Vol. 654 Thursday, No. 3 15 May 2008
DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES
DA´ IL E´ IREANN
TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)
Thursday, 15 May 2008.
Request to Move Adjournment of Da´il under Standing Order 32 ……………… 501 Order of Business ……………………………… 501 Burma Tragedy: Motion …………………………… 515 Democratic Process in Zimbabwe: Motion ……………………… 525 Ceisteanna — Questions Minister for Community, Rural and Gaeltacht Affairs Priority Questions …………………………… 559 Other Questions …………………………… 566 Private Notice Questions Re-examination of X-rays and CAT scans …………………… 570 Adjournment Debate Matters …………………………… 577 Adjournment Debate Job Losses ………………………………… 577 Schools Building Projects …………………………… 579 Social and Affordable Housing ………………………… 582 Questions: Written Answers …………………………… 585 DA´ IL E´ IREANN
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De´ardaoin, 15 Bealtaine 2008. Thursday, 15 May 2008.
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Chuaigh an Leas-Cheann Comhairle i gceannas ar 10.30 a.m.
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Paidir.
Prayer.
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Request to move Adjournment of Da´il under Standing Order 32. Deputy Fergus O’Dowd: I seek the adjournment of the Da´il under Standing Order 32 to raise a matter of urgent national importance, namely, the scandal that more than 5,000 patients in the north east will have their X-rays and CT scans reviewed as a result of concerns about the work of a radiologist employed by the Health Service Executive and that the extent of this review was denied last February by the HSE thus raising serious doubts about the credibility and integrity of the HSE.
An Leas-Cheann Comhairle: Having considered the matter raised, it is not in order under Standing Order 32.
Order of Business. The Ta´naiste: It is proposed to take No. 7b — all-party motion re Burma tragedy and No. 7c — all-party motion re democratic process in Zimbabwe. It is proposed, notwithstanding anything in Standing Orders, that: (1) the proceedings on No. 7b shall, if not previously con- cluded, be brought to a conclusion after 50 minutes and the following arrangements shall apply: the speeches shall be confined to a Minister or Minister of State and to the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, who may share time and who shall not exceed 15 minutes in each case; a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes; and (2) the following arrangements shall apply in relation to No. 7c: the speeches of a Minister or Minister of State and of the main spokespersons for the Fine Gael Party and the Labour Party, who shall be called upon in that order, shall not exceed 15 minutes in each case; the speeches of each other Member called upon shall not exceed ten minutes in each case; Members may share time; and a Minister or Minister of State shall be called upon to make a speech in reply which shall not exceed five minutes.
An Leas-Cheann Comhairle: Is the proposal for dealing with No. 7b, motion re Burma tragedy, agreed? Agreed. Is the proposal for dealing with No. 7c, motion re — democratic process in Zimbabwe agreed? Agreed.
Deputy Richard Bruton: The Government finally recognises that the HSE is suffering because of the failure to restructure the administrative structure before it was established. We now know that a move to try to restructure it was rejected because of the Government’s fear 501 Order of 15 May 2008. Business
[Deputy Richard Bruton.] that another one of its pet projects, namely, decentralisation, might have been affected. Will a Supplementary Estimate or legislation be introduced so that the Da´il can have a proper debate on this issue? I put the Ta´naiste on notice that Fine Gael is very concerned about a proposal to debate Thornton Hall next week. I understand the Da´il will have a quasi-judicial role in looking at an environmental impact statement and the report of a rapporteur and in making a decision. The Government proposes to have a three-hour debate in the House with a vote at the end of it. A deliberative process of that nature should be conducted by the proper committee which would review the evidence and take a decision on an informed basis. I express our concern about the procedure being——
An Leas-Cheann Comhairle: We cannot deal with that now.
Deputy Richard Bruton: Will the Ta´naiste indicate whether there is a proposal in the prog- ramme for Government to address Ireland’s declining competitiveness? Today we read in the newspapers that gas prices are to go up. They are already out of line with those in other countries. A very diligent shopper in my area priced nine common grocery items.
An Leas-Cheann Comhairle: I have given the Deputy latitude.
Deputy Richard Bruton: The difference between the price in a major supermarket in Dublin and in the UK was not 5%, 10% or 20% but 37%. There is an onus on the Minister responsible for consumer affairs and competitiveness to indicate what legislative proposals the Government has to tackle some of these issues, which are affecting households and businesses alike.
An Leas-Cheann Comhairle: Is legislation proposed in the latter area?
The Ta´naiste: There is no legislation promised in that area. On the Thornton Hall issue, there will be no limit on the discussion. Opposition spokespersons are being briefed to allow them to have a full and frank debate.
Deputy Richard Bruton: Will the issue be referred to committee?
The Ta´naiste: The discussion will be held in the House.
Deputy Richard Bruton: Reviewing evidence, an environmental impact statement and a rap- porteur’s report is the work of a committee attended by all those who will listen to the evidence and then make an informed decision.
An Leas-Cheann Comhairle: This is not the best forum to discuss the mechanics of it. The issue is not before the House at present. It might be appropriate for the detail to be worked out by the Whips before a proposal comes before the House.
The Ta´naiste: That will happen. We would all agree, regardless of our portfolios, that the issue of competitiveness is hugely important. That is why it is being stridently dealt with by me, my colleagues in the Department and a number of other cross-cutting Departments. I am sure competitiveness will be one of the key issues in the pay talks.
Deputy Richard Bruton: I asked if there were any legislative proposals.
The Ta´naiste: There are no legislative proposals to deal with this issue. However, deregu- lation and less legislation is perhaps more appropriate when it comes to being competitiveness. 502 Order of 15 May 2008. Business
Deputy Eamon Gilmore: I refer to the matter raised by Deputy Bruton, namely, the pro- posals by the Health Service Executive on reorganisation and reform. Will the Ta´naiste confirm that the Government has received proposals from the HSE, as reported in today’s edition of The Irish Times? Will she indicate when the Government will address those proposals or when it is likely to make decisions arising from them? Last week I asked the Ta´naiste about arrangements for a debate on the report from the Morris tribunal which we received on the day the Taoiseach was elected and the Cabinet announced. She said two other reports were imminent from the Morris tribunal and that per- haps it might be wise for us to await those reports and then debate the lot. I believe she said they would be available in a couple of weeks, and that seems perfectly reasonable, but I am conscious there are only six sitting weeks left until the summer recess. I would like some certainty as to when the other two reports of the Morris tribunal will be received. Can the Ta´naiste assure the House they will be received in time for us to have a debate on the Morris tribunal this side of the summer recess? I do not want us to wait for the reports and find that, when they appear, somebody has to be consulted about what is in them, meaning they cannot be published and a debate must be postponed until after the summer. The report of the Morris tribunal that we have received is serious and requires to be debated in the House, and I am anxious that the debate should take place this side of the summer recess. If we do not receive the next two reports, we should have a debate on the report that has been published. My third item relates to the confusion which is overwhelming the arts world as to who is the Minister with responsibility for the arts. The Taoiseach, when he announced the Ministers of State last week, said Deputy Mansergh was being appointed as Minister of State with responsi- bility for the Office of Public Works and would also have responsibility for the arts. I see from newspaper reports that the Minister for Arts, Sport and Tourism sees the role of the Minister of State, Deputy Mansergh, as a bag carrier for him.
Deputy Willie Penrose: He carries the easel, the paint and the brushes.
(Interruptions).
Deputy Eamon Gilmore: Will the Ta´naiste say something to help us bring down the curtain on the comedy of errors and tell us when the Minister will publish the delegation order to give the Minister of State, Deputy Mansergh, a real job?
Deputy Martin Cullen: I did not know Deputy Gilmore had any interest in the arts.
Deputy Emmet Stagg: I did not know the Minister had any interest in the arts.
The Ta´naiste: I often wonder whether what happens in this House is opera.
A Deputy: There are a few comedians.
The Ta´naiste: There are certainly a few comedians.
Deputy Michael Ring: They are all on the other side of the House.
The Ta´naiste: The Deputy is not bad in that regard.
(Interruptions).
An Leas-Cheann Comhairle: I ask the House to come to order. 503 Order of 15 May 2008. Business
The Ta´naiste: The Minister for Arts, Sport and Tourism is Deputy Cullen and he will be assisted admirably by the Minister of State, who has been assigned to the Department of Finance and the Department of Arts, Sport and Tourism. Given the new era of teamwork, it is appropriate to tell the House that that is what we have — a very good team, and we will share responsibility.
Deputy Brian Hayes: They have been doing that for the past 11 years.
A Deputy: Bring back Bertie, all is forgiven.
Deputy Martin Cullen: There is no doubt who will be blamed when things go wrong. That is par for the course.
An Leas-Cheann Comhairle: Will the Minister allow the Ta´naiste to answer the questions?
(Interruptions).
Deputy Eamon Gilmore: Will there be a delegation order?
The Ta´naiste: There will be.
An Leas-Cheann Comhairle: If the Ta´naiste answered the question and directed her remarks through the Chair, we might get on with our business.
The Ta´naiste: On the Morris tribunal, I still agree that there should be an overall discussion. It is anticipated that the next two reports will be available in mid-June. However, if there is an unanticipated delay, I am sure the matter can be reconsidered by the Whips. On the HSE proposals for voluntary early retirement, I confirm to the House that the HSE is submitting an outline proposal for voluntary early retirement to the Department of Health and Children. This has not yet been considered by the Government.
Deputy Eamon Gilmore: In view of what the Ta´naiste said, that the next two reports of the Morris tribunal were unlikely to be received until mid-June, I ask that the Government sched- ule a debate on the first report. We know from experience that in the last two weeks in June, coming up to the summer recess, there will be all kinds of guillotines, emergency measures, Estimates and so on, and the matter will disappear.
The Ta´naiste: I will not curtail the workings of the House. Perhaps we can evaluate the schedule in the middle of June and if there is a necessity to arrange additional sittings, perhaps on a Friday, to discuss important issues such as this, this side of the House will not be averse to so doing.
Deputy Caoimhghı´nO´ Caola´in: In the context of promised legislation in the area of health, particularly on health information, is the Ta´naiste in a position to confirm the reports that this week, as a result of further pressure from the office of the Minister for Health and Children and the office of the CEO of the HSE, a deadline of the end of June has been set for the closure of the remaining acute medical services at Monaghan General Hospital——
An Leas-Cheann Comhairle: That is not appropriate to the Order of Business. It would be a suitable matter for the Adjournment Debate or a parliamentary question.
Deputy Caoimhghı´nO´ Caola´in: ——including heart rehabilitation services and heart tests such as ECHO and stress tests, on which many citizens, including this Deputy, have depended in the past 18 moths at Monaghan General Hospital? 504 Order of 15 May 2008. Business
An Leas-Cheann Comhairle: The Deputy’s question is not, unfortunately, appropriate to the Order of Business.
Deputy Caoimhghı´nO´ Caola´in: A journey in excess of 30 miles will be required to have these regular tests carried out. Will the Ta´naiste comment on reports that officials of the HSE north east, who have been entrusted with the task of bringing to an end acute medical services——
An Leas-Cheann Comhairle: That is not appropriate to the Order of Business
Deputy Caoimhghı´nO´ Caola´in: ——have been promised generous bonuses?
The Ta´naiste: The health information Bill will be available next year.
Deputy Caoimhghı´nO´ Caola´in: Has the Ta´naiste nothing to say on the other matters I raised?
The Ta´naiste: I bow to the Leas-Cheann Comhairle’s guidance. The Deputy’s question is inappropriate.
An Leas-Cheann Comhairle: The Deputy might want to submit the matter for discussion on the Adjournment or to table a parliamentary question.
Deputy James Reilly: A report appears today in the Irish Independent about Quest Diagnos- tics, the company that is to be awarded the cytology contract for between 300,000 and 500,000 smears as part of our cervical screening programme.
An Leas-Cheann Comhairle: That is not relevant to the Order of Business either.
Deputy James Reilly: It is relevant. I will explain where I am coming from and on which legislation I want to ask a question. A company that has been found guilty of fraud to the tune of \40 million has been awarded a huge contract in this country, as a consequence of which we will lose a pool of experience and over 100 jobs. Under the health information Bill, will HIQA be in a position to inform us of such matters in the future?
An Leas-Cheann Comhairle: As the Deputy knows very well, that is not relevant to the Order of Business.
Deputy James Reilly: This company has an accuracy rate of 85% while our laboratories have a 95% accuracy rate. The rationale is based on the fact that it carries out smears annually, while we do them every five years.
An Leas-Cheann Comhairle: That is an appropriate question for the Minister for Health and Children.
Deputy James Reilly: It will not be possible to discuss a matter with one’s cytologist, who will be in America. Are we saving money? Will HIQA be able to do anything about it? We do not even know how much this will cost and patients lives are being put at risk.
An Leas-Cheann Comhairle: I call Deputy Durkan.
Deputy Simon Coveney: What about the question on the Bill?
An Leas-Cheann Comhairle: Did the Deputy ask a question about legislation? 505 Order of 15 May 2008. Business
Deputy Simon Coveney: Yes.
Deputy James Reilly: I asked a question on the health information Bill. A senior figure in the HSE once worked for Quest Diagnostics and I would like to know what his role was in this affair.
The Ta´naiste: I indicated that this legislation would be available next year and public consul- tation is taking place at the moment. What is happening on the other side of the House is completely and utterly inappropriate. As a man who is a general practitioner and whose ideol- ogy is to ensure the safety of patients, Deputy Reilly could not but fully agree that in terms of accuracy in cytology, we have the best facilities available to the women of Ireland. The Deputy knows well that we have issues of clinical governance to deal with.
Deputy James Reilly: Quest Diagnostics has 85% accuracy while Irish labs have 95%. As a woman the Ta´naiste should know the seriousness of this issue. She knows precisely what I am saying. I challenge her to tell us the facts.
The Ta´naiste: It is appropriate to advise this House that the issue at hand is to deal with over- charging.
An Leas-Cheann Comhairle: It is not appropriate on the Order of Business.
The Ta´naiste: The issue the Deputy is dealing with and that fraud is to deal specifically with overcharging.
An Leas-Cheann Comhairle: Would the Ta´naiste please yield?
The Ta´naiste: It is wrong of the Deputy as a general practitioner to show such lack of clini- cal guidance.
An Leas-Cheann Comhairle: Could the Ta´naiste resume her seat for a moment please? This is the Order of Business. This is a very serious matter appropriate to a proper debate. The way it is being raised this morning is not in order.
Deputy Emmet Stagg: A very serious slur has been made on Irish cytologists.
Deputy Bernard J. Durkan: Hear, hear.
An Leas-Cheann Comhairle: I call Deputy Durkan. I will come back to Deputy Jan O’Sullivan.
Deputy James Reilly: In ten days this contract will be irrefutably given and there will be no come back and no point in a debate. I call for a debate next week so we can expose what is happening to the Irish people. We would gladly accept that.
An Leas-Cheann Comhairle: Would Deputy Reilly have some respect for the House and the Chair please?
Deputy Bernard J. Durkan: In the past number of weeks the Ta´naiste met Mr. Peter Mandelson or other members of the Commission at which discussions took place on issues for which she previously had responsibility. In view of the legislation the House has passed, the 28th Amendment to the Constitution Bill, and its possible outcome, has she received any satis- factory response from the Commissioner, Mr. Mandelson, on the forthcoming referendum? 506 Order of 15 May 2008. Business
An Leas-Cheann Comhairle: That is not in order on the Order of Business. It is appropriate for a question.
Deputy Bernard J. Durkan: I am asking the question on the Order of Business. If the Ta´naiste wishes she can give us the answer. If the answer is positive she can give it; if it is negative, she should have responsibility and stand up and say it.
The Ta´naiste: I will brief Deputy Durkan in private.
Deputy Bernard J. Durkan: I thank the Ta´naiste but I would much prefer to be briefed in public.
An Leas-Cheann Comhairle: I would prefer an orderly Order of Business.
Deputy Willie Penrose: I want to ask the Ta´naiste a question related directly to her brief which is important for the functioning of the legal and administrative basis of companies in Ireland. It relates to the mammoth task of the company law consolidation reform Bill, which has to consolidate 13 Acts and approximately 1,100 sections. Is the Minister content that she has sufficient parliamentary draftspeople available to undertake this mammoth task? Has she consulted the Attorney General to ensure that this Bill will be undertaken? It is extremely important for the proper functioning of business in this country as it relates to corporate governance, administration, receiverships and liquidations. How soon will that be undertaken? Is the Minister prepared to accept an offer by the Committee on Enterprise, Trade and Employment, of which I am Chairman, to establish a special sub-committee? If we do not have enough parliamentary draftspeople in our system, will the Ta´naiste engage more or employ somebody to under the task specifically? As a very involved sportsperson, when the national lottery funding grants will be allocated?
An Leas-Cheann Comhairle: That is not in order on the Order of Business.
Deputy Willie Penrose: It is, and I will tell the Leas-Cheann Comhairle why.
An Leas-Cheann Comhairle: I am sure Deputy Penrose will not. It is not in order.
Deputy Willie Penrose: Every sports club in the country is waiting for the allocations and cannot begin work.
An Leas-Cheann Comhairle: That would be an excellent parliamentary question.
Deputy Willie Penrose: Last year, one would be knocked down by the motor cars of Deputies and Senators arriving with the packages, some of whom did not even know where the clubs were and had done nothing to advance the cause. This money belongs to the people, not to any particular political sector. I am persecuted by clubs that want to know. I am sure there are many clubs in County Donegal and the Ta´naiste will arrive with the goodies very soon. I would like to see that the Westmeath people are looked after.
The Ta´naiste: The company law consolidation and reform Bill is a substantial piece of legis- lation. The normal pro forma answer would be that it would be difficult to ascertain when we will be able to discuss it. However, yesterday I took the opportunity to brief myself on the matter. My predecessor consulted the Attorney General and it might be appropriate for Deputy Penrose as Chairman of the Committee on Committee on Enterprise, Trade and Employment to examine a format in which we could deal with this legislation because it will take a consider- 507 Order of 15 May 2008. Business
[The Ta´naiste.] able amount of time and there will need to be much briefing before the discussion. Perhaps we could do that with Deputy Penrose and a number of the committee members.
Deputy Emmet Stagg: On a point of order, a group of professional people, namely, medical laboratory scientists in cytology, have had their professional ability seriously slurred by the Ta´naiste’s comments. I ask the Ta´naiste to withdraw her comments and not say in this House that they are not capable of giving the best service to the people.
Deputy James Reilly: Hear, hear.
An Leas-Cheann Comhairle: That is not a point of Order.
(Interruptions).
Deputy Emmet Stagg: That is what the Ta´naiste said. If her embargo did not make them redundant, we would not need to hire chancers from America.
An Leas-Cheann Comhairle: The Chair did not hear that charge.
The Ta´naiste: I did not say that, nor would I consider doing so.
Deputy Emmet Stagg: I ask the Ta´naiste to withdraw the slur.
Deputy Jan O’Sullivan: I indicated my wish to speak on the same subject. That is normally allowed.
An Leas-Cheann Comhairle: I will call the Deputy in a moment but there was some disrup- tion. I will call her after Deputy Crawford.
Deputy Jan O’Sullivan: It was the issue that Deputy Reilly raised and I indicated I wanted to speak.
An Leas-Cheann Comhairle: The Deputy did, but 15 Deputies have indicated so far.
Deputy Seymour Crawford: In light of the ongoing abuse of alcohol and all that goes with it, the former Minister for Justice, Equality and Law Reform was preparing a Bill. When will the sale of alcohol Bill or something similar be brought into this House to allow us to have a full debate on the abuse and sales of that drug? On the health (long-term residential carers service) Bill, there are ongoing serious difficulties with the elderly being forced to pay unjust charges. Homes that have been funded through tax relief now charge \1,000 per week and there is no redress. I have a third question on misinformation from the HSE.
An Leas-Cheann Comhairle: That is not in order on the Order of Business.
Deputy Seymour Crawford: We were told the HSE was not over-staffed but today we learned that it is trying to get a package to reduce staff numbers. As my colleague, Deputy O´ Caola´in said, we have been given misinformation on Monaghan General Hospital. When will the health information Bill be before this House so that we can discuss it?
An Leas-Cheann Comhairle: That question has already been asked.
Deputy Seymour Crawford: We have not got a date for it. 508 Order of 15 May 2008. Business
The Ta´naiste: The intoxicating liquor Bill will be before the House before the summer, the sale of alcohol Bill will be in the autumn session and, for the third time, the health information Bill will be next year. The nursing homes Bill will be this session before the end of the summer.
Deputy Seymour Crawford: Will it be dealt with this session?
The Ta´naiste: It will if we ever get on with the business of the House.
Deputy Emmet Stagg: This is the business of the House.
Deputy Seymour Crawford: It is not our fault the Ta´naiste has not brought the legislation forward.
Deputy Jan O’Sullivan: We have a number of accredited laboratories for cytology screening in this country. We will lose jobs——
An Leas-Cheann Comhairle: That is not in order. I have explained that this is a serious matter that would merit a proper debate and is not suitable for raising on the Order of Business.
Deputy Jan O’Sullivan: I know, and I am asking for a proper debate in this House because the Minister no longer holds responsibility for the cervical screening programme because she has farmed it out to a particular organisation so we cannot raise it with the Minister in the normal way. We will lose jobs in this country to the United States. We have accredited labora- tories and expertise in this area.
An Leas-Cheann Comhairle: Is a debate promised on this?
The Ta´naiste: No.
An Leas-Cheann Comhairle: No debate is promised.
Deputy Jan O’Sullivan: May we ask for one?
Deputy Paul Kehoe: Can the Ta´naiste give us a commitment that we will have a debate on this issue next week because it is a very serious issue?
An Leas-Cheann Comhairle: Deputy Kehoe would be in a very good position to raise that at the Whips’ meetings.
Deputy Paul Kehoe: We can go to the Whips meetings but the Chief Whip has to ask per- mission of the Minister for Health and Children.
An Leas-Cheann Comhairle: I have asked if there will be a debate on this and the Chair can do no more.
Deputy Paul Kehoe: Can we be fair to this issue and have a debate in the House next week?
Deputy James Reilly: Let us see the Ta´naiste’s bona fides on the care of women in this country. She must give us a debate.
An Leas-Cheann Comhairle: Deputy Kehoe has asked if there is to be a debate and the Ta´naiste has answered that no debate is promised.
Deputy Paul Kehoe: Can the Ta´naiste give us a commitment that there will be a debate on this issue next week? 509 Order of 15 May 2008. Business
An Leas-Cheann Comhairle: The Ta´naiste has already answered that question.
The Ta´naiste: I have indicated that there will be no facilitation of a debate but there are other methods by which these issues can be discussed and raised in the House.
Deputy Jan O’Sullivan: There are not.
The Ta´naiste: There are many methods.
Deputy Joan Burton: On the issue raised by Deputy Penrose on the consolidated companies legislation, I asked the Ta´naiste’s predecessor about management companies where thousands of young people are being forced to pay management company charges of 11 o’clock between \2,000 and \3,000 a year for apartments and between \600 and \700 to have a small square of grass and a couple of shrubs cut. I am told that there is legislation required from her Department, both by the Taoiseach——
An Leas-Cheann Comhairle: Is legislation promised on estate management?
Deputy Joan Burton: May I explain? I was told that the Ta´naiste’s Department was consider- ing including that in the consolidated legislation. Her predecessor told me this when he took the Order of Business.
Deputy Emmet Stagg: Cinderella.
Deputy Joan Burton: It is not one minute to midnight.
An Leas-Cheann Comhairle: Is legislation promised?
Deputy Joan Burton: I was told by the Ta´naiste’s predecessor that he was considering separ- ate legislation. She stated she had considered Deputy Penrose’s position. Has she given any consideration——
An Leas-Cheann Comhairle: Deputy Burton has made her point.
Deputy Joan Burton: ——to the management company issue and the need for legislation in her Department? It is a really urgent issue for thousands of people.
An Leas-Cheann Comhairle: Is legislation on estate management promised?
The Ta´naiste: There will be some time, if I could answer the question.
An Leas-Cheann Comhairle: Please do. I am calling you to answer.
The Ta´naiste: There will be legislation. An interdepartmental committee has been set up. It is being led by the Minister for Justice, Equality and Law Reform. All others, including my Department, are involved. It is anticipated that a meeting will be arranged with the relevant Ministers and the Opposition spokespersons in the near future.
An Leas-Cheann Comhairle: I call Deputy Ciara´n Lynch.
Deputy Joan Burton: I am not——
An Leas-Cheann Comhairle: I am afraid that is as much as Deputy Burton can debate now.
Deputy Joan Burton: Sorry—— 510 Order of 15 May 2008. Business
An Leas-Cheann Comhairle: Deputy, please, I have called your colleague, Deputy Lynch.
Deputy Joan Burton: ——her predecessor, answering on this issue less than ten days ago, indicated that there would be legislation from the Department of Enterprise, Trade and Employment.
An Leas-Cheann Comhairle: The Ta´naiste has already answered Deputy Burton’s question.
Deputy Joan Burton: I am asking the Ta´naiste, because the consolidated Bill will take so long, whether she will continue the policy of her predecessor.
An Leas-Cheann Comhairle: I will move on to ordinary business. Deputy Lynch, are you offering?
Deputy Joan Burton: I have another question.
An Leas-Cheann Comhairle: I will come back to the Deputy in that case.
Deputy Joan Burton: Will she continue to honour the commitment made by her predecessor——
An Leas-Cheann Comhairle: Would the Deputy please allow Deputy Lynch in?
Deputy Joan Burton: ——to introduce legislation on management companies?
The Ta´naiste: Yes.
An Leas-Cheann Comhairle: Deputy Burton has made the point.
Deputy Pa´draic McCormack: Make it again.
Deputy Joan Burton: It is a massive issue for thousands of young home owners.
The Ta´naiste: We will have legislation in due course.
Deputy Joan Burton: The second question is——
An Leas-Cheann Comhairle: With respect, I will call Deputy Burton again. I have already called Deputy Lynch.
Deputy Joan Burton: Sorry, it is a brief question.
An Leas-Cheann Comhairle: Please, would Deputy Burton give way? I will come back to the Deputy.
Deputy Joan Burton: The Taoiseach spoke——
An Leas-Cheann Comhairle: Would the Deputy please take her seat?
Deputy Michea´l Martin: Have some respect for the Chair.
An Leas-Cheann Comhairle: I will allow another question. Deputy Burton has been called twice so far. A number of other Deputies are offering. I will come back to her.
Deputy Joan Burton: I was called. This is my first time. 511 Order of 15 May 2008. Business
An Leas-Cheann Comhairle: Deputy Burton has come in twice on this issue. I call Deputy Lynch.
Deputy Michea´l Martin: I am shocked at the absence of respect for the Chair.
Deputy Bernard J. Durkan: The Minister should not be shocked.
Deputy Ciara´n Lynch: Given that there is just five weeks left to the House before the sum- mer recess.
Deputy Michea´l Martin: Six.
An Leas-Cheann Comhairle: Allow Deputy Lynch.
Deputy Ciara´n Lynch: There are, if one considers that the House will be closed the week of the Lisbon treaty referendum and also the bank holiday. There are two matters I want to raise this morning.
Deputy Emmet Stagg: The Minister will be away as usual.
A Deputy: He is never here.
Deputy Michea´l Martin: I will be here. The Lisbon treaty has me at home.
Deputy Ciara´n Lynch: The first is the social housing (miscellaneous provisions) Bill which has been scheduled to be published for quite a while. It has been indicated that the Bill will come before the House this term. Is there a specific date for its publication, given that it contains two specific important items, namely the sale of apartments to local authority tenants and the update of anti-social behaviour provisions? The second matter I want to raise relates to the boundary commission group, whose work is ongoing. Has a date been confirmed for when it will report to the House and could the Ta´naiste indicate what legislative measures or procedures will arise from that boundary commission’s report?
An Leas-Cheann Comhairle: There are two matters, Ta´naiste.
Deputy Ciara´n Lynch: The matter relates to the local elections.
The Ta´naiste: On the first issue Deputy Lynch inquired about, we had hoped to publish the Bill this session prior to the summer.
Deputy Ciara´n Lynch: Could we have a date?
The Ta´naiste: I will make sure I am completely correct and communicate with Deputy Lynch on the boundary commission report. I believe that there is no legislative requirement on this matter, but I will ascertain when it is expected to be brought to finality and let the Deputy know.
An Leas-Cheann Comhairle: Deputy Burton on another matter.
Deputy Joan Burton: On the second point I wanted to raise, the Government promised a debate on the OECD report. There is a report in the newspapers this morning that Dublin City Council is having to reconsider the major housing regeneration programme in areas such as St. Michael’s Estate and O’Deveny Gardens because of funding difficulties. Central to the 512 Order of 15 May 2008. Business
OECD report and the ESRI report of yesterday is the understanding that the Government will continue to invest at the appropriate level in the national development programme.
Deputy Michea´l Martin: Hear, hear.
Deputy Joan Burton: The indications that the redevelopment and regeneration of St. Michael’s Estate, and possibly O’Deveny Gardens, is being pulled——
An Leas-Cheann Comhairle: This is not in order, as Deputy Burton will be aware.
Deputy Joan Burton: When will the OECD debate be provided? We are getting no serious debate from this Government about the economy.
An Leas-Cheann Comhairle: There was a debate for two nights on this issue of the economy.
Deputy Joan Burton: The economy is in serious difficulty at present.
An Leas-Cheann Comhairle: Is there a promised debate on the OECD report?
Deputy Joan Burton: When will the debate take place?
The Ta´naiste: First, there was a full discussion on the economy yesterday evening and the evening before in both Houses.
Deputy Joan Burton: That was courtesy of the Labour Party.
The Ta´naiste: We believe in democracy.
Deputy Emmet Stagg: Thanks awfully.
The Ta´naiste: I am sure we can take an opportunity to discuss the OECD report and the ESRI report.
Deputy Emmet Stagg: On a point of clarification, there is already agreement that there would be a debate. It is a matter of timing.
The Ta´naiste: Timing is everything.
Deputy Emmet Stagg: The Ta´naiste was diluting that somewhat.
The Ta´naiste: I will leave it to Deputy Stagg.
Deputy Joe McHugh: I refer to No. 33 on the list of promised legislation, the foreshore (amendment) Bill. When is publication expected?
An Leas-Cheann Comhairle: The Ta´naiste on the foreshore (amendment) Bill.
Deputy Joe McHugh: Can I emphasise the need for important public projects to be fast- tracked for the public good? I refer specifically to the harbour development works in Buncrana with which the Ta´naiste will be familiar.
An Leas-Cheann Comhairle: Where stands the foreshore (amendment) Bill?
Deputy Joe McHugh: The reason I raise it is I have it from good authority that the RNLI is deciding whether to remove services this weekend. I realise the Ta´naiste is working closely on it. 513 Order of 15 May 2008. Business
An Leas-Cheann Comhairle: Ta´naiste, the foreshore (amendment) Bill, before we get into a local debate in which you are anxious to engage.
Deputy Joe McHugh: I ask the Ta´naiste to impress upon the new Minister for Agriculture, Fisheries and Food, Deputy Brendan Smith, to expedite this as a matter of urgency.
The Ta´naiste: We cannot say as of yet when the foreshore (amendment) Bill will be forthcoming.
An Leas-Cheann Comhairle: I call Deputy Barrett.
Deputy Seymour Crawford: What about Buncrana?
The Ta´naiste: I sorted Buncrana.
An Leas-Cheann Comhairle: Allow Deputy Barrett, please.
Deputy Sea´n Barrett: I raised an issue here some weeks ago and I understood I received a commitment that there would be a debate on the EU Commission’s proposals on the targets for climate change as they affect this country and, in particular, as the Ta´naiste will be well aware, the serious implications of not allowing afforestation as part of our targets. When will this debate take place and which Minister is responsible for these negotiations in Europe? It seems that this matter is dragging out and this will happen without Ireland having any input into this set of proposals.
Deputy Bernard J. Durkan: Hear, hear.
An Leas-Cheann Comhairle: When will the debate take place?
The Ta´naiste: There was an agreement that we would have a debate. We will ask the Chief Whip, with Deputy Barrett’s party’s Whip and the Labour Party Whip, to try to get a date appropriate and we will schedule it.
Deputy Phil Hogan: When are the national monuments Bill and the trusts Bill likely to be published?
The Ta´naiste: The national monuments Bill will be published next year. We do not yet have a date for the trusts Bill.
Deputy Fergus O’Dowd: In view of the fact that The Irish Times reports this morning that more than 5,000 people in the north-east are now being written to and will have their X-rays and CAT scans reviewed, that serious concerns have been raised about the work of a radiologist in the region, and that the HSE denied the extent of this review, can the Ta´naiste give us any reassurances about the extent of this problem and the seriousness of it?
An Leas-Cheann Comhairle: It is not appropriate to ask that question.
Deputy Fergus O’Dowd: Can I ask that we would have an urgent and immediate debate, and a statement from the Minister, in the House on this extremely important matter?
An Leas-Cheann Comhairle: There are other ways open to Deputy O’Dowd.
The Ta´naiste: The Deputy should table a private notice question.
Deputy Fergus O’Dowd: I will submit a private notice question. 514 Burma Tragedy: 15 May 2008. Motion
An Leas-Cheann Comhairle: That will be entertained by my office. Is a debate on this matter promised?
The Ta´naiste: A debate is not promised, but I am sure the Leas-Cheann Comhairle will deal with the private notice question.
An Leas-Cheann Comhairle: That concludes the Order of Business.
Burma Tragedy: Motion. Minister for Foreign Affairs (Deputy Michea´l Martin): I move:
That Da´il E´ ireann, seriously concerned by the impact of Cyclone Nargis which struck Burma/Myanmar on 2 and 3 May, causing enormous destruction, injuries and loss of life in Burma/Myanmar:
expresses its deepest sympathy for the people of Burma/Myanmar;
condemns the restrictions on humanitarian access which undermines the principles of humanitarian response, so essential to save lives and livelihoods;
calls on the Government of Burma/Myanmar, as a matter of urgency, to allow full and free access to the affected area for humanitarian supplies and organisations experienced in emergency operations;
welcomes the commitment by the Irish Government to provide \1 million as a first contri- bution, in response to this disaster, and the deployment of humanitarian supplies from its stockpiles in Brindisi, Italy, through the United Nations;
commends the efforts being made by United Nations agencies, the Red Cross and non- governmental organisations to obtain access to those most in need and in peril from the effects of Hurricane Nargis; and
deplores the decision of the Burmese Government to proceed in most of its territory with the already fundamentally flawed referendum on a new constitution on 10 May, despite the concerns of the international community and in disregard of the humanitarian crisis caused by Cyclone Nargis.
