Vol. 614 Thursday, No. 3 9 February 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 9 February 2006.

Requests to move Adjournment of Da´il under Standing Order 31 ……………… 749 Order of Business ……………………………… 751 An Bille um an Ochtu´ Leasu´ is Fiche ar an mBunreacht (Uimh. 2) 2006: An Che´ad Che´im … … 767 Twenty-eighth Amendment of the Constitution (No. 2) Bill 2006: First Stage ………… 767 Air Navigation (Eurocontrol) Bill 2005 [Seanad]: Second Stage ……………… 767 Business of Da´il……………………………… 793 University College Galway (Amendment) Bill 2005 [Seanad]: Second Stage ……………………………… 794 Committee and Remaining Stages ……………………… 824 Ceisteanna — Questions Minister for Social and Family Affairs Priority Questions …………………………… 832 Other Questions …………………………… 845 Adjournment Debate Matters …………………………… 858 Adjournment Debate Sports Capital Funding …………………………… 859 Hospital Services ……………………………… 864 Community Development…………………………… 867 Questions: Written Answers …………………………… 873 749 750

DA´ IL E´ IREANN why Mayo patients must still wait for up to eight years for an urgent urology hospital appointment ———— in Galway, and why an 80 year old man, who clinically has cancer of the prostate, has already De´ardaoin, 9 Feabhra 2006. been waiting for 16 months to see the consultant Thursday, 9 February 2006. urologist in Galway for urgent treatment; why has the situation to continue when a solution is a ———— urology unit in Mayo General Hospital and why should it be tolerated that people without health Chuaigh an Leas-Cheann Comhairle i gceannas insurance, waiting for urgent urology treatment, ar 10.30 a.m. will more than likely have a shorter lifespan due to the negligence of the Government to deal with ———— the health services, which is a disgrace.

Paidir. Mr. Sargent: I request the adjournment of the Prayer. Da´il under Standing Order 31 to address an urgent matter, namely, the wasteful use of public ———— assets by the Government, for example, the lack of any cost-benefit analysis being required by the Requests to move Adjournment of Da´il under Government before allowing the Dublin Airport Standing Order 31. Authority to proceed with sacrificing public land worth \840 million for a new runway which, if An Leas-Cheann Comhairle: Before coming to built, will add further to the imbalance in regional the Order of Business I propose to deal with a development, choking Dublin further and starv- number of notices under Standing Order 31. ing the rest of Ireland. Mr. Connolly: I seek the adjournment of the Mr. Cuffe: I seek the adjournment of the Da´il Da´il under Standing Order 31 to raise a matter under Standing Order 31 on an important and of national importance, namely, the report A specific matter of public interest requiring urgent Vision for Change on the future of mental health consideration, namely, the announcement that services in Ireland and its proposal to close and the closest nuclear power station to Dublin, the sell all remaining psychiatric hospitals and adjac- Wylfa nuclear reactor, may be kept open for a ent land attached to them; the proposal to dispose further five years beyond its original design life. of St. Davnet’s Hospital, Monaghan, and a wide variety of services in the county; the proposed An Leas-Cheann Comhairle: I call Deputy replacement of current admission units by insti- Boyle. tutional-type 50-bed admission units to be restric- ted to one for each 300,000 of the population, Mr. Cuffe: This is a matter of huge concern. which will have major consequences in rural Deputy Sargent and I visited the plant during Ireland for psychiatric admission units, its limi- the summer. tation of psychiatric day hospitals to one per 300,000 of the population, with all the difficulties An Leas-Cheann Comhairle: The matter it will create for psychiatric day patients in rural cannot be debated now. Ireland who generally have no form of personal or public transport available to them; to discuss (Interruptions). the policy of selling State assets and pursuing a rental policy; and the report’s implications for the An Leas-Cheann Comhairle: There cannot be future of mental health services in Cavan and a discussion. The Deputy has the right to read Monaghan. the matter.

Mr. F. McGrath: I seek the adjournment of the Mr. Cuffe: This is an important issue. It is not Da´il under Standing Order 31 on the following situated in middle England; it is located in Holly- specific and important matter of public interest, head, which is just 60 miles away. There should namely, the urgent need to protect Dublin Bay be a debate on the matter. by rejecting any proposals to infill 52 acres of the bay; to deal with traffic congestion, which is a An Leas-Cheann Comhairle: We cannot break great constraint on Dublin’s growth as a port city; the rules. I call Deputy Boyle. to divert port traffic from Dublin to satellite ports in the region and to ensure the prevention of Mr. Boyle: I request the adjournment of the further flooding in the Clontarf and Fairview Da´il under Standing Order 31 to discuss a matter areas. of public importance, namely, that the Minister for Enterprise, Trade and Employment make a Dr. Cowley: I seek the adjournment of the Da´il statement in the House on the decision of the under Standing Order 31 to debate a matter of CIMS company to relocate its business from Cork major local and national importance, namely, to the UK with a loss of 84 jobs and the impli- 751 Order of 9 February 2006. Business 752

[Mr. Boyle.] relates to the professional training of teachers, cations the decision may have for other call their development and the promotion of facilities centre companies in the region. for them? I do not consider it appropriate for this to be lumped in with an amendment to the 1929 An Leas-Cheann Comhairle: Having con- Act dealing with the issue of the Irish language sidered the matters raised, they are not in order which was compulsory for professorships in under Standing Order 31. NUIG. That compulsion has now been removed because of the proposal by the university to have Order of Business. a strategic development plan for Irish, of which Minister for Communications, Marine and all future development plans would have to take Natural Resources (Mr. N. Dempsey): It is pro- cognisance. posed to take No. 1, Air Navigation I object to a fundamental matter like the (Eurocontrol) Bill 2005 [Seanad] — Second Teaching Council Act 2001 being inserted by Stage, to adjourn at 1 p.m. today, if not previously stealth into the University College Galway concluded; No. 2, University College Galway (Amendment) Bill. Ample time should be pro- (Amendment) Bill 2005 [Seanad] — Second and vided for a discussion on the issue of education, Subsequent Stages; and No. a11, University including the Teaching Council, because the per- College Galway (Amendment) Bill 2005 [Seanad] ception in this country is that all is lovey-dovey — Instruction to Committee, to be taken in the in the Department of Education and Science with event of the proposal relating to all Stages of No. our esteemed Minister when, in fact, the situation 2 being agreed. It is proposed, notwithstanding is quite the opposite in a number of areas. This anything in Standing Orders, that the following House should have an opportunity to discuss the arrangements shall apply to No. 2: (i) the pro- amendments to the Teaching Council Act as a ceedings on Second Stage shall, if not previously separate entity because the quality of our concluded, be brought to a conclusion after two teachers is fundamental to the future of the coun- hours; the opening speech of a Minister or Mini- try, and we should discuss the quality of their ster of State and of the main spokespersons for training, the resources that are made available to the Fine Gael Party, the Labour Party and the them and the impact of that on the system of edu- Technical Group, who shall be called upon in that cation. I would like to know why this is being order, shall not exceed 15 minutes in each case; inserted now. the speech of each other Member called upon shall not exceed ten minutes in each case; Mr. Rabbitte: Everyone in the House, to my Members may share time; and a Minister or Mini- knowledge — certainly everyone on these ben- ster of State shall be called upon to make a ches — is more than happy to facilitate the pass- speech in reply which shall not exceed five age of the University College Galway minutes. No. a11 shall be taken on the conclusion (Amendment) Bill, for reasons of which the Mini- of the Second Stage and shall be decided without ster is aware. Like Deputy Kenny, this is the first debate and the proceedings on Committee and we have heard about the insertion of a matter Remaining Stages shall, if not previously con- that is completely different and that seems to cluded, be brought to a conclusion at 3.30 p.m. have come to light as a result of the inability to today by one question which shall be put from the appoint members to the Teaching Council Chair and which shall, in regard to amendments, because the legislative basis was not there to do include only those set down or accepted by the it. Advantage has been taken of a distinctly Minister for Education and Science. different matter to provide that legislative basis. We need to know why the Government pro- An Leas-Cheann Comhairle: There is one pro- poses to handle it this way because we have had posal to put to the House. Is the proposal for too much rushed legislation in the lifetime of the dealing with No. 2, University College Galway Government. Something as basic as this in terms (Amendment) Bill 2005 agreed to? of the Teaching Council Act has been omitted. We have experience of this practice, in particular Mr. Kenny: What is presented on the Order of from the Minister for Justice, Equality and Law Business is not what was agreed, which was to Reform, of sheer incompetence and rushed legis- take Second Stage of the University College lation with inadequate time given to the House Galway (Amendment) Bill 2005 before it would to debate it, and now we have something included be referred to committee. The Order Paper now in proposed legislation, the title of which is before contains section 2, which is to insert in page 3 the the House, that has absolutely nothing to do with fact that sections 1, 2, 4, 5, 6, 8 and 10 of the the Teaching Council and makes no reference to Teaching Council Act 2001 are to be included as it. part of the debate on the University College Galway (Amendment) Bill. Will the Minister for Mr. Sargent: One of the reasons why the taking Communications, Marine and Natural Resources of the University College Galway (Amendment) explain what this is about, and why it is not pos- Bill was facilitated in the short time envisaged sible that we should have a discussion in the was that it dealt with the university itself and the House about the Teaching Council Act, which amendment to the 1929 Act. Is the Government 753 Order of 9 February 2006. Business 754 seriously taking for granted that this agreement co-operation in regard to this matter. I agree with can now be diluted and cast aside on the basis of the Deputies who have spoken that this is not an introducing the Teaching Council Act 2001? This ideal way to introduce something of this nature. matter should be the subject of a meeting with If Members across the House are unhappy with the Whips before it proceeds. Deputy Boyle cer- this particular aspect of the proposal I am willing tainly was not informed about the Teaching to withdraw it and just have Second Stage of the Council aspect of this legislation and it appears University College Galway (Amendment) Bill that neither were the other Whips. taken today to allow the Whips to discuss the If the House is to proceed in an orderly fashion other matter and to make suitable arrangements we should know in advance what legislation is for it. coming forward and its context. It is also unfair In reference to what Deputy Rabbitte said in to the people who have been approaching all of regard to a debate on education, the Minister the spokespersons in the House on the legislation informed me that she would be very happy to for them to discover very late in the day that pro- take a debate on education at any stage. In defer- vision had not been made for an aspect to the ence to what has been said from across the House legislation. It is unfair and undemocratic and it I propose that the University College Galway indicates that the House is not being considered (Amendment) Bill, Second Stage, would adjourn by the Government as part of the process but is at 3.30 p.m. being taken for granted again, to which I object. An Leas-Cheann Comhairle: Is the proposal Aengus O´ Snodaigh: Cosu´ il leis na Teachtaı´ withdrawn? eile, ta´ me´ ag cur i gcoinne an guillotine ar an mBille seo, toisc nach bhfuil go leor ama a´ thab- Mr. N. Dempsey: Yes. hairt, fiu´ don chuid a raibh muid ag de´ilea´il leis mar gheall ar Ollscoil na Gaillimhe. Ta´ se´ scanna- An Leas-Cheann Comhairle: The proposal re lach nach mbeidh ach 30 no´ ime´ad againn chun No. 2 is withdrawn. de´ilea´il le breis is 39 leasu´ ar an cheist seo ata´ os comhair na Da´la. Ta´ se´ scannalach a lu´ ama is ata´ Mr. Kenny: We agree with that and thank the ann chun de´ilea´il leis an cheist mho´ r seo o´ thaobh Minister for making that arrangement. It means athruithe suntasacha i sta´das na Gaeilge in only Second Stage of the University College Ollscoil na Gaillimhe de. Galway (Amendment) Bill 2005 [Seanad] will be Chomh maith leis sin, ta´ an tAire tar e´is an taken today. chuid nua seo a chur isteach sa Bhille. Ta´ I want to ask two questions on the Order of buı´ochas a´ ghabha´il le hobair ru´ naı´ an Aire, mar Business. ghlaoigh se´ ar a´r n-oifig, agus labhair se´ lena´r n-urlabhraı´ oideachais. Nı´ ga´ go n-aontaı´mid gur Mr. Rabbitte: I beg Deputy Kenny’s pardon. I cho´ ir go mbeadh se´ seo anseo. Ba cho´ ir go thank the Minister for agreeing to that. Will all mbeadh Bille beag difriu´ il os comhair na Da´la ag Stages be taken? Second Stage is to finish at de´ilea´il leis an cheist seo maidir le hAcht choiste 3.30 p.m. na mu´ inteoireachta. Ta´ se´ ag sleamhnu´ isteach Mr. N. Dempsey: No, Second Stage only. anseo, agus nı´ bheidh am againn chun de´ilea´il leis i gceart, fiu´ san da´ uair ata´ againn. Ba cho´ ir du´ inn Mr. Rabbitte: When will Committee and an guillotine a ardu´ agus de´ilea´il leis seo i gcai- Remaining Stages be taken? theamh cu´ pla la´.Ta´ me´ ag cur i gcoinne an mholta ata´ os a´r gcomhair. Mr. N. Dempsey: It can be referred to Commit- tee, if the Deputy wishes. We will see how it goes Mr. N. Dempsey: I acknowledge what Deputy today and we can leave it to the whips to make Rabbitte and Deputy Kenny said in regard to the the arrangement then. University College Galway (Amendment) Bill. There was a level of agreement and much co- Mr. Rabbitte: As I understand it, colleagues operation with the Whips on the taking of this are content to deal with it, minus that section, on Bill. Another issue arose in regard to putting the the floor of the House. Teaching Council on a statutory footing which I understand was discussed with the Whips. The Mr. N. Dempsey: We need to discuss a mech- Minister for Education and Science briefed the anism for the second matter. Whips on that—— Mr. Howlin: It is a short Bill. Mr. Stagg: It was not discussed with the Whips. Mr. N. Dempsey: If the Deputy does not mind, Mr. Kehoe: No, it was not. we will leave it go to Second Stage today.

Mr. N. Dempsey: ——or the spokespersons Mr. Kenny: I wish to raise two issues on the rather. The Deputies should let me finish. The Order of Business. The Minister is obviously spokespersons were briefed to try and get their aware of the Sea-Fisheries and Maritime Juris- 755 Order of 9 February 2006. Business 756

[Mr. Kenny.] crystal clear on what the Legislature had to do, diction Bill 2005 and the controversy arising and when it is equally crystal clear that the therefrom which has been highlighted by Deputy Government has denied all liability, denied any Perry and a number of other Deputies, including illegality, denied that moneys were taken and members of the Fianna Fa´il Party, for the past denied entitlement to restitution. number of weeks. The Minister wrote to the Chairman of the Joint Committee on Communi- An Leas-Cheann Comhairle: The Deputy has cations, Marine and Natural Resources. In his let- raised two matters. Does Deputy Rabbitte wish ter he stated a small group of fishermen have to comment on the fisheries matter? deliberately flouted the law and made consider- able sums of money. This is the Legislature. We Mr. Rabbitte: I support Deputy Kenny on the cannot stand by law breakers but the rush to remarks he has made. legislation, and the rows therein, will only deal with issues for the future. What action is being Mr. N. Dempsey: Made is right. taken in respect of his public comment that he is aware a small number deliberately flouted the Mr. B. O’Keeffe: Deputy Rabbitte fell asleep law and made considerable sums of money or is on the back foot. there an attempt here to make the legislation retrospective in some way and that the existing Mr. Rabbitte: I was waiting to hear the Mini- legislation is incapable of dealing with the scale ster’s reply and then I was going to ask a sup- of allegations of charges against some persons plementary. which, I understand, involve moneys as high as An Leas-Cheann Comhairle: The Chair was three figure sums in the millions? hoping it would be the other way round. I call May I raise this matter with the Minister in Deputy O´ Caola´in. respect of forthcoming legislation? Just a year ago, the Supreme Court ruled that taking charges Caoimhghı´nO´ Caola´in: Would the Minister, off pensioners staying in public long-stay beds who is in the hot-seat today and who we welcome was an unjust attack by the State. It ruled that in that role, recognise that there is great conster- health boards had no right to charge for inpatient nation caused by this Bill currently before the services. On 11 May last year the Ta´naiste and Joint Committee on Communications, Marine Minister for Health and Children, Deputy and Natural Resources and take the honourable Harney, announced that all those who were course of withdrawing the Bill in its entirety? illegally charged and are alive, and the estates of all of those who were charged and died in the six Mr. Broughan: On the same subject, at long years prior to 9 December 2004, would have last there is the opportunity for the Minister, those charges repaid in full. Deputy Noel Dempsey, to directly take responsi- I was informed yesterday of a claim made by a bility. The unfortunate Minister for the marine, family whose late mother had been charged fees of course, has apparently disappeared. A number in a public nursing home and that the Ta´naiste of Ministers are currently under considerable and Minister for Health and Children, the HSE pressure. The Minister, in his famous letter on and the Attorney General have lodged a full administrative penalties, seems to accept that defence. In that defence the Ta´naiste and Mini- they are constitutional. This was a key issue in ster for Health and Children and her co-defend- the Bill. He states they are not suitable but he ants deny any liability. They deny the illegality of seems to infer that they are constitutional. That charges and deny that any moneys were taken. is the advice which he gave me last week in They deny the entitlements to restitution. The answer to a question on the communication regu- statements made by the Ta´naiste and Minister for lations directives from Europe, where he stated Health and Children and her co-defendants are he had sought the advice of the Attorney utterly at odds with the Supreme Court ruling and General, who had deemed them to be legal. That the Government’s stated policy of repaying is the outstanding point. Nobody condones gross illegally taken fees. Applying to himself and his illegality and thievery from the Irish people in Governments what the Taoiseach correctly fishing by any unscrupulous people and it is fair stated, the Ta´naiste and Minister for Health and to say the vast majority of decent fisherman and Children and the Government cannot have it their families — the 40,000 people in maritime both ways. It cannot make one announcement in communities — are anxious that there would be public and another to the court. I want to know a transparent regime, but the Minister and his from the Minister, Deputy Noel Dempsey, and predecessor, and particularly the former Minister from the Ta´naiste and Minister for Health and for the Marine and Natural Resources, Deputy Children why this dishonest defence has been put Fahey, never made the slightest attempt to intro- up. I want her to come into the House next week duce a transparent regime or to deal with miscre- to explain — if the Minister, Deputy Noel ants who were evading the fishery laws of the Dempsey, cannot do so for her — why this posi- State. The Minister, Deputy Noel Dempsey, has a tion has been adopted by Government when the grave responsibility to try to address this matter. I Supreme Court was crystal clear in its verdict and support the call being made that unless he can 757 Order of 9 February 2006. Business 758 deal with the issue of administrative penalties, he implementation of existing legislation? There is a should come back to us with a comprehensive smear campaign against the whole fishing indus- Bill, which would also give us some opportunity try, 6,500 fishermen, even in The Irish Times of dealing with fishing illegality by European today. What has the Department done about this fleets in our waters. under the current legislation? The Minister indicated that this country will be Mr. N. Dempsey: The Health (Repayment fined millions of euro in the Brown case. That is Scheme) Bill will be with the House this session not a fact. The Minister indicated that the and the matter raised by Deputy Kenny will be unfounded allegation that failure to enact the dealt with in that. present legislation in its present form would leave I am looking forward to going to the committee the taxpayers open to multi-million euro sanc- after the Order of Business to deal with and tions. The truth is that any sanctions contem- respond to the various matters raised by Deputies plated concern the Government’s failure to on the Sea-Fisheries and Maritime Jurisdiction implement current legislation. Bill 2005, but it is a bit rich to be criticising me Who has political responsibility? Where is the for not tackling the organised criminality that is Minister of State with responsibility for the going on in the sea fishing industries when the marine? Every Member received a brief today on Members who spoke have consistently, over the this Bill. This Bill is ill-conceived as demonstrated past four or five months, tried to thwart the intro- by the fact that the Government has tabled 120 duction of legislation that will deal with it. amendments to it. This Bill has brought the whole fishing industry Mr. Stagg: Most of us are enthusiastic about it as well. down to a low level by way of leaks from the Minister’s Department, many unfounded alle- Mr. N. Dempsey: These same people—— gations and classifying 6,500 fishermen as dis- honest. That is an outrageous allegation. Mr. Stagg: Members sitting behind the Minister are enthusiastic about it. Mr. Broughan: On a point of order, will the Minister state the position on the delegated func- Mr. N. Dempsey: ——will be in this House in tions order which he made entrusting functions to two, three or four years’ time criticising the Deputy Gallagher? The Minister of State is in the Government for the levels of fines, if the EU pur- House. He should be capable of taking this Bill sues us for not having proper sea today, as it is his function to do. Is he the Minister 11 o’clock fisheries control. France has already of State with responsibility for the marine? Will been fined \20 million by the EU for the proceedings at the committee on Communi- lack of enforcement and control of sea fisheries cations, Marine and Natural Resources be legal? — \20 million straight off and \57 million for ongoing offences every six months. I will not An Leas-Cheann Comhairle: That is not a expose the taxpayer of this country to that kind point of order. of criminality and to the potential of those kinds of fines. I need this legislation. When I meet the Mr. Broughan: It is a point of order. This Commissioner next Monday week, I need to be House made a resolution transferring the func- able to assure the Commission that tough but fair tions of responsibility for marine and fisheries to legislation is in place and will be applied fairly. Deputy Gallagher. Is he still a Minister of State? What is his function in this Government? He was Mr. McCormack: Will it be the same legislation supposed to be a sort of half-Minister at the as in every other European country? Cabinet. Why is he not taking this Bill today? It is his responsibility. Mr. N. Dempsey: In the national interest, I ask Opposition Members to support this legislation An Leas-Cheann Comhairle: That is not a and get it through the House as quickly as point of order. I call Deputy Rabbitte. possible.

Mr. McCormack: The Minister will make crimi- Mr. Rabbitte: I will wait for the Minister to nals out of all the fishermen. reply.

Mr. J. O’Keeffe: Is it possible to pass fair Mr. J. O’Keeffe: Why is the Minister trying to legislation? brand all fishermen criminals?

An Leas-Cheann Comhairle: I call Deputy An Leas-Cheann Comhairle: I would prefer Perry to speak briefly. There cannot be a full dis- that Deputy Rabbitte ask his question and the cussion on this matter now. Minister can reply to all together.

Mr. Perry: Is it not a fact that the Commission Mr. Rabbitte: I wish to raise a different matter. will fine the Minister’s Department for the non- If the Minister wishes he may reply on this issue. 759 Order of 9 February 2006. Business 760

Mr. N. Dempsey: If we are to have a debate I Mr. J. O’Keeffe: Why crucify all the fishermen? would prefer to have it in committee. Mr. N. Dempsey: That is why this legislation is Mr. Kehoe: The Minister is afraid to have the before the House. debate on the floor of the House. Mr. Perry: If there is criminal activity going on, Mr. N. Dempsey: I understand that the com- as Deputy Kenny said, what is the Minister or the mittee will hold the debate this morning and for Minister of State doing about it? three days next week. I will facilitate that debate, 24 hours a day, seven days a week until I get the Mr. N. Dempsey: I cannot understand how the Bill through. so-called party of law and order does not support the legislation. Mr. McCormack: The Minister of State, Deputy Fahey can take it. Mr. J. O’Keeffe: It is a travesty.

Mr. Durkan: Has the Minister of State been Mr. Perry: What is the Minister’s Department reeled in? doing about the people carrying out illegal activity? He is castigating the whole industry. Mr. J. O’Keeffe: That is a bulldozer job. An Leas-Cheann Comhairle: The Deputy is out Mr. N. Dempsey: Deputy Perry mentioned that of order. I call Deputy Rabbitte on a different there are 120 Government amendments to the matter. Bill. They come from listening to people who are genuinely concerned about the sea fisheries Mr. Perry: What is the Minister doing about industry, and listening to our backbenchers. it? Nothing.

Mr. McCormack: Not on that side of the Mr. N. Dempsey: I will tell the Deputy after- House. wards, if he comes to the committee.

Mr. N. Dempsey: They suggested that we have Mr. J. O’Keeffe: That is black propaganda. an independent sea-fisheries protection authority. An Leas-Cheann Comhairle: We will move on. Mr. Perry: The Minister should talk to his I call Deputy Rabbitte. backbenchers today. They will tell him how happy they are with the Bill. Where is the Mini- Mr. Broughan: The Minister did not clarify the ster of State with responsibility for the marine? position of the Minister of State. Is he still a Mini- ster of State? Mr. Cuffe: Will the Minister of State resign? An Leas-Cheann Comhairle: I have allowed Mr. N. Dempsey: The Deputy cannot have it generous latitude on that question. We will pro- both ways. He cannot speak out of both sides of ceed to hear Deputy Rabbitte. his mouth at one time on this matter. Mr. J. O’Keeffe: Is the Minister willing to Mr. Perry: The Minister has it every way. He listen? appointed a Minister of State and delegated responsibility. Mr. N. Dempsey: I am surprised at Deputy O’Keeffe who is a solicitor. Mr. Allen: Deputy Perry should give the Mini- ster hell. Mr. Broughan: Will the Minister confirm whether he has a Minister of State at his Mr. N. Dempsey: As for the allegation that I Department? have denigrated and categorised all fishermen as dishonest—— An Leas-Cheann Comhairle: The Deputy is being disorderly and should resume his seat. I call Mr. McCormack: That is what the Bill does. Deputy Rabbitte.

Mr. N. Dempsey: In my public statements I Mr. Broughan: This House passed a resolution have made it quite clear that there is a small to appoint a Minister of State with responsibility group of fishermen who are engaged in system- for the marine. The Minister has now assumed atic criminal activity. those functions but we have heard no announce- ment from the Taoiseach or the Minister on the Mr. Perry: What is the Minister doing about function of the Minister of State. The Minister that? has torn apart the Department of Communi- cations, Marine and Natural Resources but he Mr. Allen: Go for them, Deputy Perry. will not answer even this basic question. 761 Order of 9 February 2006. Business 762

Mr. Allen: The Minister is bluffing. a defence by the State and the Ta´naiste, Deputy Harney, that the State has no liability and does Mr. N. Dempsey: If the Deputy knew his law not accept any responsibility for overcharging or he would know exactly what the term “designated repayments. Will the Minister respond to that functions” means. comment, and say when the legislation promised for last autumn will come before the House, and Mr. Perry: I have one more question. when the scheme of repayments to people over- charged in nursing homes will commence? An Leas-Cheann Comhairle: I cannot allow any more questions on this subject. I have been Mr. McCormack: It will commence in the run- very generous in giving it time. I call Deputy up to the election. Rabbitte. Mr. Rabbitte: I mean no disrespect to the Mini- Mr. N. Dempsey: I will talk to Deputy Perry at ster present. I thought the Ta´naiste would be here the committee. this morning. The trolley watch in Tallaght Hospital reached an all-time crisis yesterday Mr. Perry: What cases could not be prosecuted when 58 patients were accommodated on trolleys. in the past two or three years under existing legis- When will the House receive the Barr report? lation? Will the Minister please answer that It is six years since the killing of John Carthy. question? On 15 June 2005 Deputy Hogan asked the Minister for Arts, Sport and Tourism if he was An Leas-Cheann Comhairle: The Deputy is satisfied that no person who was disqualified wasting the time of the House. He is out of order. from holding a directorship of a private company was a member of a State board under the aus- Mr. Durkan: Under existing law, what has the pices of his Department. The Minister replied Minister been doing for the past two or three that he was not aware of any appointees to State years? boards under the auspices of his Department dis- qualified from holding a directorship of a private Mr. Perry: What cases could not be company. The Minister replied in one sentence, prosecuted? saying: “I am not aware of any appointees to Mr. N. Dempsey: There was a case in Donegal State boards under the auspices of my Depart- three weeks ago. ment currently disqualified from holding a direc- torship of a private company”. I tabled a further Mr. Perry: The Minister should state the case. question on 28 June, drawing his attention to a person disqualified by the High Court. I wrote to Mr. N. Dempsey: I will not state the case. him again, on 1 July 2005, drawing his attention Unlike the Deputy, I will not use or abuse the to the appointment to Bord na gCon of a person privilege of the House. disqualified from holding a directorship in a private company and to the fact that he had taken Mr. Perry: Is there a book of evidence in the representations from six different organisations case? The Minister is making an allegation. asking him not to make the said appointment because of the disqualification. However, he pro- An Leas-Cheann Comhairle: The Deputy ceeded to do so. Will the Minister for Communi- knows all these matters can be attended to on cations, Marine and Natural Resources, Deputy Committee Stage. He is out of order. Noel Dempsey, require the Minister for Arts, Sport and Tourism, Deputy O’Donoghue, to set Mr. Perry: There has been no case in the past the record straight by saying why he made the two years that could not be prosecuted. decision and whether that person will continue to serve as a director of Bord na gCon? Mr. Allen: Will the Minister answer Deputy Perry’s question? Mr. N. Dempsey: The legislation about which the Deputy asked is to be taken this session. The Mr. Rabbitte: Last June, the Ta´naiste and scheme will follow from that. I understand that Minister for Health and Children said she \400 million has been provided for it in this year’s intended to bring legislation before the Estimates. I will contact the Deputy regarding the Oireachtas in autumn which would provide a Barr report, since I do not know when it is to clear legal framework for a repayment scheme for be published. I do not know what legislation the those who were unlawfully charged in nursing Deputy was inquiring about regarding the last homes. She added that this would ensure that matter, but I understand legal advice was taken repayments were made as promptly as possible. at the time. I have not heard her reply to the extraordinary development whereby the family of a dead pati- Mr. Durkan: Yesterday, arising from concerns ent, in prosecuting an action, has been met with about child pornography on the Internet, I asked 763 Order of 9 February 2006. Business 764

[Mr. Durkan.] the Department of Health and Children was dis- the Taoiseach his proposals for the possible early cussing the establishment of a pre-employment introduction of the electronic communications consultancy service. A long time has passed since (miscellaneous provisions) Bill. The Minister 2003, and rather than have children put in con- assisted the Taoiseach in his answer and seemed tinuing danger, can the Government attend to it to state the Child Trafficking and Pornography and not let matters slide further? Act 1998 was the relevant legislation. However, it is considered in mainland Europe and the UK Mr. N. Dempsey: It is not possible to say when that the Internet watchdog provides the appro- that register will be established, but the Depart- priate method to police such activity. Since the ments of Education and Science and Justice, Minister for Communications, Marine and Equality and Law Reform, which are responsible Natural Resources, Deputy Noel Dempsey, is for the Bill, are still working on and discussing here this morning, perhaps he might clarify that. it. Discussions also took place with the Northern The second issue concerns the worries Ireland authorities. expressed by many regarding the fuel storage Mobile telephones will be dealt with under a capacity and facilities of this country for both gas transport Bill, which I believe will come before and oil. The national oil reserves agency Bill is the House shortly. shortly to come before the House. Perhaps the Minister might state when that is likely to happen Ms O. Mitchell: He is a man with much to and whether he will take account of that shortfall deal with. in the storage facilities. Mr. N. Dempsey: I hope that it receives more Mr. N. Dempsey: The Taoiseach answered the support from the other side of the House than first question on telecommunications yesterday. when its introduction was attempted three years We have very extensive legislation on that area. ago. Consideration is being given to strengthening that, perhaps through an agreement with the Caoimhghı´nO´ Caola´in: With three of the industry regarding 3G telephones. Discussions country’s four sexual assault treatment units, at are ongoing, and it may or may not be included the Rotunda, Waterford Regional Hospital, and in the Bill. The national oil reserves agency Bill Letterkenny General Hospital, at risk of closure, is to be taken this session. All relevant matters can the Minister for Communications, Marine will be taken into account. and Natural Resources advise what mechanism the former Minister for Health and Children, Mr. Sargent: Before I ask regarding promised Deputy Martin, employed to ensure funding for legislation, perhaps I might inquire regarding the the Cork centre? Is legislation required to report in today’s newspapers about the Govern- provide for State funding for each of the other ment Chief Whip, Deputy Kitt, who, although not three that I have named and the inclusion of a present at a rezoning vote in 1992, received new network of sexual assault treatment units at £2,000 and failed to declare the payment. Does other centres in Galway, the midlands and the the Minister of State intend making a personal north-east region? statement to the House on the matter, given the questions that arise from that report? Mr. N. Dempsey: No legislation is promised.

An Leas-Cheann Comhairle: That does not Mr. Kenny: I thank the Minister for com- arise on the Order of Business. menting on the preparation of the scheme for repayments to which he referred when Mr. Sargent: Has the Minister for Transport, responding to Deputy Rabbitte. I am not clear, Deputy Cullen, told his colleagues in Govern- however, why the Government, the Minister, the ment of promised legislation on the curtailment Attorney General and the HSE have mounted a of the use of mobile telephones? Why did I not full defence against a claim lodged by a family hear that last week? We heard about penalty perfectly legitimately. That is a dishonest points but not about legislation on mobile tele- defence. If \400 million is left aside for repay- phones, instead learning of it through the radio ment this year, why has that course of action been this morning. To clarify matters for the House, taken when it is absolutely in keeping with the is that legislation promised, being thought about, Supreme Court decision? pending or part of some other legislation already promised? An Leas-Cheann Comhairle: The Deputy I wish to ask regarding legislation on the should keep to the Order of Business. The matter interests of children, something that Deputy has been dealt with. Durkan raised, namely, the register of persons who are considered unsafe to work with children Mr. Kenny: Perhaps the Minister might explain Bill. I have repeatedly asked about it, and it had why they have taken this action and mounted that been promised for 2003. The Taoiseach told us dishonest defence. 765 Order of 9 February 2006. Business 766

Regarding the safety review of the Corrib gas the Minister, Deputy Noel Dempsey, to answer field, the report of which he is now considering, that question on behalf of the Government. when are we likely to see it published? Is it likely to recommend extra safety features or a change An Leas-Cheann Comhairle: It would be more of direction to bringing the gas ashore? Perhaps appropriate for the Deputy to table a question. the Minister might comment on that. Dr. Cowley: Is the Government interested in An Leas-Cheann Comhairle: We cannot turn keeping people alive or do those of us living in the Order of Business into Question Time. the west matter? Will the Government set up a consultant urology unit in Mayo General Mr. Kenny: I appreciate that, but the Minister Hospital in Castlebar? has the report. Mr. N. Dempsey: There is no legislation specifi- Mr. N. Dempsey: I have the report. cally promised for the people of County Mayo but the Constitution takes care of that. Ms McManus: Might we have an explanation for the delay on the nursing home repayments Dr. Cowley: I wish it was enacted. The Consti- scheme? The information was with the Minister tution is not taking care of it. a year ago that the charges were illegal, and it seems extraordinary that it has taken so long. Can Mr. Gilmore: The housing (miscellaneous the Minister report to us why the delay has been provisions) Bill is promised for publication in so lengthy? 2006. The heads of the Bill have not yet been Since the Minister is so concerned about the approved by the Government. Will the Minister taxpayer losing up to \56 million in fines, has the arrange with the Minister for the Environment, Minister yet discovered where it went in HSE Heritage and Local Government or the Minister spending? The Minister for Finance, Deputy of State with responsibility for housing, to give Cowen, initially told in the House the money had a briefing on that Bill or on the miscellaneous been transferred from capital to revenue. The provisions which are intended, to the Oireachtas next day the Minister for Health and Children, committee and to perhaps discuss with the com- Deputy Harney, came in and said it was not so mittee what miscellaneous provisions in the but that she did not know where it was. That was administration of our housing system might be a few weeks ago. Has the Minister found the amended? This is an area where the wider partici- money yet, and does the Minister for Finance pation and the experience of Members of the intend introducing a Supplementary Estimate? House might be brought to bear in the prep- What has happened to that taxpayers’ money? aration of a Bill which would deal with issues with which Members as public representatives deal on Mr. N. Dempsey: No Supplementary Estimate a daily basis. is promised. Mr. N. Dempsey: I will ask the officials to con- Ms McManus: I am sorry, but the Minister for vey that request to the Minister concerned Health and Children, Deputy Harney, stated because as the Deputy rightly stated, the pro- there would be one if necessary. Weeks have visions deal with tenant purchase schemes, the passed. Do we know yet whether a Supplemen- sale of flats, the strengthening of the powers of tary Estimate will be introduced? local authorities to deal with anti-social behav- iour, and so on. This is certainly an area where Mr. N. Dempsey: There is none promised. Members of this House and members of local authorities would have expertise. Dr. Cowley: The HSE western area is the size of Northern Ireland with a population of 350,000 Mr. Stanton: I am aware of families who are people. It has eight consultant urologists. There still awaiting the payment of third-level education are boxes of applications from GPs dating back grants, even at this stage of the academic year. to 1998, eight years, for patients to be seen by a What is the current status of the promised third- consultant urologist in Galway. One man who has level student support Bill? Are the heads of the been waiting for one and a half years has now Bill published and will it be in the House this developed cancer. session or next session? Will it be enacted in time for next year? An Leas-Cheann Comhairle: The Deputy should ask a question on promised legislation. Mr. N. Dempsey: I understand the heads of the Bill are being drafted and it is expected it will be Dr. Cowley: Is legislation envisaged to ensure published during the course of this year. people are treated equally so the people of County Mayo can have the same chance of a nor- Mr. O’Shea: Will the Minister say when it is mal lifespan as the people living in Dublin? I ask intended to enact sections 55 to 62, Part VIII of 767 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 768

[Mr. O’Shea.] Ms Shortall: Might this be an indication that the Local Government Act 2001? These sections the Minister of State has been moved to the deal with the proposal from a local authority for Department of Transport? boundary extension. Mr. Gallagher: I would not presume anything. Mr. N. Dempsey: I will ask an official to com- municate with the Deputy on that matter as I do An Leas-Cheann Comhairle: I invite the Mini- not have that information. ster of State to proceed.

An Bille um an Ochtu´ Leasu´ is Fiche ar an Minister of State at the Department of mBunreacht (Uimh. 2) 2006: An Che´ad Che´im. Communications, Marine and Natural Resources (Mr. Gallagher): I move: “That the Bill be now Twenty-eighth Amendment of the Constitution read a Second Time.” (No. 2) Bill 2006: First Stage. The main purpose of this Bill is to give effect to the international convention relating to co- Mr. Boyle: Tairgim: operation for the safety of air navigation signed Go gceado´ far go dtabharfar isteach Bille da´ at Brussels on 13 December 1960, as consolidated ngairtear Acht chun an Bunreacht a leasu´ . by the protocol signed at Brussels on 27 June 1997. I move: Eurocontrol, the European organisation for the That leave be granted to introduce a Bill safety of air navigation, was established by an entitled an Act to amend the Constitution. international convention in 1960. The provisions of the 1960 convention were given effect in the Air Navigation (Eurocontrol) Act 1963. The for- An Leas-Cheann Comhairle: Is the Bill mal accession of Ireland to the Eurocontrol opposed? organisation came into force on 1 January 1965. Minister of State at the Department of the Membership of the organisation has continued to Taoiseach (Mr. Kitt): No. grow and has now reached 35 states, including all EU member states except Estonia, Latvia and Cuireadh agus aontaı´odh an cheist. Lithuania. The accession of the European Com- munity to Eurocontrol took place on 8 October Question put and agreed to. 2002. Eurocontrol has, as its primary objective, the An Leas-Cheann Comhairle: Since this is a development of a seamless, pan-European air Private Members’ Bill, Second Stage must, under traffic management system. The achievement of Standing Orders, be taken in Private Members’ this objective is a key element to the present and time. future challenges facing the aviation community, which are to cope with the forecast growth in air Mr. Boyle: Tairgim: “Go dto´ gfar an Bille in am traffic, while maintaining a high level of safety, Comhaltaı´ Prı´obha´ideacha.” reducing costs and respecting the environment. Eurocontrol develops, co-ordinates and plans I move: “That the Bill be taken in Private for implementation of short, medium and long- Members’ time.” term pan-European air traffic management stra- tegies and their associated action plans on a col- Cuireadh agus aontaı´odh an cheist. laborative basis. It is a collective effort involving national authorities, air navigation service pro- Question put and agreed to. viders, civil and military airspace users, airports, industry, professional organisations and relevant Air Navigation (Eurocontrol) Bill 2005 [Seanad]: European institutions. Second Stage. Since the 1960 convention a number of proto- Ms Shortall: On a point of order, why is this cols have been adopted. Two of these dealt with Minister of State taking the Bill in the House as tax provisions while the third protocol of 12 this is a Department of Transport Bill? February 1981 was on a multilateral agreement on route charges. This provided for a common Mr. Gallagher: It would not be unusual for me policy and joint system for the establishment and to take a Bill when the Minister for Transport collection by Eurocontrol, on behalf of the con- is unavailable. tracting parties, of en route air traffic control charges in European airspace covered by the Ms O. Mitchell: The Minister of State who was agreement. sacked took the Bill in the Seanad. The provisions of the convention and its sub- sequent protocols were given effect in Irish legis- Mr. Gallagher: I presume the Deputies are lation by the Air Navigation (Eurocontrol) Acts anxious to proceed with the Bill. 1963 to 1983. These Acts were subsequently repe- 769 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 770 aled and the provisions of the convention and the single European sky, research and develop- subsequent protocols given effect in the Irish ment, data collection and analysis in the areas of Aviation Authority Act 1993. The Irish Aviation air traffic and environmental statistics, satellite Authority is required under the latter Act to navigation, and international co-operation in the implement specific provisions of the Eurocontrol field of aviation. convention. In this context, it is important to explain what is A revised Eurocontrol convention was con- meant by the single European sky. The European cluded following several years in negotiation. The Communities’ single sky and the revised Euro- changes represent a major revision of the conven- control convention are deeply interlinked initiat- tion and are designed to update the convention ives designed to tackle structural inefficiencies in to take into account progress made in the area European air traffic management. The approach of air navigation services. The final Act to the represents in many respects a marriage of the convention and the protocols amending and con- technical expertise of Eurocontrol with the politi- solidating the text of the Eurocontrol Inter- cal and legal wherewithal of the Community. national Convention were signed by Ireland, sub- In the late 1990s, the sharp rise in European air ject to ratification, on 27 June 1997. The revised traffic led to substantial air traffic control delays. convention will come fully into force when it is These delays prompted the European Com- ratified by all member states. To date, 26 of the mission to launch its own initiative with the issu- 35 member states have ratified the revised ance in December 1999 of its communication convention. entitled “The creation of the single European The amendments are designed in particular to sky”. Significant progress has been made on the strengthen the co-operation between contracting move towards implementing the single European parties via joint activities in the field of air navi- sky policy, which attempts to reform the current gation. I must emphasise that these objectives do air traffic management system. not prejudice the principle that every State has Air traffic management in Europe, with 73 air complete and exclusive sovereignty over the air- traffic control centres operating in the pan-Euro- space above its territory, nor the capacity of every pean airspace, is fragmented and is facing capa- State to exercise its prerogatives with regard to city constraints in the future. An estimated security and defence in its national airspace. 350,000 flight hours a year are wasted due to inef- The main provisions of the revised convention ficient air traffic management and airport delays. include an updating of the objectives of the The European Commission has proposed a organisation, commensurate with its current and regulatory approach in the area of air traffic man- possible future activities; a new institutional agement with the objective of achieving a har- structure for formulating and implementing the monised approach to safety in air traffic manage- organisation’s policy; an expansion of the tasks of ment, ATM, the regulation of air traffic services, the organisation to achieve a European air traffic technical inter-operability of systems and airspace management system; more effective decision- design and management at a European level. making based on majority voting; and an enabling A key element of the institutional arrange- provision for European Community membership ments is the single sky committee which provides of Eurocontrol. a mechanism for collaboration between member At about the same time as the revised conven- states’ civil and military authorities on airspace tion was signed in June 1997, EU member states allocation and use. The single sky policy is the agreed in principle to Community membership of best means of overcoming the current insti- Eurocontrol, facilitated by the new article 40 of tutional and structural problems that exist in the the convention, as the most appropriate way for European ATM system. It offers an effective pro- the Community to exercise its competence in air cess for securing the compliance of states with traffic management. Negotiations between the agreed system improvements. European Commission and EurocontroI sub- The single European sky initiative marks the sequently resulted in the text of an agreed beginning of what I consider to be a new, dra- accession protocol in 2002. matic and exciting chapter in European air traffic Signature of the accession protocol took place control. The development of the single sky pro- at a diplomatic conference held on 8 October posals is both a challenge and an opportunity for 2002. The accession of the European Community air navigation service providers to demonstrate in to Eurocontrol was the culmination of nego- a practical way the greater efficiencies that can tiations aimed at ensuring consistency between be obtained through the integration and develop- the two organisations as they work together to ment of services on a European scale while ensur- develop the European air traffic management ing uniformly high safety standards throughout system. This move was followed by the conclusion Europe. of a memorandum of co-operation between both A single sky committee chaired by the Euro- organisations in December 2003, establishing a pean Commission will oversee the preparation of framework for mutual co-operation and support implementing measures to establish the appro- in five areas. These were: the implementation of priate regulatory framework. These proposals 771 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 772

[Mr. Gallagher.] policy and planning for the airport/air traffic envisage Eurocontrol acting as the technical system interface as part of the “gate-to-gate” con- adviser to the single sky committee and playing a cept; improved airspace design processes; significant role in defining and developing rules improved standards making; the provision for in accordance with mandates given by the common design and procurement of systems; Community. enhanced research, development, trials and eval- The commission sees Eurocontrol reflecting uation, and more effective introduction of new the single sky rules across its membership and, technology; enhanced user consultation/ involve- therefore, achieving some of the single sky objec- ment; and enhanced global co-operation and tives in the wider European sphere. At the same influence. time, the intention is that the single sky commit- With the growth in air traffic and the expansion tee would adopt Eurocontrol’s own rules when in membership it was recognised that the pre- these were considered appropriate. In this way, viously unanimous decision-making structure was the synergies between both organisations can be unwieldy. Under the revised convention most developed. decisions can be taken by a majority vote. The The single sky legislation has implications for revised convention will enable Eurocontrol to the organisation and management of air traffic pass binding decisions on contracting parties in control services in Ireland. It will require changes the fields of air safety, which is seen as a signifi- to the Irish Aviation Authority as service pro- cant step in the right direction towards a more vider and regulatory authority for air navigation harmonised, safer European air traffic manage- services. These developments and other evolving ment system. policies at international level, give rise to the Even though the revised convention will not need for a critical examination of the structure come into force until all contracting parties have and functions of the Irish Aviation Authority individually ratified it, the contracting parties with a view to ensuring continuation of the high- agreed to implement certain provisions of the est safety standards, maximising organisational revised convention early. These have included: (i) and operational efficiency, and ensuring align- expansion of the scope of the organisation’s ment with international and European air navi- activities; (ii) establishment of the provisional gation and safety policies. council and advisory bodies to it, including the The single European sky regulations require performance review commission and the safety that all air navigation service providers be certi- regulation commission; and (iii) delegation of fied. Certification encompasses the following broader executive powers to the Eurocontrol areas: air traffic services, ATS; meteorological agency and its director general for the day-to-day services for air navigation, MET; aeronautical running of the organisation. These important information services, AIS; and communications, developments have enabled Eurocontrol to func- navigation and surveillance services, CNS. tion more effectively. Common requirements for the certification of The European Commission sees Eurocontrol air navigation service providers, when adopted, reflecting the single sky rules across its member- will cover a range of criteria, including technical ship and, therefore, achieving some of the single and operational ones. Air navigation service pro- sky objectives in the wider European sphere. At viders will also be required to demonstrate suit- the same time, the intention is that the single sky ability in the areas of ownership and organis- committee would adopt Eurocontrol’s own rules ational structure, as well as human resources, when these were considered appropriate. In this including adequate staffing plans and security. way, the synergies between the two organisations These criteria provide the foundation for can be developed. Eurocontrol can play an national supervisory authorities to certify service important role in bridging the gap between EU providers. Only validly certified air navigation states under the new air traffic management, service providers can then be designated to ATM, regulatory structure being devised under provide air traffic services on an exclusive basis Single Sky, and the non-EU contracting parties within specified, constituent airspace blocks of and will also continue to act as the main technical the national airspace. The safety regulation div- support body for Europe’s air traffic manage- ision, SRD, of the IAA has been nominated as ment industry. Ireland’s interim national supervisory authority. The Bill amends the Irish Aviation Authority While Eurocontrol was previously almost Act 1993 and also makes provision for related exclusively concerned with air traffic manage- matters. Specifically, the Bill reflects changes in ment activities for the en route segment, the the management structure of Eurocontrol and revised convention has considerably extended the provides for the making of regulations requiring scope of its activities to include the entire spec- the Irish Aviation Authority to comply with any trum of air traffic services. conditions laid down for the operation of a com- The changes enable: the introduction of inde- mon European air traffic flow management pendent performance review and target setting; system at a common international centre. Euro- improvements to safety regulation; strengthened control already operates such a centre, the central 773 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 774 flow management unit based in Brussels, which implement this element of the convention. I has worked well with national air traffic service therefore assure Deputies that the passage of this providers over a number of years. Furthermore, Bill in its current form will not increase our cur- the Bill provides that Eurocontrol officers may rent powers relating to detention and sale of air- give evidence in Irish courts and also provides for craft for unpaid charges. These provisions have such officers to carry out on-the-spot inspections. been in place since 1988. Government policy on air navigation services The leasing companies have also voiced con- is designed to ensure that Irish controlled air- cerns about the powers contained in earlier Acts space is operated safely with maximum efficiency dating from 1988 and they have asked that they and effectiveness and that the highest inter- be modified in the Air Navigation (Eurocontrol) nationally set and agreed safety standards are Bill 2005. As a result, the Minister consulted the applied to the operations of Irish airspace and Office of the Attorney General and other those using it. This policy is based on standards interested parties, namely, the Irish Aviation that are set internationally, mainly through the Authority, the Dublin Airport Authority and International Civil Aviation Organisation, ICAO, Eurocontrol. All argued against the removal or Convention to which Ireland is a signatory. Effect dilution of the existing powers of detention and is given to this policy through the Air Navigation sale. Following consideration of all the views and Transport Acts and the Irish Aviation Auth- expressed on both sides, it has been decided not ority Act 1993. Both Government policy and the to make any changes to the existing powers at development of these standards are designed to this point. ensure continuing acceptable passenger and air- A number of technical amendments to the craft safety levels. Aviation Regulation Act 2001 will be tabled on Having regard to the largely executive nature Committee Stage. Included in these technical of air navigation and safety regulatory functions, amendments will be a provision to extend the the requirement to ensure that these remain timetable for the consideration of any appeals responsive to market needs and the desirability submitted to the Minister with regard to airport of capitalising on its potential for additional com- charges and aviation services charges determi- mercial and employment opportunities, the nations made by the Commission for Aviation Government assigned these functions to the Irish Regulation. The existing timescales set in the Aviation Authority in 1994. The authority has legislation for the consideration of appeals by an responsibility for regulating the technical and appeal panel and by the commission, where issues safety aspects of civil aviation and for the pro- are referred back to it by the panel for review, vision of air traffic standards. In its regulatory are relatively tight and the main aim of the capacity it oversees the safety standards in the amendments is to ensure that the various parties operation, maintenance and airworthiness of Irish involved have sufficient time to give due con- registered aircraft, Irish air navigation services, sideration to any appeal. Irish airlines and aircraft maintenance organis- Under the European Communities ations, the competency of Irish pilots and aircraft (Compensation and Assistance to Air maintenance engineers and the operation of Irish Passengers)(Denied Boarding, Cancellation or aerodromes. In fulfilling its role, the IAA Long Delay of Flights) Regulations 2005, SI 274 operates to international safety standards and of 2005, the Commission for Aviation Regulation procedures as laid down by the International was appointed as the designated body for the pur- Civil Aviation Organisation, the European Joint poses of implementing Regulation (EC) No. Aviation Authorities, Eurocontrol, which is the 261/2004 establishing common rules on compen- European organisation for the safety of air navi- sation and assistance to passengers in the event gation, the European Civil Aviation Conference of being denied boarding and of cancellation or and the European Union. long delay of flights and repealing Regulation During the debate on this Bill in the Seanad, a (EEC) No. 295/91. However, the European Com- number of amendments were proposed to munities Act only allows for summary convictions address concerns raised by some aircraft leasing and associated penalties for infringements of the companies on the issue of detention and sale of legislation. The Minister is taking this oppor- aircraft for unpaid debts. Articles 5 to 9 of Annex tunity to re-cast the commission’s role in primary IV to the revised convention refer to the issues legislation as this will allow it to pursue pros- of attaching the en route charge as a lien on the ecutions on indictment in the event of serious aircraft, making the operator and owner jointly breaches of the legislation. and severally liable and detention and sale of air- I now turn to the main provisions of the Bill. craft to enforce recovery. These provisions are Section 1 defines the Act of 1993 as the Irish not included in the published Bill. Under the con- Aviation Authority Act 1993. Section 2 provides vention, Ireland is under no compulsion to legis- for miscellaneous amendments to the Act of 1993 late for creation of liens or joint and several liab- reflecting the new and more streamlined organis- ility. Rather it is at the discretion of each ational arrangements within Eurocontrol and contracting party to introduce domestic law to updating the penalties contained in section 74 of 775 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 776

[Mr. Gallagher.] of every air traveller. As far as I am aware, the the Act of 1993. Section 3 provides for amend- system is unique in the world and is a model for ment of Part III — Eurocontrol Convention — of aeronautical and air traffic control co-operation. the Act of 1993 to delete references to the statute As the European organisation for the safety of of the agency and the multilateral agreement on air navigation, Eurocontrol has been central to route charges, which are incorporated into the the successful development of a seamless pan- new convention. European air traffic management system. It is to This section also empowers the Minister to be lauded and praised for the manner in which it make regulations for the purpose of giving effect has coped with the significant increase in the to the common European air traffic flow manage- amount of air traffic in recent years. It delivers a ment system at a common international centre, wide range of services to the aviation community specified in Articles 2(e), 7.2(d) and 19 of the new in the very broadest sense. It is no small task to convention, and ensuring compliance with that co-ordinate the 35 national aviation authorities. system by way of random checks and inspections In addition to joint aviation authorities, those and evidence in proceedings. Eurocontrol already involved include hundreds of airports, airlines operates such a centre, the central flow manage- ranging in size from single aircraft to medium- ment unit based in Brussels, which has worked sized airline companies such as Aer Lingus to well with national air traffic service providers enormous international characters such as Air over a number of years. France, KLM, Lufthansa and British Airways, Section 4 repeals section 67 of the Act of 1993 private and military aircraft, the aeronautical on the detention of aircraft. Section 67(a), (b) and industry, the European Aviation Safety Auth- (c) relates to the transfer of powers from the ority, NATO, the European Space Agency, the Minister to the Irish Aviation Authority set out European Commission, the International Civil in section 32 of the Air Navigation and Transport Aviation Authority and many more. For that Act 1988. Section 32 was repealed by the Air work and the processing of the average 25,000 Navigation and Transport Act 1998 so these sub- daily flights, I understand that Eurocontrol has sections are already in fact redundant. Section more than 2,000 staff. To put that in perspective, 67(d) and (e) of the Act of 1993 comprises textual it is on the scale of more than 9 million flights per amendments to section 41 of the 1988 Act, which year. Therefore, Eurocontrol’s role and contri- also relates to the transfer of powers from the bution is significant. Minister to the IAA. I am advised that the repeal When this matter was discussed in the Seanad, of the entire section 67 of the Act of 1993 does a particular aspect of the convention that gives not affect the status of section 41 of the 1988 Act rise to concerns among the industry here was as amended by section 67. focused on. Irish operators take their responsibil- Section 5 is a standard provision in legislation ities to Eurocontrol and the industry as a whole providing for the Short Title. The Schedule to the quite seriously. While I would like to praise our Bill reproduces the text of the consolidated Euro- airlines and charter companies for their conscien- control convention. I commend the Bill to the tiousness in dealing with Eurocontrol, there are House. carriers in Europe that take a less responsible view and are less conscientious, especially when Ms O. Mitchell: I thank the Minister of State. it comes to the payment of dues to Eurocontrol On behalf of Fine Gael, I welcome the introduc- for the use and management of the air traffic con- tion of this legislation, which asks us to ratify a trol system. As a result, there have been examples European convention. We are late in the day to of airline companies that have refused to pay do so. I understand from the Minister of State their fees to Eurocontrol to the tune of many mil- that there is a certain urgency about it and Fine lions of euro. I cite the example of an Italian air- Gael will not delay the Bill’s passage through line that recently became insolvent, leaving Euro- the House. control with an outstanding debt of \17 million. This is one of those Bills in which the media People who do not pay their debts are unre- has no interest and about which the public knows liable and are the last type of people one would nothing. Nevertheless, the Eurocontrol organis- want involved in the aviation industry, running ation is vital to the operation of modern society airlines and transporting passengers. They should and plays a key role in safety and the continu- be named and shamed. Where possible, airports ation of business, travel and so on. As such, this should make it clear early on that they will not is important legislation. co-operate in future business with airlines While welcoming the Bill and the changes it defaulting on Eurocontrol bills and fees to makes, Fine Gael has some difficulties with the airports. powers the Bill confers on Eurocontrol. It is a However, some of the blame for the accumu- vital body in the regulation of air traffic across lation of very large debts must lie at the door of the Continent and I wish to record my regard for Eurocontrol itself. It must be vigilant and timely the work it does. Everyone appreciates its work in its debt collection systems. We would not be in managing the system and ensuring the safety sympathetic to any business that, having allowed 777 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 778 large debts to accumulate, began to moan and which may not be the owner but has leased a seek draconian powers to improve its ability to small part of the aircraft from the owner. collect when it did not make any efforts at an This is against natural justice and should not be early stage. It inevitably increases the cost to all allowed to persist. To be even-handed, Fine Gael compliant users of the service around Europe. It would not support a situation where this power would be grossly unfair for them to take up the would be available either to Eurocontrol or the cost of what has not been paid by defaulting air- national airports. It is not an appropriate power lines. Timely and efficient debt collection is to give to anyone in pursuit of a debt. important but particularly so within an inter- Similarly, it seems that the Dublin Airport national organisation. Authority and the other airports can ground air- When this Bill went through the Seanad, a craft where the airline has defaulted on landing number of my colleagues raised issues with the charges to any Irish airport authority. Not only former Minister of State at the Department of does this go beyond what is required of us in the Transport who said he would examine the convention, it goes well beyond powers given to matters before the Bill came to the Da´il or moved airports in any other country and can only act to on to Committee Stage. Fine Gael’s overall sup- the detriment of Irish business by making Ireland port for the Bill is predicated on the provision of a much less attractive venue for those financing, a number of changes as a result of the Minister servicing or providing parts to aircraft. for Transport’s consideration since it went As it stands, if this principle were to be through the Seanad. From what the Minister of enshrined further in Irish law, it would represent State said this morning, it seems that some of an inequitable legal burden on lessors and an those expressed concerns have not been inadequate responsibility on lessees and oper- addressed. I have not had time to examine his ators. Furthermore and probably more seriously, statement in detail. I am concerned about this this Bill would create circumstances wherein matter. Amendments will be pressed on Commit- there is no incentive for Eurocontrol to tee Stage. expeditiously collect moneys due to it as it will Section 4 of the Bill repeals section 67 of the always have recourse elsewhere to institutions, Irish Aviation Authority Act 1993. This pertains bodies and companies that are more reliable than to the detention of aircraft and extending this the defaulting operator against which it has a power to Eurocontrol. In repealing that section, genuine case. If a company that owes money and it is not clear whether the power to detain aircraft has defaulted becomes insolvent, as is quite is being removed altogether or this provision sim- likely, Eurocontrol can turn with the greatest of ply removes that power from Eurocontrol. If this ease to another corporation and pursue it in law is the case, the situation would not appear to be even though it had no role in incurring the debt. fair or even-handed and would be at variance This allows Eurocontrol to be inefficient in the with the thrust of the legislation. It would com- collection of its dues and it is in nobody’s interest pound an existing problem. As I understand it, that Eurocontrol should be given this additional the purpose of the legislation is merely to trans- avenue of debt collection that is not available to pose the convention into Irish law. Will the Mini- any other company in any sector. No one should ster reconsider the position on this matter and be able to ground aircraft to cover the debts of clarify it on Committee Stage? others. It seems the Minister is rejecting these Eurocontrol can and will be able to collect concerns and I ask him to reconsider. It would unpaid charges from those airlines that do not appear there is no need to give this additional discharge their debts by creating a lien on the air- debt collection power to Eurocontrol. It already craft belonging to them. Fine Gael and many in has a significant success rate in collecting unpaid the industry have a problem in that Eurocontrol fees and it is not clear why it needs further assist- can register those debts, not just against the ance in this regard. The most serious aspect is that it would put defaulting airline but third parties who are in no Ireland in a position where it would have gone way responsible for incurring the debts in the first further than any other country in providing Euro- place. This is where a third party is perhaps the control with powers to seize and to owner of an aircraft but not the operator, is the 12 o’clock dispose of assets. As a result, the owner of any part of the aircraft — it is quite legislation would undermine any common to have a separate owner for the engine claims by Ireland that it supports the aerospace — or has merely leased the aircraft to an airline. industry. Irish companies have fought hard to The defaulter is, in fact, the airline operator. In attract maintenance and repair business to the such a case, the owner of the aircraft, any part of country. Making Ireland a country where aircraft the aircraft or the lessor of the aircraft has no are more likely to be grounded and held as a lien role in incurring the charges in the first place. For against the debts of others would make it example, if A leases an aircraft to airline B and extremely difficult to attract business into this airline B fails to pay the charges due to Eurocon- country. Ireland would be an unpopular place to trol, the agency can seize the aircraft of A to allow a company’s aircraft to land and this is an satisfy the debt of B. Eurocontrol can pursue A, unnecessary liability to Irish companies and is 779 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 780

[Ms O. Mitchell.] nation of air traffic control in Europe, which we simply bad business for airlines as they would support. The Bill allows for Irish ratification, choose to avoid Irish airports wherever possible. thereby updating the functions of Eurocontrol to The former Minister of State promised he would achieve European air traffic management, revis- look at this issue when he steered the Bill through ing its institutional structure and allowing greater Committee Stage in Seanad E´ ireann and I ask the majority voting. We support these measures and current Minister to reconsider before the debate do not seek to slow passage of this Bill through on Committee Stage. the House. We note it will not take effect until I wish to avoid tabling amendments in order to all contracting parties have signed it. deal with this situation but I will have to do so if Issues have been raised about this legislation, the concerns raised are not satisfied. These discussed in the Seanad and referred to by amendments are minor in the context of bringing Deputy Olivia Mitchell. Opposition spokes- this convention into Irish law and we will sup- persons and the Minister have had represen- port this. tations from various interests in the industry. To The Minister in his speech said: date, the concerns raised in correspondence have been referred to but not addressed. The Bill amends the Irish Aviation Auth- Industries are concerned that the Bill does not ority Act 1993 and also makes provision for delete existing regulatory provisions that are not related matters. Specifically, the Bill reflects applied elsewhere and because of that Irish indus- changes in the management structure of Euro- try is at a competitive disadvantage. The control and provides for the making of regu- measures envisaged in the Bill have the potential lations requiring the Irish Aviation Authority to render Ireland less attractive as a place to to comply with any conditions laid down for bring aircraft. The maintenance and repair busi- the operation of a common European air traffic ness is highly competitive and we accept that flow management system at a common inter- Ireland is a relatively high cost base from which national centre. to deliver these services. The proposed legislation I presume this refers to the single sky policy and would compound the industry’s difficulties and the regulatory framework, which I support. I have draw business away from Ireland to other Euro- difficulties with granting further responsibilities pean jurisdictions who are less inclined to confer to the Irish Aviation Authority in view of con- extraordinary collection powers on Eurocontrol. cerns expressed recently, arising either from the Many different interests in the industry hold the recent reporting of a number of incidents or the view that the legislation, if enacted, will make it growth of low cost airlines. Although the inci- easier for Eurocontrol to take action against its dents were not recent they were recently reported customers, putting Ireland in the position of together. Some concern was expressed in the going further than any other country in providing industry and I believe the chairman of the Irish Eurocontrol with powers to seize and dispose of Airline Pilots Association was quoted in a recent aircraft. article as stating that safety in Irish aviation is The legislation would undermine Ireland’s being eroded. This is an extreme statement and I claim to support the aerospace industry. As Euro- have no way of knowing if he is correct. We must control is already highly successful in collecting examine what concerns this association has. If the unpaid fees the industry questions whether Irish Aviation Authority does not have the further assistance is needed from the State. The resources to deal with these problems, given the Labour Party believes genuine concerns are being growth in flights to, from and over Ireland, per- expressed as the ratification of the convention haps the Minister should liaise with those in the does not require measures envisaged in the Bill, industry who express these concerns. I make this as was acknowledged in the Seanad. It is difficult point in respect of the Minister’s point that the to understand why the Minister wants to go Bill “provides for the making of regulations further than other European countries. No requiring the Irish Aviation Authority to comply adequate explanation has been given for this. with any conditions”. If we are asking the auth- The Minister, the previous Minister and replies ority to comply with further conditions and to various parliamentary questions suggested undertake additional work, we must ensure it has negotiations would be held with those who the resources and technical expertise necessary to express concerns about the impact of this legis- deal with the challenges that lie ahead. I do not lation on the industry. While some communi- wish to criticise the Irish Aviation Authority, cation has taken place nothing has come of these which does a fantastic job. discussions. The Minister has not explained this. I support this legislation and will support its It is not solely leasing companies that have passage through the House. raised these issues. Airbus, Boeing, SR Technics, Royal Bank of Scotland and the Federation of Ms Shortall: The Labour Party welcomes and Aerospace Enterprises in Ireland raised concerns supports the thrust of this Bill concerning the with the Opposition and the Minister. They have ratification of the Eurocontrol convention and followed the debate closely since it began in the the most recent protocols. The recent protocols Seanad. The reasons for changing the law have are primarily concerned with increasing co-ordi- been outlined by the industry. The main problem 781 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 782 is that those supporting the changes have been An Ceann Comhairle: Is that agreed? Agreed. given no idea why the Irish Aviation Authority and the Dublin Airport Authority have argued Ms C. Murphy: There is no doubt about the against the removal or dilution of the existing need for a co-ordinated approach on this matter, powers. especially given the growth in aircraft movement In his opening comments, the Minister of State throughout Europe. In Ireland we can see the merely stated that having consulted both bodies, growth in aircraft numbers. The perception is that it was decided not to make any changes to the the Bill concerns large aircraft. The growth in the legislation. However, he did not explain the number of smaller aircraft is equally significant, thinking of the IAA or the DAA regarding the if not more so. Increasingly, people use helicop- matter and how the concerns expressed by the ters to move around while small aircraft are used industry, which seem to be genuine, can be for hobby purposes and to move between smaller allayed. There is no justification for failing to airfields and aerodromes. We must consider those address those issues. In summing up, the Minister issues when considering the Bill. of State might explain precisely what concerns When discussing aircraft safety, people con- the IAA and the DAA have regarding diluting sider legislation requirements from the point of the existing powers which are considered too view of passengers and those working on aircraft. draconian. However, another group of people, made up of No argument can be made that aircraft engines those who live under flight paths, is also keenly and equipment should be immune from seizure aware of the need for safety. It is equally and sale. For effective collection, an operator’s important when examining legislation that we aircraft should be liable to be detained and sold consider the issues from that perspective. In that where the operator has not paid his or her context, I will focus on the Irish Aviation charges. It seems to come down to who is being Authority. asked to bear the risk. The risk is seen to arise as I live quite close to a growing aerodrome, a result of the lax credit control by Eurocontrol Weston Aerodrome, and owing to some of the and Dublin Airport Authority. Both bodies have significant problems which have arisen I have powers to sue airlines which do not pay to become conscious of some shortcomings in the recover the debt with interest. regulations. Weston Aerodrome cohabits the air- It is also important to bear in mind that space with Casement Aerodrome and a flight regional airports, such as Kerry, Sligo, Knock and path from Dublin Airport also goes over it which Galway, operate without the benefit of the 1998 means there is a great deal of movement. Keep- Act statutory detention rights enjoyed by the ing planes apart in the air is even more difficult three DAA airports. If such statutory detention when one considers that much of the airspace rights are so beneficial to the three main State around it is unregulated. A person can literally airports business, it seems the legislation also get into his or her plane, set off from south potentially creates an unjustified and uneven Kildare and land at Weston without being playing field for competition between all Irish air- required to record the flight. They simply make ports. The point was made that Ireland would not arrangements to land at the aerodrome. be alone in making a declaration or reservation At least four Departments and two local auth- when ratifying the 1997 protocol. I understand orities are involved, as is the Irish Aviation Auth- Spain decided to ratify with reservations and had ority. I am concerned about the lack of co-ordi- no difficulties in doing so from a procedural view. nation between them. I am also concerned that Those in the industry, which has been success- the expanded role of the Irish Aviation Authority ful, point out they do not always operate from means that functions are merely tacked on rather the most competitive cost base. Extremely large than having a comprehensive organisation deal- numbers of people are employed in the industry ing with all aspects. The authority states its here. In fairness to them, they deserve a clear primary function is to keep planes apart in the air explanation from the Minister why they are as though what happens when they land and the expected to compete in an uneven environment planning required on where they land is a discon- where they operate under much stricter controls nected function. than their competitors. They should also be told The Chicago Convention tends to be used in the precise concerns of the Minister, the IAA and terms of safety standards and is the inter- the DAA in respect of removing those existing nationally recognised convention. Some countries tight controls. Eurocontrol is seeking a belt and have regulated upwards from that. For congested braces approach to credit control. The Bill goes areas, the UK regulates above what is required by much further than the other European states with the Chicago Convention. We must examine that which our industry competes. I ask the Minister when considering safety, particularly regarding for clarification. In the absence of clarification I smaller airfields and aerodromes. Public consul- reserve my right to table amendments on Com- tation does not take place if an airfield or aero- mittee Stage. drome seeks a change in its licence. In a current case, the Air Corps, the owner of Weston Aero- Ms C. Murphy: I wish to share time with drome and the Irish Aviation Authority are dis- Deputy Boyle. cussing a change in licence that would potentially 783 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 784

[Ms C. Murphy.] concluding, the Minister might use the oppor- mean a move from visual to instrument control. tunity to explain why there are varying figures Essentially that will mean a larger piece of air- with what seem to be phantom flights in and out strip will be used. If one uses a larger airstrip, of this country. one moves from a small, two-seater to six-seater The central aspect of this Bill concerns mem- aircraft up to a 50-seater one. That is significant bership of Eurocontrol by the European Com- yet the public is treated as a disinterested party munity. I am at a bit of a loss as to why this is and the local authorities are not even consulted. considered necessary because outside of Poland That is no way to regulate. If one looks at this and the three Baltic countries, all other members legislation in a pan-European context, one must of the European Union are members of this body also look at getting our house in order. A root in their own right. This issue needs explanation. and branch examination of the role and function Of the 34 countries, 22 are required to ratify this. of the Irish Aviation Authority and how it relates I missed the Second Stage contribution of the to the local authorities and Department is Minister of State at the Department of Communi- needed. cations, Marine and Natural Resources and I do not know whether he clarified this. However, if Mr. Boyle: I apologise for the absence of our 22 countries are required to ratify this protocol spokesperson on transport, Deputy Eamon Ryan, to the convention, is Ireland the twenty second who must attend the Select Committee on country? At what stage is ratification when this Communications, Marine and Natural Resources. House passes the Bill? I admit to being somewhat bemused when legis- That brings me back to my original point about lation is presented by the Department of Trans- the type of legislation presented to the House by port as a priority. Although the last revision of the Department of Transport, the background the convention was in 1997 and Ireland signed it, information and the seriousness attached to it. On nine years later we are being asked to ratify this the question of seriousness, this is a Department document. The question is, why now? of Transport Bill, Second Stage of which was The last aviation legislation before the House introduced by a Minister of State at another related to the Government underwriting liability Department and which is likely to be concluded in the event of dirty bombs. That legislation was by a Minister of State from yet another Depart- rushed through and all Stages were taken on one day. It seems that legislation has not been repli- ment. I seriously question whether the Govern- cated in other EU countries and that it has not ment is treating this legislation with any degree even been applied. One must ask why we were of seriousness. The Government seems to be say- presented with that legislation and whether we ing this is matter of fact legislation that happens should give this Bill equally serious consideration to be in the Department of Transport which given that type of track record by the Department seems to care little about whether or how legis- and the Minister concerned. lation goes through this House. That is a matter That said, there is little in this Bill to oppose. of concern for those on this side of the House. However, it offers the opportunity to debate This Second Stage debate also gives us an where we stand on air traffic control and the com- opportunity to discuss European air traffic con- mon responsibilities we have as regards our Euro- trol and recent incidents, particularly involving pean neighbours. While the organisation and the Ryanair, and runway mishaps which might be convention are centred around civil aviation, I indicative of the relentlessness of low cost air- would like to think this debate offers us an oppor- lines, the competition in that sector of the airline tunity to talk about other air traffic control issues industry and of the particular pressures on air which we, as a nation, seem to be blurring — that traffic control. This can only be tackled at a Euro- is, civil and military aviation — and how member- pean level. There has been silence from the ship of this organisation and this convention Government and from the Department of and the could be used to bring clarity to those grey areas Minister for Transport in expressing concern in the future. about the incidents. The Minister for Transport The increasing number of military aircraft should make statements about these incidents landing at Shannon Airport is a matter of great assuring people that proper measures will be concern to people and the seeming indifference taken in respect of air safety, as he seems to be of the Government to those landings, whether doing belatedly on road safety. involving troop movements or, more insidiously, The public has had confidence in air safety. the transportation of people for torture. That is The number of people injured or killed as a result something which should be subject to inter- of air travel is far less than for other modes of national agreement and for which the Govern- transport. When we see reportage of and an ment should be responsible. On those grounds, increase in such incidents, the Government has a questions on landings at Shannon Airport, as responsibility to comment on them, offer reassur- recorded by air traffic control and as reported by ance, state the legislation in place and what US aviation officials, would benefit from clarifica- enforcement mechanisms are being used. If there tion by a European body because we do not seem is a deficiency in any of those areas, it should to be getting the correct figures. Perhaps when move to fill in those gaps. The silence of the 785 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 786