Cyclone Nargis struck Burma on 2 and 3 May 2008 with winds of up to 200 km/h, sweeping through the delta region and the country’s main city and former capital, Yangon. Damage from the cyclone was most severe in the delta region, where the effects of extreme winds were compounded by a sizeable storm surge that destroyed an estimated 95% of housing. Yangon sustained a direct hit, which knocked down power and communications lines and inflicted major damage to buildings. Even now, more than ten days after the storm, people remain largely without electricity, piped water and communications. Many roads into and out of the city, as well as vital roads into the delta region, are still blocked by flooding or debris. For much of the delta region, the most significant transportation is normally by waterway, and water transport infrastructure has been severely damaged. The toll of people killed, missing or affected remains difficult to assess, with the numbers continuing to increase daily. The UN estimates that up to 100,000 are feared dead and more than 1.5 million are in need of assistance. To make matters worse, more strong rains are forecast for next week. About 24 million people — roughly 50% of the population — live in the cyclone- affected areas. Considering the season, a major crop loss is not envisaged but huge swathes of 515 Burma Tragedy: 15 May 2008. Motion
[Deputy Michea´l Martin.] fertile agricultural land were inundated with salty water which will require significant time to bring back to normal. There are enormous challenges involved in mounting a logistics operation of the scale required to deliver sufficient levels of assistance to affected communities. However, the major challenge to an effective response to this crisis is man made. The challenge is the reluctance of the Government of Burma to accept international humanitarian assistance. In the days after the cyclone, the Government refused to issue visas for international humanitarian workers and refused to allow humanitarian supplies to enter the country. Almost two weeks after the cyclone, there is a very real risk of serious health problems among vulnerable communities, particularly as a result of Burmese Government-imposed delays in the provision of necessary aid. It is feared that malaria transmission will significantly increase and epidemics will occur in many areas. In addition, lack of access to safe drinking water and the near-total absence of sanitation in affected areas will increase the risk of diar- rhoeal diseases, including cholera. The denial and impediment of access has compounded what was already a very severe natural disaster. It was more than one week after the crisis before supplies seemed finally to be getting through, although the quantity is still nowhere near enough to meet the needs of the affected population. Even when supplies have arrived in the country, the Burmese Government has been curtailing their distribution, often insisting on taking control. This is despite the reality that, access permitted, the international humanitarian community has greater capacity and the necessary experience to do so effectively. The Government in Burma has also continued to enforce its very restrictive visa policy. Some aid workers who have managed to obtain visas have been turned back at the airport. Visas that have been issued have, in some instances, been for very short periods only, effectively rendering them useless. Delivery of humanitarian aid in such a crisis is a complex task and without experienced international staff, the delivery will not be as effective. On Tuesday, the EU Presidency convened a special emergency meeting of the General Affairs Council to underline the severity of this crisis. It is noteworthy that the 11 September terrorist attack and the Asian tsunami were the last occasions that gave rise to the convening of such an extraordinary Council meeting. In its conclusions, the Council considered that with- out the co-operation of the authorities in Burma, an even greater tragedy is threatened. It fully shared the deep concern recently expressed by the UN Secretary General and expressed its support for any initiative, including in the UN bodies, that would help to meet the humanitarian needs of the Burmese people. It stressed its strong support for the efforts of the UN, the Red Cross-Red Crescent movement and NGOs to bring aid to the people of Burma and underlined the point that the effective delivery of aid must be monitored by expert humanitarian staff. While welcoming recent limited improvements on the ground, the Council called on the auth- orities in Burma to offer free and unfettered access to international humanitarian experts, including the expeditious delivery of visa and travel permits. The Council also expressed support for the visit to the region by the European Commissioner for development and humanitarian aid, Louis Michel, in his mission to seek progress from the competent Burmese authorities in ensuring access by humanitarian aid workers to the country and to the affected areas. Ireland has been to the fore in calling for full and free access to the affected areas for relief supplies. Workers and Irish embassies in neighbouring countries have made representations seeking their assistance in getting access for the international relief effort. Ireland will continue 516 Burma Tragedy: 15 May 2008. Motion to use its diplomatic influence to improve the access for both humanitarian supplies and workers. Some of our European partners have raised the possibility of invoking the “responsibility to protect” initiative, agreed at the UN World Summit in 2005 as a means of intervening directly even without the consent of the Burmese Government. We would support any initiative that would bring aid more effectively to those in need, but at this stage it appears very unlikely that the necessary agreement could be found within the Security Council to act in this manner. Frustrating as it is, there may be no practical alternative to continuing to press the Burmese Government to allow in both the necessary supplies and the necessary international expertise. The obstruction of the international aid effort by the Government of Burma is not acceptable. I call on it immediately to lift all obstacles to the delivery of urgent, life-saving assistance. Every day and every hour is critical. Thousands of lives can still be saved. The Irish Government’s response has been rapid and effective. The Government immedi- ately made an initial pledge of \1 million for emergency relief. This will be channelled through established partners in emergency response, such as NGOs, UN agencies and the Red Cross. Clearly, we are ready to respond further. In addition to this direct support to the emergency response, Ireland is also providing support through its substantial annual contributions to two key international funds designed specifically to provide immediate finance in response to sud- den on-set emergencies of this kind, namely, the UN Central Emergency Response Fund, CERF, and the Red Cross-managed Disaster Relief Emergency Fund, DREF. Both funds, which were established to make financial aid available to their respective organisations to facilitate rapid response to humanitarian emergencies, have already released significant amounts of money for this crisis. This year, Ireland is the sixth largest contributor to the UN’s CERF, with a contribution of \22.6 million, and the second largest contributor to the DREF of the Red Cross, with a contribution of \2 million. On Saturday, 10 May, we dispatched an airlift of essential humanitarian supplies from our stockpiles at the UN’s humanitarian response base in Brindisi, Italy. The airlift, which was co- ordinated by the UN Office for the Co-ordination of Humanitarian Affairs and shared with Norway, landed in Yangon on Sunday, 11 May. On board were large quantities of essential non-food supplies, such as plastic sheeting for temporary shelter, blankets, kitchen sets and mosquito nets, as well as tents, water tanks and water purification equipment provided by Norway. The supplies have been cleared and are to be distributed to affected communities on the ground. In addition, Irish supplies formed part of an earlier airlift last week shared with the Italian Government, which also pre-positions supplies in Brindisi. We are ready to make further shipments of our supplies if requested and access arrangements permit. I have also asked that the rapid response corps be put on stand-by for early deployment. The corps is a roster of skilled and experienced volunteers who make themselves available to deploy at short notice to humanitarian emergencies. If requested, members of the corps will be deployed to work with our partners, the UN Refugee Agency, the World Food Programme and the UN Office for the Co-ordination of Humanitarian Affairs. My officials remain in ongoing contact with our partners who have a presence on the ground in Burma and with those who are co-ordinating the response from Bangkok to obtain regularly updated information on the needs of affected communities. The further tragedy of Cyclone Nargis is that it is a natural catastrophe piled upon the man- made catastrophe that has already engulfed the people of Burma, created by the ruling military regime. A country that was once the rice bowl of Asia has over many years been reduced to abject and desperate poverty in many of its regions by mismanagement, corruption and military 517 Burma Tragedy: 15 May 2008. Motion
[Deputy Michea´l Martin.] offensives to root out ethnic and other political dissent. A country rich in natural resources is now one of the ten poorest countries in the world — its wealth in precious metals, stones, minerals and hardwoods plundered by the military. There is massive diversion of state resources towards maintaining the military elite, with 40% of the national budget spent on defence, while its health care system is ranked by the WHO as 190th out of 191 surveyed nations. Chronic levels of inflation — notably a fivefold increase in fuel prices last August — sparked protests which were brutally put down by the military on 25 September. The people of Burma have long made clear their demands for democracy, freedom, justice and economic security but these aspirations have been met by censorship, rejection, intimi- dation and brute force. The overwhelming victory of the democratic opposition party, the NLD, led by Aung San Suu Kyi, in the 1990 elections was overturned by the military regime and opposition leaders. Anyone seen to be critical of the regime was imprisoned or otherwise silenced. On 9 February 2008, the Burmese Government announced that it would hold a referendum on a new constitution in May, to be followed by multi-party democratic elections in 2010. The referendum is the fourth step in the regime’s deeply flawed seven step road map to democracy. The previous step, drafting the new constitution, was a 14 year process, from which relevant political stakeholders, including the democratic opposition and representatives of ethnic min- orities were excluded. No real progress has been made in seeking to allay any of the international community’s concerns that the road map process is a political tool to guarantee a permanent role for the military in the future governance of Burma. The decision of the Burmese Government to effectively ignore this major humanitarian disaster and to proceed in most of its territory with this already fundamentally-flawed referendum can only be deplored. Reports indicate that the regime has sought to push through the new constitution with violence, intimidation and vote- rigging. This referendum cannot be regarded as reflecting the real wishes of the people of Burma. It has done nothing to assist the long-term stability and democratic development of that country. Rather, by prioritising the referendum over aid distribution, the regime has put at risk hundreds of thousands of lives. Ultimately, the only sustainable solution to the political situation in Burma is credible dialogue on democratic reform with the opposition and the ethnic groups. The Government continues to support the role of the UN Secretary General and that of his special envoy, Dr. Gambari, who was appointed after the crisis of last autumn. Dr. Gambari’s good offices mission offers the best path to encourage the ending of the political crisis and achieving national reconciliation. So far, the Burmese authorities have not engaged seriously with the UN. It is vital that they do so. Burma’s neighbours, including ASEAN members and China, have a key role to play in encouraging the Burmese regime towards genuine dialogue and reform. Bilaterally, and through the EU, we continue to urge their proactive engagement in pressing the Burmese regime towards national reconciliation, dialogue and democracy. While some of Burma’s neighbours did exert a more active influence than heretofore, particularly last autumn, this has not so far been as sustained or effective as it needs to be. Both Dr. Gambari and UN Secretary General Ban Ki-moon have stressed the importance of tangible action by the Bur- mese regime, and have rightly made clear that the patience of the international community is running out. The Security Council should be engaged in efforts to find sustainable solutions to both the immediate and longer-term problems facing the country. 518 Burma Tragedy: 15 May 2008. Motion
Deputy Billy Timmins: I propose to share time with Deputy Breen. I welcome the Minister to the House and congratulate him on his appointment to the Department of Foreign Affairs, along with the Minister of State, Deputy Peter Power. If I may be so bold, I will give him two pieces of advice. His predecessor, Deputy Dermot Ahern, was in charge of a policy to consider establishing links with Fianna Fa´il in Northern Ireland. I raised this issue with the previous Minister and I ask the current Minister to consider this carefully. I have grave concerns about a policy that may lead to Unionists sitting on one side of the table alongside Fianna Fa´il Ministers and across from Fianna Fa´il Ministers. That is not what the people of Ireland voted for and I ask the Minister to consult with his new party leader and Taoiseach on this policy. One can never put a limit on the boundaries of political parties but this matter is important. I am delighted to speak on the situation in Burma. We have condemned the regime in Burma in this House over the past few months but it has also come up occasionally over the past decades. I want to sympathise with the Burmese people and examine how we can assist them. The contrast is amazing between the swift and efficient reaction of the military in putting down the protest of the monks. The military seemed to be all-powerful and seemed to carry much authority. In the past few weeks, in contrast, they have been conspicuous by their absence and have an inability, whether by design or otherwise, to assist the people in their country. While one would not advocate a military regime in charge of any group, the one redeeming feature would be that it would be efficient in times of crisis and have contingency plans. This does not seem to be the case and I hope this gels the people of Burma to try to get rid of this regime. That will not happen unless neighbouring regimes such as China stand back rather than influ- encing the area. The Burmese authorities had 48 hours notice of this cyclone. They issued some warnings but made no plans for evacuation. They received warnings from the meteorological service in India but nothing was put in place to assist vulnerable people. The Minister outlined how poor the country is, with 30% of its 50 million people below the poverty rate. Infant mortality is 76 per 1,000 of live births and the world food programme estimates that one third of children under five are malnourished and 57% of children leave primary school. These statistics indicate how poor the country is under the authority of the junta. Notwithstanding this, it is one of the countries that has received the least aid, something like \2 per head. This is because countries will not subscribe to a regime so clearly at odds with the population it represents. The question is how to get aid to the country. The military junta has been in place since the 1960s. Not having access to opinion polls like we do, it called an election in 1990 expecting to come out on top. It was severely crushed but, notwithstanding that, it parked the result of the election and Aung San Suu Kyi, leader of the political party that won most seats, has been under house arrest since then. The Minister outlined the steps in progress towards democracy and how it has taken 14 years to frame the constitution. A constitutional referendum was called for 10 May and, despite international calls to defer it, it took place in the unaffected regions and will take place in the affected regions on 24 May. I call on the authorities to defer it. The constitutional referendum is a sham. The draft document was published one month before the referendum and was not translated into any of the 140 ethnic languages that represent 40% of the population of Burma. Some 40% of the population did not have access to it. The consti- tution reserves 25% of the seats in parliament for army officers, effectively giving a veto over constitutional change, and reserves the right of the military to intervene at any time. It is nothing but a cover up for the junta. If people had free will they would vote against it but will probably vote for it because they are intimidated by the military at polling booths. Some countries such as China, Thailand and India are getting aid in but there may be inter- national reservations about the motivation of Thailand and India because these countries have an interest in oil and gas resources in Burma. We must look at how we can get aid in; the USA 519 Burma Tragedy: 15 May 2008. Motion
[Deputy Billy Timmins.] has been turned down. I read last night that coincidentally Congress had bestowed an honour on Aung San Suu Kyi in the week of the cyclone and has also passed a motion condemning the regime. We must ask ourselves if, in putting down a motion condemning the regime, we are actually prohibiting an opportunity of getting aid in. My grandmother used to say that a thimble of honey was worth a bucket of vinegar. Often, we must make our views on democracy subservient to pragmatism and try to assist people. It is the people we are trying to assist in this whole catastrophe. We often ask ourselves, in the context of Burma and other places, why a regime does this to its people. I am reminded of a refrain from “Fiddler on the Roof”. We must recognise that there are two sides to every story. We in the west have down through the centuries plundered and exploited the resources of many of these countries which view us with a certain level of suspicion. I am aware that India annexed Burma for some time. I am sure Members are familiar with the British East India Tea Company that operated in Burma some centuries ago. The Burmese people are suspicious of the western world and believe we are out to exploit their resources. The only mechanism through which we will be able to get aid in to Burma or other places where natural disasters occur is through the auspices of the non-governmental organisations, in particular the United Nations. We must anticipate these disasters and put in place contin- gency plans to which all countries must sign-up. We must ensure there is in place a mechanism through which we can get aid to those who need it. It is horrific to think that in the region of 100,000 or 200,000 people have died because of the cyclone. Oxfam estimates that in the region of 1.5 million people could die from related illnesses. Unnecessary action by the junta is prohibiting aid, which could assist people, from getting in. We have all read the harrowing stories of fathers watching their children fall off trees because they could not hold on any longer. I believe Ireland can take a lead role in this area. We must ensure a contingency plan is put in place by the UN with the agreement of all countries. Let us use the diplomatic approach and get agreement on how aid can be delivered to the area. It is horrific to think that aid stacked up in India, Italy and Thailand cannot be delivered to the people. With regard to the Irish Government’s response, I welcome the \1 million pledged by the Government and the Minister’s reference to the availability of the rapid response corps. The UN must consider the involvement of the rapid response corps in this regard. The situation is similar to the deployment by the EU of battlegroups. We can expand the concept here at home. There is a great sense of volunteerism in Ireland and people would be willing to sign-up to this. It would be great if we could send 50 health technicians with water tablets to Burma. The Fine Gael Party wholeheartedly supports the motion and sends it sympathy to the Bur- mese people. We condemn the current regime and plead with it to look at this crisis in a humanitarian way and to allow aid in to its citizens who are dying.
Deputy Pat Breen: I congratulate the Minister on his appointment as Minister for Foreign Affairs. It is obvious the crisis in Burma is escalating by the minute. Today we hear the Burmese authorities have isolated the cyclone disaster zone from the rest of the world. They have expelled foreign aid workers and put in place checkpoints along the roads of the Irrawaddy Delta. When Cyclone Nargis, which was packing 190 km per hour, hit Burma it was a catastrophic blow for a country already the poorest nation in South East Asia. This disaster is worse than 520 Burma Tragedy: 15 May 2008. Motion the 2005 tsunami and the full extent of it is hard to quantify. The military junta Government has admitted that the death toll has now reached 34,723, with a further 41,000 people missing. The Red Cross has reported today that the death toll has reached 128,000 with the UN reporting that 2 million people have been seriously affected. The aid effort is being hampered by the failure of the Burmese Government to allow the international community to respond. Only a trickle of international aid is reaching the 2 million people made homeless and only 35 flights have been allowed to land in Rangoon, one tenth of what is required. The logistics of getting aid to those most in need is not helped by the lack of experienced aid relief workers on the ground and is compounded by the country’s poor infrastructure. Much of the worst affected area along the Irrawaddy Delta is flooded, bridges have collapsed and roads have been washed away. Time is running out if we are to stop a greater disaster from happening, namely, the spread of diarrhoea and cholera as there is no clean drinking water or sanitation. More bad weather is on the way. The affected area of the Irrawaddy Delta is the rice bowl of Burma, the largest per capita consumers of rice in the world. This will have enormous impact on the supply of rice in Burma for the coming year. Thanks to the international media — we must praise their reporting of this disaster — many of whom have had to run the gauntlet of the military, the true extent of this disaster is becoming clear. Human rights activists in Bogalay claim the Government has given no effective help, that it was busy clearing streets where the ruling elite lived, leaving the rest of the people to fend for themselves. They also claim that regional commanders have been putting their names on the side of aid shipments from other countries, saying it is a gift for them and distributing it in their region. This means the aid is not going to the areas where it is most needed. We have all heard the grief stricken stories of survivors tinged with desperation as they struggle to avoid death themselves, for example, Ti Lin a farmer in the Bo Hin Hamlet, who has been looking for his wife and three daughters for six days or his neighbour San Po Thin who told of waking up to find his wife and two daughters washed away during the storm. An emergency meeting of EU development Ministers has agreed to support any initiative including in the UN bodies which would help to meet the humanitarian needs of the Burmese people. The EU Aid Commissioner, Mr. Louis Michel, landed in Yangon on Wednesday where he will be having discussions with officials for two days. He is also hoping to meeting with humani- tarian aid officials in the worst affected area. The Thai Prime Minister met with the Burmese Prime Minister, Thein Sein, yesterday who ruled out any significant foreign presence on the ground. As Deputy Timmins stated, it is extraordinary that in spite of the extent of the devastation in the aftermath of this cyclone Saturday’s referendum on a new constitution proceeded. I understand voting in affected areas has been postponed until 24 May. The Burmese Govern- ment should be distributing aid and issuing visas to international aid relief workers to areas badly affected by the cyclone. Some western Governments are of the opinion that aid should be distributed irrespective of the Burmese Government’s views. Others are of the opinion that western aid should be redirected through regimes which are considered friendly to Burma. The UN has promised that an envoy will be dispatched to Burma. As Deputy Timmins correctly stated, the UN has an important role to play in light of today’s news that the Burmese Government is forcing aid workers to leave the country. I tabled a parliamentary question to the Minister for Foreign Affairs, Deputy Martin, on Tuesday. I welcome his pledge of up \1 million for emergency relief. I would like to see an 521 Burma Tragedy: 15 May 2008. Motion
[Deputy Pat Breen.] even greater pledge from the Irish Government. Also, we must ensure the aid is getting to those who are in need. This is a humanitarian crisis and the Burmese Government must put aside its suspicions and allow the international community to respond. The humanitarian crisis is like none other before and we are being frustrated in our efforts to assist those who need our help. I appeal to the Minister to do everything in his power to support the UN in its efforts to ensure its envoy is allowed access to Burma. I sympathise with the people of Burma in this terrible crisis.
Deputy Michael D. Higgins: I welcome the opportunity to say a few words on the crisis in Burma. I join with others in offering my sympathy to the Burmese people. It is, however, much more important we offer them our solidarity. I welcome the Minister and wish him well in his new portfolio. I also congratulate the Mini- ster of State, Deputy Peter Power, on his appointment. It is important to point out that the Minister has started well in delivering a good speech on Burma. His speech has the merit of considerable directness and I congratulate him on it — may it continue. I have a couple of fundamental proposals to make as we move on. Also, I would like to pick up on some of the points made. In the most recent discursions on United Nations reform, in which the Minister’s predecessor participated as a special representative of the Secretary General of the United Nations, the concept of humanitarian intervention was brought to the fore. It is referred to in the Minister’s speech as humanitarian protection. This is crucial for us in the Da´il and challenges those of us who are spokespersons for foreign affairs. As the Labour Party spokesperson for foreign affairs, I title our policy “towards an ethical foreign policy” and this is important. With regard to where the concept of humanitarian protection comes from, some of the most original work at the level of the United Nations came from Dr. Sahnoun, the representative of the United Nations in Somalia during the now neglected tragedy there. Dr. Sahnoun addressed a contradiction in the United Nations charter. Countries sign up to the charter in an act as a sovereign country. Therefore, the moral dilemma one faces is whether such sovereignty can be used as an obstacle to the defence of human rights. One could take the discussion which took place in Vienna a number of years ago on whether human rights can be made universal. A great deal of work must be done on whether this should be on the basis of rationality, revelation, conflicts or sources of origin between the western world and Islam. More immediately, Dr. Sahnoun continued his work and raised the question as to whether sovereignty can ever be used to deprive people of the right to life and protection. Those of us who call our neutrality “positive neutrality” must accept that humanitarian protec- tion overrides any extreme version of sovereignty. This is the position I advise for my party and is the position contained in our documents. I am delighted the Minister raised this issue in his speech. It is something for which there is a legacy that moves on from Rwanda, goes through Darfur and is now present with regard to Burma. What were the alternatives? At the time of the Irish Presidency, another predecessor of the Minister in preparing for the ASEAN conference used the concept of constructive dia- logue. The suggestion was that through constructive dialogue the Burmese military junta which represses its people could be turned around. The argument was that if they were at the table they would listen to the arguments and their neighbours in ASEAN would be able to influ- ence them. At the time, I stated this policy was wrong. I did not believe the Burmese regime would shift and indeed it did not. The conditions in which Aung San Suu Kyi is held and the democratic 522 Burma Tragedy: 15 May 2008. Motion choice of the Burmese people have not fundamentally changed. We now have the obscenity, to which the Minister and Deputy Timmins rightly refer, of a constitution, which is far from it, being imposed on the Burmese people even at the worst time of tragic loss of life and great threats. One is left to consider what can be done. Two matters are important in the analysis. One is to construct a strategy which will continue past this crisis and the other is to handle the immedi- ate crisis. With regard to the latter, we must remember a second cyclone is threatened which may happen within 24 hours. Therefore, while people refer to loss of life through disease and contaminated water, the absence of shelter, malnutrition, various forms of hypothermia, the real danger exists of a second cyclone visiting the region. Where is there a glimmer of hope in the short term? It is probably through the initiatives of the Thai Prime Minister. The latest statements from the Burmese regime were that it would accept personnel as well as aid from neighbours such as India, Bangladesh and Thailand. The reality for those of us who may have briefly visited the region in the past is that the main bridge which connects Burma to Thailand is entirely silent. Aid could roll over that bridge at any time. The action of the Burmese generals in not allowing aid to move from Thailand is literally a savage act visiting death on their own people. It should never be forgotten. With regard to humanitarian protection, the need for reform of the UN is pointed out in the absolutely indefensible actions of China, with which I sympathised earlier in the week on its own disaster which also threatens to get worse. Its use of the veto to stop a significant resolution being taken by the Security Council on humanitarian protection is indefensible. We are left in an incredible position which is unacceptable to the international community whereby even the number of dead, threatened and at risk cannot be calculated. A wide division exists between the number of dead acknowledged by the regime and figures which pass 120,000 or 127, 000 from respectable bodies such as the Red Cross. The way in which issues such as this are handled is important. Statements made by the United States may not have been couched in the most appropriate language but any person who is regularly critical of aspects of the United States foreign policy must acknowledge they are the most important people with regard to air delivery of disaster relief. The suggestion that a ten person US disaster management team has not been allowed entry to Burma is outrageous. They are crucial with regard to logistics and the practical delivery of aid to remote areas. With regard to the world food programme, disturbing reports are flowing from ground level staff on the misappropriation of commodities such as high-energy biscuits. One set of news reports suggested the army took prime emergency food and replaced it with other food. It is important we have an immediate response. I accept the Government’s commitment of \1 million which it immediately stated was a first contribution. I welcome this and it is appro- priate. With regard to where our major contributions are made which was referred to in the Minister’s speech to the multilateral agencies, I am not obsessed with the detail of where Irish aid goes. I am totally in favour of the programme and I would like to make a suggestion. A debate on project expenditure led by NGOs versus State expenditure will bring us nowhere. A large resource of people could be assisted by giving short-term fellowships from Irish Aid to economics and engineering departments and particularly to postgraduate development studies and human rights departments. I confess my interest as I am an adjunct professor at the Irish Centre for Human Rights at NUI Galway. Short-term fellowships do not constitute an increase of the public service so they are not a continuing cost. It would provide practical experience in different cultures of issues such as operating food response and emergency, food security, recoveries of rural communities, for example after the tsunami, housing, governance at local level, political participation, enhancing 523 Burma Tragedy: 15 May 2008. Motion
[Deputy Michael D. Higgins.] civil society and post-disaster recovery. One could put people there for a year or two, thereby providing a combination of the best theoretical and academic work, for which others have responsibility, with practical experience. It would sit well with the welcome response unit on disaster relief. I make these suggestions in an attempt to be positive about how we can proceed. Where do we stand on moral suasion, which was suggested by way of, for example, the thimble full of honey and the bucket of vinegar? I believe we are past that point. It is very significant that Ireland’s international response is in partnership with Norway, which spends approximately 1.1% of its GDP on overseas development aid and is in the top three in the world. Norway has published an interesting White Paper on development, which is as near as we have been to a rights-based approach to development. Norway and Ireland are uniquely positioned to take initiatives in making a new demand relating to humanitarian protection. Two issues arise in this regard. Is there a human right to development, which is general? Is it possible to combine civil and political rights with economic, social and cultural rights? That debate will run on, but if the concept of the global community is about the right to live without threat, be that physical or related to food security, it can be grafted easily on to social and economic and cultural rights as the work of Professor Amartya Sen and others show, as well as the right to participate in one’s world without shame, which is emerging from studies in India and Bangladesh. Norway and Ireland could and should take an initiative. Parties in differ- ent parts of the world favour the strong unmitigated version of sovereignty and that debate must be pushed on. I have said repeatedly that it is an abuse of sovereignty to put up a shield and prevent rights from being vindicated. The same is also true in Zimbabwe and it is particularly true in Burma. An immediate multi- skilled demand, probably spearheaded by Burma’s neighbours, is needed before the weekend. A medium-term strategy is needed that considers a way of enhancing our institutional capacity and, more important, at international diplomatic level we need perhaps to take a new departure in making sure that we can respond not only to the likes of the Burmese tragedy but to any other equivalent scenario that might emerge.
Minister for Foreign Affairs (Deputy Michea´l Martin): I thank Deputies Timmins, Breen and Higgins for their contributions. I also thank them for their agreement on the fundamentals regarding the Burmese situation and the devastating impact of the cyclone on the country and its people. The debate has been constructive and informative. I again pass on the condolences of the Government, the Oireachtas and our people to the people of Burma-Myanmar, especially the families of the many thousands who died in the wake of the cyclone. We offer our solidarity and our continued assistance to the more than 1.5 million Burmese people who have been affected by the tragedy, as Deputy Higgins articulated. The enormous scale and destruction of the crisis has not been fully defined and detailed needs assessments have been hampered by infrastructural damage caused by the cyclone. It is agreed the relief effort has been hindered by man-made obstacles, specifically obstacles to access imposed by the Burmese Government. While improvements have been made on the ground in recent days, further delays in the provision of humanitarian relief cannot be counten- anced and no further time can or should be lost in meeting the enormous needs for food, drinking water, shelter, sanitation and medicines of the affected communities. Together with our EU colleagues, we call again on the authorities in Burma to take urgent action to facilitate the flow of aid to its people. They are in desperate need and must benefit in full from the relief offered by the international community. We are encouraging neighbouring countries to use their influence to ease the restrictions the Burmese Government has placed on the flow of international aid. We reiterate the recent call by the UN Secretary General for the Burmese 524 Democratic Process in Zimbabwe: 15 May 2008. Motion authorities to offer free and unfettered access to international humanitarian experts, including the expeditious delivery of visa and travel permits. While the Government made an initial \1 million pledge, we contributed generously per capita to more structured provisions put in place by the UN central emergency response fund and the Red Cross managed disaster relief emergency fund and this is the best benchmark to measure our overall response to such emergencies. It is a more structured approach, which emerged following the tsunami a number of years ago in order that the world community would be in a better position to respond more quickly in a co-ordinated and effective way which would have the greatest impact. I will take on board the comments of the Deputies and the issues raised, in particular, by Deputy Higgins, such as the moral dilemma. I accept his well argued position that sovereignty in its extreme form cannot be used as a basis for depriving people fundamental human rights and entitlements such as access to aid and the fundamentals of life. We are witnessing a funda- mental abuse in Burma, which cannot be condoned or countenanced in any respect. I will take on board his suggestions regarding fellowships and so on. We are open to such ideas to advance the overall pool of people engaged in these issues as the best way of advancing knowledge and learning expertise that can be subsequently used for the benefit of mankind. I appreciate the constructive engagement of my colleagues in the Oireachtas on this issue. I assure the House the people of Burma have our full support and encouragement and we will continue to work with our partners in the humanitarian community, in particular the UN, NGOs and the Red Cross, which are operating in Burma in immensely difficult and trying circumstances. They deserve great credit and praise for their work and they will continue to have our full support and encouragement in their efforts to save lives and rebuild the liveli- hoods of the affected people of Burma-Myanmar.
Question put and agreed.
Democratic Process in Zimbabwe: Motion. Minister for Foreign Affairs (Deputy Michea´l Martin): I move:
That Da´il E´ ireann, concerned at the deadlock of the democratic process in Zimbabwe following the elections of 29 March 2008, the reported widespread violence and the ongoing humanitarian crisis in that country:
— calls on the African Union and the Southern Africa Development Community (SADC) to lead international pressure for a democratic and peaceful resolution to the current crisis;
— supports the Irish Government’s efforts to raise the issue as a matter of urgency at international level and, in particular, with South Africa and with Irish Aid’s programme countries in the SADC (Zambia, Malawi, Mozambique, Lesotho and Tanzania);
— welcomes UN Secretary General Ban Ki-moon’s call for a UN role to resolve the crisis while the current democratic deadlock persists, and the active role being played by the EU;
— regrets the delays in completion of the electoral process in Zimbabwe which is only contributing to growing uncertainty and instability within Zimbabwe and the wider region;
525 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Michea´l Martin.]
— deplores the widespread reports of serious post-election violence in Zimbabwe, includ- ing killings, forced evictions, human rights repressions and threats, beatings and torture of opposition supporters, election workers, trade unionists, police, medical workers and all other individuals;
— stresses the urgent need for the ending of all such violence and for the creation of a political and social environment conducive to the peaceful conclusion of the electoral process in Zimbabwe, free of all intimidation and violence and guaranteeing full respect for freedom of assembly, movement and expression;
— calls for the broadest and most effective international observation in the event of any further rounds of voting and campaigning in Zimbabwe;
— welcomes the continuing assistance which Irish Aid is giving to the people of Zimbabwe and looks forward to supporting the reconstruction of Zimbabwe’s democratic insti- tutions and the protection of its economic assets; and
— looks forward to re-establishing warm relations with the parliament of Zimbabwe fol- lowing a successful democratic conclusion to the election process. All of us in this House are here on the basis of our democratic mandates by the will of the people we represent, freely expressed through the secrecy of the ballot box. Free and fair elections are the basis of our people’s faith in democracy. In the end, no matter what external forces may operate, it is their wishes that prevail. That is why all of us as democrats have been so appalled by what has happened in Zimbabwe over the past six weeks and why we are all determined, across party lines, to make our views clear and to contribute in any way we can to rectification of the situation. I am glad that it has proved possible to agree between us the terms of the motion I have read and that the House will speak with a clear voice on a matter about which the people of Ireland rightly care a great deal. The Government is deeply concerned at the grave and deteriorating political, economic and human rights situation in Zimbabwe. We support all efforts aimed at achieving an outcome to the electoral process which fully accords with democratic principles and Zimbabwean law. I am personally shocked by the reports we have received of organised, systematic 12 o’clock and vicious attacks on opposition supporters throughout Zimbabwe, above all in the period since the elections on 29 March. It is estimated that at least 20 people have been killed and approximately 7,000 hospitalised. What appears to be a new and appalling development is that many of those who have been brutally beaten and tortured have been prevented from seeking medical care afterwards, exacerbating their injuries. I applaud the courage the Zimbabwean people have shown in exercising their right to vote on 29 March. We in Ireland are fortunate in being able to take our democratic rights and freedoms for granted and it is humbling to see how much these rights are valued by the ordinary people of Zimbabwe. Despite the pervasive atmosphere of violence and intimidation, the elec- tion appears to have been conducted reasonably fairly. The publication of parliamentary results was effected reasonably swiftly. Then, of course, the long saga over the publication of the presidential results, a saga that would have been almost farcical were it not so serious, began. On 2 May, the Zimbabwean Electoral Commission, ZEC, finally announced results from the presidential election of more than a month earlier. Despite concerns about the underlying conditions in which the election took place, allegations of tampering with ballot papers during 526 Democratic Process in Zimbabwe: 15 May 2008. Motion the extended count process and the unacceptable delay in announcing the results, the results make it plain that President Mugabe no longer commands majority support in Zimbabwe. Parliamentary results, which were confirmed by a recount about which many were very sus- picious in advance, show that the Zanu-PF party of the president has lost its parliamentary majority for the first time since independence in 1980. ZEC has announced that a run-off of the presidential election will take place between Pres- ident Mugabe and Morgan Tsvangirai, leader of the Movement for Democratic Change, MDC. Although Zimbabwean law states that the run-off should take place within 21 days, as of today ZEC has not yet announced the date of this run-off. Every day that passes sees more brutality and intimidation by supporters of the regime against ordinary people in an attempt to sway the eventual result. I welcome the decision of opposition leader Morgan Tsvangirai to participate in the second round despite the conditions in which that vote is likely to take place. No matter how difficult the situation, for him to have decided not to stand would have left the field open to President Mugabe to claim a victory, however hollow. I believe that recent events have given rise to a strong sense of revulsion in the southern African region. Regional leaders who are striving to improve election standards and to promote the rule of law and protection of human rights in their own countries have been horrified by the behaviour of President Mugabe’s regime and the men of violence acting on his behalf. At a Southern African Development Community, SADC, summit in Lusaka last month, SADC leaders called for strict compliance with the rule of law and SADC’s own principles for the conduct of democratic elections. They also urged the government of Zimbabwe to ensure that any second round of the presidential election which takes place does so in a secure envir- onment. The level of popular disquiet across southern Africa was effectively demonstrated by the refusal of ordinary workers to deal with a planned arms shipment to Zimbabwe, which in the end could not be delivered. This Government fully supports the existing EU visa ban and asset freeze directed at key Zimbabwean leaders. The conclusions adopted by the General Affairs and External Relations Council on 29 April make it quite clear that the EU will consider adopting further measures against those responsible for directing and engaging in the current state-sponsored campaign of violence and intimidation. However, to be brutally realistic, the collapse of the Zimbabwean economy and the isolation of the Mugabe regime have greatly reduced international leverage on the Zimbabwean auth- orities. In these circumstances, those regional actors who have the greatest influence on Zimbabwe bear the greatest responsibility to act, perhaps South Africa most of all. Ireland and the EU have long supported the talks which President Mbeki of South Africa, on behalf of SADC, has facilitated between Mugabe’s Zanu-PF party and the opposition MDC party. Agreement was reached last year on certain constitutional changes and on updating the electoral register and if all the agreements reached had been fully implemented, this would have gone some way towards securing a level playing field for elections. It must be acknow- ledged that one outcome of President Mbeki’s mediation, the posting of election results outside polling stations, has helped to foil some of the efforts which have been made to distort the election process. Ireland and the EU continue to support the efforts of Zimbabwe’s neighbours to bring about peace and democracy in Zimbabwe and will judge their success on the basis of what they can achieve in practice. The political culture of the region means that much of what happens behind the scenes is not generally known publicly. We strongly believe that African leadership is the key to encouraging progress towards economic and political stability and we urge African 527 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Michea´l Martin.] leaders, not least President Mbeki, to live up to their principles and to shoulder their part- icular responsibilities. I know that many European leaders have been in contact with key regional leaders to convey the EU’s concerns at the highest level. Throughout the southern African region, local EU presidencies have conveyed the EU’s concerns to our government partners. Indeed Irish ambassadors throughout Africa have met with representatives of their host governments to explain Ireland’s position and to urge African leadership in support of democracy and the protection of human rights in Zimbabwe. We believe that the African Union can make a contribution to promoting the standards and principles on which Africa has chosen to base its future development. The Government also fully supports any further action that can be taken in the UN frame- work to bring positive influence to bear on the situation in Zimbabwe. The UN Secretary General has publicly expressed concern about the post-electoral situation and the prevalence of violence, as well as calling for the release of election results. The European Union continues to urge the Government of Zimbabwe to put in place the necessary conditions for a free and fair second round of the presidential election. These con- ditions include respect for freedom of assembly and of the media, as well as an end to violence directed against opposition supporters. International and national election monitors have played an important role in the Zimbabwean electoral process so far and I strongly support their presence on the ground going forward. Unfortunately, it is unlikely that the EU or the UN will be invited to send an electoral observation mission to Zimbabwe. President Mugabe has tried to negotiate about EU and UN monitors, setting as the price of their presence the lifting of targeted measures against himself and others responsible for the horrific violence of the past few weeks. I do not believe that the EU should give in to that kind of blackmail. It is appropriate that we once again make clear that the measures we have taken are not sanctions affecting the ordinary people of Zimbabwe, who have already suffered so much, but are aimed exclusively at those in charge. Being unable to deploy election monitors itself, the EU will work with regional organisations — the African Union and SADC — to ensure that the elections are in line with newly developed African best practice standards. The more international monitors deployed in the field, the better. Even the presence of election monitors, who will report back on what they see, can potentially act as a deterrent against violence and fraud. EU diplomats based in and accredited to Zimbabwe have also witnessed the conduct of the elections to date. Ireland’s ambassador to Zimbabwe travelled frequently to Harare throughout the election period. Once a date is set for the second round, I will again ask him to travel to Zimbabwe to witness the process. Doing all we can to support the best possible election process in the circumstances is just one part of preparing for policy change and transition in Zimbabwe. Without pre-judging the outcome of the presidential election, the MDC now has a parliamentary majority. The steady politicisation of whatever apparatus of Government has survived the corrosion of recent years means that there will be a need for the two main parties in Zimbabwe to work together in the national interest. Some have suggested a Government of national unity is the way forward. It is not for us, as outsiders, to prescribe what the most effective means of making progress will be, but certainly this would be one option, as long as it is not used as a way of circumventing the outcome of the elections. Looking beyond the election, regional leaders have a role to play in assisting and perhaps mediating in this process of transformation. International partners, including Ireland, will also 528 Democratic Process in Zimbabwe: 15 May 2008. Motion continue to support the Zimbabwean people until the foundations of their future development are well and truly laid. Adverse weather conditions, compounded by destructive Government agriculture policies and the collapse of other sectors of the Zimbabwean economy, have left many dependent on international aid. Irish Aid support to the Zimbabwean people has totalled \17 million over the past two years and, so far this year, \7.6 million has been allocated for the country. Much of this funding is channelled through UN agencies. Alarmingly, the UN has expressed concern that post-election violence is hampering the delivery of much-needed humanitarian assistance in parts of Zimbabwe. Ireland believes that real policy change in Zimbabwe, that is, economic management which leads to growth rather than recession, basic human rights and freedoms, the rule of law and meaningful democracy, is in the best interests of the Zimbabwean people. We stand ready to respond appropriately to policy change in Zimbabwe, to build on efforts made by any new Government to promote its people’s welfare and development. I know that all in this House agree that the Zimbabwean people deserve the opportunity — an opportunity which their country’s laws should guarantee — to choose freely who should lead their country and to have that choice respected. I am pleased to commend the motion to the House.
Deputy Billy Timmins: I support the motion before the House. Nothing epitomises the plight of the people of Zimbabwe more than the introduction last week of two new bank notes — a Z$100 million note and a Z$250 million note. Inflation is now running at over 150,000% and rising by about 120% every month. The IMF says that Zimbabwe suffers the highest rate of inflation in the world. A loaf of bread now costs about Z$80 million while a bunch of five bananas costs close to Z$100 million. The price of chicken rose more than 236,000% to Z$15 million a kilogram between January 2007 and January 2008. Slower increases in prices of sugar, tea and other basics bring down the average inflation rate to around 150,000%. This is ironic as well as tragic as Zimbabwe, a former regional breadbasket, is facing acute shortages of food, hard currency, petrol and most basic goods. Economic meltdown began with disruptions to the agriculture-based economy after the seizures of thousands of white-owned commercial farms began in 2000, accompanied by political violence and turmoil. Gross domestic product in Zimbabwe fell from about US$200 per head in 1996 to about US$9 per head last year. This is a shocking statistic. In the last three weeks, the value of the Zimbabwe dollar has gone from 45 million or so to the US$, to around 120 million. Approximately two thirds of the population face food shortages. The situation is now extremely serious and the immediate prospects of recovery are virtually zero without radical political change. Under other circumstances, Zimbabwe would have one of the most diverse and best-per- forming economies on the African continent. It is believed that 5 million Zimbabweans, mostly much-needed professionals and the young, have left the country. An estimated 3 million have sought refuge in South Africa, half of whom are illegal immigrants who face deportation daily. Tens of thousands of Zimbabwean citizens inhabit squatter camps, driven there from their homes by the so-called “Youth Militia”, President Mugabe’s thugs who move across the country in packs to terrorise people, often for little more than laughs. Zimbabwe’s economy remains heavily dependent on South Africa. The South Africans have been more sympathetic to the Zimbabwean Government than most of the international com- munity. All the major donors in Europe and North America have now suspended grants and 529 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Billy Timmins.] loans to Zimbabwe, further depressing economic prospects. The IMF has expelled Zimbabwe, as has the Commonwealth, which was formerly a valuable source of aid. Although Zimbabwe is a member of the Southern African Development Community and has signed up to the Common Market for Eastern and Southern Africa, these are of marginal assistance in current circumstances. Zimbabwe’s once-thriving trade patterns have been all but wrecked as the country has become isolated internationally. According to the Zimbabwe Association of Doctors for Human rights, ZADHR, there has been a dramatic increase in violence since the beginning of May, which is on such a large scale that is impossible to document the number of victims. Violence ranges from inflicting head injuries and severe soft tissue damage — particularly in sensitive areas of the body — to beating up pregnant women. One young breast-feeding mother had bilateral fractures of both hands and was unable to hold her baby to feed it. Many of the victims, especially in the rural areas, are not even being treated, as they have no access to health centres or are being denied treatment as health centre staff have been intimidated by specific state instructions to not treat victims of violence. Health workers are exhausted trying to deal with dwindling supplies and their own emotional trauma from Government threats. Much of the violence has been aimed directly against the opposition party or anyone in districts that voted predominantly for the opposition. In a BBC news report from rural Zimbabwe last week, Orla Guerin reported as follows:
At a remote homestead in an opposition stronghold, village elders described the command structure in their area...They told us the operation was run by officials from the ruling Zanu-PF party, and so-called war veterans, with the help of a senior army officer. The intimi- dation began at the top, with local chiefs, who then passed instructions down to village elders. ‘The chief’s headman told us the message from Zanu was go and tell the people to vote for the president,’ a village elder said. ‘If you don’t, you will see what will happen to you.’ This man knows only too well what to expect come election time. He says his home was torched and his wife was beaten back in 2002. At meetings called by the ruling party and its hench- men, explicit threats were made, according to an opposition councillor. ‘They told us that if President Mugabe lost in the run-off, there would be war,’ he said. ‘They said what happened during the war of liberation would happen again. There would be a second round of that.’
This is the mad world of Mugabe but Zimbabwe is a country that is slipping down the inter- national news agenda. The world’s media has moved on to the terrible natural disasters in China and Burma and I wish to take this opportunity to extend my sympathy to the Chinese authorities and people for the terrible tragedy that has taken place in that country. There is a danger that the political crisis in Zimbabwe could become a footnote to world affairs, a situation that would greatly please President Mugabe and his regime. We must all work together to keep international pressure on the Harare regime. The latest news bulletins from Zimbabwe suggest that the second round of the country’s presidential election has again been deferred, this time to 31 July. The international community expected the run-off election between Mr. Robert Mugabe and Mr. Morgan Tsvangirai to take place on 23 May. The omens for a successful election are not good. The ruling Zanu-PF party continues to refuse to allow international observers to oversee the run-off poll. Opposition candidate, Mr. Morgan Tsvangi- rai, has said he will only stand if international observers and media are given full access to ensure the vote is free and fair. The Zanu-PF spokesman says that Mr. Tsvangirai is free to return to Zimbabwe but he would not rule out the possibility that he might be arrested. Mr. Tsvangirai’s Movement for Democratic Change, MDC, party officials are complaining of intimidation and say that as many as 25 MDC activists have been murdered since the first 530 Democratic Process in Zimbabwe: 15 May 2008. Motion round of voting. The Roman Catholic Church in Zimbabwe has called for the African Union and the United Nations to supervise a presidential run-off election in that troubled country. In a statement issued ten days ago, the church said Zimbabwe’s electoral commission is neither neutral nor trustworthy. All the while Zimbabwe is a political limbo and its people continue to suffer away from the eyes of the world’s media. We all know that the solution to the political, economic and social crisis lies in free and fair elections, monitored by the international community. However, this is akin to the old adage of the mouse deciding to tie a bell about the cat’s neck. Nobody can force President Mugabe to behave in a democratic or even reasonable manner. One thing is certain; the resolution to this crisis should and must be regional. There should be African solutions to African problems. It is regrettable but western sanctions have proven to be largely symbolic and British and American condemnations of President Robert Mugabe are, if anything, counter-productive because they help him claim he is the victim of neocolonial ambitions. This is his main election tool. However, the international community, through the United Nations, must support the mediation efforts by the Southern African Development Community, SADC. At the same time we must accept that the SADC initiative is fragile and the organisation is beset by internal differences over how much pressure to exert to press Mugabe to retire. SADC needs to resolve these differences and this is all the more reason the international community should give SADC its full support. It is difficult to understand why President Mbeki of South Africa has so far failed to bring Mugabe to his senses. Mr. Mbeki has long excelled in diplomacy and it is his main strength. He was called on by Africans to head the effort that led to the departure of foreign troops from the Democratic Republic of Congo and to take the lead in Burundi to defuse the threat of a round of Rwandan-style genocide in that country. Not least, it was Mbeki who was chosen by the African National Congress to lead negotiations with the apartheid government that resulted in the release of political prisoners, the return of the exiles and the opening of final talks that led to the relatively peaceful South African miracle to bring full democracy to his country. To date, however, he has failed with respect to Zimbabwe. An internal solution could be possible. SADC, supported by the UN, must be allowed to monitor the holding of a presidential run-off between Morgan Tsvangirai and Robert Mugabe to break the 29 March electoral deadlock and facilitate a winner-takes-all outcome. Such a run- off is the most straightforward as it is a necessary step in terms of the Zimbabwean Electoral Act. Resolutions on the role of the United Nations in enhancing the effectiveness of the prin- ciple of fair and genuine elections and the promotion of democratisation have consistently been passed, almost unanimously, at the UN General Assembly. These resolutions deal with how the United Nations Development Programme helps countries conduct their electoral process. Assistance is granted only on request from a sovereign state and care is taken to ensure there is no encroachment on national sovereignty. Fine Gael wants Ireland to take a lead role in developing these resolutions to give a more authoritative role to the electoral assistance division of the United Nations. This can only be done through dialogue and consultation. Ireland is in an ideal position to be of assistance as we have neither colonial baggage nor economic interest in the regions requiring assistance. I do not support Mr. Tsvangirai’s often suggested boycott of the run-off under the claim that he won the first round on 29 March. The consequence would be to hand the presidency to the embattled Mugabe on a golden electoral platter. Another solution worth exploring is a nego- tiated 18 or 24-month transitional government to break not just the electoral stalemate, but also to resolve the cancerous political, economic and constitutional crisis that has dogged Zimbabwe since independence and particularly in the past decade. In the event of transitional 531 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Billy Timmins.] arrangements, Ireland should divert some of its \900 million aid package to Zimbabwe and make members of the rapid response corps available if required. I suggest the Minister should look at beefing up that corps because it will be called upon quite frequently in the months and years ahead. In addition, we must face up to the reality that one presidential election after 28 years of one-party, one-man rule will not necessarily provide an instant cure for Zimbabwe’s ills. Mugabe’s cronies in the judiciary, civil service and the army will almost certainly set about destabilising the democratic process and effectively make the country ungovernable. As the Northern Ireland peace process demonstrated, democracy and the rule of law can only truly flourish when extreme ends of the political spectrum are brought into the centre. I agree with the sentiments outlined by the Minister that we should not be subject to blackmail and that we cannot go easy on this regime. However, people in Mugabe’s regime must realise at this stage that the game is up and they may be looking for some way out of the situation. Influential members of the ruling Zanu-PF party in Zimbabwe should be assured that a rescue package would be put in place to shore up the shattered economy. I support the idea of relaxing sanctions against individuals within Zanu-PF who show an open and genuine commitment to engage in power-sharing talks and join forces to restore democratic governance. We must send the message that if they change their ways we would be willing to consider giving assistance and that they will not be left in isolation. That hope must be extended to them. There will be a need for a truth and reconciliation commission for black Zimbabweans along the lines of the initiative set up in post-apartheid South Africa. The situation is not dissimilar to the situation in Burma for which I outlined the need for contingency plans. I agree with and support the concept referred to by Deputy Higgins and the Minister that national sovereignty should not be supreme when dealing with humanitarian issues. I acknowledge that there is a difference of opinion between the Government and Fine Gael with regard to the triple lock mechanism. While I know he is not going that far, I am delighted to hear Deputy Higgins enunciate that the concept of the flawed system in the United Nations should not be permitted to prevent humanitarian aid being delivered to people. The electoral commission in Zimbabwe was set up under the auspices of the United Nations in 1989. On approximately 400 occasions, more than 100 states have requested assistance in monitor- ing elections. This assistance must be requested by the sovereign state. Over the years only one state abstained on this resolution. That UN policy must be strengthened so that new rules and regulations are not needed for each election. Ireland is in a position to take a lead in this regard as we have no colonial baggage and we have gone through the peace process in Northern Ireland. We could help strengthen this process so there is no need to watch election after election and be unsure as to the result. Fine Gael wholeheartedly supports this motion. I note several Deputies who have an interest in this subject, including the newly-appointed Minister of State, Deputy Barry Andrews, and the Leas-Cheann Comhairle, Deputy Brendan Howlin. Mr. Mugabe’s days are numbered and hopefully they will come to an end sooner rather than later, but we must look at putting in place an assistance model for the people of Zimbabwe to help restore them to where they were a few decades ago.
Deputy Michael D. Higgins: I wish to share time with my colleague who has experience in Africa of both a practical and a political kind, Deputy Joan Burton. I welcome the fact the House has been able to agree on a joint motion on Zimbabwe. In the ten minutes speaking time I have allowed myself I want to make a few points about the import- ance of this motion. 532 Democratic Process in Zimbabwe: 15 May 2008. Motion
It is very important that when we are discussing Zimbabwe we consider the full context. There is no doubt that when one looks at the Continent of Africa one can see the marks of the decolonisation project that are deep and injurious. We should allow ourselves for a moment to look also at the transition to black rule in Zimbabwe in the immediate post-independence era, one in which there were considerable broken undertakings given by Lancaster House and the British — the land issue being one example. I do not have the time to go into detail but for the militants who originally supported Robert Mugabe, or those who supported Joshua Nkomo, the expectation of land was significant. The former colonial power that was to have assisted the transition by the funding of land transfer, broke its promise and this is significant. I am not saying this explains any of the current actions but it is important to note it. Neither is it true to say that Ireland does not have a colonial connection with what was Rhodesia and is now Zimbabwe. I have often heard the extreme white anti-African argument made by people who are Irish. I acknowledge there are Irish people who wish to contribute to the post-indepen- dent Zimbabwe who are obstructed from doing so and this is a great tragedy and a great loss to the people of Zimbabwe. It is important to remember there is nothing essentially African about the situation in Zimbabwe. Africa is not a crisis-prone continent. It is very various in its experience and in its capacities. It is also important to realise that Robert Mugabe is not typical of Africa. There is nothing essentially African or cultural about anything that has happened. What has happened has been a clear abuse of power that has visited widespread horrific damage on the people of Zimbabwe. It has moved from conditions where it produced a food surplus. In the last studies of the period 2000-05, there was an increase in agricultural production in many of the west African countries of over 10%, some 80% of it brought about by smallholders, many working with a hoe. Zimbabwe, on the other hand, along with a number of countries, including, unfortu- nately, Malawi and other similar countries, had zero or decreased growth in agricultural pro- duction. There are issues of food security and food production and the economy which has fallen into chaos, which are all important in terms of the hardship being visited on ordinary people. The drift of people from their rural holdings to the city, the destruction of what were called unauthorised ghettoes and so forth has been done with absolute ferocity and with no respect for human rights or law. The biggest single issue facing us is whether the run-off in the final stage of the election will be able to take place in conditions of peace and non-violence. The Minister’s speech and others point immediately to the loss of life that has occurred, the intimidation, the injuries, the forcing of people into exile and the use of intimidation and thugs to effect the right to vote freely. I repeat what I said in the previous motion, no model of sovereignty justifies what is taking place in Zimbabwe. As I said in my previous contribution it points to the need for such activity at the level of the United Nations, by way of an initiative to eliminate the Security Council bloc towards taking the kind of UN monitoring initiatives that are clearly necessary. I remain deeply disappointed by the activities of South Africa so far in terms of Zimbabwe. It was very late in the list of atrocities committed by Robert Mugabe that one senior Minister from South Africa made comment. It was not the South African Prime Minister and it was not from the top. The South African Government may say privately they were new people on the block and so felt inhibited commenting on somebody who had been a leader and throwing off the shackles of colonialism. That does not justify inaction in any sense. Following what I hope will be a peaceful run-off of the election — although I am not optimis- tic — in regard to the recovery of the Zimbabwean economy and the social distribution side of that economy, an entirely new model, quite different from the IMF model or a bank-funded model will be necessary. It is interesting that in 2007 the World Bank has acknowledged that it neglected agriculture as an important tool of economic transformation in Africa. It is also 533 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Michael D. Higgins.] true that the imposition of macro economic models from the top had the effect of making insecure the seed programmes and the micro credit that had existed. This, together with the refusal to allow people to impose tariffs to allow local food to be produced, as well as the obstruction of subsidies for fertiliser and so on, have all worked against the livelihood of ordi- nary people of Africa. We will have other occasions, I hope, to discuss this issue, particularly when we move on to WTO talks in Geneva or elsewhere about the need for an integrated approach. This agreed and important motion is one that stresses the use of our contacts in Southern Africa, particularly with the aid community with whom we have a relationship. In regard to the importance of election observation, I urge the new Minister for Foreign Affairs to ask his colleague Ministers in the European Union and those outside it to look differently at election observation. I have repeatedly said that the academic work in this area shows that 70% to 80% of all the abuses in elections take place in the registration process, either in the refusal to allow people to register, as is the case in many countries, or in intimidation. For example, in some countries women were not allowed to get an identity card which stopped them from going on the register. There is a need for a comprehensive approach to election observation that will be long term and will be at the beginning of the process. What is important now, unique to some extent and particular to Zimbabwe, is an international presence that will ensure some form of protection against intimidation. This, probably, can be best achieved by the regional bodies and would be particularly good if South Africa upped the ante and invited countries such as Ireland and others to provide election observers. I would urge our Government to tell the South African Government and the SADC that it is willing to provide international observers for the run-off. I fought for the right of parliamentarians and former parliamentarians to be involved in the election observation process and I have done it myself in a number of different places. I actually see the business of arriving for polling day and for the count for a few days afterwards as quite minuscule; it is gestural rather than real. It is another area outlined in my previous proposal to the Minister for Foreign Affairs. We should have lots of fellowships on real election observation linked to the civil process so that people are given the right to organise their parties. This is already happening through the Olof Palme institute from Sweden and through several different foundations where parties are enabled to come into existence, get organised, deal with the media, be democratic and so forth. We should take these worst of circumstances as an oppor- tunity to set up new models so that we can make an effective contribution. I say that in a non-partisan way. I assure the House it is based on my own experience in Cambodia, Africa and elsewhere.
Deputy Joan Burton: I thank my colleague, Deputy Michael D. Higgins, for generously sharing time with me. I welcome the motion. Zimbabwe, that most beautiful of African coun- tries, with its wonderful people has a wonderful capacity to recover, if its friends, within Africa and in the rest of the world, come to its assistance. It is a fertile country, has an enterprising people, and a capacity for tourism and food production. We correctly condemn the monstrousness of President Mugabe’s regime and what has emerged. The root causes of what happened in Zimbabwe, alongside his personal and political failings, lie in the fact that when Mugabe came to power he immediately set about, to the general applause of the world, making sure people could read and write and that a minimum access to a rudimentary public health system was made available. When the IMF started its process of decimating public services in developing countries Zimbabwe was among the first areas to take a hit. Unlike the South African Government after apartheid, President Mugabe 534 Democratic Process in Zimbabwe: 15 May 2008. Motion borrowed to fund public services, for which his government was severely punished by the International Monetary Fund. I disagree with Deputy Timmins to the extent that the Lancaster House agreement left to one side the issue of land redistribution to poor African farmers, the majority of whom are women who feed their families and send their small surpluses to market. It is not good enough for white farmers in South Africa and Zimbabwe to suggest they can have 3,000 acres or more while the 100 to 500 African farmers who live on these large estates can have less than one quarter of an acre per head to grow a few rows of maize and tomatoes. Many of these farming families have six or seven children. The Irish experience was raised. Ireland’s experience in this regard was wonderful because we addressed the land issue in a reasonable and politically acceptable manner, first in the 19th century through the 40 shilling freehold and, second, in the post-independence through the Land Commission. We should discuss this model with Africans because one cannot secure peace in Zimbabwe without land reform. I attended the civil society part of the Lancaster House conference with the late Sea´n McBride, a former Minister for Foreign Affairs. It was clear to all the participants, as has been clear in Kenya recently, that we need to arrive at a settlement. President Mugabe will go and a new government will be formed. I have great confidence in the ability of the people of Zimbabwe to overcome the current nightmare and start afresh. The Government and European Union need to be realistic about a land settlement. More than ever, leadership is required, particularly from President Mbeki of South Africa who, hav- ing been around this course, needs to show courage, as does his Government, by doing not only what is politic, but also what is right. In return, the Government and European Union should acknowledge the significant economic burden South Africa is bearing in sheltering within its borders millions of illegal immigrants, many of whom are effectively refugees.
Minister of State at the Department of Foreign Affairs (Deputy Barry Andrews): This issue comes before the House at a sad time for Zimbabwe. The Oireachtas has shown considerable interest in that country for the past ten or 11 months and many Members, including the Mini- ster, have outlined the problems the country faces. I propose to make a few observations. The Association of Western European Parliamentarians for Africa, AWEPA, has a very active Irish section and Deputies and Senators from all sides recently attended a meeting in the House to ventilate their concerns about Zimbabwe. The problems of Zimbabwe resonate with many Irish people for several reasons, including the land issue it faces and other issues outlined by Deputy Burton. As the Minister indicated, much of the problem surrounding land was resolved prior to independence. The pre-independence Land Acts do not bear comparison with the current circumstances in Zimbabwe because many landowners here were absentee landowners. Reform was introduced here on the basis of an understanding that 50% to 70% of tenants and the landlords agreed with the changes. This approach would be ideal for Zimbabwe. Half of the land of Namibia is owned by 4,000 white farmers. One of the reasons it is very hard to achieve a settlement in the region is that many of the regional leaders look up to President Mugabe as one of only a few freedom fighters left on the stage and a leader willing to tackle the issue of land ownership, albeit in a highly cynical, illegal manner which is in defiance of human rights and the democratic process. Nevertheless, President Mugabe appears to be well liked among South African Development Community leaders. Having placed all our eggs in the SADC basket, the organisation has effectively come up short. Its one achievement in the period preceding the elections on 29 March was in introducing a requirement that results would be posted outside polling stations. As a result, the outcome of the parliamentary election was to some degree fair. 535 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Barry Andrews.]
AWEPA takes a great interest in events in Zimbabwe. I also pay tribute to NGOs in Ireland which are highlighting the issue, specifically Troca´ire, which has been excellent in relaying to Members information obtained from its workers on the ground, and Amnesty International, which has hosted a number of events around Dublin, including plays and independence day celebration in April. This active interest in Zimbabwe is reflected in the fact that the motion is the second resolution to come before the House on the issue. While many countries are suffering hardship, Zimbabwe resonates for the simple reason that many people have sympathy with its people. It is difficult to determine where we go from here. Initially, AWEPA intended to highlight the issue of Zimbabwe and the country featured prominently in news reports during most of April. However, it has fallen off the news agenda and no longer features in media reports. Unfortunately, media interest wanes and the life cycle of news stories is short. This story has withered on the vine, which means it is now a matter of political will. Governments and organis- ations such as AWEPA must show an interest and ensure the issue stays on the agenda of the Council of Ministers. The long period between the election and the run-off between the presi- dential candidates in late July suits President Mugabe. I am sure he hopes the international media’s lack of interest will allow him to continue to practice the type of transgressions against electoral procedure that has guaranteed his presidency for so long. Zimbabwe is in a bad position. Straightforward measures need to be taken after the election. The International Crisis Group recommended a regional solution, arguing that regional leaders in SADC and the African Union should exert influence on the Zimbabwean Government. This approach has been disastrous. The ICG also stated that in the event of the elections being rigged and an unsatisfactory outcome achieved, as appears to have been the case, we should consider reviewing the current sanctions regime. Current sanctions are limited to a travel ban on Zanu-PF Party members and a ban on financial transactions. Unfortunately, both measures have been ignored and it is widely reported that senior figures in the Zanu-PF Party are outside the country and financial transactions continue. Neither measure has been successful and the sanctions have not influenced the political structure. The European Union must, at some point, make a clear statement that it will seriously consider divestment. Ireland has taken a clear position on divestment in the area of cluster munitions. Information available to me shows that certain companies are supporting the regime through activities in Zimbabwe. By guaranteeing foreign exchange, they enable the regime to survive. The European Union must indicate a willingness to take action on divestment. We must also offer hope to people in the MDC. I am sure their morale is at a very low ebb as the issue drifts out of the international media. We must let them know we support them and that we will be there if they succeed in taking over power by the end of July. We must make it clear we will offer assistance in a reconstruction programme. I mentioned before the idea of a Mar- shall plan-type reconstruction. There is an opportunity for Irish Aid to consider whether Zimbabwe might become a programme country along the lines of Malawi. However, that is entirely a matter for Irish Aid. I worry about South Africa’s role because President Mbeki is on the way out and his suc- cessor as leader of the ANC, Zuma, is facing fraud charges so its interest in and attention to Zimbabwe will be fairly limited. As was mentioned, the Irish Ambassador to South Africa did excellent work up to and after the election. The dangers faced by people like the ambassador were made clear by the arrest of the UK ambassador in the past week when he investigated reports of intimidation and 536 Democratic Process in Zimbabwe: 15 May 2008. Motion human rights abuses. I commend the Irish ambassador on his work. I also commend Richard Downes on his work during the election. He sent back reports in difficult circumstances. Even some of the MPs who were elected have been arrested. Eight MDC supporters were murdered in the past week and 32 have been killed since March. There is a ban on MDC rallies in Harare. I have very grave concerns about SADC’s ability to respond. On the issue of aid and how successful it can be, I am sure the new Minister of State with responsibility for that will reflect on the balance between aid and good governance. The more one looks at the issues surrounding development in Africa, the more one is convinced that without good governance, aid is, to a large extent, being wasted. I know that governance is part of the Irish Aid project but a debate probably needs to take place on the extent to which governance should be the lead issue. I commend the motion to the House.
Deputy Pat Breen: I am delighted to have an opportunity to speak on this important debate, to which good contributions have been made so far. Good contributions were also made to the debate on Burma this morning. As Deputy Burton said, Zimbabwe is a beautiful place. I was in Zambia a few years ago and I went to the border with Zimbabwe where I saw at first hand what a beautiful place it is. Unfortunately, it has been plundered by the Mugabe Government over the years. My diocese of Killaloe under the late Bishop Harty had a mission in Zimbabwe and I knew a priest, Fr. Pat O’Neill, who served there for a number of years. He told me the Zimbabweans were beautiful people and were easy to work with but were impoverished. Prior to the EU-Africa summit held in Lisbon last December, Fine Gael tabled a motion urging the Taoiseach and the Minister for Foreign Affairs to signal the country’s protest at the events in Mugabe’s Zimbabwe. Indeed, we highlighted the human rights abuses and warned the international community that we could no longer sit by and allow the situation to continue but, unfortunately, since then the situation in Zimbabwe has become more volatile. As the Minister of State, Deputy Barry Andrews, rightly said, the media move on to other events even though what is happening in Zimbabwe continues. That is unfortunate and we should continue to focus on what is happening there. The elections took place on 29 March and the entire election process was dogged by delays and recounts. Several recounts were ordered to fill the 210-seat House of Assembly. The results were eventually announced one month later. The official results gave the opposition Movement for Democratic Change 105 seats and Zanu-PF 93 seats. The presidential result gave the oppo- sition leader a 47.9% to 42.1% victory over Mugabe but, unfortunately, that was not enough to avoid a run-off. These delays and recounts have led to claims of vote rigging and electoral fraud. There is much suspicion, distrust and accusation. The MDC has frequently complained of intimidation and has said that at least 25 of its supporters have been killed since the first round of elections and hundreds have been forced from their homes in rural areas. There were also claims of “ghost voters”, something with which we are not very familiar. In the middle of the election process, the International Transport Workers Federation was told of a ship laden with arms which it refused to unload. That ship was heading for Zimbabwe but, thankfully, common sense prevailed, the ship was turned back and an immediate crisis was averted. Nevertheless, reports of post-election violence are widespread. On Tuesday last, the Zimbabwean journalists association reporting on the visit of some western diplomats from the UK, the US, Japan and the Netherlands reported that many of the victims interviewed said they had been assaulted by the military and Zanu-PF supporters for contributing to their party’s defeat on 29 March. At a Salvation Army Church, authorities said 537 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Pat Breen.] they were overwhelmed by the large number of people who had been injured as a result of political violence and skirmishes. That shows the level of intimidation in Zimbabwe. We have seen pictures in the international press and in our national newspapers of the injuries caused to the ordinary people of Zimbabwe. The chief medial officer reported that he had treated 24 people in the past week and that one had died. After the tour of hospitals and a torture camp in Mashonaland Central, these diplomats said Zuna-PF was responsible for the violence. According to the Zimbabwean association of doctors for human rights, 21 people have died and 900 have been tortured in post-election violence. Incidentally, members of this western diplomatic group, including the UK Ambassador, And- rew Pocock, were detained when they tried to investigate the violence. The situation is very sad. Reports claim Zanu-PF is clinging to power with the support of the police and the army. Some human rights groups claim a slow motion coup is under way in Zimbabwe with security forces exerting even greater sway. The efforts of independent monitors have been singled out by Mugabe’s Government with a number of foreign journalists and Zimbabwean civil society activists detained by police. What will happen next in Zimbabwe? Both leaders must face one another in a new poll. It remains to be seen whether this new poll be different from or fairer than the last one. Unfortu- nately, there are no international observers. The UN has not been invited to oversee the elec- tions. That shows that these elections will not be fair. There has been a clamp-down on opposition supporters and that will make it much more difficult for them to go out to vote again given that so many have been intimidated and injured post the election. People are frightened and fear for their lives. While the opposition leader will start as favourite, all things being equal, fear of violence will affect the outcome. On Tuesday last, the opposition leader met Lesotho’s Prime Minister in Maseru in an attempt to put pressure on South African summit leaders to demand that Harare stop what he calls a political campaign of violence. However, at the weekend he announced he would participate in the run-off against Mr. Mugabe, provided the vote was held, as the law 1 o’clock requires, 21 days from the announcement on 2 May of the result of the first vote. This is a brave move by the opposition leader, Mr. Morgan Tsvangirai, given the fact he has almost been exiled since the election because of fears for his life. The chairman of the electoral commission has announced that the 21-day period is a very ambitious target so the question of a run-off is up in the air. A deepening humanitarian crisis is looming in Zimbabwe, as has been said by many speakers. The economy is collapsing and unemployment stands at 85%. It has the highest rate of inflation in the world, at 160,000%, and political turmoil is crippling the country. As the former United Nations High Commissioner for Human Rights and former Uachtara´nnahE´ ireann, Mary Robinson, said, this vicious circle of human rights violations that leads to conflict, which in turn leads to more violence, must be broken. It needs to be broken by the international community for the people of Zimbabwe. The Irish Government has been helpful in providing international aid for Zimbabwe. In 2006 and 2007 it gave \17 million and already in 2008 a further \1.1 million has been disbursed, with additional assistance planned for the future. Our contribution is channelled through UN agen- cies such as the World Food Programme and UNICEF, as well as local and international NGOs which are doing a great job. The Government must use every available channel to exert press- ure on south African leaders to send a team to Zimbabwe to investigate the violence. The Minister for State, Deputy Barry Andrews, has a great interest in this area and before he became Minister of State he played an important role, as did my colleague Deputy Timmins. 538 Democratic Process in Zimbabwe: 15 May 2008. Motion
If Mr. Mugabe does not allow the international community to investigate this crisis maybe South Africa will have a better chance of convincing him and South African mediation is the best way forward. If the run-off proceeds, independent electoral monitors must be allowed to oversee the election and the Minister must make this point forcefully to his EU counterparts. The people of Zimbabwe made a powerful statement on 29 March and there is now an onus on the international community to respond rather than stand by and do nothing while the same thing happens again.
Deputy Rory O’Hanlon: I congratulate Deputy Michea´l Martin on his appointment as Mini- ster for Foreign Affairs and wish him success. I also pay tribute to my neighbour, Deputy Dermot Ahern, for the excellent work he did as Minister for Foreign Affairs. When I was growing up there was a world war in Europe which killed 60 million people. When I look at the problems around the world today I am reminded of how Europe was able to settle its difficulties, having devastated itself for 1,000 years. We now have the European Union of 27 member states, only seven of which have a long history of democracy. Today the European Union — while I recognise that the record in Africa was not great — is committed to peace, democracy and the rule of law. It is always very sad to see trouble spots around the world and Zimbabwe is a case in point. It is sad to think Zimbabwe was one of the most successful countries in Africa a generation ago but suddenly has gone into decline. The reason for that decline is President Mugabe and the destructive policies of the regime he has led. Life expectancy is 34 years, the lowest in the world, and 2,500 people per week die from AIDS. Some 4 million people have fled the country and inflation is running at over 100,000%. The World Food Programme feeds 3 million people there. In addition, there is torture, repression, violence, intimidation, evictions and executions in every province in Zimbabwe. This morning, the Minister for Foreign Affairs, Deputy Martin, referred to the fact that people who have been brutalised are not allowed medical care so it is a very serious situation. Chris McGreal, a correspondent with The Guardian, wrote on 10 April:
The patients at Louisa Guidotti hospital said there were eight men, one carrying a shotgun, another with an AK-47, others with pistols, and they went from bed to bed forcing out anyone who could walk. Nurses were dragged away from the sick. Motorists driving by the hospital, 87 miles north east of Harare, were stopped and taken from their cars. About 70 people were gathered in the grounds. Then the lecture began. “This is your last chance,” said one of the armed men. “You messed up when you voted. Next time you vote you must get it right or you will die.”
Later in the article, he writes how the men said they would make an example of anyone supporting MDC, the opposition party, and asked the people to point out who they were, but no one did. Mugabe, he writes, has unleashed Zanu-PF militia shock troops. Davidson Maru- ziva, editor of The Standard, was arrested on 20 April for publishing an article by one of the breakaway MDC groups and this is totally unacceptable to anybody who lives in a democracy. Human rights are fundamental and we must all stand up at all times to champion them. The recent elections in Zimbabwe have precipitated a further crisis. The violence and intimi- dation that helped deliver perverted election victories to Zanu-PF three and six years ago were absent from the presidential and parliamentary ballot on 29 March, which Mugabe lost. Now those practices appear to be returning with a vengeance. There are concerns about people voting who might not have been entitled to vote, people who did not vote because they were 539 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Rory O’Hanlon.] not on the register, their names having been removed, and people who had fled the country. That leads to some suspicion. The democratic rights of people must always be respected, particularly at election time. If people go out to vote, and they queued for many hours to exercise that right in Zimbabwe, they are entitled to the result so it is appalling that the result of the presidential election has not yet been announced. I happened to be in South Africa in 1994 for the first democratic election. It was run in an excellent fashion and despite all the difficulties such as the lack of an electoral register and the fact that people had no identification, the election was very successful and brought about the result for which the people wished. It is unfortunate we do not see the same in Zimbabwe. Good governance is essential for democracy, to show respect for the people and ensure there is a proper standard of living and people do not live on subsistence, as they do in Zimbabwe as a direct result of mismanagement of the economy by Government. We want an immediate end to repression, freedom of movement for observers and the media and a fair and free election process. Most influence rests with the African countries. President Thabo Mbeki of South Africa has an important role to play. The South Africans recognised there is a crisis. It is to the credit of the South African dockers that they refused to unload arms from the Chinese ship An Yue Jiang. It is important that every country in the world uses its influence to stop the export of arms, not just to Zimbabwe but to anywhere there is trouble and they are likely to be used in a civil war. The Southern African Development Community has a role to play, as has the African Union. The motion commends the Government’s efforts to move forward in finding a solution. Ireland has never been a coloniser. On the contrary, we have a long association with Africa, particularly through the work of the missionaries for over 100 years and the work of Irish Aid. The immediate concern is a satisfactory outcome to the election. I would like to see observers from Europe present. Hopefully there will be a change of regime and then we must all work together to end poverty, improve health services, provide further education and rebuild Zimbabwe’s economy. There is a major role for all the countries of the world, particularly the developed countries, the World Bank, the UN and the EU. No doubt Ireland will play its role. I am delighted we have a united voice in this House in condemning what is happening in Zimbabwe and calling for a return to the democratic process.