Government on many of these issues indicates a computer capacity is readily available to make a degree of indifference on this matter. reality of the concept of the single European sky. I refer to statements made in the Seanad on Eurocontrol has made valiant efforts to prevent Tuesday night on the future of Cork Airport and delays from worsening further within the par- its new terminal which has much to do with air ameters of the current framework. traffic control and the number of passengers who The new revised Eurocontrol convention to will and will not be able to use that facility into which this Bill will give force of law is a major the future. The Minister of State at the Depart- step forward in the direction of an integrated air ment of Enterprise, Trade and Employment, traffic management system. This will also entail Deputy Killeen, said the expectation was that the the separation between air traffic management debt of the new terminal building in Cork Airport service providers and a European air traffic man- was to be met by the new company replacing agement regulatory authority, preferably Euro- what was Aer Rianta, the Dublin Airport Auth- control itself. It will be responsible for safety, ority, but that it would not now be met. At best, optimal air space use, economic efficiency and it seems at least half the debt will be met by the interoperability between system components. new Cork Airport Authority. If that is the case, The full participation of Eurocontrol’s widening the Government has engaged in a huge deceit of membership in central and eastern Europe in a people in the Cork region and it needs to single European sky is vital to the Continent’s explain itself. future, including successful EU enlargement. I find it particularly incredulous that the excuse Already, Europe has a tremendously complex used by the Minister of State was that in forming and busy airspace, including 560 airports, 450 this new company which is, in effect, the Dublin control sectors and 75 control centres. Europe’s Airport Authority and which has responsibility as airspace is one of the busiest in the world, with of now for Cork and Shannon, there is a fiduciary more than 9.2 million flights in 2005, which duty of care on the directors of that new company carried some—— that they cannot enter into an agreement to \ underwrite a loan of 180 million on behalf of Acting Chairman (Mr. McCormack): Does the Cork Airport. Deputy propose to share time with Deputy However, this was the very commitment given Crowe? by the Minister for Transport in this House to elected representatives of the Cork region on Mr. Connolly: Yes, I wish to share time with behalf of the people of Cork, regarding a specific Deputy Crowe. political promise that their expectations would be met. If there has been a slithering away from that Acting Chairman: A total of 11 minutes remain commitment and promise, it is of a piece with the in this slot. seriousness with which I have witnessed the Department and Minister of Transport deal with many transport issues and with aviation policy. Mr. Connolly: On most days, there are upwards As a representative for the Cork region, I of 30,000 flights with more than 3,000 aircraft in ashamed to state that it is of a piece with the man- the air over Europe at the same time. While that ner in which the entire area of regional aviation fact would once have given me some cause for policy, particularly regarding our other national concern, thankfully it no longer bothers me so airports, has been dealt with. much. In the coming years, this airspace will become Mr. Connolly: As far as the management and busier, as Europe’s air traffic has grown by 14% streamlining of Europe’s air traffic is concerned, in the past six years and by more than 4.5% the adoption of the Eurocontrol Convention by within the past 12 months alone. Hence, air traffic 34 states is a massive step forward. At a time of is growing rapidly and the forecasted growth for rapidly growing demand in air transport, the coming year is in the order of 3%, with peaks Europe’s scattered air traffic management frame- of growth in eastern Europe. It is estimated that work is in urgent need of a fundamental overhaul Croatia’s traffic will grow by 18%, that of and full Continent-wide integration. The current Slovakia by 17% and that of Poland by 16%. All critical situation of long and worsening air traffic of them are signatories to the Eurocontrol con- delays causes massive economic losses to all vention. Overall, air traffic growth in Europe in market participants. This is mainly due to the the next seven years is expected to be in the order insufficient co-ordination between air traffic con- of 3.7% annually. trol centres and insufficient route and air space structures across national boundaries. Mr. Crowe: This is as important a piece of This can no longer be accepted at a time when legislation to come before the House this year as passengers should be at the centre of air traffic any other. It will also be one of the most neg- concerns. It is also a time when Europe’s future lected, as the Government parties will concen- integration and growth critically depends on trate more on what they might view as the juicier efficient but safe air transport. Moreover, tech- vote buying Bills and announcements, which are nology, in the form of satellite navigation and sure to flood the Chamber in the coming months. 787 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 788

[Mr. Crowe.] noted the legislation includes aircraft in its defini- The Bill is important because it links future tion of a premises. Hence, this is a tool for the economic development on the island and the role Garda and for the Government’s officials to and influence of the European Commission, the inspect a small number of the hundreds of United decision-making powers of the Government and States flights which touch down in Shannon Air- the transparency within that Government, the port, without infringing on the rights of what the issue of public ownership of national resources Minister for Foreign Affairs tells us is a friendly and the role of the private sector in the economy. nation. The Bill also raises the subject of the impact of As for protocols, I note from the draft Bill the international military and defence policies in the presence of protocols inserted by the Belgian and Irish economy and in Irish politics. German Governments. In particular, the In respect of air transport strategy, Members Kingdom of Belgium has declared that what is are asked to support this Bill on the basis that behind the Bill “attaches particular import- Europe’s airspace is one of the busiest in the ance...to the airspace being organised in such a world and that we must ensure its future growth. way as to guarantee there will be no discrimi- In 2005, there were more than 9.2 million flights nation in the accessibility of its airports”. Is the and it is estimated that this figure will double by Minister responsible for this legislation not con- 2020. On busy days in Europe, more than 30,000 cerned that the Government should have flights take place. While the number of flights is included such a clause itself? an impressive marker of the growth of the Euro- As I have already stated, air travel, in terms of pean economy and the level of interconnect- passengers and freight, as well as access to inter- edness of its people, there are also strategic con- national airspace, is emerging as a key factor in cerns for the Irish economy which have not been the future economic development of this island. adequately addressed by this Bill. For an island Hence, we must ensure that every effort is made that depends on its ability to export and import to guarantee the best quality of infrastructure in efficiently and cheaply, this legislation is vital. international and European air travel manage- More than 35 billion tonnes of freight were ment. I wonder how much thought has actually carried through European airspace last year. The been given to this issue. I hope the Government proposed legislation frequently makes reference did not, as is often the case in EU and inter- to the efficient and safe running of airports in national negotiations, merely act as yes-men or member states which caused me to wonder about yes-women when it came to negotiating the Euro- the whereabouts of the strategic plans for Irish control convention. I refer to harmonisation of airports which were promised during the break- air traffic management and military implications. up of Aer Rianta. If an inclusive Europe is being built, harmonis- If one can come to any conclusion from con- ation of air traffic management is vital. sidering this Bill which promises a seamless air However, while I welcome a civil aviation air traffic management system for Europe, it is to traffic management strategy, I am concerned question whether a seamless air traffic transport about inserting references in domestic legislation strategy exists for the island of Ireland. The to meeting the requirements of all civil and answer must be a resounding “no”. Essentially, military users. The requirements of civil users are the Bill deals with the administration of Eurocon- plain enough as they want a safe, dependable air trol, the European organisation for the safety of traffic management system with a minimum of air navigation. It is a civil and military organis- delays. What are the requirements of military ation which currently has 35 member states. One users? They are not spelt out in the legislation. of Eurocontrol’s key concerns is the construction What are we being asked to support? The con- of sufficient capacity to enable future growth in vention also commits Ireland to participate in the European air travel. Again, this raises questions design, implementation and monitoring of a glo- of the situation in Ireland, where congestion in bal navigation satellite system. I take it this refers Dublin airport, combined with the underdevelop- to the Galileo project which is estimated to cost ment of other regional airports means that no \3.4 billion. The explanatory memorandum states matter what happens within European air man- there are no additional costs to the Exchequer. agement, we will still be left with a creaking air- How much is the Government contributing to this port network. project? Under whose budget will the costs be I refer to powers to enter premises. The Bill borne? offers interesting powers to ensure compliance The convention agrees to establish an indepen- with the Eurocontrol convention. Section 3 of the dent performance review system that will address Bill alludes to them, where the legislation all aspects of air traffic management, including empowers an authorised person to enter any policy and planning safety management on the premises of any aircraft operator and to inspect, ground in airports and in the air. This is take copies of any books, records and other docu- important as competition between airlines and ments, as well as copy or extract any data needed airports is creating intense pressure within the for any aircraft operator. The Bill also empowers industry. All passengers flying in Europe should the Garda to accompany any authorised officials be able to undertake a journey in the knowledge carrying out random inspections. It should be that the highest safety standards are in operation 789 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 790 no matter where they are flying to or who they than overcrowding generate negative coverage are flying with. and, for instance, one pilot had a reported break- The convention is short on specifics but long down last year as a result of stress. Complaints on commitments. Article 2(m) commits the have been made by one pilots’ representative Government to support the improvement of association that attempts to generate faster turn- efficiency and flexibility in the use of airspace arounds are creating a more dangerous envir- between civil and military users. Tens of thou- onment for everybody involved. These issues sands US military personnel travel through our need to be addressed by legislation that will airports and airspace. What does such efficiency cover everybody. and flexibility mean, given that until now, we I will be parochial and refer to Cork Airport. have seen only expediency and cover-up regard- If Ireland is to adhere to the requirements regard- ing the military use of domestic airspace? For ing controls, safety, services, engineering, main- example, is the Government aware that, at the tenance, security and so on, it is essential that end of this month, Dallas, Texas plays host to a funding is available for all airports. The capacity conference on communication navigation surveil- of Cork Airport is set to increase to 3 million lance air traffic management? This year’s theme passengers annually from 2.5 million in 2005, and is integrating military operations in a civilian it will reach 4.5 million in a decade. Interwoven CNSATM environment. Representatives of issues such as traffic volumes and passenger NATO and the US and other national air forces safety take on a hugely important meaning in that will attend. This is one example of the not so hid- context. Standards of aircraft, security services den aspects of the Bill we are being asked to and engineering staff must be supervised and support. maintained. Cork Airport has a fine reputation While the Bill is worthy of consideration, it and remains at the top of the competitiveness does not deal adequately with ensuring Irish chart in the air travel market, but to ensure that interests are being promoted and protected position is maintained, it does not need to labour efficiently and leaves many unanswered questions under a financial millstone. about its military applications. There will be a transitional period for the Shannon stopover during discussions on an open Mr. Dennehy: I welcome the opportunity to skies agreement between the EU and the US and contribute to the debate. The twin aims of the there are clear advantages for Dublin Airport in legislation are improved safety and seamless such an arrangement. It must be ensured, there- travel between European destinations. They are fore, that a progressive airport such as Cork the key outcomes projected by the Bill. These emerges from its period of reconstruction debt developments will be supported by the millions free so that it can compete with Dublin and of passengers using airports such as Dublin, Shannon airports immediately. A share of the Shannon and Cork regularly. I was glad that transatlantic market enjoyed equally by these air- Deputy Olivia Mitchell welcomed the Bill ports is not an unrealistic or selfish aim for Cork because it is important that we should all support Airport. As a member of the airport consultative necessary legislation on safety and related group, it is my ambition that this should happen matters. reasonably quickly. The legislation, by modernising air traffic con- The Governments would like the three airports trol, will greatly assist the 35 member states under to operate effectively and to be successful in their the remit of Eurocontrol, and the planned own right because this will lead to a more local- revision of its operations will only come into full ised or regional roll-out of economic benefits in force when the remaining nine of the 35 member tourism, trade and industrial development. states ratify it. That cannot happen quickly Autonomous boards such as that governing Cork enough because there has been foot dragging Airport are designed to give strong local leader- internationally on the question of safety. People ship which will enable the airports to equip them- are sceptical about handing over control to an selves with new strategies to maximise returns organisation that has a Europe-wide remit but it from the ever changing environment of air travel. is essential to have greater co-ordination of air- The State Airports Act 2004 offers new chal- space and more work is needed in this regard. lenges for Cork Airport to reorganise its activities The rapid and massive expansion of air travel and to maintain progress because it will lead to has led to a need for better control. It is frighten- increased choice for passengers, which in turn will ing for intending passengers to read about major present more opportunities for airport business air incidents involving aeroplanes flying too close and airline companies. The national development to each other or entering the wrong airspace and plan is based on a model that identifies various so on. One feels a little helpless because airspace cities and towns as gateways to regions or part- control is technical and almost beyond our com- icular zones, and Cork Airport is the gateway to prehension. When experts and pilots’ representa- the southern region. Its importance to the region tive associations highlight such incidents, it gives cannot be exaggerated. a fair warning to the air navigation authorities In the period prior to completion of the Cork and Transport Ministers to get their act together and Shannon airport authorities, it is imperative to enact the necessary legislation. Factors other that the group acting as Aer Rianta, namely, the 791 Air Navigation (Eurocontrol) Bill 9 February 2006. 2005: Second Stage 792

[Mr. Dennehy.] The current Government policy is aimed at Dublin Airport Authority, is not allowed to safeguarding the integrity of Irish airspace, which impose long-term financial conditions which includes utilising the airspace to maximum com- would effectively spancel the new Cork authority. mercial advantage in a safe and effective fashion. It must be borne in mind that these will be two I take Deputy Crowe’s point that we need to competing authorities within a very short period. maximise the benefits of it. As one of my broad- It is a worry to locals that conditions imposed caster friends, Mr. Tom MacSweeney of RTE, now could jeopardise the future of Cork Airport. said, “We are an island race”, therefore, we must It is worth noting that Cork has been voted the recognise the importance of aviation and utilise it best airport for the past four or five years in suc- for commercial and passenger use. cession and we must not allow that status to be Under the Bill, it is essential to put in place undermined. standards from which any company cannot devi- Arguments are taking place in other areas ate. Commercial requirements must not be about the future of Cork Airport vis-a`-vis Dublin, allowed to dictate the agenda, especially where Aer Rianta, the national plan for aviation and so safety is concerned. Other people referred to this on. However, we must look back a little bit when aspect. We are hearing from the professionals the first split up of the airports was mooted. The involved that safety could be compromised official line at the time is worth repeating, which, because of some new efforts to make more and I hope, is still the case. A letter from the private more money. secretary at the office of the Minister for Trans- The passage of the Bill will allow the Irish port reads as follows: Aviation Authority to prepare, with confidence, for the expected further growth in air traffic vol- It is envisaged that the two new independent umes. It will have an obvious impact on issues airport authorities for Shannon and Cork will such as safety, security, the environment and the both commence business free of debt and that entire air travel community. Air traffic is increas- the debts associated with these airports, includ- ing, and will continue to do so. As Deputy Crowe ing the debt associated with the major new said, it is important that the link between huge investment programme currently underway at commercial development and the public is main- Cork Airport, will remain with Dublin Airport. tained. There is huge commercial development, It also states: thank God, which I expect to continue. As a result, there will be greater use of air transport, The Minister is also giving detailed consider- for which we must budget and plan. Ireland has ation to the implications for Dublin Airport of a significant role to play in this co-operative absorbing the debt of Shannon and Cork as arrangement, whether in the area of extending currently envisaged. . . practices that would lead to better collective Aside from a debt-free start, which of course safety or the more mundane but important matter in itself will be a major boost for the new Cork of collecting control charges and taxes. While the enterprise, the funding of future developments new Act would not compromise our airspace or at each of the three airports will be a matter defence strategies, it would help establish a for commercial consideration by the new inde- framework for the so-called single European sky pendent airport authorities. policy as well as international co-operation in aviation matters. Less bureaucracy and more pan- I do not wish to get into another argument about European compliance would help to streamline this matter. I am concerned that for commercial traffic management and, ultimately, combat the and other reasons the people who have their hand dreaded delays to which we can all relate. This, in in the till at the moment, namely, the Dublin Air- turn, would help reduce the 350,000 flight hours port Authority, may be inclined to impose a wasted each year, the benefits of which will be situation that could distort the commercial future clear for all to see. We all have concerns in that for both airports. This should not happen area which we may not always understand. Mis- because, if there is a policy, it should be management, difficulties with air control, conflict- adhered to. ing objectives of airlines and airports and the It is obvious that the existing Irish Aviation competition between them comes into play in this Authority would have to alter some of its current regard. There needs to be a set of standards and practice to fit in with the changing nature of air guidelines. traffic management, including compliance with a The Bill will provide for greater access to new European air traffic flow management inspection. Deputy Crowe referred to seizing system. The new air traffic control building which papers and so on, but many people have been is currently being constructed on the western side concerned about the present situation in regard of the airfield in Cork will be equipped with the to inspections at Shannon. I am sure anything latest technology. This will enable it to comply that will improve this situation will be welcomed. with any regulation of air traffic management. I While I will not say people have been lacka- express my ignorance of the technical aspects of daisical, the energy has not been shown to deal this, but I am sure we can comply with any new speedily enough with the rapid increase in air requirements. travel. I am not talking about just Ireland, but 793 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 794

European-wide. People are competing for their Party, the Labour Party and the Technical Group, own space, and there is only so much airspace which shall be called upon in that order, shall not available. European airspace is said to be the bus- exceed 15 minutes in each case; the speech of iest in the world. There are particular patches each other Member called upon shall not exceed within this airspace that are extremely congested ten minutes in each case; Members may share and need to be monitored carefully. It will be too time; the Minister or Minister of State may be late to do so when an accident happens. Given called upon to make a speech in reply, which shall the capacity numbers on larger airplanes, if any- not exceed five minutes; the proceedings on the thing goes wrong, it will lead to a horrific Committee and Remaining Stages shall, if not situation. previously concluded, be brought to a conclusion A number of Deputies referred to civilian and at 3.30 p.m. today by one question which shall be military use of airplanes. I am sure this question put down from the Chair and which shall, in will be answered by the Minister in his closing regard to amendments, include only those set statement. The issue that appeared to grab most down or accepted by the Minister for Education attention up to now was the leasing of aircraft and Science. and the possible seizure and detention of them. The Minister of State, Deputy Gallagher, said Acting Chairman: Is that agreed? that it was not intended to deal with that issue in the Bill, even though all those concerned were Aengus O´ Snodaigh: No. I object to the change listened to. I am sure the Minister will also com- to the Order of Business. I was happy enough to ment on this aspect. go along with Second Stage being taken today. I am pleased to have had an opportunity to My objection is based on the imposition of a contribute to the Bill. I do not mind being par- guillotine that does not allow adequate time to ochial, because I am speaking about a national deal with the amendments before us. This is a airport which has been voted the best in the coun- substantial issue that must be dealt with. I under- try for years. It earned that title. The staff worked stand there is a rush but that does not take away hard, dealing with passengers in a humane and from the need for a proper debate of the matter. business-like manner and everyone made an effort. We cannot allow a situation to be created Mr. Stagg: All the other parties have agreed to artificially whereby this effort is spancelled. I look the changes proposed by the Minister. forward to fighting the case for Cork and my con- Question put: “That the proposal for dealing stituents. with No. 2, University College Galway (Amendment) Bill 2005 [Seanad], be agreed to.” Mr. Durkan: I am pleased to have an oppor- tunity to say a few words on this legislation. I Aengus O´ Snodaigh: Vo´ ta´il. hope the title of the Bill does not have any more connotations other than to improve the situation. An Ceann Comhairle: Will the Deputies claim- When I hear about eurocontrol I envisage ing a division please rise? bureaucratic centralised control, for which our modern society has become very famous. As Deputies Cowley, Gregory, Joe Higgins, Finian someone who believes in some kind of latitude, I McGrath, O´ Caola´in, O´ Snodaigh, Crowe and am always worried about this aspect. Ferris rose. I refer to an issue which I hope the legislation will address. This relates to how planes must An Ceann Comhairle: As fewer than ten remain on the tarmac at Dublin Airport for up Members have risen I declare the question to two hours awaiting a landing slot in another carried. In accordance with Standing Order 68 the European airport or verification of a flight plan. names of the Deputies dissenting will be recorded in the Journal of the Proceedings of the Da´il. Debate adjourned. Question declared carried. Business of Da´il. University College Galway (Amendment) Bill Minister for Education and Science (Ms 2005 [Seanad]: Second Stage. Hanafin): I wish to make a change to the Order of Business. It is proposed that, notwithstanding Minister for Education and Science (Ms anything in Standing Orders or the Hanafin): I move: “That the Bill be now read a 1 o’clock order of the Da´il of this day, Second Second Time.” and Subsequent Stages of No. 2, Uni- I am pleased to bring this Bill to the House, versity College Galway (Amendment) Bill 2005 Bille ta´bhachtach don chola´iste agus don Ghae- [Seanad] shall be taken now, and the following ilge. Athrı´onn an Bille seo Acht ata´ ann o´ 1929. arrangements shall apply. The proceedings on Ins an Acht sin, there was a requirement to Second Stage shall, if not previously concluded, appoint candidates competent in the Irish langu- be brought to a conclusion after two hours; the age to offices or positions in the university. The opening speech of a Minister or Minister of State Bill replaces this requirement with an obligation and of the main spokespersons of the Fine Gael to ensure that the strategic development plan of 795 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 796

[Ms Hanafin.] mitment to the provision of university education the university contains a provision for the deliv- through the Irish language. This ensures the lang- ery of education through the Irish language. The uage will retain its core role at the centre of president and the governing authority of the uni- NUlG’s educational mission while ensuring that versity are obliged under this provision to ensure NUIG is also free to realise its full potential in that this aim is implemented. contributing to national economic and social The existing legislative obligation on the uni- development. versity to give preference to candidates who have The commitment of the academic community, demonstrated competency in the Irish language president and governing authority of NUIG to has no modern relevance in either promoting the the Irish language remains as strong as ever. The Irish language or in supporting a modern univer- university is rightly proud of its historic organis- sity to build excellence in teaching and research ational commitment to the promotion of the lang- across the full range of academic disciplines. uage. That continuing commitment is reflected in As Deputies appreciate, the role of universities its current five year strategic plan up to 2008 and in the modern knowledge age has transformed is growing stronger as the university seeks to quite dramatically from the period in which the develop new structures and approaches to sup- existing legislation was prepared back in the late port the sustainable development of Irish 1920s. Our universities are now central to our medium teaching and research activities. The future social and economic progress. We require development of Acadamh na hOllscolaı´ochta each of our higher education institutions to Gaeilge, a centre where Irish will be the medium develop the capacity to meet our national inno- of instruction, and the activities of the University vation and skills needs in a dynamic global envir- education centres in the Gaeltacht A´ rus Uı´ Chad- onment. In doing this, our universities are hain in An Ceathru´ Rua, A´ ras Shorcha Nı´ Ghuai- required to compete nationally and inter- rim in Carna and lonad na hOllscoile in Gaoth nationally for access to research funding and Dobhair are evidence of this. strive for constant quality improvement as they The university is also strategically committed look to build internationally recognised strength to supporting teaching in Irish, to introducing in key areas of research and teaching. incentives for staff to produce quality academic The Government is supporting them in this. At material in the Irish language and to supporting a the end of 2005, we announced a \1.2 billion bilingual communication culture on campus. The investment in higher education over the next five legislation before the House will underpin these years. The aim is to support our institutions in strategic commitments. producing high quality skilled graduates at third This Bill is also brought forward against a level and cutting edge research and development wider background of legislative commitment to at fourth level. These will be the essential found- the Irish language. The Official Languages Act ations for Ireland’s continuing social and econ- provides a strong statutory framework for the omic progress in the 21st century. The money to delivery of services through the Irish language which I refer is in addition to the core funding across the public sector. The provisions of the Act also given each year which exceeds \1 billion. cover all third level institutions. This requires cor- Knowledge is international and intellectual respondence to be responded to in the language capital is highly mobile in nature. The quality of in which it was written, information to be pro- higher education in Ireland is now measured vided to the public in the Irish language as well against the highest standards across the world. In as the bilingual publication of certain key docu- competing internationally, it is counter-pro- ments. NUl Galway has a draft scheme in place ductive in the extreme to place limitations on the indicating its plans for the implementation of the ability of one our key institutions to attract the Act, complementing the programme of commit- best available international research or teaching ments set out in its strategic plan. talent. The Government will continue to support NUl It is in that context the requirements set down Galway and all of our other higher education by the 1929 Act are no longer relevant. They rep- institutions in fulfilling their responsibilities and resent an outdated and unfair impediment on commitments to the Irish language. In that con- NUl Galway in seeking to develop international text, my Department and the Department of standard excellence in research and teaching. If Community, Rural and Gaeltacht Affairs are NUl Galway is to develop to its full potential in committed to working together to progress the the 21st century knowledge era, it needs to be development of national policy on the develop- free to attract and appoint the best academics ment of third level education through lrish, build- and researchers. ing on the recommendations of a recent inter- The Bill presented today has been prepared in agency working group on this subject. close consultation with my colleague, the Minister NUl Galway will strongly welcome this legis- for Community, Rural and Gaeltacht Affairs. The lation. It reflects the unique historical commit- proposed amendment will replace the original ment of the College to the promotion of the lang- provision with a commitment that the university, uage while providing it with the necessary in its strategic development plan, will include in freedom to compete successfully in the national its statement of objectives and priorities a com- and international recruitment markets. It is an 797 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 798 important modernising Bill for NUI Galway. It ment for the promotion and preservation of the underlines the strong commitment of the college Irish language. to the promotion of our native language and It was clear from her address that, although the reflects the progressive position of the language provision of the 1929 Act was considered appro- in the wider legislative and public policy context. priate at that time, a reform of the legislation is Nı´ thogfainn an Bille seo o´ s comhair an Tı´ da´ necessary today. The Minister appreciates that, mba rud e´ gur cheap me´ nach mbeadh NUIG when regulations devised in a different time are chomh la´idir is a bhı´ ariamh ar son na Gaeilge seen no longer to work, we should change them. agus ar son an teanga a chur chun cinn san ollscoil It is correct that outdated policies should be agus sa tsochaı´ mo´ rthimpeall. O´ 1929 ar aghaidh, reformed. The amending legislation we are debat- nı´os luaithe, agus o´ shin, ta´ an-chuid oibre de´anta ing this afternoon removes from the National ag an gcola´iste. Creideann siad go la´idir sa Ghae- University of Ireland Galway, NUI Galway, the ilge, agus ta´ me´ fe´in, mar Aire, mo Roinn agus requirement to appoint persons competent to dis- an HEA la´n-sa´sta cabhair a thabhairt do´ ibh agus charge their duties through the medium of Irish. do na hinstitiu´ idı´ eile leanu´ int ar aghaidh le tacaı´- Instead, it will put a new onus on NUI Galway to ocht a thabhairt don Ghaeilge agus fe´achaint ensure that the provision of education through chuige go gcomhlı´onann siad a ndualgais da´r dte- the medium of Irish will be part and parcel of anga dhu´ chais agus na´isiu´ nta. every strategic plan devised for the college after Aithnı´maganamce´anna go bhfuil athruithe the passing of this Act. tar e´is teacht sna hinstitiu´ idı´ trı´u´ leibhe´il agus sa It also ensures that the governing body and the cho´ ras oideachais sa tı´r seo, o´ s rud e´ go bhfuili- president of the college shall use their positions mid nı´os idirna´isiu´ nta na´ mar a bhı´ ariamh. Ma´ to ensure that this plan is implemented. This is ta´imid chun bheith i measc na gcola´istı´ den scoth very welcome. In terms of support for Irish, it will ar domhan — sa che´ad trian de na cola´istı´ — be of more practical use to the language to form caithfimid daoine den scoth a mhealladh go dtı´ an part of each strategic plan for NUI Galway. This tı´r seo chun mu´ ineadh agus taighde a dhe´anamh. is not achieved under section 3 of the Act of 1929, Te´imid amach go dtı´ an tSı´n agus an Ind agus under which the responsibilities of the college beimid a´ ra´ leo go bhfuil an t-oideachas in E´ irinn with respect to the Irish language begin and end nı´os fearr no´ chomh maith le hoideachas ata´ ar with staff appointment. fa´il in aon a´it eile. I am somewhat perplexed by the Minister’s Ta´ bac ar Ollscoil na Gaillimhe faoi la´thair sa wholehearted approval for this legislative change, tslı´ nach fe´idir leis daoine den scoth — b’fhe´idir, which reforms an out-of-date regulation that no an duine is fearr — a mhealladh go dtı´ an cola´iste longer works, and introduces an element of o´ s rud e´ go bhfuil air an duine is fearr a bhfuil choice in hiring policy which the college has Gaeilge aige a fhostu´ .Nı´or mhaith liom go lacked since 1929. The Minister, in endorsing this mbeadh an bac sin ar chola´iste ar bith, ach go amending legislation, backs the right of the ha´irithe ar NUIG, ata´ ag iarraidh nı´os mo´ a college and its governing body to use their stra- dhe´anamh o´ thaobh taighde agus mu´ inte de. Ag tegic plans to support the Irish language in the an am ce´anna, a´fach, aithnı´m go bhfuil daoine most effective way possible, and to change their buartha faoin nGaeilge sa chola´iste agus go lagh- approach when change is needed. In short, she is do´ far an me´id a dhe´antar ar son na Gaeilge. endorsing the principle of choice and I welcome Nı´ tharlo´ idh se´ sin, mar ta´ me´ la´n-sa´sta o´ nme´id her conversion to that principle. ata´ ra´ite ag an uachtara´n agus an gcola´iste. Ta´ se´ When the leader of Fine Gael, Deputy Kenny, scrı´ofa acu sa phlean straite´ise ata´ leagtha amach recently advocated that the principle of choice ag an gcola´iste gur ceann de na prı´omhaidhme- should be introduced in respect of Irish at second anna ata´ acu na´ an Ghaeilge a fhorbairt agus a level for all students after the junior certificate, chur chun cinn sa chola´iste agus lasmuigh. Mar the Minister described the proposal as an oppor- sin, ta´ me´ sa´sta an leasu´ seo a tho´ gaint o´ s comhair tunistic attack which smacked of auction politics. an Tı´.Nı´ tho´ gfainn e´ muna mbeinn sa´sta go It is not good enough that the Minister for Edu- mbeidh siad in ann leanu´ int ar aghaidh le taighde cation and Science should show such disregard agus mu´ inteoireacht den scoth, mar a dhe´anadh for the educational welfare of our second level an cola´iste i gco´ naı´. Beidh siad in ann daoine a school children. This Minister has ignored the mhealladh o´ n taobh amuigh agus o´ n iarthar agus, trends that all available educational data repeat- ag an am ce´anna, a ndualgais a chomhlı´onadh ar edly show of school performance in Irish. Instead son na Gaeilge. Molaim an Bille don Teach. of acknowledging that there is a problem that can no longer be ignored when this matter was raised Ms Enright: I wish to share time with Deputy in November the Minister responded by McCormack. In her speech to the Seanad on 14 attempting to shoot the messenger. December 2005, the Minister for Education and The Minister for Education and Science, the Science, Deputy Hanafin, stated that it was her person responsible for the educational welfare of belief that the provision of the University College all children and young people in this State, should Galway Act 1929, which gives preference in staff deal with all of the facts. No alternative proposals appointments to persons with a competency in have been brought forward for the Irish language the Irish language, was no longer the best instru- at this level. We must acknowledge the facts. 799 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 800

[Ms Enright.] real actions that should be prioritised now in our Students leave school without a reasonable com- education system. mand of Irish even though they have received up I wholeheartedly welcome official status, but it to 1,500 hours of tuition in the language. The is of vital importance that we now see the intro- Irish language commissioner highlighted this in duction of real reforms that will result in more his recent inaugural report. Only three out of ten people using the language. In bringing forward leaving certificate students attempt the honours the University College Galway (Amendment) Irish paper. This is far below the figures for other Bill, the Minister has acknowledged that reform languages taught to this level. Almost five out of is needed. However, I would like to see the Mini- ten students taking French attempt the honours ster move to reform the language at second level paper and six out of ten students of German and too and introduce choice regarding Irish for all English take the higher level paper. Young students after they have completed the junior cer- people perform better at a language such as tificate examination. By contrast, in the Univer- French that they have studied for only five or six sity College Galway (Amendment) Bill 2005, the years than in Irish which they have studied for 13 Government is proposing a reasonable amend- or 14 years. ment to legislation dating from the 1920s, now Thousands of leaving certificate students do clearly out of date. The new Bill allows NUI not even bother to sit the Irish language examin- Galway to use its sense and experience to pro- ation although they have been learning the langu- mote education through Irish in the best way pos- age since they were young children. Despite the sible. The new Bill allows NUI Galway to alter heavy-handed approach to compulsory Irish sus- strategic plans over time, to respond to need and tained over decades there is such a lack of fluency demand, and to assess where strategies are work- in the language among employees in the public ing and, importantly, where they are not. sector that the Irish language commissioner has In short, the new Bill gives NUI Galway the expressed concern. Although more than 1.5 mil- autonomy and choice that it needs and that Irish lion Irish people describe themselves as Irish needs to develop organically through use and speaking only 72,000 adults use the language learning. From an educational perspective, that is daily. The use of Irish plummets when people vital. It is also of paramount importance that all leave school. Of the 339,541 who state they use universities, NUI Galway included, be able to the language daily 266,707 are between the ages recruit the best qualified personnel available in of three and 19, the key schoolgoing years during all spheres of education, from the arts and social which Irish is used every day in the classroom. sciences to science and technology. As our uni- Among 20 to 24 year olds, who are just out of versities compete on an international stage, not school, the figure for daily use of Irish plummets only for research and development moneys but to 9,111 people. For no age group thereafter does also for lecturing and research staff, NUI Galway it exceed 15,000. must be able to recruit from overseas those The use of Irish in the Gaeltacht is also of con- people who can contribute to the successes of the cern. Between the census of 1996 and that of college in teaching, research and academic life. 2002, the number of Irish-speakers living in Gael- Recruiting academic staff on the international tacht areas using Irish daily dropped from 58% stage is a fact of life, and the amending legislation to 54%. The number of Irish speakers living in allows NUI Galway to compete on a more equal Gaeltacht areas using the language less often than footing with other academic institutions in daily, weekly or not at all increased by 2% in that Ireland and, as is now paramount, overseas. time. In the Mayo Gaeltacht, of the 2,482 persons NUI Galway must be enabled to recruit the over the age of three using Irish daily, 1,275 are best people to work at the Galway city campus aged 19 or under — once again the key schoolgo- and its outreach centres. Like all universities, ing years. Comparing the 15 to 19 age bracket NUI Galway has a regional, national and inter- with the 20 to 24 one, daily use of Irish plummets national dimension to its work, and must be by 84%, from 352 to 57. I have compiled these allowed to fulfil its true potential in each respect. statistics from reports published by the Depart- This amending legislation has the support of the ment of Education and Science itself and the president of NUI Galway and the governing auth- Central Statistics Office. ority of the university. Concern has been It is time to open our eyes to the real situation expressed in some quarters about the precise in which Irish finds itself throughout the country. wording selected by the Minister in advancing the The trends that we see in comparing results from necessary legislative reform. I am of the opinion the census of 1996 with that of 2002, and in look- that, by allowing the college to include Irish as ing at leaving certificate results data for 1996, part of every successive strategic report, this 1998, 2000, 2002 and 2004, are deeply worrying amendment is beneficial to both the language and and point to a decline in language use that will the college, but I would welcome clarification prove fatal if left unchallenged. The response from the Minister on how the wording was from the Government hitherto has been to give devised. itself a congratulatory pat on the back with regard In her closing contribution to the Seanad in to achieving official language status for Irish in December, the Minister for Education and the European Union without acknowledging the Science stated that the University College 801 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 802

Galway (Amendment) Bill “represents a signifi- Minister will have no difficulty with it since it is cant step forward in modernising our education only to strengthen what the Minister is trying to system while demonstrating an ongoing commit- achieve in the Bill. ment to the development of education through I note that the Minister has stated that she Irish”. I welcome her statement and the principles worked in close consultation with an tAire Gno´ - that underpin this Bill, but I ask that she spread thaı´ Pobail, Tuaithe agus Gaeltachta, an Teachta them throughout the entire education sector. I O´ Cuı´v, in framing this Bill, which creates the congratulate everyone at NUI Galway on their principle of choice in hiring the necessary person- enormous achievements to date in creating a fine, nel. However, when ceannaire Fhine Gael, dynamic university with a diverse range of dis- Deputy Kenny, reasonably proposed that there ciplines, even with outdated legislation such as be a principle of choice in Irish at leaving certifi- they have had to deal with. I know that they will cate level, the Minister for Community, Rural continue to recognise the importance of our and Gaeltacht Affairs was not too happy and cas- national language and ensure through strategic tigated our leader for daring even to suggest that plans that it is no longer just another entry there be a principle of choice at that level. That requirement for staff but an integral part of life does not coincide with what the Minister for Edu- and learning at NUI Galway. cation and Science, Ms Hanafin, is doing now.

Mr. McCormack: Tacaı´onn Fine Gael leis an Ms Hanafin: One is third level and the other Bhille seo. Ta´ leasu´ amha´in curtha sı´os againn second. They are very different. chun sta´das na Gaeilge a neartu´ san ollscoil. Ta´ su´ il agam go nglacfaidh an tAire le leasu´ Fhine Mr. McCormack: The Minister castigated our Gael. leader in that regard, but it does not chime with I welcome the Bill. I know from the Minister’s the actions of the Minister for Education and contribution that it has been presented in close Science who now says that the Bill was prepared consultation with her colleague, the Minister for in close co-operation with her colleague, the same Community, Rural and Gaeltacht Affairs, Deputy Minister, Deputy O´ Cuı´v. O´ Cuı´v, Teachta eile as Gaillimh Thiar. I under- However, having said that, NUI Galway, for- stand that he was a reluctant traveller regarding merly University College Galway, has a proud the Bill, but if it is good enough for an tAire Gno´ - history. We in Galway are very proud of our thaı´ Pobail, Tuaithe agus Gaeltachta, it is good college’s achievements and the great work it does enough for me. From that perspective, we have in all educational fields and in promoting Irish. no difficulty in supporting the Bill. However, we have tabled an amendment that Mr. McGinley: If we did this, would it be we feel would strengthen the legislation. It would acceptable to them? add to the Bill’s aims by inserting additional text after page 3, line 18. We suggest that it would Mr. McCormack: That is what we do not know. complement and strengthen the Bill’s intent. From that perspective, we hope and presume that Ms Hanafin: We would accept it if NUI Galway the Minister will have no difficulty in accepting had requested it. it. Our amendment reads as follows. In page 3, line 18, after “language.” to insert Mr. McGinley: Sin ceist eile. the following: Mr. McCormack: What Deputy McGinley is “It shall be amongst the principal strategic saying is true. If this side of the House were in aims of the National University of Ireland, Government and presented such a Bill, I could Galway to provide leadership in the pro- imagine how much those on the Opposition ben- vision of University education through the ches would be jumping up and down, so to speak. medium of Irish, both in the provision of a wide range of academic courses through the Ms Hanafin: This came from NUIG, not the medium of Irish and in the creation of a Government. functional bilingual communication culture within the system and the management and Mr. McGinley: The Minister watered down the administrative practices of the University. first amendment. Accordingly, it shall be the duty of U´ dara´s na hOllscoile and the President of the Ms Hanafin: Would the Deputy like to take National University of Ireland, Galway to Committee Stage now? frame and to implement policies, regulations, rules, provisions and practices for the pur- Mr. McCormack: No. We will proceed the way pose of fulfilling the aforementioned stra- we are going and take the amendments when we tegic linguistic aim.”. have the opportunity of taking them. That amendment was tabled by Deputy McGinley, our spokesman on Gaeltacht affairs, Aengus O´ Snodaigh: The Deputy will not get a and me, a local representative. I presume the chance with 35 amendments. 803 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 804

Mr. McCormack: The Minister stated she is pleased the Minister has accepted one of our confident NUI Galway will strongly welcome this amendments by putting down a similar amend- legislation as it reflects the unique historical com- ment to ensure the university strategic develop- mitment of the college to the promotion of the ment plan should show a strong commitment to language by providing it with the necessary free- the use of Irish throughout the university. doms to successfully compete in national and I agree with some of Deputy Enright’s argu- international recruitment markets. She stated this ments that Irish needs to be a living language for Bill is important modernising legislation for NUI the country and that we as legislators must do our Galway which underlines the strong commitment utmost to strengthen the use of the Irish langu- of the college to the promotion of the language age. I share her concern about the decline in its and reflects the progressive position of language use in Gaeltacht areas. There is a need for a rad- in the wider legislative and public policy context. ical alteration of the curriculum and the methods These sentiments are reflected in our amend- of examination used in schools to allow for more ments so I presume the Minister will have no dif- emphasis on the spoken language. This could ficulty in accepting them just as we have no diffi- then be rewarded with reference to leaving cer- culty in accepting the principles of this Bill. tificate points because that drives the way in which any subject is studied and it holds true for Ms O’Sullivan: I wish to share time with all languages on the curriculum. There are Deputy Michael D. Higgins. broader issues relating to the Irish language Ar son Pha´irtı´ an Lucht Oibre, ta´ a´thas orm an which need to be debated and I welcome Fine Bille seo a phle´. Caithfear NUIG a mholadh, toisc Gael’s raising of that issue for debate even go mbı´onn an caighdea´n acadu´ il thar barr i though the Labour Party emphasis on some gco´ naı´. Chomh maith leis sin, ta´ an ollscoil a´balta aspects is somewhat different. This Bill is a small oideachas a chur ar fa´il trı´ mhea´n na Gaeilge, change for NUIG and I recommend we assist the agus ta´ NUIG in ann cultu´ rda´theangach a chur Minister in bringing the Bill through the House chun cinn i ngach gne´ den saol san ollscoil. Ta´ se´ as quickly as possible. fı´or, a´fach, go gcaithfear an reachtaı´ocht a athru´ I would like to see our amendments adopted ionas gur fe´idir leis an ollscoil dul ar aghaidh leis because they would strengthen the proposal. I na haidhmeanna ata´ aici sa la´ ata´ inniu´ ann. Mar have spoken with the president of the university sin, cuirimid fa´ilte roimh an Bhille, ach beimid and others in NUIG and I recommend the univer- ag lorg leasuithe a´irithe ionas gur fe´idir linn an sity be facilitated in this regard. gealltanas don teanga a shoile´iriu´ sa Bhille. The Labour Party welcomes the fact that the Mr. M. Higgins: Is mian liom cu´ pla focal a ra´ Bill is being taken and we do not wish to delay ar an reachtaı´ocht seo. Nı´le´inne i gcoinne an its passage in any way. I commend NUIG for its athraithe bhunu´ saigh ata´ ag tarlu´ sa reachtaı´ocht. excellence in the promotion and practice of the Is e´ an rud ata´ a´ dhe´anamh na´ aon seans a shea- Irish language. I might take issue in a small way chaint go gcuirfı´ i leith an chola´iste — no´ na with the Minister regarding her presentation of hollscoile, mar ata´ se´ faoi la´thair — go raibh se´ the argument even though I agree with what she ag baint mı´-u´ sa´id as an nGaeilge i leith ceapacha´n hopes to achieve. This is a practical response to a do phoist e´agsu´ la sa chola´iste fe´in. genuine problem that has arisen for NUIG in a I wish to declare an interest. I have an honor- world that has changed radically since the estab- ary adjunct professorship at University College lishment of the university and since the original Galway that is non-remunerated and I taught on Bill was passed. The Minister’s presentation was the staff of the university from the end of the somewhat utilitarian in terms of the work of a 1960s. It would be acknowledged that the stan- university, the relevance of the Irish language and dard of scholarship, be it in the humanities or in the bilingual nature of NUIG. I cite my colleague, the sciences, was never lessened by the fact that Deputy Higgins, to demonstrate that it is not dif- people were able to practice their scholarship and ficult to have a fine academic ability and also to teach through the medium of Irish. This is true be fluent in the Irish language. I would not over- whether one is talking about history, physics, estimate the difficulty this issue has caused. maths physics or the biological sciences. I wel- However, I acknowledge there have been legal come the removal of any suggestion that misuse and practical difficulties in recruiting appropriate would be made of the Irish language requirement, people for the university in a changing global for example, that one would have to find candi- environment. dates unsuitable in order to be able to appoint a The Labour Party’s amendments propose to candidate to a post — a candidate who might, for strengthen the wording of the Bill because it example, have been the first choice in a particular could be open to differing interpretation. I agree applied subject. with earlier speakers that the president and the In listening to the Minister I agree with my col- governing body of the university are very com- league, Deputy O’Sullivan, when she refers to mitted to the role of the Irish language in the this utilitarian emphasis which is current. I value college. The proposed wording could be inter- university teaching and I regret what is happening preted in a less forceful way than it is being inter- in so many of our universities, in the destruction preted by the current NUIG administration. I am of an ethos of scholarly reflection, the destruction 805 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 806 of the capacity for maturation among students, and have heard it said that universities must com- the needless stress, the packaging of information pete with each other. There is world class scholar- and the substitution of information pushing ship in old Irish and Hiberno-Latin, and in the within what is called a knowledge economy as a history of scholarship people have combined substitute for the requirements of the creative physics and mathematics in various computations. society. The creative society and scholarship and People who organise international gatherings of the university ethos make possible the myriad scholars on such topics are asked to make them forms of the knowledge economy. If the univer- more glamorous. I know that for a fact. sities and the creative capacity of society is In discussing world scholarship, however, we reduced to the requirements of the knowledge are not talking about organising celebrity events. economy at one moment in time, one is creating It distressed me very much to hear that the obsolescence and a stultifying kind of intelligence Science Foundation Ireland did not view favour- that is the substitute for either knowledge or ably scholarship of the kind to which I have wisdom. referred. I am not imputing these views to the Maidir leis an reachtaı´ocht fe´in agus an rud ata´ Minister but it is important for us, when dis- ag tarlu´ ,ta´ daoine ar aon intinn faoin leasu´ bunu´ - cussing universities, to retain their ethos. We are sach, is e´ sin, na coinnı´ollacha a bhaineann le cea- getting to the point, however, where if one adver- pacha´in do phoist a athru´ .Ta´ difrı´ochtaı´ ann, tises internationally to offer a university edu- agus ta´ siad ag tarlu´ toisc gur fe´idir dha´ le´amh a cation without cramming, stress, pressure or the dhe´anamh ar an Alt ata´ a´ chur in a´it an chinn ata´ artificial construction of subjects, one would be a´ bhaint de. Mar shampla, nuair a bhı´ cruinniu´ de inundated with applications from all over the choiste rialaithe na hollscoile cu´ pla bliain o´ shin, world. There are such things as university teach- bhı´ dre´acht acu, agus ar an gce´ad dul sı´os leag ing, the maturation of students and the combi- siad be´im air go mbeadh cu´ rsaı´ leathana ar fa´il nation of colleagues. Professors who are leading agus re´im chumarsa´ide ann ina mbeadh daoine in research projects need to have the capacity to ann a ngno´ a dhe´anamh ar bhunu´ sda´theangach construct teams around them without this neo- ar a laghad. An rud ata´ ta´bhachtach ag an bpointe utilitarian vulgarity and Philistinism, which is seo na´,arangce´ad dul sı´os, nach mbeadh se´ mar wrecking the Irish university system. ghna´thaidhm ag an ollscoil ach mar phrı´om- As regards the Bill, I look forward, as do my haidhm aici go gcuirfı´ an Ghaeilge chun cinn. colleagues, to the removal of any suggestion that Ghlac an tAire leis sin. An darna ceann na´ go the university would be abusing the filter of the mbeadh se´ intuigthe go mbeadh cu´ rsaı´ ar fa´il in Irish language. Let us remember, however, that a´bhair e´agsu´ laire´im a bheadh cuı´osach leathan. in the history of University College Galway, there An trı´u´ ceann na´ go bhfuil difrı´ocht eadrainn were times when the university was nearly wound maidir le ta´bhacht an Achta teanga. Ma´ ta´thar ag up. It kept going on the basis that it used its com- iarraidh go mbeadh an Ghaeilge ann ar bhunu´ s mitment to the Irish language to secure funding da´theangach, caithfear daoine a spreagadh e´ sin and a continued existence. a bhaint amach. Nı´ bheadh sı´ ann da´ mbeadh sı´ a´ It would be ridiculous if people tried to suggest bru´ ar dhaoine ar chor ar bith. Nı´ fe´idir bheith ag that we are divided on the issue of a commitment brath ar an Acht teanga, toisc go bhfuil an tAcht to the Irish language. The issue in the amendment lag sa mhe´id seo. Ta´ siadsan ag caint ar sce´ime- is to make it dearfach and strong so that there is anna a chur ar aghaidh, ach ta´ se´ scrı´ofa sı´os i no possibility of ambiguity, and that we are mak- gclo´ san Acht ce´anna gur feidir le hinstitiu´ id ar ing a genuine commitment. Is fe´idir linn glacadh bith an oibleaga´id ata´ uirthi a athru´ . It is not cop- le cuid de na leasuithe lena chinntiu´ sin. Bheimis per-fastened in the Official Languages Act ar aon intinn faoin reachtaı´ocht seo. because the institution may seek to have itself removed from the obligation to promote the Mr. McHugh: I wish to share time with Irish language. Deputies Gogarty and O´ Snodaigh. None of us wants the Irish language to be abused in such a way as to create a fictional An Leas-Cheann Comhairle: Is that agreed? situation in which one would not be able to hire Agreed. the best candidate. However, I see nothing wrong with those who have international scholarship Mr. McHugh: Fa´iltı´m roimh an Bhille seo. The using the Irish language. It is a reasonable expec- legislation amends the University College Galway tation that courses would be available through Act 1929. The amending legislation will have the Irish across a wide spectrum of subjects. It is not effect of removing the requirement to appoint unreasonable to create an ethos of encourage- candidates competent in the Irish language to ment for a bilingual culture of communication. I positions in the university. It replaces that cannot see why there would be a difficulty about requirement with an obligation to ensure that the any of these issues. university’s development plan contains a pro- For nearly 30 years I taught, in one capacity or vision for the delivery of education through the another, at what was UCG and is now the Irish language. National University of Ireland, Galway. I have Perhaps it was appropriate, in 1929, for a uni- seen what is being allocated for the universities versity located in the historic city of Galway 807 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 808

[Mr. McHugh.] Mr. Gogarty: Ar son an Chomhaontais Ghlais, which was at that time surrounded by a fluent fa´iltı´m roimh an Bhille seo. The Green Party Irish-speaking population, that a provision be adheres to the principle of the Bill. I have met incorporated into the legislation as follows: the college authorities and I support the Bill wholeheartedly. I have tabled an amendment It should be the duty of the senate of the which I believe will strengthen the Irish ethos of National University of Ireland, the governing the legislation. If this proves to be unacceptable body of the college, or the president of the to the Minister, however, I will be happy to pro- college, when making an appointment to any ceed on the basis that it is important to get the office or situation in the college, to appoint to legislation through as quickly as possible. such office or situation a person who is com- petent to discharge the duties thereof through The Minister and other speakers noted the the medium of the Irish language, provided a need in a modern society to remove the barrier person so competent and also suitable in all that existed, the built-in requirement to appoint other respects is to be found amongst the per- candidates competent in the Irish language. That sons who are candidates or otherwise available is welcome if one is trying to build a top-class for appointment. international university in a globalised economy. I hope the measures in this Bill and the commit- Attempts have been made by Fine Gael to link, ment shown by the management of the college in some way, the amendment of that section with will continue the Irish ethos one way or another. the new Irish language policy of that party. There Fine Gael has put forward its big idea on Irish, is no connection whatsoever. When recruiting which is to make it less compulsory. While I was staff it is appropriate that no restrictions or bar- listening to Deputy Enright, I noted this is being riers are placed in the way of recruiting the best pushed by the language reform movement, which person for the particular job. NUI Galway has is very critical of anything Irish and sees it as tota- been very successful in attracting research fund- litarian nationalism. The movement believes that ing in the areas of science and technology. We any retention of the Irish language or even Irish have highly qualified researchers in Ireland but studies being taught in schools is not acceptable. periodically it may be desirable or appropriate to I wonder if Fine Gael is going down that road attract research personnel from abroad. In this and if it supports the aims and ambitions of the respect, it would fetter NUIG if it were to be con- language reform movement in this regard. strained by the provisions of the 1929 Act and thereby prevented from recruiting what would be Mr. Kenny: That is complete rubbish. deemed to be the most suitable person at a part- icular time. Mr. Gogarty: Fair enough. Deputy Kenny may As I am from a household which has two like to clarify that later. NUIG graduates, I am aware of its record of com- mitment to the Irish language. The university’s Mr. Kenny: I am clarifying it now. track record, programmes and plans convince me that if this amending legislation is passed it will Mr. Gogarty: I agree with the point made by in no way dilute NUIG’s commitment to the Deputy Enright. If one does 11 years of compul- Irish language. sory Irish, one is in generally left with the cu´ pla NUIG has demonstrated its commitment to the focal. Some 38% of people say they can speak Gaeltacht and the Irish language in a practical Irish, but figures show that only 3% speak it daily way by servicing the existing university education or 5% weekly. This indicates an endemic problem centres in An Cheathru´ Rua, Carna and Gwee- with the teaching of Irish in schools. The Green dore. If at any time the commitment of NUIG to Party does not support any moves to take away the Irish language weans, the Official Languages the compulsory element of Irish and believes it is Act will spur it on to live up to its responsibilities. an intrinsic part of our culture and national ident- If I had any doubt about NUIG’s commitment to ity. It is important, particularly as we become a the Irish language, I would not support the Bill. more multicultural society, to know where we I have no doubt about it, however, because the came from and what we are. university’s record speaks for itself. On Commit- However, it is one thing to publish this Bill to tee Stage we will discuss various amendments recognise the international context and still try to that have been tabled, some of which are desir- preserve Irish at third and fourth level, but when able. We will leave discussion of those to the the majority of people who speak Irish daily hap- appropriate time, however. pen to be primary schoolchildren, the majority of I wish to place on the record my admiration for adults who speak Irish daily are civil servants and the excellent work done by NUIG in all dis- teachers and only a third of people in Gaeltacht ciplines. The quality of the graduates produced areas speak Irish daily, there is a problem. We by the university are second to none. The college need a serious root and branch review of how president, Iogna´id O´ Muircheartaigh, who visited Irish is taught and why a love of Irish is not us today, and the governing authority deserve engendered by the time people reach second our thanks. level. 809 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 810

At the end of the leaving certificate, my French agus arı´st um thra´thno´ na i leith na leasuithe ar was of exactly the same standard as my Irish. I an Bhille um Chomhairle Mu´ inteoireachta. Ma´ ta´ got a B in both honours examinations but while I deifir orainn no´ ma´ dhe´anaimid iarracht brostu´ i can understand every word the Minister says in leith reachtaı´ochta, de´anfaimid botu´ in. Measaim Irish, I cannot come up with the parliamentary go mbeimid ag teacht ar ais chuige seo toisc go terms. That is after 11 years of being taught Irish bhfuil easnaimh ann, agus measann a la´n daoine in the system, and everyone else has the same dif- go bhfuil an leasu´ ata´ os a´r gcomhair ro´ -lag agus ficulty. If a person’s French, German or Spanish nach bhfuil na fiacla aige a theastaı´onn uaidh. Ba is better after half the time spent, we must look cho´ ir go mbeadh se´ i bhfad nı´ ba dhearfaı´, agus at what we are doing in our primary schools to ba cho´ ir cur leis an me´id ata´ sa Bhille cheana fe´in foster a love of Irish and ensure people are in a seachas aisghairm iomla´n ar an chuid sin den position to build on the language. reachtaı´ocht. At some stage, the combination of the written Ba e´ cosaint agus cur chun cinn a bhı´ i gceist and oral is lost to students. That may happen nuair a cuireadh an tAcht le che´ile ar dtu´ s, agus when students leave primary school and are sud- ba e´ Earna´n de Blaghd o´ Chumann na nGaedhael denly confronted with a different way of teaching a dhein e´. Anois, is oth liom go bhfuil an pa´irtı´ a Irish or when they get to second year and start shı´olraigh uaidh ag fa´il re´idh leis an chosaint sin questioning the value of the language. One way a rinneadh ag an am. Thuig se´ gur ga´ tacaı´ocht a or another, whether it involves the value of Irish, bheith ann, crann taca le de´anamh cinnte go the love of it or the mechanisms of teaching it, a bhfuil ce´im in airde ag Gaeilgeoirı´,mu´ inteoirı´, problem exists. I ask the Minister, in consultation ollaimh agus ag gach uile leibhe´al, ionas go with the National Council for Curriculum and mbeadh ollscoil e´igin ar an oilea´n seo ag tabhairt Assessment, to come up with something new in tu´ sa´ite don Ghaeilge. Nı´lse´ sin ann. Nı´l ollscoil terms of how Irish is taught. It should be compul- le Gaeilge ann, ach ta´ Cola´iste na hOllscoile i sory. It is part of what we are, and I do not mean nGaillimh ann. Is e´ an teideal ceart ata´ uirthi na´ that as a cliche´. If we want people moving on to Ollscoil na hE´ ireann, Gaillimh. Is oth liom nach third level who are proficient in the language, bhfuil an teideal sin ar an Bhille. that recognition would do much more to foster Agus muid ag de´ilea´il le leasuithe, chuireamar the language in a long-term manner than any pro- trı´ leasu´ sı´os in iarracht dı´riu´ isteach ar na tective, continuing amendments in this Bill. My colleagues and I support this Bill, but something ceisteanna a bhfuil me´ tar e´is a ardu´ . Fuair me´ needs to be done at the basic level. freagra i dtaca le roinnt acu o´ n Cheann Comhairle: “I regret to inform you that Aengus O´ Snodaigh: Is trua go bhfuil deifir amendments Nos. 6, 7 and 8 tabled by you for orainn leis an Bhille seo mar ta´ ala´n ann, in Committee Stage of the Bill must be ruled out of anneoin nach bhfuil ach dha´ leathanach i gceist. order as they are outside the scope of the Bill.” Taobh thiar de, ta´ ceist mho´ r na Gaeilge agus an Ta´imid ag de´ilea´il le hollscolaı´ocht agus dualgais tslı´ a bhfuil an Sta´t ag caitheamh le´io´ bunaı´odh mar gheall ar an Ghaeilge o´ thaobh cola´iste e´.Ta´ an ceart ag an chola´iste agus ag an Aire amha´in de. Bhı´ na trı´ leasu´ sin dı´rithe ar dhe´ilea´il gur cho´ ir leasu´ a dhe´anamh ar an bhunAcht. Sa leis na cola´istı´ eile ata´ faoi sca´th Ollscoil na ´ bhunAcht sin, ta´ ala´n rudaı´ eile ar cho´ ir du´ inn hEireann agus ligint don Aire rud difriu´ il ina dı´riu´ isteach orthu, a´fach. Nı´l muid ach ag iomla´ine a thabhairt isteach ar an Bhille. Ta´ se´ de´anamh mionathraithe ar an Acht. Nı´ Acht sin athraithe. ro´ fhada e´;nı´l ach dha´ leathanach i gceist anseo Is e´ an cheist mho´ rna´ ca´ bhfuil an ollscoil ach oiread. Ba cho´ ir go mbeimis ag to´ ga´il an ama Ghaeilge. Ca´ bhfuil an plean chun ı´ a chur i re´im? ata´ againn sa Teach seo le de´ilea´il leis an cheist Is e´ an me´id a bheadh i gceist na´ ollscolaı´ocht ina seo i gceart, nach ceist Ollscoil na Gaillimhe ı´ go iomla´ine trı´ mhea´n na Gaeilge. Nı´lse´ sin ag an dı´reach. Ba cheart du´ inn dı´riu´ isteach ar cheist Rialtas. Ce´nfa´th? na n-ollscoileanna ar fad seachas athru´ amha´in a dhe´anamh anseo agus leanu´ int ar aghaidh leis an Ms Hanafin: Nı´ ga´. dualgas breise a bhı´odh ar Chola´iste na hOllscoile i nGaillimh i gco´ naı´.Bacho´ ir du´ inn an dualgas Aengus O´ Snodaigh: Is ga´, ionas go mbeadh sin a thabhairt do na hollscoileanna ar fad. gach uile a´bhar ar fa´il trı´ mhea´n na Gaeilge ina Ta´ ro´ lmo´ r agus obair iontach de´anta ag iomla´ine. Ma´ amharcann an tAire ar an sce´im ata´ Cola´iste na hOllscoile thar na blianta. Bhı´ curtha os a comhair ag an ollscoil, feicfidh sı´ nach m’athair agus m’aintı´n ar an chola´iste sin agus bhfuil se´ i gceist go mbeadh gach uile a´bhar ar nuair a d’fhreastail siad ar an ollscoil, dhein siad fa´il i nGaeilge, fiu´ in Ollscoil na hE´ ireann i a gcu´ rsaı´ uilig trı´ mhea´n na Gaeilge. Nı´ raibh an nGaillimh. Ta´ aidhm ann, agus bı´onn daoine de deis sin ag na mic le´inn sna hollscoileanna anseo i shı´or ag lorg go mbeadh ollscoil ann a bheadh mBaile A´ tha Cliath. D’fhreastail me´ fe´in ar UCD Gaelach ina iomla´ine, le luachanna Gaelacha agus bhı´ cead agam an scru´ du´ a dhe´anamh as agus gach uile rud a the´ann leis sin. Bheadh Gaeilge, ach nı´ raibh na cu´ rsaı´ ar fa´il i nGaeilge. costais ann, ach bı´onn costais ann i gco´ naı´ ma´ Is botu´ ne´ go bhfuilimid ag deifriu´ mar nı´ ga´ ta´thar ag iarraidh athre´imiu´ a dhe´anamh ar an ach fe´achaint ar an phra´ca´s a bhı´ ann ar maidin teanga no´ ı´ a chur chun cinn. 811 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 812

´ [Aengus O Snodaigh.] chuir rompu agus le hoideachas ceart agus maith I dtaobh an Bhille seo, ta´ daoine ag fe´achaint a chuir ar fa´il do´ ibh. Ta´ oideachas iontach bainte air agus ta´ siad buartha nach leanfaidh na cosaintı´ amach ag na hiar-scola´irı´ agus na hiar-che´imithe reachtu´ la a bhı´ ag an Ghaeilge o´ thaobh an ata´ ag de´anamh rudaı´ i go leor re´imsı´ de shaol Gharda Sı´ocha´na agus a la´n eile — anois o´ poiblı´ na tı´re seo. Ta´ na hiar-che´imithe sin le fa´il thaobh earcaı´ocht postanna in Ollscoil na ar fud na tı´re i gcursaı´ dlı´, oideachais, Gaillimhe — agus go bhfuil an Rialtas ag fail innealto´ ireachta agus scrı´bhneoireachta. Ta´ a re´idh leis na cosaintı´ sin, diaidh ar ndiaidh. maitheas ag dul don tseirbhı´s a chuir an chola´iste Measaim, seachas a bheith ag fa´il re´idh leis na sin ar fa´il. cosaintı´, gur cheart du´ inn a bheith ag cur leo agus Nı´ shı´lim gur cho´ ir du´ inn dearmad a dhe´anamh ag tabhairt breis e´ifeacht do Acht na ar bhunaitheoirı´ an Sta´it seo, ar a nde´antar dTeangacha Oifigiu´ la. dearmad go minic. Ta´ daoine sa Teach seo a Nı´ me´ amha´in ata´ i gcoinne na slı´ ata´ an Rialtas cheapann go mbaineann an Ghaeilge leo fe´in ag de´ilea´il leis an cheist seo. Ta´ liosta mo´ r fada amha´in, ach nı´ fı´or e´ sin. Luaigh an Teachta O´ de dhaoine ata´ a n-ainmneacha curtha leis na Snodaigh laoch, i mo thuaraim, a rinne sa´r-obair leasuithe a bheidh os a´r gcomhair. Ta´ na Teachtaı´ ar son athbheochan na Gaeilge sa tı´r seo, Earna´n eile tar e´is e´ sin a luadh. Ta´ su´ il agam go mbeidh de Blaghd. Ta´ a chuimhne a´ ndearmad go mo´ r an tAire sa´sta tacu´ leis na leasuithe ata´ agam fe´in againn. Ba cho´ ir du´ inn cuimhneamh chomh maith no´ fiu´ leis na leasuithe ata´ ag Teachtaı´ Fhine ar a chomhleacaı´, Ristea´rd Ua Maolchatha. Ba Gael. Ma´ ta´imid chun de´ilea´il leis seo, ta´ se´ iad seo na ndaoine a bhı´ ag iarraidh, le tacaı´ocht ta´bhachtach go mbeadh breis foirfe agus chosaint iomla´n an che´ad Rialtas, tı´r a tho´ ga´il agus ar an Ghaeilge agus go mbeimid nı´os dearfach institiu´ idı´ cosu´ il leis an Garda Sı´ocha´na, an Airm maidir leis an dualgas a bheidh ar u´ dara´san agus an Sta´tseirbhı´s a chur ar bun. Ba e´ an chola´iste amach anseo. Ta´ u´ dara´s an-mhaith sa dearcadh a bhı´ acu na´ ba cho´ ir go mbeadh chola´iste faoi la´thair agus ta´ bainistı´ocht an- oideachas Gaelach mar chroı´la´rdecho´ ras mhaith ann o´ thaobh na Gaeilge de, ach cad a oideachais na tı´re seo ar gach leibhe´al—arna bheidh ann i gceann deich mbliana, 20 bliain no´ leibhe´al bunoideachais, mea´noideachais agus na 30 bliain? Caithfimid a bheith cinnte go hollscoile. Ar an leibhe´al bunoideachais, bhı´ ar bhfuilimid ag fe´achaint ar an todhchaı´ seachas na mu´ inteoirı´ a bhı´ ann ag an am nach raibh an dı´reach ar fhadhb bheag ata´ ann faoi la´thair. Ghaeilge acu dul go dtı´ na Gaeltachtaı´ agus cursaı´ Measaim gur fadhb beag ata´ ann, ma´ creidimid a dhe´anamh, mar a ta´imid ag moladh inniu. an me´id a bhı´ i Foinse le de´anaı´ maidir leis. Rinne Earna´n de Blaghd agus na daoine eile Du´ radh nach bhfuil e´ifeacht ar bith ag an rud an-re´abhlo´ ideach ar fad sa dara leibhe´al. reachtaı´ocht ata´ ann o´ 1929 ar an chuid is mo´ de Rinne siad cinnte gur cho´ ir do daoine o´ ga na tı´re earcaı´ocht no´ glacadh le hollamh no´ le´achto´ irı´ ar seo oideachas trı´ Ghaeilge a fha´il. Ta´ me´ ag a leithe´ad. Measaim go ndu´ irt 90% do´ ibh nach de´anamh tagairt go speisialta ar na se´ cola´istı´ gcuireann an reachtaı´ocht ata´ ann faoi la´thair ullmhu´ cha´in a cuireadh ar bun. Bhı´ cola´iste do isteach no´ amach ar an earcaı´ocht sin. chailı´nı´ ar an bhFa´l Carrach i mo Dha´ilcheantair fhe´in. Bhı´ cola´iste eile i dTuar Mhic E´ adaigh i Mr. McGinley: Ta´ lu´ cha´ir orm an deis a bheith nDa´ilcheantair mo cheannaire i Maigh Eo. agam cu´ pla focal a ra´ faoin mBille seo. B’fhe´idir Cola´iste geimhridh ab ea Cola´iste I´de sa go mbeidh ta´bhacht mho´ r ag an mBille ar Daingean, as a tha´inig uachtara´in na Gaillimhe thodhchaı´ na Gaeilge agus ar chu´ rsaı´ sna blianta ata thart. Bhı´ pe´ire dos na cola´istı´ sin ollscolaı´ochta Ghaeilge sa tı´r seo sna blianta do bhuachaillı´ — Cola´iste E´ anna i nGaillimh agus amach romhainn. Sı´lim, o´ tharla go bhfuil an Bille cola´iste eile i gCorcaigh. ag baint le Cola´iste na hOllscoile i nGaillimh, go B’fhe´idir nach mbeadh me´ anseo inniu mar thit dtabharfaimid aitheantas inniu sa Da´il don obair me´ ar mo cheann nuair a bhı´ me´ i mo bhuachaill iontach ata´ de´anta ag an ollscoil le ceithre sco´ r o´ g ag dul o´ Dhu´ n na nGall go Corcaigh. Chaith bliain anuas, o´ to´ gadh isteach an tAcht seo i 1929 me´ ceithre bliana sa chola´iste i gCorcaigh. Ba maidir le hollscolaı´ocht trı´ Ghaeilge a chur ar fa´il chuma ma´so´ n nGaeltacht no´ o´ n nGalltacht thu´ . do e´inne sa tı´r seo a raibh suim acu ann no´ a Nuair a ghlac tu´ pa´irt i gco´ ras oideachais sna raibh e´ileamh acu ar an tseirbhı´s sin. cola´istı´ ullmhu´ cha´in, bhı´ an Ghaeilge ar do thoil Ba mhaith liom a ra´, mar Teachta Da´la o´ Dhu´ n agat mar nach raibh focal Be´arla le chloisint sna na nGall is Tı´r Conaill, go raibh dlu´ thcheangal i cola´istı´ o´ bhliain go bliain. Nı´l a fhios agam conas gconaı´ idir Cola´iste na hOllscoile i nGaillimh, a tharla se´ —mı´oru´ ilt a bhı´ ann — ach tharla se´. mar ata´ a fhios ag an Teachta O´ hUiginn, agus na Nı´le´inne a chuaigh trı´d an cho´ ras sin a deireann daoine ata´ mise ag de´anamh ionadaı´ochta orthu na´r tharla se´.Bae´ an toradh a bhı´ ann da´ bharr anseo sa Da´il. Sı´lim gur ceangal fiu´ ntach agus sin na´ go raibh Gaeilge iontach lı´ofach agus muintearas agus cairdeas fiu´ ntach a bhı´ ann. Mar flu´ irseach ag bunmhu´ inteoirı´ i ngach scoil i ngach e´inne do mo ghlu´ inse a raibh se´ de a´dh orthu no´ paro´ iste sa tı´r. Chuir siad trasna go dtı´ na daltaı´ de phribhle´id acu freastal ar an ollscoil, nuair a a bhı´ sna ranganna acu go raibh meas acu ar an bhı´ me´ i mo mhac le´inn mea´nscoile ba phribhle´id Ghaeilge. Is mo´ r an t-athru´ ata´ tagtha ar sin mho´ re´ dom a dul go dtı´ an ollscoil. Bhı´ Cola´iste inniu. Ta´ su´ il agam go bhfuil an tAire ag na hOllscoile i nGaillimh ann i gconaı´ le fa´ilte a e´isteacht. 813 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 814

Is cuimhin liom nuair a du´ irt saineolaı´ no´ ma´ thagann se´ o´ n Afraic, o´ n Astra´il, o´ Neipea´l fealsu´ naı´ mo´ ro´ n taobh ce´anna den Teach is an no´ o´ thı´ortha a bhfuil aithne nı´os fearr ag an tAire i 1961 go raibh re´ na gcola´istı´ ullmhu´ cha´in Teachta O´ hUiginn orthu na´ mar ata´ agam fe´in caite agus nach raibh feidhm leo a thuilleadh. Nı´ —ma´ bhı´onn uachtara´n den chinea´l sin ann, ba raibh ciall na´ ce´adfaı´ ag na daoine a chuir cheart go mbeadh an dualgas ce´anna air i leith na deireadh leis na gcola´istı´ sin. Sı´lim go bhfuil rian Gaeilge agus ata´ annila´thair na huaire. Is e´ sin an cinneadh sin le feicea´il inniu i gcu´ rsaı´ an fa´th a bhfuil muidne i ndiaidh an leasu´ seo a bhunoideachais na tı´re seo. Nı´lanlı´ofacht, an chur sı´os. chaighdea´nno´ an seasamh ce´anna ag an Ghaeilge Ba mhaith liom moladh a thabhairt don obair agus a bhı´ aici nuair a bhı´ na cola´istı´ ullmhu´ cha´in — don cheannro´ daı´ocht — ata´ a´ tabhairt ag ann. Chuaigh na scola´irı´ os na chola´istı´ sin isteach Ollscoil na Gaillimhe. Ta´ acadamh na Gaeilge ar sna cola´istı´ oiliu´ na chomh maith le daltaı´ eile siu´ l ansin anois, agus ta´ cursaı´ speisialta a´ gcur ar nach raibh sna cola´istı´ ullmhu´ cha´in. Bhı´ se´ cosu´ il fa´il chun ca´ilı´ochtaı´ agus tuiscint a thabhairt do leis an gcı´ste is an ara´n. Tho´ g siad leibhe´al na dhaoine maidir leis an Ghaeilge. Beidh ga´ leis sin Gaeilge agus chuaigh siad i bhfeidhm ar na san am ata´ amach romhainn. Ta´ Acht na daoine eile a tha´ining isteach. Is e´ sin an fa´th go dTeangacha Oifigiu´ la ann, agus ta´ aitheantas raibh se´ chomh maith sin. Ta´ se´ sin imithe. Ta´ tugtha don Ghaeilge ar leibhe´al na hEorpa. deacrachtaı´ againn inniu. Ta´im cinnte — chaith Beimid ag cuardach ce´imithe agus eolaithe a me´ go leor blianta sa rang — go bhfuil leibhe´al bhfuil eolas domhain acu ar an Ghaeilge, mar aon agus caighdea´n na Ghaeilge sna bunscoileanna ar an Ghaeilge scrı´ofa agus ar litrı´ocht na imithe i laghad. Gaeilge. Sı´lim go mbeidh ro´ lla´rnach ag Cola´iste Ta´ se´ mar an gce´anna ag an triu´ leibhe´al. Rinne na hOllscoile, Gaillimh san obair tha´bhachtach siad cinnte go raibh an t-oideachas trı´ Ghaeilge seo sna blianta amach romhainn. Ta´ tosnu´ de´anta le fa´il sna institiu´ idı´ triu´ leibhe´al, mar a bhı´ i cheana fe´in ag acadamh na Gaeilge. Caithfidh me´ nGaillimh. Cuireadh e´ sin ar fa´il. Sı´lim, chomh ara´ chomh maith go bhfuil me´ iontach buı´och fada is ata´ na gaelscoileanna againn ar fud na tı´re, dı´obh go bhfuil cola´iste satailı´te den acadamh sin gur comhartha do´ chais e´ sin a mbaineann le i mo cheantar i nGaoth Dobhair. Nı´ amha´in go bunoideachas. Caithfidh me´ moladh agus bhfuil se´ ag tabhairt oideachais agus ca´ilı´ochtaı´ trı´ aitheantas a thabhairt don obair ata´ a´ dhe´anamh Ghaeilge do na daoine o´ ga ata´ ag freastal air, ach ag gaelscoileanna agus gaelchola´istı´. Nuair a sı´lim go bhfuil se´ ina bhunta´iste mo´ r don phobal bheidh na scola´irı´ sin ag dul trı´dancho´ ras sna ina bhfuil se´ lonnaithe. blianta ata´ romhainn, sı´lim go mbeidh e´ileamh Cuirim fa´ilte le Foras na Gaeilge, ata´ ag dul go ann i gcomhair oideachais triu´ leibhe´al trı´ dtı´ an Ghaeltacht, mar tugann se´ sin comhartha Ghaeilge. Muna bhfuil Cola´iste na hOllscoile i do dhaoine proifisiu´ nta sna ceantair Ghaeltachta, nGaillimh agus cola´istı´ triu´ leibhe´al eile chun e´ agus tugann se´ aitheantas agus sta´das don sin a chur ar fa´il, nı´ an rith-trı´d go mbeifea´ ag su´ il Ghaeilge san a´it ina bhfuil sı´.Ta´ se´ ag tarlu´ i leis, o´ n mbun go dtı´ an barr, i gceist. nGaillimh. Ta´ oifigı´ ag Roinn na Gaeltachta, Nuair a chuala me´ go raibh leasu´ a´ dhe´anamh U´ dara´s na Gaeltachta, TG4 agus Raidio´ na ar an Acht 1929, se´ an che´ad rud a tha´inig isteach Gaeltachta i nGaillimh — nı´lme´ ag maı´omh as. i mo cheann na´ gur chu´ lu´ agus islu´ ce´ime eile a Sı´lim go dtugann se´ sin dlu´ s, te´agar agus bhı´ ann. Is cuimhin liom nuair a phle´igh me´ an fre´amhacha don teanga san a´it ina bhfuil siad rud seo le hAire Ghno´ thaı´ Poiblı´, Tuaithe agus lonnaithe. Sı´lim go nde´anfaidh an t-acadamh an Gaeltachta, an Teachta O´ Cuı´v, sa bhialann la´ rud ce´anna. Ta´ se´ ar siu´ l i dTı´r Chonaill, i Maigh a´mha´in. Du´ irt se´ liom go raibh se´ seo ag teacht o´ Eo, chomh fada agus is eol dom, agus ta´ ceann le na hu´ dara´is i gCola´iste na hOllscoile, Gaillimh. cur ann i gCiarraı´. Nuair a bhı´ me´ ag amharc ar Caithfidh me´ ara´ go ndeachaigh se´ sin i gcion TG4 are´ir, chonaic me´ go bhfuil plean ailtire ar orm, mar ta´ aithne agam ar na hu´ dara´is ansin, bhreacadh d’fhoirgneamh iontach d’acadamh na agus deirtear liom go bhfuil an t-uachtara´ne´ fe´in Gaeilge i gCiarraı´. ansin, agus is cinnte go bhfuil a chion de´anta aige Ta´ Cola´iste I´osaga´in i mBaile Bhu´ irne, an don Ghaeilge. Ta´ se´ sin de´anta ag daoine eile ar cola´iste a raibh me´ fe´in ag freastal air, druidte an fhoireann, ina measc an Teachta O´ hUiginn, anois. Sı´lim go ndearnadh cu´ pla scanna´n ann Peadar Mac an Iomaire agus na hollaimh go le´ir maidir le rudaı´ a tharla i gcola´istı´ co´ naithe san am ansin. Is e´ an rud a chuir imnı´ ormsa ag an am na´ ata´ thart. Bhı´ pleananna go mbeadh acadamh de nach mbeidh an t-uachtara´n ata´ ann faoi la´thair chinea´le´igin ansin leis an Ghaeilge a chur chun ann faoi cheann 20 bliain — nı´ de´arfaidh me´ cinn. Bı´onn ceisteanna sı´os agam go rialta maidir deich mbliana. Nı´ bheidh mo´ ra´n againn anseo leis an a´it sin. Ta´ foirgneamh brea´ ann. Ta´ se´ i faoi cheann 20 bliain. Beidh daoine eile ag gceantar Gaeltachta. Ba cho´ ir go mbainfı´ u´ sa´id, imeacht freisin. Ba mhaith liomsa go mbeadh rud nı´ amha´in as an bhfoirgneamh, ach as an chultu´ r e´igin sa Bhille seo — go mbeadh leasu´ e´igin sa is an saibhreas teangan ata´ sa taobh sin den tı´r, i Bhille seo — le nach mbeimid ag brath ar an nGaeltacht Mhu´ scraı´ — i mBaile Bhu´ irne, i uachtara´n reatha no´ an governing board reatha mBe´al A´ tha an Ghaorthaidh, i gCu´ il Aodha, i chun sta´das na Gaeilge a chosaint. Ba cheart go mBaile Mhic I´re agus in a´iteanna eile sa cheantar. mbeadh leasu´ e´igin sa Bhille seo a chuirfidh Ba cheart go mbainfı´ u´ sa´id as. Bhı´ Sea´nO´ Riada dualgas ar cibe´ uachtara´n ata´ ann ansin. Is cuma ann, ta´ filı´ ann, ta´ daonscoil ann — ta´ go leor 815 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 816

[Mr. McGinley.] cu´ pla focal a ra´.Ta´ daoine sa tı´r seo ag lorg seans ansin. Ta´ se´ suite i gceantar stairiu´ il; i gceantar an Ghaeilge a u´ sa´id. Du´ irt me´ go bhfuil daoine ina bhfuil Gaeilge, cultu´ r agus oidhreacht na tı´re ag foghlaim na teanga sna Gaelscoileanna. Nuair ann. Ba cho´ ir go mbainfı´ u´ sa´id as. Ceapaim go a bhı´ me´ i mo dhochtu´ ir teaghlaigh ar Oilea´n bhfuil se´ ag dul ar aghaidh is ar aghaidh. Acla agus ar an gCorra´n, chas me´ ar dhaoine Tiontaı´odh an che´ad fho´ d de roimh an toghcha´n aosta a bhı´ ag iarraidh cu´ pla focal a bhaint asam. deireannach i 2002. Rinne an t-iar-Aire, an Bhaineadar taitneamh mo´ rase´ sin a dhe´anamh. Teachta Woods, e´ sin. Ta´ su´ il agam go mbeidh Ta´ ala´n daoine o´ ga a bhfuil neart suim acu sa nı´os mo´ na´ an che´ad fho´ d iompaithe ar an teanga. Ta´ na mı´lte scola´irı´ ag foghlaim na fhorbairt sin sula dtagann an che´ad toghcha´n eile. Gaeilge agus ag baint taitnimh aisti sna Bhı´ imnı´ orm nuair a chuala me´ faoin Bhille gaelscoileanna. Ta´ suim mho´ r acu sa Ghaeilge. Ta´ seo ar dtu´ s, ach tar e´is na gcainteanna a bhı´ agam ala´n rudaı´ eile ann a bhaineann leis an teanga, le mo chomhghleacaithe, le hu´ dara´is an chola´iste an cultu´ r agus an traidisiu´ n ata´ againn sa tı´r seo. agus le daoine eile, ta´ me´ sa´sta seans a ghlacadh. Ta´ baint agam le seolto´ ireacht na yawlta ar Is do´ cha go bhfuilfimid ag baint an e´igeantais Oilea´n Acla. Bı´onn cruinniu´ againn gach bliain. amach as. Ta´ se´ amach as achan rud eile go dtı´ Ba mhaith liom buı´ochas a ghabha´il le hU´ dara´s seo. Ta´imid a´ dhe´anamh sin. Is do´ cha gurb e´ an na Gaeltachta don tacaı´ocht mho´ r a thugann se´ dearcadh ata´ againn ar an taobh seo den Teach i do na yawlta. Ta´ se´ mar phlean againn ionad gco´ naı´ na´ nach mbı´onn toradh fiu´ ntach i gco´ naı´ yawlta a chur ar fa´il ar Oilea´n Acla chun go ar e´igeantas. Ma´sfe´idir linn daoine a mhealladh, mbeidh cuairteoirı´ in ann foghlaim fu´ thu. Ta´ a sin mar is fearr e´.Ta´imid ag cur sı´os an leasaithe la´n oibre iontaı´ a´ de´anamh ag Raidio´ na chun de´anamh cinnte de, cibe´ duine an comharba Gaeltachta agus TG4. Ple´ann siad nithe e´agsu´ la a ar na hu´ dara´is i nGaillimh i la´thair na huaire, go bhaineann leis an teanga agus an chultu´ r. Nuair a mbeidh ceangal na gcu´ ig gcaol air no´ uirthi ta´imid ag cur na ra´saı´ ar siu´ l agus ag tabhairt na aitheanas, seasamh agus sta´das a thabhairt don nduaiseanna amach, de´anaimid iarracht an Ghaeilge i gcursaı´ oideachais trı´u´ leibhe´il sa tı´r Ghaeilge a labhairt. Ta´ ala´n daoine ar Oilea´n seo. Acla a bhfuil an-chleachtadh acu sa teanga. Ba mhaith liom go gcuirfidh U´ dara´s na Gaeltachta Dr. Cowley: Ta´ an-a´thas orm a bheith ag caint agus an Sta´t an tacaı´ocht che´anna ar fa´il go ceann faoin mBille seo. Ta´ an-aithne agam ar Ollscoil na mblianta fada, agus tuigim go dtarlo´ idh se´ sin. na Gaillimhe, mar is e´ sin an a´it ina raibh me´ ar Ta´ 20 yawl ar na farraigı´ againn, agus baineann feadh na mblianta fada nuair a bhı´ me´ ag staide´ar gach e´inne an-taitneamh as a bheith ag ple´ leis na an leighis. Bhı´ me´ ann chomh maith chun an dlı´ yawlta agus ag labhairt na Gaeilge. a staide´ar ina dhiaidh sin. Ba mhaith liom fa´ilte Tuigim go bhfuil a la´n Gaeilge ann. Ta´ ala´n a chur roimh uachtara´n an chola´iste, Iogna´id O´ daoine in ann cu´ pla focal a ra´.Nı´ mo´ r don Rialtas Muircheartaigh, ata´ sa Gallery. Ba mhaith liom gach tacaı´ocht a thabhairt do dhaoine mar sin. gach tacaı´ocht a thabhairt don ollscoil agus don Bhı´ an Ghaeilge ag mo mha´thair agus mo Bhille seo. Tuigim go bhfuil se´ ceart go mbeidh sheanmha´thair go la´idir. Ta´ daoine aosta ann ata´ seans ag gach duine post a fha´il. Nı´ bheidh aon an-sa´sta an Ghaeilge a labhairt. Is fe´idir leis an chonstaic air sin, mar nı´ bheadh se´ ceart no´ co´ ir. Rialtas rud e´igin a dhe´anamh do´ ibh chun an Ta´ aithne agam ar an bhfear i gceist a bhı´ ag lorg Ghaeilge a chur chun cinn. Bı´mid i gco´ naı´ ag poist ann. Du´ irt na cu´ irteanna go raibh an ceart iarraidh go labhro´ idh daoine o´ ga an Ghaeilge, ag an bhfear sin. Nı´ bheadh se´ sna cu´ irteanna da´ ach caithfimid smaoineamh ar na daoine eile. mbeadh an post ar fa´il agus ta´ me´ buı´och as sin. B’fhe´idir go mbeidı´s as cleachtadh, ach ceapaim Tuigim go bhfuil se´ an-ta´bhachtach go go labhro´ idı´s a thuilleadh Gaeilge da´ mbeadh mbeimid ag iarraidh cu´ pla focal Gaeilge a ra´. Bhı´ seans acu. Taitnı´onn an Ghaeltacht le mo´ r-chuid daoine ag caint mar gheall air sin ar maidin. daoine o´ ga. Nuair a bhı´ me´ o´ g, chuaigh me´ go Tuigim go bhfuil ge´ar-gha´ ann go mbı´onn seans Locha´n Beag, agus chas me ar Pho´ lO´ Foighil, ag gach e´inne an teanga a fhoghlaim. Bı´m ag caint fear iontach a fuair ba´slede´anaı´. Bhain me´ an- leis an Aire go minic mar gheall ar Ghaelscoil na taitneamh as an craic agus an ce´ilı´ a bhı´ ann. Cruaiche i gCathair na Mart. Ta´ se´ an- I am pleased to be able to speak on this Bill. It ta´bhachtach ar fad go mbeadh Gaelscoil ann. is important that we are seen to support Ollscoil Tuigim go bhfuil an tAire ag cabhru´ i dtaobh sin na Gaillimhe, to which the west has a great agus gabhaim buı´ochas do´ . attachment. My father, daughter and I have taken Bhı´ se´ an-chrua an Ghaeilge a labhairt sna advantage of its very good facilities. This Bill is blianta ata´ caite. Bhı´ bata sco´ ir ag daoine sna straightforward. It is logical in that it purports to blianta sin. Cuireadh sco´ ir ar an bhata nuair a take a correct action. labhair na gasu´ ir as Gaeilge sa scoil. Bhı´ ruaille I am familiar with a case where a law lecturer buaille ann nuair a labhair siad as Gaeilge. Is e´ was placed first for a permanent job. He felt very sin an chaoi ar cuireadh na penal laws i bhfeidhm. aggrieved because although he had passed the Bhı´ fonn ar na daoine an Ghaeilge a labhairt agus Irish language test on two previous occasions, he ta´im an-bhuı´och go bhfuil an seans agam ı´ a did not pass it on that occasion and so was not labhairt. Ta´ se´ ta´bhachtach go mbeimid ag offered the job. It seemed quite inequitable to tabhairt tacaı´ochta do gach uile duine ata´ in ann me. As it happened, the person who was first in 817 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 818 line refused the job and it was offered to this law pholaiteoirı´ gan rud ar bith a ra´ faoin teanga. lecturer, which was right and equitable. Du´ irt me´ gur cho´ ir du´ inn breathnu´ ar na It is correct that the law be changed to deal struchtu´ ir agus an chaoi mu´ inteoireachta chomh with interference with a person’s right or ability maith leis na ha´iseanna ata´ a´ dtabhairt againn do to be appointed to a particular post. This is the mhu´ inteoirı´ na tı´re chun nı´os mo´ be´ime a chur ar unanimous decision of the governors of NUI an teanga agus deireadh a chur leis an Galway. I respect that and support this Bill. e´igeantacht. Du´ irt me´ chomh maith gur cheart go NUI Galway, or University College Galway, mbeadh scru´ du´ be´il ann don teastas so´ isearach UCG, as it was known, has had many achieve- agus go nde´anfaı´ athstruchtu´ ru´ ar an gcla´r don ments regarding the Irish language and cannot in ardteist. any way be accused of diluting it. An academy of Ba cheart du´ inn i bhfad nı´ ba mho´ be´ime a chur Irish learning has been established there and NUI ar chu´ rsaı´ dra´maı´ochta, spraoi agus teanga Galway is doing its bit for the language. I agree labhartha chun go mbeimid i bhfad nı´os la´idre o´ with Deputy O´ Snodaigh that we have not yet thaobh na teanga de taobh istigh de chu´ pla bliain. seen the programme for development. However, Dhı´righ beagnach chuile duine isteach ar an it is hoped that all will happen according to plan. e´igeantacht amha´in. Du´ irt siad go mbeimid ag I wish to make a point on the greater ability laghdu´ na Gaeilge agus chumas na teanga, agus now of University College Galway to put through mar sin de. Cuirfidh me´ fa´ilte roimh an am a medical graduates. The number of graduates mbeimid in ann dı´ospo´ ireacht iomla´n a bheith allowed has increased greatly from 305 to 725 in againn i nDa´il E´ ireann faoi na deacrachtaı´ seo 2007. I welcome this because there is certainly a agus faoi chomh ba´u´ il agus ata´imid go le´ir don great shortage of general practitioners and teanga. Se´ard ata´ i gceist agamsa agus ag Fine doctors in the west. Tabharfaidh se´ seans do nı´os Gael na´ an Ghaeilge a neartu´ agus a la´idriu´ o´ mo´ dochtu´ irı´ teaghlach a fhail. Ta´ se´ sin an-ta´b- cheann na tı´re. O´ thaobh an Bhille seo de, bhı´ me´ hachtach ar fad. People often accuse the medical ag caint le hu´ dara´is Ollscoil na hE´ ireann, profession of limiting the number of graduates in Gaillimh. Aontaı´m leo gur cho´ ir go mbeadh leasu´ some way. This is an urban myth, and also a rural ann ar an Acht a tha´inig isteach i 1929. myth, propagated for some unknown reason. Maradu´ irt an Teachta McGinley faoi Earna´n de Blaghd agus Ristea´rd Ua Maolchatha agus iad Mr. Gogarty: Irish graduates. siu´ d a bhı´ an-la´idir i leith an Ghaeilge a chur chun cinn, bı´mis maca´nta faoi go raibh deacrachtaı´ ag Dr. Cowley: In my dealings with doctors’ Ollscoil na hE´ ireann, Gaillimh ollamh faoi leith a unions, I note the medical profession is always mhealladh don ollscoil. Se´ard ata´ i gceist anseo keen to see an increase in the number of doctors. na´ leasu´ a thabhairt isteach chun deireadh a chur The difficulty was with the universities. Nı´ raibh le he´iginnteacht maidir le Gaeilge a bheith ag an t-airgead acu chun an rud a dhe´anamh. Nı´ ollamh ata´ ag dul isteach in Ollscoil na raibh a dho´ thain airgid acu chun nı´os mo´ docht- hE´ ireann, Gaillimh. u´ irı´ a chuir amach agus da´ bharr sin, nı´ raibh na Ina a´it sin, bheadh plean straite´iseach leagtha dochtu´ irı´ le fa´il. I greatly welcome the increased amach agus ceann de na haidhmeanna sa phlean role of the universities in this regard and the sin go mbeadh an Ghaeilge, mu´ inteoireacht na opportunity for more people to qualify from NUI teanga agus a´bhair as Gaeilge ar fa´il taobh istigh Galway and other universities. More than doubl- den chola´iste agus, mar ata´ a´ dhe´anamh acu faoi ing the number of graduates is to be especially la´thair in Ollscoil na hE´ ireann, Gaillimh, cu´ rsaı´ welcomed. I know the medical degree from NUI as Gaeilge taobh amuigh den chola´iste freisin. Is Galway is recognised throughout the world. maith an rud e´ sin agus aontaı´m leis an leasu´ . I wish the college every success in the future. Bhı´ me´ ag caint ar u´ dara´is na hollscoile. Bhı´ Nı´ mo´ r dom a ra´ go mbeidh gach tacaı´ocht le fa´il raic ar siu´ l. Bhı´ me´ thı´os oı´che amha´in, agus bhı´ o´ gach uile Teachta do Ollscoil na Gaillimhe. Ta´ 300 duine ag an le´acht agus dı´ospo´ ireacht a bhı´ an-a´thas orm a bheith ag caint ar an Bhille ann. Du´ irt duine e´igin go raibh an tAire, an seo. Teachta O´ Cuı´v, ag insint bre´aga faoi seo, rud a she´an se´,gona´du´ rtha. Bhı´ dı´ospo´ ireacht an-la´idir Mr. Kenny: Ba mhaith liom cu´ pla focal a ra´ ar ann faoin leasu´ agus an so´ rt creata a bheadh ar an mBille seo. Sı´lim gur cho´ ir du´ inn go le´ir a an Ghaeilge as seo amach. Mar sin, aontaı´m leis bheith maca´nta faoin teanga. Le´igh me´ an an leasu´ seo. tuarasca´il a chuir an Coimisine´ir Teanga amach Maradu´ irt an Teachta McGinley, sı´lim o´ n anuraidh. Du´ irt se´ go han-soile´ir go bhfuilimid ag Acht — agus is fe´idir leis an Aire e´ seo a ra´ — caitheamh 1,500 uair mu´ inteoireachta agus \500 cibe´ uachtara´n a bheidh ann deich no´ 20 bliain milliu´ n gach bliain ag mu´ ineadh na Gaeilge do amach romhainn, beidh air no´ uirthi an plean leanaı´ na tı´re seo. Du´ irt se´ go raibh dı´oma´ air — straite´ise a chuirfidh an ollscoil i gcrı´ch a chur i ta´ dı´oma´ orainn go le´ir — faoin chaighdea´n agus bhfeidhm arı´st. Ma´se´ sin ata´ i gceist, go mbeidh faoin chumas sa Ghaeilge labhartha ata´ ag an Ghaeilge a´ cur chun cinn mar dhualgas agus formho´ r mhuintir na tı´re. aidhm den straite´is, cibe´ uachtara´n a thiocfaidh Sı´lim gur cho´ ir go mbeimis maca´nta faoin isteach agus cibe´ u´ dara´s a bheidh ann 30 bliain a´bhar seo. Bheadh se´ i bhfad nı´ b’e´asca do amach romhainn, beidh orthu an straite´is sin a 819 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 820

[Mr. Kenny.] bhfuil an Ghaeilge mar theanga de, ata´ chomh chur i gcrı´ch. Ta´imid ag baint e´igeantachta fı´ortha´bhachtach du´ inn go le´ir. amha´in o´ n ollscoil o´ thaobh cumas sa Ghaeilge a bheith ag na hollaimh de. Ina a´it sin, ta´imid ag Mr. Sargent: Ta´ a´thas orm deis a fha´il labhairt cur riachtanais agus e´igeantachta eile isteach go ar Bhille an Chola´iste Ollscoile, Gaillimh (Leasu´ ) mbeidh dualgas ar u´ dara´is agus uachtara´nan 2005. Trı´distrı´d, mar a du´ irt urlabhraı´ an chola´iste an plean sin a chur i gcrı´ch as seo Chomhaontais Ghlais ar chu´ rsaı´ oideachais agus amach. eolaı´ochta, an Teachta Gogarty, ta´imid ar son Bı´mid ag argo´ int leis an Aire anois agus arı´st. mholadh u´ dara´is Ollscoil na hE´ ireann, Gaillimh Da´ mbeadh an Teachta Enright no´ McCormack mar gheall ar feabhas a chur ar shola´thar chu´ rsaı´ thall ansin mar Aire Oideachais agus Eolaı´ochta Gaeilge agus chultu´ r Gaeilge do mhic le´inn na agus an Teachta Hanafin anseo, an aonto´ dh sı´ hollscoile agus na tı´re go gineara´lta. linne da´ mbeimis ag tabhairt leasaithe den chinea´l Gan amhras, ma´ ta´imid ag aontu´ leis an seo isteach maidir le hOllscoil na hE´ ireann, reachtaı´ocht i bprionsabal, ta´ a fhios againn go Gaillimh? le´ir sa Teach seo nach leor reachtaı´ocht go minic chun cu´ rsaı´ a athru´ go bunu´ sach. Ta´im go la´idir Ms Hanafin: Da´ mba rud e´ gur tha´inig se´ den tuairim gur maith agus ta´bhachtach an rud e´ anseo, b’fhe´idir. an dı´ospo´ ireacht seo chun, b’fhe´idir, iniu´ chadh beag a dhe´anamh ar cad eile a bheidh ag teasta´il Mr. Kenny: O´ thaobh polaitı´ochta de, an seachas an reachtaı´ocht le go mbeidh tionchar dtabharfadh sı´ a tacaı´ocht don leasu´ ?Ta´imid an- suntasach againn ar chu´ rsaı´. Mar a du´ irt Foinse bha´u´ il don teanga agus an rud ata´ a´ dhe´anamh ag ar 29 Eana´ir, le de´anaı´ nı´ raibh tionchar ar bith Ollscoil na hE´ ireann, Gaillimh. Ta´ an e´igeantacht ag riail na Gaeilge ag 95% de cheapacha´in sa bainte den Gharda Sı´ocha´na Gaeilge a bheith ag chola´iste. Du´ irt an nuachta´n freisin go bhfuil riail duine ar mhaith leis dul isteach sna gardaı´ i gcuid na Gaeilge i gceist i gca´s ollaimh amha´in as 15 a de na ca´sanna. Ta´ liu´ ntais speisialta ar fa´il ag na ceapadh le trı´ bliana anuas. Nı´ mo´ r, mar sin, gardaı´ a oibrı´onn i nGaillimh agus i gCiarraı´.Nı´l fe´achaint go ge´ar ar an sce´al sin agus na leasuithe a leithe´id ar fa´il do´ ibh siu´ d a oibrı´onn sna ata´ a´ dtabhairt isteach. Cuirim fa´ilte roimh leasu´ Gaeltachtaı´ i gContae Chorcaı´, Mhaigh Eo, no´ na hollscoile agus ta´imid ag su´ il go mbeidh a´r Dhu´ n na nGall. Tuige sin? Mar chinneadh leasu´ fe´in chomh he´ifeachtach agus is fe´idir. polaitiu´ il a rinneadh na blianta fada o´ shin. Ta´ se´ ta´bhachtach go bhfuilimid ag dı´riu´ ar na D’ainneoin go bhfuil se´ ar a gcumas acu Gaeilge rudaı´ seo. Ta´ re´imse cu´ rsaı´ do mhic le´inn le a labhairt agus a gcuid oibre a dhe´anamh as Gaeilge i gceist ar leibhe´al amha´in, agus Gaeilge an t-am ar fad agus iad ag obair sna caithfimid bheith cinnte de go bhfuil se´ sin ann Gaeltachtaı´,age´irı´ as an gcinneadh polaitiu´ il sin, leis an bhorradh ata´ tar e´is teacht ar an nı´ raibh an liu´ ntas sin ar fa´il i nDu´ n na nGall, i ghaelscolaı´ocht sa tı´r agus an tsuim ata´ ag go leor Maigh Eo, i mBaile Bhu´ irne no´ san a´it ar a raibh daoine freastal ar chola´iste trı´u´ leibhe´il chun an Teachta McGinley ag caint. cu´ rsa a dhe´anamh trı´ mhea´n na Gaeilge. Nı´ mo´ r An fe´idir leis an Aire, agus ı´ ag tabhairt freagra na cu´ rsaı´ sin a chur ar fa´il. Chomh maith leis sin, ar an dı´ospo´ ireacht seo, cur isteach sa chla´r anseo a´fach, ta´ suim mho´ r agam go pearsanta sa chuid go mbeidh dualgas ar cibe´ uachtara´n agus u´ dara´is sin den leasu´ a bhfuil tagairt ann do chultu´ r ar Ollscoil na hE´ ireann, Gaillimh a bheidh ann an da´theangach cumarsa´ide. Ta´ suim mho´ r agam sa Ghaeilge a chur isteach sna pleananna straite´ise a chuid sin den leasu´ mar duine ata´ ag mu´ ineadh bheidh acu? Rachadh se´ sin chun leasa na teanga na Gaeilge do dhaoine fa´sta go deonach gach agus Ollscoil na hE´ ireann, Gaillimh. Taobh Aoine. Ta´ aithne agam ar go leor daoine nach amuigh de sin, fa´iltı´m roimh an am a mbeimis in raibh Gaeilge acu no´ nach raibh suim acu sa ann dı´ospo´ ireacht iomla´n mhaca´nta a bheith Ghaeilge nuair a bhı´ siad o´ g. Anois ta´ siad ag againn sa Teach seo i leith na Gaeilge, freastal ar an teanga agus ag iarraidh go mbeadh mhu´ inteoireacht na teanga, agus TG4, a thug an an cultu´ r cumarsa´ide dha´theangach sin ar fa´il, nı´ tAire ca´iliu´ il, an Teachta Michael D. Higgins, amha´in i gCola´iste na hOllscoile ach nı´os leithne isteach agus ata´ ag seasamh an fho´ id go la´idir sa na´ sin ar fud na tı´re. Ta´ deis anseo ag an ollscoil la´ ata´ inniu ann. Ta´ su´ il agam go mbeidh se´ nı´os an tosaı´ocht a thabhairt don tı´r ar fad ar conas is la´idre as seo amach as ucht na hoibre ata´ a´ fe´idir cultu´ r cumarsa´ide dha´theangach a chur ar dhe´anamh acu siu´ d i leith na teanga labhartha fa´il a bheadh e´ifeachtach agus a rachadh i agus mar sin de. bhfeidhm ar an bpobal. Nı´l a leithe´id ann go dtı´ O´ s rud e´ gur tha´inig uachtara´n Ollscoil na seo. Ta´ se´ ar fa´il i gCeanada agus i dtı´ortha eile hE´ ireann, Gaillimh anseo inniu, fa´iltı´m roimhe go bhfuil cothrom na fe´inne ann de na teangacha agus deirim leis go n-aontaı´m leis an aidhm ata´ oifigiu´ la sa sta´t i gceist. aige agus ag na hu´ dara´is i leith an leasu´ seo. In E´ irinn, a´fach, tugtar faoi deara go bhfuil an E´ istfidh me´ leis an Aire a´ ra´ go cinnte dearfach Ghaeilge le feicea´il anseo agus ansiu´ d ach nı´ ar go mbeidh an dualgas sin ann as seo amach go bhonn dha´theangach. Agus me´ ag dul go Tra´ Lı´, meidh an Ghaeilge sa´ite isteach sa phlean thug me´ faoi deara sa sta´isiu´ in iarnro´ id go bhfuil straite´ise sa treo is nach mbeidh dı´oma´ no´ an Ghaeilge agus an Be´arla ann o´ thaobh mı´thuiscint ar dhuine ar bith o´ thaobh na ha´ite a logainmneacha de ach bhı´ an Ghaeilge scrı´ofa i 821 University College Galway (Amendment) 9 February 2006. Bill 2005: Second Stage 822 ndu´ ch ora´iste agus an Be´arla i ndu´ ch dubh. Nuair This Bill has a particularly narrow focus. I wish a bhı´onn se´ dorcha ta´ an dath ora´iste dofheicthe to reiterate that the introduction of this amend- agus nı´l aon chuma go bhfuil muid i nda´irı´re faoin ment is not a reflection on NUI Galway’s past Ghaeilge nuair a dhe´antar sin. Sin sampla amha´in scholarly achievements and learning, or on any den easpa da´irı´reachta a bhı´onn ann, ce´ go bhfuil research carried out there. NUI Galway has cultu´ r cumarsa´ide dha´theangach in ainm is a requested that it be allowed to adapt for future bheith ann. employment requirements, not requirements for Sa Teach seo agus i gcu´ rsaı´ Rialtais, ce´ go learning, teaching or any scholarly work that con- bhfuil Acht na dTeangacha Oifigiu´ la ann, arı´s, o´ tinues in that wonderful university. thaobh cultu´ r cumarsa´ide dha´theangach, mar ata´ However, given the demands, particularly in luaite sa leasu´ ,nı´lse´ ann go praiticiu´ il. Ta´ an cla´r the fields of science and technology, we must be Rialtais idir Fianna Fa´il agus an Pa´irtı´ more international in our outlook. This is why I Daonlathach agam agus nı´ luaitear go bhfuil adopted a rather narrow approach in my opening leagan Gaeilge ar fa´il. Ta´ an Ghaeilge ann mar remarks. A couple of legal cases have led to a an t-a´bhar deireanach sa chla´r. Bheinn ag su´ il ma´ fear among the authorities in NUI Galway that ta´ da´theangachas i gceist go mbeadh ar a laghad they may have a potential barrier which might tagairt ann do leagan Gaeilge. Ta´ an cla´r caipitil affect any future appointments they might make. don Roinn Airgeadais mar an gce´anna. Sin an fa´th go bhfuil an Bille seo ag teacht. Ta´ feabhas tagtha le hAcht na dTeangacha Debates on the value of education and the Oifigiu´ la. Ta´ tionchar an Achta le feicea´il sa value of universities should take place regularly. tuarasca´il bhliantu´ il o´ n Gharda Sı´ocha´na. Nı´l Undoubtedly, it would be beneficial to have such d’fhoghlaimeoir teanga e´ seo, a´fach, ta´ se´ ann ar a debate in this House on another day. I agree mhaithe leis an Acht agus le riachtanais oifigiu´ la entirely that the world would be a far duller place ach lena le´amh as Gaeilge, caithfidh duine an without historians, linguists, poets, writers, leagan Be´arla a chur bun os cionn as tosu´ arı´sag ´ Deputy Michael D. Higgins and similar people an che´ad leathanach. O thaobh te´armaı´ochta, who add such colour and excitement to our lives suim sa teanga agus an fhoghlaimeora, nı´l seans from the humanities disciplines. The economy is da´ laghad go mbeadh an foghlaimeoir teanga ag not the sole focus, as I have made quite clear in caitheamh ama leis an Ghaeilge ata´ ann mar all speeches which I have given this year regard- bheadh an te´armaı´ocht an-chasta. Nı´ bhı´onn se´ i ing third level education. This is particularly the rithim na cainte ag an chuid is mo´ daoine case in the manner in which I have resisted “robberies and aggravated burglaries where suggestions by the OECD that the humanities firearms were used in financial institutions”. council should be merged with the science B’fhe´idir go dtuigeann go leor daoine sa Ghaeilge council. There are no circumstances in which I sin ach leis an te´armaı´ocht Gaeilge a fha´il, would accept such a recommendation, because caithfear an tuarasca´il a thiontu´ bun os cionn agus dul ar lorg an leathanaigh ce´anna as Gaeilge. Ta´ education and the relationship between the uni- ro´ lta´bhachtach ag Cola´iste na hOllscoile versities and society is far broader than that. We Gaillimh fe´achaint nach dtarlaı´onn an so´ rt sin all benefit from the interaction and learning of raime´ise, an cur amu´ airgid a tharraingı´onn others. droch-chlu´ ar na hiarrachtaı´ dı´ograiseacha ata´ ar Maidir leis an Gaeilge, aithnı´onn gach duine sa siu´ l ag neart daoine u´ sa´id na Gaeilge a chur chun Teach go bhfuil fadhb ann. Ta´ fadhb ann maidir cinn. Ta´ a leithe´id de chultu´ r forbartha i le mu´ ineadh na Gaeilge agus mu´ ineadh na gCeanada agus bı´onn Fraincı´s agus Be´arla taobh Gaeilge go ha´irithe ins na scoileanna ag an dara le taobh ar an leathanach amha´in. le´ibhe´al. Ach aithnı´mid go bhfuil meath ins an Ta´ sin nı´os leithne na´ an leasu´ seo ach ta´ se´ Gaeltacht. mar chuid den dı´ospo´ ireacht mar ta´ muid ag ra´ go However, for the second time this week, bhfuil dualgas ar an chola´iste cultu´ r cumarsa´ide Members have witnessed serious differences dha´theangach a chruthu´ agus a chur chun cinn between the educational policies adopted by the ach ma´ ta´ se´ ag de´anamh aithrise ar thosaı´ocht major Opposition parties. Unfortunately, when it ata´ ag teacht o´ n Rialtas, teipfidh orthu. Ta´ eagla comes to our native Irish language, the attitude orm go dtarlo´ idh sin muna nde´anfar of Fine Gael appears to be that if there is a prob- dianmhachnamh ar cad is cultu´ r cumarsa´ide lem, it should be killed; if it is unpopular, it dha´theangach ann. Beimid ag su´ il leis an should be removed; and if international languages dı´ospo´ ireacht sin ach le cu´ namh De´ beidh an are more successful, our own native one should reachtaı´ocht ann ar dtu´ sba´ire. be replaced.

Ms Hanafin: Gabhaim buı´ochas do na Teachtaı´ Mr. McGinley: Fine Gael practises what it a labhair. I gco´ naı´ nuair a bhı´onn a´bhair a preaches. bhaineann leis an Ghaeilge, is iontach an me´id duine a thagann isteach agus a chuid Gaeilge a Ms Hanafin: My attitude is to be more support- u´ sa´id, a thaispea´nann nach bhfuil an Ghaeilge ive of reform and revitalisation and to introduce chomh dona i measc polaiteoirı´ na tı´re is a reforms in the teaching of Irish, not to reintro- cheapann daoine eile. duce “the murder machine”. 823 University College Galway (Amendment) Bill 9 February 2006. 2005: Committee and Remaining Stages 824

Ms Enright: The Minister has not introduced The Bill deals with an employment barrier any reforms. faced by NUIG, not learning or scholarly achieve- ment. I have no doubt go bhfuil dualgas fa´gtha Ms Hanafin: As far as the school curriculum is ag NUIG chun a cuid a dhe´anamh ar son na concerned, my aim is to ensure we have a proper Gaeilge. That commitment is enshrined in the follow-on from primary school to second level. legislation and the university and it will have to Members all recognise that the new be a principal aim of the college to continue to 3 o’clock primary school curriculum works promote the Irish language. This will apply to all successfully, is being well taught and future presidents, authorities and strategic plans is enjoyable for students. However, I have asked because that is their responsibility. If the strength the curriculum council to prioritise the curricu- of the Irish language is shifting from the Gael- lum at second level and to establish how much tacht areas to Dublin, Cork and Galway, there more oral work can be given. Would it be pos- is also a responsibility on every other third level sible, for example, to award 50% of the marks in institution to do its bit to promote the Irish langu- the leaving certificate for oral Irish, which I age in all its courses. It should not only be the strongly believe in mar iar-mhu´ inteoir Ghaeilge? responsibility of NUIG, although it has a part- That would lead to a significant change in the icular responsibility. Caithfidh sı´ cloı´gh leis sin in methodologies because teachers could concen- ainneoin an Bhille seo. The college must maintain trate more on debate, dra´maı´ocht, siamsaı´ochta, its commitment. pleidhcı´ocht agus gach rud. Nı´ bheadh siad go le´ir We all say we support the Irish language. I sa rang ag iarraidh gramadach agus iomarca want Fine Gael to seriously examine its proposal litrı´ochta a mhu´ ineadh. We offer a broad edu- because its consequences are ill-thought out. I cation and our students are asked to do seven sincerely hope Fine Gael never gets the oppor- subjects, including English, mathematics, a for- tunity to implement it. eign language, science, and, hopefully, history or geography. There is room for every student to Ms Enright: The Minister has no proposals. take our native language during their education. We can give tacaı´ocht, cu´ namh, athru´ be´ime agus Question put and agreed to. nı´os mo´ a dhe´anamh ar son an teanga labhartha agus gach rud a du´ irt me´, agus ba mhaith liom University College Galway (Amendment) Bill nı´os mo´ a dhe´anamh air sin. However, to abolish 2005 [Seanad]: Committee and Remaining compulsory Irish for the leaving certificate would Stages. destroy the language at all levels in the edu- cation system. NEW SECTIONS. I accept Deputy Enright’s comment that the An Ceann Comhairle: Amendments Nos. 12 Gaeltacht in Mayo is dying but she has failed to and 34 are related to amendment No. 1 and all consider that Gaeilge is thriving in Dublin, may be taken together. Limerick and Cork. It may be in decline in some areas but there is a shift in the focus and we now Ms O’Sullivan: I move amendment No. 1: have a new urban Gaeilge, which must be recog- nised. More Irish is being spoken and taught in In page 3, before section 1, to insert the fol- my constituency, Du´ n Laoghaire, than in the lowing new section: Mayo Gaeltacht. If one stands outside Scoil Lor- “1.—In this Act, ”Principal Act“ means ´ ca´in, Cola´iste Eoin or Cola´iste Iosaga´in, one will the University College Galway Act 1929.”. hear not only the children but also the parents conversing in Irish. These are technical amendments intended to ensure the name “National University of Ireland Mr. Gogarty: Nı´l na tuismitheoirı´ ag labhairt Galway” rather than “University College as Gaeilge. Galway” is used, as the name has changed.

Ms Hanafin: That does not mean we should say Minister for Education and Science (Ms it is dead in the traditional areas, therefore, we Hanafin): This legislation amends the University should kill it in all the schools as well. Various College Galway Act 1929 and it is not appro- recommendations have been made regarding the priate to adopt the new title. support of schools in Gaeltacht areas but these schools must be measured against those in urban Amendment, by leave, withdrawn. areas. One of the recommendations is that the Gaeltacht schools, particularly in isolated areas, Ms O’Sullivan: I move amendment No. 2: should be amalgamated. Is that in the best In page 3, before section 1, to insert the fol- interest of these areas educationally? These are lowing new section: issues. However, I do not want a scenario in “1.—The Preamble to the Principal Act is which Irish is abolished for students under the repealed.”. age of 18 because the knock on effect throughout the system will be negative. This relates to the same issue. 825 University College Galway (Amendment) Bill 9 February 2006. 2005: Committee and Remaining Stages 826

Aengus O´ Snodaigh: It is not related to the first Amendment No. 4 not moved. issue because it is much more involved. Nı´ ga´ ach fe´achaint ar an preamble le fe´achaint cad ata´ i An Ceann Comhairle: Amendments Nos. 5, 10, gceist. Sin ceann de na ha´iteanna a deir se´ go 27 and 39 will be taken together. bhfuil dualgas ar an chola´iste o´ thaobh na Gaeilge: Aengus O´ Snodaigh: I move amendment No. 5: . . .the Governing Body of the said College has In page 3, before section 1, to insert the fol- lately made provision by statute for securing lowing new section: that certain of professors and lecturers of the ”1.—Section 25(1) of the Universities Act said College shall deliver their lectures in the 1997 is amended by inserting the following Irish language, and proposes to take such paragraph after paragraph (c): further steps as circumstances may permit to secure that an increasing proportion of “(d) their intended duties and the academic and administrative functions of the intended duties of the University under said College shall be performed through the the National University of Ireland, Galway medium of the Irish language. (Amendment) Act 2006 and the Official Languages Act 2003 and the schemes Is oth liom go bhfuil Pa´irtı´ an Lucht Oibre ag relating thereto, as well as enquiring into iarraidh fa´il rogha den preamble sin. and including the applicant’s fluency in the Irish language.“.”. Ms Hanafin: This amendment is not necessary, given that the dualgas will be kept on the college Rinne me´ tra´cht air seo nı´os luaithe. Cuireann se´ in the legislation. iontas liom gur ligeadh an leasu´ seo mar rialadh na leasuithe eile a bhı´ ag triall le baint le pı´osaı´ Mr. M. Higgins: Ta´ se´ ta´bhachtach go nde´- eile d’Acht na hOllscoileanna as ord. Is co´ ir an anaim soile´ir ar son Pa´irtı´ an Lucht Oibre nach reachtaı´ocht mar a bhı´ a athru´ agus nach mbeidh bhfuil muid ag de´anamh aon iarrachta e´alu´ o´ spri- bac ar duine fostaithe san ollscoil ach is ceart ar ocanna ata´ leagtha sı´os sa teideal mar a bhı´ se´. a laghad go bhfuil ceist curtha an bhfuil Gaeilge An do´ igh cheart chun e´ a chur i gcrı´ch na´ glacadh aige agus ce´ chomh lı´ofa is ata´ se´.Ta´ meon ann leis an phlean straite´iseach. I leasaithe eile, ta´ me´ nach gco´ ir aon cheist mar seo a bheith ann ach is ag athru´ an commitment maidir de liostanna de co´ ir. Ma´ ta´ duine a ra´ go bhfuil idirdhealu´ de´anta na haidhmeanna e´agsu´ la sa do´ igh is go mbeidh se´ air toisc gur cuireadh ceist air faoin teanga, nı´lse´ mar cheann de na bunphrionsabal taobh istigh de ceart. Caithfimid bheith in ann i gco´ naı´ a cheist na haidhmeanna nithe a´irithe a bhaint amach leis sin a chur le fa´il amach an bhfuil ba´ fiu´ ag an an Ghaeilge a chur ar aghaidh. Nı´lse´ ceart a ra´ duine don Ghaeilge. B’fhe´idir go mbeimid ag iar- go bhfuil muid ag de´anamh e´alu´ o´ commitment raidh air Gaeilge a fhoghlaim agus nı´lba´ ar bith ar bith, beag no´ mo´ r, don Ghaeilge no´ do thea- aige don Ghaeilge agus nı´lse´ sa´sta tacu´ le cur gasc frı´ mhea´n na Gaeilge. B’fhe´idir go bhfuil chun na Gaeilge sna hollscoileanna. Is ceart go muid ar aon intinn leis an Aire gur fe´idir sin a mbeidh dualgas mar sin ann go nde´anaimid fios- bhaint amach i gcomhthe´acs bun-alt a leagan sı´os ru´ cha´ne´igin faoin Ghaeilge go mbeimid in ann ı´ oibleaga´idı´ e´agsu´ la don phlean straite´iseach. a chur chun cinn agus go mbeimid in ann a mheas cad e´ an plean ata´ againn ma´ ta´ muid ag cur sce´- Amendment, by leave, withdrawn ime le che´ile faoi Acht na dTeangacha Oifigiu´ la mar ata´ de´anta ag an chola´iste. Ta´ an plean ag An Ceann Comhairle: Amendments Nos. 3, 4, an chola´iste go maith ach nı´ the´ann se´ fada go 13 to 16, inclusive, 18, 21, 22, 24 to 26, inclusive, leor domsa. 32 and 36 will be taken together. Nı´lme´ ag baint an iomarca leis an cheist seo mar ba mhaith liom dı´riu´ isteach i gceisteanna Ms O’Sullivan: I move amendment No. 3: eile ach nuair a bhı´ me´ ag cur an leasaithe seo le che´ile bhı´ fadhb mho´ r agam. Du´ radh linne nuair In page 3, before section 1, to insert the fol- ´ lowing new section: a bhı muid ag baint le ceist na dteangacha oifigi- u´ la go mbeadh gach Bille ar fa´il i nGaeilge roimh “1.—The Principal Act is amended by the i bhfad. Low and behold chuaigh me´ le fiosru´ an deletion of section 1 and the substitution Bille seo chun baint leis seo agus nı´lse´ ar fa´il i therefor of the following section: nGaeilge — Acht na nOllscoileanna 1997, naoi mbliain o´ shin, agus fo´ snı´ fe´idir liom teacht ar an 1.—In this Act “University” means the Ghaeilge. Toisc nach raibh se´ ar fa´il i nGaeilge National University of Ireland, agus nach bhfuil an Bille seo ar fa´il i nGaeilge, nı´ Galway.“.”. raibh cead agam de re´ir an Bills Office, agus thug These amendments relate to the issue raised in sı´ cuidiu´ dom na leasuithe a chur me´ i nGaeilge amendment No. 1. I will withdraw them to save a aistriu´ go Be´arla. Sin ce´ chomh trom ar chu´ lis time. ata´ an a´it seo. Chaith mise an la´ ar fad inne´ ag baint le haistriu´ cha´ngoBe´arla o´ stuif a chuir me´ Amendment, by leave, withdrawn. i nGaeilge. 827 University College Galway (Amendment) Bill 9 February 2006. 2005: Committee and Remaining Stages 828

´ [Aengus O Snodaigh.] Ms O’Sullivan: On a point of order, when I was Ag labhairt ar leasu´ Uimh. 10, ta´ me´ ag lorg na speaking to amendment No. 1, I assumed the hathraithe seo go mbeadh se´ glan soile´ir o´ n che´ad amendments that were grouped with it would le´amh ag aon duine ar na dualgais go gcaithfidh have had something to do with changing the title se´ fe´achaint i gco´ naı´ ar na hAchtanna difriu´ la to NUIG. On receiving the list of groupings, I agus na dualgais ata´ aige da´ re´ir. Nı´ dı´reach faoin realise that even the Minister’s amendment No. Ghaeilge amha´in ata´ se´ ach caithfidh go mbeidh 15, which she shares with me, has also been gro- Gaeilge san a´ireamh i gco´ naı´ nuair ata´ bord mea- uped, as have some of the other amendments stacha´in ag bualadh mar gheall ar dhuine nua a which propose to change the substance of section fhostu´ .Mı´nı´onn leasu´ Uimh. 27 cad ta´ i gceist sna 1(3). For example, the Green Party’s amendment leasuithe eile nuair a luaigh me´ sce´im. was grouped with mine, whereas the Fine Gael I leasu´ Uimh. 39, ta´ i gceist go mbeadh se´ luaite amendment was not, even though they are practi- san fhotheideal go bhfuil dualgas a´irithe ag an cally the same. I object to the groupings because chola´iste i leith na Gaeilge. Ta´ ce´im siar glactha we should have an opportunity to debate the againn maidir leis an dualgas a´irithe a bhı´ tugtha amendments. While I am happy to group the don ollscoil. B’fhe´idir go raibh se´ mı´cheart an tslı´ amendments that relate to the title “NUIG”, I do a bhı´ se´ curtha ar pha´ipe´ar ach bhı´ an aidhm not agree with grouping the other amendments cheart ag Earna´n de Blaghd nuair a chuir se´ e´, that deal with the substance of section 1(3). bhı´ se´ ag triall le rud a dhe´anamh. B’fhe´idir sa la´ ata´ inniu ann nach sin an tslı´ lena dhe´anamh. An Ceann Comhairle: The issue does not arise Toisc nach bhfuil an Rialtas seo agus nach raibh until we reach amendment No. 15. Perhaps when aon Rialtas roimhe seo sa´sta ollscoil la´n-Ghael- we get that far, we will allow a brief discussion ach a dhe´anamh, is ga´ ceann de na hollscoileanna on the amendments. a roghnu´ ar a bhfuil an dualgas breise bheith mar cheannro´ daı´ o´ thaobh na Gaeilge de agus ta´ sin Ms O’Sullivan: It is only fair. comhlı´onta ag Cola´iste na hOllscoile Gaillimhe go dtı´ seo. Ta´ se´ i gceist ag an dream ata´ ann Mr. Gogarty: I agree with Deputy O’Sullivan. faoi la´thair leanu´ int leis ach ta´ mise ag iarraidh go mbeadh se´ i reachtaı´ocht go bhfuil an dualgas Ms Hanafin: Tiocfaimid ar ais do na leasuithe sin. Ta´ se´ ait bheith ag labhairt i nGaeilge ar leasu´ sin aige agus go gcuirfear leis. ´ Cuirfear leis ma´ ghlacfar agus ma´ chuirfear leis ata´ scrı´ofa i mBe´arla, aontaı´m leis an Teachta O Snodaigh air sin. Caithfimid fe´achaint ar an na sce´imeanna ata´ aige gach uile trı´ bhliain nuair mBille seo o´ thaobh an chu´ lra reachtaı´ochta eile ata´ siad os comhair an Aire Gaeltachta. Is rud ata´ ann, Acht na dTeangacha Oifigiu´ la. De re´ir maith e´ go bhfuil a leithe´id de sce´im ann go na reachtaı´ochta sin caithfidh na hinstitiu´ idı´ trı´u´ bhfeicimid cad e´ an dul chun cinn a bheidh ann leibhe´al ar fad a gcuid a dhe´anamh ar son na agus conas mar a chomhlı´onfar ı´. An fhadhb is teanga. Caithfidh siad go le´ir straite´is a leagan mo´ ata´ ann na´ go bhfuil a fhios ag gach duine amach a ra´ cad a dhe´anfaidh siad chun an Ghae- ´ ´ faoina pleananna straiteiseacha a bhıonn ag eag- ilge a chur chun cinn. Ta´ straite´is ag NUIG le rais agus comhlachtaı´ agus b’fhe´idir in ollscoile- plean o´ thaobh an Achta sin. Te´ann an da´ rud i anna, ce´ bhfuil go su´ il agam nach bhfuil an ceart la´mh le che´ile agus mar sin nı´ gha´ glacadh leis na agam; titeann siad ar leataobh agus nı´ shroichtear leasuithe curtha sı´os ag an Teachta O´ Snodaigh na buaic-phointı´ no´ nithe eile ata´ i gceist. Ta´ su´ il because the Official Languages Act already gives agam nach dtarlo´ idh sin. that protection and guarantee. Toisc go bhfuil me´ ag ra´ gur co´ ir go mbeadh Were I to accept amendments Nos. 5 and 10, an dualgas breise sin ag an ollscoil seo go ha´irithe this would lead to a return of the 1929 Act is ceart go mbeadh breis airgid curtha ar lea- because what the Deputy is aiming to do is taobh. Toisc an riail seafo´ ideach againn sa Teach impose certain conditions on the employment of seo nach fe´idir leis an Fhreasu´ ra leasuithe a chur persons to any position in the university. What chun cinn mar gheall ar chaiteachas, nı´ fe´idir linn we are doing here is trying to remove a condition ara´ conas mar a rialo´ far na smaointı´ ata´ againn on employment of persons to the university under no´ na rudaı´ ata´ muid ag cur chun cinn. Bhı´ se´ i the 1929 Act. The direction in which we are going gceist sna leasuithe, toisc go mbeadh dualgas bre- in this case is at the core of the Bill and these ise ag an ollscoil, go gcuirfear airgead sa bhreis ar amendments would be in direct conflict with it. an ghna´th-airgead a fhaigheann se´ ar fa´il. Nı´ raibh me´ just ag caitheamh amach dualgais breise Mr. M. Higgins: Ta´ deacracht faoi Acht na ar an ollscoil go deor na ndeor. dTeangacha Oifigiu´ la cionn is go bhfuil se´ leagtha Is co´ ir du´ inn i gco´ naı´ an me´id chosaint agus is sı´os mar alt gur fe´idir le hinstitiu´ id ar bith iarratas fe´idir a bheith ann don seasamh ata´ ag an Ghae- a chur isteach gan bac leis an dualgas san Acht. ilge san ollscoil seo agus gach ollscoil. Sin an fa´th In other words, the capacity is expressly stated go bhfuil me´ ag iarraidh go mbeadh se´ i in the Official Languages Act, that an institution reachtaı´ocht. involved may make an application to be removed Ta´ me´ ag brostu´ trı´d an stuif seo chun seans a from the obligation that falls on it in regard to the thabhairt do dhaoine eile labhairt air seo. language. That is the difficulty. It is much better if 829 University College Galway (Amendment) Bill 9 February 2006. 2005: Committee and Remaining Stages 830 the commitment in regard to the language is in go mbeimis i gco´ naı´ ag u´ sa´id an leagan Gaeilge the university’s own legislation. When I listened don teideal in Acht. to the arguments put forward on this point I was impressed by the fact that one cannot argue that Amendment put and declared lost. one can run on, as it were, the obligations of the Official Languages Act and say that this deals Amendment No. 12 not moved. with it. What would happen, for example, if at a time in the future a governing authority submit- Mr. Gogarty: I move amendment No. 13: ted an application to be relieved of this obli- In page 3, to delete lines 12 to 18 and substi- gation? That question must be answered. It can tute the following: be answered by strengthening the commitment in the University College Galway (Amendment) “3.—(1) The governing authority of the Bill. That is the issue. College shall ensure that the aims for the operation and development of the College Aengus O´ Snodaigh: Nı´ se´ i gceist go mbeadh set out in each strategic development plan bac ar aon duine ach go mbeadh se´ de chead ag prepared after the commencement of this u´ dara´is an chola´iste an cheist a chur mar ta´ seans section shall include the provision of a wide ann go mbeadh duine ag ra´ go mbeadh idirdhealu´ range of academic courses through the de´anta air toisc gur cuireadh an cheist sa che´ad medium of the Irish language, as well as the dul sı´os, that somebody would be discriminated creation of a functional bilingual communi- against just because the question was on an appli- cation culture within the managerial and cation form, aptitude test or was asked by a administrative practices of the University.”. board. Even though it would not be a restriction, I was not aware earlier that this amendment was it would be the duty of the college in this case. discussed with amendment No. 3 because the My intention was to make sure that the college grouping of amendments had not been circulated was to the fore in promoting the language, that it at the time. I did not indicate I wanted to speak would have a duty just to question at the very on it because I did not know it was coming up. least whether somebody had a language ability. The amendment takes on board some of what groups such as Conradh na Gaeilge were seeking Amendment, by leave, withdrawn. in terms of an amended wording of the proposed legislation. It reinforces the need for the college Amendments Nos. 6 to 10, inclusive, not to put as one of its aims a bilingual communi- moved. cations culture, both within the managerial and administrative practices of the university and in An Ceann Comhairle: Amendments Nos. 11, the provision of academic courses. I do not intend 31, 33, 35 and 37 are related and will be discussed to press the amendment. I will leave it to the together by agreement. Minister to accept or reject it as she sees fit.

Aengus O´ Snodaigh: I move amendment Mr. McCormack: There is a difference between No. 11: this amendment and Fine Gael amendment No. 20. This amendment proposes to delete the main In page 3, line 10, before “The” to insert purpose of the Bill while our amendment seeks the following: to add to the purpose of the Bill. “Acht Chola´iste Phrı´omh-Scoile na Gail- limhe, 1929 and in English,”. An Ceann Comhairle: We are discussing amendment No. 13. Is pointe beag e´, ach ardaı´me´ go rialta. O´ thaobh an sta´das ata´ ag an Ghaeilge mar prı´omhtheanga, Ms O’Sullivan: I wish to speak on amendment ta´ prı´omh-Theideal an Bille seo as Gaeilge, agus No. 13. da´ re´ir sin ba cho´ ir go mbeadh se´ mar rial againn an Teideal a bheith i nGaeilge ar dtu´ s agus ansin An Ceann Comhairle: I will hear Deputy i mBe´arla. McCormack first.

Ms Hanafin: The wording is unnecessary and Mr. McCormack: I wish to point out that while does not add anything to the Bill. the wording is similar to our amendment No. 20, amendment No. 13 proposes to delete the main Aengus O´ Snodaigh: Ta´ an freagra sin tubaiste- section of the Bill, which outlines the whole pur- ach. Ma´ dhe´anaimid ceartu´ ar Bhille i mBe´arla pose of the Bill, while our amendment seeks to no´ i nGaeilge, o´ thaobh gramadach no´ bealach ar add to the strength of what is intended. We do bith eile, cuireann se´ leis an Bille. Is trua nach not seek to delete paragraph 3 but to add to it. bhfuil an tAire ag glacadh leis. Nı´or ghlac aon Aire le seo go dtı´ seo mar nı´ thuigeann siad go Ms O’Sullivan: I will probably not get to speak bhfuil an leagan Gaeilge den Acht chun tosaigh on my amendment so I wish to support the ar an leagan Be´arla ma´ ta´ ca´s dhlı´ ann. Ba cho´ ir elements in Deputy Gogarty’s amendment that 831 Priority 9 February 2006. Questions 832

[Ms O’Sullivan.] Question put and agreed to. agree with amendments Nos. 15, 17 and 23 which I have tabled. An Ceann Comhairle: The Bill, which is con- I welcome the fact the Minister has accepted sidered by virtue of Article 22.2 of the Consti- our proposal to include the word “principal”; that tution as a Bill initiated in Seanad E´ ireann will it would be one of the principal aims of the now be sent to the Seanad. college. I urge her to consider the other two suggestions in amendments Nos. 17 and 23, to Ceisteanna — Questions. insert after the word “education”, the phrase, the provision of education “by, among other means, Priority Questions. the provision of a wide range of courses” at the college, which is also included in Deputy Gogar- ———— ty’s amendment. The intention is to ensure it would not refer to Pension Provisions. the provision of education in general which would not necessarily be interpreted in a robust way. It 1. Mr. Stanton asked the Minister for Social would depend on who was interpreting it. Includ- and Family Affairs the schemes available to ing the phrase suggested would ensure a wide widows or widowers in receipt of pensions from availability of courses through Irish, not just the his Department to enable recipients to re-enter availability of a small number of courses the workforce; his views on an increase in the through Irish. earnings and income disregard, in particular for I have also sought to include the insertion of young widows, many of whom have dependant the following: “and a functional bilingual children and may have been outside the work- communications encouraged”. That is very force for a considerable amount of time; and if he important. I hope the Minister will accept the spi- will make a statement on the matter. [4936/06] rit of all of these amendments and, specifically, the wording of the Labour Party amendments. I Minister for Social and Family Affairs (Mr. thank her for accepting the first one. Brennan): At the end of December 2005 there were just under 124,000 people in receipt of a Mr. McCormack: Before she replies I wish to widow’s or widower’s pension. More than 109,000 ask the Minister if she will be accepting—— of these were getting a contributory pension based on social insurance contributions. There is An Ceann Comhairle: The Minister will not no means test in such cases and therefore the be replying. question of earnings or income disregards does not arise. Mr. McCormack: Is she accepting amendment Of approximately 14,700 persons who get a No. 20, as she appeared to indicate in reply to non-contributory means-tested pension, 12,700 Second Stage? It adds to the strength of the Bill. are 65 years of age or more and 2,000 are under 65. As the Deputy has asked me in particular Aengus O´ Snodaigh: Bhı´ se´ i gceist agam da´ about younger widows, I would point out that mbeadh an t-am ann go mbeadh dı´ospo´ ireacht i fewer than 200 of these are under the age of 50. bhfad nı´os faide ar an cheist seo mar seo ceann In addition, there are just under 1,000 widowed de na ceisteanna mo´ ra eadrainn o´ n phı´osa bhreise people who receive one-parent family payment, seo a bhı´ sa mbunleasu´ a bhı´ an cola´iste ag lorg 500 of whom are under 50 years of age. go mbeadh sin sa reachtaı´ocht agus is trua gur My Department assists and encourages long- fa´gadh amach e´. B’fhe´idir nach mbeadh an raic term unemployed, and other welfare recipients chomh mo´ r sin ar an Bhille ata´ os a´r gcomhair. including persons in receipt of widow’s or wid- ower’s non-contributory pension, to return to An Ceann Comhairle: As it is now 3.30 p.m., I work, training or further education through a am obliged to put the following question in range of measures administered by my Depart- accordance with an order of the Da´il today: “That ment’s social and family support service. the amendments set down by the Minister for One significant measure is the back to work Education and Science for Committee Stage and allowance scheme which incentivises and encour- not disposed of, with the exception of amend- ages people to return to work by allowing them ments Nos. 28 to 30, inclusive, and amendment to retain part of their social welfare payment for No. 38, are hereby made to the Bill, in respect of a period when they take up employment or self- each of the sections undisposed of that the section employment. Widows or widowers who have or, as appropriate, the section as amended is been in receipt of a non-contributory pension for hereby agreed to in Committee, the Title is 15 months may qualify for the back to work hereby agreed to in Committee, the Bill, as scheme when they take up employment. If they amended, is, accordingly, reported to the House, are over 50 years of age or if they take up self Fourth Stage is hereby completed and the Bill is employment they can qualify after 12 months. hereby passed.” Research has shown that up to 80% of partici- 833 Priority 9 February 2006. Questions 834 pants remain in employment or self-employment non-contributory old age pensioners. That is cur- following participation. rently not available to widows on non-contribu- The Department also administers the back to tory pensions. It obviously does not apply to education allowance programme. This prog- widows on contributory pensions because there is ramme provides support to long-term social wel- no means test in that regard. fare recipients who need to obtain educational On the numbers I gave the Deputy in my reply, qualifications before re-entering the labour force. he can see that there is quite a small number A survey in this area has shown that 63% took involved. There are approximately 14,700 widows up employment following participation in the who get a non-contributory pension, 12,700 of scheme. whom are over 65 years of age and approximately In 2005, \2.8 million was accessed through the 2,000 of whom are therefore under 65. special projects fund administered by my Depart- The Deputy asked about younger widows. As ment and \2.1 million from the family services I pointed out that approximately 200 of them are project fund to support similar initiatives. under 50, we are not dealing with large numbers As part of a determined drive to increase of recipients. Particularly because of that, I have opportunities for widows and widowers on asked the Department to examine whether that means-tested payments, and for lone parents, to \100, which is currently available for non-con- engage in employment, the upper earnings tributory old age pensioners, could be extended income for the one parent family payment was to widows on non-contributory pensions because substantially increased in the recent budget by widows on non-contributory pensions are on the \82 per week to a new limit of \375. Widows and old disregard of \7.60 and it would make sense. widowers will be able to maximise their income It was not provided for in the budget arithmetic from different sources as the means test makes and therefore I must see how expensive it would provision for the exemption of significant levels be and whether I could meet it from within my of earnings. existing resources. My suspicion is that I probably On employment, lone parents, including could meet it from those resources, given the widows and widowers, may earn up to \146.50 small numbers involved. per week without it affecting their payment. I will take a close look at that because it is only Above that level, half of any earnings are fair that we should not reduce the non-contribu- assessed as means, up to a maximum of \375 tory pension of a widow — or widower, although per week. I refer to a widow in particular — who wishes to From 30 June 2006, persons whose earnings work to earn further income. The \100 to which have risen above \375 per week may be entitled I refer would be useful in that regard and I will to half of their payment for up to 26 weeks. return to the Deputy on that matter. In recent Additional information not given on the floor of days I have asked that the matter be examined. the House The Deputy asked about the lone parent The increased income limit will allow several review. The Cabinet has now approved the thousand people become eligible for a payment report. There are two reports, in fact, which we for the first time. are putting together in one document. This report While I am satisfied that these improvements will be made available for public discussion constitute a significant support to widows, partic- within a couple of weeks. Over the next few ularly those who are re-entering the workforce, I months we will try to make solid progress in this will continue to keep the matter under review. area. The Deputy asked about barriers to availing of Mr. Stanton: I thank the Minister for that FA´ S courses. I know of no barrier to widows or response. Does he have plans to introduce an widowers accessing FA´ S courses. Some courses earnings disregard for young widows similar to obviously involve age requirements. Particular the one introduced for those age over 66? Could careers, training and skills that might not be suit- he introduce a tapered withdrawal, a half-rate able for older widows would be suitable for payment of benefit for widows, similar to that younger ones, but I am not aware of any part- applicable to the one parent family payment? Is icular discrimination against widows or widowers there a barrier to widows or widowers on contri- in the case of FA´ S courses. bution pensions doing FA´ S courses? A woman who came to see me recently stated she was not Mr. Stanton: There is one other point. Is the allowed take up a FA´ S course while she was in Minister aware that the CDA part of the con- receipt of widow’s contributory pension. I tributory pension is taxed and that there seems to thought that was strange. Would the Minister be an anomaly in that regard? Could he raise the clarify the matter? When will we see the publi- matter with his colleague, the Minister for Fin- cation of the promised lone parent review ance, to ensure that does not happen? It is given because that will also take into account the posi- particularly to assist with the rearing of children tion of widows? and it seems strange that it is taxed. I understand that the Garda one is not taxed because it is Mr. Brennan: I am considering the extension of maintenance, whereas this is seen as an increase. the \100 which we introduced in the budget for Perhaps the Minister might look at this area. 835 Priority 9 February 2006. Questions 836