Deputy Dan Neville: I welcome the opportunity to support the motion on Zimbabwe, which faces a deepening political crisis marked by state-sponsored violence against opposition party supporters. Following the 29 March presidential and parliamentary elections in which the oppo- sition won control of parliament and won more votes in the presidential contest, the Govern- ment unleashed a nationwide campaign of violence against opposition groups. At least 32 sup- porters of the Movement for Democratic Change, MDC, have been killed while more than 700 have sought medical treatment, 6,700 have been replaced and more than 1,000 have been arrested. All signs point to the situation worsening rather than improving, with the Government using violence and intimidation ahead of the run-off presidential election announced by the Government. Zimbabwean President Mugabe has never been so close to losing power and appears willing to use all means available to physically beat his opponents into submission. As the international community considers its response to the complex crisis in Zimbabwe, the first order of business must be to stop the violence and all international effort must be applied to doing so. The EU and Ireland must engage diplomatically with African leaders to discuss a common way forward and put pressure on the regime to end the violence. To prevent an escalation of the violence and a degeneration into state-sponsored mass atrocities, as we have seen previously under President Mugabe’s direction, the international community must 540 Democratic Process in Zimbabwe: 15 May 2008. Motion also act to ensure a legitimate, democratic government is seated in Zimbabwe. International diplomats should co-operate with African leaders to develop a plan of incentives pressurising Mugabe to leave and an alternative plan should he defy the democratic will of Zimbabwe and remain in power. Has the Irish Government been active enough since this House’s all party resolution on Zimbabwe on 4 December 2007 to support fair and free elections and promote human rights and democracy in Zimbabwe? We might well ask what little Ireland can do but we must remember that Mozambique and Tanzania are two of the most major recipients of Irish aid. Both of these SADC countries wield great political influence in the region and in Zimbabwe. The Irish Government should use this diplomatic opportunity to raise as a matter of urgency the issue of Zimbabwe in its diplomatic contacts with these countries. I congratulate the Irish Association of European Parliamentarians for Africa and its secretary Mr. Simon Murtagh on the efforts the association has put into raising the issue of human rights in Zimbabwe. There is no room for complacency, especially as political violence increases in Zimbabwe. We were recently told by the Zimbabwe Association of Doctors for Human Rights that 22 people have been killed and 900 tortured in political violence in the past four weeks alone. Zanu-PF’s losses in the 29 March election were unexpected given that the ruling party’s history of vote-rigging made an opposition victory extremely unlikely. In January of this year President Mugabe backed out of South African mediation talks with the MDC and announced plans for a snap election just two months later, indicating he was absolutely confident he would win that election because the MDC was reeling from internal divisions that split the party and produced competing MDC candidates in many electoral districts. Everything was set for Pres- ident Mugabe to win that election but political violence, corruption and gross mismanagement of the economy proved Zanu-PF’s undoing. In the past three years many Zimbabweans resorted to the barter system after six-digit inflation left the Zimbabwean dollar nearly worth- less. Starvation hit rural areas while fuel shortages and dwindling imports of spare parts brought transportation to a standstill. Unemployment was conservatively placed at 80% and even office workers in the capital city ate one meal a day and walked out of their jobs because they could not afford transportation. Yet Zanu-PF was so convinced of the MDC’s weakness that it called an election despite the crumbling state of affairs. This miscalculation was evident from an early stage. Independent estimates confirm that the leader of the opposition defeated President Mugabe in the presidential elections by winning approximately 50% of the total vote, the number above which a run-off election would be unnecessary. To its credit the MDC will contest the run-off elections but there is widespread scepticism that the second round of presidential elections will be held before the Zimbabwean Government’s latest deadline of 31 July. This will give more space and will allow President Mugabe and his forces to further militarise the situation, victim- ise his opponents, seek to win the election through violent means and ensure there are not free and fair elections in Zimbabwe. We must insist on the resumption of peace and the broadest possible international observation of any second round of voting in Zimbabwe right across the country’s 232 constituencies, including the most rural, before any round of voting can be regarded as legitimate. The key to the legitimacy will be the acceptance by the Zimbabwean Government and President of international observance of the elections, as has happened in many other African countries down through the years. Where are the international envoys who could bring about a compromise solution in Zimbabwe, as happened in Kenya? Calls by the UN Secretary General Ban Ki-moon and former UN Secretary General Kofi Annan should be supported by all. Massive diplomatic intervention represents the last best hope for peaceful resolution of the crisis in Zimbabwe. The alternatives, either a bloody power struggle or another Mugabe term, are almost too horrible to 541 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Dan Neville.] contemplate. Both would lead to further violence in a nation long past the point of economic collapse and on the verge of state failure. If no agreement on Mugabe’s exit can be reached the prospect for an internally driven end to the crisis are slim. When constitutional amendment No. 18 was approved in October 2007 allowing parliament to elect a successor in the event of the President’s death, incapacitation or retirement, many analyses predicted Mugabe would transfer power and use the Zanu-PF dominated parliament to rubber-stamp his choice of suc- cessor. Now the Zanu-PF party has lost control of parliament Mugabe cannot hand pick his successor as he had intended. This increases the chances that he will choose to serve out his six-year term if he can utilise the current campaign of violence to successfully manipulate the presidential election outcome. Alternatively, Mugabe could choose to throw Zimbabwe into greater chaos by seeking to utilise presidential emergency powers to dissolve parliament and hold new elections in an effort to secure Zanu-PF dominance. Given the MDC’s strength in the March election, such a move would throw Zimbabwe into greater chaos. In fact, Mugabe could only rig Zanu-PF dominance in parliament by waging another massive campaign of violence. Meanwhile the economy will continue to implode. Economic progress is predicated on Mugabe’s removal and the return of democratic institutions to Zimbabwe. Foreign investment will not return until investors see political stability and more favourable economic policies. It is Zimbabwe’s zero hour, a period that will be spoken of for generations as either a time when the region united to support the will of the people or a missed opportunity that led to thousands of deaths and a failed state. The road ahead is difficult but extraordinary times call for extraordinary measures. Regional leaders must publicly recognise gross abuses of law by Zanu-PF and develop an African solution to an African problem by applying a focussed press- ure on Mugabe to leave side-by-side with meaningful incentives for a solution. The West should provide support for this effort but be prepared to take strong action should the pressure fail to materialise and Mugabe fail to leave power.
Deputy Tom Kitt: I am happy to participate in this important debate on Zimbabwe. I have an association with Zimbabwe that dates back some years. In the late 1980s, following my election to Da´il E´ ireann, I was invited by the European Parliamentarians for Africa, AWEPA, a good organisation which has been mentioned by Deputy Neville, to visit Zimbabwe and Zambia for an international meeting on apartheid in South Africa. My colleague and good friend, Deputy Brendan Howlin, attended also. If AWEPA did nothing else, it brought all the Members of this House of like mind on human rights and development together and brought us to various meetings abroad where we met other fellow European parliamentarians. It was a fantastic initiative by AWEPA, and it is still working. It is important to point out that AWEPA is still very active here. At the time, Nelson Mandela was still behind bars in prison. Representatives of the ANC from South Africa and SWAPO from Namibia, and all the freedom movements, were present at our meetings in Harare and Lusaka. I have maintained contact with many of these down through the years and some of the ANC representatives have gone on to become Ministers. Presidents Mugabe of Zimbabwe and Kaunda of Zambia dominated proceedings. I suppose they were larger than life figures. They were then revered and respected leaders of the struggle for freedom in South Africa and there was a great sense of expectation around at the time. They made a striking impression on me at the time. Zimbabwe was then a relatively free and open society, as was its economy. It had a fine reputation, as the House will be aware, for food production in the region. One could sense its 542 Democratic Process in Zimbabwe: 15 May 2008. Motion great potential. It has a lovely climate, and agriculture and tourism were obviously areas with strong potential. Years later I returned on an official visit with then President Mary Robinson to experience a more repressive authoritarian regime with a major emphasis on security for the Zimbabwean President and his Government. Effectively, it was a much darker place. In 2002, when I was Minister of State for Foreign Affairs with responsibility for overseas development, visiting Zambia I managed to slip across the border to Zimbabwe to witness a most troubled, stagnant and impoverished country. It was so unlike the Zimbabwe I had first experienced, which had been a beautiful, content and peaceful country with the richest of culture and climate and the warmest of people who greeted us on so many occasions, as Deputy Howlin will remember, with their songs and their dance. I rise to speak on this motion because it saddens me greatly that this once beautiful country is in ruins, that its people are suffering desperately in a country with a worthless Zimbabwe dollar, six figure inflation and 80% unemployment, and most importantly of all, where their basic rights of freedom of expression and the right to vote in a free and fair election have been denied. This Da´il already passed a motion on Zimbabwe on 4 October last and as the then Chief Whip, I was glad to facilitate that debate. In welcoming this motion, I believe the time has come for robust political and diplomatic action at UN level, and especially at EU level, while the current diplomatic deadlock persists in Zimbabwe. Especially, I support the view that there is urgent need for the broadest possible international observation in the run-up to and during the next election. The leader of the Movement for Democratic Change, MDC, Mr. Morgan Tsvangirai, has decided to return to fight the next round of elections but the international community cannot stand aside and allow elections to proceed without a major observer presence from abroad. What is required is a definite date to be agreed by the electoral commission, and which has the support of the international com- munity, since any further delay will give the Zimbabwean Government and militia time to rig the voting and carry out more atrocities and attacks on the opposition supporters. It is most worrying to learn about the targeting of teachers who served as polling agents in opposition supported areas by ruling party thugs. The Da´il should today call for greater leadership from the Southern African Development Community and encourage and commend leaders such as Zambian President Levy Mwana- wasa, whom I met during my visit there in 2002, to increase and intensify their diplomatic efforts. We need more regional leaders like the Zambian President to stand up for human rights and human dignity. That is what it is about. I was impressed with the Zambian President and I commend him for the leadership he has shown. An international observer mission involving a strong EU dimension is essential over the weeks and months ahead and Ireland, because of its strong links with Zimbabwe, especially, as we saw when we were there, through our missionary involvement and our reputation inter- nationally in promoting human rights, should be centrally involved in any such observer mis- sion. I would be happy to participate in any such observer mission, if such arrangement can be facilitated. We should work closely with the Southern African Development Community to bring this about. I agree with Deputy Michael D. Higgins who stated earlier that we should let it be known that we in Ireland are willing to participate in any such observer mission. I appreciate what has been stated earlier, that we have not been invited, but that is simply not good enough. There must be ways around this and we must work strenuously at EU level to ensure an observer mission is put in place, not only for the election but also beforehand. 543 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Tom Kitt.]
According to recent reports, violence is now on such a scale that it is impossible to properly document all cases. On Friday last, Harare hospitals and clinics treated 30 people for broken limbs. Many innocent people have been killed and tortured. This House should be very con- cerned that a number of ambassadors to Zimbabwe were detained by police two days ago as they tried to investigate the violence inflicted on Zimbabwe’s rural population since the election last March. It is most worrying that many people are suffering in rural communities, but nobody is there to witness what is happening or to protect those people. The initiative of this group of diplomats, which included the US and British ambassadors, is to be applauded. These ambassa- dors unearthed a lot of disturbing evidence of violence in rural areas and their courageous efforts demonstrate the urgent need for a strong international presence of observers in the country. There is some political reluctance across Europe to take on Zimbabwe because of the post- colonial baggage involved. However, because of its history, especially in dealing with the land question, Ireland is in a unique position to raise the human rights abuses that are taking place. Just as we campaigned internationally against the apartheid regime in South Africa, so too must we apply equal standards and stand firm against repression in Zimbabwe. We stand in solidarity with the South African dockers who refused to unload arms shipments from China destined for Mr. Mugabe, thus saving further bloodshed. Ireland has strong links with Africa, especially southern Africa. Our ambassador to South Africa has visited Zimbabwe on a number of occasions. We have a strong presence in Mozambique and Tanzania, two SADC countries which can bring strong pressure to bear on Mugabe. I know from personal experience that Zimbabwe has enormous potential economi- cally, especially in agriculture and tourism. It is essential that Irish Aid continues to assist the people of Zimbabwe but we must redouble our efforts at national, EU and UN levels, working closely with SADC to ensure that a democratic election process is put in place. We must make every effort to have an international presence. We have a strong association with Zimbabwe and we should make it clear that Ireland is willing to be involved in an observer mission. I would be very happy to participate in such a mission.
Deputy Brendan Howlin: I speak in this debate as a friend and supporter of Africa. I regret that we often have to focus on the negative issues on that wonderful Continent, populated by such wonderful people. I speak as vice-president of AWEPA, the body of European parliamen- tarians who support Africa and who have done so for more than 20 years. I also speak as an optimist for Africa and for its future. In a period of gloom and pessimism, it is important that we acknowledge that there have been many shafts of light and hope about Africa. The NEPAD process is a structured African programme for economic and social development, and for co-operation between African countries. Many of Africa’s woes have been caused by the aftermath of colonialism. The boundaries of the African countries were arbitrarily drawn by Europeans. In the NEPAD process, under the auspices of the African Union and the Pan-African Parliament, it is only now that new structures of co-operation to overcome that artificial division are being put in place. There are important elements in the Pan-African Parliament and African Union processes, such as the peer review mechanism. Under this mechanism, the human rights records of differ- ent African countries can be scrutinised by other African countries setting their own standards, rather than by western countries or former colonisers. We did something similar over 50 years ago, when the Council of Europe set out the European Convention on Human Rights. There are also several regional bodies, such as SADC, the Southern African Development Com- 544 Democratic Process in Zimbabwe: 15 May 2008. Motion munity. SADC is a force not only for economic and social good but for ensuring that human rights can be vindicated within the southern African region. Deputy Tom Kitt mentioned visits he and I made to Africa many times over the years. In one of our earlier visits, we interacted with SADC and we met the youthful general secretary of that organisation, Mr. Simba Makoni. It is interesting to note that he went on to become a finance Minister in the Zanu-PF Government, but became so disillusioned with the decline under Mugabe that he broke away from Zanu-PF and offered himself as an independent candi- date in the most recent presidential elections in Zimbabwe. These are signs of hope amid the doom and gloom. However, there are very deep clouds of doom and gloom that must be mentioned. Central to a sustainable future for Africa is political stability based on democratic principles that root out corruption. I am an optimist and I believe that is a process that is under way in Africa and it is something we must support. Deputy Kitt and others referred to the lack of baggage of Ireland. We can approach Africa without a colonial tradition, with only goodwill in our hearts and with no ambitions to seize political influence or resources, unlike many of the international forces and countries at play in Africa. Support for democracy and transparent economic management is a fundamental requirement for future progress in Africa. We can spend countless billions of euro in developing agriculture and physical infrastructure, but if we do not have stable, political governance that is transparent and is not fundamentally corrupt, we are going nowhere. There are really big challenges across Africa. The AIDS pandemic is real and ongoing. It has been successfully tackled in some countries, such as Uganda, but it has had a devastating impact in sub-Saharan African countries such as Zimbabwe, Botswana, South Africa and Malawi. The impact of global warming on Africa will require an unprecedented degree of co-operation as it will bear down dispro- portionately on developing countries. Zimbabwe was a beacon of hope and expectation for a new type of society that allowed different races to come together to build a new country and a new economy. Unfortunately, that hope and expectation is being cruelly crushed by the activities of an individual for whom I once had great respect, Robert Mugabe. Unfortunately, he has turned into a power-grabbing megalomaniac. He has brutalised his own people and turned his political movement into an instrument of oppression in his own country. We are all aware of the current situation. The outcome of the first round of the presidential election is unknown. A tally of the posted figures across the country do not square with the subsequent posted figures of the electoral commission. Where do we stand now? Notionally, there is to be a second round. After much debate, the Movement for Democratic Change and its candidate, Morgan Tsvangirai, have indicated they are willing to participate in the second round but there are those who believe there will be no second round. Yesterday, we saw the Zimbabwean justice Minister extend the limit for the second round of presidential voting until 31 July, overruling the limit set by Zimbabwe’s elec- toral Act. There are many who believe that the constant delay in announcing the result in the first place and the pushing back of the second round is allowing a regime of oppression to rob the election and not allow the true opinion of the Zimbabwean people as to who should be the president to be heard and fully vindicated. The international community has a responsibility to ensure the will of the Zimbabwean people is heard. Deputy Higgins referred to observation and the need to examine the whole registration process from start to voting, rather than sending people in a few days before the election. That must be done in a structured way. We must expend energies as a parliament, with colleagues in the EU and Africa, in achieving proper oversight of elections. 545 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Brendan Howlin.]
In the earlier debate on Burma we discussed the fundamental issue of the extent to which national sovereignty overrules the rights of the international community to vindicate human rights. While we respect the national sovereignty of every country, it was respect for national sovereignty that allowed totalitarianism to develop on our Continent. We need international rules and the post world war structures of the UN have hopefully set us on another course where international law will apply. We must make it clear that those who are perpetrating atrocities will be held to account, that there will be no impunity, that the International Criminal Court will apply and that those who are acting against their people will be held to account in the court of international justice. My colleague previously spoke about the land issue — I wish I had time to deal with that. I acknowledge the role Tro´ caire played in the Lancaster House talks process. The issue of land distribution, which was not concluded in the Lancaster House talks and was to be funded on the basis of the willing buyer, willing seller principle agreed at Lancaster House, was never funded by Britain. This has caused some of the issues that oppress us. We have a unique opportunity as a country that was not a coloniser to set moral standards and build allies to ensure that the wonderful Zimbabwean people have their rights vindicated and that the cruel tyranny of recent times is lifted from their shoulders.
Deputy Ciara´n Cuffe: I propose to share time with Deputy Mary White. There is an urgent need for the Zimbabwean electoral commission to set a date for the presidential run-off vote. The role of the Southern African Development Community, SADC, is crucial to ensuring pressure is put on the Zimbabwean Government to hold the election within weeks rather than months. The last time we discussed Zimbabwe was six months ago. At that time I stated that inflation was 1,700% and unemployment was 80%. Within the past six months, inflation has risen to 150,000% and unemployment to 92%. Matters have become dramatically worse within the past six months and there are major concerns. I am concerned that the deputy information Minister, Bright Matonga, has said that under the Electoral Act the election could be delayed for up to 12 months for logistical reasons. That sets the alarm bells ringing. The escalation in violence is a cause of great concern and UN spokesperson Michelle Montas has warned that the increase in incidences of violence could soon reach crisis levels. The Zimbabwean Association of Doctors for Human Rights has reported 22 deaths and widespread torture within the past four weeks. Human Rights Watch has called it state-sponsored violence and the military has been involved directly and indirectly through the provision of arms and transport. The key phrase comes from the UN Secretary General, Ban Ki-moon, who has called for the next phases of Zimbabwe’s election to be free and fair. These terms are crucial to the next weeks and months. I am concerned about reports of attacks on farmers and their workers in the past month. The inherited knowledge of husbandry of the farmland of Zimbabwe is being lost within a short period. It was lost 20 years ago but within the past year the violence, riots and seizing of land has meant the loss of established farm practices, a note of major concern to us all. In addition, the fast-track land resettlement programme implemented by the Govern- ment of Zimbabwe post-2000 has led to serious human rights violations. An extract from the Human Rights Watch report of 2002 stated:
Once some sort of stability has been restored, and violence ended, the competing claims of commercial farmers, farm workers, new settlers, and the state to land must be arbitrated by an impartial tribunal with authority to adjudicate disputes over land and allocate title 546 Democratic Process in Zimbabwe: 15 May 2008. Motion
fairly. The international donor community should give generous assistance to efforts to ensure a sustainable settlement to the land question in Zimbabwe.
On this island there is a precedent for the allocation of land. Throughout the 20th century the Land Commission operated and it allocated land to the less well-off in Ireland in a fair and impartial manner. We can look back on a relatively honourable and trustworthy body’s history in resolving the challenge of a post-colonial era. Ireland can bring its knowledge of the Land Commission to Zimbabwe. As one post-colonial country to another, I hope we can find a role to give the knowledge and extend the hand of friendship through the Department of Foreign Affairs. I hope the new Minister of State at the Department of Foreign Affairs with responsi- bility for overseas development aid, Deputy Peter Power, will use his skills and talent to bring the knowledge we have in Ireland to Zimbabwe. The new conflict resolution unit is up and running and could play a role in assisting him to allow Ireland to play a strong role in leading Zimbabwe to peace once more.
Deputy Mary Alexandra White: I am delighted and privileged to speak in the House. Over many years when I was a student we had family and friendship ties to Africa. Many of us who have experienced those ties have developed a deep friendship with African people. It is with a sense of great sadness that I speak on this motion. I spent many years as a bookseller, reading books about Africa, particularly the great novels of Karen Blixen who described the wonderful African people of Zimbabwe, Kenya and Uganda. I also read Thomas Pakenham’s book The Scramble for Africa, which tells the bloody history of colonisation and what happened to proud people under that colonisation. The current political situation is of major concern to us in the House. The recent decision to allow the presidential run-off to occur as late as 31 July is worrying, as are comments by the deputy information Minister that under its Electoral Act there is leeway to delay the election for a further 12 months for logistical reasons. The world is watching and waiting for Zimbabwe to embrace more open and democratic processes. The world is impatient for this to happen. The Electoral Institute of Southern Africa, EISA, which works for fair elections, human rights and good governance, sent observers to monitor the elections on 29 March. It stated that the unnecessary and inexplicable delay of the announcement of the presidential poll results has led to frustration, suspicion and anxiety among the contesting parties. We know this is a fact; we know also that voters and people watching are in a state of simmering tension. It is apparent that the lack of transparency and escalation of politically motivated incidents of violence and intimidation in the post-election phase may not be conducive to a peaceful atmosphere ahead of any run-off. It is stated that the unexplained closure of the ZEC national command centre before the announcement of the presidential results raises serious concerns regarding the credibility of the tabulation process, the integrity of the election materials and, the reliability of the results. We acknowledge that progress has been made in some areas regarding a more peaceful environment for elections in Zimbabwe to take place, spearheaded by SADEC and the South African President Thabo Mbeki. I support the motion which calls on SADEC to lead inter- national pressure on Zimbabwe to complete the electoral process fairly and to resolve the current crisis peacefully. I will conclude with the following quotation:
Once to every man and nation comes the moment to decide. This is Zimbabwe’s moment to pursue the path of democracy and to show the world that Zimbabwe can choose an open and democratic way forward. 547 Democratic Process in Zimbabwe: 15 May 2008. Motion
Deputy Bernard J. Durkan: I, too, am glad to have an opportunity to speak on this important and pertinent issue which has engaged the world community for some considerable time. Despite this engagement, however, little or nothing has happened. In fact, Zimbabwe has slipped further into the mire in terms of the shackles it has imposed upon itself. It is sad that a man like Robert Mugabe, who set out with such high ideals and aspirations and who captured the imagination of his people, has allowed his vision to become blurred with the passage of time. This is not the first time in history this has happened: it has happened to many other people and in many democracies. Much can be learned from these experiences. I agree with Members who referred to the possible corollary with the Irish situation in terms of land distribution. The structures introduced here in post-colonial era could be usefully applied in Zimbabwe. However, they may not work because for reasons of political expediency it was felt there could be but one outcome. It is tragic that wealth and resources have been squandered in such a way as to leave people hungry and a country vulnerable. The moral of the story of course is that one can destroy all one’s resources on the basis that those who have them should not have them and thus render them no good to anybody, in which case everybody starves. I speak today in the presence of Deputy Michael D. Higgins who having been around the track several times is now an expert on these issues. How many times have we spoken on such subjects in this House? We have, during my time in this House, bemoaned what has happened and led protests nationally and internationally in this regard. However, nobody in the countries concerned cares. There are several examples of this. If the internal situation takes on an impetus of its own and it is recognised that outside intervention is unlikely to occur or, that if it does occur, it will be of negligible impact, it will not be possible to get overall agreement. A classic comparison is Slobodan Milosevic. His strength lay in the fact that he knew there could be no unity of purpose among 2 o’clock his neighbours in terms of how to deal with him. He knew that the UN was helpless and could do nothing in that situation and that he was in full control. The same situation applies in respect of Zimbabwe. Everybody knows that despite the best will in the world including, in the African union countries, nobody has been able to force President Mugabe to recognise that the manner in which he was leading his country was wrong. No one could persuade him that the way in which he was heading was the wrong way to go and that it could bring only disaster for his people, black and white. Several members spoke about international intervention by way of a peace corps supported by a Chad-like group. This proposal should be favourably considered. If nothing happens, the situation will degenerate to such an extent it will result in even more open conflict which in turn will lead to outright civil war and prolonged slaughter as has happened in several other countries. A resolution will at the end of the day be found and peace will be restored. It is sad that this is how things work. In the opinion of many, the world has not made much progress in terms of how we address these issues. I do not know how effective aid can be particularly if we cannot get the aid to the people for whom it is intended. If we cannot divert aid to those for whom it is intended, then of what benefit is it? On the other hand, we cannot withhold aid until such time as there is in place a structure that will deliver it in the manner we want. We are caught; we have a problem. Deputy Brendan Howlin and others referred to the health situation in Africa in general. We must bear in mind the need for proper, organised and co-ordinated health support systems. By whom these systems are delivered is becoming more important as time goes on. We all continue to table parliamentary questions in respect of issues in Africa in general. It is a particularly sensitive spot in terms of denial of simple and basic human rights. As time passes, this denial 548 Democratic Process in Zimbabwe: 15 May 2008. Motion can often develop to the extent that the perpetrators of injustice become completely impervious to international opinion and it in turn becomes totally paralysed by virtue of the fact that without direct and controversial intervention nothing can happen. There the whole tableau stands. Ireland has a particular expertise, knowledge and history of involvement in peacekeeping and, in more recent times, peace enforcement. It is generally recognised outside of this country that we have an expertise above and beyond that which is available elsewhere. We must recog- nise this and try to develop our resources in this area with a view to getting involved. Ministers for Foreign Affairs have repeatedly stated that whenever they receive a request they always consider it favourably. I fully accept this. Mention was made of stability, which is important. I do not know how stability can be achieved in a situation such as this. Reference was also made to the UN. I do not know to what extent the UN is likely to be influential in organising recognition of authority or world opinion. I do not believe anything will happen there. The next question is who else matters. Controversially, the EU is accused in some quarters of becoming militaristic, bureaucratic and colonialist in its outlook. I reject that entirely. However, the European Union collectively and its member states individually have an important role to play. It is a modern society with a population of approximately 500 million and that is a considerable lobby in anybody’s book. It can and should use its influence collec- tively and if it does, it will have an impact. It has been brought to the attention of the Joint Committee on European Affairs, of which I am Chairman, that the European Union has responsibility in this area and should use its influence. Developing countries where human rights abuses are taking place, notwithstanding their particular situations and the fact that no country wants to encourage intrusion by others, should recognise and observe the moral authority of the international community. When the inter- national community puts up its hand, it is for a good reason. This reason has been well and truly established and I hope this debate will have a beneficial effect and the European Union and the UN or a combination of all will be able to become positively involved.
Deputy Charlie O’Connor: I welcome the opportunity to make a brief contribution to what I consider to be an important debate. I acknowledge the presence of the Minister of State, Deputy Tony Killeen, and I wish him well with his new duties. Reference was made by Deputy Brendan Howlin to AWEPA, the body of European parlia- mentarians who support Africa, of which he is vice-president and of which I am proud to be a council member. It is important to put on record the approach AWEPA has taken on this issue. Not only has it been active on other issues relating to the African Continent, but in the past six months it has taken a particular interest in the crisis in Zimbabwe. I wish the new Minister of State, Deputy Andrews, well in his role. He took the lead on our behalf in the discussion we had on this matter in the Da´il in December, when a number of Deputies raised concerns about what is clearly a serious issue. Matters have deteriorated since then. It is right that we pay particular attention to matters in Africa. All of us in the House have issues and problems in our constituencies and our own challenges as far as the national debate is concerned. Ireland has always taken a particular interest in the African Continent. I have often stated that I come from a generation in which I had no idea where Africa was, but I always brought the penny into the nuns at the school I attended nearby on Clarendon Street. Those days were a long time ago, but I had a notion of what was going on without understand- ing and I have kept this interest throughout my community and political life. 549 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Charlie O’Connor.]
I had the opportunity to visit Zimbabwe twice 13 or 14 years ago when I saw the situation for myself in what was a different era. I also remember corresponding with the then Prime Minister of Rhodesia in 1964, making remarks even in my young days about the country as I saw it. I received a great deal of propaganda from his office and department on the issues I raised. Here we are, a couple of generations later and, as other Deputies, including the previous speaker, stated, matters are not improving but are getting worse for the poor people of Zimbabwe. Deputy Michael Kitt paid particular attention to all these issues in his short term at the Department of Foreign Affairs. Yesterday, his successor, Deputy Peter Power, made the point that urgent humanitarian crises such as those in Zimbabwe and other places would be top of his agenda. I was glad to hear that. The subject matter of our previous debate this morning was Burma and the situation there upsets me very much. What is happening in Zimbabwe is worthy of the attention we are paying it. There is no question that all of us understand democracy. Three years ago, I had the opportunity to be an election monitor in Ethiopia with the former Senator Fergal Browne. We saw people almost fighting for their votes. They were up first thing in the morning, queued in sweltering heat and went without food and water for hours on end. I came home believing this was a major lesson for me and for all of us. In many democracies, and Ireland is no different, people take their democratic rights somewhat for granted. Perhaps on a day like this we should consider focusing on this. The people in Zimbabwe are being denied many of their democratic rights. It beggars belief that several weeks after the presidential elections, the situation has been allowed to deteriorate. We now know that not only are the ordinary poor people of Zimbabwe suffering but last Sunday The Observer reported that the Zimbabwe Association of Doctors for Human Rights stated 22 people died and 900 were tortured during the past four weeks. The main opposition party, the MDC, claims that more than 30 of its supporters have been killed over the election period. I cannot get my head around this. The abuse of human rights in Zimbabwe must be strongly condemned by the international community. I do not want to upset any other democracy but we should point fingers at other African nations. South Africa, through its administration and relationship with Zimbabwe, should be more proactive in trying to solve these problems. Reference was made to the role Ireland can and does play. Ireland’s reputation in African countries is such that we should take a strong and proactive role as far as the crisis is concerned. We should be insistent with South Africa and other countries which benefit from Irish Aid, such as Zambia, where I visited, Malawi, Mozambique, Lesotho and Tanzania. I hope the Minister of State will convey this sentiment to the new Minister for Foreign Affairs, Deputy Michea´l Martin. I believe the Minister will take a keen interest in these matters because Ireland is no longer isolated as far as these issues are concerned. We should send a clear message to these admini- strations that we expect them to do more than they are doing. I do not believe they should stand idly by and allow what is happening in Zimbabwe to continue. President Mugabe will not lose any sleep because of me criticising him or challenging him to do something. We should be clear in condemning what it is happening because it should not be permitted in a democracy in this day and age. The poor people of countries like Zimbabwe suffer and this must be addressed. I examined many of the issues in Zimbabwe in recent days. Many reports have circulated about post-election political violence in Harare and other areas. This should be not be tolerated 550 Democratic Process in Zimbabwe: 15 May 2008. Motion by the international community and the squeeze should be put on those who should be doing something about this. As Deputy Durkan said, I hope this is not a toothless debate and I hope what we are doing here will be duplicated in other democracies. We should send a strong message that not only are we discussing this problem, we want action taken. If action is not forthcoming in the short term, I hope our Government and other European governments will outline what they will do while trying to balance the action they are prepared to take with the understanding that the poor people of Zimbabwe must be their top priority. The Minister for Foreign Affairs should discuss this with his EU colleagues. Where human rights abuses and difficulties with food supply are established, they should be addressed. All those who have contributed are sending a clear message that this situation is no longer sustainable. The international community should not tolerate what is happening in Zimbabwe. I call for urgent action and an end to this. I hope that clear message will emanate from this Parliament and that other democracies will follow the Irish example and speak out about what is happening while seeking effective action.
Deputy Arthur Morgan: I welcome the motion, which Sinn Fe´in will support, and I congratu- late the Members who put the issue on the Da´il agenda. My party welcomes the acknowledge- ment of the importance of the African Union and the South African Development Community taking a lead in the search for a peaceful solution. Zimbabwe’s history of colonisation and oppression at the hands of Britain means it is all too easy for the Mugabe regime to opportun- istically represent protests from European or American governments or organisations as “west- ern imperialism”. Zimbabweans have suffered at the hands of western imperialism for long enough.
Deputy Billy Timmins: They are still suffering.
Deputy Arthur Morgan: However, I am disappointed no room was found in the motion to commend the efforts of ordinary workers in South Africa and Mozambique on their actions in support of human rights in Zimbabwe. Dock workers in the South African Transport and Allied Workers Union refused to unload a weapons shipment bound for Zimbabwe at the end of April and the International Transport Workers Federation was decisive in preventing Mozambique being used as an alternate destination. More than 3 million rounds of ammunition and thousands of rockets and mortar bombs contained on a Chinese container ship would have ended up on the streets of Harare and other towns being used against members of the political opposition or innocent civilians. Knowing this, low paid dock workers chose to take a stand in solidarity with the people of Zimbabwe and they should be recognised for it. I support the call by the Irish Congress of Trade Unions for the immediate release of the president of the Zimbabwe Congress of Trade Unions, Mr. Lovemore Motombo, and the sec- retary general, Mr. Wellington Chibebe. The release of all people who have been imprisoned for non-violent political activity should be part of what the Da´il demands. The attempted arms delivery is all the more ominous in the context of increasing levels of violence and oppression. In recent weeks raids were carried out on the headquarters of the Movement for Democratic Change, MDC, and the Zimbabwe Elections Support Network, which deployed local observers during the recent elections. Children aged as young as 11 were caught up in the raids. The MDC stated 32 of its supporters have been killed in post-election violence, with eight dying in the past few days. The UN stated earlier this week that “incidences of violence are occurring in the communal, farming and urban areas and there are indications that the level of violence is escalating in all these areas and could reach crisis levels”. Yesterday diplomats from a number of countries were stopped by police at a roadblock on the edge of the capital, Harare, on their 551 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Arthur Morgan.] way to visit hospitals where victims of the violence were receiving medical treatment. Police threatened diplomatic staff during the stand-off. We need to provide what support we can to the African Union and the other organisations mentioned in the motion to ensure a peaceful outcome. I welcome the acknowledgment in the motion of the work being done by Irish Aid in Zimbabwe. Sinn Fe´in particularly welcomes the suggestion that we should look to aid the reconstruction of Zimbabwe’s institutions and the protection of its economic assets. I recall Deputy Barry Andrews, who has since been appointed a Minister of State, making a similar point a number of weeks ago at an event in Dublin to mark Zimbabwean independence. He stated, “The EU needs to have some sort of Marshall Plan ready for Zimbabwe” once the political situation is calmer. I agree with him but I would like to sound a note of warning. We have witnessed in recent years examples of aid being distributed by wealthier nations in the aftermath of both natural and man made disasters. In a number of cases, for example, in the aftermath of the Asian tsunami in 2004 and the rebuilding of Lebanon following the defeated Israeli invasion in 2006, these disasters were used to push an economic agenda. IMF aid to Lebanon was dependent on changes to the country’s social security and energy sectors. All parties in the House will agree we have no wish for strings like this to be attached to any aid to Zimbabwe. The human rights violations highlighted in the motion take place against a backdrop of extreme economic hardship for ordinary working class Zimbabweans. Credible estimates put inflation at 14,000% at the end of 2007. Compulsory school fees have been increased a number of times, thus denying children their right to education. Underfunded health services were struggling to deal with demand long before the latest outbreaks of violence. Staple foods such as rice and maize are in short supply and the World Food Programme estimates 4 million Zimbabweans are in need of food aid, which is almost the equivalent to the population of this State. This estimate was made prior to recent rapid increases in food prices in the developing world. There have also been reports of food being used as a political weapon by Mugabe supporters. In the run up to the first round of elections, areas perceived to be supporting the opposition were discriminated against in accessing cheaper maize controlled by the state-run grain marketing board. I pay tribute to the actions of organisations in Zimbabwe such as Women of Zimbabwe Arise, which have peacefully taken to the streets to protest against these kinds of economic hardships and the political chaos that contributes to it. Men and women in Zimbabwe who stand up for their political and economic rights in the face of a brutal police force and a controlled media display a rare courage in doing so. I regret that, in applauding the work of governments and NGOs in opposing human rights abuses in Zimbabwe, no space could be found to commend those Zimbabweans who face these human rights abuses every day of their lives and continue to stand up for their people. Many lose their liberty for it and all too many lose their lives. The Government and Irish Aid will continue to play the positive role they have played to date but more could be done. For example, there would be merit in taking the cross-party consensus we have achieved in the House on the motion to the Oireachtas Joint Committee on Foreign Affairs. I propose the committee give serious consideration to inviting human rights organisations such as Amnesty International or representatives from Irish Aid or other aid organisations on the ground in Zimbabwe to give us the benefit of their advice on what we can practically do to assist the people of Zimbabwe. Perhaps the new Minister for Foreign Affairs would undertake to consider the report of such a meeting. With the support of all parties here today, this motion will undoubtedly pass. However, I am sure those here with me will agree 552 Democratic Process in Zimbabwe: 15 May 2008. Motion that fine speeches and the passing of motions should be accompanied by action and I suggest that action is needed now.