Mr. Brennan: Is the Deputy talking about the fare local offices. The benefits of administering CDA being added on to the contributory pension these claims at local level are already evident as and being part of the contributory pension? the average processing time for claim applications has dropped from 16 weeks to an average of Mr. Stanton: Yes. seven weeks since the change. Some 17,000 claims for the one-parent family payment are received Mr. Brennan: The contributory pension is not each year — equivalent to 330 per week on taxed as such but if it is added to other income average. which takes one above the threshold of tax allow- As part of the preparations for moving the ances, then it is taxed. Perhaps that is what is hap- administration of the one-parent family payment pening in this case. CDAs are not taxed as scheme to local level, some 44,000 one-parent such—— family payment customers who prior to this were paid by means of an order book will, from the Mr. Stanton: That is correct but when it is middle of this month, collect their payment in added on, it is. post offices by using their social services card. Under this system, the payment should be col- Mr. Brennan: ——but if it is added on to other lected by close of business on the Tuesday follow- income, I could see how it would fall into the ing the Thursday payday. If the payment is not income net. I will take a look at it but I suspect collected by then contact should be made with the answer is as I stated, that if the total income the Department. If the customer has been unable from whatever sources — one’s welfare and non- to collect the payment, for instance due to illness, welfare income added together — brings one work commitments, holidays etc., arrangements over the limit, then one pays tax on the com- are made to have the payment reissued. bined figure. Additional information not given on the floor of Social Welfare Benefits. the House. 2. Mr. Penrose asked the Minister for Social This payment method has been in operation for and Family Affairs his views on whether it is certain one-parent families for some years. intended to introduce a new social services card Approximately 6,000 one-parent family payment for lone parents that will require the holder to customers receive their payment weekly using collect lone parent payments between Thursday this payment method and they are generally satis- and the following Tuesday and that if this is not fied with the arrangement. done, the payment will be forfeited; if his atten- My Department has written to each lone tion has been drawn to the difficulties that this parent customer advising him or her of the could create for lone parents who are ill or away change of payment method. In addition, a meet- for a few days; if this decision will be reviewed; ing took place with lone parent representative and if he will make a statement on the matter. associations at which the matter was discussed. [4760/06] Although existing customers on this payment method are satisfied with the system, I have Mr. Brennan: The one-parent family payment asked my officials to review the situation regard- is the income support scheme for separated, ing the period for collection of these payments unmarried and widowed persons and also for with a view to extending it if possible. Any cus- prisoners’ spouses bringing up a child or children tomer having difficulty with collecting the pay- without the support of a partner. At the end of ment every week can contact the one-parent December 2005, the total number of one-parent family payment section in the pension services family recipients being paid by my Department office in Sligo which provides advice on a range was 83,066, including 906 widowed persons. of other payment options. Under the scheme, lone parents are encouraged to maximise their income from different sources Mr. Penrose: The Minister said that several and the means test for this scheme provides for reports in his Department have been put together the exemption of significant levels of earnings and will be subject to ongoing review. Why start and maintenance payments. making unilateral decisions without consulting Following a review of the arrangements for any groups representing lone parents? This may administering the scheme, it was decided that represent another obstacle or hurdle to vulner- services should in future be provided through my able people. What happens if somebody falls ill Department’s local offices. The primary aim of on a Thursday morning and cannot go in to col- providing services at local level is to improve cus- lect his or her money and is in hospital until the tomer service by reducing claim processing times following Wednesday? Does the Minister not through closer linkage with the local officer net- agree that the old book system, which allowed work. This also brings lone parents into direct people three months to cash the payment, contact with my Department’s employment sup- enabled them to deal with such a problem or go port services. on a vacation? My Department processes new applications for This change is designed for administrative sim- the one-parent family payment at 36 social wel- plicity at minimum inconvenience to the bureau- 837 Priority 9 February 2006. Questions 838 crats but maximum inconvenience to the unfortu- security and with dignity of all of our people. nate people depending on this measly sum. This There is no quick fix for the problem that almost is a retrograde step. I ask the Minister to recon- half the country’s workforce of 2 million people sider it. Would it not be better to give people the do not have personal pensions. Ireland is not option to use a book order or the electronic unique in having a future pensions problem. All system? That would take cognisance of the around the world, governments and societies are situation I have outlined. grappling with the impending crisis of a popu- I did not know this was happening until lone lation structure in which older people far out- parents contacted me. They feel this places number younger workers. Ireland’s response to another obstacle before them. It seems to be con- the challenges and opportunities posed by this sistent with some of the policies emanating from rapid social, economic and demographic change the Minister’s Department which says one thing will influence the future shape of our society for but does another to create further impediments decades to come. for people. The national pensions review, which was pub- lished on 17 January, is a comprehensive review Mr. Brennan: This new arrangement is a result of our pensions system, including the appropri- of the localisation of the payment of one-parent ateness of the targets we have set for ourselves family allowances which has reduced the pro- and how we might make progress towards these cessing time from 16 weeks to seven weeks. When in the future. Reforms are required if we are to preparing my response to the Deputy’s question reach our targets and the debate is about how we I read the background material, including the cir- will do this. The Pensions Board has recom- cular that issued about this change. It states that mended enhancements to the existing voluntary payments will be in the post office on Thursday system as the way forward. We may, however, and must be collected by Tuesday. I have need to consider much more radical measures, instructed the Department to re-examine that urgently and instructed that a period of two including a mandatory or quasi-mandatory weeks at least be allowed. It is not clear whether system. This gives rise to some fundamental I can do this but I will know within a week or two issues which, as a society, we need to debate. if it is technically possible to do so. For that reason, I intend, with the co-operation I appreciate the Deputy’s raising the matter of the Pensions Board, to convene a national and agree that the stated period is too short. This forum to debate the central issues and to hear constraint already affects people on unemploy- the view of all stakeholders on the way forward. ment assistance and benefit and the computers in Planning for the forum is advancing and, subject the post office network are set up on this basis. to the availability of keynote speakers, I hope it That is why the change was made. It was not to will take place within the next two months. I will inconvenience anybody. I give an assurance that invite public representatives, social partners, no lone parent will be without his or her funds industry representatives and those representing for any period while we go through this process. the interests of pensioners. While the main pur- Electronic funds transfer is available to people in pose of the forum is to hear the views of stake- the welfare system and an increasing number of holders on the conclusions of the national pen- people avail of it. They find it secure and easy sions review, I also intend to invite speakers to to manage. outline major reforms proposed or undertaken in I ordered that review in recent days and specifi- other countries. cally proposed that we push the time limit out to The Government and I will continue to show two or three weeks, but probably not much leadership and to keep pensions firmly on the beyond that. Even within the existing period the national agenda. In time, the Government will funds do not disappear. One must make other reach conclusions on the various proposals and arrangements to collect one’s money because it seek to achieve consensus on how best to lay cannot languish indefinitely in the post office. down the foundation for the future retirement security that we want all to enjoy. I hope the pro- Mr. Penrose: I thank the Minister and assure posed forum will help us in that process. him that the flexibility he suggests of even a couple of weeks would be very welcome. Mr. Boyle: Where stands the Government’s pension policy? The report of the Pensions Board Pension Provisions. made recommendations that the Minister did not 3. Mr. Boyle asked the Minister for Social and want to hear. Some of the recommendations, Family Affairs his plans to establish a national bizarrely, seem to increase inequality in pension forum to debate the issues raised in the recent entitlements. The forum, which might have a national pensions review report; and the parties value in itself, will meet and report while at the which will be included in such a forum. [4762/06] same time the Pensions Board is being reconsti- tuted and going through the same process it went Mr. Brennan: One of the most important policy through in the review. When will the discussions challenges facing this country and this generation and debates finish and the recommendations is the foundation for the future retirement in come to a head and be acted upon? These are 839 Priority 9 February 2006. Questions 840

[Mr. Boyle.] National Economic and Social Forum Report. decisions that will need to be made in the short 4. Mr. Stanton asked the Minister for Social term by this or any following Government. and Family Affairs his views on the recent NESF Report No. 33, Creating a More Inclusive Labour Mr. Brennan: I have said many times that these Market (January 2006) which highlights the ever are major inter-generational questions and I do increasing inequality of society here; his views on not believe there is any quick fix for them. We the findings of the report; the action the Govern- are trying to begin a process that will allow for ment intends to take as a result; and if he will decisions to be made as quickly as possible. I have make a statement on the matter. [4937/06] not delayed on this and I brought forward the national pensions review by a year. The review Mr. Brennan: Since its establishment, the produced a raft of proposals within a few months, National Economic and Social Forum gave con- many of which are being considered by the siderable time and consideration to labour Government. It made proposals about SSIAs, market issues. PRSAs and the retirement age. Some of these proposals have significant tax implications and I welcome this latest report by the NESF which some have almost philosophical implications. For provides a significant and timely contribution to instance, there is a view that the State has no consideration of labour market strategies. The business enforcing mandatory pensions on any- report covers a breadth of issues and the impli- one while the counter view is that a just society cations extend way beyond the social welfare should provide mandatory pensions. The Govern- system to include local partnership-based stra- ment decided to publish that report. I will shortly tegies, labour market and social inclusion call the national forum to hear international measures and structures, make work pay policies, views from speakers from around the world and the national employment services, workplace then try to pull the debate together with concrete strategies and progression of low-skilled workers. proposals in the course of this year. The Government recently noted the contents I do not wish to give the impression that there of the report and agreed that it would be con- is a quick fix solution. Half the population does sidered by all relevant Departments and agencies, not have pensions. The question is how far any and also by the senior officials group on social Government should go in insisting that pensions inclusion, chaired by the Department of the are provided. Tax reliefs of more than \2.7 billion Taoiseach, in the context of wider labour are currently available. The budget proposed a market issues. scheme for people to take their money out of The report recognises that the market place is SSIA accounts and invest it in pension funds on the main force in determining the quantity and a once-off basis. The pensions issue is on the quality of work available. However, this report national agenda in a way it has not been for many highlights the existence of labour market vulner- generations. This is a good chance to bring it to ability for many seeking work and within the fruition which is what I hope to do this year. workforce and identifies a number of interacting factors which may create this vulnerability for Mr. Boyle: Will the Minister accept that follow- individuals and groups of people, even in today’s ing the budget measures the situation is now tight labour market. more confused with the Government taking short The report notes that more than \1 billion of term measures that may cause problems in the State funding is being spent annually on measures long term? There is no certainty about the long- aimed at helping people into work and tackling term decisions to be made by him and the problems associated with labour market vulner- Government. ability. This encompasses the work of a number of Departments, including the Departments of Mr. Brennan: The budget decision was very Enterprise, Trade and Employment and Edu- practical because the SSIAs are coming to cation and Science, as well as my Department. maturity so the Government needed to move To improve upon how this spending meets its quickly to make it clear there was an alternative objective, the report recommends that a national for those taking money out of an SSIA. The alter- strategic framework should be developed to native is that if \7,500 of SSIA money is invested provide better opportunities in this area. This in a pension fund for retirement purposes, the would ensure coherence and integration in a co- State will donate \2,500 on top of that, being a ordinated response to improve access to employ- cash payment to top up the \7,500. This means it ment, training and education and to finding will be possible to put \10,000 out of the pro- better quality jobs on the labour market. A more jected \20,000 from an SSIA account into a pen- integrated strategic framework would be useful. sion fund. This will be a once-off payment The report makes a number of specific recom- because the SSIA money is once-off. The pension mendations with regard to the future direction board review has recommended a version of this and administration of social welfare employment proposal to become a permanent feature and this supports and the family income supplement will be decided upon in the course of the year. scheme. My Department is considering these as 841 Priority 9 February 2006. Questions 842 part of the overall Government response to the the by-products of a society that is becoming report. wealthier. I find the comment that there is less equality Mr. Stanton: Does the Minister note that the of opportunity a little harder to handle. Apart report also said the \1 billion could be spent from any empirical evidence, there is evidence all more effectively? Does he agree with the report around of the massive opportunities, including for when it states there is now a wealthier but more people who find themselves in vulnerable posi- unequal society than ever before? The report tions. They can avail of back to work and back records that the richest 20% of the working age to education allowances, FA´ S training schemes, population earns 12 times as much as the poorest family income supplements and more than 36 20%, that there is less equality of opportunity in different schemes over eight Departments with \1 Ireland than in many other European countries billion targeted to help people get back to work. and this has changed little over the past decade, The statistics show this has been quite successful. that 14% of households in poverty are headed by We have managed to activate thousands into an unemployed person, a rise of 7% since 1994, work and back to education. I therefore take that Ireland ranks 51 out of 56 countries in terms issue with that section of the report. of equality of economic opportunities for women and has one of the highest penalties in pay Mr. Stanton: Will the Minister agree with the reduction associated with motherhood and that point made in the report that poverty traps are 13% of Irish people are early school leavers with the main problem and that they are being created an employment rate of 18% and 63% for Travel- by the too-rapid withdrawal of a person’s second- ler children. Only one third of those entitled to ary benefits when taking up employment? This the family income supplement apply for it has been exacerbated by the growing complexity whereas a similar payment in New Zealand has a of the means tested benefit system and lack of 92% take up. indexation of household means tested income dis- Will the Minister not agree that this report is regards before secondary benefits are lost. Has an indictment of Government policy to date and the Minister any intention of examining these that its policy has failed on many fronts? Can he issues and taking action as a result of his name one action he will take to follow any of the examination? recommendations in this report to address these matters? Mr. Brennan: This is being undertaken. We are fully committed to tapering as opposed to Mr. Brennan: I have begun to implement the immediate withdrawal of any allowance. Taper- report’s recommendations by substantially ing was introduced in the recent increasing the family income supplement 4 o’clock budget in a dramatic way and I will payment—— continue the practice. The Deputy would not be very enthusiastic about indexation Mr. Stanton: They are not taking it up. if he considered it further. If welfare benefits were to be indexed to inflation or even to wages, Mr. Brennan: ——in the recent budget. I will the recipients would be worse off. For example, announce within the next weeks a major media child benefit has doubled in approximately four campaign on radio and television and in the news- years and no indexation would have increased it papers to promote the family income supplement. to that extent. I know it is a neat argument for I have recently agreed a departmental budget to discussion but I think they are doing better with- promote the family income supplement which out formal indexation. provides quite an assistance top-up to family income. It is aimed at those on low incomes and Social Welfare Benefits. I acknowledge the take-up is not satisfactory. For 5. Mr. Penrose asked the Minister for Social that reason I have requested that everybody on and Family Affairs the reason his Department low income be communicated with directly by the continues to treat joint bank accounts as income Department to bring the scheme to their for the purpose of assessing entitlement to a attention. qualified adult allowance; if his attention has I do not agree with the concept of there being been drawn to the fact that such treatment can less equality of opportunity. I agree that society sometimes mean that pension lump sums and is more unequal. redundancy lump sums when saved in a joint account are assessed as income for the qualified Mr. Stanton: The rich are getting richer and the adult allowance; his plans to change this practice, poor are getting poorer. as requested by the senior citizens’ parliament; and if he will make a statement on the matter. Mr. Brennan: There is a plethora of BMWs and [4761/06] mercs floating around this town and in the coun- try generally because people are well-off. There Mr. Brennan: I consider that the current is new wealth which can get in one’s face and be arrangements concerning entitlements to a quali- fairly gaudy and a bit flash at times. It is one of fied adult allowance are reasonable in the circum- 843 Priority 9 February 2006. Questions 844

[Mr. Brennan.] Mr. Penrose: I thank the Minister for his stances, particularly having regard to a number of detailed and comprehensive reply. He is aware important improvements I introduced in budget that this proposal emanated from the senior citi- 2006. zens’ parliament, which is deeply concerned As the Deputy is aware, in the case of contribu- about it. That group has articulated a number of tory pensions and most other contributory and significant issues concerning the elderly who have non-contributory social welfare payments, a served this country well. We should therefore pay qualified adult allowance, QAA, is payable in particular attention to the matters raised by the respect of a spouse or partner who is wholly or group. mainly maintained by the claimant. In a number of cases, spouses were fully Account is taken of the spouse or partner’s deprived of the adult dependant allowance simply income for the purposes of determining whether because the husband — in most cases, although it the spouse is wholly or mainly dependent. A could be the wife in other cases — invested a spouse or partner’s income includes income from lump sum in the joint names of himself and his employment, self-employment, income from wife, which he had received due to redundancy, other sources such as rents from the letting of early retirement, severance or a commuted lump property, income from occupational pensions and sum. These payments, which are made in lieu of foreign social security payments, as well as wages, salaries or pensions foregone, have been income from capital. subject to tax provisions. They are clearly ident- Where capital is in the joint names of the claim- ifiable as a result of the man’s employment so this ant and spouse or partner, both parties are the is not something that is mixed into a basket of legal owners of the capital. As a result, in such items which the Minister is unable to identify or cases, my Department assesses half the capital trace. The documentation and back-up is there to against each, as the Deputy knows. Prior to make them easily identifiable. The investment of budget 2006, a qualified adult allowance at the this type of lump sum in joint names is made maximum rate was payable where the spouse- \ purely for easy withdrawal in the event of the partner’s income was less than 88.89 per week death or incapacity of the other party. The and tapered reduced rates were payable where Department’s interpretation is that a spouse in income was greater than that but less than \220 this situation is deemed to be the owner of half per week. A qualified adult allowance was not the value of the lump sum, as the Minister said, payable where income exceeded \220 per week. which can place her above the level at which she On budget day, as part of my reform prog- can qualify for the adult dependant allowance. ramme, I was pleased to announce a number of I acknowledge that the Minister has increased further improvements to these means testing that level significantly. He has stated that before arrangements, including an increase in the spouse’s income threshold for entitlement to the losing the full allowance, a pension or redun- \ \ dancy lump sum, lodged in both names, would qualified adult allowance from 88.88 to 100 a \ week. This improvement comes into effect on have to be in excess of 116,000. The senior citi- different dates, depending on the scheme, during zens’ parliament considers this to be both unjust the course of 2006. Another improvement to the and illegal. Under the Building Society Acts the means testing arrangements features an increase first person named on a joint account is deemed in the upper threshold for entitlement to a tap- to be the sole owner of the account. This was the ered rate of QAA to \240 with effect from case even where mutualisation occurred. The January last, and to \250 when the lower thres- people we are concerned about are likely to be hold increases to \100. spouses who remained at home to nurture and When these improved arrangements are in care for children and looked after the home while place, and assuming that the spouse-partner has the man was the sole wage earner. That was the no other means, a full rate QAA will be payable case in the old days, although it is not so much where the spouse has capital of up to \58,000. the case now. It is likely to apply to women who Capital between \58,000 and up to \95,000 will were forced to leave employment when they got give entitlement to a reduced rate of QAA. This married, under the terms of the marriage bar. will mean that a pension or redundancy lump This issue does not apply to people who are on sum, to which the Deputy’s question refers, contributory old age pensions or spouses who lodged in joint names, would have to be in excess have independent means through inheritance or of \116,000 before it would affect entitlement to other resources. I ask the Minister to review the a full rate qualified adult allowance. situation in the context of people who are being If at any time the amount of capital held by deprived of something, although in legal terms it the spouse or partner, either jointly or singly, is is not strictly theirs, because of a rampant process reduced, they can request my Department to of imputation in the Department. The Minister’s reassess their entitlement to a QAA payment. Department tends to impute matters without The provisions I have outlined offer substantial examining their background, which is an account- flexibility to those couples where a pension or ant’s way of dealing with them. This issue should redundancy lump sum is a factor, but the matter be reconsidered in the interests of fairness and will be kept under review. equity to ensure that, in normal circumstances, 845 Other 9 February 2006. Questions 846 those people will get that to which they are Time Carers; and if he will make a statement on entitled. the matter. [4715/06]

Mr. Brennan: If the Deputy is asking me to 19. Mr. Stanton asked the Minister for Social review it—— and Family Affairs the services, supports and programmes his Department has in place to assist Mr. Penrose: Yes. young carers under the age of 18 years; and if he will make a statement on the matter. [4663/06] Mr. Brennan: ——I will certainly do so. Now that he has raised the matter, I will have it moni- 41. Mr. S. Ryan asked the Minister for Social tored. There is, however, substantial flexibility and Family Affairs his views on the recom- here. If there is a joint account, say, from a redun- mendations of the NESF report Care for Older dancy or pension lump sum, and a couple is People for which his Department has responsi- involved, one of whom is in receipt of a qualified bility and in particular the recommendation of a adult allowance, they will have the choice of lodg- broad-based group to develop a national strategy ing the lump sum in their joint names or to one for carers; and if he will make a statement on the person. If they lodge it to one person, it will not matter. [4698/06] be accessible and does not affect the other person who will get the qualified adult allowance even if 46. Mr. English asked the Minister for Social the spouse has over \116,000 in his or her and Family Affairs the financial supports in place account, because that would not be counted. If, to help carers who are under 18 years of age; and on the other hand, they put the lump sum into a if he will make a statement on the matter. joint account, the rule is that we assess half of [4657/06] that as the means of the person who is seeking the qualified adult allowance. They may be disbarred 49. Mr. Kehoe asked the Minister for Social from it for that reason. and Family Affairs if he has held discussions with In short, there is no reason for any couple not the Department of Health and Children on the to use the flexibility that is there. They can development of a national strategy for carers as choose to put the money in the name of one per- recommended by the National Economic and son or in both names. If they choose the latter, it Social Forum report Care for Older People, 2006; may affect their benefits but if they put it in one and if he will make a statement on the matter. name, it almost certainly will not affect their [4665/06] benefits. Therefore, it is fairly logical what advice they should be given. Unfortunately, there are 68. Mr. Hayes asked the Minister for Social and dotted lines to this in the whole legal area of pro- Family Affairs the services and supports, financial bate, to which the Deputy has referred. and otherwise, his Department provides for young carers in the 15 to 17 year age group, in Mr. Penrose: It is a complicated matter. particular those who have left formal education to take up full-time care duties; and if he will Mr. Brennan: I suspect that it is complicating make a statement on the matter. [4662/06] life somewhat for them. 72. Mr. Hogan asked the Minister for Social Mr. Penrose: Yes, it is. and Family Affairs, further to discussions with the Department of Health and Children and the Mr. Brennan: I will monitor the situation but development of a national strategy for carers, if there is sufficient flexibility there for a lump sum he expects to have the strategy operational within not to be the cause of ruling out a person getting the next 12 months as recommended by the a qualified adult allowance, which was the NESF report No. 32; and if he will make a state- Deputy’s main concern. As I said in my initial ment on the matter. [4664/06] reply, if they have it in a joint account and wish to reassess that and split it up, we will certainly 138. Mr. Durkan asked the Minister for Social co-operate with them. and Family Affairs his plans to extend the carer’s allowance to the much wider group caring for Other Questions. relatives thereby supporting community care as opposed to institutionalisation; and if he will ———— make a statement on the matter. [4906/06] Mr. Brennan: I propose to take Questions Nos. Social Welfare Benefits. 6, 19, 41, 46, 49, 68, 72 and 138 together. 6. Ms McManus asked the Minister for Social Supporting and recognising carers in our and Family Affairs the steps he has taken or plans society has been a priority of the Government to take to implement the recommendations con- since 1997. Over that period, weekly payment tained in the report of the Joint Committee on rates to carers have been greatly increased, quali- Social and Family Affairs, the Position of Full- fying conditions for carer’s allowance have been 847 Other 9 February 2006. Questions 848

[Mr. Brennan.] still receive a carer’s allowance, carer’s benefit or significantly eased, coverage of the scheme has respite care grant from ten to 15 hours per week. been extended and new schemes such as carer’s I am also extending the duration of the carer’s benefit and the respite care grant have been benefit scheme from 15 months to two years. The introduced and extended. duration of the associated carer’s leave scheme I have examined closely the Joint Committee’s will also be extended to two years. Report on the Position of Full-Time Carers, In line with the Government commitment to which was published in November 2003. This expanding the income limits for the carer’s allow- valuable report makes a range of recom- ance so that all those on average industrial mendations, many of which relate to my Depart- incomes can qualify, I am increasing the weekly ment and a number of which concern the Depart- income disregards to \290 for a single person and ment of Health and Children. In response to the to \580 for a couple from next April. This means committee, which stated that the greatest need that a couple with two children can earn up to identified by family carers is the need for a break \32,925 and receive the maximum rate of carer’s from caring, I made provision to improve and allowance while the same couple can earn up to extend the respite care grant as follows. Provision \54,400 and receive the minimum rate of carer’s was made in 2005 for the extension of the grant allowance, free travel, the household benefits to all carers who are providing full-time care to a package of free schemes and the respite care person who needs such care regardless of his or grant. her means. The grant is now being paid in respect Carer’s allowance is payable from the age of of each person receiving care. Most recently in 18. I recognise that special help, advice and sup- budget 2006, provision was made to increase the port is essential for young carers who care for a amount of the respite care grant from \1,000 to parent and, in particular, that services must be \1,200 from June 2006. To date, over 34,000 res- put in place to support the household and ensure pite care grants have been paid by my Depart- young carers remain at school. These include the ment and applications for the grant continue to services of home helps, public health nurses and be received. home care packages generally, which are a matter The committee’s report also recommends the for my colleague, the Ta´naiste and Minister for development of a national strategy for family Health and Children. There was a significant carers, as does the recently published report of increase in the funding for these services in the the National Economic and Social Forum entitled recent budget. Care for Older People. The Carers Association I am always prepared to consider changes to published a strategy document entitled Towards existing arrangements where these are for the a Family Carer’s Strategy. This is a focused docu- benefit of recipients and financially sustainable ment with clear objectives and actions covering a within the resources available to me. I will con- range of areas and Departments. tinue to review the issues raised by the Oireachtas The issues raised in the NESF report and in the joint committee and other bodies representing carers association’s strategy were included in the carers and I will continue to strive to bring for- deliberations of the long-term care working ward, in as tangible a way as I can, proposals that group. The report of this working group is being recognise the valued and valuable contribution considered by the Government. However, work which carers make to the country. has already commenced in implementing the recommendations of this report with the Mr. Penrose: I thank the Minister for his reply announcement in the budget for 2006 by the and I acknowledge that he has made some move- Ta´naiste and Minister for Health and Children ment on the report on carers by the Oireachtas of \150 million in funding for 2006-07 for home joint committee. However, this is like a chicken support packages and other community-based in a trough, picking up an odd piece of oats, or services. like taking any crumbs that fall from the rich The report also influenced the social welfare man’s table. budget package in which I announced significant Carers save the State \2 billion. That is incon- improvements in supports for carers. These trovertible. Nevertheless we claim credit for include the largest ever increases in the rates of throwing them an extra \25 or \30. That is pick- payment to carers. The rate of carer’s allowance ings from the rich man’s table. It is time we increased by \26.40 to \180 per week for a carer implemented the carers’ strategy. The Minister’s under 66 and the rate for carers over age 66 predecessor ruled it out, but we have seen a few increased by \30.20 to \200 per week, making it caring bones in the current Minister. It is time he the largest single welfare support payment in the accepted the carers’ needs assessment Bill which State. The rate of carer’s benefit increased by \17 we brought to this House. to \180.70 per week. These represent increases of We talk of crossing the Border and of equality more than 17% for recipients of carer’s allowance of treatment, but if the Bill is good enough to put and serve to acknowledge and support the invalu- on a statutory basis in Northern Ireland, why is it able work of our family carers. not good enough for this State where 150,000 In addition, from June this year, I am increas- carers work on the cheap for the minimum wage? ing the number of hours a carer may work and That is what we give them. We treat them with 849 Other 9 February 2006. Questions 850 disdain and do not give them the recognition their Is it better for me to do what I did with the \53 work deserves. We underestimate the physical million in the recent budget — raise the carer’s and emotional demands of caring for a relative or allowance by \30 to \200, the highest of all wel- friend who is ill or disabled. We hear all about fare allowances? Am I to increase the respite care this on radio programmes at our clinics. grant, which is not means-tested and is received The Minister has made some advances but it is by more than 34,000, to \1,200 and increase the time to do more, to do what the Labour Party has disregard, which would benefit people on sub- demanded: abolish the means test, simplify the stantial incomes by allowing for an income of up system, acknowledge the role of carers in this to \58,000 to be disregarded? Are we better off society, and acknowledge that they each save the investing the funds in that way — increasing the State \600 or \700 per week by caring very well payments and disregards — or to sweep aside the for people in their homes. The Minister must means test and pay the grant willy-nilly to every- acknowledge that people want to stay in their one, irrespective of income? home environment where possible. Let us give So far I have taken the view that fairly \200 to anyone who is at home looking after dramatically increasing the disregards, taking an such people. increasing number of people into the net and We have identified those caring for 15 hours allowing people to earn more money before we per week or more. The Minister has set the par- refuse them the carer’s allowance represents the ameters for the respite care grant. He has laid the better way forward. It is worth noting that a mere four years ago, the expenditure in this area was foundation. Now, it is simple to identify the \ \ people giving that number of hours. Now is the 99 million and is now 220 million. Accordingly, time to tell them that society has hitherto let there is a substantial investment by the taxpayer, them down, to ask them to forgive us our tres- with 25,000 people receiving the allowance. I have an open mind on removing the means test. passes and failings, and to promise them some The issue for me is one of fairness and equity, small share in the wealth of this country. whether it is a decent thing to remove a means I am sure some of the frequenters of the test and pay taxpayers’ money to people on very Galway Races tent would like to salve their con- high incomes who do not need it and can make sciences by ensuring those who are less well off, other arrangements. who spend 24 hours a day, seven days a week, 52 weeks a year except for a little respite care, which Mr. Stagg: As with the children’s allowance. is minimal, have access to their drippings of wealth to care for people who have saved this Mr. Brennan: Yes, that is how the child benefit country many billions. Meanwhile, many other operates. I am interested to see the argument for people flee this country to save money and tax removing the means test should come from the while carers are at home, saving the country Labour Party benches. It would normally come many billions. It is time we recognised them. from other quarters. I have an open mind about it. The question for me on the \140 million is Mr. Brennan: The cost of removing the means whether to target it and increase the amount of \ test for carers’ allowances stands at 140 million. money for the disregards and respite care down the line or spread it thinly across everybody. That Mr. Penrose: Chickenfeed. The Minister is a debate to which I will listen this year in the should go for broke. He will be a hero. course of preparing for next year’s budget.

Mr. Brennan: I tried that before and it did not Mr. Stanton: We will all be interested in getting work. involved in the debate. I will ask the Minister to focus on young carers, to whom he alluded very Mr. Penrose: Shame on the Taoiseach if he briefly in his response. Does he agree with were to remove the Minister for taking that research carried out by Barnardos in 2004 stating action. that there are up to 3,000 young carers caring for various degrees of time, some as much as 14 Mr. Brennan: This is an interesting debate hours per week, but more than 200 carers caring which I do not mind having on the floor of the on a full-time basis? Does he agree that this can House, and I have an open mind. This year, by affect the young person’s future prospects and means of the budget, I am spending \53 million lead to feelings of sadness and isolation, and on carers. Arguably, I could have said I would create difficulties in making friends, for example? not spend that money on carers and remove the Does the Minister know of or intend to com- means test instead. However, that would have mission research into this area and the impact of meant people on very high incomes being entitled caring on young carers’ lives? Has any research to carers’ allowances. That may be justified from been carried out by the Government into this the point of view of keeping people out of nursing area? Is he aware of research carried out by homes, and that is a debate we should perhaps Dearden and Becker in 2002, which stated: have in the House or at a meeting of the joint “Where support services and family income are committee. adequate, children will not usually adopt a caring 851 Other 9 February 2006. Questions 852

[Mr. Stanton.] were, to encourage that number to grow. I share role”? Does the Minister agree that this is a sig- the awareness of this fairly substantial societal nificant problem for many families, young people issue with the Deputy and have asked the Depart- and children and that it has, until now, been ment to examine it. largely ignored by the Government? Is it true that carers who are younger than 18 Mr. Stanton: When will we see action in this years of age are not eligible to receive carers area? This report was published in 2004. We have allowance? They would not have made enough had several discussions on this matter in commit- PRSI payments to receive carers benefit. As an tees, including last year with the Minister, but I interim measure, will the Minister examine the have yet to see action. prospect of reducing the age restriction for carers It is a serious matter for the young people allowance to allow some of these carers to get involved and I welcome the Minister’s acknowl- something for their work? Does he agree this hid- edgement of that seriousness. The Minister den problem needs urgent attention and that it is should give himself a target, a benchmark for not enough to just talk about giving help and action from the Department. Will the Minister advice without giving major support? What help raise this matter at the Cabinet as one that must and advice are they getting? Until now, it appears be examined? It is wrong for young people of that that they have not got very much. age to be forced to care for elderly relatives, Is the Minister aware that young carers are parents and siblings in some instances. Action is losing out on education in many instances? They needed urgently. cannot go to school or, if they can, they are wor- ried about the persons at home who need care Mr. Brennan: I will press on with the issue as and who they are leaving behind. They must take quickly as I can. The Deputy and Barnardos have time off from school, leave early and so on. Up highlighted it, but the answer is not simple. I am to 3,000 people are involved to some degree, a not in favour of paying carer’s allowance to possible 200 full time and 300 for almost half of these people. their time. Mr. Stanton: That is only a stopgap. Mr. Brennan: I thank Barnardos for its Mr. Brennan: I agree. The issue, therefore, is research in this area. I agree with the Deputy that determining how to ensure that they get to school we must examine this matter closely. Carer’s and the persons they are forced to care for are allowance is not paid to anyone under the age of cared for in some other way. 18 years. As the Deputy stated, a couple of hun- dred people are involved full time. I would not Mr. Stanton: That is more important. quibble with that figure as it sounds about right. I do not know whether there are 3,000 part-time Mr. Brennan: We could care for them by put- young carers but I have asked my Department to ting them in residential care or organising home examine Barnardos research and determine help for them. It is a joined-up Government issue whether we can reach a meeting of minds. and I will put some pressure on. We must consider another issue. The carers allowance could be extended to 16 year olds. Mr. F. McGrath: In respect of the carers issues With just a few hundred people in question, it raised in Questions Nos. 16 and 19, does the would not be very expensive, but the Deputy will Minister agree that we must seriously value the agree it is probably not the answer. carers in our society and be more supportive of them? I accept that we have moved in the right Mr. Stanton: That is right. direction in recent years but the reality on the ground for many people is that there are still Mr. Brennan: Our 15, 16 and 17 year olds major problems. Does the Minister accept this should not need to be full-time carers. The chal- reality? The Minister mentioned \220 million in lenge is to get them out of those positions. On support packages but we must acknowledge that balance, I would be against paying carer’s allow- this has saved the Exchequer approximately \2 ance to people under 18 years of age. We should billion. try to focus on solving their problems through the We need a debate on the nursing homes issue HSE, education service, my Department’s service as most elderly and disabled people do not want and so on. We should try to bring all the State’s to find themselves in that situation. From talking services to bear so that a 16 or 17 year old does to many different groups of elderly and disabled not need to be a carer. people, the preferred option is to live at home. Will the Minister examine the prospect of putting Mr. Stanton: Yes. more supports in the home? We must wake up to the reality that many Mr. Brennan: If it is the case that the person young carers are in difficult situations. It is diffi- absolutely must be a carer, we must examine cult and stressful work and these young people what type of income support we can manage but are not allowed to live out their childhoods. We I do not want to put an incentive in place, as it must support them. The figure may be as low as 853 Other 9 February 2006. Questions 854

200 to 300 full-time carers. I accept the Minister’s for carers, who have much stress and pressure. If point that he does not want to pull these people we are to develop the carers system we must find out of the education system but we must target ways to give the carer a break, not just through supports for them and the other 3,000 young respite care breaks but by developing the carer’s people directly involved in caring. Will the Mini- professionalism and the carer support system. ster make these issues priorities when he goes to The better the carer is, the better the care given the Cabinet? to the person who needs it. I accept we must con- tinue to make improvements in that area. Dr. Cowley: I wish to raise two issues with the The Deputy’s final point referred to com- Minister. First, we were talking about young munity and voluntary groups and it will never be carers but a large number of people caring for a case of choosing between these groups and the others are spouses and are themselves elderly. State. There is a clear role for the State through What provisions has the Minister in mind in its health and welfare service and there is a case respect of caring for the carers? Who cares for for community and voluntary groups to lead the carers? Many carers who have precarious health problems need support. reform where it is needed. Many reforms in this Second, I wish to address the community and House have come from proposals and suggestions voluntary aspects of carers. My feeling is that of community and voluntary groups. Many of the communities and voluntary groups in communi- improvements to the welfare system referred to ties have carried out and are carrying out today are a direct result of representations, important work to support and alleviate the prob- research and campaigning by voluntary and com- lems of older people. In other countries there are munity groups. These groups, dealing with people more local levels of distribution of funds and sup- every day, are able to raise the matter and it is ports. I am involved with community supports. often resolved at a formal level in this House. Would the Minister be in favour of giving more Formal State services and community and volun- power to communities and voluntary organis- tary services must co-exist because one needs ations within them to provide these supports the other. rather than their coming from on high? Com- munity groups probably have more cognisance Mr. Crowe: I know of a family in my constitu- and would be better apprised of supporting ency where the husband is in a wheelchair in need people at home, thereby keeping them out of of care, whose wife has tried to commit suicide institutions and away from expensive hospital twice. I would have thought various resources services. would be made available to support the family but this did not happen for various reasons. The Mr. Brennan: I agree with Deputy Finian Minister refers to costs but we have a successful McGrath that there are still problems in respect economy. Who is the economy for, if not for of carers and the distance to be travelled. We people such as the person to whom I referred and have managed to make substantial improvements other carers? The Minister referred to a debate but I intend to keep up that pressure. I acknowl- but most carers are sick and tired of debate and edge that carers save the taxpayer funds, which is wish to see action. The Minister claims action has one of the reasons carer’s allowance was started been taken but the gap still exists for many of in the first place, namely, to encourage people to these families. If we are having a debate, let us be cared for at home to keep the pressure off the address the question of who the economy is for, formal system. Apart from this, research has if not for people such as this. We should spend shown that it is better for the individual. money on these types of families. The Deputy asked about long-term care issues, on which the Ta´naiste recently spoke and 7. Dr. Cowley asked the Minister for Social and announced a number of initiatives. She and I are Family Affairs if he will extend free travel to working together on a group dealing with long- older Irish emigrants, at the very least to Irish term care with the clear objective of leaving as many people at home as possible, expanding pensioners living in the UK, when they return home care programmes and trying to augment here on their holidays; and if he will make a state- them so people do not need to go into insti- ment on the matter. [39320/05] tutions. That is the way forward and she and I are working on that. I note what the Deputy said 17. Mr. Wall asked the Minister for Social and about young carers and I replied to that point Family Affairs if a decision has been made in earlier in response to Deputy Stanton. regard to a request that free travel facilities Deputy Cowley asked who cares for the carers. within this country be extended to Irish people I met the Carers Association some time ago. It living abroad for the period when they visit here; pointed out that a strategy for carers is needed his views on granting this concession to such per- and I accept this and will have further discussions sons who are in receipt of the Department of with the group on that. Allowances are supposed Social and Family Affairs old age pensions. to be income support rather than remuneration [4724/06] 855 Other 9 February 2006. Questions 856

Mr. Brennan: I propose to take Questions Nos. and dear to their hearts. Emigrants returning to 7 and 17 together. Ireland on holidays feel they are lesser citizens The free travel scheme is available to all people because they do not have free travel. The Mini- living in the State aged 66 years or over. All ster’s reply in December 2005 stated that free carers in receipt of carer’s allowance and carers schemes had been extended but emigrants on of people in receipt of constant attendance or holidays were precluded on the grounds that it prescribed relative’s allowance, regardless of would be discriminatory to other EU citizens. I their age, receive a free travel pass. It is also told the Minister he should examine this again as available to people under age 66 who are in there is a common area of travel between Ireland receipt of certain disability welfare payments, and the United Kingdom that has existed and such as disability allowance, invalidity pension been recognised since before we were members and blind person’s pension. of the EU. People in receipt of a social security invalidity The Minister stated he would take my advice or disability payment from a country covered by on board and would continue to examine any EU regulations, or from a country with which available options. Has the Minister any news? Ireland has a bilateral social security agreement, There is a limited timespan as these people will and who have been on this payment for at least not live forever. They have done much for us but 12 months, are also eligible for free travel. we have forgotten them and we now have an The scheme provides free travel on the main opportunity to do something for them. Will the public and private transport services for those eli- Minister use the window of opportunity? gible under the scheme. These include road, rail and ferry services provided by companies such as Mr. Brennan: I acknowledge the work Deputy Bus A´ tha Cliath, Bus E´ ireann and Iarnro´ d Cowley does in this area and I have had many E´ ireann, as well as Luas and services provided by meetings with emigrant groups in the United more than 80 private transport operators. The Kingdom in the past year. Deputy Stagg has also free travel scheme applies to travel within the raised this matter in the House and elsewhere. I State and cross-Border journeys between here want to extend free travel to those living in the and Northern Ireland. United Kingdom in receipt of Irish pensions. There have been a number of requests and Some 45,000 people in the UK receive pensions inquiries about the extension of entitlement to from my Department. I am strongly advised, in free travel to Irish born people living outside the starkest terms, by the Government’s legal Ireland, or to those in receipt of pensions from services and the Attorney General that it is not my Department, particularly in the UK. The legal possible to extend free travel to those living in advice available to me is that such proposals the United Kingdom without extending it to all would be contrary to the EC treaty, which pro- EU citizens. I would have to extend the scheme hibits discrimination on the grounds of national- to people in France, Spain and other states. ity. However, I am continuing to examine all I have prioritised North-South travel and am aspects of a possible scheme as recognition of the making progress on that following a number of contribution of emigrants to the growth of this meetings with the authorities in Northern Ireland. country is a priority of the Government. Currently, our pensioners can travel in Northern Significant improvements have been made to Ireland for free and I wish to deal with this issue the free schemes, including the free travel within a couple of months. The issue of those liv- scheme, in recent budgets in terms of the qualify- ing in the United Kingdom is more problematic ing conditions and the coverage of the schemes. but I have not given up on this. I have requested I will continue to review the operation of these further legal advice and raised further legal ques- schemes with a view to identifying scope for tions to see if I can make progress. This is not a further improvements as resources permit. financial issue but purely a legal issue. I would welcome any thoughts Deputy Cowley has on Dr. Cowley: I thank the Minister for his reply. this matter. I challenge him to try harder to ensure free travel for our emigrants when they come home to Mr. Stagg: The Minister’s answer was mostly Ireland, particularly on holidays. I am disap- waffle. We did not ask him to outline the entire pointed it has not happened to date though I do scheme, which we know very well. The Minister not doubt the sincerity of the Minister’s belief promised he would do his best to introduce this that this should happen. The Minister cannot use scheme but I feel let down, disappointed and economic arguments as these people are econ- ashamed by the lack of effort. I am determined omic migrants who gave \3.5 billion to Ireland to get the Minister to reverse his position. His when we had nothing, helping us in our darkest advice is wrong, I advise him to ignore it, and I hour. say this advisedly. This issue is of fundamental importance to our Is the Minister aware that in this week’s Irish emigrants as it is symbolic. The task force on emi- Post the Chancellor of the Exchequer in the grants highlighted this issue as something near United Kingdom, Mr. Brown, announced that he 857 Adjournment 9 February 2006. Debate Matters 858 will introduce free travel for Irish pensioners vis- examine whether that is an option, although it iting England, and that his advice is different to will be difficult. I await the outcome of Chancel- that which the Minister received? His officials lor Brown’s efforts. I will inquire further into the take a different view of the European legislation scheme referred to by Deputy Stagg. I wish Chan- from the Minister’s officials. I state now, as I cellor Brown luck. I will be right behind him if he stated before, that the Minister’s advice is wrong. gets it through. Is the Minister aware that Chancellor Brown is also keen to see a reciprocal arrangement Mr. Stagg: The Minister has considered many between the two countries, despite, as his officials items today on the basis of advice from the Oppo- put it, the opposition of the Minister for Social sition. If he cannot get around the difficulties he and Family Affairs, Deputy Brennan? Money is outlined, will he consider introducing free travel not an issue, as \150,000 is one twelfth of the total for all pensioners who visit Ireland? Perhaps it annual cost of the 24,876 Irish pensioners abroad would be a great tourist attraction. It might be a in the first instance, and perhaps only one tenth good investment from the State’s point of view to of them might visit Ireland. It would only cost give such free travel at off-peak times. I do not \15,000 for a full year if that number visited, know what the cost would be. If it works out at which is unlikely. \74 per year, that divided by 12 is a small amount. The issue is simply the legality. The British I am sure anyone coming to Ireland would spend authorities have now established to their satis- much more than that and leave a great deal of faction that there is no problem. They are money in the country. gazumping the Minister by introducing free travel I do not expect a great flood of French, rights for all 600,000 or 800,000 Irish pensioners German, Latvian or Polish pensioners because who may travel to England and avail of free they can get free travel on buses throughout the travel. If they can do it, surely the Minister can country at off-peak times. It is not an issue. Per- do so also. haps if the Minister cannot get over it in one way, The Minister must stop hiding behind legalese he can get over it in another. and advice from legal experts. I ask him to make a decision. He should not seek any more advice. Mr. F. McGrath: I hope we have enough buses. He is the Minister and he should make a decision to introduce this scheme for Irish people who Dr. Cowley: The Minister stated the legal would normally be entitled to free travel if they advice he received is that if free travel is given to were living in Ireland and who visit Ireland on one section of EU citizens, it must be given to all. holiday. The Minister stated a concession can be made for Northern Ireland to allow old age pensioners to Mr. Brennan: I am of the view, and I am legally travel to and from both jurisdictions, albeit a lim- advised, that Chancellor Brown will not be able ited concession. Surely there is a precedent for to introduce a scheme to allow Irish people have extending that to the Irish pensioners living in the free travel in the UK and not extend it to those UK. Northern Ireland is considered part of the from France, Greece, Spain and the other EU UK. What is the difference? If it is allowed for member states. While the Irish Post might state Northern Irish citizens and vice versa, why is it it, Chancellor Brown will not be able to introduce not allowed between here and the UK? It does the measure on the basis outlined by Deputy not make sense. Stagg. Chancellor Brown will not be able to give Irish people free travel and make French people Mr. Brennan: The regulations allow certain pay. That is the strongest advice given to me. exemptions regarding cross-border and interterri- I know the Deputy long enough. It is naive to torial travel to be applied if a land mass is con- suggest that any Minister can introduce legis- tiguous, as Northern Ireland is to us. However, it lation and ignore the legal advice available to the is an aside. It is not the main issue. All I can state is that I will continue to examine this. I have not Government. It is not doubtful advice; it is advice given up on it. However, I must be straight with in the starkest possible terms. I have not given up the House. That is the position at the moment. I on free travel. Deputy Stagg’s comment that I am will certainly examine Chancellor Brown’s in some way opposing it is wrong. I am a cham- proposal. pion of this. I advocate and support it. It is not a financial or political issue. We must resolve the Written Answers follow Adjournment Debate. legal issue. I will continue to seek ways of doing so. One option I recently examined was introduc- Adjournment Debate Matters. ing legislation to attach the free travel to the Irish An Leas-Cheann Comhairle: I wish to advise pension, thereby automatically providing it to the House of the following matters in respect of those in receipt of Irish pensions in the UK. It which notice has been given under Standing would not be discrimination because only our Order 21 and the name of the Member in each pensioners would receive it. I will continue to case: (1) Deputy Burton — the need to provide 859 Sports Capital 9 February 2006. Funding 860

[An Leas-Cheann Comhairle.] I want to spend these minutes speaking about additional services round the country for victims the importance of Shamrock Rovers and its vital of rape and specialised medical services for vic- role in my community in Tallaght. I will preface tims of sexual assault; (2) Deputy O’Connor — that by stating I am glad to acknowledge the pres- to ask the Minister the action he is taking to ence of the Minister for State at the Department ensure the completion of the Shamrock Rovers of Justice, Equality and Law Reform, Deputy stadium at Tallaght; (3) Deputy Deenihan — the Fahey. I recall he was a very progressive Minister Minister’s plans in light of the closure of Glen with responsibility for sport in his day. He will be Dimplex factory in Tralee, County Kerry, reminded of those days in this debate. I know he resulting in the loss of 70 jobs; (4) Deputy will support what I state. Unfortunately the Mini- Gilmore — that the Office of Public Works stop ster for Arts, Sports and Tourism, Deputy work on the erection of a new telecommunica- O’Donoghue, is not available to seek me out and tions mast at Shankill Garda station, County speak to me on this motion. I acknowledge that. Dublin; (5) Deputy Crowe — the reason vital I speak as someone who lives in and represents funding was blocked for a multi-use stadium for Tallaght and who, over the years, has greatly sup- Tallaght against the support of local public rep- ported all sports development in my community. resentatives; (6) Deputy Neville — Adare sewer- In that regard I want to mention the GAA. There age scheme; (7) Deputy Stanton — if the Minister has been much mischievous talk about the role of will provide more funding to enable the com- the GAA in this saga. Some recent newspapers munity centre in Cobh, County Cork, to be com- have screamed that the GAA is to be run out pleted; (8) Deputy Costello — the need for the of Tallaght. That is wrong and mischievous. I am Minister to address the financial discrepancy supportive of all my local clubs. In fairness, suc- between the orphan and foster allowance; (9) cessive Fianna Fa´il Governments, and other Deputy Fiona O’Malley — to discuss the con- Governments, have provided important funding cerns of the Shankill residents about the erection for GAA development in local clubs such as St. of a telephone mast beside the Garda station in Mark’s, St. Ann’s, Thomas Davis, St. Enda’s and Shankill, County Dublin; and (10) Deputy St. Jude’s among others. It is important to make Cowley — to ask the Minister the reason for the that point in the context of this motion. gross irregularities in the handling of a fatal acci- This is about Shamrock Rovers, which has a dent involving a person (details supplied). long and proud history in Dublin. The saga The matters raised by Deputies O’Connor, regarding Tallaght has continued for a number of Crowe, Burton and Stanton have been selected years. I was chairman of the council in 1999 when for discussion. we took a brave and important decision to bring Shamrock Rovers to a new stadium beside Wat- Adjournment Debate. ergate Park in Tallaght. That decision was sup- ported strongly over the years. Unfortunately, we ———— have had problems getting the stadium opened. I do not want to cover all aspects as I wish to make Sports Capital Funding. a few points. An Leas-Cheann Comhairle: As the first two The wider community in the Tallaght region items are related, they will be taken together. has a half-finished soccer stadium which could be of tremendous benefit. South Dublin County Mr. O’Connor: I thank the Leas-Cheann Council must make a decision next Monday to Comhairle and I acknowledge the co-operation of give the go-ahead to allow Government funding his colleague, the Ceann Comhairle, in allowing to be provided. There has been much toing and me and my colleague, Deputy Crowe, to raise this froing, particularly over the past couple of special issue. months. At its December meeting, the council This week as I, along with Deputy Crowe, went took a decision to ignore the report that had been about my business in my constituency serving not approved by the Tallaght area committee, which only Tallaght but also Brittas, Firhouse, is a significant point. An amendment was unani- Templeogue and Greenhills, many issues were mously adopted by the council to proceed on the brought to our attention. People spoke to us basis of changing the plans to facilitate other about the M50, the need for an estate project to sports and there was talk of the GAA etc. in be funded, the great news that at last we are to that regard. get a new Garda station and the debate on the The Minister has made his position and that of National Children’s Hospital’s future in Tallaght. the Government very clear. It is important Government funding is provided so that at last Mr. F. McGrath: Temple Street. this stadium gets the go-ahead and is built. The manager has said that if he was on site, he would Mr. O’Connor: I will debate that matter with produce it in eight months. It is important we Deputy McGrath another time. press for that. 861 Sports Capital 9 February 2006. Funding 862

The county manager has told us he will propose Tallaght because it would play a positive role in to the council next Monday that it now proceed children’s lives. to complete the stadium on the basis set out in The only reason I can see for the Minister not the original report. Significantly, he has said that to approve the multi-use stadium is that there the next steps will be the signing of the building might be an extra cost factor. Deputy O’Connor contract and the commencement of works on the is right that we have a partially built stadium, stadium. That is what I and the community in which is an eyesore. We want to see the stadium Tallaght want to see. finished but the Minister seems to be holding it I congratulate the new Shamrock Rovers which up, about which I am concerned. I want to see is now run by the fans under the direction of the young people and families having the use of that 400 Club. I am glad Jonathan Roche, the chair- stadium. man of the 400 Club, and other colleagues are in Shamrock Rovers, under previous configur- the Visitors Gallery. I hope they understand there ations, was given the land for the stadium but has is strong support for this stadium which would be since lost it. It is now essentially public land and ideal. I will call on the council next Monday to for that reason the public must be best served by make a positive decision and to work with the the stadium as it involves public money. Sham- Government to ensure funding is provided so that rock Rovers is now being run by its true and loyal this stadium is ready and able to take Shamrock supporters, who must be accommodated. Rovers, hopefully in the premier division again There is much confusion. People want to see very soon. the stadium completed and up and running. That is the priority. When will the stadium be com- Mr. Crowe: The Minister for Arts, Sport and pleted? If the Government is so concerned about Tourism needs to explain the decision to block the stadium moving ahead, why was the money the funding and the decision made by local coun- not made available to Shamrock Rovers two cillors, which came as a total surprise. I reiterate years ago to go ahead with construction? that from the beginning, I and other councillors have been 100% behind the move of Shamrock Minister of State at the Department of Justice, Equality and Law Reform (Mr. Fahey): Iam Rovers to Tallaght. I want to see the speedy con- pleased to take this opportunity to set out the struction of the stadium. During the initial con- background to this matter and outline the current struction of the stadium, I offered to act as a state of play in relation to the proposed stadium mediator between Shamrock Rovers and the in Tallaght. I apologise for the absence of the Building and Allied Trade Union, BATU, to Minister for Arts, Sport and Tourism. resolve a labour dispute which arose. Following the development of proposals by I was surprised and confused by the mixed Shamrock Rovers Football Club to develop a soc- message from the Minister who said he was cer stadium in Tallaght and with the recommend- opposed to the concept of the multi-use stadium. ation of the FAI, the Department of Arts, Sport That is going in the opposite direction from that and Tourism provided funding of \2.44 million in which sport is going, particularly when one towards this project in the period 2000 to 2002. considers what is happening in Croke Park and This funding was allocated under the sports capi- so on. There is much confusion. A worry I have tal programme, which is administered by the is that while the council is clearly on board and Department to assist projects directly related to going in one direction, the Minister has said the the provision of sports and recreational facilities. money will not be available. We must now go The responsibility for overseeing and complet- back to the drawing board, to some extent, at the ing such projects lies entirely with the grant council and try to get everyone on board. recipients. The \2.44 million was paid out based I am worried about further delays. The Mini- on invoices for work carried out to the value of ster talked about the Genesis report which out- \3.3 million on the stadium development certified lined a re-amalgamation of teams on the south- by the Department’s technical advisers, the side and northside and that on the southside, Office of Public Works. It should also be recog- possibly Shamrock Rovers and St. Pat’s would nised that a considerable investment in time, play in the Tallaght stadium. At a meeting two effort and money has been made in this project weeks ago, St. Pat’s supporters knocked that pro- by the FAI and Shamrock Rovers Football Club. posal on the head. They are totally opposed to Unfortunately, due to a number of factors not the move to Tallaght. At present work is going least of which was increased costs due to delays on in St. Pat’s grounds to extend the pitch and encountered in the planning process, progress on also on the stadium. Those are not the actions of the development ceased in 2002. Since that time a club which will eventually move to Tallaght. the Department of Arts, Sport and Tourism has The move of Shamrock Rovers will be a posi- worked closely with South Dublin County tive one. As a youngster, I supported Shamrock Council and the FAI to ensure that the common Rovers and travelled all over the country with it. objective of developing a soccer stadium in From day one, I wanted to see the stadium in Tallaght is achieved. 863 Hospital 9 February 2006. Services 864

[Mr. Fahey.] is a clear that the original objective of all the par- Following the intervention of South Dublin ties involved was to develop a modem soccer County Council late in 2004 and its efforts to stadium in Tallaght which together with ancillary regain ownership of the site, the Department facilities would also serve the local community. indicated a willingness to support the council in Given that almost all the submissions made as putting together a financial package that would part of the public consultation process made no ensure the early completion of the stadium. This reference to catering for other sports, I believe support was based on the plan to provide a soccer that the local community is fully behind this stadium for Tallaght that would serve as a viable objective. Work has been undertaken on this long-term home for Shamrock Rovers Football development and at this stage there would be Club. Indeed, South Dublin County Council considerable cost implications and further delays articulated the proposal in a press release issued if there was an obligation to adjust the stadium following its meeting on 10 January 2005 where to cater for Gaelic games. The capacity of the it stated: “other non-soccer sporting organisations stadium would be reduced and the ground shar- must develop their own sporting facilities”. ing option for two Eircom league clubs would not During 2005, the necessity of ground sharing be possible. This would be a lost opportunity for emerged as the only viable option for supporting soccer. investment in the development of Eircom soccer It is my understanding that when completed, league stadia in Dublin. This was one of the key the stadium will remain in the control of South recommendations from the 2005 Genesis report Dublin County Council, who will license its usage on the Eircom league. Given that significant based on an annual number of games. The man- funding is being sought to ensure the completion agement and additional usage of the stadium and of the Tallaght stadium, such investment can only any ancillary facilities will be a matter for the be justified in its regular usage as a soccer council to decide. The Minister remains commit- stadium and potential home to two Eircom ted to the completion of a soccer stadium in league clubs. The FAI also envisage it as an ideal Tallaght and is firm in his belief that recent efforts to change the scope of the agreed venue when completed for high profile inter- approach to the proposed project can only lead national youth and women’s games on occasion. to an unsatisfactory stadium and to further delays The recent council decision to adopt the man- and increased costs. The Department continues ager’s report subject to increasing the size of the to be in regular contact with South Dublin playing pitch and extending the stands seriously County Council and is hopeful that a decision will undermines the basis of the previously agreed be made to complete the stadium as originally approach. A larger pitch cannot easily be accom- intended. This project has had a difficult history modated within the present site given the build- and like those most directly involved over the ings already in place and would mean that a years, the Minister is anxious that the stadium future stand on the far side of the existing uncom- would be completed as a matter of urgency. pleted stand would be about half the size as orig- I completely reject Deputy Crowe’s suggestions inally envisaged thus limiting the future capacity that the Minister has held up this facility in any to about 4,500 seats. Given that the ends of the way. It is clear that he is most anxious for it to partially completed west stand are curved, any proceed. proposal to extend along the length of a larger pitch is likely to involve demolition of part of the Mr. Crowe: Why did he not come up with the newly built structure leading to significantly money a long time ago? increased costs. \ With over 385 million allocated to the Mr. Fahey: Deputy O’Connor should be com- development of local sports infrastructure nation- plimented on his positive approach. Hopefully, wide since 1998, it is clear that the Government the issue can be resolved and we can proceed. is committed to investing in a wide 5 o’clock variety of sports facilities. Of this Mr. F. McGrath: I know that the Minister of \ amount, 73 million has been State is a Galway United supporter. invested in facilities for soccer, \130 million for Gaelic games and a further \102 million for com- Hospital Services. munity facilities not specific to one particular sport. Tallaght has seen over \9.5 million allo- Ms Burton: The Government has failed to hon- cated to clubs in the area in that period and will our commitments made to provide funding for continue to benefit from funding under the dedicated medical services for victims of rape and programme. sexual assault. It has emerged this week from a There is no question of the Minister not being report carried out on behalf of the Government fully supportive of the development of GAA — the Minister for State at the Department of facilities in Tallaght and he would welcome pro- Justice, Equality and Law Reform, Deputy posals brought forward. Fahey, may have been involved in its production There is also no question of the Minister block- — that despite the fact that 95% of rape cases do ing funding for a multi-use stadium in Tallaght. It not end in a conviction, three of the four sexual 865 Hospital 9 February 2006. Services 866 assault treatment units in the country are at risk ney for a forensic examination to report the of closure due to lack of State funding. I believe crime. In some areas, there are no GPs with the that a sum of only \7 million is in question, which requisite training to carry out forensic exam- was promised before the budget. inations. The availability of dedicated medical services The report was also highly critical of existing pertaining to rape and sexual assault is funda- facilities in Garda stations for victims making mental to successfully prosecuting the per- statements and recommended that the HSE petrators. Repeatedly, cases do not proceed to should provide a dedicated interview room in court because of the lack of services to compile each region. The Ta´naiste and the Minister of forensic evidence in the appropriate way. Figures State must respond to the shocking findings of from the Department of Justice, Equality and this report. The Government must intervene to Law Reform, the provisional crime statistics for ensure that the existing sexual assault treatment 2005 compared to 2004 show some shocking units receive the funding they require to offer a increases in sexual assault offences. For example, full service to victims of rape and sexual assault. rape section 4 offences have increased by 33%, Moreover, new funding must be allocated to while rape of a female has increased by 8%. The provide appropriate services in Galway and the figures for unlawful carnal knowledge have risen midlands. Serious sexual assault devastates the by 8% and those for sexual assault by 7%. Hence, life of the victims and very often the lives of their this is a major problem. Obviously this does not families. Victims go to hell and back again and if only affect women, it also affects children of both the forensic examinations are not performed sexes and indeed younger men in particular. properly, it is almost impossible for the Garda to Nevertheless, the vast majority of victims are help secure a conviction. This means that effec- women. tively, a sense of impunity arises, particularly At present there are four sexual assault treat- when drink is involved in aggravating a sexual ment units in Ireland. Only the unit in the South assault. I plead with the Minister of State to do Infirmary Hospital, Cork receives funding from something for the victims of these heinous crimes. the Department of Health and Children. Accord- ing to the report, the other three are now at crisis Mr. Fahey: I welcome this opportunity to point and on the brink of closure due to staffing update the House on matters relating to the diffi- difficulties caused by a lack of funding. The unit cult issue of violence against women and in part- in the Rotunda hospital conducts 300 forensic icular in respect of the care for and treatment of examinations a year, with one third of its victims the victims of sexual assault. Violence against coming from outside the Dublin area. It depends women originally emerged as a major public issue on a core group of just three doctors, a half-time in the consultation process in the Department of nurse manager and shared nursing staff from the Health’s policy document on women’s health in gynaecological unit. The unit is now at crisis point 1996. This led to the publication of the task force due to staff shortages. report on violence against women in 1997, which While the unit in Waterford Regional Hospital contained recommendations to address the needs is the newest facility, its funding is limited to one of women who had been raped or sexually year, which threatens the sustainability of the assaulted. service and makes it difficult to retain doctors. In light of the complexity of the issue and the Due to staff shortages, the unit can only offer number of different agencies involved, the services to victims of sexual assault who are Government established the national steering willing to report a crime. The unit in Letterkenny committee on violence against women, NSC, in General Hospital has been obliged to limit its 1997 to facilitate a multidisciplinary and co- catchment area to Donegal due to staffing issues. ordinated response from the State and the volun- The report notes that it is struggling to remain tary sector. open with only two doctors providing forensic Last year, on behalf of the national steering medical examination services on an ad hoc basis committee, the Department of Justice, Equality and concludes that cessation of this much-needed and Law Reform commissioned the development service seems inevitable, unless immediate steps of a new strategic plan for the committee to take are taken to address this crisis. account of developments since it was established The report highlights the difficulties experi- and the progress that has been made in imple- enced by victims of sexual assault who do not live menting the recommendations of the original task close to an existing sexual assault treatment unit. force. This project has involved extensive consul- The Minister of State’s county of Galway, tation with interested parties as well as an eval- together with the entire midlands, lacks a sexual uation of the working methods and structures of assault treatment unit. The reporting of rapes or the NSC, with a view to further enhancing their sexual assaults is lower in those areas which lack effectiveness and laying down a work plan for the a treatment unit. This appears to be linked to the future. The strategic plan should be completed fact that victims in these areas must either turn later this year. to a GP who is willing to perform the forensic The provision of appropriate services for vic- examination or make a four to six hour car jour- tims of sexual assault is a matter of particular 867 Community 9 February 2006. Development 868

[Mr. Fahey.] 1997 and 2000, all of which were unsuccessful. concern. I accept the point made by Deputy The organisers were informed no stop gap fund- Burton in this respect. In order to evaluate the ing was available for such a broad-based com- current situation in the State and to look at good munity project. A welcome grant of \400,000 was practice in other jurisdictions with a view to made in 2001, which is the only Government sup- enhancing Irish service provision, if necessary, port received to date. the national steering committee established the The project committee, together with the sub-group, chaired by the Department of Health people of Cobh, raised \852,000 for the project and Children, referred to by Deputy Burton through local fund raising, pledges and sheer hard which was tasked to review the medical and for- work and determination to get the project off the ensic services available to victims of sexual ground. The centre is being built on a valuable assault. 0.9 acre site in the centre of the town, which was The aim of this review was to examine the pro- donated by the Cobh parish authorities. Between vision of sexual assault treatment services in the fund raising and the donation, the community Ireland and in doing so, to identify the most has generated a significant amount for the pro- appropriate service for adult and teenage — both ject. No such facility exists in Cobh, even though male and female — victims of sexual crime that it is the largest town in County Cork. It is would adopt a holistic approach to care, and in expanding rapidly with many new housing estates so doing so incorporate all the relevant aspects coming on stream. A feeling of isolation exists such as health, justice and psychological needs. in the town because there is no focal point for The Deputy may already be aware that there are community activities. The organisers and builders currently four sexual assault treatment units in of the project are confident it will fill that gap and Ireland, located in the east, south-east, south and enhance and complement existing facilities. north-west regions. The ground storey of the proposed three-storey The report of this group was completed late building will be occupied by the Cope Found- last year and its publication is imminent. Its ation, which will run a workshop for local people recommendations are already under consider- with disabilities. Sixty such people travel from the ation in the Departments of Health and Children town every day by train, bus and taxi to a similar and Justice, Equality and Law Reform and will facility. The second floor will have an emphasis be further considered in the context of the overall on youth facilities and activities while the third review of the ongoing response to violence floor will consist of meeting rooms and so on for against women. The Department of Health and community and general use. A multi-purpose hall Children is arranging to print the report and I will facilitate indoor football, badminton and assume that it will then be placed in the public table tennis and can be used as a theatre or con- domain. cert hall for social gatherings and conferences. However, I will not break any confidences by The project is at a crucial stage. The committee outlining that the recommendations examine, is in a dilemma, having to let the builder go from inter alia, the need for a more uniformly available the site because money has run out. The con- service across the country, for enhanced training sequence of this action will be regrettable for all. for those working in this field and at better net- More expense will be involved in getting the working and information sharing. I am deter- builder back on site and the project will hit a low mined that improved coordination arrangements for those who have worked tirelessly for the past will flow from this large body of strategic work ten years and the residents of the area will be being undertaken under my stewardship as chair annoyed that an unfinished development will be of the national steering committee, and, in part- left in their midst. Security and insurance will also icular, that this will lead to the enhancement of become problems while the project could collapse services for victims of violence against women if those involved become disillusioned. and to an increase in the availability and quality Ideally, the committee would have preferred to of service in sexual assault treatment units. have had all the funding in place for the project I accept there are serious gaps in the service on its commencement but that was not possible. and that is why the interdepartmental committee \ was established. It will report shortly and I am The committee had 1 million and then sought determined to ensure finance will be available to extra funding but every door was closed. locate treatment centres throughout the State However, the message from Government was and, in particular, in the west. that the committee should spend the money it had and more funds would come its way. They did so, hence, the present position. The Govern- Community Development. ment has focused on the community for the past Mr. Stanton: I thank the Ceann Comhairle for year and in recent days Ministers have referred to allowing me to raise this matter about the need the sums available for community development. I for increased Government support for the Cobh hope that is not all pie in the sky and that the and Great Island community centre project. This Minister of State has good news for this hard project is ten years in gestation. Five national lot- working committee, the members of which have tery funding applications were made between given significant time and resources for this pro- 869 Community 9 February 2006. Development 870 ject and will make funds available immediately that the full Exchequer allocation of \450,000 for its completion. should go towards the costs of phase 1 and should The contract for phase 1 of the community be drawn in three instalments, on foot of appro- centre was signed in mid-2005 with a cost of priate certification. It was understood that the approximately \1 million. Great progress was balance of phase 1 funding would come from a made and the shell of a three-storey building and number of sources, including the Cope Found- attached multipurpose hall is in place. Windows ation, local authorities and the Catholic Church, have been fitted, the roof completed and external as well as local contributions. The local auth- plastering has been done. The contract did not orities contributed more than \150,000 to date, provide for internal finishes and, therefore, the which means more than \600,000 in public funds building is not fit for use. Phase 1 is complete has been invested. because the weather has been so good. It is the Phase 2 of the project was to be funded by the intention of the committee and all concerned that bodies just mentioned and a credit union loan of sufficient funds will be secured but, unfortu- \500,000. On this basis, the full amount of nately, this has not happened. I have written to \450,000 was drawn down by Cobh Community numerous Ministers and Departments over the Centre Ltd. in September, October and past month seeking assistance for the project. The November 2005 upon certification to my Depart- shortfall is approximately \600,000. If the ment by Cork County Council that relevant Government even matched the funding raised, it works had been carried out in a satisfactory man- would go a long way. The Government does not ner. On 30 December, Cobh Community Centre even have to provide that if the value of the site Ltd. acknowledged that it had received the final is taken into account. The committee has put in grant payment in respect of this project and unbelievable work to raise \852,000, which is no thanked my Department for its help and small feat for a small town. The project is badly efficiency in dealing with the matter. There was needed and it would make a significant difference no suggestion at that time that there were diffi- to the town, which has suffered job losses in culties regarding funding for phase 2 of the recent years. It needs a focal point and a sum of project. \600,000 is not huge in the overall scheme of However, a letter dated 10 January 2006 from things. I implore the Minister of State, if he does the chairman of the Cobh Community Centre not have good news, to return to the Government Ltd., raised issues relating to funding and the to ascertain what can be done to progress the level of Government support for the project. In project. this letter, the chairman stated that phase 1 of the project, due to be completed very shortly, cost Minister of State at the Department of Com- more than \1 million. This was the first we heard munity, Rural and Gaeltacht Affairs (Mr. N. of prices going through the roof. The letter inti- Ahern): The Minister for Finance announced in mated, without outlining detail, that the project budget 2002 that in my Department’s Vote a cannot proceed further because of lack of funds. special one-off provision of £450,000 would be My Department will shortly contact Cobh Com- included as a contribution towards the cost of munity Centre Ltd. to establish in detail the cur- constructing a community centre in Cobh. In sub- rent position. However, I acknowledge the value sequent years, during which this project went of this project to the community in Cobh, and the through various preparatory phases, my Depart- sterling efforts made locally to raise funding. ment was in close contact with Cobh Community They have done a lot of work to bring the project Centre Ltd., the company established to manage to fruition. However, the House must appreciate the project, and with the relevant local that I am not in a position at this time to commit authorities. to further Exchequer funding. In May 2005, following site inspections, dis- I heard Deputy Stanton say that they were cussions with the principals concerned and advised to spend what they have and come back detailed assessment of their proposals, my for more. If that is in writing, I would like to see Department notified Cobh Community Centre it. It may be that letters are flying around to Ltd. that it was satisfied that the project, as then different Ministers seeking funds. As I said, we constituted, was viable and was approved for fin- were already dealing with the matter in the ancial assistance. A two-phase development Department. It was originally given to my strategy was agreed. Phase 1 was to involve the Department by the Department of Finance. The demolition of an existing building, site grading, letter dated 10 January was the first we knew of drainage, and construction of steel frame works any difficulties in this regard. We will now contact while phase 2 was to involve the internal fitting- the body seeking further details. out of the community centre. I undertake to come back and respond further The overall cost of the project was estimated in to the Deputy. It is a fact that \600,000 of public May 2005 to be \1.6 million, including a small funds has gone into this project, which is a con- contingency sum. Phase I was costed at \800,000, siderable amount of money. Given that the cost while phase 2 was costed at \725,000. My Depart- increased, obviously something happened along ment agreed with Cobh Community Centre Ltd., the way. Perhaps extra work was carried out. The 871 The 9 February 2006. Adjournment 872

[Mr. N. Ahern.] Department certainly did not. I will undertake to Department received the letter dated the end of get some additional information to see what can December thanking it profusely, and ten days be done, if anything. afterwards we heard the bad news, which was the first time we heard about it. The Da´il adjourned at 5.20 p.m. until 2.30 p.m. I need further information on the matter. Per- on Tuesday, 14 February 2006. haps someone else knew something, but the 873 Questions— 9 February 2006. Written Answers 874