Deputy Sea´n Ardagh: I wish Deputy Michea´l Martin well in his new position in Government as Minister for Foreign Affairs. I also congratulate Deputy Peter Power and wish him well on his appointment as Minister of State with responsibility for overseas development at the Department of Foreign Affairs. The motion we are discussing today is very timely and I am delighted to have the opportunity to comment on it. Many Members have already outlined the violence and abuse of human rights that has occurred and continues to occur in Zimbabwe at the moment. Under no circum- stances could anybody but agree with the sentiments that have been expressed by all sides in the House. I would like to have a quick look at the history of Zimbabwe. In 1880, which is close to when Cecil Rhodes arrived in Zimbabwe, Ireland was at a position where the Land League under Michael Davitt was looking to have the Three F’s — fixity of tenure, fair rent and free sale — put in place. In 1880, the boycott of the Erne estate at Lough Mask in Mayo occurred. The word “boycott” comes from the ostracising of Captain Boycott that occurred at that time. It was not until six years after this event that Cecil Rhodes, having amassed a fortune in the diamond mines in Kimberley on the back of cheap black labour, saw that the conquering of the whole of east Africa would be to his advantage. By a trick involving a treaty, he effectively took control of the area now known as Zimbabwe — southern Rhodesia — as well as other areas. It was not until the early 1900s, after Queen Victoria gave him the right to allocate land, that the large commercial farms were taken by white men. Effectively, this is in the living memory of some people alive today. That is how recent is the initial history of the land problem in Zimbabwe. One cannot but sympathise with the Zimbabwean people, the colleagues of Robert Mugabe and Morgan Tsvangirai and all of the people who support them in respect of the difficulties they have faced and are facing, particularly since 1980. There is no way that we in Ireland can expect the level of sophistication for a democracy, respect for human rights and the republican principles of justice, equality and fraternity that we take for granted in Ireland. Time is needed to develop these so that they become more sophisticated over the years. There is a need for a change in attitude in US foreign policy in respect of Zimbabwe. Robert Mugabe had Communist tendencies in the early 1980s and wished for a single party government in Zimbabwe. However, one must recognise that there have been elections in Zimbabwe, that there were elections in the recent past and there will be finalisation of these elections in the near future albeit that violence and abuse of human rights that are unacceptable as far as European standards are concerned are taking place at present. On its website, the US Department of State has a section on Zimbabwe. On 11 March 2008, the website said that Zimbabwe had a population of approximately 11.6 million. I understand that the World Bank and the IMF believe that the population is over 13 million at the moment. The website said that:
Zimbabwe, with a population of approximately 11.6 million, is constitutionally a republic, but the government, dominated by President Robert Mugabe and his Zimbabwe African National Union Patriotic Front (ZANU PF) since independence, was not freely elected and is authoritarian. The last two national elections, the presidential election in 2002 and the 553 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Sea´n Ardagh.] parliamentary elections in March 2005, were not free and fair. Although the constitution allows for multiple parties, the ruling party and security forces intimidated and committed abuses against opposition parties and their supporters and obstructed their activities. Civilian authorities generally maintained control of the security forces, but often used them to control opposition to the ruling party. The government engaged in the pervasive and systematic abuse of human rights, which increased significantly during the year. The ruling party’s domi- nant control and manipulation of the political process through intimidation and corruption effectively negated the right of citizens to change their government.
This is contained in the US Department of State’s website. I do not believe that President Mugabe was wrong when he responded by saying that President Bush has much to atone for and little to lecture him on in respect of the Universal Declaration of Human Rights. Mugabe said that “his hands drip with blood of many innocent nationalities, and today with the blood of the Iraqis”. Mugabe dwelt on the US detention facility at Guantanamo Bay in Cuba. He said that:
At that concentration camp international law does not apply. The national laws of the people there do not apply. Laws of the United States of America do not apply. Only Bush’s law applies.
Mugabe accuses Great Britain and the US of pursuing a relentless campaign of “destabilising and vilifying my country”. He said the two nations have sponsored surrogate forces to challenge lawful authority in his country. Obviously, there is a divergence of opinion between the US in particular and Great Britain and Zimbabwe as to the right of Zimbabwe to carry on the way it is going. Nobody who respects democracy and republican values agrees with what is happening in Zimbabwe at present but surely we must give every country time to get over its troubles and find its own way in the democratic process and the way it is run. It is accepted by the govern- ment in Zimbabwe that democracy and fair elections are the way to go. If or when the MDC comes into power in Zimbabwe, how much more different will it be from Zanu-PF? How much more different will the friends and cronies of the people in power be unless, as has been stated earlier, there is significant help and assistance from the EU in particular and Ireland, partic- ularly because we are increasing the amount of money we will put into overseas development aid? There is an imperative on the EU. We should in some way act as a lead country in a major stabilisation and reconstruction package for this democracy. Zimbabwe has a GDP of approxi- mately \300 per capita. Ireland has a GDP of \41,000 per head of population, yet we still expect from Zimbabwe the standards of politics that apply in Ireland. That is not possible, unless we put every effort into assisting the political process in Zimbabwe through a type of Marshall Plan, as suggested by Deputies Morgan and Andrews. Such a plan should be put in place as soon as the election of the new President has been completed. I commend the motion to the House and I am delighted the initiative was taken. I hope Zimbabwe will be at peace in the near future.
Deputy Darragh O’Brien: I am very pleased to be given the opportunity to speak on this all- party motion on the democratic process, or lack thereof, in Zimbabwe. This issue was discussed at length in the House approximately six months ago and, if anything, the situation has deterio- rated further since then. The Oireachtas Committee on Foreign Affairs has discussed the 554 Democratic Process in Zimbabwe: 15 May 2008. Motion ongoing terrible situation in what could be a prosperous country, certainly by African standards. While I do not want to criticise a colleague, I take issue with Deputy Ardagh’s question as to whether the MDC would be any different from Zanu-PF. I hold out great hope that Mr. Morgan Tsvangirai and his supporters, who have gone to extraordinary lengths and shown extraordinary courage in opposing Mr. Mugabe and his regime, will have a positive impact on Zimbabwe, should they be permitted to take office. There is no question that the blame for the destruction of Zimbabwe lies mainly at the door of President Robert Mugabe and the ruling party, Zanu-PF. Mr. Mugabe has torn apart a country that was in the past, post independence from Britain, a very good example of how all citizens could work together for the common good. In African terms the manner in which black and white Zimbabweans were able to work with each other immediately after the fall of Ian Smith’s government held out great hope for the future of the country. Alas, Mugabe and his cohorts have raped and plundered this once relatively prosperous country, a county that had great promise, for their own selfish gains. This was shown very clearly in his land redistribution policies, begun in 2000, which saw viable farms torn asunder and split up by so-called veterans of the fight for independence. Agricultural production in the country has plummeted since this ludicrous policy was initiated — I use the word policy care- fully here. The same applies to the so-called economic policy, which appears to be non-existent. Mr. Mugabe has created a country where 85% of the adult population is unemployed and over two thirds of Zimbabweans face food shortages. The situation is extremely serious and on top of that, there is an ongoing AIDS and HIV epidemic. Over 1.8 million people in Zimbabwe live with HIV and AIDS but are not receiving the medical support and treatment they so urgently require. It saddens me to say that the international community’s response to the crisis, which has been ongoing for over ten years, has been very weak and ineffective. If there was one regime in the world that should have been overthrown with international support it was, and is, this regime. I cannot understand how the international community can stand by and watch for over ten years as Mugabe plunders his own country and throws millions of his countrymen into abject poverty, where over 85% of the population is unemployed, two thirds of Zimbabweans do not know where their next meal is coming from and inflation is soaring at over 100,000%. The response of the international community, the UN and the African Union has been nothing short of pathetic and weak in the extreme. The elections held in March this year were clearly won by the opposition Movement for Democratic Change, MDC. The results of these elections in a supposedly democratic country were overseen by an electoral commission appointed by President Robert Mugabe and filled by members of the Zanu-PF party. Free and fair elections are not possible in such a context. The commission’s ruling that a run-off between Mr. Mugabe and Mr. Tsvangirai was required was nothing short of a corrupt and partisan decision. I take this opportunity to pay tribute to the courage and leadership shown by Mr. Morgan Tsvangirai in persevering with the struggle against Zanu-PF and President Mugabe, a struggle which has been lonely and dangerous. This debate will not improve the situation in Zimbabwe. However, it gives me an opportunity to express my disgust with the regime in Zimbabwe and the inept response by the international community as well as allowing me to express the abhor- rence of my constituents in Dublin North for the situation in Zimbabwe. It is simply not accept- able that the world has stood by and watched while the people of Zimbabwe suffer. Regarding South Africa’s role in this crisis, I am extremely critical of President Tabo Mbeki’s performance as a supposed honest broker between Zanu-PF and the MDC. He has taken a 555 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Darragh O’Brien.] pro-Mugabe position and even recently refuted the fact that Zimbabwe is in crisis. I note with some trepidation that Mr. Tsvangirai has decided he will contest the run-off election against President Mugabe. This is a brave decision. However, I have grave concerns that the election results will again be fixed and President Mugabe will find a way to cling on to power. The international community must ensure that international observers are in place to monitor the election, if not to actually run it, if needs be. The people of Zimbabwe deserve better. They voted in massive numbers in the election in March at great personal risk. What support have they got from the UN and the international community? Precious little, I contend. How can we ensure their democratic vote is upheld? We must seriously consider a boots on the ground policy from the UN to ensure the election run-off vote is fully counted and that the decision of the citizens of Zimbabwe is upheld. The UN must take effective action to administer the country and ensure the democratic voice of the people is heard and the regime in Zimbabwe is changed. I do not hold out much hope unfortunately. I read an article in the Guardian newspaper recently which recounted the type of intimidation and threats faced by citizens in the election in March. The article clearly demonstrates what Mr. Mugabe is about and what lengths he will go to hold onto power. A section of it reads as follows:
The patients at Louisa Guidotti hospital said there were eight men, one carrying a shotgun, another with an AK-47, others with pistols, and they went from bed to bed forcing out anyone who could walk. Nurses were dragged away from the sick. Motorists driving by the hospital, 87 miles north- east of Harare, were stopped and taken from their cars. About 70 people were gathered in the grounds. Then the lecture began. “This is your last chance,” said one of the armed men. “You messed up when you voted. Next time you vote you must get it right or you will die.”
This is a life and death situation. The international community must act now to save lives. South Africa, as the closest neighbour, must become a real independent broker. Ireland and this Parliament have a role to play. We have a good reputation in Africa and we could play a significant role in ensuring an improvement in the lives of the people of Zimbabwe. I agree with the statements made by a number of speakers that a type of Marshall plan needs to be put in place when Mugabe is removed from his current post as president, which it is hoped will be soon. If elections are rigged again, it is my view that the UN must step in and remove this dictator for the good of the people of Zimbabwe and the millions of Zimbabwaen refugees who have been displaced to neighbouring countries.
Deputy Peter Kelly: This is a sad occasion in that we are talking about the situation in Zimbabwe, the lack of democracy in that country and the brutal regime which governs it. I note the report today of the issue of a new Zimbabwean dollar banknote of Z$500 million by the Zimbabwean central bank with a value of US$2. This is an attempt to ease cash shortages in an economy with the highest rate of inflation in the world. The previous highest denomi- nation note was for Z$250 million, issued ten days ago. The annual inflation rate is 165,000% and one economist said prices now double every week. The move comes as Zimbabwe waits for a date to be announced for a run-off in the presidential election between Robert Mugabe and Morgan Tsvangirai. Mr. Tsvangirai’s opposition Movement for Democratic Change, MDC, has condemned the government’s move to delay the election, possibly until July. It is part of a programme to give Mugabe and his ruling party, Zanu-PF, time to torment and continue a campaign of violence on the MDC. It is difficult to believe in this day and age 556 Democratic Process in Zimbabwe: 15 May 2008. Motion that the people who run Zimbabwe cannot look into their own hearts, have a conscience and realise that we all have to live with the three plain principles of faith, hope and charity, of which they have none. There must surely be somebody in the Zimbabwean Cabinet who has some compassion, charity or love in them. I am reminded of the saying: “Do unto others as you would like to be done to yourself”. Amid the economic crisis, Mr. Tsvangirai gained more votes than President Mugabe but, according to the official results, did not pass the 50% threshold to be elected. At this stage nobody believes anything coming out of there. Mr. Tsvangirai says he was cheated of victory. Prices are now doubling every week. It is difficult to see how anyone or the country can survive even to the end of June or how an election will be feasible at all if things continue to deteriorate at this pace. This is the fourth set of new banknotes to be introduced this year. In 1980, one Zimbabwe dollar was worth more than US$1. There has been a sad decline from independence in 1980 to the present day. Few people can live off the fat of the land. Just one in five of the adult population is believed to have a formal job and some three million people have left the country for a new life in South Africa. The economy has been in trouble for several years, with supplies of basic foodstuffs, cooking oil and petrol all running low. The election run-off was due to be held by 23 May, 21 days after the results of the first round were announced, but the government has issued an emergency law to give it 90 days to organise the new poll. The electoral commission said it was not possible to hold the run-off so quickly. These people might be fooling somebody but I think they are only fooling themselves. Any government has a duty and responsibility to its people and this situation should not be allowed continue. How can people say it is not possible to hold a run-off so quickly? The MDC says about 30 of its activists have been killed in a campaign of violence around the country aimed at securing victory for Mr. Mugabe. Meanwhile, the justice minister has proposed establishing cross-party teams to probe acts of political violence. He said that when- ever there is a claim of an act of politically motivated violence being committed, they should form joint teams made up of Zanu-PF and MDC in order to establish the veracity of these claims. The MDC had threatened to boycott the second round of voting after accusing Zanu- PF of trying to rig it but over the weekend Mr. Tsvangirai said he would take part. He has been in neighbouring countries since the first round because of alleged threats to his life, but the MDC says Mr. Tsvangirai will return to address a rally in Bulawayo on Sunday. I wish him well. Yesterday, when speaking on the Defamation Bill, I said that freedom of the press is the very essence of our democracy. Sadly, this is not the case in Zimbabwe where all media is controlled by the government. Broadcasters transmitting from Zimbabwean soil, as well as the main newspapers, are state-run and toe the government line. The press is dominated by two pro-government dailies, the Harare-based The Herald and the Bulawayo-based The Chronicle, both tightly controlled by the information ministry. To control the press to such an extent is wrong and they know it. Everybody is entitled to know what is happening. They are doing this because they are up to no good. If they were honest, decent people running a government, they would not mind letting the world know and letting their own people know what way they were running it. Private publications, which are relatively vigorous in their criticism of the government, have come under severe pressure. A leading private daily. The Daily News, was banned after a legal battle. The remaining independent press is largely confined to two weekl- ies, The Standard and The Zimbabwe Independent. Another weekly, The Zimbabwean, is pro- duced in London and distributed in Zimbabwe as an international publication. As a result of rampant inflation, cover prices have spiralled and are beyond the reach of many Zimbabweans. 557 Democratic Process in Zimbabwe: 15 May 2008. Motion
[Deputy Peter Kelly.]
Publishers have been hit by escalating printing and newsprint costs. A range of draconian laws and institutions, along with prison sentences for publishing “false” news, are used to clamp down on critical comment. Journalists who fail to register with a government body risk imprisonment. The state-run Zimbabwe Broadcasting Corporation operates the country’s only TV and radio stations. ZBC formerly had two TV channels; its second network was leased to private station, Joy TV, which closed in 2002. Some of its programmes were said to have ruffled government feathers. Radio is the main source of information for many Zimbabweans. Although there are no private stations, the country is targeted by overseas-based operations. The Voice of the People, set up by former ZBC staff with funding from the Soros Foundation and a Dutch organisation, operates using a leased shortwave transmitter in Madagascar. Another station, the UK based SW Radio Africa, aims to give listeners in Zimbabwe unbiased information. From the US, the government-funded Voice of America operates studio 7, a twice daily service for listeners in Zimbabwe which aims to be a source of objective and balanced news. Radio broadcasts by foreign stations are deemed hostile to the Government and have been jammed. The army is behind the new wave of violence. Mr. Mugabe is leaving a history of only violence. Somebody, somewhere, will have to do something. I appeal to his neighbours to try to do something. The UN proposal bans the importation of all arms into Zimbabwe. Anybody connected with bringing arms into Zimbabwe should be charged because it is not right. It is wrong and is causing too many problems for decent people. We would like to see an embargo on arms all over the place but particularly in Zimbabwe.
Acting Chairman (Deputy Charlie O’Connor): The order of the day provides that the Mini- ster of State shall be called upon to make a speech in reply which shall not exceed five minutes.
Minister of State at the Department of Foreign Affairs (Deputy Dick Roche): I welcome the strong consensus which clearly exists in the House on the situation in Zimbabwe. I reiterate once again our utter condemnation of attempts by authorities to interfere in the electoral process in Zimbabwe, including, in particular, the vicious and sometimes sadistic assaults which have been perpetrated against opposition supporters. The second round of voting must happen quickly, in keeping with the laws of Zimbabwe, and in a context which enables people to make a free and informed choice about their future. Ireland welcomes the willingness expressed by the Southern African Development Community and the African Union to provide monitors to observe the second round of the election. Ireland would support additional credible international monitoring of the election process, to the extent this is possible. The consent of the Zimbabwean authorities, however, is necessary in a very practical way. Deputies will appreciate that unless international monitors are granted visas to enter the country, and access to polling stations and count centres once they are there, they simply cannot observe the process properly. The Government will continue to press prag- matically to change the balance in favour of a positive and democratic outcome in Zimbabwe, a country that has suffered more than enough over the past eight years. Irish ambassadors in the southern African region, and throughout the continent, continue to discuss the issue with our African partners when opportunities arise. We know that many of them share our concern and outrage, and our belief that African citizens deserve and demand the same standards of human rights protection and democratic accountability as we expect for the citizens of this State. The Minister will raise the issue at the General Affairs and External Relations Council in ten days’ time. Ireland will support any further action by the EU to help create space for 558 Priority 15 May 2008. Questions democracy in Zimbabwe. We, and all of the international community, must act with the best interests of the Zimbabwean people in mind, whether that means strong public pressure, or intensive efforts behind the scenes. We support any further action in the UN framework which can have a beneficial effect on the ground. We are not overlooking the dire humanitarian situation which continues to prevail and worsen in Zimbabwe. The European Union and its member states remain the most important group of donors to Zimbabwe. For our part, the Government is committed to continuing Irish Aid support to alleviate the sufferings of the people of that unfortunate country. In this dark hour, it is difficult to be optimistic about the future. However, I greatly admire the resoluteness of the Zimbabwean people in exercising their democratic rights in the most difficult circumstances. I believe this nation has the resilience to resume the path towards development once the rule of law is restored, and responsible economic policies and governance replace the destructiveness of the current regime. Once conditions allow, I am confident the Government will have the support of all parties in the House in offering Ireland’s assistance to the Zimbabwean people in their path to recov- ery. What is happening in Zimbabwe is a tragedy. It is an awful tragedy to witness a country that once had all the potential of this country, with its people divided, its democratic institutions in disarray, its civilians being harassed and the democratic process being destroyed. It is a great tragedy and one on which the whole world should unite to bring to an end as soon as possible.
Question put and agreed.
Sitting suspended at 2.55 p.m. and resumed at 3.30 p.m.
Ceisteanna — Questions.
————
Priority Questions. Deputy Michael Ring: On a point of order, I get frustrated with Question Time every time I put down questions to the Minister. The Ceann Comhairle is here to protect us and ensure we put down proper questions; we frame the questions to the best of our abilities. I put down a number of priority questions this month and they were all ruled out of order. Minister, you must take responsibility for this. Either you will run your Department or your officials will.
An Leas-Cheann Comhairle: Could Deputy Ring refer his remarks to the Chair rather than directly to the Minister?
Deputy Michael Ring: Through the Chair, there is a question here on Axis 4, which is admin- istered by the Department for Community, Rural and Gaeltacht Affairs. This is funding that comes from Europe to rural communities for fisheries. I have a priority question that was ruled out of order.
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): On a point of information——
An Leas-Cheann Comhairle: There is no such thing.
Deputy Michael Ring: Will the Chair allow me to finish?
559 Priority 15 May 2008. Questions
An Leas-Cheann Comhairle: The Deputy must allow the Chair to respond. The Deputy will take his seat.
Deputy Michael Ring: I certainly will.
An Leas-Cheann Comhairle: As the Deputy knows, the Chair has no control over which member of the Government takes responsibility for any question tabled. I understand the Deputy’s frustration and if he has any particular queries to which he wants to alert the Ceann Comhairle’s office we will examine them and discuss them with the appropriate Department.
Deputy Michael Ring: I will write to the Ceann Comhairle’s office. On drugs, there is no point appointing Ministers of State if I write to the Minister for Community, Rural and Gael- tacht Affairs and am told it is the responsibility of the Departments of Justice, Equality and Law Reform and Health and Children. There is no point in having a Minister of State in the Department who cannot answer the question on drugs.
An Leas-Cheann Comhairle: We have limited time because there are Private Notice Ques- tions so we will move on to Question No. 1.
Deputy E´ amon O´ Cuı´v: Before we take the question——
An Leas-Cheann Comhairle: I fear the Minister might reignite that debate.
Deputy E´ amon O´ Cuı´v: Could the Leas Cheann-Comhairle provide me with a little indul- gence on this matter? If I were Deputy Ring I might be disconcerted if I did not understand exactly what happened. The questions were not ruled out of order. There was a question on European fisheries which is the sole——
An Leas-Cheann Comhairle: This is not appropriate to Question Time.
Deputy Michael Ring: The Minister administers the scheme.
Deputy E´ amon O´ Cuı´v: I do not. That is where Deputy Ring is wrong.
An Leas-Cheann Comhairle: The Minister might have a private conversation with the Deputy afterwards. I call Question No. 1.
Deputy E´ amon O´ Cuı´v: The two responsible Departments have agreed to answer the Deputy’s questions. They have been transferred and will be answered. Deputy Ring knows my views on answering in the House.
National Drugs Strategy. 1. Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs his views on head shops which sell legal highs; the action he will take to tackle the proliferation of such shops in which a large variety of mind altering and potentially dangerous substances can be bought over the counter; if his attention has been drawn to the risks involved in taking these substances and the potential for these substances to become a gateway to experimentation with illegal substances; and if he will make a statement on the matter. [18864/08]
Deputy E´ amon O´ Cuı´v: I am aware of the activity of head shops and their sale of so called “legal highs”, substances that can have effects similar to those of illicit substances but which are currently not scheduled under the misuse of drugs legislation. The control of drugs is regulated by the Department of Health and Children under the Misuse of Drugs Acts 1977 560 Priority 15 May 2008. Questions and 1984. Under these Acts the importation, exportation, production, supply and possession of a range of named narcotic drugs and psychotropic substances are regulated and controlled. The list of scheduled substances is kept under review on an ongoing basis. In particular, the Depart- ment of Health and Children reviews any evidence that substances are being abused and are causing significant harm to public health. Such reviews encompass EU decisions on any sub- stances. For example, in March this year the EU found that Benzylpiperazine, which I will call BZP as it is shorter and easier, should be made a controlled substance with regulations applying commensurate with the potential harm involved. Accordingly, the Department of Health and Children will introduce the regulation of this substance by March next year. As “legal highs” are currently not controlled substances, there is no authority under the misuse of drugs legislation to prevent their sale in head shops. However, the activities of these establishments will continue to be monitored with a view to endeavouring to minimise any risks involved, especially in regard to the potential that the substances involved might encourage experimentation with illegal drugs.
Deputy Catherine Byrne: I congratulate the Minister of State at the Department of the Taoiseach, Deputy Pat Carey, on his new appointment and welcome a counterpart across the room, Deputy Curran. I wish them both the best. I thank the Minister for his answer. I cannot pronounce the name of the drug either, so I will refer to it as BZP. I will briefly make a few observations on the Minister’s answer. I am delighted something will be done by March next year but it is somewhat far away as it will come in much earlier in the UK and other places. Some 24 of these shops are established throughout the country and there are grave concerns among parents on their activities partic- ularly regarding the sale of mind-altering substances such as BZP. For many young people going out in the evening BZP has replaced ecstasy and other drugs that were previously used. The real concern is that yesterday’s newspaper reported research from the Health Research Board showing the prevalence of treated problem drug use among 15 to 64 year olds increased by 15% between 2001 and 2006. The sooner this drug is taken off the shelves the better for everybody and I ask the Minister to reconsider the timeline and do this earlier.
Deputy E´ amon O´ Cuı´v: My Department is not responsible for taking BZP off the market. The information says it will happen not later than March. I am always wary of giving deadlines because one is often beaten on a short deadline while one is more likely to be able to comply with a long deadline. It should be done as soon as possible and I share the Deputy’s concern. On the wider question she raised, one can take legal action only against those who break the law and we must accept this issue on these head shops.
Deputy Catherine Byrne: The sooner these products are taken off the market the better for everybody.
Rural Transport Programme. 2. Deputy Jack Wall asked the Minister for Community, Rural and Gaeltacht Affairs the success of the pilot scheme for night time transport in rural communities; if the scheme has been a success; if he will increase the pilot scheme; if he will roll out the scheme to other rural areas; and if he will make a statement on the matter. [18842/08]
Deputy E´ amon O´ Cuı´v: As the Deputy will be aware, in many rural areas there are no public transport services at night. While there are either hackney or taxi services in more developed rural areas, these are at the discretion of the providers of these services and do not provide a guaranteed service to rural people. 561 Priority 15 May 2008. Questions
[Deputy E´ amon O´ Cuı´v.]
It was against this background that in May 2007 I introduced a new evening transport service, on a pilot basis, to allow rural people to fully participate in the various activities — community, sporting and social — that take place in their areas. Thirty-four groups currently deliver the rural transport programme, which is operated by the Department of Transport, seven of which are delivering the pilot evening transport service. I am informed that the scheme is widely used in the areas in which it is in operation. Funding of \500,000 was pledged for the one-year pilot and, to date, \375,000 has been spent. I have decided to continue funding the pilot until the end of 2008, by which time it will be reviewed. Decisions on its future will be informed by the outcome of that evaluation.
Deputy Jack Wall: When the Minister suggested this originally, there were many sceptics who wondered whether it could work. As a rural Deputy, I see where the private concerns are able to do it and I am fully supportive of moving this initiative forward. The question is twofold. A recent reply to a parliamentary question to the Minister for Transport stated that the rural transport initiative would cover all counties. How will this initiative tie in with the other one? While I accept that there must be a review to evaluate its success, is the thrust of what the Minister is trying to do that he will align this with the rural transport initiative? My other concern, while not of the Minister’s making, is that in my area the rural transport initiative is coming under question and we are being told that there is a cutback. On the one hand, we have this pilot scheme which is a success, but, on the other, there is a grey area in the successful rural transport initiative regarding the number of areas covered being reduced. The overall proposal is a winner, but has the Minister been in contact with the Minister for Transport about moving it forward and has he any information from the Department of Trans- port on proposals to cut back the initiative? Pobail was one of the groups to which funding was made available for the rural transport initiative. Has the Minister any information on even a thought of cutting it back? Although I realise the rural transport initiative is not the responsi- bility of the Minister, in the overall picture we must tease it out to ensure it is a success in the future.
Deputy E´ amon O´ Cuı´v: It is the case that Pobail administers the rural transport scheme for the Department of Transport. Even though Pobail comes under my Department administra- tively, the day time rural transport scheme of the Department of Transport is totally a matter between Pobail and the Department of Transport and I have no day-to-day function in it. However, with my wider rural hat on me, I am very interested in that scheme. My under- standing is it is to be rolled out nationwide and I have not heard anything of cutbacks. In fact, if Deputy Wall checks the Estimates, although I am open to correction on this, he will find the provision is increased this year. This is a key point. There is a totally different ethos involved in the night time scheme than in the day time scheme. The day time scheme mainly focuses on that section of the community that would be entitled to free travel where there are no buses on which to travel. It caters for persons such as pensioners, older persons and persons with a disability. When I set up the night time scheme I was afraid — there is a certain validity to my fear — that, because of the tradition during the day time scheme for people who did not have cars to use it, there would be a greater focus in the night time scheme on people entitled to free travel. However, the night time scheme was to focus on the entire community who wanted to go out at night and did not want to have to drive home. Such persons might have a car or two in the 562 Priority 15 May 2008. Questions driveway. If a couple wanted to go out for a night, the idea was that they would feel safe going home. I will review this scheme. One of the reasons I am extending it to the end of the year is that I want to carry out a proper review. I note from the figures that between 64% and 66% of the night time passengers are free travel holders, but the total population of rural Ireland includes many more people who do not qualify for free travel. Therefore, to a point, one could state that we are not picking up paying customers. I am not against free travel holders using the service, but we are not inveigling paying customers onto buses. There are two downsides in that regard. First, we are not serving a market that everyone stated was there — the people who want to go out to socialise for a night who have a car but do not want to take it — and, second, I could provide a much better service for much less money if I had a bigger proportion of paying customers on the buses.
An Leas-Cheann Comhairle: A brief supplementary from Deputy Wall.
Deputy Jack Wall: I agree with the Minister on the paying and non-paying aspect of it. It is logical to come to the conclusion that this is a way forward and a way of expanding it. I fully support that theory. Obviously, the Minister will get to a situation where in some instances he may have to stop paying customers getting on because the non-paying customers will not have a seat on the bus which would defeat the purpose. I am fully supportive of looking at both aspects to ensure that it is a success because it has considerable potential.
Deputy E´ amon O´ Cuı´v: The other issue is that this is only meant to operate in place of market failure. Whereas rural transport, as we commonly know it, is needed everywhere in the country because of its focused effect, this is only meant to operate where there are no buses, taxis or hackneys available. One suggestion, which may be a good idea and to which I am open, is that once I have done my review, we would come back to the committee some time in the autumn to get the wisdom of all its members and tease out the best approach in much more detail than can be done on a Priority Question in six minutes. We need to convenience the greatest number of people, both with and without entitlement to free travel, and get the best bang for our buck so that we can stretch it out to as many areas of the country as need it and do not have commercial services.
Charities Legislation. 3. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if he has had discussions with the Revenue Commissioners on an investigation into fraudulent behaviour by charities; if he is satisfied that the Charities Bill 2007 will protect against bogus organisations defrauding the State in the future; and if he will make a statement on the matter. [18976/08]
Deputy E´ amon O´ Cuı´v: One of the key purposes of the Charities Bill 2007, which recently completed Committee Stage in Da´il E´ ireann, is to enact a reform of the law relating to charities in order to ensure accountability and to protect against abuse of charitable status and fraud. It is vital for public trust and confidence in the sector to be safeguarded and maintained. I should clarify, however, that I have no statutory role in relation to the investigation of charities. In the development of the Bill, my Department, in addition to conducting public consultation processes, has also engaged in extensive consultation with other Departments and statutory bodies, including the Revenue Commissioners, to ensure that the Bill provides a secure legislat- ive base for the regulation of charities. In the case of the co-operation with Revenue, who 563 Priority 15 May 2008. Questions
[Deputy E´ amon O´ Cuı´v.] currently maintain a list of bodies that have qualified for charitable tax exemptions, I am pleased to say that there has been a very productive working relationship. Discussions with Revenue and the Department of Finance in relation to various legal and technical issues that have emerged are continuing in advance of Report Stage, which it is hoped will be taken shortly. The Bill provides that a new charities regulatory authority will be set up to secure compliance by charities with their legal obligations and also to encourage better administration of charities. A register of charities will be established in which all charities operating in the State must register. It will be an offence for a body not on the register to claim that it is a charity, or to operate or fundraise in Ireland. In recognition of the value of the resource potentially available to the new authority in terms of experience and expertise within Revenue, an amendment was introduced on Committee Stage providing explicitly for co-operation between the new auth- ority and Revenue on the establishment of the register of charities. The new authority may call for documents and search records, enter premises on foot of a search warrant, impose sanctions, and co-operate with foreign statutory bodies on law enforce- ment matters. There will also be significant penalties in place. However, while the new authority will determine whether an organisation is a charitable organisation for the purposes of entry onto the register of charities, it will remain a matter solely for Revenue to determine whether any funds applied by organisations for charitable purposes should be granted entitlement to tax exemption.
Deputy Michael Ring: It is important that the Charities Bill 2007 is returned here for Report and Final Stages. There is already proof of fake Mass cards and the door-to-door collection of clothes. The Revenue Commissioners are now investigating charities that are making claims for PAYE workers who are paying into these charities. Did the Minister have discussions with the Revenue Commissioners and when do they expect to complete their investigations? It would be wrong if people give money to charities that are not above board. It would also be wrong for charities to use fake names and claim tax relief from the State, even though no such money has been paid to them. Have many registered charities been struck off the list? Most importantly, when will the Charities Bill 2007 be back in this House?
Deputy E´ amon O´ Cuı´v: The Revenue Commissioners are undertaking a routine review of the scheme and have written to 1,100 organisations seeking information in that context. The review is not based on a concern or knowledge that the scheme is being abused and it is not an investigation into suspected fraudulent behaviour in any individual charity. It simply seeks to ensure that charities that have been authorised under the scheme are continuing to comply with the terms of their authorisations. We should accept that is the way it is. Carrying out this exercise sends a signal to people that the scheme must be operated correctly, which is very important. I am very anxious to proceed with the Charities Bill 2007. We are examining a number of issues and we are trying to strike the right balance. Our objective is to have the Bill finished in both Houses before the summer recess. However, if a better Bill were to emerge following an extra delay, I would have to take that as it comes. We still hope to get it through the Houses before the summer.
Deputy Michael Ring: A very serious tax scam concerning charities was unearthed in Britain so let us not pretend that it will not happen here. It is important that the Revenue Commis- sioners carry out a very thorough check. 564 Priority 15 May 2008. Questions
Will the Department provide information to warn people about fake mass cards and door- to-door collections of clothes for fake charities? These scams make big money and are big business. Dublin County Council sold the rights to pick up clothes to a private company. Libert- ies Recycling was bringing in drug addicts, retraining them and helping them along, but the county council gave away that business to a private company. I hope that officials from the Department talk to officials from Dublin County Council with a view to doing a deal with the charities to ensure that we can get people back into the workplace again.
Deputy E´ amon O´ Cuı´v: I agree with the Deputy. We urgently need this Bill because there is always a risk of destroying the confidence people have in giving to charities by exposing a major wrongdoing. Thankfully, we have a good record of acting with probity, as do the charities. The risk is there and that is what the Charities Bill 2007 is all about. This Bill had been lying around for years and when I came into the Department in 2002 I was determined that it would be published before the election in 2007. We would like to see it enacted before the summer, but it is better to give time to the Bill to get it right. We will deal with it as fast as we can, but we want to get it right.
Community Development. 4. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs if local action groups have been selected to deliver the Leader element of the rural development programme for 2007-13; and if he will make a statement on the matter. [18916/08]
Deputy E´ amon O´ Cuı´v: The new rural development programme for 2007-13 was adopted in July 2007 and will be delivered by my Department and the Department of Agriculture, Fisher- ies and Food. This programme will see an almost threefold increase in funding available for Leader-type activity in Ireland to \425 million over the lifetime of the programme. My Depart- ment is responsible for the delivery of Axes 3 and 4 of the programme. Axis 3 focuses on the quality of life in rural areas and diversification of the rural economy, while Axis 4 provides for the implementation of the Leader approach to rural development through local action groups who will deliver the measures in Axis 3. The measures to be funded under the new programme include diversification into non-agri- cultural activities for farm families; support for business creation and development; encourage- ment of tourism activities; basic services for economic and rural population; village renewal and development; conservation and upgrading of rural heritage; and training and information on adapted and new skills. The selection process for the local action groups that will deliver the Leader part of the rural development programme will commence in the immediate future. I intend to put advertisements in newspapers next week.