Written Answers. system is assistance with rent deposits to enable them to secure private rented accommodation. ———— Some \5.8 million was provided for rent deposits in 2005. The following are questions tabled by Members The Government’s strategic approach to tack- for written response and the ministerial replies ling poverty and social exclusion is set out in received from the Departments [unrevised]. Ireland’s national action plan against poverty and social exclusion, NAP/inclusion, which contains a Questions Nos. 1 to 7, inclusive, answered common objective of “preventing the risks of orally. exclusion”. The plan reflects, among other priori- ties, the Government’s continued commitment to Homeless Persons. addressing housing and accommodation needs and to ending homelessness. 8. Mr. Quinn asked the Minister for Social and On the specific issue of homelessness, the Family Affairs the definition of homeless or NAP/inclusion commits to the provision of homelessness his Department uses for social wel- sufficient and appropriate emergency accommo- fare purposes; and if he will make a statement on dation for rough sleepers in each local authority the matter. [4720/06] and health board area, in conjunction with appro- priate outreach services to enable them to access 32. Mr. Eamon Ryan asked the Minister for it, leading to a significant reduction in youth Social and Family Affairs his views on whether homelessness. Responsibility for these policies the use of supplementary rent allowance con- rests with the Department of the Environment, tinues to be effective in view of the criticisms Heritage and Local Government and, in the case raised in Focus Ireland’s five-year strategy of youth homelessness, with the Department of regarding shortcomings in homelessness preven- Health and Children. tive measures, especially among key vulnerable My Department, through the Office for Social groups. [4687/06] Inclusion, has responsibility for overseeing the implementation of the NAP/inclusion and the Minister for Social and Family Affairs (Mr. achievement of the targets set out in the plan. In Brennan): I propose to take Questions Nos. 8 and a recent implementation and update report on 32 together. the Irish NAP/inclusion submitted by the Office The Government is committed to addressing for Social Inclusion to the European Commission homelessness in a comprehensive and co- last June, good progress in relation to the home- ordinated manner. Substantial progress is being lessness target was reported. made under the Government’s strategy on adult In recent years, a significant number of people homelessness, in addressing the needs of people have come to rely on rent supplements for who are homeless and in assisting them to move extended periods, including people on local auth- to accommodation that is more suitable to their ority housing waiting lists. In response to this needs. This has been done through the recognit- situation, the Government has introduced new ion that a solution to homelessness is not just rental assistance arrangements giving local auth- about the provision of shelter or funding but that orities specific responsibility for meeting the there is a need for a comprehensive approach longer-term housing needs of people receiving involving health care and welfare, education, rent supplement for 18 months or more, on a training and support, as well as accommodation, phased implementation basis. When fully oper- to enable homeless persons to re-integrate into ational, local authorities will meet the housing society and to prevent others from becoming needs of these individuals through a range of homeless. approaches including the traditional range of As homeless persons have the same entitle- social housing options, the voluntary housing sec- ments under the social welfare system as any tor and, in particular, a new public private part- other persons and are subject to the same qualify- nership type rental accommodation scheme. ing conditions, there is no definition of homeless These arrangements are intended to be a long- or homelessness for social welfare purposes. If term housing option for the people concerned homeless persons are unemployed but capable of and reflects the Government’s overall objective and genuinely seeking work, then they can apply under the national anti-poverty strategy to enable for unemployment assistance. They can be paid households experiencing poverty and disadvan- basic supplementary welfare allowance, SWA, if tage to have available to them housing or accom- they do not fulfil the conditions for any other modation, which is affordable, accessible, of good primary weekly payment from my Department. quality, suitable to their needs, culturally accept- In addition, they can also apply for payments able, located in a sustainable community and, as such as rent supplement diet supplement and far as possible, in a secure tenure of their choice. exceptional needs payments under the sup- There was no criticism of the supplementary plementary welfare allowance scheme. welfare allowance scheme in the Focus Ireland One of the most important supports provided report and I am satisfied that the rent supplement to homeless people through the social welfare scheme and the provision of rent deposits by my 875 Questions— 9 February 2006. Written Answers 876

[Mr. Brennan.] scheme payments were not affected by this Department have a role to play in providing for change. the short-term accommodation needs of the In recognition of the difficulties being experi- homeless or those at risk of homelessness and enced by some persons wishing to enter self- continues to be effective in this regard. The new employment after five years attachment to the rental assistance arrangements provide an live register the qualifying period for access to the imaginative additional approach in supporting enterprise strand of the scheme was reduced to people with longer-term housing needs. The new three years with effect from March 2004. Access scheme, particularly the rental accommodation to the employee strand of the scheme from an component, will reduce housing waiting lists by unemployment payment was not affected by this providing a useful additional mechanism for pro- change and remained at five years. viding good quality social housing, alongside I recognised that some people were experienc- more traditional social housing construction prog- ing some difficulties returning to the labour force rammes and the expansion of the voluntary hous- after five years of attachment to the live register. ing sector. To address these difficulties I reduced the quali- fying period to two years for both the employ- Social Welfare Benefits. ment and self-employment strand. I view the scheme as a highly important sup- 9. Mr. P. McGrath asked the Minister for port in the range of active labour market prog- Social and Family Affairs the expected increase rammes available to the unemployed to assist in take-up of the back to work allowance in 2006 entry and return to the workforce. I will continue since the qualifying period was reduced in budget to monitor its impact and adapt it as necessary to 2006; and if he will make a statement on the ensure that it delivers maximum supports to those matter. [4674/06] accessing the scheme. Minister for Social and Family Affairs (Mr. Brennan): The back to work allowance scheme, Social Welfare Code. which was introduced in 1993, is part of my 10. Mr. Costello asked the Minister for Social Department’s programme of initiatives designed and Family Affairs the position with regard to his to assist long-term unemployed, lone parents and discussions with the European Commission other social welfare recipients to return to the regarding the Government’s implementation of active labour force. the two-year habitual residence requirement in There are two strands to the scheme, the back regard to qualification for social welfare benefits; to work enterprise allowance for self-employment if any changes to the requirement have been and the back to work allowance for employees. introduced or are planned; and if he will make a In budget 2006 the qualifying period for unem- statement on the matter. [4704/06] ployed persons was reduced to two years for both strands of the scheme effective from 1 March Minister for Social and Family Affairs (Mr. 2006. It is estimated that a further 2,700 persons Brennan): The requirement to be habitually resi- will access the scheme in 2006 as a result of this dent in Ireland was introduced as a qualifying change. condition for certain social assistance schemes The allowance was introduced at a time when and child benefit with effect from 1 May 2004. It long-term unemployment stood at 8.9%. In its was introduced in the context of the Govern- early years the scheme proved very effective in ment’s decision to open the Irish labour market helping people who had been long-term unem- to workers from the new EU member states with- ployed to return to the labour force. However, out the transitional limitations which were being changes in labour market conditions since the imposed at that time by many of the other mid-1990s has reduced the need for the scheme. member states. The effect of the condition is that This is illustrated by the drop in numbers availing a person whose habitual residence is elsewhere is of it in recent years. At present there are 8,770 not paid certain social welfare payments on participants in the scheme, compared to 39,343 in arrival in Ireland, regardless of citizenship, October 2000 when the scheme reached its peak. nationality, immigration status or any other The scheme was reviewed in 2002 in the light factor. of economic and labour market changes and, in The EU Commission wrote to the Government particular, the drop in unemployment levels since on 22 December 2004 raising a number of issues its introduction in 1993. The review also took concerning its compliance with EU law in relation account of an evaluation of the scheme by inde- to workers and their families. Officials from my pendent consultants. They recommended that the Department and the Attorney-General’s office scheme should be restructured in the light of met Commission officials on 15 May last to dis- changes in the labour market. cuss the issues raised and explained that the oper- In January 2003, the qualifying period for per- ation of the new condition was fully in line with sons accessing the scheme from an unemploy- the criteria set out in European Court of Justice ment payment was increased to five years. People case law. These are: the length and continuity of coming from other social welfare qualifying residence in a particular country; the length and 877 Questions— 9 February 2006. Written Answers 878 purpose of absence from Ireland; the nature and Eligibility for the ECS is identical to that for pattern of the employment; the applicant’s main the child benefit scheme. As with the child centre of interest; and the future intention of the benefit scheme, the early child care supplement applicant concerned as it appears from all the cir- falls within the definition of a “family benefit” cumstances. under EU Regulation 1408/71. One practical In addition, full consideration is given in the effect of this is that where a national of an EU decision-making process to the requirements of state is working in Ireland the worker is entitled, EU legislation regarding free movement of if she or he has a family, to payment of this workers within the European economic area. benefit. If the children of the worker are resident Rules which apply to migrant workers, that is per- in the worker’s home country, entitlement to pay- sons who have taken up employment in Ireland ment of the supplement still exists. following their arrival here, are strictly observed. This situation is the same as for the child A formal response by the EU Commission to benefit scheme. My Department is currently mak- the points made is still awaited. It is expected that ing child benefit payments to 650 families, in the Commission’s examination of the matter will respect of approximately 1,300 children, where be concluded shortly. the children are resident in the worker’s home In November 2005, a clarification was issued to country. About 450 of these children are aged community welfare officers explaining that sup- under six years and will be eligible for payment plementary welfare allowance is considered of the ECS. The vast majority of these children under EU legislation to be a social advantage and at this point are resident in the United Kingdom. must therefore be subject to the principles of In addition to this stock of cases, the weekly equal treatment to all EU workers regardless of intake of claims in respect of non-resident nationality. Any EU worker who suffers loss of families is currently 80. It is estimated that these income because he or she has lost employment families will have a total of 50 children under the through no fault of his or her own, or becomes age of six. At this rate of intake, ECS payments unable to work through illness, is entitled to claim of \2.7 million will have accrued by the end of supplementary welfare allowance. This is the only 2006. This is 1% of the total projected cost of the development affecting the application of the con- supplement this year. It is likely however, that dition since I last commented on this question in only \1 million of this will be paid by the end of this House. 2006 — 0.3% of projected expenditure. This is The requirement to be habitually resident in due to the protracted nature of the claim decision this country has been and continues to be moni- process which involves communication with the tored constantly by my Department, and a full authorities in the country in which the family review of its operation is presently being resides. finalised. My Department operates a strict verification process for child benefit claims and this will also Social Welfare Schemes. apply to the ECS. The work status in Ireland is checked and birth certificates for the children 11. Mr. Penrose asked the Minister for Social obtained. It is necessary to correspond with the and Family Affairs if, in regard to the planned relevant authorities in the country where the introduction of the early child care supplement, family reside to see what entitlements may be in his Department has any estimate or assessment place there and what effect the supplement will of the likely number of claims that could be made have on payments in both countries. In the course in respect of children not resident here; the esti- of this correspondence, particulars of the children mated cost in respect of such payments; the pro- in the family are re-checked and verified. cedures which will be put in place to ensure veri- My officials are currently reviewing these veri- fication of claims made; and if he will make a fication and other control measures currently statement on the matter. [4697/06] operated for the child benefit scheme with a view to adapting and expanding them as appropriate Minister for Social and Family Affairs (Mr. for the early child care supplement scheme. This Brennan): The early child care supplement, ECS, work is ongoing and the final shape and scope of scheme was introduced in budget 2006. The the verification measures is not yet completed. scheme is under the remit of the Office of the As the Deputy will appreciate, it is not possible Minister for Children, which will be responsible at this point to forecast the position with total for policy and legislation in relation to the accuracy. This will depend on future immigration scheme. The administration of the scheme is flows and the number of non-national immigrants being undertaken by my Department. who decide to return home. Based on current fig- The scheme is a universal one and all parents- ures the expenditure in respect of non-resident guardians of children up to six years of age are children is unlikely to be significant in the context eligible. It is expected that a total of 260,000 of the overall spending on the scheme. families will qualify for the supplement in 2006, in respect of a total of some 350,000 children. The Social Welfare Code. budget for the ECS in 2006 is \265 million, and in a full year its estimated at \350 million. 12. Mr. Durkan asked the Minister for Social 879 Questions— 9 February 2006. Written Answers 880

[Mr. Durkan.] payments. An increase by next September in the and Family Affairs when it is intended to update spouse’s income disregard for entitlement to the means test thresholds; and if he will make a state- qualified adult allowance, QAA, from \88.88 to ment on the matter. [4727/06] \100 a week, as well as an increase of \30 per week to \250 for entitlement to a tapered QAA 135. Mr. Durkan asked the Minister for Social rate. Significant changes were introduced in and Family Affairs his views on raising means test January last to the family income supplement, thresholds further; and if he will make a state- FIS, thresholds designed particularly to boost ment on the matter. [4903/06] child income support for larger low income families. As a result of these improvements a Minister for Social and Family Affairs (Mr. family with four children has seen its weekly FIS Brennan): I propose to take Questions Nos. 12 payment rise by up to \64.80 a week while the and 135 together. payment for a family of six children has risen by I approached the recent budget with a number nearly \117 a week. of key priorities in mind: I wanted to continue to I was particularly anxious to improve the finan- improve the position of our older people; I cial position of our elderly pensioners. Apart wanted to take a decisive step forward towards from record increases in the weekly rates of pay- the elimination of poverty, particularly child pov- ment, I also announced the establishment, from erty; to assist in the development of a programme next September, of a single standard enhanced of supports and opportunities for those parenting non-contributory pension scheme with a greatly alone and those with disabilities; to improve improved means test, thereby simplifying the lab- income supports to, and in recognition of, carers yrinthine structure of supports for older people. who perform a valued and valuable service for Key features of the new scheme will be a the whole of society; and to ensure that the weekly means disregard of \20 per week, up from budget reflected the evolving new social agenda the \7.60 per week which dates back to the 1970s that has at its core a social welfare support system and an innovative special earnings disregard of that is active instead of passive, that assists people \100 per week. This latter measure is intended to to live with dignity and enables them to make a facilitate those older people who wish to continue valuable contribution towards society. A key in employment. As a direct result of the enhanced objective of this reform agenda is the removal of means test arrangements, over 30,000 pensioners employment disincentives and the avoidance of will benefit directly from increased payments of welfare dependency. up to \12.50 per week and, where a QAA is in The budget has delivered on these objectives. payment, by a further \8.30 per week. In this context, I was pleased to be able to I am sure that the Deputy will agree that the announce a number of significant and focused measures I have outlined constitute a significant improvements to a range of means testing reform of the means assessment arrangements. arrangements, as follows: I introduced a tapered withdrawal rate for disability allowance and blind Social Welfare Schemes. pension recipients who engage in rehabilitative employment or self-employment and have a 13. Mr. P. Breen asked the Minister for Social weekly income over \120 and under \350. This and Family Affairs if there is any State scheme measure which will take effect from next June is for elderly people that will enable them to make specifically designed to incentivise those with a their homes more fuel efficient; and if he will disability to take up employment. The income make a statement on the matter. [4642/06] disregards for the means test for carer’s allow- ance are to be increased from next April to \290 Minister for Social and Family Affairs (Mr. for a single person and \580 for a couple. As a Brennan): The term “fuel poverty” has been result a couple with two children can earn up to described as the inability to afford adequate \32,925 and the carer will retain entitlement to warmth in a home, or the inability to achieve the maximum rate of carer’s allowance. This adequate warmth because of energy inefficiency increase in the means disregards also fulfills the in the home. The primary contributory factor is commitment in the programme for Government the energy efficiency of the private and public to enable all those earning up to average indus- housing stock. Problems in this regard relate to trial earnings to qualify for carer’s allowance. The older housing, with poor insulation and draught- upper income limit for the one-parent family pay- proofing or inefficient heating systems. All new ment will increase from \293 to \375 per week in housing, including social housing, is being built to June 2006. This substantial increase will encour- modern efficiency standards. Local housing auth- age employment and ensure financial security for orities are undertaking an ongoing programme to these parents and their children. A 50% tapered upgrade the older social housing stock and to withdrawal of earnings between \60 and \90 per provide better living conditions generally for ten- week for persons in receipt of rent and mortgage ants, including draught insulation and energy interest supplement was introduced from January efficiency. last, thereby increasing the incentive to take up The role of the social welfare system in relation employment or training or to pursue maintenance to this issue is primarily to provide income sup- 881 Questions— 9 February 2006. Written Answers 882 port. The main focus of Government policy is to in houses experiencing fuel poverty and to enable increase primary weekly social welfare rates sig- further research to be undertaken into fuel pov- nificantly in real terms, to enable pensioners and erty issues. other vulnerable groups to meet their heating and other basic living needs more adequately Social Welfare Code. throughout the year. In this regard, the significant increases in primary social welfare payment rates 14. Mr. Allen asked the Minister for Social and for pensioners and other groups for this year Family Affairs his views on removing the rule announced in the budget, and other increases in where people in receipt of the one-parent family recent years, have improved their income payment may not cohabit with their partners or situation considerably in real terms relative to spouses; and if he will make a statement on the price inflation generally. matter. [4641/06] In addition, there are a number of social wel- fare programmes to assist with heating costs 21. Mr. Howlin asked the Minister for Social specifically. Fuel allowances are payable during and Family Affairs if it is intended to discontinue the winter heating season for householders who the current one-parent family payment in its are in receipt of long-term social welfare or present form; his proposals to replace same; and Health Service Executive payments. In budget if he will make a statement on the matter. 2006 I increased fuel allowance by \5.00 — \14.00 [4711/06] per week for eligible households — with an additional \3.90 per week being paid in desig- 31. Mr. Gogarty asked the Minister for Social nated urban smokeless fuel zones, bringing the and Family Affairs when the new single parents total amount in those areas to \17.90 per week. allowance scheme will be introduced that will end These payments are made for the duration of the the cohabitation rule that recipients must not be fuel season which lasts for 29 weeks from the end living with a partner. [4683/06] of September to mid-April. Electricity and gas allowances are payable 33. Mr. P. McGrath asked the Minister for through the household benefits package. Expen- Social and Family Affairs the supports his diture by my Department on fuel, electricity and Department intends to introduce to further gas allowances for social welfare and other eld- empower lone parents in relation to the new erly customers was \109 million in 2005. social reform agenda; and if he will make a state- A special heating needs facility is available ment on the matter. [4673/06] through the supplementary welfare allowance scheme to assist people in certain circumstances 44. Mr. Howlin asked the Minister for Social with specific heating needs due to infirmity or a and Family Affairs the situation with regard to particular medical condition. his proposals for the reform of the one-parent My Department is co-operating with the family payment system, particularly with a view Department of Environment, Heritage and Local to making it easier for lone parents to enter or Government, Sustainable Energy Ireland and the re-enter the workforce; when he intends to bring Combat Poverty Agency in an action research forward formal proposals in this regard; and if he project those agencies are undertaking to will make a statement on the matter. [4710/06] improve heating systems and insulation in selec- ted older private dwellings and to monitor the 45. Ms Enright asked the Minister for Social outcomes in terms of improved cost efficiency and Family Affairs the measures he intends to and household comfort and health levels. introduce to reverse the situation where certain The research project will be carried out in des- welfare payments prevent the parents of children ignated geographical areas this year where eli- from living together; and if he will make a state- gible persons will have an energy audit carried ment on the matter. [4659/06] out in their homes. The energy audit will include energy advice to the household as well as remedial work such as the installation of roof 47. Mr. Sargent asked the Minister for Social space insulation, draught proofing, fitting of hot and Family Affairs his plans to pursue a separate water cylinder lagging jackets and energy policy initiative to address the particular support efficient light bulbs. needs of separated fathers. [4688/06] The project will evaluate the effects of the measures undertaken from the point of view of 57. Mr. McGinley asked the Minister for Social improved comfort levels, health effects as well as and Family Affairs when he intends to publish changes in fuel costs and carbon dioxide emis- the one-parent family payment review; and if he sions. My Department will use the results of this will make a statement on the matter. [4672/06] project to assist with the development of future income support policy in this area. 60. Ms Enright asked the Minister for Social In that regard, in the recent budget I have and Family Affairs his proposals to change the made a grant of \2 million to Sustainable Energy lone parents allowance; and if he will make a Ireland for the installation of housing insulation statement on the matter. [4658/06] 883 Questions— 9 February 2006. Written Answers 884

Minister for Social and Family Affairs (Mr. inform the work of the group. I intend to make Brennan): I propose to take Questions Nos. 14, the findings of both working groups public in the 21, 31, 33, 44, 45, 47, 57, and 60 together. near future and to engage in a consultation pro- The Government acknowledges that the risk of cess with interested parties. poverty, especially child poverty, tends to be It is my intention that the outcome of these higher among one parent families, larger families reviews, together with initiatives already in place and those faced by long-term unemployment, due in my Department, will contribute to the ongoing mainly to the direct costs of rearing children, development of proposals designed to better sup- including child care costs and the opportunity port and encourage both lone parents and those costs related to the reduced earning capacity of seeking work in achieving a better standard of liv- parents arising from their care responsibilities. ing, employment and education opportunities, a This applies particularly to one parent families as better future for themselves and their children, the lone parent has to be the main breadwinner and a more appropriate social policy in the and carer at the same time. future. However, it is generally accepted that for all people in working age households, the main route Services for People with Disabilities. out of poverty is through employment. Employ- ment participation among lone parents in this 15. Mr. Stanton asked the Minister for Social country is among the lowest in the OECD. This and Family Affairs when he intends introducing is despite the huge employment growth in recent the advocacy service for people with disabilities; years, increased female participation in the work- and if he will make a statement on the matter. force and the income disregards afforded to lone [4661/06] parents who take up employment under my Department’s one-parent family payment. Minister for Social and Family Affairs (Mr. I believe that every support should be given to Brennan): The introduction of a personal advo- lone parents to give them an opportunity to con- cacy service for people with disabilities is pro- tinue to increase their earnings in their efforts to vided for in the Comhairle (Amendment) Bill improve their own lives and those of their chil- 2004 which was published in September 2004 in dren. In recognition of this, I was pleased to sig- conjunction with the Disability Bill 2004. nificantly increase the upper income limit for the The Comhairle (Amendment) Bill is a key one-parent family payment by \82 per week to element of the Government’s legislative prog- \375 per week in the recent budget. This measure ramme for improving services for people with dis- will come into effect in July of this year. In abilities. The combination of this Bill, the Dis- addition, as a result of taxation measures intro- ability Act, 2005 and the accompanying outline duced in the budget, lone parents will not now sectoral plans for accessible public services, become eligible for tax until they earn in excess together with the Education for Persons with \ of 23,000 per annum. Special Needs Act 2004 are intended to convey One of the key tasks in the Ending Child Pov- clearly the Government’s intention to have the erty initiative under Sustaining Progress is to legislation, policies, institutions and services in address obstacles to employment for lone place to support and reinforce equal access to parents. The Senior Officials Group on Social services for people with disabilities. Inclusion was mandated late in 2004 to examine The Disability Bill 2001 proposed the introduc- this issue and report back to the Cabinet Commit- tion by Comhairle of a personal advocacy service. tee on Social Inclusion with specific proposals. A sub-group of the senior officials group has been However, the proposed new service would have examining obstacles to employment for lone resulted in such a fundamental change to the parent families, with particular emphasis on primary functions of Comhairle that it was income supports, employment, education, child decided that the Comhairle (Amendment) Bill, care and support programmes and information. which would seek to amend the functions of We must also look closely at income supports Comhairle in line with Government policy, was and at how we can adjust those supports to better required. address the social problems that can arise for The Comhairle (Amendment) Bill 2004, has as those who receive these payments. In this regard, its primary purpose the amendment of the Comh- a working group established in my Department airle Act 2000, to assign additional and enhanced to review the income support arrangements for functions to Comhairle which will enable it to lone parents, has looked at issues, including the introduce a personal advocacy service for people contingency basis of the one-parent family pay- with disabilities. The Bill envisages advocacy ment, cohabitation and the fact that the payment services as “supporting people with disabilities to can act as a disincentive to the formation of part- identify and understand their needs and options nerships and discourage joint parenting — an and to secure their entitlements to social issue of particular importance to separated services”. Social services are broadly defined. fathers — maintenance and secondary benefits. They include health, social welfare, education, A consultation process with social partners and family support, housing, taxation, citizenship, other interested parties was also undertaken to consumer matters, employment and training. 885 Questions— 9 February 2006. Written Answers 886

The proposed service will provide for the officer, who will decide if action is required in assignment of a personal advocate to assist, sup- each case under the Civil Service disciplinary port and represent a person with a disability in procedures. applying for and obtaining social services and in My Department views its obligations to safe- pursuing any right of review or appeal in connec- guard the privacy of data under its control very tion with those services. It is envisaged that the seriously and has undertaken a considerable new personal advocacy service will be introduced amount of work in this area over the past few early in 2008. years. A review is currently under way to see if In preparation for the proposed services con- new approaches and technologies can be applied tained in the Comhairle (Amendment) Bill 2004, to strengthen our controls in this area. an amount of \1 million was provided to Comh- airle in 2005 to commence preparatory work. In Question No. 17 answered with Question September 2005, Comhairle published guidelines No. 7. for the development of advocacy services by vol- untary organisations and launched a new prog- Departmental Programmes. ramme of support for advocacy services for people with disabilities. This programme will be 18. Mr. Eamon Ryan asked the Minister for delivered by 13 organisations across the country Social and Family Affairs the take-up rate of the in the voluntary and community sector. The fund- school meals programme operated by his Depart- ing provided by Comhairle will provide trained ment; and if he intends to offer more incentives advocates within the organisations concerned to to increase take-up levels. [4686/06] assist vulnerable people with a disability in addressing their individual needs and options. Minister for Social and Family Affairs (Mr. The advocates will represent, for example, people Brennan): The school meals programme operated with dementia, people who wish to move into by my Department gives funding towards pro- independent living, people in long-term residen- vision of food services for disadvantaged school tial services and young people with learning dis- children through two schemes. The first is the abilities completing education or training. They long-standing statutory urban school meals will also assist people with mental health diffi- scheme, currently operated by 36 local auth- culties leaving hospital so that they can be sup- orities. The Department jointly funds the food ported in making the transition back into their costs with these local authorities, which also man- communities. age and fund the administration of the scheme. I propose to bring the Comhairle The second is the school meals community, (Amendment) Bill 2004 before the Houses of the local projects, programme through which funding Oireachtas in this parliamentary session. is provided by my Department to participating schools and voluntary community groups in both urban and rural areas for school meals projects. Departmental Investigations. This also covers pre-schools that are community 16. Mr. M. Higgins asked the Minister for based and which operate on a not-for-profit basis. Social and Family Affairs if his Department’s The school meals programme makes an investigation into the circumstances in which a important contribution to ensuring that school number of civil servants are reported to have children receive better nutrition and contributes accessed the personal welfare records of a person to improved school attendance and quality of (details supplied) has been completed; if any learning. The scheme also supports initiatives that action has been taken on foot of the investigation; target dispersed disadvantage and children with and if he will make a statement on the matter. special needs. [4709/06] Under its programme of expenditure reviews, my Department completed a review of the school Minister for Social and Family Affairs (Mr. meals scheme in 2003. The review group recom- Brennan): Arising from reports in the media, my mended that a new scheme called the school food Department carried out an examination of programme, SFP, should be established, targeting accesses to the computer record of the person secondary schools with the highest concentrations concerned. of pupils at risk of early school leaving and their On a general basis, staff of my Department are feeder primary schools. Given the scale of this authorised to access individual records as long as initiative, the group recommended that the new it is for legitimate business reasons. In view of the programme should be phased in, in conjunction number of accesses in this case, managers were with the school meals project, targeting the most asked to examine the matter in order to establish disadvantaged areas initially. if there were genuine business reasons for their In order to advance recommendations made in staff accessing the record. The staff concerned the review of the school meals scheme, my were asked to set out the reason they accessed Department assigned an officer on in the the record and managers have drawn up reports Donegal area to pilot additional ways of encour- on the basis of their replies. These reports are aging disadvantaged schools and groups to par- currently being considered by the personnel ticipate in the scheme. All the schools 887 Questions— 9 February 2006. Written Answers 888

[Mr. Brennan.] take up employment; and if he will make a state- approached were on either the school completion ment on the matter. [4640/06] programme or Give Children an Even Break programme. This project has resulted in a total of Minister for Social and Family Affairs (Mr. 17 new schools becoming involved in the school Brennan): My Department operates a number of meals local project scheme in Donegal. This pilot schemes which provide income support to per- project has been extended into the Sligo and sons with an illness or disability, including the Leitrim areas in 2006. Options for extending this social insurance disability benefit and invalidity project into other areas are being actively pension schemes, the means-tested disability examined. allowance and blind pension. In addition, there There is ongoing liaison between my Depart- is a further range of benefits available under the ment and the Department of Education and occupational injury benefits scheme for people Science on school meals issues. In 2005 that who have been injured or disabled as a result of Department initiated a new action plan, an accident at work. delivering equality of opportunity in schools, Facilitating return to work and participation in DEIS, which incorporates many of that Depart- the active labour force with a view to assisting ment’s existing schemes which target educational people to become more financially independent disadvantage. A list of schools identified for is a most important objective of the social welfare inclusion in its school support programme is system and a key goal in my Department’s state- being updated at present and will be available ment of strategy. There are a number of specific shortly. My Department will use this list to ensure incentives available within the system to encour- that disadvantaged schools are prioritised for age and facilitate people, including people with inclusion in the school meals programme. illness or disabilities, to take-up or return to \ In 2003, 3.29 million was spent on the school employment, or to undertake education and meals programme. A total of 382 schools, with a training options. total of over 50,650 pupils benefited from the These incentives include exemptions from the urban scheme while 347 schools and voluntary general “no work” conditions of the disability organisations received funding which benefited benefit and invalidity pension schemes to facili- some 26,000 children under local school meals tate people to undertake work of a rehabilitative projects. nature and there are over 6,500 people currently In 2004, expenditure on the school meals prog- \ availing of such exemptions. In addition, there ramme was 4.65 million in total. A total of 386 are income disregards which exempt a portion of schools, with a total of over 50,817 pupils ben- earnings — currently \120 per week — from the efited from the urban scheme while 451 schools means-tested disability allowance and blind pen- and voluntary organisations received funding sion payments and 6,000 people are currently which benefited some 41,300 children under local availing of this disregard. school meals projects. \ In order to improve the incentives for people In 2005, expenditure increased to 8.24 million with disabilities to take up and progress within in total \7.08 million for the school projects and \ employment, as part of the social welfare budget 1.16 million for the urban school meals scheme. package 2006, a new 50% withdrawal rate of dis- A total of 386 schools, with an estimated total of ability allowance and blind pension payments will over 54,752 pupils benefited from the urban be effective from June 2006 for earnings above scheme while 596 schools and voluntary organis- \120 per week and under \350 per week. This ations received funding which benefited some measure replaces the current euro for euro with- 62,671 children under local school meals projects. drawal above the \120 per week disregard and A total of \10.4 million has been allocated for will mean that a single person can earn up to \390 the school meals programme in 2006 — \9.1 mil- per week before his or her disability allowance or lion for school projects and \1.3 million for the blind pension is fully withdrawn. urban scheme. I would expect to see expenditure Access to the back to work allowance scheme, on school meals increase over future years as the designed to assist people to return to employ- school meals programme is further extended. All ment, is also available — subject to certain con- matters relating to the scheme, including the ditions — to people in receipt of disability possibility of incentives to promote the scheme, benefit, invalidity pension, disability allowance, will be kept under review. blind pension and unemployability supplement. Question No. 19 answered with Question This is a weekly payment which allows people to No. 6. take up approved employment while retaining a percentage of their social welfare payment for three years — four years in the case of self- Jobs for People with Disabilities. employment — and to retain any secondary 20. Mr. Allen asked the Minister for Social and benefits to which they have been entitled for that Family Affairs the range of options identified by period. There are approximately 1,300 people his Department to assist people with disabilities availing of the back to work allowance who have who are in receipt of social welfare payments to been in receipt of illness or disability payments. 889 Questions— 9 February 2006. Written Answers 890

Access to the back to education scheme — sub- erty; the steps he intends to take to deal with this ject to qualifying conditions — is similarly avail- situation and reduce the unacceptable level of able for people in receipt of the aforementioned poverty; and if he will make a statement on the schemes. This is an allowance paid at a standard matter. [4696/06] rate for the duration of the educational course which the person undertakes at either second or Minister for Social and Family Affairs (Mr. third level. Any secondary benefits to which the Brennan): The EU survey on income and living person had entitlement are also retained for the conditions, EU-SILC, which commenced in duration of the payment. In addition, an annual Ireland in June 2003, is an annual survey that pro- cost of education allowance is payable at the com- vides information on poverty, deprivation and mencement of each academic year to assist with social exclusion. The most recent results, the purchase of books and other relevant announced on 12 December 2005, record continu- materials. There are 350 people participating in ing positive trends in relation to poverty and the back to education scheme who had been social exclusion, and show the impact being made receiving disability or illness payments. by the greatly increased resources now devoted As part of the Government’s expenditure to social welfare and other social services. review initiative, a working group established by Results from the first two years of EU-SILC my Department has reviewed the illness and dis- show that there has been a slight decrease in the ability schemes and identified a number of areas percentage of persons at risk of poverty, based on where employment support could be further the proportion of the population below an strengthened within the system and across income threshold of 60% of median income, from Departments. These include: recognition of the 19.7% in 2003 to 19.4% in 2004. These figures fact that some people’s medical and other circum- represent a halting of the upward trend of pre- stances may mean that they have some capacity vious years in the numbers in the broad category for work, but may never achieve full-time work; of “at risk of poverty”, which reflect the impact ensuring that employment support measures do of real improvements in employment and social not act as a disincentive for people with dis- provision over the past number of years. The sig- abilities and long-term illnesses in maximising nificant shifts from unemployment into employ- their employment and earnings potential; retain- ment have been an important factor in moving ing a range of employment supports for different persons away from the risk of poverty. Real groups and ensuring clients are referred to the increases in social welfare levels with the lowest most suitable option, having regard to the nature social welfare rates being increased by 40% of their illness-disability, age, social circumstances between 2001 and 2005, while the consumer price etc.; and the introduction of early intervention index increased by just over 13% in the same measures aimed at re-integrating people who sus- period, have also been a major factor. tain serious illnesses, injuries and disabilities back It should be noted that those below the 60% of into the workforce before they become long-term median income threshold are categorised as being dependent on social welfare payments. “at risk of poverty” but many may not be in pov- The implementation of the various recom- erty as generally understood. That depends on mendations of the report is being progressed in other factors such as the extent to which their the context of developments generally for people income is below the threshold, the length of time with disabilities. The review also stresses the they have been living on a low income, the degree importance of meeting the additional costs of dis- to which their assets will have run down while on ability in ways that are less dependent on labour a low income, and the other resources they have force status, if people with disabilities are to be at their disposal. given the opportunity to participate in the work- For example, Table 4 of EU-SILC shows that force. My Department is represented on the older people, aged 65 plus, have an “at risk of interdepartmental working group, chaired by the poverty” rate of 27%, higher than for the other Department of Health and Children, which is age groups. However, the proportion of older examining this issue. people with an income of over 50% of the median income is, at 8.2%, almost 20% less than the per- Question No. 21 answered with Question centage at the 60% threshold and lower than for No. 14. the other age groups. It shows that the incomes of many older people, categorised as being “at Anti-Poverty Strategy. risk of poverty”, are close to the 60% of median 22. Mr. Penrose asked the Minister for Social income threshold. This reality is reflected further and Family Affairs if his attention has been when measured in terms of consistent poverty, for drawn to the EU survey on income and living which older people record the lowest rate at 3.3%. conditions published by the Central Statistics This illustrates the real progress being made in Office on 12 December 2005 which showed that providing for older people who, as Table 4 of EU- almost one in five of the population was at risk SILC also shows, represent the highest pro- of poverty and that almost one third of persons portion of any age group reliant on social in lone parent households were in consistent pov- transfers, such as pensions, to overcome poverty. 891 Questions— 9 February 2006. Written Answers 892

[Mr. Brennan.] Minister for Social and Family Affairs (Mr. Another important outcome highlighted by the Brennan): The living alone allowance is an survey is the significant reduction in the consist- additional payment of \7.70 per week made to ent poverty rate from 8.8% in 2003 to 6.8% in people aged 66 years or over who are in receipt 2004. The consistent poverty measure is used in of certain social welfare payments and who are this country to identify those experiencing basic living alone. It is also available to people under 66 deprivation. This is calculated by identifying from years of age who are living alone and who receive among people at risk of poverty, that is, with payments under one of a number of invalidity incomes below the 60% median income thres- type schemes. The allowance is intended as a con- hold, those who are also deprived of basic goods tribution towards the additional costs people face and services regarded as essential for living in when they live alone. Ireland today. There was a slight but significant The allowance is not a payment in its own right downward trend in the consistent poverty rate for but one which is paid as a supplement to a social lone parents from 33.6% in 2003 to 31.1% in welfare payment and considered to be part of the 2004, which if continued at that rate, could result overall payment structure. As such, it cannot be in a significant improvement in the living stan- paid to people without a social welfare entitle- dards of one of the more vulnerable groups in our ment or to those whose pension payments are society and their children over the coming years. made under the social security regimes of other It is generally accepted that for all people in countries. working age households, the main route out of On the other hand, the household benefits poverty is through employment. Employment package, which comprises the electricity-gas participation among lone parents in this country allowance, telephone allowance and television licence schemes, is generally available to people is among the lowest among OECD countries. living permanently in the State, aged 66 years or This outcome occurs despite the huge growth in over, who are in receipt of a social welfare type job opportunities in recent years, increased payment or who satisfy a means test. People aged female participation in the workforce and the over 70 years of age can qualify regardless of income disregards afforded to lone parents who their income or household composition. take up employment under my Department’s one-parent family payment. 24. Mr. Durkan asked the Minister for Social One of the key tasks in the ending child pov- and Family Affairs the number of people who erty initiative under Sustaining Progress is to have been refused social welfare entitlements address obstacles to employment for lone under the habitual residency clause in the past 12 parents. The Senior Officials Group on Social months; and if he will make a statement on the Inclusion was mandated late in 2004 to examine matter. [4726/06] this issue and report back to the Cabinet Commit- tee on Social Inclusion with specific proposals. 52. Mr. Coveney asked the Minister for Social As part of this work, a group was established and Family Affairs if, when and to whom the in my Department to review the income support habitual residence condition applies; the pay- arrangements for lone parents. The Cabinet has ments that are covered by the condition; and if he approved the reports of both working groups and will make a statement on the matter. [4648/06] they will be published in the near future. This will be followed by a consultation process in which, 74. Mr. Costello asked the Minister for Social in particular, lone parents and the organisations and Family Affairs the number of persons from representing them will be invited to participate. EU countries who joined the Community in 2004 It is my intention following these reviews, and who have applied for and received unemploy- building on initiatives already in place, to bring ment benefit or assistance since May 2004; his forward proposals designed to ensure that lone views on the fact that these figures show the fears parents have the support to make the same of welfare tourism that were expressed at the choices as people in their situation have in other time were unfounded; and if he will make a state- countries, particularly in terms of educational ment on the matter. [4705/06] opportunities, employment and achieving improved living standards, and, overall, a better 134. Mr. Durkan asked the Minister for Social future for themselves and their children. and Family Affairs the number of people who have been refused social welfare entitlements on Social Welfare Code. the basis of the habitual residency clause since its introduction; and if he will make a statement on 23. Dr. Cowley asked the Minister for Social the matter. [4902/06] and Family Affairs if the parameters of the living alone allowance will be changed to enable people Minister for Social and Family Affairs (Mr. living alone who qualify for the household Brennan): I propose to take Questions Nos. 24, benefits package to also qualify for LLA and 52, 74 and 134 together. have same age related rather than on a qualifying The requirement to be habitually resident in basis; and if he will make a statement on the Ireland was introduced as a qualifying condition matter. [4602/06] for child benefit and for the following social 893 Questions— 9 February 2006. Written Answers 894 assistance schemes — with effect from 1 May These data do not support a view that “welfare 2004 — unemployment assistance; old age non- tourism” is a problem. However, in introducing contributory pension; blind pension; widow’s- a habitual residence condition, the Government widower’s and orphan’s non-contributory pen- wished to ensure that Ireland’s social welfare sions; one-parent family payment; carer’s allow- system is protected, while at the same time ensur- ance; disability allowance; and supplementary ing that people whose cases are appropriate to welfare allowance, other than once-off excep- the system have access to it when they need it. I tional and urgent needs payments. am satisfied that the arrangements introduced The basis for the restriction contained in the were necessary at that time. A review of the con- rules is the applicant’s habitual residence. The dition is ongoing at present within my Depart- restriction is not based on citizenship, nationality, ment and will be available to me shortly at which immigration status or any other factor. The effect stage I will consider what if any changes might be is that a person whose habitual residence is else- made in the light of experience to date. where is not paid certain social welfare payments on arrival in Ireland. The question of what is a person’s “habitual Social Welfare Expenditure. residence” is decided in accordance with Euro- pean Court of Justice case law, which sets out the 25. Mr. Gilmore asked the Minister for Social grounds for assessing individual claims. and Family Affairs if his attention has been Each case received for a determination on the drawn to recent figures from the EU showing that habitual residence condition is dealt with in its Ireland spent just 16% of its GDP on social own right and a decision is based on application benefits compared to an EU average of 27.7%; of the guidelines to the particular individual cir- his plans to increase social spending towards the cumstances of each case. Any applicant who dis- EU average; the estimated proportion of GDP agrees with the decision of a deciding officer has likely to be spent on social benefits in 2006; and the right to appeal to the social welfare appeals if he will make a statement on the matter. office. [4707/06] The habitual residence condition is being operated in a careful manner to ensure that Minister for Social and Family Affairs (Mr. Ireland’s social welfare system is protected, while Brennan): EUROSTAT, the Statistical Office of at the same time ensuring that people whose the EU, publishes comparisons of social protec- cases are appropriate to the system have access tion expenditure as a percentage of GDP across to it when they need it. Straightforward cases are the EU. This encompasses not only social welfare dealt with at my Department’s local offices and expenditure but also expenditure in other areas relevant headquarters offices while complex cases such as health care, social housing, employment and cases where there is a doubt are dealt with in support programmes and other social inclusion specialised units. programmes. The latest such statistics were For the period 1 May 2004 to 6 February 2006, released on 20 October 2005 and deal with devel- the number of habitual residence cases decided opments up to and including 2002. No compar- in specialist units was 30,314. The total number able figures are yet available for 2003 or 2004. of cases deemed not habitually resident was 7,123 — 23%. When examining such data it is important to remember that gross expenditure measures do A total of 2,491 applications for unemployment assistance from nationals of the ten new member not take account of social charges or taxes which states have been submitted to the relevant may be levied on benefits after they are paid, nor specialised unit since May 2004. Some 1,635 of do they include transfers made by means of tax those were rejected on habitual residence concessions, as opposed to direct cash payments. grounds, 765 were deemed to be habitually resi- For example, tax relief on contributions towards dent and 91 cases are currently under con- occupational and private pensions, which are an sideration. important feature of Ireland’s pension system, is For the period 1 February 2005 to 31 January not counted as expenditure. 2006, the number of habitual residence cases The EUROSTAT release draws attention to decided in the central section and the scheme the fact the EU average masks major national dif- areas referred to above was 20,400. The total ferences in the structure of social protection fund- number of cases deemed not habitually resident ing, partly related to differing levels of wealth was 4,558 — 22%. As of the end of January 2006, between countries, and also reflect differences in the number of people from the new member social protection systems, demographic trends, states on the live register was 1,715. Of these 858 unemployment rates and other social, insti- were claiming unemployment assistance, 786 tutional and economic factors. The level of unemployment benefit and 71 were claiming expenditure is also significantly influenced by the PRSI credits only. To put the live register figure age profile of the population. Ireland, currently into perspective 173,000 PPS numbers were with the youngest population in the EU, needs to issued to citizens of the new member states over spend less on pensions and health care-care of the the period from May 2004 to week ending 21 elderly than most other member states. In 2002 January 2006. social protection expenditure accounted for 895 Questions— 9 February 2006. Written Answers 896

[Mr. Brennan.] tains a commitment to a scheme of all-Ireland 27.7% of GDP in the EU-25 countries, compared free travel for pensioners resident in all parts of to 27.3% in 2001. The corresponding ratio for the island of Ireland. The scheme would enable Ireland was 16% compared to 15.3% in 2001. pensioners resident here to travel free of charge Social protection expenditure as a percentage on all bus and rail services in Northern Ireland. of GDP is crucially dependent on the pace of Likewise, pensioners in Northern Ireland would economic growth and the level of unemployment. travel free of charge on all bus and rail services The statistics show that for the EU-15 countries in this State. social protection expenditure relative to GDP In July 1995, my Department introduced the had fallen from its maximum share of 28.7% in cross-Border free travel scheme. This scheme 1993 until 1999 when it accounted for 27.3%. This extended free travel entitlement so that free was due to renewed GDP growth and slower travel pass holders resident in Ireland could growth in social protection expenditure, partic- undertake a cross-Border journey from a point of ularly related to unemployment benefits. departure in one jurisdiction to a destination in Ireland’s position mirrored that of the EU-15, the other jurisdiction free of charge. except that the level of economic growth and the My Department covers the full cost of cross- decline in unemployment were much greater in Border journeys made by Department of Social Ireland than in most other EU countries and and Family Affairs pass holders. It also covers the consequently the drop in the percentage of GDP cost of the southern element of cross-Border accounted for by social protection expenditure journeys undertaken by Northern Ireland pass was greater — from 20.2% in 1993 to 14.7% in holders. Under its own concessionary fares 1999. scheme, the Department for Regional Develop- The fact is that under this Government there ment for Northern Ireland covers the cost of the has been a sustained and substantial increase in northern element of cross-Border bus and rail social protection expenditure. The EUROSTAT journeys made by Northern Ireland pass holders. report states that the increase in Ireland’s per Some 220,000 cross-Border journeys are under- capita expenditure from 1998 to 2002, 8.7% per taken each year at a total cost of \3.3 million; my annum on average and the highest of all EU Department pays \2.9 million and the remaining countries, in comparison to that of the EU as a \0.4 million is covered by the Department for whole, 2.5% per annum, was “particularly pro- Regional Development for Northern Ireland. nounced”. Moreover, it should be noted that The introduction of an all-Ireland free travel social welfare expenditure will have increased scheme would further extend the existing substantially during the three year period 2002 to arrangements by allowing pass holders to take 2005 — an overall increase of 29 %, which was onward journeys free of change. The cost of an well ahead of the corresponding increases in all-Ireland free travel scheme would ultimately prices and in earnings. depend upon the extent to which pass holders As announced in last December’s budget, over- avail of it. all spending this year on social welfare will be at My predecessor initiated discussions with the its highest ever level, \13.553 billion — an then Minister of State at the Department of increase of over \1.3 billion from the 2005 level. Regional Development in Northern Ireland in Figures are not yet available to provide a corre- September 2004. Most recently, the proposed sponding estimate of the proportion of GDP scheme was discussed at the British-Irish Inter- spent on social protection programmes in 2006. governmental Conference on 27 June 2005 and I This Government will continue to address the met with Mr. Shaun Woodward, MP, Parliamen- scope for further improvements in Ireland’s social tary Under-Secretary of State at the Northern protection infrastructure, guided by the national Ireland Office the following week during which anti-poverty strategy, while at the same time con- we discussed the introduction of a scheme. tinuing to take the measures necessary to main- Officials from my Department have regular tain economic growth and competitiveness and contacts with their counterparts in the Depart- thereby generate the resources for further social ment for Regional Development for Northern investment. Ireland concerning the operation of the existing cross-Border free travel scheme. Discussions in relation to the introduction of the proposed all- Social Welfare Schemes. Ireland free travel scheme have also taken place. 26. Ms B. Moynihan-Cronin asked the Minister Since I met Shaun Woodward, MP, there have for Social and Family Affairs the position regard- been further discussions between officials from ing the introduction of an all-Ireland free travel both jurisdictions. scheme; the latest discussions he has had on this There are a number of operational, financial issue; the reasons for the delay in its implemen- and legal matters to be addressed. These include tation; and if he will make a statement on the the need to develop a smartcard travel pass for matter. [4717/06] our customers which would improve the security of the pass and which would provide accurate Minister for Social and Family Affairs (Mr. information on the number of people using the Brennan): The programme for Government con- cards and the number of trips undertaken each 897 Questions— 9 February 2006. Written Answers 898 year. There is also a need to introduce a new cally overcome these barriers and to promote the registration and authentication process for my achievement of social inclusion, incorporating Department’s customers. clear objectives and targets, are set down in the Significant progress has been made in address- plans. ing the issues related to an all-Ireland free travel As Minister for Social and Family Affairs, I scheme. I hope to be able to make an announce- have lead responsibility for driving this process, ment regarding the scheme in the next few working closely with my ministerial colleagues months. through the Cabinet Committee on Social Inclusion. Strong institutional structures are in Anti-Poverty Strategy. place to underpin the process, including struc- tures to facilitate consultation with the social 27. Mr. English asked the Minister for Social partners, involving the community and voluntary and Family Affairs his views on whether NAPS sector. The Office for Social Inclusion, OSI, in my has lived up to its potential as an instrument to Department co-ordinates the process at official identify and remove, in a systematic way, barriers level. The plans and the reports on their imple- to people trying to break out of social exclusion into full participation in society; and if he will mentation are submitted for evaluation to the EU make a statement on the matter. [4656/06] Commission and are also considered by other member states through a process of peer review. Minister for Social and Family Affairs (Mr. The EU has acknowledged that the strategic pro- Brennan): It is now generally recognised that the cess in Ireland is well developed, but inevitably causes and effects of poverty and social exclusion points to areas to which priority for action needs are multifaceted. These require a strategic, inte- to be given in future plans. grated, multi-policy response for application at The multifaceted nature of the process pro- national, regional and local levels with the overall motes greater co-ordination among Departments aim of progressively achieving social inclusion. and agencies in meeting more effectively, in an Consultation with all the relevant stakeholders is integrated way, the needs of those who are poor an integral part of the process. and socially excluded. The exchanges, under the The Government began this type of strategic open method of co-ordination, of knowledge, process in 1997 with the first national anti-pov- experience, expertise and best practice between erty strategy, NAPS. Following the meeting of member states in relation to the common chal- the European Council in Lisbon in 2000, the EU lenges we face in tackling poverty and social embarked on a similar process through the open exclusion also greatly assist with policy develop- method of co-ordination. Member states made a ment and implementation. commitment to produce at regular intervals The commonly agreed indicators enable coun- national action plans against poverty and social tries to determine the progress being made in exclusion, NAPs/inclusion. These set down their achieving better outcomes and how such progress strategies to meet commonly agreed objectives compares with that of other countries. The degree and the measures to implement the strategies to which progress can be made is for all countries over the period of the plans. The main aim of the constrained by the need to maintain economic process is to make a decisive impact on poverty competitiveness and growth which are the basic EU-wide by 2010. motors for ending poverty and creating a socially The national anti-poverty strategy has now inclusive society. However, the process also been combined with EU process, which involves shows that effective social policies have positive broadly the same approach and seeks the same economic effects, particularly in supporting vul- outcomes in terms of progressively reducing and nerable people in obtaining the education, skills ultimately eradicating poverty and social and opportunities to obtain employment, and the exclusion. independence and self-sufficiency it confers. Fail- The Deputy will be aware that Ireland has pro- ure to reduce and ultimately eradicate poverty duced two NAPs/inclusion covering the periods can impose a serious burden on a country’s econ- 2001-2003 and 2003-2005, respectively. The next omic capacity, in addition to the social costs and NAP/inclusion, delayed by a year to accommo- real suffering for so many. date participation by the ten new member states, The strategic process being implemented is scheduled to be submitted by September 2006. through successive NAPs/inclusion is, therefore, This will form part of a new streamlined process, at the very core of this Government’s social and which will also include strategies on pensions, and economic policies. on health and long-term care. The current NAP/inclusion contains a series of The strategic approach has, over almost ten commitments across relevant policy areas, includ- years, become embedded in the policy making ing targets to increase participation in employ- and policy development process. The strategies ment, to improve levels of educational attainment have helped identify the barriers that may and to improve access to services and good qual- prevent people breaking out of poverty and social ity housing. A review of implementation of the exclusion largely using an evidence based plan was undertaken in June 2005 and found that approach. The measures required to systemati- some 51 of its 58 targets and commitments had 899 Questions— 9 February 2006. Written Answers 900

[Mr. Brennan.] 62. Mr. S. Ryan asked the Minister for Social either been met or were in the process of being and Family Affairs when he expects to introduce met. the revised diet supplement payment he promised EU member states are due to submit the next when he launched the recent report on the cost round of NAPs/inclusion, covering the two year of healthy eating and the cost of special diets; the period from 2006 to 2008, to the EU in way in which the revised payment will differ from September 2006. In September last year, OSI the current one; and if he will make a statement embarked on an extensive consultation process on the matter. [4699/06] with stakeholders, including people who are experiencing poverty and social exclusion and 66. Mr. Coveney asked the Minister for Social those who work to support them directly or and Family Affairs if and when he intends to indirectly, in an effort to avail at first hand of introduce new regulations for the diet sup- their knowledge, experience and expertise. This plement; and if he will make a statement on the consultation process will culminate with the matter. [4649/06] Social Inclusion Forum which is to be held on 15 February. Minister for Social and Family Affairs (Mr. Since 1997 when this strategic process com- Brennan): I propose to take Questions Nos. 28, menced, we have achieved unprecedented levels 38, 62 and 66 together. of economic growth and improvements across the Diet supplements are provided through the board in our living standards. The greatest social supplementary welfare allowance scheme, which as well as economic achievement of this period is administered on my behalf by the community has been the huge level of job creation. Employ- welfare division of the Health Service Executive. ment creation affords the main route out of pov- Any person who is receiving a social welfare or erty and social exclusion and, in particular, it has health service executive payment, who has been halted and reversed involuntary emigration, prescribed a special diet as a result of a specified which for so long in Ireland has been one of the medical condition and who is unable to provide more tragic and enduring forms of social for his or her food needs from within his or her exclusion. A combination of sound economic and own resources, may qualify for a diet supplement active social policies based on social partnership under the supplementary welfare allowance have been the basis of this success, to which many scheme. Diet supplements are subject to a means other countries now look for guidance in meeting test. Under the existing scheme, the amount of the same type of challenges. supplement payable in individual cases depends on which of two categories of diet — low cost or Our task now is to prepare the next action plan high cost — has been prescribed by the appli- that will address, as a priority, the needs of those cant’s medical adviser, and the income of the who have not been as successful in benefiting individual and his or her dependants. from our economic boom of recent years. This With effect from 1 January 2004 the diet sup- will involve removing barriers, especially to plement scheme was restructured to take account employment, that may have impeded them in the of increases in both social welfare payment rates past and giving them the supports they need to and the rate of food inflation. In the case of new achieve social inclusion in the Ireland of today. applicants for diet supplement the amount of sup- I have a strong commitment to ensuring social plement payable is based on increased up to date inclusion will be achieved for the many who still diet costs, \44 for lower cost diets or \57 for remain vulnerable in our society. The Govern- higher cost diets, less one third of the applicant’s ment is fully committed to taking the necessary income or one sixth of the joint income in the measures, within the economic constraints, to case of a couple. Because increases in the social provide for the necessary measures in the next welfare payment rates were higher than food NAP/inclusion. price inflation since 1996, the shortfall to be met by the diet supplement is less than it was in the Social Welfare Benefits. past. However, as a special arrangement, people who were in receipt of a diet supplement prior to 28. Mr. Bruton asked the Minister for Social the introduction of the revised regulations on 1 and Family Affairs when he intends to introduce January 2004 continue to receive their existing the new measures for the diet supplement; and if rate of supplement until such time as there is a he will make a statement on the matter. change in their circumstances that would warrant [4644/06] a review of their cases. In order to inform a re-appraisal of the scheme, 38. Mr. Gormley asked the Minister for Social my Department commissioned a study by an and Family Affairs when he intends to introduce expert from the Irish Nutrition and Dietetic a revised supplement system for people on special Institute. The study examined the special diets diets to take account of the findings of the recent prescribed in legislation for which assistance is Irish Nutrition and Dietetic Institute Report available through the existing diet supplement which found large variations in current food scheme. The study also considered the appro- prices. [4685/06] priate level of assistance required to cater for any 901 Questions— 9 February 2006. Written Answers 902 additional costs involved in providing for neces- Weekly payments of FIS are made to families, sary special diets, relative to the cost of a normal including one-parent families with children, healthy eating diet. This report was formally where one or more parent is in full-time remuner- presented to me on 23 January 2006. ative employment of not less than 19 hours per The Report of the Irish Nutrition and Dietetic week or 38 hours per fortnight, where the Institute is the most comprehensive review of employment is likely to last at least three months specialised diets and food costs that has been and where the income of the family is less than a carried out in the past decade. The study found prescribed weekly threshold. This threshold var- that the price of a healthy food diet in general ies in line with the number of children in the varies considerably depending on where a person family. shops. Food costs in some cases can be 57% more The number of families with incomes below on average in convenience stores than in the large these thresholds who are eligible for family low-cost stores. income supplement are not directly comparable The study recommends a new framework for with income statistics compiled by the Revenue classifying the various diets under which all the Commissioners for a number of reasons, includ- existing prescribed diets would fall into four cat- ing the fact that the Revenue data do not, gener- egories, namely, a gluten free diet; a low lactose ally speaking, take into account the number of milk free diet; a high protein high calorie diet; hours worked, the number of children in a family and a liquidised altered consistency diet. nor social welfare income which might not be My Department is finalising a revised scheme taxed but would still be taken into account for and regulations which will take account of the FIS. findings and recommendations of the study. I It is not possible to estimate from administra- recognise that not everybody is in a position to tive sources the number of families who would be do their shopping at the cheapest shops. For that eligible but do not apply for their entitlements reason, I intend to base the new diet supplement under the family income supplement scheme. scheme on the food costs at convenience stores in However, research undertaken by the Economic order to protect the position of those who cannot and Social Research Institute, ESRI, in 1997, shop around due to location, age or other reason. which was based on the results of the Living in My objective is to ensure that nobody who has Ireland Survey 1994, suggested that fewer than been prescribed a special diet will have to spend one in three of potentially eligible claimants were more than one third of his or her income on food. actually in receipt of the payment. Since those Pending finalisation of new regulations, diet sup- with a higher entitlement are more likely to avail plements continue to be provided for existing of the scheme, the take-up in expenditure terms recipients and new applicants as heretofore. was estimated to be somewhat higher, at between In addition to improving the diet supplement 35% and 38% of potential expenditure. It is scheme, I also want to ensure that other social expected that the ESRI will produce more recent welfare recipients can afford a healthy eating diet. data on family income supplement later in the The record increases in weekly social welfare first quarter of 2006. payment rates introduced by the recent budget My Department undertakes a number of pro- will help to achieve this. active measures to ensure that people are aware of possible entitlement to family income sup- 29. Ms B. Moynihan-Cronin asked the Minister plement. These include advising all newly for Social and Family Affairs the number of awarded one-parent family payment recipients, recipients in receipt of family income supplement advising all employers annually in PRSI mailshots at the latest date for which figures are available; and examining entitlement for all recipients of the way in which this figure compares with statis- the back to work scheme. tics compiled by the Revenue Commissioners on FIS has also been extensively advertised on the number of earners within the income limits; local and national press and radio, in poster cam- his plans for a campaign to promote greater paigns and targeted mailshots. Information on all awareness of family income supplement; and if he social welfare schemes is also available on the will make a statement on the matter. [4716/06] Department’s website and from any of the Department’s local offices. Minister for Social and Family Affairs (Mr. While there has been extensive publicity, I am Brennan): The number of families benefiting concerned that people who may be entitled to FIS from the family income supplement scheme on 3 are not applying for it and my officials are cur- February 2006 was 17,382. Payment was made in rently preparing a national advertising campaign respect of 33,942 children. to fully inform all potential recipients of their Family income supplement, FIS, is a payment entitlements under the FIS scheme. made to families who are in low-income employ- ment with children, thereby preserving the incen- 30. Mr. Bruton asked the Minister for Social tive to remain in employment in circumstances and Family Affairs the number of people who where they might only be marginally better off have been availing of the rent supplement for 18 than if they were fully reliant on social welfare months or more; and if he will make a statement payments. on the matter. [4645/06] 903 Questions— 9 February 2006. Written Answers 904

36. Mr. Hayes asked the Minister for Social and The rental assistance arrangements will also Family Affairs the progress which has been made cater for new applicants for rent supplements and on the long-term initiative for rent supplement people who have been receiving rent supplement tenants as announced on 4 July 2004; and if he for less than 18 months as long as the local auth- will make a statement on the matter. [4660/06] ority is satisfied that they have a long-term hous- ing need. These people will be eligible for some 39. Mr. Connaughton asked the Minister for form of assistance from their local authority Social and Family Affairs the number of people under the scheme, whether that is contracted who were in receipt of the rent supplement for 18 rental accommodation, voluntary housing or a months or more and who were passed on to the local authority house. The question of which type local authority for a housing assessment have had of accommodation unit is provided to any individ- their housing needs met; and if he will make a ual and for how long will be a matter for the local statement on the matter. [4647/06] authority to decide. Local authorities are in the process of negotiating with landlords to form a 73. Mr. Connaughton asked the Minister for stock of contracted accommodation, as well as Social and Family Affairs the number of people negotiating with the existing landlords of tenants receiving the rent supplement for 18 months or on rent supplement. more who have been passed on to a local auth- The new rental assistance arrangements ority for a housing assessment; and if he will provide an imaginative additional approach in make a statement on the matter. [4646/06] supporting people with longer-term housing needs. By definition, people on rent supplement Minister for Social and Family Affairs (Mr. for extended durations have a long-term housing Brennan): I propose to take Questions Nos. 30, need that they cannot otherwise meet, and many 36, 39 and 73 together. of them are on local authority housing lists. Under the supplementary welfare allowance The new scheme, particularly the rental accom- scheme administered on my behalf by the com- modation component, will reduce housing waiting munity welfare division of the Health Service lists by providing a useful additional mechanism Executive, a weekly or monthly rent supplement for providing social housing alongside more trad- itional social housing construction programmes is available to assist eligible people who are and the expansion of the voluntary housing unable to meet their immediate accommodation sector. needs through their own resources. At the end of 2005, 60,176 households were in In recent years, a significant number of people receipt of assistance under the rent supplement have come to rely on rent supplements for scheme. Over half of these, almost 33,000 tenants, extended periods, including people on local auth- have been on the scheme for 18 months or more. ority housing waiting lists. In response to this My Department and the Health Service Execu- situation, the Government has introduced new tive are actively assisting the local authorities and rental assistance arrangements giving local auth- the Department of the Environment, Heritage orities specific responsibility for meeting the and Local Government in implementing the new longer-term housing needs of people receiving arrangements. For example, that Department has rent supplement for 18 months or more, on a been supplied with detailed information in phased implementation basis. When fully oper- relation to the 33,000 people who have been on ational, local authorities will meet the housing rent supplement for 18 months or more. My needs of these individuals through a range of Department has also provided these details to approaches including the traditional range of each programme manager appointed by the social housing options, the voluntary housing sec- local authorities. tor and, in particular, a new public-private part- While I am disappointed that the level of ten- nership type rental accommodation scheme. ant placements under the scheme to date is rela- The Department of the Environment, Heritage tively low, I note that the rate of transfer has and Local Government has indicated that 724 increased over the last three months. I appreciate tenants have been accommodated under the that the scheme is a major new direction for local rental accommodation scheme at the end of housing authorities and that there will undoubt- January 2006. This is the first step towards having edly be problems in developing a comprehensive the new arrangements fully operational nation- range of options under the scheme to match wide by September 2008. demand. There may also be problems for local These arrangements are intended to be a long- authorities in taking on some individual existing term housing option for the people concerned. In rented accommodation. order to finance this initiative \19 million was As the system rolls out, it is expected that local transferred from my Department’s Vote to the authorities will deal with any such situation using Environment, Heritage and Local Government their statutory powers in relation to housing stan- Vote in 2005 and a further \19 million has been dards and provide a suitable solution under the transferred for 2006. Similar arrangements will scheme for the tenants concerned. If the local apply in successive years as the new arrangements authority cannot do so immediately for any are implemented. reason, there is no question of those people being 905 Questions— 9 February 2006. Written Answers 906 left without housing support, as rent supplement National Bureau for Fraud Investigation recently can continue to be provided by my Department announced the successful break up of a group in their existing accommodation on a pro-tem producing forged free travel passes. It credited its basis until the situation is resolved. success to the co-operation between my Depart- Overall, I am satisfied that, while progress in ment, CIE and the bureau. terms of tenants transferring has been somewhat slow initially, the long-standing difficulties faced Social Welfare Benefits. by long-term private sector tenants are being tackled and all of the relevant agencies are co- 35. Mr. Gormley asked the Minister for Social operating actively to make the new system work and Family Affairs if his attention has been successfully. drawn to the difficulties being placed on parents who are in receipt of single parent allowance Question No. 31 answered with Question from their local post offices and only have four No. 14. days to collect payments; and his plans to extend the collection period. [4684/06] Question No. 32 answered with Question No. 8. Minister for Social and Family Affairs (Mr. Brennan): The one-parent family payment, Question No. 33 answered with Question OPFP, is the income support scheme for separ- No. 14. ated, unmarried and widowed persons and also for prisoners’ spouses who are bringing up a child Public Service Cards. or children without the support of a partner. At the end of December 2005, the total number of 34. Mr. Gogarty asked the Minister for Social one parent family recipients being paid by my and Family Affairs if he will report on progress Department was 83,066. Included in this figure being made in his Department on the introduc- are payments to 906 widowed persons. tion of new travel pass cards that will facilitate The current scheme was introduced in 1997 the detection of fraudulent activity; and when when it replaced a number of schemes for differ- such cards will be introduced. [4682/06] ent categories of lone parent. These schemes Minister for Social and Family Affairs (Mr. included lone parents allowance and deserted Brennan): The Department is co-ordinating an wife’s benefit. Under the current scheme lone interdepartmental initiative to develop a public parents are encouraged to maximise their income service card. This programme of work is known from different sources and the means test for this as the SAFE, standard authentication framework scheme makes provision for the exemption of sig- environment, initiative. The process is intended nificant levels of earnings and maintenance to produce a framework for public cards which payments. \ will provide a branded standard for cards within Lone parents may earn up to 146.50 per week which individual public service cards can con- from employment without affecting their pay- verge. Over time it is anticipated that this conver- ment. Above that level, half of any earnings are \ gence will reduce the need for customers to carry assessed, up to a maximum of 293 per week. The \ \ multiple cards. maximum limit of 293 is being increased to 375 A progress report on deliberations by the inter- per week with effect from June 2006 as a result departmental SAFE steering group was of changes introduced in the last budget. Lone presented to Government in 2005. Subsequent to parents may also be eligible to avail of the range this, the Government approved plans for the of employment support services operated by the development by my Department of a public Department. service card, to be introduced in 2007. The public Following a review of the arrangements for service card will introduce a number of improve- administering the scheme, it was decided that ments, including an improved registration process services should in future be provided through my and new card technology which will support much Department’s local offices. The primary aim of improved security features and considerably providing services at local level is to improve cus- reduce the potential for forging cards and fraudu- tomer service by reducing claim processing times lent use. My Department is looking at the poten- through closer linkage with the local investigative tial for ultimately using this public service card in officer network. Furthermore, by accessing conjunction with the free travel scheme. services at local level lone parents come into My Department is committed to the continued direct contact with my Department’s employment co-operation with the Garda and the various support services. These services provide support transport operators in combating fraudulent and encouragement to lone parents to access edu- activity on the free travel pass scheme. My cational courses through schemes such as the Department has a very good working relationship back to education scheme or to take up work with with the transport operators and the Garda in the support of the back to work allowance relation to combating fraud related to the free scheme. travel scheme. Regular liaison occurs and passes My Department currently processes new appli- are seized where fraud is suspected. The Garda cations for one-parent family payment, OPFP, at 907 Questions— 9 February 2006. Written Answers 908

[Mr. Brennan.] and Family Affairs the statistical breakdown in 36 social welfare local offices. Plans are in place respect of each Health Service Executive area on to move claims already in payment, which are the outcome of appeals to the designated officer currently administered in Sligo, to social welfare for appeals in each Health Service Executive area local offices during 2006 and for this move to be regarding applications for social welfare rent sup- finalised early in 2007. The benefits of having plement allowance that have been refused by a these claims administered at local level are superintendent community welfare officer. already evident as the average processing time for [4507/06] claim applications has dropped from 16 weeks to an average of seven weeks since the change. 53. Mr. Curran asked the Minister for Social Some 17,000 claims for one-parent family pay- and Family Affairs, further to the social welfare ment are received each year — equivalent to 330 rent supplement allowance, the reason decisions per week on average. There are currently 3,608 on appeals are not made as quickly as the one-parent family payment applications awaiting decisions being appealed against. [4508/06] final decision. In addition to processing of new claims, there is significant ongoing interaction Minister for Social and Family Affairs (Mr. with existing clients. Generally, recipients of one- Brennan): I propose to take Questions Nos. 37 parent family payment are in a relatively young and 53 together. age bracket and they are likely to move in and The supplementary welfare allowance scheme, out of employment, education or training on a SWA, which includes rent supplement, is admin- regular basis or to have other changes in their istered on my behalf by the community welfare family or household circumstances during the division of the Health Service Executive, HSE. course of their entitlement to payment. Approxi- The purpose of the scheme is to provide short- mately 70,000 existing cases — an average of term income support to eligible people living in 1,300 per week — are reviewed for these reasons private rented accommodation whose means are each year. insufficient to meet their accommodation costs As part of the preparations for moving the and who do not have accommodation available to administration of the OPFP scheme to local level them from any other source. Neither I nor my some 44,000 OPFP customers who up to this time Department has any function in relation to were paid by means of an order book will, from decisions on individual claims or in relation to the middle of this month, collect their payment in decisions of the executive’s appeals officers. post offices by using their social services card. As Where a person is dissatisfied with the outcome part of the Department’s control processes, the of an application for rent supplement he or she payment should be collected by close of business may appeal against the decision to the appeals on the Tuesday following the Thursday payday. officer in the relevant HSE area. If the person is If the money is not collected by then, contact not satisfied with the decision of the HSE appeals should be made with the Department. office the person may further appeal the decision In circumstances where the customer has been to the independent social welfare appeals office. unable to collect the payment, for instance due to The HSE has supplied the following statistics illness, work commitments, holidays etc., arrange- on rent supplement appeals for the calendar year ments are made to have the payment reissued as 2005; there were 549 rent supplement appeals soon as possible and the payment is not forfeited. allowed, 860 rent supplement appeals disallowed This payment method has been in operation for and 267 rent supplement appeals withdrawn in certain one parent families for some years. Cur- the HSE appeals offices. A breakdown of the rent rently, nearly 6,000 one-parent family payment supplement appeals by HSE area is shown in the customers receive their payment weekly in the tabular statement set out below. post offices using this payment method and they The timescale for completing an appeal from are generally satisfied with the arrangement. the date of receipt to the communication of a Although existing customers on EIT payments determination is dependent, among other things, are satisfied with the system I have asked my on the availability of the required information officials to review the situation regarding the such as details of the applicant’s income, bank period of these payments with a view to statements, information from landlords etc. The extending it if possible. Any customer having dif- person who originally made the decision may be ficulty with collecting the payment every week asked to review the case in the light of any can contact the one-parent family payment additional information supplied in relation to section in Sligo who provide advice on a range of the appeal. other payment options. In addition, some aspects of the appeals pro- cedure are inevitably time consuming and delays Question No. 36 answered with Question can occur where the grounds of appeal require No. 30. further investigation such as home visits or third party evidence. Delays can also occur if an appell- ant is not in a position to proceed with an appeal Social Welfare Appeals. or is slow to respond to requests for additional 37. Mr. Curran asked the Minister for Social information. 909 Questions— 9 February 2006. Written Answers 910

The provision of a prompt service is a major and the Department of Enterprise, Trade and objective of any appeals office. This has to be Employment. achieved, however, in a manner that is consistent The Pensions Board has a very limited role in with the demands of natural justice and the need ensuring compliance with the scheme in question. to ensure that every appeal is fully investigated. However, because of ongoing controversy in Accordingly, in certain cases the time taken to relation to the scheme and compliance with its process an appeal of a rent supplement claim may terms, the board facilitated a report on the take longer than the time taken to process the scheme in conjunction with the Department of original decision. Enterprise, Trade and Employment. The report The HSE has advised that, in general, the was undertaken by Mercer Human Resource period for the completion of the rent supplement Consulting and it found that 80% of the esti- appeals process in the HSE is 21 to 28 days. mated 80,000 eligible employees in the industry However, cases of greater complexity may are covered by the scheme. However, the report require a longer period. does highlight the fact that an estimated 70,000 operatives are classed as self-employed and are Rent Supplement Appeals by HSE Area 2005 therefore not eligible to join the scheme. HSE Area Allowed Disallowed Withdrawn Mercer has made a range of recommendations designed to improve compliance with the scheme Eastern 227 288 86 involving the Department of Enterprise, Trade and Employment, the Department of Finance, Midland 8 12 — the Revenue Commissioners and my Depart- Mid-Western 74 84 25 ment. Copies of the report have been provided to North Eastern 7 18 2 the relevant Ministers. North Western 12 38 5 In relation to my Department, the report South Eastern 31 96 41 recommended that consideration by given to Southern 181 271 108 using the PRSI system as a means of enforcing Western 9 53 — the scheme and collecting contributions. This gives rise to a number of major issues, not least Total 549 860 267 of which is the extent to which the Department should be directly involved in the administration Question No. 38 answered with Question of what is a private pension scheme. Major legis- No. 28. lative change would be required and the account- ing and operational arrangements of the PRSI Question No. 39 answered with Question system would need to be adapted to meet the No. 30. needs and requirements of a funded pension system. In the circumstances, my Department Pension Provisions. does not consider the use of the PRSI system is appropriate or practical. Putting the Construction 40. Ms Lynch asked the Minister for Social and Industry Monitoring Agency on a statutory foot- Family Affairs the steps he is taking to address ing and dealing with issues in relation to self- continuing concerns regarding reported large employment in the industry, as also proposed in scale abuse of the construction industry pension the Mercer report, are in my view the ways for- scheme; and if he will make a statement on the ward. These are matters for the Minister for matter. [4712/06] Enterprise, Trade and Employment and the Revenue Commissioners, respectively. Minister for Social and Family Affairs (Mr. Brennan): The construction federation operatives Following a meeting I had with trade unions pensions scheme operates as a registered employ- representing construction workers, I have taken ment agreement under the Industrial Relations up with my colleague, the Minister for Finance, Acts. There is a statutory obligation on the issue of requiring compliance with the employers to register eligible employees in the requirements under the construction federation scheme and to pay the necessary contributions. operatives pensions scheme by companies Compliance with the terms of the scheme is awarded public sector contracts. enforced through the Construction Industry Monitoring Agency, the Labour Court and the Question No. 41 answered with Question Department of Enterprise, Trade and Employ- No. 6. ment. The Pensions Board also has a role in relation to the scheme in so far as compliance Social Welfare Benefits. with the various aspects of the Pensions Act are 42. Mr. McCormack asked the Minister for concerned. However, the main difficulties with Social and Family Affairs the reason the child the scheme relate to failure to register employees dependant allowance has not been increased for and-or to deduct contributions to the scheme and the past 11 years in view of the fact that he has these issues are a matter for the Construction identified child poverty as one of the Govern- Industry Monitoring Agency, the Labour Court 911 Questions— 9 February 2006. Written Answers 912