Deputy Michael Ring: I am glad that the Minister is to make the announcement next week. Many people in the Leader programme are very anxious that it gets up and running. Some Leader groups got funding from the Minister on a temporary basis to keep them afloat between January and June of this year. Some of them will be approved for the Leader programme, but they will find themselves in difficulty in paying their staff and in keeping their programmes going. Will the Minister make funding available for the period between the making of the application and the approval of such an application by the Department? There is uncertainty about jobs in many of these companies. The companies will not be able to pay the staff unless they get temporary funding from the Minister. I am glad that the Minister 565 Other 15 May 2008. Questions
[Deputy Michael Ring.] is going ahead with the programme as it is very important for rural Ireland. The delay has been too long, but I am glad to see that the situation in Cavan and Monaghan has been resolved.
Deputy E´ amon O´ Cuı´v: If we could sort out Mayo, we would be——
Deputy Michael Ring: I will talk to the Minister about that later.
Deputy E´ amon O´ Cuı´v: I will be more than willing to listen. We are continuing to pay interim funding and we can do so for up to two years. This is because the Department is still paying out on the last programme. As long as the companies are still carrying out significant work, it is within our power to pay them. In 2007, nearly \6 million was made available to Leader groups for additional project funding. The continuation of interim administrative funding is reviewed on an ongoing basis by my Department in the context of the completion of the work and the roll-out of the new rural development programme. There was a delay, but it was better to go through the process. I got a letter from the EU, through its permanent representative, clearly stating that our departmental procedures were fine. We are now proceeding on that basis. I am also delighted that the cohesion process is now going ahead in Cavan and Monaghan.
Deputy Michael Ring: Will the Minister provide temporary funding for the companies until the programme is up and running? Some of them have great difficulty in paying their staff. I do not want a situation where the staff are laid off and taken on later.
Deputy E´ amon O´ Cuı´v: The Deputy can take it that they will have funding as long as we can sort out the remaining problem. I know of no Leader company——
Deputy Michael Ring: I do because some of them have contacted me.
Deputy E´ amon O´ Cuı´v: I think they told the Deputy that the funding would have come to an end if we had not been able to get the new programme up and running.
Deputy Michael Ring: My understanding was that these schemes will be——
Deputy E´ amon O´ Cuı´v: Nobody wrote to me stating that a company was short of money. It may be the case that they knew there would be a shortage of money if we got into an indefinite impasse, but I do not think the EU would have left it that way. EU officials replied to the query raised in Cavan and Monaghan in a very satisfactory way.
Question No. 5 lapsed.
Other Questions.
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National Drugs Strategy. 6. Deputy Shane McEntee asked the Minister for Community, Rural and Gaeltacht Affairs if the Health Service Executive report of the working group on residential treatment and rehabilitation of substance users on the availability of dedicated drug residential services has been brought to his attention; his views on the report’s recommendations; and if he will make a statement on the matter. [18948/08] 566 Other 15 May 2008. Questions
Deputy E´ amon O´ Cuı´v: I am aware of the report of the Health Service Executive working group on residential treatment and rehabilitation. My Department was represented on the working group and I welcome the recommendations therein. The HSE appointed the group to provide a detailed analysis and overview of known current residential treatment services and to advise on the future residential requirements of those affected by drug and alcohol use. Being focused on residential services, its scope was much narrower than that of the working group on drugs rehabilitation, chaired by my 4 o’clock Department. However, it covers all substance abuse, and so includes alcohol which is not part of the current national drugs strategy. The report makes a number of recommendations including the endorsement of the use of the four tier model of care as the framework for the future organisation of alcohol and drug services in Ireland, which involves the need for an appropriate level of service provision to best meet the needs of the individual client, from advice and referral up to specialist expertise to intensive interventions; emphasising the need for protocols to facilitate optimum inter-agency working; recommending the provision of dedicated high quality residential detoxification facilities including the pro- vision of 127 dedicated beds, 50% each for drug and alcohol clients; recognising that detox- ification is not an end in itself, a client-centered continuum of care is required to progress people towards recovery; quality assurance of residential services for alcohol and drug users; robust tracking systems to ensure that clients continue to get any support required; and involve- ment of families, in so far as is feasible in individual cases, in the care plan for recovering drug and alcohol misusers. These recommendations are in line with those outlined in the report of the working group on drugs rehabilitation. While their implementation is primarily a matter for the HSE, I will support them in any way I can through the co-ordination of the national drugs strategy and I hope that significant progress can be made in that regard.
Deputy Michael Ring: Yesterday we had a report from the Health Research Board regarding the amount of drugs used in this country. There has been a 700% increase in cocaine users and the number of new heroin cases outside Dublin has doubled between 2001 and 2006. There has been a jump of 690% in cocaine users. The HSE issued this report but, on the other hand, it is not providing detox beds. It tells us we need 365 extra beds but at the same time it is cancelling the opening of new clinics. What is going on with the national drugs strategy? What will the Minister do if the HSE will not provide the necessary beds? In rural Ireland there are no detox beds for people with serious alcoholic problems. What will the Minister do if the HSE will not do the job it is empowered to do? We cannot have a major drug problem, with people needing detox and beds, and the HSE not having the will to provide beds. What will the Minister and the Government do?
Deputy E´ amon O´ Cuı´v: We will continue to work with the HSE, which is the health authority with responsibility for this matter. Extra beds are being provided but more are needed. Whereas alcohol is a serious drug and one that is highly abused, it does not come under the drug strategy of my Department. Whether one can separate the problem of alcohol from opiate abuse is an issue we have debated many times in the past. We have an open mind on this and it warrants debate. It is worth noting that 50% of beds are needed for alcohol detoxification as opposed to drug detoxification but we will continue to work with the HSE on this matter.
Deputy Jack Wall: Regarding submissions to the national drug strategy, did the question of linking drugs and alcohol arise in trying to overcome the major problems that exist? Regarding the fragmentation of support groups in the country there does not seem to be any co-ordinated effort to align them to have a main thrust. There is a wonderful woman in Athy called Sister 567 Other 15 May 2008. Questions
[Deputy Jack Wall.] Concilio, who has facilities in Down, Galway, Bruree in Limerick, Cork and Athy. This was undertaken with her own initiative and funding. She has provided some residential services. There is also the St. John of God service. Is there any detailed evidence on amalgamating the two major problems in the submissions received? Regarding the overall picture, why is this so fragmented with so many groups seeking to alleviate the problem of drugs and drink?
Deputy E´ amon O´ Cuı´v: Regarding alcohol misuse, we are having a series of public meetings. I attended the meeting in Sligo for a very short time but I will attend the meeting in Portlaoise. Alcohol and opiates are on a continuum and cannot be separated. We must examine the issue and are not at the conclusion stage because the meetings are still going on. They are being done on a round table basis to encourage people to interact. I am interested in the feedback from the ground. We have far too many structures. It has taken a long time to get cohesion between partner- ships and Leader companies. I hope it will be worthwhile. We must find a balance between dealing with structures all the time, rather than issues, and ensuring we do not have too many structures and duplication and that we keep things tight and focused. There should not be endless consultation and no business. We must undergo the consultation and when we finish we will have a clear strategy to implement.
Deputy Catherine Byrne: It is encouraging to hear of the 50% increase in beds. One of the main problems with residential care or rehabilitation is the fact that there are over 12,000 people on methadone. In order to go into residential care they must be clean. When will a programme be introduced so that people can access the service so that they can be brought down on the drugs? At present they are in no man’s land.
Deputy E´ amon O´ Cuı´v: We are going into HSE business.
Deputy Catherine Byrne: It is all drugs.
Deputy E´ amon O´ Cuı´v: That is the problem. All we can do is keep working at the problem. I do not know if we have all the answers but we will continue to liaise with the HSE to move the process forward.
National Drugs Strategy. 7. Deputy Joan Burton asked the Minister for Community, Rural and Gaeltacht Affairs the number of submissions to the National Drugs Strategy 2009 to 2016; the number attending the public consultation meetings to date; and if he will make a statement on the matter. [18813/08]
40. Deputy Joan Burton asked the Minister for Community, Rural and Gaeltacht Affairs the cost involved in advertising the public meetings on the National Drugs Strategy 2009 to 2016; the cost of holding such meetings; and if he will make a statement on the matter. [18814/08]
Deputy E´ amon O´ Cuı´v: I propose to take Questions Nos. 7 and 40 together. Officials in my Department, along with members of the steering group established to develop proposals for a new national drugs strategy are currently undertaking an extensive consultation process in regard to the new strategy. This involves 15 public consultation meetings, meetings with the various Departments and Government agencies involved, meetings with key sectoral groups and organisations working in the drugs area, along with focus groups that will include some drug users. 568 Other 15 May 2008. Questions
The public consultation meetings are being held in various locations around the country. They commenced in Du´ n Laoghaire on 23 April and will conclude in Croke Park on 3 June. The meetings to date have been well attended, averaging 70 to 80 people per meeting. Gener- ally those attending have represented a good cross-section of people, from members of the public to people who are involved in drugs issues at community, voluntary, and statutory sector level. Feedback from participants at the meetings in regard to the format used and their level of satisfaction regarding being able to input has been very positive. The full cost of advertising the public meetings is not available at this stage as only eight have been held to date. Consequently, the advertising campaign is ongoing and the details of the campaign can be subject to some change. The cost of holding the various meetings varies significantly depending on the venue, with Dublin locations generally being more expensive. Overall, the cost per venue to date is averaging at approximately \2,000. So far, more than 120 submissions have been received from a wide variety of organisations and individuals. My Department is continuing to accept submissions and as such I expect this figure will increase during the coming weeks. I believe the public consultation process is central to the work of formulating a new strategy. It is important we hear the views of as wide a cross- section of the public as possible, young and old, to inform the overall work of developing proposals and making recommendations for an effective national drugs strategy for the period 2009-16.
Deputy Jack Wall: In respect of the drugs strategy we must provide an alternative to the taking of illicit substances and drugs. Perhaps the Minister will say if sporting and recreational organisations such as Ceoltas and so on have attended any of the meetings held thus far. It is important they and not only local groups and concerned parents attend these meetings if the programme is to be a success. If following assessment of the programme the Minister finds that this is not the case will he ensure a national meeting is held with such organisations to get their views on the strategy?
Deputy E´ amon O´ Cuı´v: I could not agree more with the thrust of Deputy Wall’s contribution. The diversion of young people into all types of activities is probably the best way of protecting ourselves against drugs. I cannot say whether the organisations referred to have attended the meetings. Under the RAPID process, which includes the 46 areas most deprived and engaged in drug abuse, I have been actively engaging with the Football Association of Ireland which has been proactive in terms of funding and so on. I recently met with the chief executive of the FAI to discuss how we could further co-operate with particular reference to the RAPID areas. Also, I requested my officials within the past two days to contact the ard stiu´ rtho´ ir of an Cumann Lu´ thcleas Gael to ask if he will meet me to discuss the Irish language, the Gaeltacht and, in particular, RAPID areas. I have discussed this matter with the Leinster Council and now believe we should do so nationwide.
An Leas-Cheann Comhairle: I wish to allow a brief supplementary from Deputy Ring as we have little time left.
Deputy E´ amon O´ Cuı´v: The Deputy can rest assured I will continue to focus on this issue through the RAPID programmes rather than the meetings.
Deputy Michael Ring: Does it make any sense to hold these public meetings when the HSE has decided to scrap plans for the introduction of cocaine clinics in Dublin, Waterford, Cork and Kerry? It is also proposing to close treatment services in Dublin for heroin users and is 569 Re-examination of X-rays 15 May 2008. and CAT scans
[Deputy Michael Ring.] delaying the introduction of detox beds in hospitals. Does it make sense to seek the views of the general public when we know we will not even get the detox beds we need?
Deputy E´ amon O´ Cuı´v: The programme will run from 2009 to 2016. I believe it makes sense to ask people what they want.
Deputy Michael Ring: They know what they want but they will not do it.
Deputy E´ amon O´ Cuı´v: There is much more to this than detox beds. Deputy Wall put his finger on it when he said the real answer is diversion. We must treat those who have a problem with drugs and examine how we can keep young people away from drugs. The work we are doing is incredibly important. We must reduce demand and divert people away from drugs. As in other areas of life, we often focus on curing rather than preventing a problem. I believe the only way to reduce drug abuse is by encouraging young people to get involved in activities and away from the scene which encourages drug use. We must continue to reduce supply. However, supply will to a certain extent follow the market. If we can reduce the market for drugs, a reduction in supply will follow.
Private Notice Questions.
————
Re-examination of X-rays and CAT scans. An Leas-Cheann Comhairle: I will call on the Deputies who tabled questions to the Minister for Health and Children in the order in which they submitted their questions to my office.
Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding the 5,000 patients in the north east who will have their X-rays and CAT scans reviewed as a result of concerns regarding the work of a radiologist employed by the Health Service Execu- tive; and why the extent of this review was denied in February 2008 by the HSE thus raising serious doubts about its credibility and integrity.
Deputy Seymour Crawford asked the Minister for Health and Children the position regarding the 5,000 patients in the north east who will have their X-rays and CAT scans reviewed as a result of concerns about the work of a radiologist employed by the Health Service Executive; and why the extent of this review was denied in February 2008 by the HSE thus raising serious doubts about its credibility and integrity.
Deputy Joanna Tuffy asked the Minister for Health and Children the position in regard to the proposed re-examination of X-rays and CAT scans of patients in the north east; the number of patients involved; the steps being taken to advise the patients in question; when the process will be completed; when she and the HSE first became aware of the problem; and if she will make a statement on the matter.
Minister for Health and Children (Deputy Mary Harney): Yesterday evening, the HSE issued letters to almost 4,600 patients in the north east advising them that chest X-rays and CAT scans from 2006 and 2007 were to be reviewed. Individual patients will be notified of their result as soon as their X-ray-CAT scan has been reviewed, namely, they will be informed whether they are clear or are to be referred for further assessment. 570 Re-examination of X-rays 15 May 2008. and CAT scans
The HSE has emphasised in its letters to patients and others that the review is for precaution- ary reasons. The review arises from concerns raised relating to the practice of a locum radiol- ogist. In late 2007, it came to the attention of the HSE that a small number of patients in Our Lady of Lourdes Hospital Drogheda and Our Lady’s Hospital Navan during 2006 and 2007 had their diagnosis delayed due to an abnormality on their chest X-ray not being noted on initial examination by the radiologist. These patients, through follow-up X-rays, were sub- sequently diagnosed with lung cancer and have all passed away. The HSE has established a review by external experts into these four cases. The review led by Professor Muiris Fitzgerald, respiratory consultant, will allow the HSE to establish if there was a clinical significance to the delayed diagnoses. The HSE has made contact with the families concerned and remains in regular contact with them to update them on progress and to offer any appropriate supports. I was informed in March of this year that the HSE, following further examination of the issue, was considering a separate look back review in regard to the work of the radiologist. The HSE issued a press release on 31 March following media reports concerning radiology services in the north east. That press release was based on the information available at the time. In its subsequent assessment of the situation, and taking into account the advice of external experts, the HSE agreed the look back review would include a small number of CAT scans. The HSE decided that a look back exercise was required to review approximately 6,000 chest X-rays and approximately 70 CAT scans reported by the locum consultant radiologist in Drogheda and Navan from August 2006 to August 2007 to ascertain if other significant clinical findings had been missed. These X-rays-CAT scans relate to approximately 4,590 patients. Chest radiographs are performed for many reasons. Most are done for respiratory tract infections, bronchitis, asthma, pneumonia, accidents, injuries, chest pain and heart failure. A small number would have been done for possible lung tumours, but the majority of patients who are being checked are extremely low risk and included as a measure of prudence. The planning for this review commenced in March. A steering group was formed by the HSE on 9 April to oversee the radiology review. Between April and 14 May the steering group undertook preparatory work which included defining the methodology for the look-back exercise, sourcing radiologists to undertake the look-back, arranging indemnity for participants and working to provide assurance that any and all claims arising from this review would be covered, developing the process and resources for the look-back exercise across two X-ray departments in Navan and Drogheda, establishing the communication needs around the review and putting plans in place to meet these. This review will be undertaken by an internal and external mixed panel of radiologists from Louth, Meath and Northern Ireland. The HSE issued letters to patients, general practitioners and public representatives by post informing them of the arrangements for the review and giving details of the HSE information line. It is expected that the review will take approximately eight weeks. In patients’ interests and in keeping with the lessons learned from previous reviews, neither the HSE nor the Department will report further on specific details of the reviews until they have concluded.
Deputy Fergus O’Dowd: That is appalling. It is absolute incompetence on behalf of the Minister and the HSE and negligence in terms of their duty of care to public patients. More than seven years ago, when the old health board was going out of existence, it prepared and sent to the Department a report, the recommendations of which the Minister’s predecessor, Deputy Michea´l Martin accepted. This consultant plan for the north east formally reported on serious deficits in the region and a core part of the plan was a proper full time radiology 571 Re-examination of X-rays 15 May 2008. and CAT scans
[Deputy Fergus O’Dowd.] service with the appointment of full-time consultants and the filling of key positions. That never happened during the Minister’s time in the Department of Health and Children. How can the Minister restore confidence in the system throughout the country? How can she ensure that locum consultants are fully and properly qualified and have all of the knowledge they require? Following what happened at Barringtons Hospital and in the midlands, does the Minister believe she is in a shameful position having to call back 6,000 X-rays of 4,600 people? It is an appalling vista and creates appalling concerns and upset for the people involved. I acknowledge and I hope, as the Minister does, that few people will be affected. However, the Minister would not need to do this unless she was advised that serious issues must be deter- mined by this further review.
Deputy Mary Harney: A number of issues are raised. I reject the inference that this has to do with resources. Reviews of radiology and other reviews are commonplace in hospitals throughout the world. For many years in Ireland we did not review anything. We did not bring things to light, as Deputy O’Dowd knows from what happened in a maternity hospital. For 25 years the rate of caesarean hysterectomies was 300 times higher than in hospitals in Dublin and that went without investigation. In today’s era things are brought to light. In this case, a cardiologist dealing with patients recognised a possible misdiagnosis and brought it to the attention of the authorities. A dispute arose among the health care professionals as to whether we would undertake a review of all the doctor’s X-rays or a limited number. The jury is out on this. Some suggest carrying out a sample review and other suggest reviews all x-rays. This is international practice because advice was sought from HIQA and outside Ireland. The view taken by the HSE, which I support, is to examine all the work carried out by the person for one year. Reviews take place not only of locums but also of full-time consultants. Issues are raised with regard to locums, which we are addressing in the health care system. We will always depend on locums because filling consultant appointments takes time. If somebody moves from one position to another we must replace him or her quickly. In these cases, locums are always used. This person was in place for approximately 12 months. It is common practice in every health care system of which I am aware to provide services by locum consultants. I do not believe or accept the Deputy’s political charge that this has something to do with resources. The HSE has written to tell the patients the review will be carried out. In other countries and systems a review is done and patients are contacted if an issue arises. We will carry out a review of data. We will not call in patients for another X-ray unless it is necessary and some- thing comes to light. We are being totally open and transparent and informing all of the patients as the review begins. We believe that is best practice and we are doing it in accordance with the protocol put in place after the Portlaoise inquiry.
Deputy Seymour Crawford: I thank the Minister for coming to the House to answer this issue. The fact that 4,600 patients or more are involved is enough for this to be a major source of anxiety in the area. The Minister referred to the Neary affair in Drogheda and the length of time it took to deal with the situation. Nearer home, there was the death of Ms McCabe and her child in childbirth as a result of staffing problems. There is no doubt there is a difficulty with staffing issues. It may be a different sector but it is the same problem. Some years ago I lost a 62 year old cousin as a result of failure to diagnose through X-ray. It was not until the woman went to Northern Ireland that the situation was disclosed. She was told if she had been diagnosed six weeks earlier she would have had a chance of surviving. I am conscious of the anxiety of these patients. We need to get to the bottom of these issues and 572 Re-examination of X-rays 15 May 2008. and CAT scans ensure that the best personnel are in place. Is the Minister satisfied that we are getting these personnel in the north east? Recently, I noticed the HSE advertised for consultants. The number of those coming to the north east, if any, is limited. We deserve as good a service as anywhere else. Will the Minister ensure that where possible fully qualified people deal with the situation and we are not depending on locums?
Deputy Mary Harney: It is important to state that there is a level of error in reading X-rays. If memory serves me right, this is in the region of 4% to 5% worldwide. The system is not perfect. The focus on health reform is to minimise the capacity for making errors by having a number of clinicians working together, having the most modern imagery and so on. What happened in this case was that four patients with cancer had their initial diagnoses delayed. They were suffering from lung cancer, which we know is very serious. We could have decided to concentrate on those four patients — a review of those four patients is being led by Professor Muiris Fitzgerald — to establish whether the delay contributed in any way to their death or inappropriate treatment. As a precaution, it was decided that all the work of the particular radiologist should be reviewed and I believe this is appropriate. In the past, people had to litigate to get answers. I stated previously in the House that Margaret Murphy, whose son Kevin died at the age of 19 in a hospital in this country, from adverse events that should not have happened, could not get answers and had to litigate. When she succeeded in getting compensation she gave it to a charity. That era is over. Many people advised that we did not need to conduct this type of look-back, that a sample look-back would be enough or that we should not inform the patients involved but after doing the look-back only contact those patients about whom an issue arises. There is some merit in that because patients who receive the letter will be concerned. I accept that and I wish it did not have to happen. We need to be straight and open with patients. We have assured patients in the documentation, of which I think Deputies have a copy, that this is a precautionary measure. We do not anticipate any problems. If a problem arises, treatment will be forthcoming immediately.
Deputy Joanna Tuffy: I seek clarification on a number of issues following the Minister’s reply. She stated she was informed about this by the HSE in March. When did the problem first come to the attention of the executive? On what date was it aware of this before the Minister was notified? She stated the review into the 4,600 patients would take eight weeks. On what date does she expect the review of the first four cases that came to light to be completed?
Deputy Mary Harney: As I understand it, a cardiologist noticed when he looked back at the diagnosis of one patient that the lung cancer diagnosis had not been made and he got in touch with HIQA about these issues. The HSE was informed in late 2007 and I became aware of this in March when I received a telephone call while I was overseas for St. Patrick’s Day. The discussions between key medical experts centred on whether there should be a review, the extent of the review, its methodology and recruiting people to conduct the review. It has not been easy to get people to conduct the review and we have had to rely on radiologists from Northern Ireland to assist in it because we want it completed in a timely fashion. With regard to the initial four cases, I do not know how long it will take Professor Fitzgerald to conclude his review but the families of the patients have been spoken to on a number of occasions and they have been met by the HSE. They are being kept in the picture where the review is concerned and, as soon as it is completed, they will be first to have a copy of it before it is even forwarded to myself or the HSE.
Deputy Fergus O’Dowd: Seven years ago the Department was advised there was a need for permanent appointments in the radiology department but the Minister did not make them. 573 Re-examination of X-rays 15 May 2008. and CAT scans
[Deputy Fergus O’Dowd.] She quite rightly referred to the Neary report and the Harding-Clarke inquiry. One of the recommendations in the report was the appointment of a lead clinician in the region to oversee the work of various specialists. Was a lead clinician appointed in the north east with responsi- bility for the work of all those under him or her? The person involved in these cases was a temporary consultant. The Minister stated finance was not an issue in this regard but that is not the case. Our Lady of Lourdes Hospital was \7 million over budget in September 2007 while Louth County Hospital was \1.7 million over budget. The information I received under a freedom of information application highlights the trouble and the pressure on staff because of increased costs for oncology, medical and surgical supplies and under-funding here, there and everywhere. In January 2007, Navan hospital employed five agency NCHDs in its accident and emergency department, one agency person for surgical registration and one consultant anaesthetist and one agency medical SHO to cover sick leave. That is a large number of temporary appointments, which is unacceptable. The Minister received a letter from Finbar Lennon, a senior consultant in Our Lady of Lourdes Hospital, in August 2007, in which he stated he was deeply concerned that the situation was very unsafe in the north east and he called for a fundamental reappraisal of the current strategy being pursued by management. Is it not a fact the Minister has failed absolutely, totally and abjectly in her duty of care to patient safety? When will the patient safety commission, which she established some time ago, report?
Deputy Mary Harney: I totally reject the political charges the Deputy has made.
Deputy Fergus O’Dowd: They are factual, not political.
Deputy Mary Harney: The fact a hospital goes over budget does not mean it is under-funded.
Deputy Fergus O’Dowd: It is under-funded.
Deputy Mary Harney: We cannot provide in five different institutions for the population of the north east the expertise required and that is what the reform agenda is about. First, facilities in Cavan and Louth will be strengthened.
Deputy Fergus O’Dowd: That is rubbish.
Deputy Mary Harney: Half of all surgical patients and one third of medical patients in the Deputy’s region attend Dublin hospitals. That is what they decide.
Deputy Fergus O’Dowd: The Minister does not look after people in the north east. She should answer the questions.
Deputy Mary Harney: The reason for that is the fragmentation of services.
Deputy Fergus O’Dowd: That is not the issue.
Deputy Mary Harney: One cannot provide in five hospitals serving a population of less than 400,000 the range of expertise the Deputy thinks should be provided everywhere.
Deputy Fergus O’Dowd: That is not the issue.
Deputy Mary Harney: The reform agenda in the north east is being overseen by a cardiac surgeon, Dr. Eilis McGovern. Resources are being invested in the region, including consultant staff. I recently had a good meeting with the medical board representing the hospitals in the 574 Re-examination of X-rays 15 May 2008. and CAT scans north east and most of the clinicians on the ground are buying into the reform agenda and we must maintain the momentum behind that. This issue has nothing to with staffing.
Deputy Fergus O’Dowd: It has everything to with it. This man was in his 70s.
An Leas-Cheann Comhairle: The Minister, without interruption.
Deputy Mary Harney: The Portlaoise review was a permanent appointment. Is the Deputy implying errors are made by temporary staff and not by permanent staff?
Deputy Fergus O’Dowd: Yes, absolutely. It is a fact.
Deputy Mary Harney: That is not a fact and I do not accept that. The case in Portlaoise was a permanent appointment.
Deputy Fergus O’Dowd: This was a temporary appointment.
Deputy Mary Harney: We receive letters almost every day from people in the health service telling us everything is unsafe and we do not have enough nurses and so on. According to the OECD report, Ireland has the highest ratio of nurses in its health care system compared with any system in the world and, for example, twice as many as in France. I will not accept a failure to invest in resources leads to the issue we are discussing.
Deputy Fergus O’Dowd: It has.
Deputy Mary Harney: Patient safety is paramount. The commission is due to report in June and, on foot of its recommendations, presumably I will come forward with legislative proposals.
Deputy Seymour Crawford: It becomes more frightening every day when the Minister denies the availability of finance does not matter. Before the North Eastern Health Board was wound down, it pointed out that because of the population increase in the region, \40 million would need to be provided so that funding would match what was available in the rest of the country. Has the temporary post been replaced by a permanent post? What steps has the Minister taken to deal with this? Will she listen to the clinicians on the ground about how serious is the situation? I have spoken to many of them in recent weeks and they did not say the Minister’s proposals were safe or anywhere near it. They said the situation is extremely dangerous. Mr. Finbar Lennon was the expert adviser to the health board and he has raised more questions than anybody else about what is happening in the north east and the damage that is being done. The Minister promised that no services would be removed until services as good or better were provided but she is removing services on a daily basis and, as Deputy O’Dowd said, putting patients at risk.
Deputy Mary Harney: If trauma cases are taken to the accident and emergency departments of hospitals that cannot deal with them appropriately because they do not have the expertise, the potential for recovery by the patient is diminished by up to 25%, according to international evidence. If one is in a hospital that does not have the appropriate expertise for a condition——
Deputy Seymour Crawford: Because it has been removed.
Deputy Mary Harney: One does not need to be a genius. The OECD supports our restructur- ing plan for the north east.
Deputy Seymour Crawford: No, it does not. 575 Re-examination of X-rays 15 May 2008. and CAT scans
An Leas-Cheann Comhairle: The Minister without interruption.
Deputy Mary Harney: One cannot have the range of expertise in each of five hospitals in a region with such a small population base. The transformation plan in the north east is being overseen in the first instance by Professor Drumm, who is a clinician, and by many other clinicians, including Eilis McGovern, who is a well respected cardiac surgeon in Dublin and who has an international reputation. There is huge clinical involvement in the reform prog- ramme around the country, particularly in the north east. I am not saying for one moment, nor would I, that it has unanimity as far as the clinicians are concerned. Of course, it does not and I would not expect unanimity. However, I am satisfied that in respect of the engagement the HSE is undertaking with the College of Radiologists and other experts in the field, both here, Northern Ireland and elsewhere, we are acting appropriately as far as patients are concerned. To return to the question of why this review is taking place, it is because errors were iden- tified in respect of four cases and we believe the responsible thing to do is to look at all the work of that particular locum over the relevant period, which amounts to X-rays and CT scans on 4,590 patients. That is currently happening and will be completed as quickly as possible. It is being done simply for precautionary reasons. I hope it has the same positive outcome as the CT scan review in Portlaoise a few months ago when no new diagnosis was made, which was a very happy situation for all those patients.
An Leas-Cheann Comhairle: I call Deputy Tuffy.
Deputy Seymour Crawford: I want to ask another question.
An Leas-Cheann Comhairle: I have called Deputy Tuffy. The Deputy had two sets of questions.
Deputy Joanna Tuffy: In respect of the information given to me by the Minister in her last reply, I am not really clear on the month in 2007 that the HSE found out about this but it seems to have taken a few months to tell the Minister. In light of the issue that arose around Portlaoise at the time, the fact that she was not notified sooner was very unsatisfactory. Does the Minister have any comments to make in respect of that? There have been previous cases of this type where the qualifications of locums have not been checked properly. This has happened on at least one occasion. Is the Minister taking any steps to ensure that the qualifications of locums are properly checked and that they have the required level of supervision? The Minister said that the patients and GPs have been written to. In light of what happened in respect of Portlaoise and the need to ensure that the interests of patients are put first, will she put in place any additional information for patients? For example, will helplines be made available?
Deputy Mary Harney: In respect of the last question, in fairness to the HSE, the letter it wrote to the patients with the questions and answers, which will be very helpful to patients, is impressive. The HSE has also put in place a helpline and has been in constant engagement with the families of the four patients who passed away from lung cancer. There are issues that arise for locums. Obviously, they must be registered as specialist regis- trars with the Medical Council. The new Medical Council is being appointed tomorrow with stronger powers in respect of competence assurance and so on, which is long overdue. The major issue for our hospital system is the fact that of the 6,000 doctors who work in our hospitals, 4,000 are non-consultants. Many of them are relatively junior doctors. This is why it 576 Job 15 May 2008. Losses is so important to get a new contract of agreement, the results of which I hope we will get tomorrow evening when the ballot is concluded and announced by the Irish Hospital Consult- ants Association, so that we can substantially increase the number of consultants working in the system based on a contract of employment that suits the needs of the public health care system and not the current contract which certainly does not meet the requirements. In respect of the time issue, a review of 16,000 X-rays is being carried out at a hospital in France. One must decide what one will review and how one will do it. Among the medical expertise available in this country and supported internationally, there was a difference of opinion about whether it should be reviewed at all. The HSE has taken a precautionary view in the interests of patients and decided to review all of the cases and tell the patients that it was going to do it. It could have gone off and got some experts to look at all these X-rays and only written to patients subsequently, but it decided to be up-front and open, which I support. I think that has been a very good thing.
Written Answers follow Adjournment Debate.
Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Shane McEntee — the Government’s policy on incineration, the different methods by which our waste is disposed of and its possible effect on peoples health; (2) Deputy Phil Hogan — the retention of jobs at Smithwicks Brewery, Kilkenny; (3) Deputy Mattie McGrath — the proposed wind farm for Dualla, Cashel, County Tipperary; (4) Deputy Joe Carey — the need to address the ongoing issue of drinking water quality and the role played by the interested agencies; (5) Deputy Pat Breen — the future of secondary school services in east Clare; and (6) Deputy Thomas P. Broughan — the need to reduce social housing lists and provide affordable housing in Dublin. The matters raised by Deputies Phil Hogan, Pat Breen and Thomas P. Broughan have been selected for discussion and will be taken now.
Adjournment Debate.
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Job Losses. Deputy Phil Hogan: I thank the Ceann Comhairle and his office for allowing me to raise this important issue, namely, the closure of Smithwicks Brewery in Kilkenny city. Smithwicks has been brewed in Kilkenny city since 1710. In recent years, Budweiser has used that facility for generating products for this market and the European market. It was more than just a brewery. It was synonymous with Kilkenny city but it was also a very important tourism incentive around the world in respect of Kilkenny beer, which was brewed in that location for export. It was a very important and potent instrument of tourism potential for Kilkenny city. I was very disappointed that the Ta´naiste and new Minister for Enterprise, Trade and Employment welcomed the rationalisation of the brewing industry in this country by not refer- ring to the closure and the loss of jobs in Kilkenny or Dundalk. I hope this does not give any indication of the attitude the Minister will take to job losses in any other firm around the country in the future because it is a rather dismissive and callous approach. I was also perplexed by the announcement by Diageo that talked about commissioning a new brewery on the edge of Dublin and rejuvenating part of the St. James’s Gate site in Dublin 577 Job 15 May 2008. Losses
[Deputy Phil Hogan.] when it had other sites in Kilkenny and Dundalk that could be made available for that purpose. We know Diageo’s real reason for closing the brewery is to capitalise on a very valuable asset in the centre of the city of Kilkenny that can be sold for millions of euro. The same thing happened at Carlow when Greencore decided to cash in its valuable site by closing the sugar factory and the demise of the sugar industry. A number of matters are worrying people in the city of Kilkenny. Not only will this news contribute to 120 direct and indirect job losses at the brewery, but 90 other workers at NN Euroball have been placed on protective notice in the past few days. The idea put forward by the Minister of State at the Department of Enterprise, Trade and Employment, Deputy John McGuinness, one of the local Deputies, that a Norman museum should be established on the brewery site is no substitute for much needed manufacturing employment at this location. That suggestion is ridiculous and out of touch with the real needs of people. Deputy McGuinness must be the first Minister of State for trade and commerce to suggest that workplaces be turned into museums. Manufacturing employment is the lifeblood of every community. Kilkenny city and its environs are now facing the threat of 170 job losses in that category of employment. This comes on top of a 37% increase in the level of unemployment in Kilkenny in the past two years. The closure of Smithwicks Brewery is a sad day for the workers and people of Kilkenny. However, it was not just the employment it generated that was important. It also gave a huge tourism spin-off to the brewery and the export of Kilkenny beer. It is the end of a long manufacturing tradition in our native city. Regrettably, it need not have happened if warnings about the rapid deterioration of our national competitiveness had been heeded by the Government as far back as 2001 when it received several reports from the National Com- petitiveness Council dealing with these matters. I ask the Minister for Enterprise, Trade and Employment to intervene rather than being dismissive about the loss of employment in Kilkenny, co-ordinate the State agencies to ensure that replacement manufacturing jobs are brought to the Kilkenny area as soon as possible and ensure that we will not continue to experience the haemorrhage of manufacturing employment in our area, as we have seen over the past two years.
Minister for Health and Children (Deputy Mary Harney): I am taking this Adjournment on behalf of the Ta´naiste and Minister for Enterprise, Trade and Employment, Deputy Mary Coughlan. I thank the Deputy for raising this matter. Diageo’s operations in Ireland have been under review by the company for some time. The decision outlined by the company last Friday on Dublin, Dundalk, Kilkenny and Waterford was the culmination of a detailed examination of the company’s existing sites in Ireland. The Minister is aware that various options were considered by the company regarding these sites. While she welcomed Diageo’s announcement on Friday last of a major new investment that secures the future of brewing in Ireland, the Minister was very disappointed to hear about the job losses indicated by the company in Kilkenny and in other counties. However, the indication by the company that it is to invest \650 million in its Guinness Brewery at St. James’s Gate in Dublin is very positive news for Ireland. The Minister is conscious of the apprehension that the proposed job losses at Smithwicks in Kilkenny will create for the workers involved and their families as well as the local community but wishes to assure the House that the State agencies will make every effort they can to develop new employment opportunities for the area and to support the retention of existing jobs in Kilkenny.