[Mr. McCormack.] While the solutions to the problem of child ment’s key challenges; and if he will make a state- poverty cover a wide range of measures, including ment on the matter. [4670/06] income supports and services, I am committed to reviewing the role of child income supports in this 55. Mr. McGinley asked the Minister for Social regard. This includes examining the feasibility of and Family Affairs if the research into the merging the family income supplement and child development of a second tier payment has been dependant allowance into a second tier child completed by the NESC; when the findings are income support taking account of an examination due to be published; and if he will make a state- being carried out in this area by the National ment on the matter. [4671/06] Economic and Social Council. The NESC is currently considering its draft 67. Mr. P. Breen asked the Minister for Social report and I look forward to receiving a finalised and Family Affairs the progress to date in 2006 report which will be of significant assistance in on introducing a two-tier payment targeted at informing the future direction of child income children in poverty; and if he will make a state- support policy. Any future proposals in relation ment on the matter. [4643/06] to CDAs and FIS will be assessed in the wider context of this review. Minister for Social and Family Affairs (Mr. Brennan): I propose to take Questions Nos. 42, Emigrant Support Services. 55 and 67 together. 43. Mr. Rabbitte asked the Minister for Social My Department provides child income support and Family Affairs if he will make a statement in a number of ways. The principal support is on his recent visit to the United States and his child benefit, a universal payment which is neu- discussions with Irish emigrant groups there; and tral vis-a`-vis the employment status of the child’s if he will make a statement on the matter. parents and does not contribute to poverty traps. [4719/06] Over the period since 1997, the monthly rates of child benefit have increased by \111.91 at the Minister for Social and Family Affairs (Mr. lower rate and \135.48 at the higher rate, Brennan): The role of my Department in sup- increases of 293.8% and 273.6 %, respectively. porting Irish emigrant groups abroad has centred From April 2006, child benefit rates will be on providing good quality, clear and comprehen- \150 per month for each of the first two children sive information for Irish people who wish to and \185 per month for the third and each sub- return to live in Ireland. My Department ensures sequent child. Child benefit is paid to over that appropriate and relevant information for our 547,540 families in respect of approximately emigrants abroad is available by funding and sup- 1,060,740 children. porting the various voluntary agencies involved A second child income support is child depend- in this work. In carrying out these functions my ant allowance, paid in addition to weekly social Department works closely with the Irish abroad welfare payments in respect of approximately unit of the Department of Foreign Affairs which 255,737 children at full rate and 83,577 at half has primary responsibility for policy relating to rate. In addition, my Department provides cash emigrants and their support while abroad. support by way of weekly payments to families Emigrant Advice is the main voluntary organis- at work on low pay through the family income ation in Ireland involved in providing information supplement scheme. A number of improvements for people intending to go abroad to work and for those emigrants abroad who are considering have been made to the scheme over the years, coming home. In 2005 my Department provided including assessment of entitlement on the basis some \150,000 to assist this organisation with its of net rather than gross income and progressive work, which included the updating and publi- increases in the income thresholds, making it eas- cation of the information guide entitled “Return- ier for lower income households to qualify for ing to Ireland”. This guide includes information payment. As a result, there are currently over on a wide range of topics including social welfare, 17,400 families receiving a weekly FIS payment, health, pensions, taxation, education and accom- reaching nearly 34,000 children. This is the high- modation. The information is presented in a way est number of FIS recipients in the history of that is tailored to the needs of targeted groups of the scheme. people, for instance, the elderly coming home to Child poverty is clearly a complex area requir- retire, single people returning to Ireland to find ing co-ordinated action across a range of Govern- work, and the needs of families hoping to start a ment services and income support payments. The new life in Ireland. The guide outlines in a com- development of income supports which can make prehensive way the benefits and costs associated the most effective contribution to child poverty with returning to Ireland to live. Copies have lies within my Department’s responsibilities and been posted to all our Irish immigrant centres a series of budgets have increased considerably in abroad and to all Irish embassies and consulates. real terms the level of resources which are going It has also been widely distributed to organis- to families with children. ations in Ireland with an information giving role 913 Questions— 9 February 2006. Written Answers 914 such as citizens information centres, FA´ S offices dence and bogus identities. The Department is and social welfare local offices. aware of the concerns about identity fraud and I accepted an invitation from the board of the the need for a robust control system to address Emerald Isle Immigration Centre to visit their these concerns but is not aware of high levels of premises in New York on 1 February 2006 and to fraud involving bogus PPS numbers. launch the guide at a gathering of Irish advice Identity fraud is an issue which has the poten- workers from Irish immigration centres through- tial to affect a wide range of public sector agen- out the USA. I feel it is important to demonstrate cies. My Department recognises that an efficient our support for our emigrants and emigrant and effective response to the issue requires a groups. My visit to the centre was an opportunity multi-agency approach. To this end, staff in my to demonstrate that support and to help publicise Department are in constant contact with the this very important guide as broadly as possible. appropriate external agencies, including I also accepted an invitation from the Irish Revenue, the Garda national immigration Immigration and Pastoral Centre in Philadelphia bureau, GNIB, and, as required, with authorities to visit its centre on 2 February 2006. This year in other countries. Formal co-operation pro- my Department provided funding of \25,000 to cedures are in place with the GNIB and relevant the centre for an information project to meet the information is shared in accordance with legislat- needs of Irish immigrants in the Philadelphia and ive provisions. A member of my staff is on Delaware region. At the centre I met representa- secondment to the GNIB to further enhance the tives of various Irish immigrant groups and other co-operation between the two bodies. In addition, organisations and discussed how my Department staff from my Department participate in a work- could assist and support them in the provision of ing group, set up within the Revenue Commis- information and advice to Irish immigrants. sioners, tasked with reporting on the issue of In both New York and Philadelphia, I was identity fraud and the misuse of PPS numbers. briefed and updated on the growing concerns My Department has a dedicated section deal- over the situation of the undocumented Irish in ing with identity fraud in relation to PPS number the US and the problems they are currently allocations. Staff in this section have received encountering. In addition, while in Philadelphia I training in the area of document fraud from a took the opportunity to visit the Social Security number of sources, including the relevant issuing Administration Centre when I had the oppor- authorities, via their embassies, and from the tunity to see and hear at first hand how they use GNIB. This allows the section to operate a full- telephone facilities to provide enhanced services time help desk facility for front line staff and to to customers. provide training and support to them. Equipment has been installed in each of my Questions Nos. 44 and 45 answered with Ques- Department’s local and branch offices to assist in tion No. 14. the identification of forged or altered docu- mentation. In addition, plans are advanced to Question No. 46 answered with Question consolidate the number of offices allocating PPS No. 6. numbers to one per county and this will allow for increased co-ordination and will facilitate Question No. 47 answered with Question enhanced control measures. My Department also No. 14. plans to expand the role of the inspectorate in this work, in order to increase its focus on the Identity Fraud. issue of hijacked and bogus identities, as well as improving the support to local offices at 48. Mr. Cuffe asked the Minister for Social and registration. Family Affairs the steps which have been taken to establish a multi-agency taskforce to deal with Question No. 49 answered with Question identity fraud in view of increased levels of bogus No. 6. personal public service numbers to claim welfare benefits or bypass the work permit system. [4680/06] Social Welfare Agency. 50. Ms McManus asked the Minister for Social Minister for Social and Family Affairs (Mr. and Family Affairs his plans, announced in an Brennan): Since my Department assumed direct interview with a paper (details supplied) of 2 responsibility for the allocation of PPS numbers August 2005, for the establishment of a new in 2000, we put in place and have continuously agency to take over responsibility for the admini- improved operational structures and processes. stration and payment of welfare benefits; when Allocation of the PPS number as an identity ref- the agency will be established; if same will require erence number is dependent on the production of legislation; and if he will make a statement on the sufficient evidence to establish the uniqueness matter. [4714/06] and integrity of the identity. Procedures at regis- tration and supporting structures have concen- Minister for Social and Family Affairs (Mr. trated on supporting the detection of false evi- Brennan): As I stated on 27 October 2005 in my 915 Questions— 9 February 2006. Written Answers 916

[Mr. Brennan.] delivery of social welfare services will be con- reply to questions reference Nos. 30955/05 and sidered in this context. 30980/05, my Department is pursuing a modernis- ation programme which aims to build on the qual- Pension Provisions. ity service it provides at present and to ensure an 51. Ms Burton asked the Minister for Social excellent service is maintained into the future. and Family Affairs the action he intends to take The establishment of a separate agency to admin- arising from the recent report from the European ister and deliver social welfare payments is one Commission which claimed that the Government of a number of options that are under consider- was not doing enough to deal with the imbalance ation as part of a welfare service modernisation in pension coverage here; and if he will make a programme. statement on the matter. [4702/06] The proposal for a separate social welfare agency has to be examined in detail before full 54. Mr. Broughan asked the Minister for Social consideration can be given to its feasibility. It is and Family Affairs his views on the recent publi- necessary to determine the best approach to cation of the national pensions review; if it is undertaking such an exercise having regard to the intended to implement the recommendations range of issues involved as well as the potential contained in the report; and if he will make a scope of its impact. Legal, operational, personnel statement on the matter. [4701/06] and industrial relations matters will have to be addressed. Assessments must be made regarding 63. Mr. Deenihan asked the Minister for Social potential improvements in services and the econ- and Family Affairs further to the current review omies or efficiencies that might accrue from a of the pension system here, if his Department has changed structure. My Department will be exam- come to any decisions; if not, when he expects ining the experiences of countries which have decisions to be made; the incentives or measures already pursued this approach and taking on which will be put in place to encourage people to board the lessons from those countries so as to take up pensions; and if he will make a statement avoid any difficulties which could arise. on the matter. [4655/06] The concept of a separate agency for the deliv- ery of social welfare services is not new. A 69. Ms Burton asked the Minister for Social number of countries such as New Zealand and and Family Affairs the total number of persons Australia have followed the route of setting up who have taken out PRSAs at the latest date for separate executive agencies to deliver some of which figures are available; the overall proportion their services. Most Deputies will be aware of the of the eligible workforce this represents; his plans Benefits Agency which was set up in the UK as to review the scheme in view of the low take up an executive agency within the Department of rate to date in 2006; and if he will make a state- Social Security. The Benefits Agency was ment on the matter. [4703/06] replaced by Jobcentre Plus in April 2002 and it currently operates under the aegis of the Depart- 132. Mr. Durkan asked the Minister for Social ment for Work and Pensions. The administration and Family Affairs his plans for State or social of state pensions in the UK is the responsibility welfare pensions in the future; and if he will make of The Pension Service, which is also an executive a statement on the matter. [4900/06] agency of the Department for Work and Pensions. Minister for Social and Family Affairs (Mr. Brennan): I propose to take Questions Nos. 51, My Department has been structured on Aire- 54, 63, 69 and 132 together. acht-Executive lines since the mid-1980s. The The latest results from the CSO quarterly Aireacht is responsible for researching and for- national household survey, QNHS, show a 0.9% mulating social welfare policy. It also provides a decline in supplementary pensions coverage from range of corporate services including personnel 52.4% of the working population aged 20-69 in and finance. Social welfare services is the execu- quarter one of 2004 to 51.5% in the same quarter tive arm of the Department and is responsible for of 2005. The decline is within the margin of error the administration and management of social wel- for the survey so the position appears to be that fare schemes and services through a network of there has been little change in the rate of sup- local, regional and decentralised offices. plementary pensions coverage over the last year. The setting up an executive agency to deliver The most recent figures from the Pensions Board social welfare services would be a major change show that up to the end of December 2005 68,257 in the operations of my Department. I am also PRSAs have now been taken out with a total conscious that my Department is currently asset value of \451 million. embarking on a significant programme of change As the House will be aware, in early 2005 I under the Government’s decentralisation initiat- asked the Pensions Board to bring forward by ive. At all times my Department’s priority is to one year a review of our overall pensions strategy provide a comprehensive and caring service to its because I considered that on the basis of the pro- customers and any proposals for changes in the gress being made there was little prospect of 917 Questions— 9 February 2006. Written Answers 918 reaching our targets for pensions coverage in any Social Welfare Fraud. kind of reasonable timescale. The Pensions Board 56. Mr. Gilmore asked the Minister for Social completed its work in November 2005 and I pub- and Family Affairs his views on reports that his lished the report on 17 January. The board has Department has discovered a significant level of reaffirmed the various targets recommended in fraud involving the use of bogus PPS numbers; if the original national pensions policy initiative his Department has any estimate of the number which included a retirement income, from all of bogus PPS numbers issued; the steps being sources, of 50% of pre-retirement income, a taken to address this problem; and if he will make social welfare pension equating to 34% of aver- a statement on the matter. [4706/06] age industrial earnings and a supplementary pen- sions coverage rate of 70% for those aged over Minister for Social and Family Affairs (Mr. 30 years. The Government is already committed Brennan): My Department has responsibility for to achieving a social welfare pension of \200 per the management and administration of the PPS week by 2007. numbers. Since taking over this role from The Pensions Board has recommended Revenue, we have monitored the use of numbers enhancements to the current voluntary system of and enhanced our controls to minimise fraudu- supplementary pensions as it considers that the lent use of them. In recent years, the changing voluntary system has the potential to deliver sig- nature of the labour force, in particular the nificant improvements in coverage. Essentially growth in workers from abroad, has raised the these suggestions involve using the successful need for different and enhanced controls over elements of the SSIA system in a pensions con- issuing and use of PPS numbers. My Department text by converting the tax relief provided for per- has introduced significantly enhanced procedures sonal pensions to a matching contribution. I have and controls in response to these changes. Recent already had discussions with the Minister for Fin- media reports of significant levels of identity ance on the possibility of implementing the fraud are based on studies carried out before suggestions of the Pensions Board and officials these changes were put in place. will examine these in more detail to determine Identity fraud is by its nature difficult to quan- the practicalities and costs of such a system. tify and My Department does not have definite There is no doubt that, with the right incen- figures on the number of bogus PPS numbers. tives, the voluntary system can deliver improved However, it is planned to carry out a fraud and pensions coverage. In this regard, I welcome the error survey in the next number of months in proposals brought forward by the Minister for order to create a baseline measure of the extent Finance in the recent Finance Bill providing of fraud and error in relation to PPS numbers. incentives for SSIA savers on lower incomes to invest in pensions. However, as I have said on When applying for a PPS number, applicants many occasions, we may have to consider a more are asked to complete an application form and radical approach and, in this regard, I am asking supply documentation to establish their identity. the Pensions Board to explore in more practical Whenever doubts arise as to the authenticity of detail the ideas for a mandatory or quasi-manda- documentation presented by an applicant, staff tory system it put forward in its review. contact a central help desk and can, if necessary, The issue of pensions has achieved a very high refer the identity documents for further examin- profile over the last year or so but I think we have ation. In 2005, my Department issued in excess yet to have an engaging debate on exactly how of 270,000 PPS numbers. Of this total, just over we will tackle the difficult questions we face in 178,000 were allocated following an interview at the years ahead. The Pension Board report chal- one of my Department’s local or branch offices. lenges us to have that debate and to decide finally A total of 1,393 documents were referred to the the type of retirement we want for our older central help desk for checking in 2005. Of these, people and the contribution we will make during 377 were found to have been forged or altered. our working lives to that future. As Deputies will The equivalent figure for 2004 is 324. In any case be aware, I am convening a national pensions where documentation presented is found to have forum, hopefully in March, and I hope that will been compromised, no PPS number is allocated. generate robust debate at national level. My Department set down certain procedures and controls to be followed by officers when deal- Question No. 52 answered with Question ing with PPS number applications. These pro- No. 24. cedures and controls are under constant review in line with my Department’s operational strategy. Question No. 53 answered with Question Currently applications for PPS numbers can be No. 37. made at any local office. Plans are being put in place to consolidate the number of centres deal- Question No. 54 answered with Question ing with applications for PPS numbers and it is No. 51. intended, in the most cases, to have one office per county issuing numbers. It is also planned to give Question No. 55 answered with Question my Department’s inspectors an expanded role in No. 42. the monitoring of the use of PPS numbers. There 919 Questions— 9 February 2006. Written Answers 920

[Mr. Brennan.] weekly payment. In the case of contributory pen- are also plans to modernise the technical and sions such as old age contributory, retirement and communication structures supporting the process. invalidity pensions, which are not means tested, a These enhancements, taken together, will lead to person may have a combined household income improved expertise at local level and to more of up to \51 per week, or savings or investments effective controls overall. of up to \46,000, over and above the maximum My Department is aware of its responsibility contributory pension rate used for reference pur- for the PPS number registration process, the poses, and still qualify for fuel allowance. The overall value of the possession of the PPS number fuel allowance income limits increase each season and the need for a robust control system to in line with the increases in this reference pen- address concerns about identity fraud. Consider- sion rate. able progress has been made since the introduc- Based on the current rates of payment for fuel tion of the PPS number and my Department will allowance, it is estimated that the extension of the continue to develop and improve its processes allowance to people who are in receipt of old age and data in this regard. contributory and non-contributory pensions but not in receipt of a fuel allowance would cost over Question No. 57 answered with Question \70 million annually. No. 14. In addition to the fuel allowance, over 320,000 pensioner and other households qualify for elec- Social Welfare Benefits. tricity or gas allowances through the household 58. Mr. Kenny asked the Minister for Social benefits package, payable towards their heating, light and cooking costs throughout the year, at an and Family Affairs if he has considered or will \ consider the extension of the fuel allowance overall cost of 109 million in 2005. As currently scheme to all older people who are in receipt of structured, these allowances are linked to unit the old age contributory and non-contributory energy consumption, so that these people are pensions; the estimated cost of same; and if he protected against unit price increases in elec- will make a statement on the matter. [4667/06] tricity or gas. Fuel allowances are incorporated in the recipi- Minister for Social and Family Affairs (Mr. ent’s weekly social welfare payment and are not Brennan): The aim of the national fuel scheme is intended to meet heating costs in full. The to assist householders on long-term social welfare Government’s objective is to ensure that the or health service executive payments with meet- recipient’s total weekly income, including the fuel ing the cost of their additional heating needs dur- allowance, is sufficient to meet all of their income ing the winter season. Fuel allowances are paid needs, including heating costs. Budget resources for 29 weeks from end-September to mid-April have been concentrated on providing significant and are not intended to meet the full cost of heat- real increases over and above inflation each year ing. Budget 2006 provided for an increase in the in all primary social welfare pension, benefit and rate of fuel allowance of \5.00 from \9.00 to assistance rates. This is a more costly approach \14.00 or \17.90 in designated smokeless areas. than increasing fuel allowances because the Some 274,000 customers — 151,000 with basic increase is paid for the full year and not just for fuel allowance and 123,000 with smokeless sup- the 29 weeks of the winter heating season. This plement — will benefit in 2006 at an estimated approach delivers a better outcome for pen- cost of \125.1 million. sioners and others by substantially increasing Eligibility is subject to means. The main con- their income in real terms over the whole year, to ditions that apply to the scheme are that a person better assist them in meeting their normal basic must be in receipt of a qualifying payment, satisfy living costs, including heating. Payment rates a means test and must either be living alone or have increased by between 47% and 57% over only with a qualifying dependant. The household the last four years, while inflation has been less composition and means test rules for fuel allow- than 13% in total over that period. ance scheme qualifying purposes is to ascertain There is also a facility available through the the ability of applicant households to meet their supplementary welfare allowance scheme to assist normal heating requirements out of their own people in certain circumstances who have special resources and to ensure the maximum amount of heating needs. If a person has an exceptional support is targeted at those most in need of the heating cost by virtue of a particular infirmity or fuel allowance support. medical condition which he or she is unable to People who already qualify for means-tested meet out of household income, it is open to him pensions or allowances such as old age non-con- or her to apply to the local community welfare tributory pension, long-term unemployment officer for a special heating supplement under the assistance or one-parent family payment do not supplementary welfare allowance scheme. Any have to undergo a further means test to qualify changes in the means rules or other conditions of for fuel allowance. The majority of people who the scheme would have significant cost impli- receive fuel allowances qualify because they cations and would have to be considered in the satisfy the relevant means test for their primary context of the budget and in the light of the 921 Questions— 9 February 2006. Written Answers 922 resources available to me for improvements in region of 900,000 do not have a private or occu- social welfare generally. pation pension. Unless this trend is aggressively addressed and reversed, hundreds of thousands of Employment Policy. people face into a retirement on the basic social welfare pension. That is why I brought forward 59. Mr. M. Higgins asked the Minister for the statutory national review by the Pensions Social and Family Affairs his views of the recent Board by more than a year. The report of the report from the OECD that suggests that the cur- Pensions Board on the National Pensions Review rent statutory retirement age should be scraped was published last month and among its sugges- and that people, in certain circumstances, should tions and recommendations are ideas on allowing be permitted to work until 85; and if he will make people to defer claiming the State pension and in a statement on the matter. [4708/06] return to receive a higher pension when they decide to claim. Minister for Social and Family Affairs (Mr. However, incentives in the social welfare Brennan): In the face of rapid population ageing, system to prolong working lives are only part of the OECD considers that there is a need to pro- the equation — essentially, there is a need for mote better employment opportunities for older fundamental change in the attitudes of both people. Much of the focus in this area revolves employers and older workers themselves to work- around the reform of social welfare pensions ing longer. systems and early retirement schemes but the OECD points to the need for a broader reform Question No. 60 answered with Question agenda which includes welfare systems, employ- No. 14. ment and dismissal procedures in firms, employ- ment services for older jobseekers, working con- ditions and wage and training practices. Child Care Services. In 2001, the OECD Employment, Labour and 61. Mr. Boyle asked the Minister for Social and Social Affairs Committee decided, as a contri- Family Affairs if his Department has statistics on bution to driving this agenda, to carry out a the- the level of child care entitlements similar to the matic review of policies to improve labour market new child care supplement for under sixes being prospects for older workers. Separate country claimed by Irish nationals in other EU member reports have been prepared for each of the 21 states. [4678/06] countries that have participated in this review. Each country report analyses the main existing Minister for Social and Family Affairs (Mr. barriers to the employment of older people, Brennan): EU Regulations 1408/71 and 574/72 set assesses the coherence and effectiveness of poli- out a number of rules to determine which country cies in removing these barriers and presents a set pays family benefits. The rules provide that the of recommendations on measures that Govern- amount of family benefits in the state where a ment should implement. person works has priority over the amount of The OECD report on Ireland was launched on payment in the state where a person lives. If the 5 December 2005 as part of the fourth FA´ S amount of family benefits in the state in which a Annual Labour Market Conference. In addition person lives is higher than that in the state in there was some publicity in relation to the con- which she or he works, the state where the person clusions of the report in connection with a High- lives provides a “top-up” equal to the difference Level Policy Forum on Ageing and Employment between the two amounts. If the parents work in Policies run by the OECD in Brussels on 17 and two different states, the state where the children 18 October 2005. live will pay family benefits and the other state The report is wide-ranging and focuses on will pay a top-up if their benefits are higher. improving employment prospects for older My Department does not have any information people aged 50 to 64 and prolonging working on the number of Irish nationals residing in other lives past normal retirement age. In this regard, member states with their families who claim as I have said before, we should do everything family benefits or child care entitlements from possible to facilitate people who wish to continue those countries. In such cases family benefits are working after normal retirement age. In relation provided under the national legislation of the to the social welfare system, the Government is member state concerned and are not affected by committed to removing, as resources permit, the the EU rules. There are currently some 125 requirement for a person to retire before they can people receiving a supplement from my Depart- receive the retirement pension. ment in accordance with EU rules on top of As I have publicly stated on a number of family benefits received from another member occasions, I firmly believe that everyone in this state in respect of their children resident in country should be entitled to a decent pension in Ireland. This arises where Irish family benefits retirement and it is that belief that has guided my are higher than the corresponding benefits in the decision to accelerate ways to tackle the pensions other member state. However, figures are not problem. As the situation now stands, out of a available where the amount of Irish family current workforce of 2 million people, in the benefits is lower than that paid by another 923 Questions— 9 February 2006. Written Answers 924

[Mr. Brennan.] dren. A minimum weekly rate of \20 per week member state in respect of Irish resident children applies. and, as a consequence, no supplement is payable. Additionally, my Department undertakes a From the information available, I understand number of proactive measures to ensure that that a number of EU member states incorporate people are aware of possible entitlement to FIS. a child care supplement within the structure of These include advice to all persons who are their family benefits systems. These countries awarded one-parent family payment and back to include Luxembourg, the Netherlands, Finland work allowance recipients. All employers are pro- and Sweden. Such payments are co-ordinated vided annually with information about the under the EU regulations. scheme in PRSI mailshots. Information on FIS is contained in all child benefit books and can be Question No. 62 answered with Question accessed on the Department’s website. These No. 28. methods will be supplemented by a specific and targeted information and publicity campaign Question No. 63 answered with Question dedicated to promoting FIS as a key family and No. 51. employment support for persons on low income. The increase in the numbers of persons receiv- Social Welfare Benefits. ing FIS is a positive development, reflecting the success of a range of Government measures 64. Mr. Kenny asked the Minister for Social which have improved net incomes for the low and Family Affairs the number of new families in paid receipt of the family income supplement since the increase in the family income supplement income limits in budget 2006; the number of new families Social Insurance. who have applied for the payment; and if he will 65. Ms Lynch asked the Minister for Social and make a statement on the matter. [4668/06] Family Affairs the number of exemptions from payment of social insurance employment contri- Minister for Social and Family Affairs (Mr. butions, for a period not exceeding 52 weeks, Brennan): Family income supplement is designed granted in respect of the temporary employment to provide financial support for employees on low of persons not ordinarily resident here in respect earnings with families. This preserves the incen- of each of the past five years; the number of such tive to remain in employment in circumstances applications granted in respect of a company where the employee might otherwise only be (details supplied); his plans to review this pro- marginally better off than if he or she were claim- cedure; and if he will make a statement on the ing other social welfare payments. matter. [4713/06] My Department has received 808 new or first- time applications for family income supplement Minister for Social and Family Affairs (Mr. since the beginning of the year up to 3 February Brennan): Since 2000, a total of 2,533 PRSI last, compared with 582 new applications for the exemption certificates has been granted in same period last year. Of these, 569 have been respect of the temporary employment of persons awarded the family income supplement. There not ordinarily resident in this country. Of these, are currently 17,382 people in receipt of family 1,504 certificates were granted to the company in income supplement. The number of persons who question. An annual breakdown of these certifi- applied for family income supplement in the year cates is attached. to December 2005 was 22,744. PRSI exemptions are issued in accordance with The total number of new or first-time appli- Article 97 of SI 312/1996. The legislation provides cations received in 2005 was 7,781 — an increase for an exemption from PRSI contributions for up of 12% on the 2004 figure for new applications. to 52 weeks to be granted to employees not ordi- The current level of applications represents a sig- narily resident in the State but who are tempor- nificant increase over previous years. The number arily employed here. The purpose of the legis- of persons in receipt of family income supplement lation is to avoid a situation whereby workers, at 31 December 2005 was 17,488, with an average who are sent by their employer to work here for weekly payment of \87.57. The current average short periods, would be subject to social weekly payment as a result of the budget 2006 insurance in two countries at the same time. improvements is \109.67 Similar arrangements apply under EU Regulation Over the past number of years improvements 1408/71 to workers moving within the EU/EEA to the scheme have been made, particularly with and to workers covered by bilateral social secur- regard to the income limits that apply. In this ity agreements with this country. year’s budget I provided for further increases in When a request for an exemption certificate is the FIS income limits with effect from January being processed, a signed declaration is obtained 2006. These increases have again raised the from each employer confirming that the person weekly limit, with very substantial improvements for whom the exemption certificate is being for low income families with three or more chil- sought continues to be covered by the social 925 Questions— 9 February 2006. Written Answers 926 insurance regime of his or her home country litators is to assist the long-term unemployed and while working in Ireland. other long-term welfare dependants back to My Department seeks independent confir- work, training or further education by providing mation in respect of a random number of selected them on an individual basis with assistance to cases from the authorities in the employee’s access the necessary programmes or supports home country that social insurance payments which their circumstances demand. Facilitators have actually been made during the period have access to some additional services, such as covered by the exemption certificate. This control the special projects and family services funds, complements the employer’s declaration regard- which provide funding for specialised training ing the employee’s insurance status. and supports for those who are distant from the In the case of the company in question, a ran- labour market and who need additional help in dom sample of exempted cases has been referred preparing them for further training and to the relevant overseas authorities via the employment. Department of Foreign Affairs. Confirmation has One of the supports targeted specifically at the been received that the employees involved unemployed is the employment action plan, EAP, remained attached to their home country’s social under which customers, aged 18 to 54 years, who security regime during the period of the are approaching six months on the live register, exemption. are systematically referred to FA´ S for guidance, Before granting an exemption certificate, my intervention or placement. Department ensures that the employee holds a Under this process, a total of 108,134 individ- valid work permit which entitles them to work uals was referred to FA´ S for interview during the here. period 2002 to 2004. Some 70,313 persons were The needs of the Irish economy have changed interviewed, of whom 22,540 were placed in jobs- significantly since the PRSI exemption legislation FA´ S programmes or other education or training. was introduced in 1961. There have been changes In addition to the referral process outlined, a in working patterns and skill levels and the further initiative commenced in May 2003. Under enlargement of the European Union has also this process, all customers aged between 18 and affected the labour market. Against this back- 55 years who are over six months on the live ground, and having regard to the circumstances register and who have not been previously selec- of the case in question, my Department is under- ted for the EAP are being selected for referral to taking a review of the policy, legislative pro- ´ visions and administrative arrangements for the FAS where they are offered interventions similar PRSI exemption scheme. I will consider what to those available under the EAP. ´ changes, if any, need to be made in the light of A total of 20,216 persons was referred to FAS that report. under this process over the period 2002 to 2004. Some 14,164 persons were interviewed, of whom Question No. 66 answered with Question 2,902 were placed in jobs/FA´ S programmes or No. 28. other education or training. Certain customers referred through the EAP Question No. 67 answered with Question process may face severe employability issues No. 42. which are not amenable to resolution within the normal range of interventions available. To assist Question No. 68 answered with Question such customers a high supports process was estab- No. 6. lished in 2003 by the Department of Enterprise, Trade and Employment. Question No. 69 answered with Question As part of this process, local networks of rel- No. 51. evant service providers are being established in certain areas in conjunction with FA´ S and my Social Welfare Benefits. Department’s facilitators. People identified as 70. Mr. Crawford asked the Minister for Social suffering severe employability issues are referred and Family Affairs the number of people in active to the local networks and appropriate avenues age groups and who are dependent on State identified to enhance employability. A special income supports that have had their case man- fund is available to purchase specialist training or aged in facilitating their return to work or partici- interventions that may be required to assist an pation in training or further education in 2002, individual. 2003 and 2004; and if he will make a statement My Department, through its employment sup- on the matter. [4651/06] port and other services, has assisted many people away from the cycle of long-term unemployment Minister for Social and Family Affairs (Mr. and back into the workforce. The services pro- Brennan): A range of supports are provided by vided, particularly their continued relevance and my Department’s locally based facilitators to per- flexibility, are under constant review. I am partic- sons in active age groups who are dependent on ularly interested in advancing measures that social welfare payments. The primary role of faci- blend activation with supports and that make the 927 Questions— 9 February 2006. Written Answers 928

[Mr. Brennan.] improvements in processing times for the 2006-07 transition from welfare to work as seamless as academic year. possible. Question No. 72 answered with Question No. 6. Social Welfare Benefits. 71. Mr. Crowe asked the Minister for Social Question No. 73 answered with Question and Family Affairs if his attention has been No. 30. drawn to the difficulties regarding the delay in Question No. 74 answered with Question the processing of back to education grants, partic- No. 24. ularly regarding persons receiving the lone- parent’s allowance; and the reason for same. Pension Provisions. [4550/06] 75. Mr. Naughten asked the Minister for Social Minister for Social and Family Affairs (Mr. and Family Affairs his plans to review the means Brennan): My Department administers a range of test for farmers applying for the old age non-con- back to education programmes, as part of its tributory pension; and if he will make a statement overall employment support services, to encour- on the matter. [4506/06] age and facilitate people on certain social welfare schemes to return to work. Programmes range Minister for Social and Family Affairs (Mr. from basic literacy courses through to certain Brennan): I understand that the Deputy is con- postgraduate university courses, and include the cerned in particular about the current arrange- back to education allowance scheme, which ments applying in the case of old age pension covers full-time second and third level courses. where a landholder leases land or is otherwise in A back to education allowance is paid to quali- possession of land which is fallow or idle. fied participants at a standard weekly rate equiv- While there were no specific measures regard- alent to the maximum rate of the relevant social ing the leasing of land in the recent budget, it welfare scheme. The allowance is payable for the contained a number of important measures which duration of the course of study which, in the case are designed to target resources at particular of lone parents, includes all holiday periods. The groups of older people, including the farmers in scheme itself is not means tested and conse- question. In considering these measures I was quently lone parents may take up part-time anxious to target resources at those who are at employment during the academic year and full- the greatest risk of poverty; to encourage saving, time employment during the summer period with- and to simplify the system of income support for out affecting their payment. older people who do not receive contributory pensions. In addition, participants receive a cost of edu- Budget 2006 provides for an increase of \16 per cation allowance of \400, which is payable at the week — 9.6% — for all non-contributory pen- beginning of each academic year. Participants sioners, bringing the weekly rate of pension to also retain entitlement to any secondary benefits \182 per week with effect from January. This they had while on the relevant qualifying social means that significant progress has been made welfare scheme. towards the achievement of the Government’s Applications for back to education allowance commitment to bring the basic state pension to from people in receipt of one-parent family pay- over \200 per week by 2007. In addition, I ment are processed in the pension services office increased the fuel allowance by \5 per week, in Sligo. The time taken to process individual new from \9to\14, and the over-80s allowance by claims varies significantly having regard to the \3.60 to \10. These measures will be of consider- difficulty or otherwise in establishing the circum- able benefit to many thousands of non-contribu- stances in each case. In addition to the adminis- tory pensioners. trative work necessary in respect of each one- On budget day, I was also pleased to announce parent family claim, there is an onus on claimants that I proposed to establish, in September 2006, to make a claim in the prescribed manner, to fur- a standardised State — non-contributory — pen- nish all necessary documentation and to co- sion, replacing the old age pension and, for recipi- operate with deciding officers during the pro- ents aged 66 and over, blind pension, widow’s or cessing of the claim. However, every effort is widower’s pension, one-parent family payment, made to process applications as quickly as pos- deserted wife’s allowance and prisoner’s wife’s sible. The length of time needed to decide on allowance. entitlement does not result in any loss of payment All the schemes in question feature a common to the people concerned as entitlements are back- means disregard of \7.60 per week, which has not dated to the date of entitlement. increased since the 1970s. The means disregard My Department is currently reviewing the pro- for the new non-contributory pension will be \20 cedures involved in processing the back to edu- per week, an increase of \12.40 per week. Over cation allowances to establish how best the pro- 30,000 pensioners who are currently in receipt of cess might be streamlined, and I expect a reduced rate of payment will gain from this 929 Questions— 9 February 2006. Written Answers 930 change. The increase in the personal rate of pay- one-parent family payment is awarded, the main- ment will be up to \12.50 per week while the tenance recovery unit of my Department seeks to qualified adult rate, where applicable, will trace the other parent, referred to as the liable increase by up to \8.30 per week. This measure, relative, in order to ascertain whether he or she in particular, will benefit all those farmers who is in a financial position to contribute towards the are in receipt of an old age — non-contributory cost of OPFP. The follow-up activity takes place — pension at present. within two to three weeks of the award of Furthermore, consequent on the increase in the payment. means disregard to \20 per week, a single person, All liable relatives assessed with maintenance with no other means, will be able to have up to liability are notified by my Department and they \35,000 in capital and still qualify for a pension are issued with a determination order setting out at the maximum rate. This figure is doubled in the amount of contribution assessed. The amount the case of a pensioner couple. assessed can be reviewed where new information By any standards, the levels of increases and comes to light about the financial or household revised means-test arrangements announced in circumstances of the liable relative. Decisions on the budget are exceptional. The proposed mod- the amounts assessed can be appealed by liable ernisation of the current arrangements is also a relatives to the Social Welfare Appeals Office. further demonstration of our commitment to all The number of OPFP recipients being paid by those who are elderly, including those who con- my Department at the end of December 2005 was tinue to farm or lease land. 83,066. Included in this figure are 906 payments to widowed persons where maintenance is not an Social Welfare Benefits. issue. In the period January 2003 to December 2005, the maintenance recovery unit has exam- 76. Mr. G. Mitchell asked the Minister for ined 56,032 cases and issued determination orders Social and Family Affairs further to Questions to 8,017 liable relatives. As at the end of January Nos. 403 and 404 of 22 November 2005, the steps 2006 — the latest date for which figures are avail- a one-parent family payment claimant must take able — 2,193 liable relatives are contributing to satisfy the maintenance recovery unit that they directly to my Department. have made reasonable attempts to obtain such My Department’s records indicate that maintenance; the number of one-parent family approximately 9,600 one-parent family payment payment claimants; the number of one-parent recipients are in receipt of maintenance from family payment claimants who are not currently their spouse or other parent of their child or chil- in receipt of maintenance; and if he will make a dren and as a result receive a reduced rate OPFP. statement on the matter. [4675/06] Figures are not available for one-parent family payment recipients who receive maintenance pay- Minister for Social and Family Affairs (Mr. ments and still qualify for the maximum rate of Brennan): The one-parent family payment, payment. OPFP, acts as a safety net for people where there is inadequate maintenance, where maintenance payments are irregular, or where efforts to secure Emigrant Support Services. maintenance in the first place fail. Applicants for 77. Mr. Quinn asked the Minister for Social and OPFP are required to make ongoing efforts to Family Affairs the services his Department offers look for adequate maintenance from their former to support Irish emigrant groups abroad; and if he spouses, or, in the case of unmarried applicants, will make a statement on the matter. [4718/06] the other parent of their child. They must satisfy my Department that they have made reasonable Minister for Social and Family Affairs (Mr. attempts to obtain such maintenance. Brennan): The role of my Department in sup- Separated OPFP claimants must demonstrate porting Irish emigrant groups abroad has centred that they have made reasonable efforts to obtain on providing good quality, clear and comprehen- support before their lone-parent payment is sive information for Irish people who wish to awarded. Unmarried claimants must demonstrate return to live in Ireland. My Department ensures similar efforts aftertheir claim is awarded. Guide- that such information for our emigrants abroad is lines as to the steps to be taken in making reason- available by funding and supporting the various able efforts to obtain maintenance are published voluntary agencies involved in this work. on my Department’s website. In carrying out these functions my Department The issue of maintenance payments is first and works closely with the Irish abroad unit of the foremost a private matter for the persons con- Department of Foreign Affairs, which has cerned, and if they cannot resolve the problem, primary responsibility for policy relating to emi- for the courts through family law provisions. grants and their support while abroad. The purpose of the maintenance recovery Emigrant Advice is the main voluntary organis- operation of the Department of Social and ation in Ireland involved in providing information Family Affairs is to recover some or all of the for people intending to go abroad to work and moneys being expended on social welfare pay- for those emigrants abroad who are considering ments for lone parents. In every case where a coming home. In 2005 my Department provided 931 Questions— 9 February 2006. Written Answers 932

[Mr. Brennan.] Department has any function regarding decisions some \150,000 to assist the organisation with its on individual claims. work, including the updating of the highly suc- Under the rules of the scheme, rent sup- cessful Returning to Ireland Guide, and the main- plements are calculated to ensure that an eligible tenance of the website www.emigrantadvice.ie. person after the payment of rent has an income Other voluntary organisations involved in the equal to the rate of supplementary welfare allow- provision of information for Irish people abroad, ance appropriate to his or her family circum- which have received funding from my Depart- stances, less a minimum contribution of \13 ment since 2005 include the Coalition of Irish which each recipient is required to pay from his Immigrant Centres USA, the Aisling Irish or her own resources. Centre, New York, and the Irish Immigration and The regulations governing rent supplement Pastoral Centre in Philadelphia. The safe home stipulate that, in addition to the minimum contri- programme run by the Mayo-based organisation bution, recipients are also required to contribute dedicated to helping elderly Irish emigrants wish- towards their rent any additional assessable ing to return to Ireland to live but lacking the means that they have over and above the appro- means to do so received \80,000 in 2005 to assist priate basic supplementary welfare allowance with information provision activities. The Irish rate. The assessment of additional income of par- Commission for Prisoners Overseas also received ticipants on a training course has always been a a grant towards the provision of an information feature of the SWA scheme. However, the fact service for Irish prisoners overseas and their that income is assessed does not mean that the families. amount of rent supplement is reduced because An amount of \427,000 has been allocated in significant income disregards are applied. 2006 by my Department for voluntary organis- The Department is very conscious of the need ations providing information and advice to emi- to facilitate persons in receipt of social welfare grants. Support for the provision of information payments to take up employment and training for Irish people abroad who are contemplating opportunities and to ensure that the social wel- returning to live in Ireland will continue to be a fare supports are structured to support this objec- priority for my Department in the disbursement tive. A number of measures have been intro- of this funding. duced in recent years to remove disincentives to The funding provided by my Department to taking up employment and training opportunities voluntary organisations involved in the provision and to assist in the transition from welfare to of information for emigrants is in line with the work. These measures include easing of means main recommendations of the report of the task tests through income disregards and the tapered force on policy regarding emigrants which was withdrawal of benefits as earnings increase. published in August 2000. The task force recom- Where a person has an additional income as a mended that there should be close co-operation result of participation on a training course, the between the various Departments and voluntary means test now provides for a weekly disregard agencies at home and abroad regarding the pro- of up to \60 per week with half of any additional vision of information to our emigrants. income between \60 and \90 also disregarded for means assessment purposes. For those participat- Social Welfare Code. ing in approved training courses, any lunch or travel allowances that are paid may also be dis- 78. Mr. Broughan asked the Minister for Social regarded. In addition certain training courses now and Family Affairs if his attention has been provide a child care allowance to participants on drawn to concerns expressed by organisations certain courses. Budget 2006 provided that these offering support for lone parents regarding the child care allowances are to be treated in the decision to include training allowance payments same manner as a lunch or travel allowance and in assessment for rent supplements; if, in view of disregarded. the importance of facilitating lone parents who I consider that the current rent supplement wish to avail of training opportunities, he will additional income disregards ensure that people reconsider the decision; and if he will make a have a financial incentive to take up training statement on the matter. [4700/06] opportunities, but I will continue to keep the issue under review. Minister for Social and Family Affairs (Mr. Brennan): The supplementary welfare allowance Health Services. scheme, which includes rent supplement, is administered on my behalf by the community 79. Mr. Ardagh asked the Ta´naiste and Mini- welfare division of the Health Service Executive. ster for Health and Children if she will accede to The purpose of the scheme is to provide short- the request of a person (details supplied) in term income support to eligible people living in Dublin 6W regarding respite resources. private rented accommodation whose means are [4775/06] insufficient to meet their accommodation costs and who do not have accommodation available to Minister of State at the Department of Health them from any other source. Neither I nor my and Children (Mr. T. O’Malley): The Deputy’s 933 Questions— 9 February 2006. Written Answers 934 question relates to the management and delivery Service Executive has stated that the national of health and personal social services, which are mental health directorate within the HSE will the responsibility of the Health Service Executive immediately establish an implementation group under the Health Act 2004. Accordingly, my to ensure that the recommendations are realised Department has requested the parliamentary in a timely and coordinated manner. affairs division of the executive to arrange to have this matter investigated and to have a reply issued Services for People with Disabilities. directly to the Deputy. 82. Mr. F. McGrath asked the Ta´naiste and Minister for Health and Children if funding will Ambulance Service. be provided for the Mayo centre for independent 80. Mr. Naughten asked the Ta´naiste and Mini- living in order that people can live independently; ster for Health and Children the provision which and if the maximum support and funding will be exists in the Health Service Executive national given for these disabled people in line with new service plan 2006 for funding for the development disability legislation. [4788/06] of the three ambulance bases at Tuam, Achill- Mulranny and west Roscommon which have had Minister of State at the Department of Health approval from the former Western Health Board and Children (Mr. T. O’Malley): The Deputy’s as board policy since 2001; and if she will make a question relates to the management and delivery statement on the matter. [4779/06] of health and personal social services, which are the responsibility of the Health Service Executive Ta´naiste and Minister for Health and Children under the Health Act 2004. Accordingly, my (Ms Harney): The Deputy’s question relates to Department has requested the parliamentary the management and delivery of health and per- affairs division of the executive to arrange to have sonal social services, which are the responsibility this matter investigated and to have a reply issued of the Health Service Executive under the Health directly to the Deputy. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Rape Crisis Network. the executive to arrange to have this matter inves- 83. Ms McManus asked the Ta´naiste and Mini- tigated and to have a reply issued directly to the ster for Health and Children the Rape Crisis Net- Deputy. work Ireland position with regard to receiving money in view of the fact that having met with Mental Health Services. her and the Minister for Finance, the representa- 81. Mr. Hogan asked the Ta´naiste and Minister tives of the Rape Crisis Network Ireland were for Health and Children if lands, under the man- given to understand that they were to be allo- \ agement of the mental health services, if sold cated 7 million funding as the Minister for Fin- would be ring-fenced for mental health service ance indicated the money was there and she was development within that service area. [4785/06] supportive but when application was made, the Health Service Executive replied saying it has no Minister of State at the Department of Health money; and if she will make a statement on the and Children (Mr. T. O’Malley): The report of matter. [4799/06] the expert group on mental health policy, A Vision for Change was launched on 24 January. Minister of State at the Department of Health This policy envisions an active, flexible and com- and Children (Mr. S. Power): The Deputy’s ques- munity-based mental health service where the tion relates to the management and delivery of need for hospital admission will be greatly health and personal social services, which are the responsibility of the Health Service Executive reduced. It will require substantial funding, but under the Health Act 2004. there is considerable equity in buildings and lands As the Deputy may be aware two weeks ago within the current mental health system, which the Ta´naiste and Minister for Health and Chil- could be realised to fund this plan. Therefore, this dren met with representatives of three organis- report recommends that steps be taken to bring ations in the violence against women sector. Fol- about the closure of all psychiatric hospitals and lowing that meeting the Ta´naiste asked the HSE to re-invest the resources released by these clos- to review the issues raised by the organisations. ures in the mental health service. The closure of The HSE is considering this request. large mental hospitals and the move to modern units attached to general hospitals, together with the expansion of community services, has been Services for People with Disabilities. Government policy since the publication of Plan- 84. Mr. McHugh asked the Ta´naiste and Mini- ning for the Future in 1984. ster for Health and Children if funding will be The Health Service Executive has primary provided to a centre (details supplied) in County responsibility for implementing the recom- Mayo in order that people can live indepen- mendations of the expert report and all services dently; and if she will make a statement on the will be examined in this context. The Health matter. [4800/06] 935 Questions— 9 February 2006. Written Answers 936

Minister of State at the Department of Health further investigated and to have a reply issued and Children (Mr. T. O’Malley): The Deputy’s directly to the Deputy. question relates to the management and delivery of health and personal social services, which are Health Services. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my 88. Mr. G. Mitchell asked the Ta´naiste and Department has requested the parliamentary Minister for Health and Children if arrangements affairs division of the executive to arrange to have will be made with the Health Service Executive this matter investigated and to have a reply issued for the child of a person (details supplied) in directly to the Deputy. Dublin 12 to be assessed by an orthodontist; if a programme will be set up for remedial measures to be implemented; and if she will make a state- Health Services. ment on the matter. [4826/06] 85. Mr. F. McGrath asked the Ta´naiste and Minister for Health and Children if a person Ta´naiste and Minister for Health and Children (details supplied) in Dublin 5 is registered with a (Ms Harney): The Deputy’s question relates to group; the back-up services which are provided the management and delivery of health and per- to this person; and if the family will receive assist- sonal social services, which are the responsibility ance on employment and care plans. [4802/06] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Minister of State at the Department of Health requested the parliamentary affairs division of and Children (Mr. T. O’Malley): The Deputy’s the executive to arrange to have this matter inves- question relates to the management and delivery tigated and to have a reply issued directly to the of health and personal social services, which are Deputy. the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Health Service Schemes. Department has requested the parliamentary affairs division of the executive to arrange to have 89. Mr. Durkan asked the Ta´naiste and Mini- this matter investigated and to have a reply issued ster for Health and Children the position in directly to the Deputy. relation to an application under the national repayment scheme by persons (details supplied) 86. Mr. F. McGrath asked the Ta´naiste and in County Kildare; and if she will make a state- Minister for Health and Children the long-term ment on the matter. [4842/06] care plan for a person (details supplied) in Dublin 5; and if she will work closely with the family on Ta´naiste and Minister for Health and Children this matter. [4803/06] (Ms Harney): The general rules and policy relat- ing to the national repayment scheme have been Minister of State at the Department of Health set out in previous parliamentary questions. and Children (Mr. T. O’Malley): The Deputy’s These can be made available to the Deputy question relates to the management and delivery should he require them. of health and personal social services, which are As the Health Service Executive has responsi- the responsibility of the Health Service Executive bility for administering the scheme, inquiries under the Health Act 2004. Accordingly, my relating to individual cases are referred to the Department has requested the parliamentary parliamentary affairs division of the executive. affairs division of the executive to arrange to have My Department has asked the HSE to arrange to this matter investigated and to have a reply issued have this matter investigated and to have a reply directly to the Deputy. issued directly to the Deputy.

Ambulance Service. Health Services. 87. Mr. Wall asked the Ta´naiste and Minister 90. Mr. Carey asked the Ta´naiste and Minister for Health and Children, further to Question No. for Health and Children if she will establish with 212 of 1 February 2006, if funding will be made the Health Service Executive when a suitable available to a person (details supplied) in County residential place will be made available for a per- Kildare; and if she will make a statement on the son (details supplied) in Dublin 11; and if she will matter. [4815/06] make a statement on the matter. [4843/06]

Ta´naiste and Minister for Health and Children Minister of State at the Department of Health (Ms Harney): The Deputy’s question relates to and Children (Mr. T. O’Malley): The Deputy’s the management and delivery of health and per- question relates to the management and delivery sonal social services, which are the responsibility of health and personal social services, which are of the Health Service Executive under the Health the responsibility of the Health Service Executive Act 2004. Accordingly, my Department has under the Health Act 2004. Accordingly, my requested the parliamentary affairs division of Department has requested the parliamentary the executive to arrange to have this matter affairs division of the executive to arrange to have 937 Questions— 9 February 2006. Written Answers 938 this matter investigated and to have a reply issued teams to bring early medical intervention to areas directly to the Deputy. in west Roscommon which are furthest from ambulance stations; and if she will make a state- 91. Mr. Carey asked the Ta´naiste and Minister ment on the matter. [4846/06] for Health and Children if she will establish with the Health Service Executive if extensive recon- 94. Mr. Naughten asked the Ta´naiste and Mini- struction surgery will be carried out on a person ster for Health and Children the figures for (details supplied) in Dublin 9; and if she will ambulance response times for west Roscommon make a statement on the matter. [4844/06] in each of the years 2005, 2004 and 2003; and if she will make a statement on the matter. Ta´naiste and Minister for Health and Children [4847/06] (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- Ta´naiste and Minister for Health and Children sonal social services, which are the responsibility (Ms Harney): I propose to take Questions Nos. of the Health Service Executive under the Health 93 and 94 together. Act 2004. Accordingly, my Department has The Deputy’s questions relate to the manage- requested the parliamentary affairs division of ment and delivery of health and personal social the executive to arrange to have this case investi- services, which are the responsibility of the gated and to have a reply issued directly to the Health Service Executive under the Health Act Deputy. 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive Medical Cards. to arrange to have these matters investigated and to have a reply issued directly to the Deputy. 92. Mr. Gilmore asked the Ta´naiste and Mini- ster for Health and Children if her attention has Medical Aids and Appliances. been drawn to the fact that some chiropodists are charging medical card holders for chiropody 95. Mr. Crawford asked the Ta´naiste and Mini- services; if medical card holders are entitled to ster for Health and Children the number of free chiropody services; and if she will make a patients in need of ileostomy equipment; her statement on the matter. [4845/06] views on whether this equipment should be free the same as diabetic medication and equipment; Ta´naiste and Minister for Health and Children her further views on whether colitis patients are (Ms Harney): There is no statutory obligation on affected by undue pressure and should be helped the Health Service Executive, HSE, to provide in every way; and if she will make a statement on chiropody services to GMS patients; however in the matter. [4848/06] practice arrangements are made to provide these services. Before the establishment of the HSE the Ta´naiste and Minister for Health and Children nature of the arrangements for chiropody and the (Ms Harney): Statistics about non-notifiable ill- level of service provided was a matter for individ- nesses are not routinely collected by my ual health boards and so a degree of variation in Department. practice developed over time. Priority is usually Under the 1970 Health Act, the Health Service given to certain groups of people, including Executive may arrange for the supply, without people who are medical card holders aged 65 charge, of drugs, medicines and medical and sur- years and over. In several regions the service is gical appliances to people with a specified con- provided by private chiropodists by arrangement dition, for the treatment of that condition, with the HSE. through the long-term illness scheme, LTI. The I consider that it is inappropriate for private LTI does not cover GP fees or hospital co-pay- chiropodists who are providing services on behalf ments. The conditions covered include: mental of the HSE to charge patients a top-up fee, and I handicap, mental illness, for people under 16 have conveyed this view formally to the HSE. My only, phenylketonuria, cystic fibrosis, spina bifida, Department requested the HSE to initiate a hydrocephalus, diabetes mellitus, diabetes review of the fee arrangements in place for the insipidus, haemophilia, cerebral palsy, epilepsy, provision of chiropody services, with a view to multiple sclerosis, muscular dystrophies, parkin- ensuring that such additional fees will no longer sonism, conditions arising from thalidomide and be levied on persons in receipt of this service. The acute leukaemia. There are currently no plans to HSE has recently advised me that it has initiated extend the list of eligible conditions. a review of chiropody services. I presume the Deputy is referring to undue fin- ancial pressure. People who cannot, without undue hardship, arrange for the provision of Ambulance Service. medical services for themselves and their depend- 93. Mr. Naughten asked the Ta´naiste and Mini- ants may be entitled to a medical card. In the ster for Health and Children the action the assessment process the Health Service Executive Health Service Executive is taking to establish can take into account medical costs incurred by community based emergency medical response an individual or a family. 939 Questions— 9 February 2006. Written Answers 940

[Ms Harney.] Arising from the recommendations, a joint In November 2004, I introduced a new gradu- HSE-Department of Health and Children task ated benefit — the GP visit card to extend free group is being established to progress matters and GP care and treatment to individuals and families to advise on the optimal location for the new on low incomes. In June last year, I simplified the facility. The task group’s conclusions will inform means test for both medical and GP visit cards. It decisions in regard to the Mater-Temple Street is now based on an applicant’s and spouse’s project. income after income tax and PRSI, and takes account of reasonable expenses incurred in Food Safety Standards. respect of rent or mortgage payments, child care ´ and travel to work. In October, I announced that 97. Mr. Naughten asked the Tanaiste and Mini- ster for Health and Children when the Food the income guidelines for both medical and GP Safety Authority became aware of the recall of a visit cards would be increased by an additional food product (details supplied); when infor- 20%. This means the income guidelines are now mation was forwarded to it by the UK food stan- 29% higher than this time last year. These dards authority on the product in question; when improvements have also made the assessment it received details of the withdrawal of product process much fairer and ensure that those on low by the manufacturer; the reason for the delay in to moderate incomes can qualify for free GP care. withdrawing the product from Irish shelves and Non-medical card holders can use the drug issuing information to the public; and if she will payment scheme, which protects against excessive make a statement on the matter. [4850/06] medicines costs. Under this scheme, no individual \ or family unit pays more than 85 per calendar Minister of State at the Department of Health \ month, or approximately 20 per week, towards and Children (Mr. S. Power): On Thursday, 2 the cost of approved prescribed medicines. The February last, the Food Standards Agency, FSA, scheme is easy to use and significantly reduces the UK notified the European Commission of the cost burden for families and individuals incurring withdrawal from sale of a consignment of baby ongoing expenditure on medicines for the treat- rusks because of non-compliance with EU regu- ment of illnesses such as colitis. In addition, the lations on the maximum limit for pesticide resi- Deputy will be aware that non-reimbursed medi- dues in infant food. The rusks were found to con- cal expenses above a set threshold may be offset tain low levels of the pesticide, chlorpropham. against tax. This message was received by the Food Safety Products which are necessary for the manage- Authority of Ireland, FSAI, on Thursday evening, ment of the specified illness are available to LTI 2 February, via the European rapid alert system patients. Other products are available according for food and feed, RASFF. As no distribution to the patient’s eligibility. There are a variety of details were included on the notification, the ileostomy bags included on the list of reimburs- Commission requested the UK to provide such able non-drug items for the community drugs information. schemes. FSAI officials discussed the matter with the FSA UK incident team on Friday morning, 3 Hospital Services. February, and it was noted that: the FSA risk assessment indicated that there was no risk to 96. Ms Shortall asked the Ta´naiste and Minister health; the company was initiating the withdrawal for Health and Children if, in view of the recent of the products from the market; and some prod- report on the organisation of tertiary paediatric ucts had been distributed to Ireland, but exact services and the ongoing concern of parents and details were not available. Immediately on receipt professionals regarding the possible loss of of this information the FSAI initiated its own risk Temple Street Hospital to Dublin’s northside, the assessment to determine the health risk associ- action she intends to take to ensure that Temple ated with the consumption of the product. In Street Hospital is facilitated on the Mater addition, the manufacturer was contacted Hospital campus; and if she will make a statement directly, in order to establish what products had on the matter. [4849/06] been distributed within Ireland and what action was being taken to remove them from sale. Ta´naiste and Minister for Health and Children At mid-day Friday 3 February, the manufac- (Ms Harney): On 3 February, the Health Service turer confirmed that three of the 11 products Executive published a report on the delivery of which had been affected in the UK had been dis- tertiary paediatric services in this country. The tributed in Ireland and details of their distri- HSE commissioned the report at my request. The bution was provided. Details were also provided report, which was prepared by McKinsey and of the action taken to withdraw the products from Company, recommends that best outcomes for the food chain and food stores. I have been children should be provided by one national ter- informed that this action commenced on Thurs- tiary paediatric centre which would also provide day evening. all secondary paediatric services for the greater The FSAI is satisfied, on the basis of the risk Dublin area. assessment, that consuming the product poses no 941 Questions— 9 February 2006. Written Answers 942 risk to public health. It also considers that the for subvention, unless the residence is occupied information provided by the manufacturer and by a spouse or son or daughter aged less than 21 the action taken was appropriate and in these cir- years or in full-time education or in receipt of the cumstances no further action is deemed necessary disabled person’s maintenance allowance, blind at this stage. person’s pension, disability benefit, invalidity I am satisfied that the FSAI acted rapidly and pension or old age non-contributory pension, and responsibly in the interests of public health and I generally does so unless there are exceptional cir- have been assured that it will continue to keep cumstances. However, the residence value above the matter under close review, in particular to which it may automatically refuse to pay a sub- monitor the effectiveness of the withdrawal. vention has been increased substantially, as out- lined, to take account of increased property Departmental Schemes. values. The Department has discussed the regulations 98. Mr. Naughten asked the Ta´naiste and Mini- ster for Health and Children, further to Question with the HSE, both during their preparation and No. 235 of 12 April 2005, the status of the review; since their coming into law and it falls to the HSE when a compensation scheme will be put in place; to implement the regulations to the various HSE and if she will make a statement on the regions. matter. [4877/06] Medical Cards. Ta´naiste and Minister for Health and Children 100. Mr. Durkan asked the Ta´naiste and Mini- (Ms Harney): The feasibility of introducing a vac- ster for Health and Children if and when a medi- cine damage compensation scheme is still under cal card will issue in the case of persons (details examination in my Department. This process is at supplied) in County Kildare; and if she will make an advanced stage and will be given priority in a statement on the matter. [4890/06] the Department’s 2006 business plan. Ta´naiste and Minister for Health and Children Nursing Home Subventions. (Ms Harney): The Deputy’s question relates to 99. Mr. Bruton asked the Ta´naiste and Minister the management and delivery of health and per- for Health and Children if a formal directive has sonal social services, which are the responsibility been issued to the Health Service Executive on of the Health Service Executive under the Health foot of budget 2006 announcement of changes to Act 2004. Accordingly, my Department has be implemented in the nursing home subvention requested the parliamentary affairs division of scheme; if not, when she proposes these changes the executive to arrange to have this matter inves- to come into effect; and the reason for the delay tigated and to have a reply issued directly to the in the implementation of these changes. Deputy. [4889/06] Services for People with Disabilities. Minister of State at the Department of Health 101. Ms C. Murphy asked the Ta´naiste and and Children (Mr. S. Power): The changes that Minister for Health and Children if a service plan were announced on budget day were incorpor- has been determined for a child (details supplied) ated into the Nursing Homes (Subvention) (Amendment) Regulations 2005. These regu- in County Kildare; if not, if an assessment for lations amended the thresholds contained in the such a plan has been scheduled; and if she will 1993 regulations by increasing the value of assets make a statement on the matter. [4917/06] to be disregarded for the purposes of subvention assessment from £6,000, \7,618, to \11,000, 105. Ms C. Murphy asked the Ta´naiste and increasing the asset threshold above which sub- Minister for Health and Children the measures vention may be refused from £20,000, \25,394, to which have been taken to determine the support \36,000 and increasing the threshold of principal needs of a person (details supplied) in County residence value above which subvention may be Kildare both in the short and long term; and if refused from £75,000, \95,230, to \500,000 or she will make a statement on the matter. more, where the residence is located in the [4941/06] Dublin area, or \300,000 or more, where the resi- dence is located outside the Dublin area, pro- Minister of State at the Department of Health vided that the applicant’s income is greater than and Children (Mr. T. O’Malley): I propose to \9,000. This was previously £5,000 or \6,349. take Questions Nos. 101 and 105 together. These regulations were signed by the Ta´naiste The Deputy’s questions relate to the manage- on 14 December 2005 and came into law effective ment and delivery of health and personal social from that date. The Deputy may wish to note that services, which are the responsibility of the the HSE continues to retain the discretion to Health Service Executive under the Health Act impute an income of 5% of the estimated market 2004. Accordingly, my Department has requested value of the principal residence of an applicant the parliamentary affairs division of the executive 943 Questions— 9 February 2006. Written Answers 944

[Mr. T. O’Malley.] lectual disability database, which was established to arrange to have this matter investigated and to in 1995, and the national physical and sensory dis- have a reply issued directly to the Deputy. ability database which was established in 2002. The national intellectual disability database Departmental Schemes. would also include information on some persons with autism, who would also have an intellectual 102. Ms Shortall asked the Ta´naiste and Mini- disability. The databases are intended to provide ster for Health and Children if a closing date or a comprehensive and accurate information base dates are operated by her Department in respect for decision making in the planning, funding and of the Civil Service travel pass scheme; if so, the management of services for people with dis- dates in question; the way in which temporary, abilities. The databases provide data on demo- seasonal or other non-routine workers are accom- graphic characteristics, current service provision modated in the scheme; and if she will make a and future service needs over a five year period. statement on the matter. [4921/06] The former health boards were responsible for the collection and validation of information for Ta´naiste and Minister for Health and Children their regions and this is now the responsibility of (Ms Harney): The Civil Service travel pass the HSE. Responsibility for providing the infor- scheme applies only to annual bus and rail passes mation to the HSE lies primarily with the service ´ ´ issued by Iarnro´ dEireann, Bus Eireann, Dublin providers, community care personnel and school Bus and other approved transport providers, such principals and individuals with disabilities. Regis- as Luas. The scheme does not apply to temporary tration on the databases is voluntary. and seasonal workers as the employee must be The National Intellectual Disability Database employed on a permanent or probationary basis Committee has published seven annual reports to at the date of application. An employee under a date. The information from the national intellec- fixed-term contract is also eligible to apply. tual disability database is also used to monitor The closing date for Dublin Bus, Iarnro´ d service developments and has been a key factor ´ ´ Eireann and Bus Eireann applications is the 18th in securing the significant additional funding day of the month prior to the start of travel, for which has been invested in these services since example, an application must be received by 18 1997. January for a ticket that is valid from 1 February. The National Physical and Sensory Disability Annual Luas tickets must be ordered by the 8th Database Committee published a preliminary day of the month prior to the start of travel. analysis report for 2004 in December 2004 and a Applications for all tickets valid from January to full report for 2004 in December 2005. The Dis- December must be received by mid-November. ability Act 2005 and the Education for Persons with Special Educational Needs Act 2004 place Services for People with Disabilities. specific requirements on both the HSE and the 103. Ms C. Murphy asked the Ta´naiste and National Council for Special Education on infor- Minister for Health and Children if her Depart- mation on services to be provided under both ment exchanges information with the Depart- legislative measures. The overall information ment of Education and Science on the number of requirements are currently being examined in the children that are either born or later diagnosed context of these provisions. with special needs in order that educational The Department of Health and Children services can be planned for in line with demand; provide information to the Department of Edu- and if she will make a statement on the cation and Science from the data which is avail- matter. [4939/06] able to it from the databases. The former health boards and now the HSE also exchange infor- 104. Ms C. Murphy asked the Ta´naiste and mation and liaise with that Department and with Minister for Health and Children if her Depart- the National Council for Special Education at an ment keeps a record of the number of children operational level. born with special needs or who are later diag- Question No. 105 answered with Question nosed with special needs with a view to ensuring No. 101. that funding is allocated to the appropriate services in line with demand; and if she will make a statement on the matter. [4940/06] Local Authority Funding. 106. Mr. O’Connor asked the Minister for Fin- Minister of State at the Department of Health ance his proposals to introduce legislation to and Children (Mr. T. O’Malley): I propose to prevent local authorities from charging rates to take Questions Nos. 103 and 104 together. non-profit making charitable organisations; and if The Department of Health and Children has he will make a statement on the matter. established two national databases in the area of [4814/06] disability, both of which are managed on behalf of the Department by the Health Research Minister for Finance (Mr. Cowen): The appli- Board. The two databases are the national intel- cation of rates is a matter for each individual local 945 Questions— 9 February 2006. Written Answers 946 authority in accordance with the statutory frame- machinery and tractors, it is also widely used for work. However, the Valuation Act 2001 already commercial and domestic central heating, for off- contains provisions which, subject to certain con- road and special purpose vehicles such as dum- ditions, address the issue raised by the Deputy. pers, concrete pumping vehicles, mobile well The relevant provisions may be found at section drilling vehicles, mobile cranes, bulldozers and 16 of Schedule 4 to the Act. diggers, for trains, for other industrial and con- If a charitable organisation, as defined in the struction machinery such as generators and com- Act, occupies any land, building or part of a pressors, and in boats. In 2005 consumption of building and uses such property exclusively for MGO was approximately 1.6 billion litres. charitable purposes and otherwise than for The present system allows misuse of MGO in private profit, then that property is deemed to be vehicles to be detected by means of a visual check non-rateable. of colour and a laboratory check for the chemical marker. There were 173 convictions obtained for Schools Building Projects. marked oil offences in 2005 and fines totalling \175,704 were imposed. A further 1,326 offences 107. Mr. Durkan asked the Minister for Fin- were settled on payment of penalties totalling ance the result of the discussions he or the Office \986,720. of Public Works have had with Kildare County Fuel laundering is a fraudulent activity involv- Council or other groups, bodies or agencies ing the removal of the chemical marker and dye regarding the urgent need for the provision of an from the fuel in order to make it difficult to dis- alternative site at a school (details supplied) in tinguish it from unmarked auto-diesel. However, County Kildare; if progress of a positive nature as the MGO has a higher sulphur content than can be reported on the most pressing need to auto-diesel, it is still possible for Revenue have this school relocated as a matter of urgency enforcement staff to identify laundered fuel using with particular reference to the health and safety specialised roadside detection equipment backed of pupils, teachers and parents arising from the up with laboratory chemical analysis. In 2005 a existing school’s location; and if he will make a total of 127 detections of laundered oil were statement on the matter. [4884/06] made across 12 counties, which included: 21 retail outlets-oil distributors; 71 hauliers; 35 others; five Minister of State at the Department of Finance tankers seized; 311,404 litres of laundered oil (Mr. Parlon): Officials from the Office of Public seized; and \155,328 taken in penalties from Works met with officials from Kildare County Northern Ireland hauliers. Council on 8 February 2006. A number of site options were reviewed and these will now be pro- Prosecutions in 2005 for laundered oil included gressed. It would be inappropriate to reveal the eight filling stations and 25 other cases have been precise details of the meeting at this point as it reported for prosecution, including ten hauliers. Six convictions were obtained in 2005 and penal- would likely prejudice future discussions and pos- \ sible negotiations. ties totalling 5,950 and one custodial sentence, of 18 months suspended for three years, were imposed. Tax Code. While acknowledging that laundering is an 108. Mr. Andrews asked the Minister for Fin- unacceptable fraudulent activity which can cause ance the implications for the Revenue Commis- environmental damage, a single rate repayment- sioners of abolishing the two different types of based regime as proposed would only succeed if diesel; and his views on whether there should be a reciprocal measure in the UK was in place as a rebate system for vouched fuel used for agricul- most of the laundered oil is produced from UK tural machinery in view of the extent of the MGO — red diesel — which is cheaper than our activity in fuel laundering and the damage to the MGO. Even if the UK also made such a change, environment from the by-product of this there are other serious drawbacks involved. activity. [4771/06] I am informed by the Revenue Commissioners that a repayment system would involve an enor- Minister for Finance (Mr. Cowen): I assume mous burden on Revenue resources in the com- that the question concerns the implications of pliance, processing and audit areas in view of the unifying into one rate of mineral oil tax the diversity and number of users of MGO. In present two-tier rate structure for diesel and con- addition, all users of low rate diesel would suffer verting the existing low rate regime into a repay- the cash flow burden of a requirement to pay the ment system. Such a system would not rely on full rate in the first instance and would also have colour or chemical marking of diesel fuel. to maintain systems to claim subsequent repay- Diesel is currently taxed at \368.05 per 1,000 ments and to keep records for Revenue audit litres in respect of auto use and at a lower rate of purposes. \47.36 per 1,000 litres for other use. The low rate Furthermore, in Revenue’s experience repay- diesel is marked with a chemical and dye, which ment regimes are inherently vulnerable to abuse gives it a green colour, and is known as marked and attract the attention of criminal elements, gas oil — MGO. While it is used in agricultural such as those involved in oil laundering. A 947 Questions— 9 February 2006. Written Answers 948

[Mr. Cowen.] are domestic water supply, domestic refuse col- scheme on the lines suggested would be vulner- lection and domestic sewage disposal. able to extensive fraud by opening new possibilit- The relief for domestic service charges is ies for diversion to high-rate auto use that would granted on a previous year basis, for example, be extremely difficult or even impossible to services charges paid in 2005 qualify for tax relief detect and prosecute. in 2006, and the conditions attaching to such Revenue is taking a vigorous approach to oil relief are that: (a) all service charges imposed by laundering transactions and a major national pro- the local authority under either the Local ject, which will target mineral oil retail outlets Government (Financial Provisions) (No. 2) Act and large-scale users and focus on identifying the 1983 or section 65A of the Public Health supply chain, is being put in place this year. (Ireland) Act 1878, as amended, on the individ- ual’s premises are paid in full and on time; (b) arrears of all service charges from earlier years 109. Mr. O’Shea asked the Minister for Finance must be cleared in accordance with the relevant if the payment of a standing charge for refuse local authority conditions; and (c) the local auth- service to a local authority qualifies for tax relief; ority must be advised of the PPS number of the and if he will make a statement on the matter. individuals liable for the service charges. [4781/06] 110. Mr. Naughten asked the Minister for Fin- ance the maximum value of cash which can be Minister for Finance (Mr. Cowen): It is not transferred to a favourite niece or nephew which clear from the Deputy’s question whether the is exempt under inheritance tax; when this level standing charge referred to is in respect of com- was last increased; the plans he has to increase mercial or domestic refuse service. this threshold; and if he will make a statement on As regards a charge by a local authority for the matter. [4871/06] commercial refuse, I am informed by the Minister for Finance (Mr. Cowen): For the pur- Revenue Commissioners that such a charge pose of gift and inheritance tax, the relationship would, if laid out for the purposes of the business, between the person who provided the gift or qualify as a business expenses in arriving at tax- inheritance, who is the disponer, and the person able business profits. who received the gift or inheritance, who is the As regards a charge in respect of domestic ref- beneficiary, determines the maximum tax-free use service, I am informed by the Revenue Com- threshold — known as the group threshold. Three missioners that tax relief at the lower rate of tax group thresholds exist, which are indexed annu- — 20% — is available in respect of service ally by reference to the consumer price index. charges paid to a local authority. The local auth- The indexed group thresholds for 2004, 2005 and ority services charges to which the relief applies 2006 are set out in the following table.

Group Relationship to Disponer Group Threshold

2004 (after 2005 (after 2006 (after indexation) indexation) indexation)

\\\

A Son/Daughter 456,438 466,725 478,155 B Parent/Brother/Sister/Niece/Nephew/Grandchild 45,644 46,673 47,815 C Relations other than Group A or B 22,822 23,336 23,908

The current threshold for gifts-inheritances made will apply to the non-business-farm assets and the to a niece or nephew of the disponer is \47,816 Group A threshold will apply to the business- and where the value of the gift or inheritance is farm assets. greater than this, a single low rate of 20% applies In order to qualify for the relief, the applicant to the excess. must be a child of a brother or sister of the dis- Favourite niece-nephew relief is available to poner — in other words, a nephew-niece in law certain nephews and nieces who take a gift or an will not qualify — and he-she must have worked inheritance of a business or farm from the dis- substantially on a full-time basis for the disponer poner. If the niece-nephew qualifies for the relief, for a minimum of five years ending on the date he-she is treated as a child of the disponer for of the gift or inheritance. CAT purposes, and instead of a Group B thres- This relief is intended to take account of the hold — currently \47,815 — is entitled to a close working relationship that exists between Group A threshold — currently \478,155 — for certain nieces-nephews and their uncles-aunts. It the business or farm assets only. This means that is not intended to apply generally to all gifts or if a gift or inheritance includes business-farm and inheritances taken by nieces-nephews, and apply- non-business/farm assets the Group B threshold ing the relief to all such disposals would run coun- 949 Questions— 9 February 2006. Written Answers 950 ter to the Government’s policy of broadening the pass/ticket covers more than one operator, for tax base in order to keep direct tax rates low. example, an integrated ticket covering LUAS and Dublin Bus. Decentralisation Programme. Section 8 of Finance Act 2005 extended the benefit-in-kind tax exemption for employer-pro- 111. Mr. Naughten asked the Minister for Fin- vided travel passes to include passes for travel on ance when the second phase of decentralisation commuter ferries which operate within the State. will be announced; the locations to be included in this phase; and if he will make a statement on the matter. [4912/06] Commuter Ticket Schemes. 113. Ms Shortall asked the Minister for Finance Minister for Finance (Mr. Cowen): In its report the number of persons availing of the tax-saver to Government in November 2004 the decentra- commuter ticket schemes in each of the years lisation implementation group, DIG, identified 15 since its inception; the corresponding number of organisations and offices as early movers. This tax-payers in each of these years; the gross cost involved 21 projects, 20 locations, nearly 3,500 of the scheme to the Exchequer in each of those jobs and the transfer of eight headquarters. The years; and the breakdown by ticket type claimed report contained a schedule showing indicative for each of those years (details supplied). construction start and completion dates for the [4919/06] procurement of office accommodation in the new locations. Minister for Finance (Mr. Cowen): Iam Subsequently the DIG submitted a further pro- informed by the Revenue Commissioners that the gress report to the Minister for Finance on 30 position on travel tickets is that where an June 2005 in which it recommended that the employer provides an employee with an annual remaining 24 Civil Service organisations and or monthly bus or train pass, the cost of such a locations not listed earlier as early movers should pass is not taxable. In addition, where an advance to a more active stage of preparation for employee foregoes salary, and such salary fore- relocation. The group provided indicative con- gone is used by the employee to purchase an struction completion dates for each of these annual or monthly bus or train pass, then the sal- organisations and locations. The full contents of ary foregone is not taxable. Both of these this report can be accessed at www.decentralisa- instances are subject to certain conditions. tion.gov.ie. I am further advised by the Revenue Commis- On the State agencies, the DIG noted that little sioners that employees are not required to progress had been made on mobility of staff include in their tax returns income arising from between State agencies and between those agen- the provision of travel passes by their employers. cies and the Civil Service. The group recom- In the case of employers the expense of travel mended that Departments and agencies should passes to employees is allowable as a deduction engage with the unions to see what ground break- in arriving at profits for tax purposes. However, ing initiative could be taken to advance this issue. the employer’s tax return of income does not con- In view of the more individualised approach tain an entry in respect of this item and the which the DIG saw as being necessary for the employer’s profit and loss account does not nor- relocation of State agencies the group decided mally distinguish between this particular expense not to include specific timeframes for the relo- and other employment-related expenses. In these cation of these agencies. circumstances it is not possible to provide a totally reliable estimate of numbers or costs Tax Code. involved at present. 112. Ms Shortall asked the Minister for Finance However, information available to my Depart- the statutory basis for the tax-saver commuter ment from Dublin Bus shows the following ticket scheme. [4918/06] breakdown of tax-saver tickets issued by that company for the years 1999 to 2005:

Minister for Finance (Mr. Cowen): Section 33 1999 of Finance Act 1999 amended section 118 of the Taxes Consolidation Act 1997 to exempt from Quantity income tax the benefit-in-kind arising from the provision of an annual or monthly bus or train Monthly Dublin Bus Ticket 290 pass by an employer to an employee or director. Monthly Irish Rail Ticket (Dublin Suburban) 100 The exemption applied in respect of a bus/train pass issued in respect of a scheduled licensed Monthly Irish Rail Ticket (Point to Point) 30 passenger transport service, that is, CIE — or any Monthly Bus/Rail (Dublin Area) 359 of its subsidiaries — and those operators who had Annual Dublin Bus Ticket 36 a licence under the Road Transport Act 1932. Annual Irish Rail Ticket (Dublin Suburban) 20 Section 8 of Finance Act 2004 extended the Annual Irish Rail Ticket (Point to Point) 7 BIK tax exemption for employer-provided travel Annual Bus/Rail (Dublin Area) 52 passes to include LUAS services. The Act also clarified that the exemption applies where a Total for 1999 894 951 Questions— 9 February 2006. Written Answers 952

[Mr. Cowen.] Quantity

2000 Annual Dublin Bus Ticket 6,526 Annual Irish Rail Ticket (Dublin Suburban) 3,113 Quantity Annual Irish Rail Ticket (Point to Point) 2,462 Annual Bus/Rail (Dublin Area) 3,297 Monthly Dublin Bus Ticket 640 Monthly Irish Rail Ticket (Dublin Suburban) 280 Total for 2003 32,427 Monthly Irish Rail Ticket (Point to Point) 57 Monthly Bus/Rail (Dublin Area) 680 2004 Annual Dublin Bus Ticket 97 Annual Irish Rail Ticket (Dublin Suburban) 53 Quantity Annual Irish Rail Ticket (Point to Point) 28 Monthly Dublin Bus Ticket 8,576 Annual Bus/Rail (Dublin Area) 117 Monthly Irish Rail Ticket (Dublin Suburban) 4,963 Total for 2000 1,952 Monthly Irish Rail Ticket (Point to Point) 3,528 Monthly Bus/Rail Ticket (Short Hop) 5,155 Monthly Bus/Luas 388 2001 Annual Dublin Bus Ticket 5,759 Quantity Annual Irish Rail Ticket (Dublin Suburban) 3,025 Annual Irish Rail Ticket (Point to Point) 2,767 Monthly Dublin Bus Ticket 3,370 Annual Bus/Rail (Dublin Area) 4,129 Monthly Irish Rail Ticket (Dublin Suburban) 1,800 Annual Bus/Luas 184 Monthly Irish Rail Ticket (Point to Point) 700 Total for 2004 38,474 Monthly Bus/Rail (Dublin Area) 4,250

Annual Dublin Bus Ticket 897 2005 Annual Irish Rail Ticket (Dublin Suburban) 490 Annual Irish Rail Ticket (Point to Point) 340 Quantity Annual Bus/Rail (Dublin Area) 934 Monthly Dublin Bus Ticket 7,338 Total for 2001 12,781 Monthly Irish Rail Ticket (Dublin Suburban) 5,691 Monthly Irish Rail Ticket (Point to Point) 4,231 2002 Monthly Bus/Rail Ticket (Short Hop) 4,060 Monthly Bus/Luas 3,000 Quantity Annual Dublin Bus Ticket 5,353 Annual Irish Rail Ticket (Dublin Suburban) 2,370 Monthly Dublin Bus Ticket 4,875 Annual Irish Rail Ticket (Point to Point) 1,906 Monthly Irish Rail Ticket (Dublin Suburban) 4,549 Monthly Bus/Rail (Short Hop) 4,382 Monthly Irish Rail Ticket (Point to Point) 1,450 Annual Bus/Rail/Luas 1,218 Monthly Bus/Rail (Dublin Area) 4,224 Total for 2005 39,549 Annual Dublin Bus Ticket 4,152 Annual Irish Rail Ticket (Dublin Suburban) 1,784 On the basis of ticket sale receipt figures supplied Annual Irish Rail Ticket (Point to Point) 1,916 by Dublin Bus and assuming an average marginal Annual Bus/Rail (Dublin Area) 3,666 tax rate of 30% plus the value of PRSI-health lev- Total for 2002 26,616 ies foregone, the cost in revenue foregone is esti- mated at \1.1 million in 2001, \4.2 million in 2002, \6.1 million in 2003, \7 million in 2004 and \7.1 million for 2005. 2003 The other main public transport operators are being contacted with a view to assembling more Quantity comprehensive information. When this infor- mation is to hand I will forward it to the Deputy. Monthly Dublin Bus Ticket 6,879 The total numbers of income earners on PAYE Monthly Irish Rail Ticket (Dublin Suburban) 3,571 tax records and the corresponding numbers who Monthly Irish Rail Ticket (Point to Point) 2,396 were effectively liable to income tax for the tax Monthly Bus/Rail (Dublin Area) 4,183 years 1999/2000 to 2005 are as follows. 953 Questions— 9 February 2006. Written Answers 954

Numbers of income earners and taxpayers in PAYE from the number of decisions taken by ComReg that 1999/2000 to 2005 have been appealed to the Electronic Communi- cations Appeal Panel and the result in each case; PAYE number the number of such cases that were settled prior Tax Year Income Earners Effectively to hearing; and if he will make a statement on the liable to tax matter. [4794/06]

1999/2000 1,458,500 1,059,470 Minister for Communications, Marine and 2000/2001 1,556,000 1,120,030 Natural Resources (Mr. N. Dempsey): In total 11 2001 1,581,900 1,117,660 appeals have been referred to appeal panels. One 2002 1,678,000 1,112,110 appeal by Hutchison 3G Ireland Limited was 2003* 1,716,900 1,128,860 determined by an appeal panel finding in favour 2004* 1,774,800 1,158,400 of the appellant. Six appeals concluded following the annulment of ComReg’s decisions by an 2005* 1,813,900 1,159,150 appeals panel. These six appeals related to find- *These figures are provisional and likely to be revised. The ings of joint dominance by ComReg against Vod- numbers of income earners and taxpayers have been rounded to the nearest ten, as appropriate. afone and O2. Three appeals were settled between the parties prior to a determination by The numbers of income earners for 2003 and later an appeal panel. These appeals were all brought years are based on actual data for 2002 projected by Eircom. One appeal by Eircom is ongoing. forward in accordance with macroeconomic data Details of these appeals are available at relating to actual and expected growth in income www.ecap.ie. and employment. It should be noted that a mar- ried couple who has elected or has been deemed Civil Service Travel Scheme. to have elected for joint assessment is counted as one tax unit. 116. Ms Shortall asked the Minister for Communications, Marine and Natural Resources Civil Service Travel Scheme. if a closing date or dates are operated by his Department in respect of the Civil Service travel 114. Ms Shortall asked the Minister for Finance pass scheme; if so, the dates in question; the way if a closing date or dates are operated by his in which temporary, seasonal or other non-rou- Department in respect of the Civil Service travel tine workers are accommodated in the scheme; pass scheme; if so, the dates in question; the way and if he will make a statement on the matter. in which temporary, seasonal or other non-rou- [4923/06] tine workers are accommodated in the scheme. [4922/06] Minister for Communications, Marine and Minister for Finance (Mr. Cowen): My Depart- Natural Resources (Mr. N. Dempsey): A person- ment operates the Civil Service travel pass nel notice issued to all staff in my Department on scheme as outlined in the Department of Finance 18 October 2005 for the 2006 travel pass scheme circular 50/2001. In order to participate in the inviting applications from all staff with a closing scheme an employee must be employed on a per- date of 11 November 2005. This date was set for manent or probationary basis on the date of operational reasons to facilitate the processing application. In addition employees employed and issuing of annual passes by the relevant travel under fixed-term contract are eligible to join the operators before 1 January 2006. My Department scheme. The scheme operates on a 12 month and the travel operators facilitate applications basis from 1 January to 31 December each year. after this date, and staff joining through the year, The closing date for applications to join the but the main scheme is operated as an annual scheme is determined by the date set by the trans- scheme tied in to the financial year 1 January to port providers for receipt of orders for travel 31 December. The travel pass scheme for the passes. In order to allow time for the processing Civil Service is available to all staff in my Depart- of applications, the Department usually requires ment including temporary contract staff. that applications to join the scheme be made one to two weeks prior to this date. For the 2006 Foreign Conflicts. travel pass scheme, the date set by the travel operators was 1 December 2005. The Depart- 117. Mr. F. McGrath asked the Minister for ment’s closing date for receipt of applications was Foreign Affairs to raise the alleged plan by Pres- 25 November 2005. ident Bush and Prime Minister Blair to paint a US Military Aircraft in UN Colours, fly it over Electronic Communications Appeals. Iraq in order to provoke an attack by Saddam Hussein with the US authorities and the EU. 115. Mr. Rabbitte asked the Minister for [4822/06] Communications, Marine and Natural Resources 955 Questions— 9 February 2006. Written Answers 956

Minister for Foreign Affairs (Mr. D. Ahern): I routine workers have not, so far, been accommo- am aware of the alleged proposal to which the dated in the scheme. The closing date for appli- Deputy refers. It is mentioned in a recently pub- cations for 2006 travel passes under the scheme lished book and has been reported in the media. was 11 November 2005. A total of 157 appli- There has been no suggestion, however, that the cations were received. matter went any further or that any such plan was ever carried out. 120. Ms Shortall asked the Minister for Arts, Sport and Tourism if a closing date or dates are Decentralisation Programme. operated by his Department in respect of the Civil Service travel pass scheme; if so, the dates 118. Mr. Durkan asked the Minister for For- in question; the way in which temporary, seasonal eign Affairs if a person (details supplied) in or other non-routine workers are accommodated County Kildare will be facilitated in their wish to in the scheme; and if he will make a statement on transfer to County Kildare, Maynooth, Naas or the matter. [4925/06] Newbridge within the context of decentralisation and having regard to the existence of strong com- Minister for Arts, Sport and Tourism (Mr. passionate grounds; and if he will make a state- O’Donoghue): The Civil Service travel pass ment on the matter. [4888/06] scheme was introduced in my Department in 2002 Minister for Foreign Affairs (Mr. D. Ahern): and operates each year from 1 January to 31 The human resources section of my Department December of the year in question. It is advertised is aware that the officer concerned has applied to in early November each year with a deadline in decentralise to County Kildare and will do what- mid-November. Temporary or non-routine ever it can to facilitate her application. It is a workers can be included in the scheme if they are matter for the Departments based in, or moving in employment at the time the scheme is adver- to, her preferred locations to make an offer of a tised and there is a reasonable expectation that transfer to the officer. they will continue their employment during the following year, for example, on a temporary con- The officer’s first preference is not available at tract. Where staff leave the Department during this stage, and her second preference is over- the operative period of the scheme they are subscribed at the relevant grade. However, my responsible for covering the remainder of the cost Department will monitor the situation and try to of the ticket in its entirety. help in every way possible.

Civil Service Travel Scheme. Employment Appeals Tribunal Awards. 119. Ms Shortall asked the Minister for Foreign 121. Mr. P. Breen asked the Minister for Affairs if a closing date or dates are operated by Enterprise, Trade and Employment his views on his Department in respect of the Civil Service the failure of his Department to initiate legal pro- travel pass scheme; if so, the dates in question; ceedings against a company (details supplied) fol- the way in which temporary, seasonal or other lowing its failure to pay an Employment Appeals non-routine workers are accommodated in the Tribunal award to one of its former employees scheme; and if he will make a statement on the and prior to it being struck off the Companies matter. [4924/06] Register; and if he will make a statement on the matter. [4765/06] Minister for Foreign Affairs (Mr. D. Ahern): The travel pass scheme was introduced in 2002 122. Mr. P. Breen asked the Minister for under terms and conditions set out in Depart- Enterprise, Trade and Employment the com- ment of Finance circular 50/2001 — travel pass pensatory measures he intends to take for the scheme for the Civil Service, and has been made inaction of his Department over a period of available to the staff of the Department of For- almost two years to initiate legal proceedings eign Affairs since then. The scheme was intro- against a company (details supplied) following its duced as part of the Government’s policy to failure to pay an Employment Appeals Tribunal encourage greater use of public transport. Under award to one of its former employees and prior arrangements agreed with the Revenue Commis- to it being struck off the Companies Register; and sioners, it allows civil servants to forego salary to if he will make a statement on the matter. the value of the travel pass, thus reducing individ- [4766/06] ual liability for income tax and PRSI. It is a condition of the Revenue Commissioners Minister of State at the Department of that the travel pass scheme operate on the basis Enterprise, Trade and Employment (Mr. of an annual option. The pro rata salary sacrifice Killeen): I propose to take Questions Nos. 121 is reflected in the officer’s weekly or fortnightly and 122 together. salary over that period. Due to this 12 month The case under reference was received in commitment, temporary, seasonal and other non- January 2003. The enforcement unit of the 957 Questions— 9 February 2006. Written Answers 958

Department, which deals with the enforcement of that period to recover the amounts due; and if he both Labour Court and Employment Appeals will make a statement on the matter. [4767/06] Tribunal determinations, wrote to the former employer requesting payment of the award. No Minister of State at the Department of response was received from the employer. Enterprise, Trade and Employment (Mr. Steps necessary to entail enforcement of the Killeen): The enforcement unit of the Depart- award as part of the general preparatory work for ment of Enterprise, Trade and Employment deals the institution of legal proceedings were taken. with the enforcement of determinations coming Checks as to the precise identity of the employer from the Labour Court and Employment with a view to ensuring legal enforceability of the Appeals Tribunal. The initial action is to write to determination were made with the Companies the former employer requesting payment of the Registration Office and the Department of Social award. Where no response is received from the and Family Affairs. In addition, legal searches employer steps necessary to entail enforcement were carried out in the Land Registry, Registry of the award as part of the general preparatory of Deeds, sheriff’s office and judgment office to work for the institution of legal proceedings are determine if the company had assets against which taken. These include checks as to the precise a judgment may be enforced. In April 2003 the case identity of the employer with a view to ensuring was then forwarded to the Chief State Solicitor’s legal enforceability of the determination. Such office for transmission to the State solicitor for the checking involves the examination of records area where the employer ordinarily resides. held by the Companies Registration Office and The case was listed for hearing in Cork Circuit the Department of Social and Family Affairs. Court for January 2005. However, the Depart- In addition, legal searches are carried out in the ment became aware that the company was struck Land Registry, Registry of Deeds, sheriff’s office off the companies register in November 2004. The and judgment Office to determine if the company effect of a strike off is that the company is no has assets against which a judgment may be longer a legal entity and cannot be the subject of enforced. Delays may and do arise, such as where legal proceedings. an employee is unable to produce tax docu- The Department has no function in the oper- mentation for example, P45 or P60, which is ation of the Chief State Solicitor’s office or in the necessary to facilitate checking the relevant services provided by the State solicitors. records in the Department of Social and Family The Protection of Employees (Employers’ Affairs to confirm the employee’s legal employer. Insolvency) Acts 1984-1991 provide for payment Where the name on the determination differs of certain wage-related entitlements, including from that in the records of the Department of awards made by the Employment Appeals Tri- Social and Family Affairs a correcting order from bunal, subject to certain limits and conditions, the Labour Court or the Employment Appeals including time limits. One of the essential con- Tribunal may have to be obtained. ditions of the insolvency payments scheme is the Further delays may arise in getting evidence pre-existence of a statutory insolvency situation that an employer has received a copy of the such as in the definition of insolvency for the pur- determination. These are all measures necessary pose of the 1984 Act. This definition covers for a successful prosecution to be undertaken. situations such as liquidations, receiverships, When these actions are completed the case is bankruptcies, etc. To qualify for payment under then forwarded to the Chief State Solicitor’s the insolvency legislation any determination of office for transmission to the State Solicitor for the tribunal would have to have been made in the area where the employer ordinarily resides the 18 months prior to a company being formally to institute legal proceedings. The Department of declared insolvent. Enterprise, Trade and Employment has no func- In the case under reference, the Department tion in the operations of the Chief State Solici- has no record of the company having been for- tor’s office or the services provided by the State mally declared insolvent in accordance with the Solicitors practising throughout the State. legislation and, therefore, the employee would not qualify for payment under the insolvency pay- 124. Mr. P. Breen asked the Minister for ments scheme. Enterprise, Trade and Employment the measures he intends to take to prevent the directors of a 123. Mr. P. Breen asked the Minister for company (details supplied) which was struck off Enterprise, Trade and Employment the measures forming or becoming directors of other compan- he intends to take to prevent the repetition of a ies while an Employment Appeals Tribunal situation whereby a period of almost two years award remains outstanding on the struck off com- can elapse between an Employment Appeals Tri- pany; and if he will make a statement on the bunal award being determined and a company matter. [4768/06] against which such an award has been made is struck off the Companies Register without legal Minister for Enterprise, Trade and Employ- action being initiated by his Department within ment (Mr. Martin): I understand, that the com- 959 Questions— 9 February 2006. Written Answers 960

[Mr. Martin.] I am aware that there are some large organis- pany in question was incorporated on 4 ations and professional bodies that make their December 2000 and struck off the register on 21 own inquiries into the level of self-reported stress November 2004 and dissolved on 26 November among their own membership but this infor- 2004 for non-filing of its annual returns. mation is not available either to my Department There is no provision under existing legislation or the Health and Safety Authority. automatically preventing directors of a struck-off The Report of the Advisory Group on Work- company from being or seeking to be directors of place Bullying published last year covered this another company. Unless such a person has been subject but did not set out any data on the extent disqualified pursuant to section 160 of the Com- of workplace stress or the groups most affected. panies Act 1990 or restricted pursuant to section There is a body of scientific research on the 150 of the Companies Act 1990, he or she is free topic, which tends to agree as to the sources of to remain as or become a director of other com- occupational stress. The list is not exhaustive, as panies, notwithstanding the involuntary strike off the world of work and the social environment of a company in respect of which he or she acted changes quickly. However, many researchers as a director. agree that the most cited causes of occupational The Company Law Enforcement Act 2001 stress arise under six broad headings: demands at introduced provisions for the Director of Corpor- work; control over work; support at work; roles; ate Enforcement to bring applications to the High relationships; and change. Court to have the directors of a struck-off com- As there is no available data on costs for the pany disqualified from acting as directors. economy from occupational stress, other than the However, if these directors can show that the costs directly paid out by the Department of struck-off company had no liabilities at the time Social and Family Affairs in respect of occu- of strike-off or that any such liabilities were dis- pational injury benefit and allowances for charged before the date of the making of any anxiety-related disorders and stress, it is not pos- application for a disqualification order, then it is sible to indicate the cost to the Irish economy of most unlikely that a disqualification order will be workplace stress. Department of Social and made by the High Court. Family Affairs figures available to me show that Whether an Employment Appeals Tribunal in 2005, 169 occupational injury benefit claims award remains outstanding has no direct bearing related to stress were received in a total of 11,600 on the operation of the sections of company law occupational injury benefit claims. The cost of previously mentioned. It is a matter for the Direc- paying out benefit in respect of these claims is tor of Corporate Enforcement to determine not yet available. The Department of Social and which, if any, cases he pursues. The Deputy may Family Affairs figure, however, would not cap- wish to make a formal complaint to the Director ture all the associated costs such as replacement of Corporate Enforcement supplying full details workers, litigation, insurance costs, public health of any liabilities arising in regard to the struck- costs and secondary costs from the fall-out of off company. stress. As stress is not an illness, it is not a reportable Occupational Stress. workplace issue to the authorities in Ireland. It is therefore not monitored. Advice and general 125. Mr. McEntee asked the Minister for awareness raising in relation to occupational Enterprise, Trade and Employment the extent of safety, health and welfare, including stress, is occupational stress; if workplace stress is increas- carried out by the Health and Safety Authority ing; the underlying factors; if these factors are on through promotional material and presentations, the increase; the groups of workers most con- assistance and guidance. cerned; the cost to the Irish economy of work- The Health and Safety Authority expects every place stress; the way in which the issue is moni- employer to conduct risk assessments for health tored; and if he will make a statement on the and safety hazards, including work-related stress matter. [4780/06] where appropriate, in accordance with the requirements of the Safety, Health and Welfare Minister of State at the Department of at Work Act 2005. Enterprise, Trade and Employment (Mr. It is important that the risk assessment includes Killeen): There is no reliable data on the extent consulting with employees and their representa- of stress caused by work, that is, occupational tives to identify problem areas, taking action to stress, in Ireland. There is no facility or central address these problems in partnership with agency that has reliably measured either the employees and their representatives, and a com- reporting or the treatment of occupational stress mitment to review action plans. in Ireland. Hence, as there is no historical data, I would like to add that the HSA in partnership nor any current reliable data, it is not possible to with the British Health and Safety Executive and reply definitively to the elements of the Health Scotland have developed Work Positive, Deputy’s question. which is an audit tool with guidance material for 961 Questions— 9 February 2006. Written Answers 962 in-house application. Work Positive is a compre- work equipment-adaptation grant, WEAG; and hensive risk management tool that incorporates a wage subsidy scheme, WSS. risk assessment template covering the known causes of workplace stress. It provides a step-by- Civil Service Travel Scheme. step guide to assessing risks of stress, outlining 127. Ms Shortall asked the Minister for the aims of each step and thereby helping Enterprise, Trade and Employment if a closing employers to eliminate or properly manage these date or dates are operated by his Department in risk factors at the workplace. respect of the Civil Service travel pass scheme; if so, the dates in question; the way in which tem- Jobs for People with Disabilities. porary, seasonal or other non-routine workers are 126. Mr. F. McGrath asked the Minister for accommodated in the scheme; and if he will make Enterprise, Trade and Employment the position a statement on the matter. [4926/06] regarding employment options for a person with a mild intellectual disability; and the details relat- Minister for Enterprise, Trade and Employ- ing to same on the north side of Dublin. ment (Mr. Martin): My Department operates the [4801/06] Civil Service travel pass scheme on an annual basis. The closing date for applications is mid- Minister of State at the Department of November and travel passes are issued in Enterprise, Trade and Employment (Mr. December each year for the following 12 month Killeen): Under the aegis of the Department, and period. New entrants may also apply for travel consistent with best practice, FA´ S services are passes in January and February. All applicants mainstreamed. This means that the objective is must be employed on a permanent basis at the the systematic integration of disabled people into date of application. Officers on probation are also the open labour market by actively creating con- eligible to apply. ditions whereby disabled people can compete and operate in the labour on an equitable basis with Social Welfare Benefits. their non-disabled peers. 128. Mr. G. Mitchell asked the Minister for The most appropriate method to explore these ´ Social and Family Affairs if the social welfare employment options would be through the FAS allowance and rental allowance will be restored supported employment programme. This prog- to a person (details supplied) in Dublin 22; and if ramme facilitates the integration of disabled he will make a statement on the matter. people into paid employment in the open labour [4825/06] market by providing support to assist them in the integration process, and to meet the labour Minister for Social and Family Affairs (Mr. market requirements of employers. The key Brennan): The supplementary welfare allowance objectives of the programme are carried out by a scheme, which includes a basic income support job coach. The job coach facilitates the inte- payment and a rent supplement payment, is gration of employees with a disability into the administered on my behalf by the community workplace. The job coach is employed by a spon- welfare division of the Health Service Executive, sor organisation which runs a supported employ- HSE. Neither I nor my Department has any func- ment programme on behalf of FA´ S. tion in relation to decisions on individual claims. Prospective candidates for supported employ- In calculating the amount of supplementary ment on the north side of Dublin should first welfare allowance payable to any person the register with his-her local FA´ S employment needs and means of the household are aggregated service office in either Finglas, Coolock, Bal- and are regarded as the needs and means of the doyle, Swords, Balbriggan or D’Olier St, as claimant. The amount of payment is determined appropriate, and discuss options with a FA´ S by the amount by which a persons means fall employment services officer. The current FA´ S short of their needs. In addition, social welfare supported employment sponsor on the north side legislation provides for the exclusion of the fol- of Dublin is: Work 4u Ltd, Unit 1-3, Ballymun lowing categories from receipt of assistance under Enterprise Centre, Ballymun Industrial Estate, the supplementary welfare allowance scheme: a Dublin 11. person engaged in remunerative full-time Under mainstreaming, supported employment employment or whose spouse or partner is is but one of a range of schemes and grants pro- engaged in full-time employment; a person vided by FA´ S to assist people with disabilities and attending a course of study other than in such cir- to promote their employment prospects in the cumstances and subject to such conditions as may open labour market. Others include: the be prescribed; and a person without employment employee retention grant; the disability aware- by reason of a stoppage of work due to a trade ness training support scheme; the employment dispute at his place of employment. support scheme, ESS; the personal reader grant; Accordingly, in order to determine entitlement the job interview interpreter grant, JIIG; the to supplementary welfare allowance the executive 963 Questions— 9 February 2006. Written Answers 964

[Mr. Brennan.] PRSI and reasonable travelling expenses are also must accurately verify the composition of the disregarded in the means test. People with household so that the family’s entitlement to a incomes above this limit are assessed and may payment under the supplementary welfare allow- qualify under the standard rules of the rent or ance scheme can be established. mortgage interest supplement schemes. The HSE has advised that following a review Back to education allowance is designed to of the supplementary welfare allowance entitle- assist those who have not worked for some time ments of the person concerned, a decision was to improve their employability and job-readiness made to terminate payment of rent supplement by enabling them to improve their education and of the weekly basic supplementary welfare level-qualifications. allowance, as it was not in a position to accurately Importantly, the back to education allowance determine the household composition. payment is not a means tested payment. Partici- The person concerned has appealed the pants receive a weekly allowance equivalent to decision to the executive’s designated appeals the maximum standard rate of their one-parent officer. The executive has advised that a decision family payment, hence lone parents previously on will be made in relation to the appeal shortly. reduced rate of one-parent family payment get the equivalent of the maximum rate if they par- 129. Mr. Stanton asked the Minister for Social ticipate on the scheme. In addition, participants and Family Affairs his views on allowing the one- on the back to education allowance are paid an parent family payment to recipients to retain all annual cost of education allowance of \400 at the their secondary benefits for the duration of their beginning of each academic year. Participants participation in education and training prog- may continue to receive any secondary benefits to rammes in view of the fact that almost 50% of which they would otherwise have an entitlement. one-parent family payment claimants only have a These may include Christmas bonus, rent allow- primary level education and the fact that he has ance-mortgage interest supplement. identified the need to remove the barriers to lone The numbers of lone parents accessing the parents in entering employment as one of his back to education allowance has increased from Department’s priorities for 2006; and if he will 626 in 2002-03 to 1,514 in 2004-05. One of the key make a statement on the matter. [4938/06] tasks in the Ending Child Poverty initiative under Sustaining Progress is to address obstacles to Minister for Social and Family Affairs (Mr. employment for lone parents. Brennan): Social welfare programmes aim to be The Senior Officials Group on Social Inclusion responsive to the needs of those who depend on was mandated late in 2004 to examine this issue income maintenance support while providing and report back to the Cabinet Committee on incentives to assist people to become more inde- Social Inclusion with specific proposals. A sub- pendent financially, particularly through group of the Senior Officials Group has been employment. examining obstacles to employment for lone A number of measures have been introduced parent families, with particular emphasis on in recent years to remove disincentives to taking income supports, employment, education, child up employment and to assist in the transition care and support programmes and information. from welfare to work. These measures include special means disregards and tapered withdrawal A working group was also established in my of benefits as earnings increase, the back to edu- Department to review the income support cation allowance and employment support arrangements for lone parents. This group has schemes such as the back to work programme. looked at issues including the contingency basis People, including recipients of the one-parent of the one-parent family payment, cohabitation, family payment, are entitled to retain certain maintenance and secondary benefits. A consul- social welfare payments and other secondary tation process with social partners and other benefits in total or in part for the duration of a interested parties was also undertaken to inform community employment scheme, subject to cer- the work of the group. tain conditions. Alternatively, they may qualify I intend to make the findings of both working for secondary benefits under the standard rules groups public in the near future and to engage in of the scheme in question. a consultation process with interested parties. It For most people the most significant secondary is my intention that the outcome of these reviews, benefit is rent or mortgage interest supplement, together with initiatives already in place in my which is paid under the supplementary welfare Department, will contribute to the ongoing allowance scheme. An income limit of \317.43 development of proposals designed to better sup- per week applies to the retention of these sup- port and encourage lone parents in achieving a plements. Back to work allowance and family better standard of living, employment and edu- income supplement, in cases where one or both cation opportunities, a better future for them- of these are in payment, are disregarded in the selves and their children, and a more appropriate assessment of the \317.43 weekly income limit. social policy in the future. 965 Questions— 9 February 2006. Written Answers 966

Social Welfare Appeals. qualified adult allowance from \88.88 to \100 a week. This improvement comes into effect on 130. Mr. Ring asked the Minister for Social and different dates, depending on the scheme in ques- Family Affairs, further to a previous parliamen- tary question, the person who dealt with the tion, during the course of 2006. The upper thres- appeal for a person in County Mayo (details hold for entitlement to a tapered rate of QAA is also being increased to \240 per week with effect supplied); and the persons who attended that oral \ hearing. [4797/06] from January last and to 250 when the lower threshold increases to \100. \ Minister for Social and Family Affairs (Mr. I should clarify that the 100 a week threshold Brennan): Further to the previous parliamentary relates to all income and not just income from question referred to, the appeals officer of the employment. Accordingly, there is no anomaly in social welfare appeals office who decided the case the situation outlined by the Deputy where the \ was Ms Una Reidy. Also in attendance at the oral spouse has a private pension of 96.80 per week. \ hearing in this case were the appellant, his wife, The person could have a pension up to 100 a his daughter and a note-taker, Ms Julie week and still qualify for a full QAA. Gallagher, staff officer. Question No. 132 answered with Question Social Welfare Benefits. No. 51. 131. Mr. Gogarty asked the Minister for Social 133. Mr. Durkan asked the Minister for Social and Family Affairs if an anomaly exists whereby and Family Affairs if the free schemes will be a woman earning an allowance of \119 as an adult extended to other groups who do not as yet qual- dependant on their spouse’s pension is able to ify with particular reference to those who might \ earn up to 100 per week without any reduction need special heating or telephone requirements; being made, whereas a woman who receives and if he will make a statement on the matter. \ 96.80 pension payment in their own right is not [4901/06] able to earn anything additional; his plans to close such loopholes; and if he will make a statement Minister for Social and Family Affairs (Mr. on the matter. [4808/06] Brennan): The household benefits package, which comprises the electricity-gas allowance, Minister for Social and Family Affairs (Mr. telephone allowance and television licence Brennan): In the case of contributory pensions schemes, is generally available to people living and most other contributory and non-contribu- permanently in the State, aged 66 years or over, tory social welfare payments, a qualified adult who are in receipt of a social welfare type pay- allowance, QAA, is payable in respect of a spouse ment or who satisfy a means test. or partner who is wholly or mainly maintained by The package is also available to carers and the claimant. people with disabilities under the age of 66 who Account is taken of the spouse or partner’s are in receipt of certain welfare type payments. income for the purposes of determining whether People aged over 70 years of age can qualify the spouse is wholly or mainly dependent. A regardless of their income or household com- spouse or partner’s income includes income from position. employment, self-employment, income from other sources such as rents from the letting of Widows and widowers aged from 60 to 65 property and income from occupational pensions whose late spouses had been in receipt of the and foreign social security payments, as well as household benefits package retain that entitle- income from capital. Thus, for the purposes of ment to ensure that households do not suffer a determining whether a person is wholly or mainly loss of entitlements following the death of a dependant, account is taken of the totality of the spouse. spouse or partner’s income without regard to the In recognition of higher home heating costs, source of that income. the rate of fuel allowance was increased in budget \ Prior to budget 2006, a qualified adult allow- 2006 by 5 or 56% a week, with effect from ance at the maximum rate was payable where the January 2006. This brings the rate of fuel allow- spouse-partner’s income was less than \88.89 per ance to \14 per week. Recipients in designated week and tapered reduced rates were payable urban smokeless fuel zones receive \17.90 per where income was greater than \88.89, but less week. This is payable for a 29 week period from than \220 per week. A QAA was not payable end of September to mid-April each year. where income exceeded \220 per week. A range of proposals have been made to On budget day, as part of my reform prog- extend the coverage of the household benefits ramme, I was pleased to announce a number of package of free schemes. These proposals are further improvements to these means testing being kept under review in the context of the arrangements, including an increase in the objectives of the scheme and budgetary spouse’s income threshold for entitlement to the resources. 967 Questions— 9 February 2006. Written Answers 968

Question No. 134 answered with Question other social welfare recipients who may have No. 24. similar income support needs.

Question No. 135 answered with Question 137. Mr. Durkan asked the Minister for Social No. 12. and Family Affairs if the back to education allow- ance requirement might be relaxed with a view to 136. Mr. Durkan asked the Minister for Social catering for increased numbers; and if he will and Family Affairs his views on increasing the make a statement on the matter. [4905/06] level of payments to younger widows or widowers who do not qualify for free schemes; and if he Minister for Social and Family Affairs (Mr. will make a statement on the matter. [4904/06] Brennan): The back to education allowance is a second chance education opportunities prog- Minister for Social and Family Affairs (Mr. ramme designed to encourage and facilitate Brennan): Widows and widowers can qualify for people on certain social welfare payments to one of a number of different schemes depending improve their skills and qualifications and, there- on their particular circumstances. The contribu- fore, their prospects of returning to the active tory widow’s-widower’s pension is available to work force. those who satisfy the necessary PRSI contri- As the Deputy may be aware, I reduced the bution conditions, either on their own record or qualifying period for access to the third level that of the deceased spouse. Those qualifying for option of the scheme to 12 months in the 2005 this benefit are not subject to any means test. budget. I also increased the annual cost of edu- Those without the necessary PRSI contri- cation allowance, paid to people on BTEA, from butions can, if they have qualifying children, \254 to \400. These changes came into effect receive the one-parent family payment. This is a from 1 September 2005. means tested payment but it does feature a Following an undertaking to the Da´il and the reasonable earnings disregard which is designed Joint Committee on Social and Family Affairs, I to assist with the extra costs those with children further reduced the qualifying period for access face in trying to access training or employment. to the third level option to nine months in certain Up to \146.50 of earnings per week is completely cases. This condition applies to persons who are disregarded, while earnings in excess of that and participating in the national employment action up to \293 per week are assessed at 50%. The plan, NEAP, process and where a FA´ S employ- upper threshold will increase to \375 from June ment services officer recommends pursuance of 2006. a third level course of study as essential to the Widows or widowers without qualifying chil- enhancement of individuals employment pros- dren can apply for the widow’s-widower’s non- pects. This new condition also came into effect contributory pension. There is no specific earn- from 1 September 2005. ings disregard associated with this payment but a standard allowance of \7.60 per week is applied Furthermore, in the recent budget I announced to all income. In addition, up to \20,000 in capital that time spent in receipt of supplementary wel- is disregarded when means are being assessed. fare allowance can count towards the qualifying Increases in the rates of child benefit are also period for back to education allowance in circum- of benefit to widows and widowers with children. stances where the person establishes an entitle- Since 1997, the monthly rates of child benefit ment to a relevant social welfare payment prior have been increased significantly. The current to commencing an approved course of study. This rates of child benefit are \150.00 per month for new provision will come into effect from each of the first and second children and \185.00 September 2006. per month for the third and subsequent children. The requirement to be in receipt of a relevant Widows and widowers are also entitled to the social welfare payment for a minimum period of fuel allowance, back to school clothing and foot- time has always been a feature of the back to edu- wear allowance, and other secondary benefits, on cation allowance scheme and is considered neces- the same basis as other social welfare recipients. sary in order to ensure that limited resources are The adequacy of payments for widowed targeted at those who are most in need of second people, and for welfare recipients in general, is chance education. The scheme is intended to kept under review and, where appropriate, assist people with a history of dependence on increases are granted in annual budgets. In social welfare and is a recognition of the special budget 2006, widowed people received increases difficulties which such persons can face when of between \14 and \17 per week or between attempting to equip themselves for the modern 9.5% and 11%. This is well ahead of the rate of labour force. inflation. I am satisfied that, overall, the current arrange- It would be difficult to justify additional sup- ments ensure that my Department’s back to edu- ports for widows and widowers, in certain circum- cation allowance scheme continues to support stances, without also considering the position of those people who are most distant from the 969 Questions— 9 February 2006. Written Answers 970 labour market and whose need is greatest, but the decide on these types of claims. The Deputy may situation is being kept under review. wish to note that the majority of people whose claims fall to be examined under EU and bilateral Question No. 138 answered with Question agreements are already in receipt of a pension No. 6. from another jurisdiction. I would like to assure the Deputy that delays Pension Provisions. in processing applications will not result in any losses to pensioners and those who qualify for 139. Mr. Durkan asked the Minister for Social payment will have their claims backdated fully in and Family Affairs if it is intended to speed up accordance with the normal regulations for back- the process of applications for various pension dating pension claims. entitlements with particular reference to coun- tries with which Ireland has a bilateral arrange- 140. Mr. Durkan asked the Minister for Social ment; and if he will make a statement on the and Family Affairs the progress which has taken matter. [4907/06] place with a view to offering contributory or non- contributory old age pensions to Irish missionar- Minister for Social and Family Affairs (Mr. ies who worked overseas but who wish to remain Brennan): The main purpose of the EU and bilat- here; and if he will make a statement on the eral social security arrangements is to protect the matter. [4908/06] pension rights of persons who have paid social insurance contributions in Ireland and have Minister for Social and Family Affairs (Mr. reckonable periods of insurance in another coun- Brennan): Missionaries who have made sufficient try. The arrangements protect pension rights by social insurance contributions can qualify for an allowing reckonable periods in each country to be old age contributory pension. Contributory pen- taken into account in either country in determin- sions are payable abroad and so missionaries who ing entitlement to certain benefits where there qualify and who chose to settle overseas can would be no entitlement if national legislation receive a payment. only applied. Apart from the EU regulations on Non-contributory pensions are only payable social security, Ireland has bilateral social security where a person is resident in this country. agreements with seven countries: Austria, Accordingly, missionaries who return here and Australia, Canada, New Zealand, the United who satisfy the habitual residence condition and Kingdom, the USA and Switzerland. A bilateral a means test can qualify for a pension. understanding also exists with Quebec since 1994. As the Deputy is aware, officials of my Depart- The majority of cases involving EU and bilat- ment made a presentation to the Joint Committee eral pro-rata pension entitlement are those with on Foreign Affairs in relation to pensions for UK insurance. Processing times for claims that missionaries. Following that presentation the fall to be examined under EU and bilateral agree- committee decided to form a working group, ments are longer than those for standard Irish chaired by its chairperson, Deputy Woods, to entitlements because of the added complexity consider the issue as well as the question of pen- that arises in determining entitlements under sion entitlements for foreign aid workers in these agreements and the necessity to obtain the general. My Department is participating in the relevant foreign insurance details. Every effort is work of this group. made to minimise processing times for all pension claims. However, the paramount objective is to make sure that people receive their proper Tax and Social Welfare Codes. entitlements. 141. Mr. Durkan asked the Minister for Social Additional temporary staff were assigned to and Family Affairs the countries with whom the EU-international section of my Department Ireland has an arrangement or bilateral arrange- which deals with retirement and old age contribu- ment in respect of social welfare payments or sup- tory pensions, the bulk of EU and bilateral pen- ports; if expansion or extension is intended in this sions in 2005. More recently four permanent staff area; and if he will make a statement on the have been assigned to the section which is now matter. [4909/06] clearing the backlog of cases which resulted in delays. The situation is being actively monitored Minister for Social and Family Affairs (Mr. and additional resources will be deployed accord- Brennan): Ireland has social security agreements ing as demands on other fronts allow. with seven countries Austria, Australia, Canada, Further technological solutions are being New Zealand, the United Kingdom, the USA and sought to speed up the claim process and reduce Switzerland. These agreements came into effect delays. Developments are being progressed with between 1989 and 1999, except for that with the the Department of Work and Pensions, UK and UK which came into effect in 1971. Ireland also the other foreign agencies to ensure the smooth has a bilateral understanding with Quebec since transfer of the necessary information required to 1 October 1994. In the case of Austria, Switzer- 971 Questions— 9 February 2006. Written Answers 972

[Mr. Brennan.] Minister for Social and Family Affairs (Mr. land and the United Kingdom they have limited Brennan): A claim for maternity benefit was application as the EU regulations normally apply. received from the woman in question on 18 A revised social security agreement with October 2005. Her expected date of confinement Australia came into effect on the 1st January 2006 was certified as 22 December 2005, with her and a similar review of the New Zealand agree- maternity leave due to commence on 5 December ment is currently being carried out by officials 2005. Details included on her application form from my Department. An updated social security indicated that she was working with her husband agreement with the UK providing for workers and that PRSI contributions had been paid in moving between Ireland, the Isle of Man and the respect of that employment at PRSI Class A. As Channel Islands has been signed and it is hoped her husband was registered as a sole trader, the to have it ratified in the near future. It is also claim was referred for a decision to examine hoped to conclude an agreement with the whether she was insurable under the Social Wel- Republic of Korea this year. It is intended, in due fare Act and, if so, to establish the appropriate course, to consult with the relevant authorities in class of PRSI payable in respect of this employ- Canada, Quebec and the United States to exam- ment. Following an examination of the case, a ine the need for updating the provisions of these deciding officer concluded that the woman’s agreements. employment was not insurable under the Social Welfare Acts, as it was an excepted employment. There are no other plans at present to extend Her claim for maternity benefit was conse- the number of countries with which Ireland has quently disallowed. bilateral agreements on social security. However, The provision in the social welfare code the matter is kept under review by my officials whereby employment in the service of a husband and further consideration will be given to any or wife is excepted for social insurance coverage case which is warranted by the number of persons is a long-standing provision. It mirrors similar who have worked both in Ireland and the other exclusions under employment protection legis- country. lation. The provision recognises the practical difficulties in establishing the nature of a genuine Civil Service Travel Scheme. employment relationship in such circumstances. 142. Ms Shortall asked the Minister for Social The ways in which spouses who work together and Family Affairs if a closing date or dates are in a family business could be covered for social operated by his Department in respect of the insurance purposes can vary. Under current social welfare legislation provisions, there are three Civil Service travel pass scheme; if so, the dates different scenarios to be considered. First, where in question; the way in which temporary, seasonal spouses are actively engaged in a commercial or other non-routine workers are accommodated enterprise as a business partnership, they are in the scheme; and if he will make a statement on treated as individual self-employed contributors the matter. [4927/06] and are liable to social insurance contributions. These contributions enable them to build up an Minister for Social and Family Affairs (Mr. insurance record in their own right and to receive Brennan): The travel pass scheme was introduced accruing benefits. This would apply equally to by the Minister for Finance on 1 January 2002 unmarried couples. in respect of permanent employees. Temporary Second, where a family business is incorpor- employees, therefore, cannot be accommodated ated as a limited company, spouses involved in under the scheme. the business can establish a PRSI record either My Department operates a flexible approach as employees or as self-employed contributors — to the scheme whereby permanent employees of depending on whether a contract of service exists this Department can apply for an annual travel or not. Again this is equally relevant to unmar- pass at any time throughout the year on a ried couples working together. monthly basis. For the Deputy’s information, 425 Third, a person employed under a contract of staff are availing of the scheme in 2006. service, that is, as an employee, by his or her spouse is viewed as an “excepted” contributor Social Welfare Code. under social welfare legislation. The exception applies to both men and women in family 143. Mr. Bruton asked the Minister for Social employments and recognises the practical diffi- and Family Affairs the position in regard to a culties in establishing the nature of a genuine con- maternity benefit claim of a person (details tract of employment in such circumstances. Like- supplied) in Dublin 9 who has had years working wise, although not specifically excepted, it is at class A and then goes to work for their spouse; questionable whether a person in a relationship the position if they were partners who never mar- with another for whom they are working and to ried; and if this accords with obligations to not who they are not married, would be considered to treat married person’s less well. [4945/06] be in an employment under a contract of service. 973 Questions— 9 February 2006. Written Answers 974

Thus, where formal employment or partnership 147. Ms Shortall asked the Minister for Trans- relationships are intended between spouses or port if a person (details supplied) in County assisting relatives, the legislation provides the Roscommon will be refunded the cost of a theory scope necessary, as outlined above, to allow par- test in view of the fact that they never received ties to enter into arrangements that will enable notification; the mechanisms that are in place to them to gain access to social insurance coverage. ensure that the company running the theory test performs to adequate standards; the role of his Decentralisation Programme. Department in ensuring the company meets these standards; and the measures he intends taking to 144. Mr. McHugh asked the Minister for Trans- address the lack of accountability on the oper- port the progress which has been made in relation ation of theory tests. [4793/06] to decentralisation (details supplied); the number of people seeking transfer to Loughrea; the site Minister for Transport (Mr. Cullen): The driver of the new offices; the progress being made on theory testing service has procedures in place for provision of building; the completion date for the dealing with complaints, including any concerning new building; the date on which the transfer will a refund of fees, which may be addressed to the be complete. [4838/06] Customer Service Manager at P.O. Box 144, Drogheda, Co. Louth. Minister for Transport (Mr. Cullen): Very good The driver theory testing service is operated as progress is being made in relation to decentralis- a public private partnership project. Performance ation of transport functions to Loughrea. I refer standards which the service must meet are set out the Deputy to my previous answer to Question in the contract to deliver the service. Compliance No. 128 answered on Wednesday, 1 February with these performance standards are monitored 2006, where I set out the position in full. on an ongoing basis by my Department.

145. Mr. McHugh asked the Minister for Trans- Rail Services. port the progress which has been made in relation 148. Mr. Gormley asked the Minister for Trans- to decentralisation (details supplied) in County port when the trains on the Dublin-Sligo line will Galway; the number of people seeking transfer; be upgraded as currently DART commuter trains the site of the new offices; the progress being are being used on this inter-city line (details made on provision of building; the completion supplied); and if he will make a statement on the date for the new building; the date on which the matter. [4878/06] transfer will be complete. [4839/06] Minister for Transport (Mr. Cullen): While the Minister for Transport (Mr. Cullen): Under the deployment of its fleet is an operational matter decentralisation programme, 90 posts in the for Iarnro´ dE´ ireann, I am advised by the com- National Roads Authority are due to transfer to pany that the frequency of service on the Dublin- Ballinasloe. Seven public servants and 59 civil ser- Sligo railway line was recently improved from vants have applied on the central applications three services per day to five, with the introduc- ´ facility to decentralise. The National Roads tion of Iarnro´ dEireann’s new timetable in Authority has not been identified as an early December 2005. In addition, 150 new railcars are mover by the decentralisation implementation on order and some of these will be deployed by group. Implementation issues, including the the company on the Dublin-Sligo route from identification of accommodation, are being pur- 2008, offering higher levels of passenger comfort sued by the authority. and frequency than at present. Civil Service Travel Scheme. Driving Tests. 149. Ms Shortall asked the Minister for Trans- 146. Mr. Blaney asked the Minister for Trans- port if a closing date or dates are operated by his port when the documentation pertaining to the Department in respect of the Civil Service travel lease for the off-road compound in Letterkenny pass scheme; if so, the dates in question; the way for drivers of articulated vehicles in Donegal will in which temporary, seasonal or other non-rou- be finalised; when testing will commence on this tine workers are accommodated in the scheme; site; and if he will make a statement on the and if he will make a statement on the matter. matter. [4774/06] [4928/06]

Minister for Transport (Mr. Cullen): A suitable Minister for Transport (Mr. Cullen): The travel location has been identified in Letterkenny to pass scheme is operated in this Department facilitate driving tests for articulated vehicles. according to the provisions of Department of Fin- Final arrangements are being made by the OPW ance circular 50/2001. Although staff are encour- which will allow such testing to resume shortly. aged to apply for a calendar year pass, a closing 975 Questions— 9 February 2006. Written Answers 976

[Mr. Cullen.] iour. The concentration on that group of offences date is not operated by the Department as the is supported by the fact that driver behaviour is scheme is available to new entrants throughout the primary contributory factor in some 86% of the year. All employees employed on a all fatal collisions. permanent/probationary basis are accommodated The roll out planned for April is facilitated by in the scheme. the launch by the Garda Sı´ocha´na of IT prog- rammes necessary for the operation of both the Road Traffic Offences. penalty points system and the associated fixed charge system, which, I understand, are being 150. Ms Shortall asked the Minister for Trans- operated on a test basis at present. port, further to Question No. 137 of 2 February The overall list of offences to which the penalty 2006, the offences to which penalty points will not points system is to be applied is set out in the apply following the extension of penalty point First Schedule to the Road Traffic Act 2002, as categories in April 2006. [4948/06] subsequently amended. I will authorise further roll outs of that system following the successful Minister for Transport (Mr. Cullen): As I indi- implementation of the April initiative. cated in my reply to Question No. 137 of 2 The following table lists those offences that will February, the extension of the application of the not be the subject of the April rollout. It relates penalty points system, which will be implemented primarily to offences in the categories relating to with effect from April next, is focused on those vehicles and their use, lighting of vehicles and the penalty point offences that relate to driver behav- licensing of drivers.

Offence General description of offence

Offence under section 12 of Road Traffic Act, 1961 Using vehicle — (a) whose weight unladen exceeds maximum permitted weight, (b) whose weight laden exceeds maximum permitted weight, or (c) any part of which transmits to ground greater weight than maximum permitted weight. Offence under section 18 of Road Traffic Act, 1961 Using vehicle without test certificate. Offence under section 20(10) of Road Traffic Act, 1961 Driving vehicle before remedying dangerous defect. Offence under section 38 of Road Traffic Act, 1961 Driving without a licence. Offence under section 39 of Road Traffic Act, 1961 Applying for a licence while disqualified for so applying. Offence under section 40 of Road Traffic Act, 1961 Failure to produce a licence to member of Garda Sı´ocha´na. Offence under section 54 of Road Traffic Act, 1961 Driving dangerously defective vehicle. Offence under section 115 of Road Traffic Act, 1961 Furnishing false or misleading particulars in connection with application for licence. Offence consisting of contravention of article 10 (S.I. No. 190 of 1963) Using vehicle whose width exceeds maximum permitted width. Offence consisting of contravention of article 11 (S.I. No. 190 of 1963) Using vehicle whose length exceeds maximum permitted length. Offence consisting of contravention of article 16 (S.I. No. 190 of 1963) Using a vehicle with defective or worn tyres. Offence consisting of contravention of article 23 (S.I. No. 190 of 1963) Using a vehicle from which driver has inadequate view of road and traffic. Offence consisting of contravention of article 24 (S.I. No. 190 of 1963) Using vehicle whose windscreen is not of safety glass or gives distorted view. Offence consisting of contravention of article 25 (S.I. No. 190 of 1963) Using vehicle not fitted with efficient windscreen wiper. Offence consisting of contravention of article 26 (S.I. No. 190 of 1963) Using vehicle not fitted with adequate driving mirror. Offence consisting of contravention of article 46 (S.I. No. 190 of 1963) Using vehicle whose brakes are inadequate. Offence consisting of contravention of article 3 (S.I. 96 of 1971) Using vehicle not fitted with adequate anchorage point for safety belts. Offence consisting of contravention of article 4 (S.I. 96 of 1971) Using vehicle not fitted with safety belts. Offence consisting of contravention of article 10 (S.I. No. 360 of 1978) Using motor cycle without wearing a crash helmet. 977 Questions— 9 February 2006. Written Answers 978

Offence General description of offence

Offence consisting of contravention of article 11 (S.I. No. 360 of 1978) Permitting passenger not wearing crash helmet to be carried on motor cycle. Offence consisting of contravention of article 4 (S.I. No. 158 of 1985) Using vehicle not equipped with rear underrun protective device. Offence consisting of contravention of article 5 (S.I. No. 158 of 1985) Using vehicle not equipped with side-guard. Offence consisting of contravention of article 3 (S.I. No. 299 of 1993) Using vehicle not equipped with speed limitation device. Offence consisting of contravention of article 4 (S.I. No. 299 of 1993) Using vehicle equipped with speed limitation device not complying with specified requirements. Offence consisting of contravention of article 5 (S.I. No. 299 of 1993) Using vehicle equipped with speed limitation device not sealed or not sealed in compliance with specified requirements. Offence consisting of contravention of article 4 of the Road Traffic Use by driver of vehicle of mobile phone while (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) in the vehicle in a public place except when Regulations, 2002 (S.I. No. 93 of 2002) the vehicle is parked. Offence consisting of contravention of sub-article (1) of article 9 Using vehicle not equipped with required lamps and identification mark lighting. Offence consisting of contravention of sub-article (2) or (3) of article 9 Using trailer not equipped with required lamps and identification mark lighting. Offence consisting of contravention of sub-article (4) of article 9 Using vehicle not equipped with required rear projecting load lamp or lateral projecting load lamp. Offence consisting of contravention of sub-article (5) of article 9 Using trailer not equipped with required marker lamp. Offence consisting of contravention of sub-article (6) of article 9 Using public service vehicle not equipped with required internal lighting. Offence consisting of contravention of sub-article (7) of article 9 Using vehicle not equipped with required direction indicators. Offence under section 42 of Road Traffic Act, 1961, consisting of Holder of provisional licence driving vehicle contravention of sub-article (6)(b)(iv) of article 20 (other than motor cycle) when not accompanied by and under supervision of qualified person.

Civil Service Travel Scheme. this caters for employees who choose to join the scheme at a later date. 151. Ms Shortall asked the Minister for Com- There is no provision in the current scheme for munity, Rural and Gaeltacht Affairs if a closing seasonal or other non-routine workers. My date or dates are operated by his Department in Department will co-operate with any future respect of the Civil Service travel pass scheme; if changes that may be made to the scheme cen- so, the dates in question; the way in which tem- trally to cater for such officers. porary, seasonal or other non-routine workers are accommodated in the scheme; and if he will make a statement on the matter. [4929/06] EU Directives. 152. Mr. Ring asked the Minister for Agri- Minister for Community, Rural and Gaeltacht culture and Food if she has met with the Irish Affairs (E´ amon O´ Cuı´v): My Department partici- Farmers Association in regard to the regulations pates in the travel pass scheme that is agreed cen- that give legal effect to the nitrates action prog- trally by the Department of Finance. The scheme ramme; if so, the outcome of the meetings; and operating at present allows employees to avail of her plans to go back to Europe to try and get this an annual commuter ticket by means of a directive changed. [4763/06] deduction from salary. Employees are not charged tax-PRSI on the portion of the salary Minister for Agriculture and Food (Mary sacrificed. Coughlan): The implementation of the nitrates The scheme is available to officers employed directive is a matter for the Minister for the on a permanent or probationary basis, as well as Environment, Heritage and Local Government, officers employed under a fixed-term contract in in the first instance. The regulations to give legal my Department. The closing date for applications effect to the nitrates action programme were for 2006 annual tickets was 18 November 2005. signed by the Minister for the Environment, Heri- However, most transport providers allow for tage and Local Government in December 2005 part-year tickets, commencing in any month of and came into effect on 1 February 2006. The the year and valid until December of that year, directive itself dates from 1991. 979 Questions— 9 February 2006. Written Answers 980

[Mary Coughlan.] 2005 scheme. To date, payments worth in excess The Minister for the Environment, Heritage of \1.118 billion have issued to 123,000 farmers. and Local Government engaged in an extensive In common with the coupled schemes, which consultation process on the action programme the single payment scheme replaced, delays in and regulations, during which stakeholders were processing can be caused by many factors, includ- afforded the opportunity to put forward their ing incomplete application forms, errors on appli- views and concerns. I have also met the IFA to cations and discrepancies highlighted following discuss the implementation of the nitrates computer validation, which are required to be directive. In addition, officials of both Depart- resolved via correspondence with the applicant. ments met with farm organisations, including the In many cases, payment could not be made IFA, and other stakeholders on a number of because applicants did not submit an application occasions prior to the regulations being made by to transfer the single payment entitlements to the Minister for the Environment, Heritage and them with lands by way of inheritance, gift, lease Local Government. or purchase. Many of the applications were only Teagasc, the State body responsible for provid- received after my Department made direct con- ing the science on which the technical aspects of tact with the farmers in question during recent the regulations are based, indicated that it might weeks and some have yet to be submitted. be possible to review part of this advice, which Applications under the single payment scheme could improve the effectiveness of the regu- are processed as follows. They are date stamped lations, particularly with regard to phosphorus upon receipt and are then prepared and for- use. warded for scanning. This provides an electronic Subsequently, the Minister for the Envir- image of all applications and associated docu- onment, Heritage and Local Government and I mentation received. Following scanning, the made it clear that if scientifically robust infor- applications are presented to the single payment scheme unit to be data-captured onto the Depart- mation can be brought forward, the Government ment’s database, SPS. Upon completion of data will make a case to the European Commission for capture, applications which contain new plots- revising the current limits. parcels, are submitted to a third party contractor, As a result of these developments, the Minister so that the plots/parcels can be digitised onto the for the Environment, Heritage and Local Department’s database. Amendment forms Government announced that the implementation received are scanned and data captured. Selected of part three of the regulations, dealing with applications are issued for inspection. Queries nutrient planning, will be deferred for a number arising from the digitisation process are referred of weeks. Any amendments required to the regu- to the single payment scheme unit for resolution. lations will be made following completion of the Queries arising from the data capture or digitis- review and will require the agreement of the ation are then referred to the applicant through European Commission. the issue of query letters. Responses received from applicants to queries raised are scanned Grant Payments. upon receipt and are processed to finality if possible. 153. Mr. J. O’Keeffe asked the Minister for If necessary, further query letters are issued to Agriculture and Food the administrative process resolve specific issues. Where selected, cases sub- in relation to the issue of payment cheques to ject to inspections have results entered. Quality farmers; the delays that can occur in relation to control procedure is carried out on cases avail- payments where entitlement to payments has able for payment. A payment file is generated been clearly established; the causes of such and presented for payment. delays; and the efforts being made to ensure The successful introduction of the single pay- prompt payment. [4813/06] ment scheme in Ireland, in 2005, is testimony to the efforts of all concerned. It is my intention that Minister for Agriculture and Food (Mary this success will be built on into the future to the Coughlan): Some 143,000 applications were benefit of all concerned. received under the 2005 single payment scheme. In addition to those applicants seeking both to 154. Mr. Durkan asked the Minister for Agri- activate their entitlements and also receive pay- culture and Food when area aid will be awarded ment, applications were received from farmers in the case of a person (details supplied) in seeking only to activate their entitlements. It will County Kildare for year ending 31 December be recalled that farmers who did not seek to acti- 2005; and if she will make a statement on the vate their entitlements in 2005 would, under EU matter. [4864/06] rules, forfeit these entitlements to the national reserve. Minister for Agriculture and Food (Mary Of the 143,000 applications received, approxi- Coughlan): The person named submitted an mately 128,000 are eligible for payment under the application on 4 January 2006 to transfer entitle- 981 Questions— 9 February 2006. Written Answers 982 ments with lands by way of inheritance under the holding to a third party during the reference provisions of the single payment scheme. period 2000-02. However, the single payment entitlements could Category B caters for farmers who, between 1 not be transferred as he did not receive lands by January 2000 and 19 October 2003, made an way of gift or inheritance. The applicant was investment in production capacity in a farming informed that the transfer was more appropriate sector for which a direct payment under livestock to the private contract clause measure as the premia and/or arable aid schemes would have lands in question were purchased. been payable during the reference period 2000 to A private contract clause application form was 2002. Investments can include purchase or long- forwarded to the person named for completion. term lease of land, purchase of suckler and/or Upon receipt of the completed application form, ewe quota or other investments. my Department will notify the person named of Category C caters for farmers who, between 1 the outcome and issue the single payment if the January 2000 and 19 October 2003, sold the milk application is successful. quota into the milk quota restructuring scheme and converted their enterprise to a farming sector 155. Mr. Ring asked the Minister for Agri- for which a direct payment under livestock pre- culture and Food if a statement of entitlements mia or arable aid schemes would have been pay- under the single farm payment scheme will re- able during the reference period 2000 to 2002. issue to a person (details supplied) in County Category D caters for farmers who commenced Mayo; and if the calculations for this payment will farming after 31 December 2002 or who com- issue for clarification. [4865/06] menced farming in 2002 but who received no direct payments in respect of that scheme year. Minister for Agriculture and Food (Mary However, the rules governing the single pay- Coughlan): The original statement of provisional ment scheme stipulate that an applicant who is entitlements, which issued to all farmers who found to be eligible under more than one cate- actively farmed during all or any of the three ref- gory in the reserve may only receive an allocation erence years 2002, 2001 and 2002, and who were of entitlements under whichever category is most paid livestock premia and-or arable aid payments beneficial to him or her. in one or more of those years, included a table The position is that over 23,000 applications for showing the basis of the calculation. Those farm- an allocation of entitlements from the national ers who considered that full account had not been reserve were received when account is taken of taken of all their qualifying activities during the farmers who applied under more than one cate- reference years were invited to contact the gory. Processing of these applications is continu- Department to seek a review of the calculation in ing and the intention is to make allocations to their own particular case. No such request was successful applicants at the earliest opportunity. received from the person named. However, I have arranged for an official of my Department My Department will be in touch with individual to contact the person named directly in order to applicants as soon as their applications are fully clarify the matter. If it is found that the original processed, when formal letters setting out my calculation of entitlements did not take full Department’s decision will be issued. account of her applications under the livestock premia schemes during the reference years, the 157. Mr. Naughten asked the Minister for Agri- established entitlements will be amended and a culture and Food, further to Question No. 114 of supplementary payment issued to the person 26 January 2006, when the person will be issued named. with payment; and if she will make a statement on the matter. [4872/06] 156. Mr. Naughten asked the Minister for Agri- culture and Food the status of a national reserve Minister for Agriculture and Food (Mary application for a person (details supplied) in Coughlan): My Department has completed its County Roscommon; and if she will make a state- review of the value of the entitlements of the per- ment on the matter. [4870/06] son in question. As a result of this review, the value of the entitlements has been increased and Minister for Agriculture and Food (Mary a supplementary payment amounting to \2,659.80 Coughlan): The person named submitted an will be issued to the applicant shortly. application for an allocation of entitlements from the single payments scheme national reserve 158. Mr. Naughten asked the Minister for Agri- under categories A, B, C and D. culture and Food the reason for the delay in issu- Category A caters for farmers who inherited ing a person (details supplied) in County land or received land free of charge, or for a nom- Roscommon with the merged single farm pay- inal sum, from a farmer who had retired or died ment; when the payment will be issued; and if she by 16 May 2005, and who had leased out his/her will make a statement on the matter. [4875/06] 983 Questions— 9 February 2006. Written Answers 984

Minister for Agriculture and Food (Mary employed on a permanent-probationary basis on Coughlan): The person named submitted an the date of application. In addition employees application under the single payment scheme on employed under fixed term contract are eligible 10 May 2005 in respect of the Roscommon herd to join the scheme. The scheme currently number. Full payment amounting to \4,432.78 in operates on a 12 month basis in my Department respect of 17.59 entitlements issued on 1 from 1 January and 1 July each year. The closing December 2005. An application, to transfer 6.65 date for applications to join this scheme is one entitlements with a total value of \1,366.84, from month prior to the above dates in order to allow the Sligo herd number to the Roscommon herd time for processing of applications. number was processed on 24 January 2006. This brought the total established entitlements by the Closed Circuit Television Systems. person named to 24.24. As the total forage area 161. Mr. P. Breen asked the Minister for declared on the 2005 single payment was 21.99 Justice, Equality and Law Reform if planning for hectares, she was eligible for payment on 4.4 of the installation of closed circuit television for the 6.65 transferred entitlements. A supplemen- Ennis has commenced; if the revised timetable for tary payment amounting to \828.76 was issued on implementation of a closed circuit television 2 February 2006 in respect of these 4.4 entitle- system for Ennis by the end of 2006 still stands; if ments. In order to benefit from the full payment not, when he envisages a closed circuit television in 2006 on the 24.24 entitlements now held by the system operating in the town; and if he will make person named, she will need to declare 24.24 eli- a statement on the matter. [4795/06] gible hectares on her 2006 single payment appli- cation form. Minister for Justice, Equality and Law Reform (Mr. McDowell): I refer the Deputy to my reply 159. Mr. Naughten asked the Minister for Agri- to Question No. 420 on Tuesday, 6 February culture and Food the reason a person (details 2006. supplied) in County Roscommon is being refused the final part of their payment for their herd Human Trafficking. being locked up with tuberculosis; and if she will make a statement on the matter. [4913/06] 162. Ms McManus asked the Minister for Justice, Equality and Law Reform the safeguards Minister for Agriculture and Food (Mary he has put in place to prevent the trafficking of Coughlan): The herd of the person referred to women and children into and through Ireland; his was restricted on 4 August 2005 following the dis- views on the ratification of the 2005 Council of closure of 11 reactor animals. The person con- Europe Convention on action against the traffick- cerned became eligible for income supplement in ing of human beings; his plans with regard to October 2005. Income supplement for October, enacting legislation to combat this trafficking as December and January has been paid. Before recommended by the UN Committee on the processing November’s payment my Depart- Elimination of Discrimination Against Women; and if he will make a statement on the matter. ment’s local office is awaiting written clarification [4796/06] on the reason for a delay in a test which was due to be carried out in November. Income sup- Minister for Justice, Equality and Law Reform plement due to be paid in February is currently (Mr. McDowell): I refer the Deputy to my being processed and should issue shortly. The response to a question, reference number herd was de-restricted following a clearance test 4288/06, on 7 February, 2006. of 4 February 2006. Residency Permits. Civil Service Travel Scheme. 163. Mr. Penrose asked the Minister for Justice, 160. Ms Shortall asked the Minister for Agri- Equality and Law Reform the reason a person culture and Food if a closing date or dates are (details supplied) in County Westmeath has not operated by her Department in respect of the had their green card renewed; and if he will make Civil Service travel pass scheme; if so, the dates a statement on the matter. [4810/06] in question; the way in which temporary, seasonal or other non-routine workers are accommodated Minister for Justice, Equality and Law Reform in the scheme; and if she will make a statement (Mr. McDowell): The applicant in question on the matter. [4930/06] applied for permission to remain in Ireland on the basis of being the parent of an Irish-born Minister for Agriculture and Food (Mary child, born before 1 January 2005, under the Coughlan): My Department operates the Civil revised arrangements announced by me on 15 Service travel pass scheme as outlined in the January 2005. His application is currently being Department of Finance circular 50/2001. In order reviewed and I will notify the Deputy when the to participate in the scheme an employee must be outcome of the review is known. 985 Questions— 9 February 2006. Written Answers 986

164. Mr. Penrose asked the Minister for Justice, Equality and Law Reform if his Department has Region Number received correspondence from a person (details supplied) in County Westmeath; the steps he will D.M.R 10 take to have this matter dealt with without South Eastern 0 further delay; and if he will make a statement on Eastern 3 the matter. [4811/06] Northern 1 Western 1 Minister for Justice, Equality and Law Reform (Mr. McDowell): In view of the individual cir- Southern 2 cumstances of this case, I have asked that the request for permission to remain be examined I have been further informed by the Garda auth- afresh. The immigration division of my Depart- orities that, the number of gardaı´ who are driving ment will be in contact with the individual con- Garda cars generally and have chief superintend- cerned in due course. ent’s permission, in each region, as at 7 February 2006 was as set out in the table hereunder: Registration of Title. Region Number 165. Mr. Penrose asked the Minister for Justice, Equality and Law Reform if the land division sol- D.M.R 836 icitor at his Department dealing with land com- South Eastern 201 mission sales has completed the queries that have Eastern 226 been raised in relation to vesting of lands for a Northern 252 person (details supplied) in County Westmeath in respect of which documents necessary for the Western 132 registration were lodged in the Land Registry Southern 366 Office on 17 December 1999 have been dealt with Total 2,013 and completed; the steps he will take to have this matter expedited; and if he will make a statement on the matter. [4812/06] Garda management states that the staffing levels of the Garda driving and training school are cur- Minister for Justice, Equality and Law Reform rently being examined, with a view to reducing (Mr. McDowell): I understand the Land Registry the number of personnel driving on chief’s permission. has advised the Deputy of the current position regarding the application in question and that the key issue appears to be a matter for the Depart- Garda Personnel. ment of Agriculture and Food. 167. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of Garda Training. gardaı´ who claimed back fees for third level courses over the past five years; the number of 166. Mr. J. O’Keeffe asked the Minister for same who have left the Garda force; and if any Justice, Equality and Law Reform the number of of them were made to pay back the refund of fees gardaı´ appointed to the Traffic Corps in the past to the State. [4817/06] 12 months who are untrained Garda drivers and are driving on chief’s permission; the number of Minister for Justice, Equality and Law Reform gardaı´ who are driving Garda cars generally and (Mr. McDowell): I have been informed by the only have chief’s permission; and the additional Garda authorities, who are responsible for the resources which will be provided to the driving detailed allocation of resources, including person- school to ensure that all of those who are nel, that the number of gardaı´ who claimed back officially driving Garda cars have completed the fees for third level courses over the last five years Garda driving course. [4816/06] was as set out hereunder:

Minister for Justice, Equality and Law Reform Year Fees Academic Year Number (Mr. McDowell): I have been informed by the Refunded Garda authorities, who are responsible for the detailed allocation of resources, including person- 2005 2004/2005 136 nel, that the number of gardaı´ appointed to the 2004 2003/2004 128 Traffic Corps in the past 12 months who are driv- 2003 2002/2003 176 ing on chief superintendent’s permission in each 2002 2001/2002 176 region as at 7 February, 2006 was as set out in the 2001 2000/2001 183 table hereunder: 987 Questions— 9 February 2006. Written Answers 988

[Mr. McDowell.] Road Traffic Offences. I have been further informed by the Garda auth- 170. Ms O. Mitchell asked the Minister for orities that no member has been requested to Justice, Equality and Law Reform the way in refund fees to the State. Garda management which it is envisaged that the fixed charge pro- states that the information requested in relation cessing system would operate and the way in to the number of members of the Garda Sı´ocha´na which it can contribute to reducing the number who have left the force following a refund of third of court appearances for gardaı´. [4830/06] level fees is not readily available and can only be obtained by the disproportionate expenditure of Minister for Justice, Equality and Law Reform Garda time and resources relative to the infor- (Mr. McDowell): As recently announced by the mation sought. Minister for Transport, an additional 31 fixed charge-penalty points offences will be introduced Crime Levels. from April next. Most of the penalty point 168. Mr. J. O’Keeffe asked the Minister for offences to be commenced are currently dealt Justice, Equality and Law Reform the amount of with by means of summons to the courts. From cash stolen in robberies or otherwise during 2005; April, only those offences where payment of the the amounts recovered; and the number of per- fine is not made will lead to court proceedings, sons prosecuted arising therefrom. [4818/06] thus reducing the number of court appearances for gardaı´. Minister for Justice, Equality and Law Reform The introduction of the Garda fixed charge (Mr. McDowell): I regret it has not been possible processing system, together with the setting up of in the time available to obtain the information the Garda national processing office, NPO, also requested by the Deputy. I will be in contact reduces the administrative involvement of the again with the Deputy in relation to this matter detecting garda. Once the alleged offence details when it becomes available. are captured at the roadside, processing is auto- mated and-or centralised in the NPO, thus freeing Citizenship Applications. up the detecting garda for operational duties. The 169. Mr. Ring asked the Minister for Justice, further involvement of the garda detecting the Equality and Law Reform when a person (details offence is limited to those fixed charge notices supplied) in County Mayo will be approved for that are not paid within the requisite timeframe Irish citizenship on the basis of their marriage and accordingly become the subject of court pro- here. [4827/06] ceedings.