578 Schools Building 15 May 2008. Projects
The Minister understands that a new brewery will also be built on a suitable site close to Dublin. Details of the location of the new brewery will be the subject of a further announce- ment by the company in due course. It will utilise leading-edge brewing technologies to deliver the best international standards of scale, efficiency, quality and environmental performance. On completion in 2013, it will be the company’s biggest brewery and the largest in Ireland. The Minister also understands that when the new brewery is commissioned, all production from the existing brewery in Kilkenny will be transferred, resulting in the closure of this facility. The brewery in Kilkenny has played a critical role in the historic success of the company’s beer brands in Ireland but currently does not have the scale necessary for sustained success in increasingly competitive markets. It was not considered to be a suitable site for the size of the new brewing operation, which must be constructed while existing operations are maintained. The company will ensure that affected employees are offered relocation opportunities where possible but, where this is not possible, they will be offered a severance package alongside career counselling and out-placement support. Following the completion and successful commissioning of the new brewery, surplus land in Kilkenny will be available for redevelopment. The company plans to engage in due course with all relevant authorities to ensure the most appropriate development of any surplus lands con- sistent with local development and planning objectives. In particular, the company is committed to ensuring that any redevelopment at Kilkenny sensitively reflects the historical importance and heritage aspects of this site. The Minister accepts the company’s recognition that on completion of the project in 2013 there will be a net reduction in employment. While this is five years away, it is very important that the impact on employment is minimised and the Department of Enterprise, Trade and Employment and the State development agencies, Enterprise Ireland and IDA Ireland, as well as the State training agency, FA´ S, will work closely with the company to secure the best pos- sible outcome for all concerned. FA´ S will be meeting the company to prepare an implemen- tation plan for out-placement, training and development, to ensure a successful transition. The Glanbia Group innovation centre in Kilkenny, supported by Enterprise Ireland, which involves an investment in excess of \15 million over four years, was officially opened by the former Minister for Enterprise, Trade and Employment on 23 June 2005. Enterprise Ireland approved an additional \6.2 million for this project in November last. A total investment of over \20 million will now take place in this facility, and an additional 14 jobs will be created in the research centre. In addition, the agency, through the Into the Regions initiative, secured a Bank of Ireland call centre, Banking 365, project for Kilkenny. The Minister is confident that the strategies and policies being pursued by the State develop- ment agencies in Kilkenny will continue to support enterprise development and provide employment opportunities. The State agencies will continue to work closely with each other and with local interests to support the retention of existing jobs and to support an integrated approach to job creation in Kilkenny.
Schools Building Projects. Deputy Pat Breen: I am delighted the Minister for Health and Children is here. I hope she will have more positive news for people in County Clare, following our meeting with her this afternoon regarding Ennis General Hospital.
Acting Chairman (Deputy Ciara´n Cuffe): For the record, the Deputy is speaking on the future of secondary school services in east Clare and has five minutes. 579 Schools Building 15 May 2008. Projects
Deputy Phil Hogan: Well done Chairman.
Deputy Pat Breen: That is correct. I thank the Acting Chairman. I am still delighted that the Minister for Health and Children is here and perhaps when she visits the constituency in two weeks time she will have more positive news. I welcome the opportunity to raise this matter in the House. The list of schools in County Clare awaiting decisions from the Department of Education and Science to proceed with neces- sary infrastructural projects is increasing by the day. This evening I raise the issue of the future of St. Joseph’s secondary school in Tulla and the future provision of secondary school education in east Clare. The management and teachers of this school have been frustrated for a number of years in their efforts to acquire a new school on a greenfield site. First, the school faced the difficulty of trying to acquire a suitable site for the new school and then it experienced some delays in the planning process. Those problems have now been overcome. The board of man- agement has identified a suitable site which is adjacent to the village. Clare County Council has granted full planning permission to the board to allow it to make an entrance to the site for the purpose of developing sports facilities. Having overcome all these difficulties the school is now being hampered by the Department’s delay in providing a written statement confirming that a new school is the Minister’s preferred option in the long term. The case for a new school on a greenfield site is well known. Since its foundation, St. Joseph’s school has had an excellent reputation throughout east Clare. It is an educational centre of excellence and has attracted pupils not alone from its neighbouring parishes of Kilkishen, O’Callaghan’s Mills, Feakle and Clooney but also from Bodyke, Crusheen and Sixmilebridge. The population of Tulla has increased by 15% between 2002 and 2006. Tulla is designated as an area of strategic development in the east Clare development plan published by Clare County Council in 2005. Enrolment in the local primary school has increased by 32% for the same period with increased enrolments also recorded in other primary schools in the catchment area, namely in Kilkishen, O’Callaghan’s Mills, Feakle and Clooney. It makes far more sense to build a new school than to attempt to extend the present school. In any event the current site at 2.5 acres is too small to allow for a school, a sports hall and playing facilities. A total of 11 of the 22 general classrooms are currently in prefabs and there is no space for any more. The present school is also located at a busy junction and is a hazard to pupils trying to get in an out of school every morning and evening. If the Minister for Education and Science ever decides to come to Clare, I hope he will visit the school to assess the situation for himself. I commend the teachers and management of St. Joseph’s on their foresight in the provision of services for children with autism. Three autistic children are currently being catered for in St. Joseph’s and the school is committed to catering for a class of six students. In order to progress the necessary remedial works at the school over the past four years, St. Joseph’s had availed of grant assistance under the summer works scheme and had planned for further works this year. I would urge the Minister for Education and Science to adopt a differ- ent attitude to that of his predecessor. He should stamp his own authority in the Department by reviewing this decision and reinstating the schools summer works scheme, not alone for the secondary school in Tulla but for all the schools throughout my constituency for whom this scheme was so vital. In order for St. Joseph’s secondary school to progress this matter all that is required is a written statement from the Minister confirming his support for a new school in a greenfield site. There should be no need for a further technical assessment by his Department as this has already been completed prior to the sanction of the ASD class. 580 Schools Building 15 May 2008. Projects
Schools like St. Joseph’s secondary school in Tulla, which have a record of being proactive in the development of their schools, should not be penalised. There is a limited timeframe and a window of opportunity for the Minister for Education and Science to act in his new brief. If would be unforgivable if he fails to do so. I appeal to the Minister for Health and Children to put pressure on her colleague, the Minister for Education and Science, to issue the necessary letter straight away and let St. Joseph’s secondary school in Tulla get on with what it has done successfully for generations — educating the children of east Clare.
Deputy Mary Harney: I am taking this matter on behalf of my colleague, the Minister for Education and Science, Deputy Batt O’Keefe. I thank the Deputy for raising this matter as it provides me with the opportunity to outline to the House the Department’s position regarding St. Joseph’s secondary school, Tulla, County Clare. St. Joseph’s secondary school, which is located in a Cla´r area, has a current enrolment of 441 pupils. The school initially applied for an extension and refurbishment project. This application was assessed and was assigned a band two rating under the band rating system operated by the Department. The band rating system involves all applications for capital funding 5 o’clock being assessed in the planning and building unit of the Department. The assess- ment process determines the extent and type of need presenting, based on the demographics of an area, proposed housing developments, condition of buildings, site capacity and so forth, leading ultimately to an appropriate accommodation solution. Projects are selected for inclusion in the school building and modernisation programme on the basis of priority of need. This is reflected in the band rating assigned to a project which indicates the urgency, type and extent of work required at a school. Building projects move through the school building and modernisation programme consistent with the band rating assigned to them. St. Joseph’s has a rating of 2. This rating reflects the fact that it has an accommodation deficit, that is, that the current school accommodation is not sufficient to meet the numbers enrolled in the school. At present, the school is making use of a number of prefabs to supplement the permanent accommodation on site. The long-term projected enrolment for the school was originally assessed at 500 and a schedule of accom- modation was drawn up and agreed on this basis. However, the current enrolment is 441. This figure represents a 5% decline on the enrolment of 466 in 2003. In light of the trend in enrol- ments in the school in past five years, the application is being reassessed to review the optimum solution to the school’s needs. The Minister is aware that the trustees of the school, the Mercy Order, have entered into negotiations with a local landowner regarding the possible purchase of a site in Tulla for use as a school. The school has been in contact with the Department seeking a written commitment from the Department that its preferred option for the school is a new second level school on a greenfield site. However, as the Deputy will understand, it would not be prudent for the Department to give any such open-ended commitment which would, in effect, limit the Depart- ment’s scope for manoeuvre in the future regarding the optimum solution for secondary school services in east Clare. The Department will continue to assess the needs of St. Joseph’s and the east Clare region generally and progress on any building projects will be considered in the context of the resources available under the multi-annual building programme. The final decision on the most appropriate solution to the accommodation needs of the area will include consideration of the possibility of building a new school on any suitable sites that 581 Social and 15 May 2008. Affordable Housing
[Deputy Mary Harney.] are available in the area. However, this option will only be implemented if it results in the optimum solution for the school and the area and provides value for money for the taxpayer. The Department will be in contact with the school authorities directly when their project is likely to be progressed. Progress will be considered in the context of the band rating assigned to the project and the availability of resources.
Deputy Pat Breen: I thank the Minister. I invite the Minister for Education and Science to see the site for himself because it is in a very dangerous location.
Social and Affordable Housing. Deputy Thomas P. Broughan: A few weeks ago I attempted to adjourn the Da´il to discuss the closure and suspension of the Dublin City Council affordable housing panel and to give the Minister for the Environment, Heritage and Local Government an opportunity to explain to the House how he intended to reduce the huge waiting lists for affordable and social housing in Dublin city and the three Dublin county authority areas. Today we have received more bad news regarding the proposed \265 million regeneration plan for St. Michael’s Estate in Inchicore where city housing manager Ciara´n MacNamara is demanding “an immediate conclusion” to protracted negotiations with developer Bernard McNamara on a PPP project which, since 2001, has aimed to provide 720 new private and social affordable housing units. The performance of Dublin City Council on providing affordable housing has been extremely poor. Only 1,025 units have been sold to date with a further 691 units in various stages of conveyance. Report No. 179/2008 of the manager, John Tierney, announced the closure of the affordable housing panel from 21 April 2008 until the end of the year. This report stated that there are now more than 8,000 applicants on the affordable housing panel, of whom 3,000 registered in 2007 alone. It was expected that the panel would grow to more than 10,000 individuals and families in 2008. Mr. Tierney says there will be a complete restructuring of the affordable housing process, but without a major national housing initiative, the affordable hous- ing programme in Dublin City Council amounts to a cruel hoax on thousands of young people and their families. Dublin City Council’s social housing programme is likewise a grotesque failure of public policy. In the last assessment of housing need, the number of homeless households on the city waiting list was 1,309 and the overall social housing list is consistently approximately 6,000 individuals and families. Like other city public representatives, I find it distressing and dis- piriting to meet constituents who are seven, eight, nine and even ten years on the social housing list. The question arises as to why time on the list is not a much bigger factor in the weighting of social housing applications. Fingal county manager, David O’Connor, gave an impressive report on the county affordable housing programme at a recent meeting with Oireachtas representatives from the Fingal area. The waiting list comprises 735 individuals and families. I know from experience that the Fingal affordable application process is efficient and productive for applicants. Issues have arisen, however, about the income limits for affordable housing and the extent to which lower paid citizens, including public servants, are denied the opportunity to access affordable housing in Fingal. These are issues of which the county manager, David O’Connor, and the housing man- ager, Dick Brady, are clearly aware. The social housing position in Fingal is almost as discouraging as in Dublin City Council. At present, the number of individuals and families on the social housing list is 5,259 for the Howth- 582 Social and 15 May 2008. Affordable Housing
Malahide ward. This is similar to the number — 5,291 — waiting in the Swords, Balbriggan and Blanchardstown housing areas. In total, excluding multiple applications, there are 5,738 housing applications in the Fingal area and 41 individuals on the homeless list. As with the Dublin City Council affordable and social lists, it may take up to a decade or longer to reach applicants on these lists. I acknowledge that both Dublin City Council and Fingal County Council have made signifi- cant efforts within their statutory powers to eliminate and reduce homelessness and to provide much needed lower cost housing. Fingal, of course, has the advantage of greenfield sites while Dublin City Council is mainly reliant on more difficult brownfield sites. The record outlined above shows a grave failure of public policy over which the Minister for the Environment, Heritage and Local Government, Deputy John Gormley, of the Green Party has presided for almost a year. The announcement of the RAS, rental accommodation scheme, was a key positive develop- ment. Given the incredible difficulties of the private housing market, desperate families in need of housing have also flocked to join the RAS. For example, there are more than 1,400 people in the Dublin City Council area waiting for a RAS allocation, with over 300 households alone in the north-central area of Dublin city. It seems incredible that a country which built over 80,000 housing units in 2006 and 90,000 units in 2007 should have the astonishing housing lists described above in two key counties with a combined population of more than 750,000. This is the appalling reality in the Ireland of the Taoiseach, Deputy Brian Cowen, and the Minister, Deputy John Gormley. I say shame on them and on the Fianna Fa´il Party and the Green Party. I urge the Minister, Deputy Gormley, as a former lord mayor and Dublin city councillor — the Acting Chairman will recall I played a role in ensuring he became lord mayor — to call in both local authority managers and devise a strategy to reduce these shocking housing lists. If this approach is still ineffective perhaps it is time we considered a national housing executive to discharge the public housing function that is not being discharged by these local authorities and, in particular, by Dublin City Council.
Deputy Mary Harney: I am happy to reply on behalf of my colleague, Minister of State, Deputy Michael Finneran. The Deputy will be well aware that policy issues in relation to the provision of social and affordable housing are decided at national level but the detailed implementation of those poli- cies and the delivery of projects is a matter for the individual local authorities. In particular, it is the responsibility of local authorities to assess the need for housing in particular locations and to respond accordingly. The Government is committed to expanding social and affordable housing programmes over the coming years. Our housing policy statement, Delivering Homes, Sustaining Communities, and the National Development Plan 2007-2013 reflect the strong commitment to expand social and affordable housing provision contained in the social partnership agreement, Towards 2016. The national development plan provides the resources — some \18 billion in total — which will support increased output from social and affordable housing measures and result in the needs of some 140,000 new households being met in this period. Within this, provision is made for a significant programme of activity to assist house purchase. In particular, over the period of the national development plan, some 40,000 households will benefit from affordable housing. While the supply of affordable housing has increased consist- ently over recent years and further expansion is envisaged, my Department continues to work closely with local authorities and the affordable homes partnership to achieve the significant increase in delivery required to meet these ambitious targets. 583 The 15 May 2008. Adjournment
[Deputy Mary Harney.]
In addition, the national development plan resources will be used to meet the needs of some 100,000 households through a range of social housing measures. Some 63,000 new social homes will be commenced or acquired in the period 2007-13. The impact of the record levels of investment the Government is committing to these housing programmes is now being seen. Last year, we saw delivery of 13,000 social and affordable housing units, a record level of output. We are increasing funding allocations to these prog- rammes once again in 2008 with over \2.5 billion being made available to local authorities and the voluntary and co-operative sector. This funding will allow for the commencement of a significant number of new social housing units, further progress under regeneration prog- rammes and the completion of a large number of units under both the local authority and voluntary housing programmes. To ensure that these programmes are delivered in a coherent and co-ordinated manner, city and county councils have put in place multi-annual housing action plans which encompass delivery of social and affordable housing in their areas. Taking Dublin City Council and Fingal together, some 1,100 social housing units were started or acquired in 2007. Recently, we announced record social housing investment programme allocations for 2008. Fingal and Dublin City Councils saw their combined year on year allocations increase by some \35 million from \142 million to \177 million. This will provide the platform necessary for continued increased social housing activity in their areas and will be added to by other provisions for major regeneration works. Furthermore, Dublin City and Fingal continue to benefit from the establishment of the affordable homes partnership which is specifically tasked with bringing greater impetus to deliv- ery of affordable housing in and around the capital. In so far as affordable housing in Dublin City is concerned, almost 3,200 affordable units have been delivered over the past five years. The Government has demonstrated its commitment to the needs of those on social and affordable housing waiting lists — we have put in place the policy framework and are making available the necessary resources. Local authorities have responded. Not only are they produc- ing levels of output not seen in a generation, but they are doing so in a manner which seeks to build sustainable communities — the sort of places where people want to live and work, now and in the future.
The Da´il adjourned at 5.10 p.m. until 2.30 p.m. on Tuesday, 20 May 2008.
584 Questions— 15 May 2008. Written Answers
Written Answers.
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The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
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Questions Nos. 1 to 4, inclusive, answered orally.
Question No. 5 lapsed.
Questions Nos. 6 and 7 answered orally.
Inland Waterways. 8. Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs if, in view of the importance of private boat hire on inland waterways to inward tourism, he will satisfy himself by liaising with the Department of Transport that all of the safety recom- mendations following the investigation of the July 2006 incident on Lough Derg are implemented; and if he will make a statement on the matter. [18378/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I wish to advise the Deputy that five recommendations were made in the report by the Marine Casualty Investigation Board into the incident in question. One of these recommendations refers to Waterways Ireland, viz:
Waterways Ireland should, in consultation with the Maritime Safety Directorate, establish a buoyage system for inland waterways, which is internationally recognised by all users of the waterways both national and foreign.
I am informed by Waterways Ireland that there are two separate systems in use on the inland navigation system within its remit. The one in this jurisdiction is that used on the Shannon Navigation and is referred to in the Report. The system used on Lough Erne is entirely different to that on the Shannon and is also different to that recommended in the Report. I am advised that changing from the existing system on the waterways under Waterways Ireland’s remit would be a considerable financial and logistical burden. On the Shannon alone over 500 aids to navigation would have to be altered. It would also require the agreement of the authorities in Northern Ireland, where no issues have been raised in relation to the suitability of the system presently in use on the Erne. I understand that Waterways Ireland has stated that 585 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.] it will be happy to meet the Maritime Safety Directorate to initiate discussion on a review of the Shannon Navigation buoyage system. I have asked that these discussions be pursued as a priority and that an implementation plan be prepared to give effect to any agreed changes as quickly as possible thereafter.
Sta´das na Gaeilge. 9. D’fhiafraigh Deputy Michael D. Higgins den Aire Gno´ thaı´ Pobail, Tuaithe agus Gael- tachta cad iad na cainteanna a bhı´ aige o´ thu´ s na bliana leis an Roinn Gno´ thaı´ Eachtracha, i dtaobh sta´das na Gaeilge san Aontas Eorpach; agus an nde´anfaidh se´ ra´iteas ina thaobh. [18841/08]
23. D’fhiafraigh Deputy Brian O’Shea den Aire Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta ce´n dul chun cinn ata´ de´anta ag Foras na Gaeilge maidir le haistritheoirı´ agus ateangairı´ ca´ilithe a chur ar fa´il; agus an nde´anfaidh se´ ra´iteas ina thaobh. [18839/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): To´ gfaidh me´ Ceisteanna Uimh 9 agus 23 le che´ile. Mar is eol don Teachta, ta´ sta´das mar theanga oifigiu´ il agus oibre de chuid an Aontais ag an nGaeilge o´ thu´ s na bliana 2007. Sa chomhthe´acs sin, ta´ mo Roinn-se ag obair i gcomhpha´irtı´ocht leis an Roinn Gno´ thaı´ Eachtracha, le Foras na Gaeilge agus le pa´irtithe iomchuı´ eile le cinntiu´ go mbeidh do´ thain daoine oilte — aistritheoirı´ agus ateangairı´ ca´ilithe san a´ireamh — ar fa´il ag institiu´ idı´ an Aontais Eorpaigh, agus go deimhin ag an Sta´t, chun freastal ar a gcuid riacht- anais o´ thaobh na Gaeilge de. Tuigtear dom go bhfuil an Coimisine´ir Teangacha san Eoraip sa´sta go bhfuil comhoibriu´ maith idir na Ranna cuı´ anseo in E´ irinn agus Institiu´ idı´ an Aontais Eorpaigh o´ thaobh chur chun cinn na Gaeilge ar an leibhe´al Eorpach de. Cinnte, ta´ du´ shla´nfo´ s romhainn — go ha´irithe o´ thaobh theangairı´-dlı´odo´ irı´ de — ach ta´ beartais praiticiu´ la idir la´mha ag mo Roinnse chun dul i ngleic leo. Tuigim chomh maith go bhfuil obair idir la´mha ag Foras na Gaeilge cheana fe´in maidir le athbhreithniu´ a dhe´anamh ar an gCaighdea´n Oifigiu´ il. Maidir leis na ce´imeanna ata´ to´ gtha chun haistritheoirı´ agus ateangairı´ ca´ilithe a chur ar fa´il, ta´ Foras na Gaeilge, ar iarratas uaimse, tar e´is co´ ras creidiu´ naithe d’aistritheoirı´ Gaeilge a fhorbairt. Ta´ an caighdea´n cuı´ bainte amach anois ag 98 aistritheoir agus ta´ sonraı´ iomla´na an phaine´il ar fa´il ar shuı´omh idirlı´n an Fhorais, www.forasnagaeilge.ie. Tuigim o´ n bhForas go raibh scru´ du´ creidiu´ naithe eile ann ag deireadh mı´ Feabhra agus ta´ su´ il acu go mbeidh torthaı´ na scru´ daithe sin ar fa´il laistigh de thre´imhse ghearr. Ta´ i gceist acu freisin scru´ du´ eile a reach- ta´il i 2009. Anuas ar sin, bı´onn ceardlanna d’aistritheoirı´ Gaeilge a´ reachta´il ag an bhForas go rialta ar fud an oilea´in d’fhonn cabhru´ le hiarrtho´ irı´ an caighdea´n cuı´ a bhaint amach agus tuigim go bhfuil ag e´irı´ go brea´ leis na ceardlanna sin. Sa bhreis ar sin, ta´ cu´ rsa ar-lı´ne d’aistri- theoirı´, ata´ creidiu´ naithe ag Ollscoil na hE´ ireann Ma´ Nuad, a´ reachta´il o´ mhı´ Mea´n Fho´ mhair 2006 le cabhair o´ n bhForas. Nı´ miste a lua go bhfuil ciste ar leith bunaithe agam chun maoiniu´ a chur ar fa´il do shain- chu´ rsaı´ trı´u´ leibhe´al trı´ Ghaeilge d’fhonn lı´on na gce´imithe le scileanna sonracha Gaeilge i re´imsı´ ar leith a mhe´adu´ . I measc na gcu´ rsaı´ ata´ a´ maoiniu´ o´ n gciste agus ata´ tosaithe no´ le tosu´ amach anseo, ta´ cu´ rsaı´ dı´rithe ar ateangairı´, ar aistritheoirı´ agus ar theangairı´-dlı´odo´ irı´.Ta´ mo Roinn ag tabhairt cu´ namh freisin chun traena´il d’ateangairı´ a chur ar fa´il in Ollscoil Westminster. Chomh maith le sin, ta´ maoiniu´ a´ chur ar fa´il do chu´ rsa dı´rithe ar ateangairı´ a bheidh a´ reachta´il ag Ollscoil na hE´ ireann Gaillimh i mbliana. 586 Questions— 15 May 2008. Written Answers
Mar fhocal scoir, ta´ mo Roinn-se ag obair le hO´ staı´ an Rı´ chun cu´ rsa ce´ime d’abhco´ idı´ a chur ar fa´il. Ta´ do´ chas ann go dtoso´ idh an cu´ rsa i bhFo´ mhar na bliana seo ach muna mbainfear an sprioc sin amach, is cinnte go dtoso´ idh se´ i 2009. Idir an da´ linn, cuireadh dian-chu´ rsa i dte´armaı´ocht dlı´ agus gramadach na Gaeilge ar fa´il in O´ staı´ an Rı´ i 2007 agus beidh cu´ rsa eile da´ leithe´id ann arı´s i mbliana.
Irish Language. 10. Deputy Eamon Gilmore asked the Minister for Community, Rural and Gaeltacht Affairs the progress made in regard to the commitment given in the Programme for Government to extend the number of professionals who are available to serve the Irish language speaking and gaeltacht communities. [18835/08]
33. Deputy Eamon Gilmore asked the Minister for Community, Rural and Gaeltacht Affairs the progress made in regard to the commitment given in the Programme for Government to increase support for the public service to develop the capacity to provide comprehensive services through the medium of the Irish language. [18834/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions No. 10 and 33 together. Foras na Gaeilge has a statutory responsibility for providing advice and assistance to public bodies with regard to the delivery of services through Irish. In that context, my Department is continuing to work with Foras na Gaeilge and other interested parties in relation to putting in place resources to enhance the capacity of the public service to provide services through Irish. These include:
Development of a Quality Assurance System for Translators Foras na Gaeilge has, at my request, developed an accreditation system for Irish language translators. To date 98 translators have achieved the required standard. The system is a signifi- cant resource for public bodies in their implementation of the Official Languages Act. In addition, support is offered to assist translators in achieving the standard required for accreditation. The accreditation system will be a continuous process and will involve examin- ation of translators at regular intervals on an ongoing basis.
Establishment of Dedicated Fund for 3rd level courses In 2006 I established a dedicated fund for advanced Irish language third level courses to help increase the number of professionals with particular skills in the context of the requirements arising from the Official Languages Act 2003 and from the status accorded to Irish as an official and working language of the EU. Courses being funded under this initiative include courses in the area of translation and interpretation. A number of courses have already commenced and it is hoped that further courses can be rolled out during 2008. Funding has also been provided to enable a number students with fluency in the Irish language attend a dedicated course for interpreters at the University of Westminster.
Development of Irish Language Translation Memory Resource During 2007, my Department, in conjunction with Foras na Gaeilge, began the process of developing, on a phased basis, a Translation Memory resource for the Irish language. Trans- lation Memory is based on the reuse of already translated material in order to save time and money. The intention is that this resource will become available during 2008. When developed, this will be a very practical and important resource that will facilitate public bodies in complying 587 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.] with their obligations under the Official Languages Act in a more effective manner by reducing the costs associated with translation to the Irish language.
Other Resources in Place A number of additional resources and supports have also been made available for public bodies to aid them in developing the range and quality of services they provide through the Irish language. These include a testing and certification system for adult learners of Irish developed by the Language Centre, NUI Maynooth, which involves the awarding of qualifi- cations with Europe-wide recognition, as well as a glossary of signage and other terms estab- lished by Foras na Gaeilge on its website www.gaeilge.ie which continues to be developed and expanded. In addition, during 2007, I provided a research grant, from my Department’s Ciste na Gaeilge, to Fiontar, Dublin City University, to assist in the development of a database of EU and legal terminology in the Irish language. In addition, The Honourable Society of King’s Inns, with financial assistance from my Department, provided an intensive Irish language course in 2007 to assist candidates for positions as Lawyer Linguists in the EU Institutions to reach the necessary standard. The intensive course will be provided again this year and the Society has indicated that it intends to provide the three year Barrister-at-Law course through Irish as from the 2009/2010 academic year.
Departmental Expenditure. 11. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs his Department’s spending proposals in 2008 on a county or regional basis, urban and rural; the degree to which expenditure is expected to focus on drug prevention or rehabilitation programmes; and if he will make a statement on the matter. [18849/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I take it the Deputy is referring to Drugs expenditure. Tackling the problem of drug misuse is a key priority for the Government and will continue to be so. This commitment is evidenced by the allocation of over \64m in my Department’s Vote for drugs programmes in 2008, which is a substantial increase on the 2007 allocation. With regard to spending proposals for 2008, my Department is providing funding for the 14 Local and 10 Regional Drugs Task Forces. Over 440 LDTF projects are being supported with funding of \22m from my Department in 2008. In the region of 270 of those projects focus on drug prevention, treatment and rehabilitation. Across the 10 RDTF areas, work is progressing on the implementation of their Action Plans with the level of expenditure expected to reach \10m this year in respect of approx. 200 pro- jects. Currently, in the region of 150 of these projects focus on prevention, treatment and rehabilitation. In addition, as part of a \2m funding package to support rehabilitation and to address cocaine use announced earlier this year, an amount of \750,000 is being earmarked for rehabilitation- focused projects. These will be rolled out through the Drugs Task Forces and the funding will be allocated to individual projects over the coming months. The Deputy should also note that capital funding is available under the Premises Initiative which addresses the accommodation needs of community drugs projects in Task Force areas. Already this year, funding of nearly \4m was approved for 15 capital projects, a number of which focus on rehabilitation. 588 Questions— 15 May 2008. Written Answers
Finally, it should be noted that over \150m has been allocated to date to support a broad range of projects under the Young People’s Facilities & Services Fund. The Fund assists in the development of youth facilities and services in disadvantaged areas where a significant drug problem exists or has the potential to develop. It has a strong preventative theme and targets 10 –21 year olds. Recently, the Fund was expanded to 4 additional towns — Athlone, Dundalk, Wexford and Arklow — and arrangements to give effect to this expansion are being rolled out at present.
Anti-Social Behaviour. 12. Deputy Ciara´n Lynch asked the Minister for Community, Rural and Gaeltacht Affairs his views on the reported increase in drinking and anti-social behaviour along canals and water- ways; the effect such drinking and anti-social behaviour is having on the use of these facilities as walkways and leisure facilities; and if he will make a statement on the matter. [18817/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): My Depart- ment is jointly responsible with the Department of Culture, Arts and Leisure in Northern Ireland for Waterways Ireland, a North/South Implementation Body set up under the British- Irish Agreement in 1999. Waterways Ireland has responsibility for the management, mainten- ance, development and restoration of certain inland navigable waterways principally for rec- reational purposes. The waterways under the remit of the Body are the Shannon-Erne Water- way, the Shannon, the Erne, the Grand Canal (including the Barrow Navigation), the Lower Bann and the Royal Canal. Waterways Ireland informs me that if any of its staff encounters incidents of drinking and anti-social behaviour at any location on the canals or other waterways in this jurisdiction, the matter is reported immediately to the local Garda Sı´ocha´na, who are empowered to enforce the Criminal Justice (Public Order) Act 1994 and the relevant legislation under the Intoxicating Liquor Acts. While Waterways Ireland recognises that such anti-social activity may impact adversely on the environment and on other users of the waterways, the Deputy will appreciate that issues of law enforcement are a matter for the Garda Sı´ocha´na.
Community Development. 13. Deputy John O’Mahony asked the Minister for Community, Rural and Gaeltacht Affairs the alterations that will be made to the delivery of the new LEADER programme on foot of the value for money review carried out by his Department; when this review will be published; and if he will make a statement on the matter. [18920/08]
18. Deputy Olivia Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs when the new LEADER programme will commence. [18957/08]
36. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the extent of his spending proposals in 2008 under the rural development programme on a county basis; and if he will make a statement on the matter. [18848/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 13, 18 and 36 together. The new Rural Development Programme 2007-2013 was adopted in July 2007 and will be delivered by my Department and the Department of Agriculture, Fisheries and Food. This Programme will see an almost three-fold increase in funding available for LEADER type activity in Ireland to \425 million over the lifetime of the Programme. 589 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.]
My Department is responsible for the delivery of Axes 3 and 4 of the Programme. Axis 3 focuses on the quality of life in rural areas and diversification of the rural economy, while Axis 4 deals with the administration of the Local Action Groups who will deliver the measures in Axis 3. The measures to be funded under the new programme include the following:
• Diversification into non-agricultural activities for farm families
• Support business creation and development
• Encouragement of tourism activities
• Basic services for economic and rural population
• Village renewal and development
• Conservation and upgrading of rural heritage
• Training and information on adapted and new skills.
The selection process for the Local Action Groups who will deliver the LEADER part of the Rural Development Programme will commence in the immediate future. As specific funding allocations are dependent on the outcome of this selection process I am unable at this time to detail the funding allocation on a county basis. The LEADER Programmes 2000-2006 have not been subject to a value for money review by my Department. They have, however, been subject to review as required under the relevant EU regulations.
National Drugs Strategy. 14. Deputy Michael Creed asked the Minister for Community, Rural and Gaeltacht Affairs the recommendations of the Report of the Working Group on Drugs Rehabilitation 2007 that have been implemented; if he envisages that rehabilitation services currently available are sufficiently addressing the needs of drug users; and if he will make a statement on the matter. [18955/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Report of the Working Group on Drugs Rehabilitation, published in May 2007, made a series of recommendations for the development of a comprehensive rehabilitation pillar under the National Drugs Strategy. The Programme for Government also contains a commitment to implement these recommendations. I can assure the Deputy that I will be working to ensure that the recommendations of the Report are implemented. Indeed, I understand that my colleague Pat Carey T.D., Minister Of State met with the Minister for Health & Children, Mary Harney T.D., twice this year to pursue this matter. In this context, the Deputy should note that the HSE are taking the lead role on rehabilitation and I understand that the post of Senior Rehabilitation Co-ordinator is to be advertised shortly and that it will be filled by September. It is also proposed that the National Drugs Rehabilitation Implementation Committee, the establishment of which was recom- mended in the Report, will be in place for September to dovetail with the appointment of the Senior Rehabilitation Co-ordinator, who will chair it. Overall progress on the implementation of the Report of the Working Group on Drugs Rehabilitation is also monitored through the Inter-departmental Group on Drugs (IDG). The following are among the recommendations on rehabilitation that are being progressed: 590 Questions— 15 May 2008. Written Answers
• steps are being taken to increase the numbers on drug-specific Community Employment Schemes from 1,000 to 1,300;
• the Dept of Education & Science is developing proposals for an Education Fund for drugs rehabilitation;
• the Dept of the Environment, Heritage & Local Government is establishing a Working Group to progress the recommendations in regard to accommodation issues for drug misusers;
• the Irish Prison Service is working to improve the operation of the Local Prisons Liaison Groups and to ensure a continuum of care for problem drug users when they leave prison; and
• various research options are being considered.
In addition, my Department has provided increased funding to the Family Support Network that will help to support the role of families in the rehabilitation process. Furthermore, it should be noted that additional funding of \12.5m was secured for the drugs area of my Department in 2008 and part of this is being used for rehabilitation initiatives. In particular, funding of \0.75m is being provided to support the development of rehabilitation initiatives through the Drugs Task Forces, building on the recommendations of the Report of the Working Group on Drugs Rehabilitation. These initiatives will assist drug users to regain the capacity for daily life from the impact of their drug use. Overall, I am confident that progress will be made on the implementation of the recom- mendations of the Working Group on Drugs Rehabilitation in the short-term and I look for- ward to the benefits that this will bring to recovering drug users.
Irish Language. 15. Deputy Paul Connaughton asked the Minister for Community, Rural and Gaeltacht Affairs the progress on the Government’s 20 year strategic plan for the growth of the Irish language; and if he will make a statement on the matter. [18933/08]
17. Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs the number of people who attended each of the public meetings hosted by his Department relating to the Irish language 20 year strategy; and if he will make a statement on the matter. [18836/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 15 and 17 together. As I indicated in my response to Questions Nos 20 and 46 on 14 February 2008, the Govern- ment’s Statement on the Irish Language 2006 includes a commitment to develop a 20-year Strategy for the Irish language, which is intended to be the foundation for practical action for supporting and promoting the language, based on a modern, integrated approach. I also indi- cated in that response that external consultants have been engaged to advise in relation to the Strategy. In recent weeks progress has been made on two fronts in respect of the public consultation process element of compiling the Strategy. Firstly, public meetings have taken place as follows:
• Cork on 30 April — with approximately 80 in attendance; 591 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.]
• Limerick on 1 May — with approximately 30 in attendance;
• Dublin on Wednesday 7 May — with approximately 60 in attendance;
• Galway on 13 May — with approximately 60 in attendance; and
• Sligo on 14 May — with approximately 50 in attendance.
Secondly, a survey has been devised to facilitate input from people who were unable to attend the public meetings. This survey is available online (at www.plean2028.ie), both in Irish and English. In this regard, I would like to point out that, in order to facilitate people wishing to participate in the process but who have difficulties in operating or accessing technology, surveys can be completed in hard copy also. In terms of the next steps in the overall process, it is proposed to commence preparation of a draft discussion document outlining principal issues for the proposed Strategy, taking into account the views and recommendations expressed by the public, both at public meetings and through the completed surveys. It is expected that this paper will be available for further public consultation in the Autumn. Thereafter, my Department will prepare a draft Strategy for my consideration and for submission for Government approval by the end of the year.