Minister for Justice, Equality and Law Reform Citizenship Applications. (Mr. McDowell): A declaration of acceptance of 171. Mr. Naughten asked the Minister for Irish citizenship as post-nuptial citizenship was Justice, Equality and Law Reform the status of a received in the citizenship section of my Depart- citizenship application for a person (details ment on 19 November 2005 from the person supplied) in County Roscommon; the delay in referred to in the Deputy’s question. dealing with such applications; if the application The statutory provisions providing for the pro- will be expedited; and if he will make a statement cess of post-nuptial citizenship were repealed in on the matter. [4831/06] the Irish Nationality and Citizenship Act 2001. This change came into effect on 30 November Minister for Justice, Equality and Law Reform 2002. A transition provision contained in that Act (Mr. McDowell): An application for a certificate provided that persons who married Irish citizens of naturalisation from the person referred to by prior to 30 November 2002 could make a declar- the Deputy was received in the citizenship section ation on or before 29 November 2005. In the of my Department on 29 November 2005. The period leading up to the closing of the transition average processing time for such applications is period, the number of declarations received 24 months at present. It is likely, therefore, that increased significantly with the result that there the case will be finalised in or around the end of are now almost 8,000 such declarations awaiting 2007. I will be in touch with both the Deputy and consideration in this Department and the Depart- the applicant when I have reached a decision in ment of Foreign Affairs. Declarations received the matter. from persons resident outside Ireland are pro- cessed by the Department of Foreign Affairs. Registration of Title. In the circumstances, it is not possible to say precisely when the declaration of the person con- 172. Mr. Connaughton asked the Minister for cerned will be finalised. I will advise the Deputy Justice, Equality and Law Reform the position and the applicant when processing of the declar- regarding an application for a dealing number by ation in question has been completed. a person (details supplied) in County Galway; 989 Questions— 9 February 2006. Written Answers 990 and if he will make a statement on the matter. Residency Permits. [4834/06] 176. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the status of the resi- Minister for Justice, Equality and Law Reform dency application in the case of a person (details (Mr. McDowell): I wish to inform the Deputy supplied) in Dublin 6 who is likely to be that I have requested the Land Registry to con- imprisoned for the person’s political beliefs and tact him directly concerning the current position association with non-governmental organisations; of the application in question. However, I am and if he will make a statement on the matter. informed by the Registrar of Titles that there is [4894/06] no application currently pending on the folio con- cerned. I am further informed that if the Deputy Minister for Justice, Equality and Law Reform supplies the Land Registry with additional infor- (Mr. McDowell): The person concerned arrived mation concerning the application referred to, a in the State on 28 February 2004 and applied for further search of its records can be made. asylum. His application was refused following consideration of his case by the Office of the 173. Mr. Aylward asked the Minister for Refugee Applications Commissioner and, on Justice, Equality and Law Reform the progress to appeal, by the Refugee Appeals Tribunal. date in 2006 on a dealing that is with the Land Subsequently, in accordance with section 3 of Registry Office since 2002; and the reason for the the Immigration Act 1999, as amended, he was delay in this particular case. [4891/06] informed by a letter dated 13 September 2005 Minister for Justice, Equality and Law Reform that the Minister proposed to make a deportation (Mr. McDowell): I wish to inform the Deputy order in respect of him. He was given the options that I have requested the Land Registry to con- to be exercised within 15 working days of making tact him directly concerning the current position representations to the Minister setting out the of the application in question. reasons he should be allowed to remain tempor- arily in the State — leaving the State before an order is made or consenting to the making of a Decentralisation Programme. deportation order. 174. Mr. Durkan asked the Minister for Justice, His case file, including all representations sub- Equality and Law Reform if and when a person mitted, will be considered under section 3(6) of (details supplied) in County Kildare can relocate the Immigration Act 1999, as amended, and to Naas, Newbridge or other locations in County section 5 of the Refugee Act 1996 — prohibition Kildare in the context of proposed decentralis- of refoulement. I expect the file to be passed to ation plans; and if he will make a statement on me for decision in due course. the matter. [4892/06] 177. Mr. Durkan asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform the current and poten- (Mr. McDowell): I can inform the Deputy that, tial residency status in the case of a person under the Government’s decentralisation prog- (details supplied) in County Wexford; and if he ramme, there are no plans to relocate any of the will make a statement on the matter. [4895/06] sections or agencies under the aegis of my Department to County Kildare. Minister for Justice, Equality and Law Reform (Mr. McDowell): The person concerned arrived Citizenship Applications. in the State on 23 August 2004 and applied for 175. Mr. Durkan asked the Minister for Justice, asylum. His application was refused following Equality and Law Reform if a person (details consideration of his case by the Office of the supplied) in County Kildare is eligible for con- Refugee Applications Commissioner and, on sideration for naturalisation notwithstanding his appeal, by the Refugee Appeals Tribunal. reply to Question No. 1186 of 25 January 2006; Subsequently, in accordance with section 3 of and if he will make a statement on the matter. the Immigration Act 1999, as amended, he was [4893/06] informed by a letter dated 30 September 2005 that the Minister proposed to make a deportation Minister for Justice, Equality and Law Reform order in respect of him. He was given the options (Mr. McDowell): It will not be possible to deter- to be exercised within 15 working days of making mine if the person referred to is eligible for natu- representations to the Minister setting out the ralisation until a fully completed application reasons he should be allowed to remain tempor- form, accompanied by the necessary supporting arily in the State — leaving the State before an documentation, is received. I understand that an order is made or consenting to the making of a application form has already been sent to the deportation order. Deputy to enable the person concerned make His case file, including all representations sub- such an application. mitted, will be considered under section 3(6) of 991 Questions— 9 February 2006. Written Answers 992

[Mr. McDowell.] dence in respect of which an applicant does not the Immigration Act 1999, as amended, and have permission to remain in the State, periods section 5 of the Refugee Act 1996 — prohibition granted for the purposes of study and periods of refoulement. I expect the file to be passed to granted for the purposes of seeking recognition me for decision in due course. as a refugee within the meaning of the Refugee Act 1996. Citizenship Applications. When an application for naturalisation is received, it is examined immediately to determine 178. Mr. Durkan asked the Minister for Justice, if the applicant meets the above mentioned statu- Equality and Law Reform the procedure to be tory residency criteria. If the applicant fulfils the followed in the event of an application for natu- residency criteria, the application will then be ralisation in the case of a person (details considered in accordance with the other statutory supplied) in County Westmeath; and if he will requirements before being passed to me for a make a statement on the matter. [4896/06] decision. At the moment, the average total pro- cessing time for such applications is 24 months. Minister for Justice, Equality and Law Reform An application form and some explanatory (Mr. McDowell): The Irish Nationality and information has been posted to the person con- Citizenship Act 1956, as amended, provides that cerned. Further information may be obtained the Minister for Justice, Equality and Law from my Department’s website www.justice.ie or Reform may, in his absolute discretion, grant an by telephoning the citizenship section helpline on application for a certificate of naturalisation pro- Tuesdays or Thursdays between 10 a.m. to 12.30 vided certain statutory conditions are fulfilled. In p.m. at lo-call 1890 551 500 or 01 6167700. the case of a non-national applicant who is the spouse of an Irish national, those conditions are Residency Permits. that the applicant must be of full age, be of good character, be married to the Irish citizen for at 179. Mr. Durkan asked the Minister for Justice, least three years, be in a marriage recognised Equality and Law Reform if, notwithstanding his under the laws of the State as subsisting, be living reply to Parliamentary Question No. 1188 of 25 together as husband and wife with the Irish January 2006 and in view of the serious evidence spouse, have had a period of one year’s continu- of a threat to a person’s life and well being in the ous residency in the island of Ireland immediately event of return to the person’s homeland, he will before the date of the application and, during the further review or extend the period of residency four years immediately preceding that period, in this case; and if he will make a statement on have had a total residence in the island of Ireland the matter. [4897/06] amounting to two years, intend in good faith to continue to reside in the island of Ireland after Minister for Justice, Equality and Law Reform naturalisation and have made, either before a (Mr. McDowell): As explained in my reply to judge of the District Court in open court or in Question No. 1188 on Wednesday, 25 January such a manner as the Minister, for special reasons 2006, the circumstances of each case is individu- allows, a declaration in the prescribed manner, of ally considered with regard to section 5 of the fidelity to the nation and loyalty to the State. Refugee Act 1996 — prohibition of refoulement In other cases the Minister may, in his absolute before the making of a deportation order. The discretion, grant an application for a certificate circumstances of the case referred to by the of naturalisation provided certain more rigorous Deputy were fully examined and were found not statutory conditions are fulfilled. Those con- to be such as to prevent the safe return of the ditions are that the applicant must be of full age person concerned. or by way of exception, be a minor born in the State, be of good character, have had a period Visa Applications. of one year’s continuous residency in the State 180. Mr. Durkan asked the Minister for Justice, immediately before the date of the application Equality and Law Reform if and when a visa will and, during the eight years immediately preced- issue a person (details supplied) in County ing that period, have had a total residence in the Dublin in respect of their daughter in view of the State amounting to four years, intend in good fact that all requested documentation has already faith to continue to reside in the State after natu- been submitted; and if he will make a statement ralisation and have made, either before a judge on the matter. [4898/06] of the District Court in open court or in such a manner as the Minister, for special reasons Minister for Justice, Equality and Law Reform allows, a declaration in the prescribed manner, of (Mr. McDowell): An application in respect of the fidelity to the nation and loyalty to the State. person named by the Deputy was made in 2003, It should be noted that, in the context of natu- reference number 1258257. This visa application ralisation, certain periods of residence in the was refused on 1 October 2003 and the appli- State are excluded. These include periods of resi- cant’s mother was notified of this decision by let- 993 Questions— 9 February 2006. Written Answers 994 ter the following day. There is no record of any in the overtime bill of some \13.4 million in 2004 recent application in respect of this person. It is compared to 2003. open to the applicant to lodge a new application Attendance over and above the standard work- at this time and it will be examined fully by my ing week is a common requirement in large visa officers. organisations and will continue to be necessary to run the Prison Service in the future. However, the Asylum Applications. Deputy will be aware of my determination to address the high level of overtime working in the 181. Mr. Durkan asked the Minister for Justice, service and in that context a new approach to Equality and Law Reform if the period for appeal extra attendance by prison staff has had to be put against the decision to the Office of the Refugee in place. Applications will be extended in the case of a per- In August last year, prisons staff voted by a son (details supplied) in County Dublin whose substantial majority to accept the revised pro- legal adviser was unable to make appeal sub- posal for organisational change in the Irish Prison mission within the specified period; the reason, in Service. A central element of the new working this case, a transfer order issued requiring them arrangements in the agreement, the third and to go to Belgium from whence they did not final phase of which will be rolled out in all embark; if his attention has been drawn to the prisons and places of detention on 11 February person’s serious health condition and history of 2006, is the introduction of a new additional abuse in the Democratic Republic of Congo; if in hours system. This system, which is based on the the interest of their safety and well being a full concept of annualised hours, will see the elimin- examination of their case will be conducted in this ation of overtime working by prison staff. The jurisdiction; and if he will make a statement on target savings in a full year of the new system is the matter. [4899/06] \25 million. Minister for Justice, Equality and Law Reform A key feature of the system is that staff con- (Mr. McDowell): I refer the Deputy to my reply tract to work a fixed number of additional hours to Question No. 149 on 26 January 2006 in which in the quarter and they are paid for these whether I explained in detail why this person is to be or not they actually have to work the hours. This transferred to Belgium pursuant to the terms of approach encourages smart working thereby the Dublin II Regulation, Council Regulation reducing the need for extra attendance. This gen- (EC) No 343/2003. erates benefits for both staff and management. The person concerned presented to the Garda Management will have staff available when they national immigration bureau on Monday 23 are needed most while staff will have predictable January 2006, as previously requested, and was attendance patterns and earnings. The net effect given a representation date of Monday, 6 of the new system will be to reduce by more than February 2006. She failed to keep this appoint- half the number of hours worked by staff over ment and is now classed as having evaded her and above the normal working week. transfer. Consequently, she is now liable to arrest The agreed arrangements for extra attendance and detention and is currently being sought by are in compliance with the terms of the working the Garda national immigration bureau for time directive and represent a major improve- removal. I urge the person to make herself known ment in that respect from the former overtime to gardaı´ immediately and her transfer will be arrangements which have applied in the Prison dealt with in a sympathetic way with full details Service until now. of her medical needs being made known to the Belgian authorities. Civil Service Travel Scheme. 183. Ms Shortall asked the Minister for Justice, Prison Staff. Equality and Law Reform if a closing date or 182. Mr. Naughten asked the Minister for dates are operated by his Department in respect Justice, Equality and Law Reform the reason of the Civil Service travel pass scheme; if so, the prison officers must complete a number of over- dates in question; the way in which temporary, time hours every quarter; if this complies with the seasonal or other non-routine workers are accom- working time directive; and if he will make a modated in the scheme; and if he will make a statement on the matter. [4914/06] statement on the matter. [4931/06]

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): I have reversed the (Mr. McDowell): My Department’s travel pass unacceptable trend of spiralling overtime costs scheme operates in accordance with the scheme which has been a feature of our prisons oper- centrally approved for the civil service. The ations for many years. As a result of my determi- scheme operates on a calendar year basis from nation to tackle this unsustainable dependence on January to December. Details of the scheme are overtime to run our prisons there was a reduction usually circulated in mid-October with a closing 995 Questions— 9 February 2006. Written Answers 996

[Mr. McDowell.] the Wicklow-Wexford division with a view to date for receipt of applications by early ensuring an effective Garda service is maintained. November. This is to allow sufficient time for the The timescale for achieving the target strength necessary paperwork to be processed within the of 14,000 members of the Garda Sı´ocha´na in line Department and for applications to be forwarded with the commitment in An Agreed Programme to the relevant transport provider by the end of for Government remains as when I announced November. The aim is to ensure that tickets can the Government approval in October 2004 for my be issued prior to the end of year holidays. proposals to achieve this objective. The phased There is also provision for staff to join after increase in the strength of the Garda Sı´ocha´na to 1 January, normally new entrants. In such cases 14,000 will lead to a combined strength, of both applications are facilitated in so far as possible attested gardaı´ and recruits in training, of 14,000 having regard to any terms and conditions that by the end of this year. As part of the accelerated may be applied by the service providers. recruitment campaign to facilitate this process, 1,125 Garda recruits were inducted to the Garda Garda Deployment. College during 2005. The college will induct 1,100 184. Mr. Kehoe asked the Minister for Justice, recruits this year and a further 1,100 in 2007, by Equality and Law Reform if he intends to provide way of intakes to the Garda College of approxi- additional Garda manpower resources to the mately 275 recruits every quarter. This project is Wexford district; and if he will make a statement fully on target and will be achieved. on the matter. [4942/06] Liquor Licensing Law Offences. 185. Mr. Kehoe asked the Minister for Justice, 186. Ms Shortall asked the Minister for Justice, Equality and Law Reform when the appointment Equality and Law Reform the number of pros- of a Garda sergeant to fill the position of that ecutions which have been taken for the sale of rank vacant since July 2005 in Wexford town will alcohol to minors under the Intoxicating Liquor be made; and if he will make a statement on the Acts in each of the years since the coming into matter. [4943/06] force of the Intoxicating Liquor Act 2000; and the breakdown by county, number of prosecutions, Minister for Justice, Equality and Law Reform number of convictions, number of cases pending, (Mr. McDowell): I propose to answer Questions number of cases dismissed or struck out, number Nos. 184 and 185 together. of closure orders and number of closure orders I have been informed by the Garda authorities, under appeal. [4944/06] who are responsible for the detailed allocation of resources, including personnel, that the personnel Minister for Justice, Equality and Law Reform strength of all ranks of the Wexford district as (Mr. McDowell): I regret it has not been possible at 8 February 2006 was 90. I have been further in the time available to obtain the information informed by the Garda authorities that the first requested by the Deputy. I will be in contact with incremental increase of newly attested gardaı´ due the Deputy in relation to this matter when it to the programme of accelerated recruitment into becomes available. the Garda Sı´ocha´na will take place on 16 March 2006. School Refurbishment. The allocation of Garda resources is a matter for the Garda Commissioner. In this regard the 187. Mr. McCormack asked the Minister for Commissioner takes into account a number of Education and Science the position regarding the factors including population, crime trends and the application for extension for a school (details operational policing needs of each division. supplied) in County Galway; if the refurbishment Garda management states that during the allo- programme for this school is in band one; when cation of the newly attested personnel, in March, they will get approval for the proposed recon- the needs of the Wexford district will be fully struction work; and if she will make a statement considered within the overall context of the needs on the matter. [4764/06] of Garda districts throughout the country. It is the responsibility of the divisional officer Minister for Education and Science (Ms for the Wicklow-Wexford division to allocate per- Hanafin): Assessment of the accommodation sonnel within the division. I am advised that needs of this school and others in the general area every effort is made to fill vacancies that arise as is under way in my Department. A decision will a result of retirements and promotions in con- be made shortly on the school’s long-term junction with the allocation of newly attested requirements and these will be catered for. The gardaı´ and newly promoted personnel. Garda project is being considered in the context of the management will continue to appraise the school building and modernisation programme policing and administrative strategy employed in 2006-10. 997 Questions— 9 February 2006. Written Answers 998

Special Educational Needs. the person referred to in the details supplied regarding the catchment area map. 188. Mr. Penrose asked the Minister for Edu- cation and Science if a person (details supplied) 190. Mr. Naughten asked the Minister for Edu- in County Westmeath who is attending speech cation and Science if a meeting will be held with and language therapy at their current school and a group of parents (details supplied) regarding a who has to leave the said school, will be facili- school transport issue in County Roscommon; if tated in one of the schools in or around the vicin- a report has been received from the TLO follow- ity of Mullingar; if same will be examined in order ing a meeting with parents; the recommendations to allow them to enrol in such schools in outlined in the report; and if she will make a September 2006; and if she will make a statement statement on the matter. [4832/06] on the matter. [4809/06] Minister of State at the Department of Edu- Minister for Education and Science (Ms cation and Science (Miss de Valera): The report Hanafin): The pupil in question is currently requested from the relevant transport liaison enrolled in a special class for children with spec- officer, outlining the up to date position on the ific speech and language difficulties in the school transport service concerned, including the out- referred to by the Deputy. My officials have been come of his recent meeting with a group of con- in contact with the National Council for Special cerned parents, was received in my Department Education, NCSE, whose local special edu- yesterday. cational needs organiser has advised that the When this report has been fully considered, my enrolment meeting for this class will not take Department will contact the Deputy directly to place until the end of April or early May. This outline the position and also to confirm whether meeting will determine whether this pupil is eli- it is considered that a further meeting with gible to return to the class next September. If the parents would be useful to clarify matters. pupil is not eligible to do so, the pupil may be accommodated in an alternative special class for children with speech and language difficulties in All-Irish Schools. another school in the Mullingar area. This 191. Mr. O’Shea asked the Minister for Edu- however, would be subject to the pupil meeting cation and Science the number of gaelscoileanna the necessary criteria and also the availability of and gaelcola´istı´ here; and the number of pupils a place in the class. The special educational needs enrolled in each type. [4851/06] organiser has advised that the admission meeting for both classes usually takes place on the same Minister for Education and Science (Ms day. Hanafin): In the 2004-05 school year, there were 129 gaelscoileanna with 23,985 pupils. There were School Transport. also 20 gaelcola´istı´ with 5,009 pupils. Note that these figures refer to all-Irish schools and pupils 189. Mr. Kehoe asked the Minister for Edu- located outside the Gaeltacht areas. cation and Science further to the new information that has come to light surrounding the catchment Special Educational Needs. area map following the freedom of information request by persons (details supplied) in County 192. Mr. O’Shea asked the Minister for Edu- Wexford, if her position on the matter will alt- cation and Science the number of special needs ered; and if she will make a statement on the pupils in gaelscoileanna. [4852/06] matter. [4823/06] Minister for Education and Science (Ms Minister of State at the Department of Edu- Hanafin): My Department does not hold records cation and Science (Miss de Valera): My Depart- of the numbers of pupils with special educational ment is satisfied on the basis of the catchment needs in schools. These records are retained by area map held in the Department, which is the the individual schools. The National Council for definitive map, that the students in question are Special Education, NCSE, is responsible for the not fully eligible for transport to schools in allocation of additional teaching supports and Wexford town. The decision taken on transport special needs assistant supports to children with provision was appealed to the school transport special educational needs, SEN. The NCSE is in appeals board and the board upheld that the process of developing systems which would decision. result in comprehensive data on children with The school transport appeals board is indepen- SEN in our schools being available in the future. dent of my Department and it would not be appropriate for me to intervene in cases which 193. Mr. O’Shea asked the Minister for Edu- have been considered by the board. I understand cation and Science the number of pupils availing that further clarification has been forwarded by of learning support teachers in gaelscoileanna. the school planning section of my Department to [4853/06] 999 Questions— 9 February 2006. Written Answers 1000

Minister for Education and Science (Ms and if she will make a statement on the Hanafin): My Department does not hold records matter. [4856/06] of the numbers of pupils availing of learning sup- port teaching in schools. These records are Minister for Education and Science (Ms retained by the individual schools. All primary Hanafin): As part of the primary school curricu- schools, including gaelscoileanna, have a general lum Irish is a compulsory subject. Exemption allocation of learning support and resource from the study of Irish may, however, be granted teachers, based on the number of pupils enrolled to primary pupils under certain circumstances on a certain date, to enable them to cater for outlined in Department circular 12/96. Under the pupils with learning support needs. It is a matter terms of the circular delegated authority to grant for each school to identify the pupils that require exemptions from Irish, within the conditions laid this support in the context of the criteria outlined down, has been vested in the individual school in Department circulars. authority. There is no provision in the circular for the automatic granting of exemptions to pupils All-Irish Schools. suffering from ADHD. One of the conditions set down in circular 12/96 194. Mr. O’Shea asked the Minister for Edu- is that an application for exemption on the cation and Science the number of principal, assist- grounds of a learning disability must be ant, resource special needs and learning support accompanied by a full psychological assessment teachers in gaelscoileanna. [4854/06] of the pupil carried out by a qualified psychol- ogist not more than two years prior to the date Minister for Education and Science (Ms of application. With regard to the specific case Hanafin): There are currently 124 principal referred to by the Deputy, the psychological teachers, 903 teachers, 30 resource teachers, assessment submitted was outside the stipulated including resource teachers for Travellers, and time period and accordingly was returned to the 161 learning support and resource teachers based school for submission of an up-to-date assess- in gaelscoileanna. In addition, gaelscoileanna ment. To date an updated psychological assess- have the service of two home school community ment has not been received by my Department in liaison teachers and one support teacher. Posts respect of the pupil in question. Should such an allocated to gaelscoileanna due to disadvantaged assessment be submitted, the application for status or under the Giving Children an Even exemption will be processed without delay. Break programme are included in the figure above for teachers. 197. Mr. O’Shea asked the Minister for Edu- The Deputy should note that the figures for cation and Science the number of primary school resource and learning support resource teachers pupils from abroad who had no understanding of refer to posts based in gaelscoileanna and that English when enrolled who are required to study these posts may be shared with other schools. Irish only in accordance with the terms of circular Likewise, the figures do not include teachers 12/96; and if she will make a statement on the based in other schools who also work in gael- matter. [4857/06] scoileanna. Minister for Education and Science (Ms Special Educational Needs. Hanafin): The information requested by the Deputy is not available in my Department. If the 195. Mr. O’Shea asked the Minister for Edu- Deputy has a particular case in mind, my Depart- cation and Science the number of special needs ment will be glad to look into the matter on assistants in gaelscoileanna. [4855/06] receipt of the relevant details. Minister for Education and Science (Ms Special Educational Needs. Hanafin): The number of whole-time equivalent special needs assistants being paid on my Depart- 198. Mr. O’Shea asked the Minister for Edu- ment’s payroll and employed in gaelscoileanna is cation and Science her views on the situation 130.00 at primary level and 11.78 at secondary whereby Irish language learning support teachers level. are not appointed to gaelscoileanna bearing in mind that it can discourage parents from enrol- Irish Language Exemption. ling or retaining pupils in gaelsccoileanna; and if she will make a statement on the matter. 196. Mr. O’Shea asked the Minister for Edu- [4858/06] cation and Science the circumstances in which a child attending a primary school who has been Minister for Education and Science (Ms diagnosed with ADHD and granted an exemp- Hanafin): Under the terms of circular Sp Ed tion from the study of Irish in accordance with 02/05, only fully recognised and probated primary the terms of circular 12/96 by the school can have teachers should be employed for any vacancies that exemption withdrawn by her Department; arising for learning support and resource teach- 1001 Questions— 9 February 2006. Written Answers 1002 ing, LS and RT, posts. The employment of a Government’s support for this hugely important teacher is a matter for the board of management sector is clear from the fact that we have of a particular school. Where a teacher is increased the number of PLC places by 60% since employed to deliver a particular service, it is a 1996-1997. The number of PLC places approved function of the board to ensure that such a service for 2005-2006 is up by more than 1,600 on the is delivered. 2004-2005 level. The number of approved places in the sector now stands at 30,188. Adult Education. Government support for the sector is evident not only in the expansion of approved places and 199. Ms O. Mitchell asked the Minister for teachers, but also in the introduction of mainten- Education and Science if the required changes ance grants for students with effect from will be made to the structures in the further edu- September 1998. Tuition fees for PLC courses are cation and post leaving certificate schools; and if waived. The PLC maintenance grant scheme they will be given the resources necessary to fulfil operates on the same basis as in higher education. their important role in the education system. There figure for PLC grant holders in 2005 is [4859/06] approximately 8,000 and they will receive approximately \23 million in direct support. 200. Ms O. Mitchell asked the Minister for The 2006 Estimates include provision for the Education and Science her views on including the cost of the extra 100 teaching posts being pro- further education and post leaving certificate vided for the post leaving certificate courses in schools in the same administrative and funding the current academic year. They also provide for structures as the secondary schools which does an increase of 19% in the VTOS non-pay grant not serve the real needs of those attending fee in 2006. PLC students are included in the calcu- type courses. [4860/06] lation of non-pay budgets issued to schools in respect of running costs. A supplemental non-pay Minister of State at the Department of Edu- grant towards running costs specifically for PLC cation and Science (Miss de Valera): I propose to schools is also payable. This will amount to \5.5 take Questions Nos. 199 and 200 together. million in 2005. This Government believes strongly in the value Other developments funded by my Depart- of this sector and will continue to prioritise it for ment of direct benefit to the PLC sector include resources and supports in the years ahead. the provision of national certification under the Improving participation and achievement at Further Education and Training Awards Council every level of education is a key priority. We have and the development of progression links with put the resources and supports in place to ensure higher education in the institutes of technology. a wide range of course options is available in the The McIver report contains 21 over-arching further and higher education sectors for young recommendations, incorporating 91 sub-recom- people who wish to continue their studies after mendations. Having regard to the number and second level and for people returning to edu- scope of the recommendations in the report, cation later in life. extensive consultations have been held with man- The principal objectives of the measures and agement and staff interests with regard to such programmes funded by my Department in adult issues as the prioritisation of recommendations, and further education are to meet the needs of the structural changes envisaged in the report, young early school leavers, to provide second their implications and associated costs in the con- chance education for adults and to provide text of the overall provision of resources for vocational education and training for labour further and adult education. Active consideration market entrants and re-entrants. A range of is given to all the issues involved. While this work measures is available to ensure these objectives, is ongoing, extra investment has been provided in including Youthreach, senior Traveller training the 2006 Estimates to develop the further edu- centres, the vocational training opportunities cation sector and to improve supports for other scheme, post leaving certificate courses and part- aspects of further and adult education. time initiatives such as the back to education initiative and the adult literacy and community education schemes. These programmes are Schools Building Projects. funded by my Department and are operated and 201. Ms O. Mitchell asked the Minister for managed primarily by the Vocational Education Education and Science the delays in finalising the Committees throughout the country. purchase of land for a school (details supplied); Further education is expanding. In the literacy and the steps she will take the speed up this pro- sector, adult literacy client numbers have cess. [4861/06] increased from 5,000 in 1997 to approximately 34,000 in 2005. Post leaving certificate, PLC, Minister for Education and Science (Ms courses represent another option which is avail- Hanafin): The property management section of able within the further education suite. The the Office of Public Works which acts on behalf 1003 Questions— 9 February 2006. Written Answers 1004

[Ms Hanafin.] The intention of the scheme is to provide fund- of my Department on site acquisitions generally ing to schools to enable them to undertake was requested to acquire a site on behalf of my wanted building projects. The scheme is not Department. A site has been identified for the intended to leave schools with significant fund- provision of a new school referred to by the raising needs but for the school to tailor the scope Deputy. Contract details are being finalised by of capital works commissioned to the available OPW and it is at late conveyancing. I am pleased funding. The decision on whether to continue to advise the Deputy that the school in question participating in the scheme or to drop out, if the was one of the 62 projects announced by me in scope of build is more than the funding envelope January last. My Department will appoint a permits, is a matter for each school authority. design team to the project as soon as the acquis- An appeal for additional funding form the ition is complete. school in question was considered recently by the appeals’ board and it has been approved for 202. Mr. McHugh asked the Minister for Edu- additional funding. cation and Science if additional funding will be allocated to a school (details supplied) in County Third Level Funding. Galway. [4862/06] 204. Mr. Boyle asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the options that are being pur- Hanafin): As part of the expansion of the sued in relation to the development of a college devolved scheme for primary school building (details supplied) in County Cork; if development works, a grant of \300,000 was sanctioned to of the architecturally important building at enable the management authorities of the school Sharman Crawford Street will be pursued or if it will be relocated to a new greenfield site. in question to provide additional accommodation. [4879/06] The initiative allows boards of management to address their accommodation and building priori- Minister for Education and Science (Ms ties with a guaranteed amount of funding and Hanafin): I recently announced the provision of gives boards of management control of the build- a \900 million multi-annual capital programme ing project. for the period 2006 to 2010 for the third level sec- The intention of the scheme is to provide fund- tor. Funding for the institution referred to by the ing to schools to enable them to undertake Deputy is included in this announcement. wanted building projects. The scheme is not Officials from my Department will be meeting intended to leave schools with significant fund- with the institution concerned shortly to explore raising needs but for the school to tailor the scope the options available to progress this project. of capital works commissioned to the available funding. The decision on whether to continue participating in the scheme or to drop out, if the Schools Refurbishment. scope of build is more than the funding envelope 205. Mr. Bruton asked the Minister for Edu- permits, is a matter for each school authority. cation and Science the value of improvement An appeal for additional funding by the school works to science facilities which have been in question will be considered by the appeals’ approved for assistance under the summer work board and the school will be notified of their scheme 2006 programme and the number of decision in due course. schools assisted; if an order of priority was made; the number of positions beneath the cut off point 203. Mr. McHugh asked the Minister for Edu- for a school (details supplied) in Dublin 3; and cation and Science if additional funding will be the options available to the school which now allocated to a school (details supplied) in County fears it may have to close the laboratories on Galway in order to finalise a partially completed health and safety grounds from 1 September project; and if she will make a statement on the 2006. [4880/06] matter. [4863/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): Included in this years summer works Hanafin): As part of the expansion of the scheme projects is the provision or refurbishment devolved scheme for primary school building of science labs in 24 post primary schools at an works, a grant was sanctioned to enable the man- estimated total cost of \5.7 million. The refur- agement authorities of the school in question to bishment projects applied for under the summer extend and refurbish the school. The initiative works scheme by the school in question were not allows boards of management to address their deemed suitable under this scheme owing to the accommodation and building priorities with a extent of works required. The school planning guaranteed amount of funding and gives boards section of my Department will be writing to the of management control of the building project. school authorities shortly advising them of the 1005 Questions— 9 February 2006. Written Answers 1006 options available for addressing the required school planning section of my Department will works. keep the position under review going forward to ensure that any additional emerging needs are School Accommodation. met as expeditiously as possible. 206. Mr. Durkan asked the Minister for Edu- 207. Mr. Durkan asked the Minister for Edu- cation and Science her most recent plans to meet cation and Science if recent discussions have been targets in respect of the provision of primary and held with the authorities at a school (details post primary educational facilities, including supplied) in County Kildare with a view to school placements at Naas, County Kildare, with expediting the process in regard to the provision particular reference to the need to meet precise of the extra facilities required at the school; the targets as set out by the various school auth- extent to which it has been possible to meet such orities; the progress which has taken place in requirements at an early date; and if she will regard to these matters in recent times; and if she make a statement on the matter. [4882/06] will make a statement on the matter. [4881/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): I visited the school on Friday last and Hanafin): I am aware that Naas, like many areas had a brief discussion regarding the building pro- located within close proximity to Dublin, con- ject with the school. My Department’s officials tinues to experience population growth, a posi- are currently reviewing the stage three docu- tion that almost inevitably places some strain on mentation, detailed plans-costs. This will be com- existing educational provision. I am pleased to pleted shortly and my officials will then be in inform the Deputy that a range of significant further contact with the school authorities with measures has been undertaken by my Depart- regard to the next steps involved in progressing ment to address the current and future need for this project. Progression of projects to construc- pupil places in the area. tion will be considered in the context of the In the Naas locality, at primary level, an entire school building and modernisation programme new school has been provided at Killashee while 2005 to 2009. temporary accommodation has been provided at Scoil Corbain, St. Conleth’s and St. Mary’s 208. Mr. Durkan asked the Minister for Edu- national school and St. Conleth’s Naofa. Tempor- cation and Science the progress which has taken ary accommodation has also been approved at place in the matter of the provision of the Caragh national school, Gaelscoil Na´snaRı´ogh urgently required extra facilities at a school and Scoil Naomh Brighde. (details supplied) in County Kildare; if officials of A brand new state of the art 16 classroom her Department have been or are likely to be in school together with a double autistic unit was contact with the school authorities in regard to also opened last September in Naas town. This the drawing up of plans and priorities; and if she project, in particular, will assist in easing any diffi- will make a statement on the matter. [4883/06] culties for primary pupil places that may exist in Naas. A brand new state of the art 16 classroom Minister for Education and Science (Ms school is planned for Gaelscoil Na´snaRı´ogh. Hanafin): I am pleased to inform the Deputy that This project has been approved to commence the school to which he refers was included in my architectural planning this year. Additionally, recent announcement of 62 large scale building there are proposals to improve accommodation at projects countrywide which have been approved St. David’s national school and Two Mile House to progress under the school building and mod- national school. The long-term accommodation ernisation programme. These will be progressed needs of the national schools at Ballycane, by way of the appointment of a design team Caragh and the Convent of Mercy are also cur- under my Department’s capital programme for rently being assessed. 2006. The building section of my Department will At post primary level, the management auth- be providing information to the schools con- ority of St. Patrick’s post primary school, County cerned shortly on how their projects will be Kildare VEC, is currently progressing plans to re- advanced on foot of this announcement. locate the school and extend capacity to 1,000 pupil places. Additionally, an extension project is Third Level Education. under construction at St. Mary’s College, which will increase capacity at the school to 900 pupils. 209. Mr. Durkan asked the Minister for Edu- A similar extension is under construction at cation and Science if, notwithstanding her reply Mea´nscoil Iogna´id Rı´s and a further extension at to Question No. 1261 of 25 January 2006, the per- the school is currently in architectural planning. son in question is precluded by virtue of regu- All of these initiatives represent huge capital lations for third level education or on the basis investment and demonstrate my commitment to of their non-nationality; and if she will make a meeting the needs of the area concerned. The statement on the matter. [4885/06] 1007 Questions— 9 February 2006. Written Answers 1008

Minister for Education and Science (Ms Special Educational Needs. Hanafin): The actual admission of students to 212. Ms C. Murphy asked the Minister for Edu- higher education institutions is a matter for the cation and Science if her Department obtains individual institutions and the Central Appli- information from the Health Service Executive or cations Office. Under the terms of my Depart- other State Department or body with regard to ment’s free fees initiative students must be first- the numbers of children born or later diagnosed time undergraduates and hold EU nationality or with special needs each year with a view to plan- official refugee status and have been ordinarily ning for the educational needs of those children; resident in an EU member state for at least three and if she will make a statement on the of the five years preceding entry to an approved matter. [4949/06] third level course in order to be eligible for free tuition fees. I emphasise the distinction between Minister for Education and Science (Ms the criteria used to determine eligibility under the Hanafin): The provision of appropriate special free fees initiative and the criteria by which indi- educational services for children with special edu- vidual colleges establish the rate of tuition fee be cational needs is the responsibility of the National charged in cases where a student does not qualify Council for Special Education, NCSE. Under for free fees. The universities are autonomous section 41 of the Education for Persons with bodies and, as such, may determine the level of Special Educational Needs Act 2004, the NCSE fees to be charged in any case where the free fees is obliged to keep and maintain records for the Initiative does not apply. purpose of identifying persons to whom special educational and support services are being pro- vided, identifying schools and other places where Grant Payments. such services are provided to persons with special 210. Ms Lynch asked the Minister for Edu- educational needs and planning the provision of cation and Science the reason grant aid has been special educational and support services. withdrawn from the Feis Maitiu´ , Cork; her views Furthermore, under subsection 2 of this section on whether the fe´is which celebrates its 80th anni- the NCSE is obliged to the greatest extent practi- versary this year has been a huge benefit to gen- cable, to co-ordinate its system of record-keeping erations of Cork children and its ending would be with the systems of record-keeping maintained by very damaging to the artistic and musical life of health boards and any other relevant public the community; and if she will make a statement bodies. on the matter. [4911/06] Departmental Properties. Minister for Education and Science (Ms 213. Mr. Stanton asked the Minister for Hanafin): I am pleased to confirm that I have Defence the interest his Department has in Spike approved funding of \44,500 for Feis Maitiu´ in Island; if his Department holds or leases any part 2006. of Spike Island; and if he will make a statement on the matter. [4829/06] Civil Service Travel Scheme. Minister for Defence (Mr. O’Dea): Spike 211. Ms Shortall asked the Minister for Edu- Island, County Cork, which had been under the cation and Science if a closing date or dates are administration of the Department of Justice, operated by her Department in respect of the Equality and Law Reform since 1985, was for- Civil Service travel pass scheme; if so, the dates mally transferred to that Department in 2002. My in question; the way in which temporary, seasonal Department has no current interest in Spike or other non-routine workers are accommodated Island. in the scheme; and if she will make a statement on the matter. [4932/06] Civil Service Travel Scheme. 214. Ms Shortall asked the Minister for Minister for Education and Science (Ms Defence if a closing date or dates are operated Hanafin): Closing dates are operated by my by his Department in respect of the Civil Service Department in respect of the Civil Service travel travel pass scheme; if so, the dates in question; pass scheme. The dates in question are 30 the way in which temporary, seasonal or other November for travel passes commencing on the non-routine workers are accommodated in the following 1 January, and in respect of passes to scheme; and if he will make a statement on the commence on the first of any month other than matter. [4933/06] January, the 18th of the month immediately prior to the intended commencement date. The scheme Minister for Defence (Mr. O’Dea): The closing operates on the basis of an annual option. Perma- date in respect of the 2006 Civil Service travel nent staff and staff employed under fixed term pass scheme was 23 November 2005. A condition contracts are eligible to apply. of the scheme is that employees must be 1009 Questions— 9 February 2006. Written Answers 1010 employed on a permanent or probationary basis to conclude our nitrates action programme. Many at the date of application. An employee concessions and flexibilities have been won for employed under a fixed term contract is also eli- Irish farmers through this engagement. Following gible to apply. It is a condition of the Revenue agreement of the nitrates action programme with Commissioners that the scheme operates on the the Commission, further negotiations are being basis of an annual option. Accordingly, the pursued — of vital interest in particular to thou- employee will not be able to cancel his or her sands of dairy farmers — in order to achieve a participation in the scheme prior to the expiry of derogation to 250 kg from the 170 kg organic the one-year period. In the event that employees nitrogen limit of the directive. join the Department after the closing date, they Following extensive consultations also with are accommodated in the purchase of a yearly farming and other interests, I made the European ticket. Communities (Good Agricultural Practice for the Protection of Waters) Regulations 2005 on 11 EU Directives. December 2005. Both prior to and since the mak- ing of the regulations, I have met representatives 215. Mr. Ring asked the Minister for the Envir- of the Irish Farmers Association and of other onment, Heritage and Local Government what farming interests. has been signed into law in the regulations that The regulations are designed to strengthen the give legal effect to the nitrates action programme; protection of waters against pollution from agri- the position regarding the deferral of part three; cultural sources, primarily through the manage- his plans to change the directive in view of its ment of livestock manures and other fertilisers. impact on productive farming here; if he has met They implement the nitrates directive and a with the Irish Farmers Association in this regard; number of other EU directives in respect of the if so, the outcome of the meetings; and his plans protection of water quality. In particular, they to go back to Europe to try and get this directive provide for compliance by Ireland with the terms changed. [4769/06] of the judgment of the European Court of Justice delivered in March 2004 which held that Ireland Minister for the Environment, Heritage and was non-compliant with the nitrates directive. Local Government (Mr. Roche): All EU member The regulations generally came into effect on a states are required to adopt nitrates action prog- phased basis from 1 February 2006 and provide rammes, including appropriate mandatory regu- for a range of measures to strengthen the appli- latory provisions, in order to give effect to the cation of good agricultural practice countrywide. nitrates directive. The purpose of these regimes These measures include: the timing and pro- is to protect surface and groundwaters against cedures for the land application of fertilisers; pollution from agriculture by prescribing appro- requirements on the capacity of storage vessels priate standards of environmental management for livestock manure; general provisions on stor- for farming. Other EU measures in support of age management; and the monitoring of the effec- farming, notably the new arrangements for the tiveness of such measures. single farm payment, have been linked to the Part 3 of the regulations deals with nutrient implementation of nitrates action programmes. management planning and is based on long- In most EU member states, agriculture standing Teagasc advice. Teagasc has recently accounts for the bulk of nitrate and phosphorus indicated that it may be possible to review part nutrient losses to the environment. In Ireland, of this advice on the application of phosphorus in some 72% of all phosphorus and 83% of all a way which could improve the effectiveness of nitrate inputs to waters are attributable to agri- the regulations. The Government and the Euro- culture. Satisfactory control and reduction of pean Commission saw merit in allowing Teagasc these agricultural inputs is essential to redress to elaborate this new advice and accordingly, I known environmental problems affecting Ireland have announced a brief de facto deferral of the in respect of surface and groundwater quality. implementation of Part 3 of the regulations. It is not open to Ireland, nor would it be in the Teagasc have been requested to provide, as a interests of farmers generally, to seek to change matter of urgency, the necessary scientific case to the nitrates directive. In 2004, the European support any revision of the phosphorus tables in Court of Justice held Ireland to be in breach of the regulations. My Department and the Depart- the nitrates directive by failing to implement a ment of Agriculture and Food will carefully con- nitrates action programme. Arising from this sider any submission received from Teagasc while situation, and to secure the best possible arrange- also bearing in mind that any proposals for ments for farmers, including protection of EU revision of the phosphorus tables will have to farm payments and a derogation on the respect the environmental requirements associ- directive’s nitrogen limit, as well as compliance ated with the nitrates directive and will have to with the directive and avoidance of the impos- meet with the agreement of the European Com- ition of daily fines, the Government has nego- mission. The Government’s approach at all stages tiated intensively with the European Commission has been to identify efficient and least-cost sol- 1011 Questions— 9 February 2006. Written Answers 1012

[Mr. Roche.] authority concerned to determine the nature and utions to implementing the environmental extent of any such scheme in the case of services requirements of the nitrates directive. Advice and provided by itself. Generally speaking, waiver assistance is being made available to all farmers schemes do not operate in respect of privately to facilitate them in adapting to the new regime; supplied collection services. this includes a proposed new system of grants and Waste management services have traditionally new tax reliefs now being introduced. been provided at a local level, with individual Higher environmental standards have been arrangements being locally determined and tail- promoted at EU and member state levels across ored to local circumstances. The present legal a range of economic sectors: business, industry, framework as determined by the Oireachtas energy as well as agriculture. While these require reflects this. I do not consider it appropriate to adaptation by the sectors concerned, they are propose a departure from these existing statutory designed to support and not diminish longer term provisions, which reflect the local nature of waste competitiveness. I am confident that the tran- management services, by introducing a general sition to the new nitrates regime, which is neces- waiver scheme for all local authorities. sary, will be achieved on a basis fully compatible However, in order to assist households with with viable and progressive farming into the lower incomes, I have asked local authorities to future. engage with commercial waste collectors with a view to agreeing on a scheduling of payments, Fire Stations. that is, a pay-as-you-go system, rather than a per- iodic lump sum payment. I am also giving con- 216. Mr. Ring asked the Minister for the Envir- sideration to the overall regulation of the waste onment, Heritage and Local Government, further management sector including whether, and to to Question No. 557 of 31 January 2006, if the what extent, there might be a need to identify tender process has been completed in relation to public service obligations appropriate to service a project (details supplied) in County Mayo; the providers. people who have been approved; and when the building will commence. [4770/06] Noise Pollution. Minister of State at the Department of the 218. Mr. Eamon Ryan asked the Minister for Environment, Heritage and Local Government the Environment, Heritage and Local Govern- (Mr. B. O’Keeffe): My Department has recently ment the legislation which is in place to facilitate sanctioned a proposal from Mayo County the investigation by local authorities into com- Council to accept a tender for the construction of plaints regarding noise pollution emanating from a combined fire station and coast guard centre at private residences. [4783/06] Achill Sound, County Mayo. I understand that a formal contract has not yet been entered into Minister for the Environment, Heritage and between Mayo County Council and the preferred Local Government (Mr. Roche): Section 107 of bidder and it would not therefore be appropriate the Environmental Protection Agency Act 1992 to identify the prospective contractor at this provides local authorities with powers to require stage. The commencement date for the project measures to be taken to prevent or limit noise. will be a matter for agreement between the con- Furthermore, under the Environmental Protec- tracting parties. tion Agency Act 1992 (Noise) Regulations 1994, a local authority or any person may seek an order in the District Court to have noise giving reason- Waste Management. able cause for annoyance abated. The procedures 217. Mr. O’Shea asked the Minister for the involved have been simplified to allow action to Environment, Heritage and Local Government be taken without legal representation. his proposals to have a standardised waiver Noise nuisance and other problems caused by system in regard to refuse charges for all local local authority tenants are also covered under authorities here; and if he will make a statement legislation. The tenancy agreement, which is the on the matter. [4782/06] legal basis of the relationship between the local authority and its tenants, will generally contain Minister for the Environment, Heritage and provisions in relation to the type of behaviour Local Government (Mr. Roche): The determi- that is acceptable, and that which is not. The local nation of waste management charges is statutorily authority is empowered under section 62 of the Housing Act 1966 to initiate proceedings to a matter for the relevant local authority, where secure an eviction where a tenant has breached it acts as the service provider. Similarly, where a the conditions of the tenancy agreement. private operator provides the collection service, it is a matter for that operator to determine charges. Local Authority Funding. With regard to any waiver arrangements in 219. Mr. Hogan asked the Minister for the respect of these charges, it is a matter for the local Environment, Heritage and Local Government 1013 Questions— 9 February 2006. Written Answers 1014 the amount levied in development charges in the made by Health and Safety Authority inspectors. various local authorities in 2005; and if he will The Health and Safety Act 1989, and the related make a statement on the matter. [4784/06] regulations on quarry operations, are designed to protect those working in quarries, those visiting Minister for the Environment, Heritage and quarries, and members of the public in the Local Government (Mr. Roche): My Department immediate vicinity of quarries, who could be will shortly compile planning statistics from local endangered by the operation of quarries. authorities for the year 2005, including income generated from development contributions. As Motor Taxation. soon as they are available, the 2005 statistics will be published and a copy will be sent to the 222. Mr. McEntee asked the Minister for the Oireachtas Library. Environment, Heritage and Local Government the number of vehicles registered for motor tax Local Authority Housing. in 2000, 2004 and 2005. [4828/06] 220. Ms Lynch asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): The total the progress of his Department’s discussions with number of vehicles registered for motor tax, that the financial institutions regarding the remortgag- is, currently taxed at 31 December in the years in ing of houses purchased under the affordable question were 1,682,221 in 2000; 2,036,307 in 2004 housing scheme; when he expects to have in place and 2,138,680 in 2005. a standardised arrangement with the financial institution in relation to the clawback provision Road Safety. of the scheme; and if he will make a statement on the matter. [4791/06] 223. Mr. Naughten asked the Minister for the Environment, Heritage and Local Government Minister of State at the Department of the the status of a pilot programme to provide Environment, Heritage and Local Government additional funding to local authorities to improve (Mr. N. Ahern): Standardised arrangements are road markings on regional roads; the allocation currently in place with two of the main financial made to each local authority under this scheme; institutions who have introduced schemes of and if he will make a statement on the matter. mortgage financing for persons wishing to access [4833/06] affordable housing. These arrangements relate only to the first time purchase of affordable Minister for the Environment, Heritage and properties. Local Government (Mr. Roche): Specific grants The question of facilitating arrangements for are not provided to local authorities for road mar- persons in affordable housing also wishing to kings on regional roads. However, my Depart- remortgage with private lenders has been the sub- ment introduced a five-year regional road sign- ject of discussions between my Department and posting programme in 2003 with the aim of a number of the financial institutions. While these providing directional signposts on all significant have not yet concluded, my Department will con- junctions on all regional roads in county council tinue to engage with the financial institutions with areas. a view to advancing progress on the matter. In 2006, a sum of \6.64 million has been allo- cated to county councils under the regional road Planning Issues. signposting programme. Details of allocations to individual county councils under the programme 221. Mr. Ring asked the Minister for the Envir- in 2006 are set out in the following table. onment, Heritage and Local Government the Local authorities may also use discretionary guidelines pertaining to quarries carrying out improvement and block grants provided by my blastings; and if he will provide a copy of the Department towards the cost of providing road guidelines and regulations regarding this issue. markings as well as or instead of signposting on [4798/06] non-national roads. In 2006, the discretionary improvement grant allocation to county councils Minister for the Environment, Heritage and is \24,270,000 and the block grant allocation to Local Government (Mr. Roche): My Depart- city, borough and town councils is \15,510,000. ment’s guidelines for planning authorities on quarries and ancillary activities, published in Table 1: Regional roads signposting programme April 2004, are available on our website at www.environ.ie. I should point out, however, that County Council 2006 Allocation the guidelines are not intended to deal with health and safety issues associated with blasting, \ such as flyrock, as these are the responsibility of Carlow 50,000 the Health and Safety Authority. The guidelines state, however, that it is vital that quarry owners Cavan 50,000 and operators comply with health and safety Clare 700,000 codes and with any recommendations for safety Cork 800,000 1015 Questions— 9 February 2006. Written Answers 1016

[Mr. Roche.] council will be in a position to invite tenders for County Council 2006 Allocation the construction of the scheme.

\ Homeless Persons. Donegal 800,000 225. Mr. O’Shea asked the Minister for the Du´ n Laoghaire Rathdown 50,000 Environment, Heritage and Local Government Fingal 50,000 the proposals he has in regard to the demands of Galway 670,000 the Focus Ireland right to a home campaign Kildare 50,000 (details supplied); and if he will make a statement Kilkenny 50,000 on the matter. [4837/06] Laois 50,000 Minister of State at the Department of the Leitrim 400,000 Environment, Heritage and Local Government Limerick 400,000 (Mr. N. Ahern): Government policy on housing Longford 50,000 has the overarching aim of enabling every house- Louth 50,000 hold to have available an affordable dwelling of good quality, suited to its needs, in a good envir- Mayo 400,000 onment and, as far as possible, at the tenure of Meath 50,000 its choice. The Government’s approach to achiev- Monaghan 50,000 ing this policy aim is that those who can afford to North Tipperary 50,000 do so should provide for their own housing, with Offaly 50,000 the aid where available of certain fiscal incentives or subsidies, and that those unable to access hous- Roscommon 50,000 ing in this way should have access to social hous- South Dublin 50,000 ing or income support to rent private housing. South Tipperary 50,000 Existing legislation and funding programmes sup- Waterford 600,000 port this strategy. It is not considered appropriate Westmeath 50,000 to legislate for a specific right to housing. This could in practice distort the operation of current Wexford 620,000 housing programmes and priorities. These have Wicklow 400,000 been resourced in accordance with democratic decisions of the Da´il, the Government and the Total 6,640,000 local authorities, and have been effective in delivering increased outputs. Water and Sewerage Schemes. The Government is bringing about positive changes in the provision of social and affordable 224. Ms Cooper-Flynn asked the Minister for housing. My Department’s Housing Policy the Environment, Heritage and Local Govern- Framework — Building Sustainable Communi- ment if he will report on the status of the pro- ties, launched in December 2005, outlines a sub- posed Tuam regional water supply stage two stantial investment programme in social and extension to Shrule, County Mayo; if tender affordable housing over the next three years documents have been approved; and when the together with a package of reforms to improve scheme will commence. [4836/06] equity, efficiency and effectiveness. Our objective is to deliver high quality housing for those who Minister for the Environment, Heritage and cannot afford to meet their own housing needs. Local Government (Mr. Roche): The extension Specifically, in regard to homelessness, sub- of the Tuam regional water supply scheme to stantial additional funding has been made avail- Shrule is included in my Department’s Water able to support the implementation of the home- Services Investment Programme 2005-2007 to less strategies. Funding continues to be made start construction this year. I have approved available to the voluntary housing sector for the Galway County Council’s recommended tender provision of accommodation for homeless per- for the mechanical and electrical element of the sons under the Department’s capital assistance scheme and it is a matter for the council to scheme. arrange for the carrying out of these works. The Local authorities and the Health Services council’s tender recommendation for the civil Executive are responsible for meeting the accom- works is being examined in my Department and modation and health care needs of homeless per- is being dealt with as quickly as possible. The Kil- sons. The Government’s integrated and prevent- maine and Shrule water supply scheme, which ative strategies on homelessness provide the areas the extended Tuam scheme will also serve, framework within which the agencies fulfil these is also approved in the water services investment responsibilities. Under the terms of the integrated programme to start construction this year. I strategy homeless fora, representative of the understand that Mayo County Council is revising statutory and voluntary homeless sectors, were earlier contract documents. Following submission established at local authority level and homeless and approval of the contract documents, the 1017 Questions— 9 February 2006. Written Answers 1018 action plans, adopted under their aegis, are being Local Authority Housing. implemented. These developments have resulted 226. Mr. Naughten asked the Minister for the in the provision of a wide range of additional Environment, Heritage and Local Government accommodation and services for homeless per- the steps he intends to take to facilitate local sons. Rough sleepers have been enabled to access authority tenants who are over 55 years, unable emergency accommodation and homeless persons to avail of life assurance and wish to purchase have been facilitated to move out of emergency their home; and if he will make a statement on accommodation into accommodation more suit- the matter. [4867/06] able to their needs. Increased numbers of day care facilities, together with specific provisions to Minister of State at the Department of the meet the needs of people with addiction problems Environment, Heritage and Local Government or who are sleeping rough, as well as homeless (Mr. N. Ahern): While local authorities must ex-offenders, have been put in place. While the operate prudentially in regard to approving hous- emphasis was initially on the provision of emer- ing loans, they are not necessarily prevented from gency accommodation options, there is general making a loan to a borrower who cannot obtain agreement that there is sufficient emergency mortgage protection insurance because he or she accommodation available for those who wish to by reason of health or age would not be accept- avail of it and the emphasis must now move to able to an insurer. Accordingly, the limitation of long term solutions. cover in the standard local authority mortgage A range of social and private rented long-term protection scheme to persons aged at least 18 but accommodation is already available; the amount less than 55 does not necessarily preclude the of such accommodation now needs to be further approval of loans to persons of 55 years or older. increased. Steps have been taken to encourage The requirements of private lending institutions local authorities to focus their future activity in in relation to life assurance are a matter for these institutions themselves and my Department has this area and a number of recent developments no role in this regard. will facilitate their efforts to make progress. The development of the local authority housing action plans 2004-2008, the introduction of the rental Turbary Rights. accommodation scheme and the information 227. Mr. Naughten asked the Minister for the gained from the assessment of housing need Environment, Heritage and Local Government carried out in March 2005 will enable local auth- when a person (details supplied) in County orities to include the specific housing needs of Roscommon will be awarded compensation for homeless persons in their overall housing prog- the purchase of bog; the reason for the delay; and rammes and enhance the availability of housing if he will make a statement on the matter. options for those homeless persons capable of [4868/06] independent living. A tenancy sustainment scheme is being piloted by the homeless agency Minister for the Environment, Heritage and with funding from my Department will facilitate Local Government (Mr. Roche): An offer to pur- previously homeless tenants to maintain their chase will issue from my Department in this tenancies whether in public or private sector case shortly. accommodation. The continued provision of adequate funding 228. Mr. Naughten asked the Minister for the is of major importance. While the provision of Environment, Heritage and Local Government accommodation and related services for homeless when a person (details supplied) in County persons is the responsibility of local authorities Roscommon will be awarded compensation for the purchase of bog; the reason for the delay; and my Department recoups to them 90% of their if he will make a statement on the matter. expenditure in this area. In 2005, a total of \44 [4869/06] million was recouped to local authorities. This brings to \230 million the total funding made Minister for the Environment, Heritage and available for this purpose since 2000. The Depart- Local Government (Mr. Roche): In July 2004 my ment of Health and Children has provided fund- \ Department concluded an agreement with the ing of more than 100 million in the same period farming pillar under Sustaining Progress, which to meet the care needs of homeless persons. The involved increased rates of compensation for the outcome of the independent review of the home- cessation of turf cutting in bogs that have been less strategies is available. The main recom- proposed as designated conservation areas. This mendations are that the integrated and prevent- agreement incorporated retrospective provisions ative strategies should be amalgamated and benefiting landowners who participated in the revised. This work is commencing under the aegis original 1999 scheme for disposal of raised bogs of the Department’s team on homelessness. The and turbary rights to my Department. The person points raised by Focus Ireland and other stake- named is one of those who participated in the holders will be considered in this context. original scheme. My Department has requested a 1019 Questions— 9 February 2006. Written Answers 1020

[Mr. Roche.] Natural Heritage Areas. tax clearance certificate in this case and payment 231. Mr. S. Ryan asked the Minister for the will issue following receipt of this. Environment, Heritage and Local Government if the Sluice River Marsh, Portmarnock, County Water and Sewerage Schemes. Dublin will be designated a natural heritage area 229. Mr. Naughten asked the Minister for the or as a nature conservation area and same has the Environment, Heritage and Local Government if support and recommendation of Du´ chas-National he has appointed the consultants appointed to Parks and Wildlife Service. [4916/06] draft a preliminary report on the development of a sewerage scheme for the village of Creggs, Minister for the Environment, Heritage and County Galway; and if he will make a statement Local Government (Mr. Roche): Sluice River on the matter. [4876/06] Marsh, Portmarnock, County Dublin was one of numerous sites publicly advertised from 1994 Minister for the Environment, Heritage and onwards on a non-statutory basis as proposed Local Government (Mr. Roche): Creggs sewer- natural heritage areas NHAs. The Wildlife age scheme was fourth on the list of sewerage (Amendment) Act 2000 provides for the statu- schemes submitted by Galway County Council in tory designation of NHAs. To date, I have desig- response to my Department’s request to local nated 148 raised bog and blanket bog sites as authorities in 2003 to produce updated assess- NHAs and I expect to advertise proposals for ments of the needs for capital works in their areas further NHAs, selected on the basis of objective and to prioritise their proposals on the basis of scientific criteria, within the next 12 months. Slu- the assessments. The assessments were taken into ice River Marsh is under consideration in this account in the framing of the Water Services context. Investment Programme 2005-2007 published in December 2005. Given the level of competing Civil Service Travel Scheme. demand for the available funding, it was not pos- sible to include the scheme in the current prog- 232. Ms Shortall asked the Minister for the ramme. I envisage that local authorities will be Environment, Heritage and Local Government if afforded an opportunity in 2006 to undertake a closing date or dates are operated by his fresh assessments of their needs and priorities Department in respect of the Civil Service travel which will be then taken into account in future pass scheme; if so, the dates in question; the way phases of the programme. in which temporary, seasonal or other non-rou- tine workers are accommodated in the scheme; Local Authority Housing. and if he will make a statement on the matter. [4934/06] 230. Mr. Durkan asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and the way in which it is expected that local auth- Local Government (Mr. Roche): My Department ority tenants who have been awarded social or applies a closing date in mid-November each year affordable housing can be expected to meet to ensure tickets are available from the various estate management costs of a punitive nature in travel companies for the commencement of the view of the fact that their income may derive scheme in January. The scheme generally solely from social welfare; and if he will make a operates on an annual basis and, accordingly, it statement on the matter. [4886/06] would not be appropriate to staff employed for less than a year in a temporary or seasonal man- Minister of State at the Department of the ner. Some 250 staff are benefiting from the Environment, Heritage and Local Government scheme. (Mr. N. Ahern): In regard to tenants of social housing, I refer to the reply to Question No. 682 Road Programme. of 15 November 2005. My Department’s standing advice to local authorities is that applicants for 233. Mr. Kehoe asked the Minister for the affordable housing, including local authority ten- Environment, Heritage and Local Government ants who avail of the affordable housing schemes, the list of moneys allocated to each town council should be provided with full details on manage- and each county council for 2006 roads prog- ment charges together with mortgage and other ramme; and if he will make a statement on the costs associated with home ownership when pur- matter. [4946/06] suing their application. A Law Reform Com- mission working group is examining a range of Minister for the Environment, Heritage and legal issues relating to management of multi-unit Local Government (Mr. Roche): Details of the structures generally. The Government will con- 2006 non-national road grant allocations by my sider the recommendations in the final report, Department to each local authority are set out in including the need for new legislation in this area. the following table: 1021 Questions— 9 February 2006. Written Answers 1022

2006 Total Allocation 2006 Total Allocation \ \ Bundoran Town 197,000 County Councils Carlow Town 587,000 Carlow 6,962,000 Carrickmacross Town 197,000 Cavan 15,635,000 Carrick-On-Suir Town 279,000 Clare 18,942,000 Cashel Town 197,000 Cork 50,501,500 Castlebar Town 379,000 Donegal 35,399,000 Castleblaney Town 197,000 Du´ n Laoghaire / Rathdown 9,205,000 Cavan Town 279,000 Fingal 7,225,389 Ceannanus Mor Town 279,000 Galway 28,788,604 Clonakilty Town 197,000 Kerry 20,595,500 Clones Town 197,000 Kildare 26,839,606 Cobh Town 279,000 Kilkenny 12,920,500 Dundalk Town 606,000 Laois 9,919,000 Dungarvan Town 279,000 Leitrim 11,180,000 Ennis Town 587,000 Limerick 16,859,000 Enniscorthy Town 279,000 Longford 7,748,600 Fermoy Town 279,000 Louth 7,440,500 Killarney Town 279,000 Mayo 24,417,500 Kilrush Town 197,000 Meath 29,764,921 Kinsale Town 197,000 Monaghan 14,300,000 Letterkenny Town 563,000 North Tipperary 11,175,000 Listowel Town 197,000 Offaly 13,952,000 Longford Town 279,000 Roscommon 15,254,000 Macroom Town 197,000 Sligo 12,444,000 Mallow Town 279,000 South Dublin 10,290,069 Midleton Town 279,000 South Tipperary 12,879,500 Monaghan Town 279,000 Waterford 12,343,000 Naas Town 587,000 Westmeath 10,154,000 Navan Town 587,000 Wexford 16,074,000 Nenagh Town 279,000 Wicklow 17,803,000 New Ross Town 279,000 Skibbereen Town 197,000 City/Borough Councils Templemore Town 197,000 Cork City 7,360,000 Thurles Town 279,000 Dublin City 14,523,816 Tipperary Town 279,000 Galway City 2,203,000 Tralee Town 587,000 Limerick City 4,220,122 Trim Town 279,000 Waterford City 3,773,142 Tullamore Town 279,000 Clonmel Borough 583,000 Westport Town 279,000 Drogheda Borough 647,000 Wicklow Town 279,000 Kilkenny Borough 607,000 Youghal Town 279,000 Sligo Borough 1,277,000 Wexford Borough 583,000

Town Councils 234. Mr. Kehoe asked the Minister for the Arklow Town 279,000 Environment, Heritage and Local Government Athlone Town 563,000 the criteria used in the allocation of moneys to the town and county councils for 2006 roads prog- Athy Town 279,000 ramme; and if he will make a statement on the Ballina Town 279,000 matter. [4947/06] Ballinasloe Town 279,000 Birr Town 279,000 Minister for the Environment, Heritage and Bray Town 606,000 Local Government (Mr. Roche): In determining the annual non-national road grant allocations, Buncrana Town 279,000 the overall objective is to resource each local 1023 Questions— 9 February 2006. Written Answers 1024

[Mr. Roche.] Department, taking account of previous allo- authority appropriately in regard to their ongoing cations and the results of the recent pavement and special needs. The process is guided by a condition study and review of pavement manage- range of criteria, including road pavement con- ment systems; block grants and special block ditions, traffic volumes, length of road network, grants for carriageway repairs to city, borough population and eligibility in relation to specific and town councils, which are based on the popu- projects such as EU co-financed specific improve- lation of each urban area and its environs; and ments schemes. other grant categories which are project specific Non-national road grants are allocated under a such as the EU co-financed specific improve- number of grant categories, including discretion- ments grant scheme and the strategic non- ary maintenance, discretionary improvement and national roads grants scheme, under which pro- restoration maintenance grants to county jects are submitted by local authorities for con- councils, which are determined predominantly on sideration and allocations are determined follow- a pro rata non-national road length basis; resto- ing an assessment of their individual merits, ration improvement grants to county councils, compliance with eligibility criteria, the needs of which are based on multi-annual restoration all areas and the total funds available. programmes submitted by local authorities to my