Tourism Promotion. 16. Deputy Billy Timmins asked the Minister for Community, Rural and Gaeltacht Affairs the measures that have been put in place to market language tourism to the gaeltacht for foreign visitors; and if he will make a statement on the matter. [18940/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): U´ dara´sna Gaeltachta works in close co-operation with Tourism Ireland and Fa´ilte Ireland, which are responsible for actively marketing and promoting Ireland to overseas visitors. In 2007/8, marketing initiatives were put in place with a focus on marketing the Gaeltacht as a place in which to learn Irish and hear the language spoken, and as a tourism destination of outstanding merit. These initiatives have been rolled out over the past year with an emphasis on e-marketing as well as traditional multi-media publicity campaigns. Examples of initiatives to date include:
• the Ireland North West Marketing Campaign using TV, radio, internet and brochures;
• Ireland West’s Connemara Marketing Strategy;
• marketing at trade shows in the United States, the UK and Europe;
• the updating and revision of the Gaeltacht element of all Discover Ireland web infor- mation to include specific information on all Gaeltacht regions; and
• a targeted campaign using European tour operators, which was launched in Paris in April 2008 with a focus on the Belgian, French, Italian and German markets and involved specific market segments focused on the Gaeltacht and the Islands.
I can assure the Deputy that strong working partnerships exist between U´ dara´s na Gaeltachta and Fa´ilte Ireland, in particular through their regional offices and other tourism organisations, with a view to optimising the opportunities the tourism industry provides for the Gaeltacht. 592 Questions— 15 May 2008. Written Answers
Question No. 17 answered with Question No. 15.
Question No. 18 answered with Question No. 13.
Charities Legislation. 19. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Community, Rural and Gaeltacht Affairs if he has investigated the practice of businesses or individuals, who posing as charities, engage in the collecting of clothes in view of the anti-social practices of some of these and their negative impact on legitimate charities such as Enable Ireland and Oxfam; if he is proposing steps for his Department to address the issue; and if he has approached other relevant Ministers to discuss the issue. [18861/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I am well aware that the practice of collecting goods, and particularly clothing, door-to-door, purportedly for charitable purposes, is an issue of concern both to genuine charities and to the general public. However, I should point out that I have no statutory power to regulate the hours that leaflets and other items may be delivered to households in the context of this practice. Measures in the Charities Bill 2007, which completed Committee Stage in Da´il E´ ireann earlier this year, will lead to increased transparency in relation to the operations of charities and should help to ensure that the public will be able to make more informed decisions about the organisations to which they choose to donate. At the present time, the activities of businesses and individuals purporting to collect goods for charitable purposes are unregulated. However, it will be mandatory under the Charities Bill for a charity wishing to operate in the State to register with the proposed Charities Regulatory Authority. The Bill also provides that charities on the register must state they are so registered in all public documents or such other publications as may be prescribed by regulations. It will be within the remit of the Regulatory Authority to take steps to ensure that members of the public will be easily able to check the charitable bona fides of bodies engaged in the collecting of clothes. My Department has been engaged in further consultation with the Attorney General’s Office regarding this matter and, if it is possible to enhance the relevant provisions of the Bill on the basis of legal advice available to me, I will be happy to put down an appropriate amendment at Report Stage.
Drugs Awareness Campaigns. 20. Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs if research has been detailed to determine if recent articles in a national newspaper had an effect in educating parents, teenagers, volunteers and so on in the dangers of illicit substances and their misuses; if so, the action that has taken place or the funding allocated to underpin such actions; and if he will make a statement on the matter. [18824/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The “Lets Talk Drugs” information booklet, published in a national newspaper last January, was wel- comed by my colleague Pat Carey T.D. Minister of State, as a contribution to the overall effort to educate parents — and young people in particular — on the dangers of illicit drugs and to highlight the best ways to cope with the threats involved. No research has been carried out to date to determine the impact this booklet has had. An earlier comprehensive broadsheet publication from the same source published in November last year, was circulated to all second level schools in December, with funding from 593 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.] my Department. The Deputy may be familiar with this publication as it was circulated to all Oireachtas Members. Apart from providing useful information on drugs for young people, the publication also contained inputs from various people and differing views were put forward on how best to tackle different aspects of the drugs problem. This was seen as a means of stimulat- ing debate on the drugs issue at a time when proposals for a new National Drugs Strategy for 2009–2016 are being developed. Also, as part of the National Drugs Awareness Campaign, which is led by the Health Services Executive (HSE), two information leaflets, “Know the facts about drugs” and “Cocaine the facts” were recently published and are available through the Health Promotion Unit of the HSE or through www.healthinfo.ie. These complement the overall campaign which is focused on cocaine. Furthermore, in March last, funding of \0.5m was announced for cocaine awareness campaigns at Drug Task Force level to dovetail with the national campaign. This funding will be allocated to suitable projects over the coming months.
Foclo´ ir Leictreonach. 21. D’fhiafraigh Deputy Michael D. Higgins den Aire Gno´ thaı´ Pobail, Tuaithe agus Gael- tachta ce´n dul chun cinn ata´ de´anta maidir leis an bhfoclo´ ir leictreonach Be´arla-Gaeilge; agus an nde´anfaidh se´ ra´iteas ina thaobh. [18840/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Mar a mhı´nigh me´ mar fhreagra ar Cheist Uimh 11 ar 27 Mea´nFo´ mhair 2007, cheap Foras na Gaeilge Bainisteoir Tionscadail i mı´ Feabhra 2007 chun an tionscadal a chur chun cinn agus fo´ graı´odh an como´ rtas tairisceana do Che´im 2a den tionscadal (bunachar sonraı´ a chur le che´ile de na hiontra´lacha a bheidh san fhoclo´ ir o´ thaobh an Bhe´arla de) i mı´ Lu´ nasa 2007. Tuigim o´ n bhForas go bhfuil dul chun cinn sa´su´ il de´anta leis an tionscadal le roinnt mı´onna anuas. Ar dtu´ s, bronnadh conradh i nda´il le Ce´im 2a i mı´ na Nollag 2007. Cuireadh tu´ s leis an obair sin o´ shin agus ta´thar ag su´ il leis an che´ad charn den bhunachar sonraı´ Be´arla i mı´ Iu´ il na bliana seo. Baineadh amach ce´im shuntasach eile nuair a ceapadh Eagartho´ ir Foclo´ ireachta agus nuair a thosaigh an te´ sin i mbun dualgais i mı´ Feabhra na bliana seo. Maidir le Ce´im 2b den tionscadal (mar a bhaineann le ce´im an aistriu´ cha´in), ta´ sonraı´ocht don che´im sin a´ ullmhu´ ila´thair na huaire agus ta´thar ag su´ il le tairiscintı´ a lorg ina leith nı´os faide amach sa bhliain. Is fiu´ dom a mheabhru´ don Teachta go mbaineann na ce´imeanna seo leis an bunachar sonraı´ don Fhoclo´ ir Nua ar fad a thiomsu´ , idir an leagan leictreonach agus an leagan clo´ ite.
Countryside Access. 22. Deputy Thomas P. Broughan asked the Minister for Community, Rural and Gaeltacht Affairs the uptake for the new walk scheme; the number of walks and landowners that have applied for the scheme; the location of these walks; and if he will make a statement on the matter. [18811/08]
25. Deputy Thomas P. Broughan asked the Minister for Community, Rural and Gaeltacht Affairs the cost involved in the new walk scheme as administered by his Department; if it will improve access to the countryside; if his Department will examine new applications; and if he will make a statement on the matter. [18812/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 22 and 25 together. 594 Questions— 15 May 2008. Written Answers
The Walks Scheme is being introduced, on a pilot basis, in the following areas:
• The E´ amonn a’ Chnoic Looped Walk in Upperchurch, Tipperary
• The Sheep’s Head Way in West Cork
• The Suck Valley Way in South Roscommon/Galway
• The Blue Stack Way in Donegal
Work is under way in agreeing workplans for maintenance with landholders. As individual payments will vary in accordance with the amount of maintenance required on the trails, it is not yet possible to calculate what the level of expenditure will be. My intention is that, when the applications for the pilot areas have been processed, the scheme will be expanded. The scheme has been designed to ensure that permissive walks are maintained to the highest standards and remain open to walkers generally. The question of access to the countryside is being addressed by a sub-group of Comhairle na Tuaithe which is to report shortly on the legal issues involved.
Question No. 23 answered with Question No. 9.
Sport and Recreational Development. 24. Deputy Emmet Stagg asked the Minister for Community, Rural and Gaeltacht Affairs the funding provided by his Department to groups or associations in RAPID areas to provide recreational or sporting facilities in such areas; and if he will make a statement on the matter. [18832/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within 46 designated RAPID areas nationally. I initiated the leverage schemes in 2004 in order to support small-scale projects identified locally by the Area Implementation Teams in each of the RAPID areas. These schemes are co-funded by the relevant agencies and fund projects that focus on estate enhancement, graffiti removal, traffic calming, CCTV, health and sports facilities, and the provision of playgrounds. In 2007 I agreed to co-fund the provision of certain facilities in schools located in, or mainly servicing children from, RAPID areas. Each of the 46 RAPID areas is allocated \66,000 annually under the playgrounds leverage scheme co-funded with the Health Services Executive and the Department of Health and Chil- dren. The Sports Capital Top-up Scheme has been operated annually with the Department of Arts, Sport and Tourism since 2004 under which my Department provides an additional grant of up to 30% of the funds allocated under the Sports Capital Programme, subject to an overall limit of 80% of the project cost. Disbursements from the Dormant Accounts Fund are designed to assist three broad categor- ies of persons — those who are socially or economically disadvantaged; those who are edu- cationally disadvantaged; and persons with a disability. Following the enactment of the Dor- mant Accounts (Amendment) Act 2005, funding was ring-fenced to support priority projects in RAPID areas. With respect to 2007, the first year of adoption of this approach, 15% of funds or \1.1 million were ring fenced for sport and youth related activities in RAPID areas. Some \2.0 million of the Dormant Accounts was allocated under the 2006 and 2007 rounds of funding for equipment grants for youth groups with a particular focus on disadvantaged and marginal groups. 595 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.] Additionally, in March of this year, the Government approved up to \1.5 million in seed funding to support interagency initiatives delivering recreation services for children and young people.
Question No. 25 answered with Question No. 22.
National Drugs Strategy. 26. Deputy Joe Costello asked the Minister for Community, Rural and Gaeltacht Affairs the amount spent by the local drugs task forces to date for each area; the amount allocated by his Department; the number employed in each task force; and if he will make a statement on the matter. [18815/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Approxi- mately \22m in current funding has been allocated in 2008 to support the work of the 14 Local Drugs Task Forces. This sum does not, however, include the \2m in funding announced early this year for initiatives to address cocaine use and to support rehabilitation at Drugs Task Force level. I will be allocating this funding to suitable projects later in the year. In addition, Drugs Task Forces may apply for capital funding under the Premises Initiative which aims to address the accommodation needs of community drugs projects. Due to the volume of information involved from across the various Local Drugs Task forces, I am arranging for my officials to compile and forward the details requested to the Deputy as quickly as possible.
Rural Development Programme. 27. Deputy Kathleen Lynch asked the Minister for Community, Rural and Gaeltacht Affairs his views on the recent television programme on RTE´ that highlighted the fear that many communities have with respect to the closure of their local post office, shop and convenience store and the loneliness such events are having on rural communities; the action he will take to combat such events in rural communities; and if he will make a statement on the matter. [18820/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): My Depart- ment’s range of rural development and community development programmes reflect the Government’s commitment to ensuring the economic and social well-being of rural communi- ties. However, I have no direct function for postal services or the maintenance of post offices.
An Teanga Gaeilge. 28. D’fhiafraigh Deputy Brian O’Shea den Aire Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta ce´nme´id airgid a bheidh ar fa´il i mbliana do Shoilse Nollag as Gaeilge; agus an nde´anfaidh se´ ra´iteas ina thaobh. [18838/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I dtu´ sba´ire, ba mhaith liom a mhı´niu´ don Teachta nach bhfuil aon chiste airgid ar leith ar fa´il o´ mo Roinn- se chun soilse Nollag a chur ar fa´il as Gaeilge. Sin ra´ite, a´fach, ta´ maoiniu´ curtha ar fa´il ag mo Roinn o´ n bhFo-Chiste Gno´ de Chiste na Gaeilge d’eagrais dheonacha agus do ghru´ paı´ gno´ chun cu´ namh a thabhairt do´ ibh an Ghaeilge a chur chun cinn i measc gno´ thaı´ a´itiu´ la pobail. Chun a bheith ca´ilithe don mhaoiniu´ seo, nı´ mo´ r don ghru´ pa plean gno´ as Gaeilge a chur ar fa´il le spriocanna sonracha a bhaineann le cur chun cinn na Gaeilge agus mı´niu´ cruinn ar ce´n chaoi a mbainfear na spriocanna seo amach. Ta´ an maoiniu´ seo ar fa´il o´ mo Roinn-se ar an 596 Questions— 15 May 2008. Written Answers gcoinnı´oll go mbı´onn comh-mhaoiniu´ (ı´osmhe´id de 25%) ar fa´il ag an iarrataso´ ir o´ u´ dara´is a´itiu´ la no´ o´ ghno´ thaı´ a´itiu´ la pobail eile. Mar fhocal scoir, ce´ go bhfuil fa´ilte roimh iarratais faoin bhFo-Chiste Gno´ ,nı´ mo´ r dom a mhı´niu´ gur suim theoranta airgid ata´ ar fa´il agus, sa chomhthe´acs sin, d’fhe´adfadh se´ tarlu´ nach mbeifı´ a´balta freastal ar gach iarratas.
Irish Language. 29. Deputy Joanna Tuffy asked the Minister for Community, Rural and Gaeltacht Affairs the number of meetings held to date of the Government sub-committee to agree a national plan for the Irish language; when the next meeting is due [18837/08]
39. Deputy Enda Kenny asked the Minister for Community, Rural and Gaeltacht Affairs when the Cabinet Committee on the Irish Language will next meet. [17135/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 29 and 39 together. The Government, having noted the Report of the Linguistic Study on the Use of Irish in the Gaeltacht, decided late last year to establish a Cabinet-level Committee to consider matters arising in the context of the analysis and recommendations of the Report, and to agree an integrated action plan within a year to secure the future of Irish as the community language in the Gaeltacht. The first meeting of this Committee took place on 10 April 2008. A number of issues have arisen for consideration by relevant Government Departments and a further meeting will be arranged when that process is completed.
Community Development. 30. Deputy Liz McManus asked the Minister for Community, Rural and Gaeltacht Affairs the success of the rural social scheme; the amount of money allocated to this scheme since its inception; his plans to further develop the scheme; and if he will make a statement on the matter. [18822/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The Rural Social Scheme (RSS) has become a key part of many rural communities. All 2,600 participant places and 130 supervisor positions available to the scheme have been allocated and quotas have been assigned to each of the Implementing Bodies. The success of the scheme from the perspective of Participants, Supervisors, Implementing Bodies and Community organisations has been documented in the 2007 Case Study document, entitled The Rural Social Scheme — Making a difference in Rural Ireland. I am arranging for copies of this report to be laid before the House. The RSS provides resources to maintain and improve local amenities and facilities in rural areas with a total of 1,766 projects supported in 2007. The flexibility and farmer/fisher-friendly nature of the scheme enables participants meet the needs of their farming/fishing enterprises while at the same time the participant is earning a supplementary income and providing valu- able community services. Since its inception, a total of \166.336m has been allocated to the RSS. While I am not considering an expansion of the Rural Social Scheme at this time, I am confident that any commitments given in the Programme for Government will be met over its lifetime. 597 Questions— 15 May 2008. Written Answers
Anti-Social Behaviour. 31. Deputy Ruairı´ Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the family support initiatives available to families and communities to counteract anti social behaviour where there is a lack of recreational or sporting facilities available; and if he will make a statement on the matter. [18826/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware, addressing anti-social behaviour is primarily a matter for my colleague, the Minister for Justice, Equality and Law Reform while responsibility for family supports rests with the Minister for Social and Family Affairs. My Department does, however, operate a number of programmes, such as the Local Development Social Inclusion Programme, the Community Development Programme, the RAPID Leverage Schemes and the Young People’s Facilities and Services Fund which specifi- cally support local communities and individuals. Many of these initiatives provide co-funding for the activities of other Departments, State agencies and local authorities or provide direct support as in the case of recreational facilities for young people. I believe that all of these initiatives make a positive contribution to addressing the issues of anti-social behaviour and the lack of recreational opportunities. Details of all the programmes and schemes operated by my Department, including eligibility criteria, can be accessed on the Department’s website at www.pobail.ie.
Forbairt na nOilea´n. 32. D’fhiafraigh Deputy Dinny McGinley den Aire Gno´ thaı´ Pobail, Tuaithe agus Gaeltachta cad e´ an dul chun cinn ata´ de´anta maidir le haerstra´ice ar Oilea´n Thoraı´ agus ce´n uair a bhfuil su´ il aige go gcuirfear tu´ s leis an obair. [18794/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Ar iarratas o´ mo Roinnse agus i gcomhairle le hU´ dara´s na Gaeltachta, ta´ Comhairle Chontae Dhu´ nna nGall i mbun an phro´ ise´is chun Orduithe Ceannacha´in E´ igeantaigh a chur i bhfeidhm ar an talamh a theastaı´onn don aerstra´ice ar Oilea´n Thoraigh. Is e´ an staid reatha na´ go bhfuil na le´arsca´ileanna agus na fo´ graı´ oifigiu´ la a´ re´iteach ionas gur fe´idir seilbh dlı´thiu´ il a fha´il ar an suı´omh. Tuigim go bhfuiltear ag su´ il go mbeidh dul chun cinn de´anta ar an ghne´ seo den fhorbairt laistigh d’achar gairid.
Question No. 33 answered with Question No. 10.
National Drugs Strategy. 34. Deputy Pat Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs the number of meetings he has had with the national sports organisations in relation to drug misuse; the results of the meetings; and if he will make a statement on the matter. [18829/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): In the con- text of his previous responsibilities relating to Drugs, my colleague Pat Carey T.D., Minister of State, met with representatives of Basketball Ireland in February this year in relation to the provision of Youth Development Officers. Their proposal in this regard is currently receiving consideration in this Department. I want to acknowledge the importance of sport for young people, and in particular, its role in helping to divert them from exposure to the risks of involvement in illicit drugs. In this context, the Deputy should note that 20 Sports Development Officers are employed under the 598 Questions— 15 May 2008. Written Answers
Young Peoples Facilities and Services Fund (YPFSF) and that a further 9 “Football in the Community” Development Officers are co-funded through the YPFSF, Dublin City Council and the FAI themselves.
35. Deputy Catherine Byrne asked the Minister for Community, Rural and Gaeltacht Affairs the number of drug outreach workers employed in the country, and in Dublin, whose salaries are funded by his Department; the procedure for employing a drugs outreach worker; the professional and educational criteria they must meet and their typical job description; and if he will make a statement on the matter. [18865/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): My Depart- ment funds approximately 26 specific outreach posts through the Local Drugs Task Forces and 11 posts across the 10 Regional Drugs Task Forces. However, the Deputy should note that my Department also funds a number of other posts including community support workers, safety officers, education officers, prison links workers, project support workers, counsellors, preven- tion education workers, liaison workers, youth workers, health promotion officers, all of which operate through the Task Force structures. Projects normally originate at community level and are submitted through the Drugs Task Forces to the National Drugs Strategy Team who make recommendations to me on funding. These projects are based on locally identified needs and priorities in the areas of prevention, treatment, rehabilitation, education and research. The educational and professional criteria that workers must meet and their typical job descriptions will vary, therefore, according to the type of projects involved and target group that the individual worker will be engaging with. In addition, the Deputy should note that under the Young People’s Facilities and Services Fund, a number of outreach workers are funded—6inDublin and 4 outside of Dublin. Under the Fund, a further 73 youth workers are employed in Dublin and 30 outside of Dublin, as well as 20 Sports Development Officers and 9 Football in the Community Officers.
Question No. 36 answered with Question No. 13.
Drugs Classification. 37. Deputy Ruairı´ Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if he proposes to re-categorise cannabis here in view of proposals to do so in the UK; and if he will make a statement on the matter. [18827/08]
46. Deputy Pat Rabbitte asked the Minister for Community, Rural and Gaeltacht Affairs the concerns raised by health agencies with him in relation to the compelling evidence that cannibas can create serious illness such as schizophrenia; the action he has taken to highlight such effects; the meetings he has had with the Department of Health and Children to determine the action that will be taken to highlight such effects and to protect the users against such effects; and if he will make a statement on the matter. [18828/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 37 and 46 together. In Ireland we do not utilise a similar type of drugs classification mechanism to that used in the UK. While the proposed re-classification of cannabis in the UK is a matter for their Govern- ment, I do note with interest the increased level of concern about this drug that is reflected by that proposal. The control of drugs in Ireland is regulated by the Department of Health and Children under the Misuse of Drugs Acts 1977 and 1984. Under these Acts the importation, exportation, 599 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.] production, supply and possession of a range of named narcotic drugs and psychotropic sub- stances are regulated and controlled. The list of scheduled substances is kept under review on an ongoing basis. In particular, the Department of Health and Children reviews any evidence that substances are being abused and are causing significant harm to public health. I understand that the Home Secretary in the UK made the request for the reclassification of cannabis in the light of “real public concern about the potential mental health effects of can- nabis use, in particular the use of stronger forms of the drug, commonly known as skunk.” In this context, the Deputies should note that skunk has higher levels of TetraHydroCannabinol (THC), the active hallucinogenic chemical in cannabis, than is found in other forms of the drug. The 2002/2003 All Ireland Drug Prevalence Survey found a prevalence rate of 3% for skunk among current (last month) cannabis users. The corresponding figure from the second such Survey in 2006/2007 is lower at 1.2%. Cannabis resin continues to be the main form used in Ireland, though there are some indications that demand for herbal cannabis is rising. Health agencies have not raised specific concerns with my Department in relation to the evidence that cannabis can give rise to serious illness such as schizophrenia nor have my officials had recent discussions with the Department of Health and Children on this specific matter. However, I do not underestimate the potential damage that cannabis use can cause. The National Advisory Committee on Drugs (NACD) 2004 publication An Overview of Scientific and Other Information on Cannabis highlighted these dangers, including the heightened risk of schizophrenia, particularly for those with a predisposition towards that illness. Meanwhile, the current National Drugs Awareness Campaign focuses on cocaine, though previous cam- paigns targeted young people aged 13 to 17 years with messages on the dangers of cannabis use. I can assure the Deputies that the dangers of cannabis will not be underestimated and that broad supply reduction and prevention measures will continue to focus on that drug as the National Drugs Strategy continues to be rolled out.
Community Development. 38. Deputy Seymour Crawford asked the Minister for Community, Rural and Gaeltacht Affairs if there will be funding towards LIS schemes in the CLA´ R area in 2008; if so, when he will announce same; his views on whether to carry out a proper structuring job on such lanes would take some time to prepare them; and if he will make a statement on the matter. [18847/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): To date, \2.8m. has been spent under the CLA´ R LIS measure in 2008 with some \250,000 remaining to be claimed. Regarding any further LIS measure I fully recognise that it takes time to select roads under this scheme and that it would be preferable to afford Local Authorities the opportunity to do work during the Summer months. These issues will be taken into account in any further Cla´r LIS measure proposed in the future.
Question No. 39 answered with Question No. 29.
Question No. 40 answered with Question No. 7.
41. Deputy Sea´n Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs if there is an aspect of funding under the RAPID or CLA´ R programmes that will permit organisations running summer camps to draw down in order that such organisations can provide 600 Questions— 15 May 2008. Written Answers places for children of families of social welfare recipients or families on low incomes; and if he will make a statement on the matter. [18831/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within 46 designated RAPID areas nationally. While the lever- age schemes, introduced by me in 2004, support small-scale capital projects identified by the Area Implementation Teams in each of the RAPID areas, summer camps are not eligible for funding given the capital nature of the funds provided. The CLA´ R Programme provides funding and co-funding to Government Departments, State Agencies and Local Authorities to accelerate investment in selected priority developments. These investments support physical, economic and social infrastructure across a variety of measures. The Programme supports capital projects only and so does not provide funding for summer camps. However, I should mention the Dormant Accounts Fund disbursements which are designed to assist three broad categories of persons — those who are socially or economically disadvan- taged; those who are educationally disadvantaged; and persons with a disability. Following the enactment of the Dormant Accounts (Amendment) Act 2005, funding was ring-fenced to sup- port priority projects in RAPID areas. With respect to 2007, the first year of adoption of this approach, 15% of funds or \1.1 million has been ring fenced for sport and youth related activities, including summer camps, in RAPID areas. Some \2.0 million of the Dormant Accounts was allocated under the 2006 and 2007 rounds of funding for equipment grants for youth groups with a particular focus on disadvan- taged and marginal groups. Additionally, in March of this year, the Government approved up to \1.5 million in seed funding to support interagency initiatives delivering recreation services for children and young people.
National Drugs Strategy. 42. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to the difficulties faced by grandparents who become the primary carer of their grandchildren as a result of their own child’s drug addiction; and the steps he will take and the funding that will be made available to support these grand- parents. [18862/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware, issues regarding the safety or welfare of children are a matter for my colleague, Mary Harney T.D., Minister for Health and Children. However, I am very aware that problem drug use has a devastating effect on families with grandparents, in some instances, taking on the parenting roles to their grandchildren. In this context, the Deputy should note that family support has been identified as a priority under the National Drugs Strategy and many drugs projects that are funded by my Department through the Local and Regional Drugs Task Force areas focus on family support issues. With regard to grandparents, the CUMAS project, which was approved \190,000 from my Department this year through the Clondalkin Local Drugs Task Force, provides support to parents, grandparents, siblings and children of drug users and to young drug users themselves. Of this funding, \30,000 focuses on providing child care, respite and family therapy costs for parents and grandparents living with addictions. 601 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.]
Furthermore, \150,000 from my Department was approved for the Family Support Network in 2007 to facilitate improved links and partnerships between the families of problem drug users and others involved in the National Drugs Strategy. The Network has been involved on an ongoing basis in the active support of grandparents or extended family members who take on the role of caring for the children of drug users. In 2004 the Network published “Supporting Grandparents...Supporting Children” with funding from my Department. Finally, the Report of the Working Group on Drugs Rehabilitation, which was published last year, recognised that families of problem drug users have the potential to be a key element to the rehabilitative effort. The recommendations of that Report will be implemented as part of the Programme for Government.
Electricity Network. 43. Deputy Seymour Crawford asked the Minister for Community, Rural and Gaeltacht Affairs the number of people who have applied for CLA´ R funding in 2007 and 2008 for improved ESB installation on a county basis; and if he will make a statement on the matter. [18846/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy is aware CLA´ R funds the cost of the customer contribution to the ESB for the instal- lation of three-phase electricity for all new or existing businesses/enterprises in CLA´ R areas. Applications are also accepted from Sports clubs who wish to install floodlights at sports grounds and from Community groups who wish to install three-phase electricity in order to equip community centres with catering kitchens etc. The following Table sets out the number of applications for CLA´ R funding under this scheme for 2007 and 2008.
County 2007 2008
Cavan 7 13 Carlow 1 0 Clare 2 4 Cork 28 8 Donegal 17 11 Galway 8 7 Kerry 18 11 Laois 2 1 Leitrim 7 1 Limerick 5 0 Longford 8 3 Louth 1 0 Mayo 12 5 Meath 1 0 Monaghan 28 31 Roscommon 4 9 Sligo 1 2 Tipperary 2 3 Waterford 0 1
Total 152 110
602 Questions— 15 May 2008. Written Answers
National Drugs Strategy. 44. Deputy Aengus O´ Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs the reason for the delays and difficulties providing funding to a project (details supplied) which had the effect of forcing the project to let a staff member go despite it receiving a positive evaluation; his views on whether this practice of drip-feeding funding to projects is unacceptable as it makes the strategic planning of service delivery impossible; and the steps planned to ensure that in the future funding will be secure and seamless. [18860/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): From 2005 to 2007, my Department allocated funding of \194,000 to the project referred to by the Deputy and a further \35,000 was approved in April this year. I understand that the project is operating with its full staff complement and this additional funding will maintain the service in the project at its current levels for the remainder of 2008. I am fully satisfied that the funding approved by my Department has been notified to the project and the channel of funding (the HSE) in a timely and efficient manner. The Deputy may also be aware that the HSE has also provided funding to the project. As part of the approval of the additional funding this year, the Local Drugs Task Force in which the project is located, has been requested to look at its longer term requirements and the project is currently working with the Task Force in this regard.
Substance Misuse. 45. Deputy Willie Penrose asked the Minister for Community, Rural and Gaeltacht Affairs the seminars or meetings he or his officials has attended within the EU Framework or otherwise in relation to the misuse of illicit substances; the countries involved; if there is compatibility with other countries in trends of misuse in relation to age groups, communities, employment factors and so on; and if he will make a statement on the matter. [18825/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Officials from my Department attend meetings of the EU National Drug Coordinators which are held twice a year. These meetings are hosted by the country holding the EU Presidency and those responsible for drug coordination in each Member State attend. The Department of Justice, Equality and Law Reform has the lead role on the Horizontal Working Party on Drugs, which is an European Council Working Group. These meetings are chaired by representatives of the current Presidency country and meetings are held once a month in Brussels. Officials from my Department attend on an occasional basis, depending on the relevance of the agenda items to their overall co-ordination role in regard to the National Drugs Strategy. Officials of the Drugs Strategy Unit also attend additional EU meetings on an occasional basis. Examples include a meeting on the Evaluation of Public Policies and Programmes on Drugs held in Lisbon last year. My Department also has the lead role on the Sectoral Group on the Misuse of Drugs under the British-Irish Council (involving eight jurisdictions). Approximately four meetings of the Group are held each year at official level, normally with one meeting at ministerial level. My Department also made a significant input to the British-Irish Council Summit Meeting held in February, where ‘Families and Drugs Misuse’ was one of the main agenda items. It is difficult to accurately assess the degree of compatibility with other countries in regard to trends of drug misuse in view of variations in the availability of data, the methodologies of collecting data and the timing of various surveys and research. However, some general points
603 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.] can be made. The European Monitoring Centre for Drugs and Drugs Addiction (EMCCDA) reports that opiates remain the principal drugs for which clients seek treatment in many coun- tries and they also report that there is more drug use amongst males than females in EU Member States.
Question No. 46 answered with Question No. 37.
Departmental Agencies. 47. Deputy Sea´n Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs the number of agencies established within his Department since he became Minister; the cost of running and establishing each task force for each of the years that they have been estab- lished; and the action taken as a result of the decisions or recommendations. [18830/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Since my appointment as Minister in 2002 one new agency, Oifig Choimisine´ir na d’Teangacha Oifigu´ la was established. For completeness I should add that during this time Pobal was reconstituted from the former ADM, and that the Dormant Accounts Disbursement Board was replaced by the Dormant Accounts Board. The latter has no fulltime staff. Details in relation to taskforces are set out in the following Table.
Table: Task Forces / Steering Groups established since June 2002
Purpose of Task Force/ Steering Group Year established Cost Action taken as a result of recommendations
Steering Group to oversee the December 2007 \13,781 (to date) No recommendations available yet. The development of the National Drugs report is due to be submitted to the Strategy 2008-2016 Minister by end of 2008 Comhairle na Tuaithe was established in February 2004 2004 — Nil • Access parameters and countryside February 2004 to address the2005 — \69,360.04 code agreed following priority issues: 2006 — \55,179 • National Countryside Recreation • Access to the Countryside Strategy published in September 2007 — \55,790.70 • Developing a Countryside Code; 2006 and 2008 — \51,004.77 • Development and launch of the • Developing a Countryside ‘Walks Scheme’ Recreation Strategy • Employment of 12 Rural Recreation Officers • Sub group of Comhairle na Tuaithe examining outstanding legal issues regarding land access for recreational use, which is due to report by mid-June 2008.
Job Creation. 48. Deputy Emmet Stagg asked the Minister for Community, Rural and Gaeltacht Affairs the employment initiative programmes established by his Department in rural Ireland and in urban Ireland in agreement with the Department of Enterprise, Trade and Employment in each of the past five years; the cost of implementation; the number of jobs created; the areas where they were created; and if he will make a statement on the matter. [18833/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware, my Department has progressed a number of employment initiatives in both urban and rural areas over the last five years, in agreement and consultation with the Department of Enterprise, Trade and Employment. 604 Questions— 15 May 2008. Written Answers
In 2006, responsibility for the Community Services Programme (CSP) was transferred to my Department from FA´ S. The cost of implementing the CSP in 2006 was \37 million and in 2007 was \43 million. 1,657 jobs were created in 2006, and this increased to 1,937 in 2007. In both years the jobs created were created in 26 counties. The Rural Social Scheme was launched by my Department in 2004. This was launched follow- ing consultation with FA´ S and other Government Departments. The details requested by the Deputy in respect of this Scheme are provided in tabular format.
RSS 2003 2004 2005 2006 2007
Cost of Implementation N/A \3.398m \25.464m \39.476m \47.675m Number of places available (incl. supervisors) N/A 899 2,019 2,730 2,730 Areas where places were created N/A Places created in Places created in Places created in Places created in 16 counties 25 counties 25 counties 25 counties (nil in (nil in (nil in Dublin) Dublin) Dublin)
In co-operation with the Department of Enterprise, Trade and Employment, my Department has also established a special enterprise scheme for non-Gaeltacht offshore islands. Since the scheme became operational in 2006, five projects in all have been granted assisted to end of 2007. Grant applications are administered through the County Enterprise Boards in Counties Sligo, Mayo, Galway and Cork. In 2006, the cost of implementing the scheme was \56,875 and a total of 5 jobs were created in Cork. In 2007, the cost of implementing the scheme was \185,000 and 4 full time jobs and 9 part time jobs were created in Cork and Mayo. My Department also operates the LEADER programmes, which are co-funded with the EU, and the focus of these programmes is to assist and encourage social and economic development in rural areas. The LEADER programme 2001-2006 was established over six years ago by my Department and developed in consultation with the Department of Enterprise, Trade and Employment. As the Deputy may be aware, I intend to launch the LEADER element of the Rural Development Programme 2007-2013 in the immediate future. The Rural Development Programme 2007-2013 will provide a significant focus on enterprise, with almost \50 million available for the support of business creation and development. The Deputy will be aware that responsibility for the creation of employment in Gaeltacht areas rests with U´ dara´s na Gaeltachta, rather than directly with my Department. Information in regard to assistance provided by U´ dara´s na Gaeltachta and numbers of jobs created is published in that organisation’s Annual Report and Accounts which, under sections 18 and 19 of the U´ dara´s na Gaeltachta Act 1979, are laid annually before each of the Houses of the Oireachtas. The Western Development Commission, another body that also comes within the ambit of my Department, has responsibility for fostering and promoting economic and social develop- ment, including job creation in the Western Region. Information in relation to the assistance and support provided by the Western Development Commission, and numbers of jobs created is published in that organisation’s Annual Report and Accounts, which are also laid annually before each of the Houses of the Oireachtas.
Tax Collection. 49. Deputy Mary Upton asked the Minister for Finance further to Parliamentary Question No. 108 of 8 May 2008, the amount of tax that has been deducted from the tax credits from these tenants (details supplied); if he will refund these tax credits to the tenants as they were 605 Questions— 15 May 2008. Written Answers
[Deputy Mary Upton.] not aware of the requirement to deduct a portion of their rent and this was not communicated to them by their landlord; and his views on whether this rule should not be applied so inflexibly or rigidly as to create inequity. [18984/08]
Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that as the tenants in question pay rent to a non-resident landlord, they are obliged to deduct income tax at the standard rate (20%) from the rental payments and pay that amount over to the Revenue Commissioners. Where the tenants are PAYE taxpayers, and the amount due to be withheld is not paid over directly to Revenue, it can be collected through the PAYE system by restricting total tax credits by the appropriate amount. For the year 2008, the tenants’ total tax credits are being restricted by \2,078.40 on the basis of an estimated monthly rent of \866. (The figure of \2,078.40 is 20% of \866 multiplied by twelve.) I am advised that Revenue’s Dublin Region will shortly be in touch with the tenants to establish the full facts and circumstances and that any appropriate adjustments for 2008 will be made after the position has been clarified. I am further advised that Revenue will not be restricting the tenants’ tax credits for any years prior to 2008. While there is a need to ensure that Irish income tax is collected on rental income paid abroad, the application of the obligation on tenants to withhold tax on rental payments to non- residents can give rise to some practical difficulties in some circumstances — this has already been commented on by my predecessor in the course of this year’s Finance Act debates and my Department and Revenue officials have been asked to review the scheme and see whether better arrangements can be made.
Ministerial Appointments. 50. Deputy Fergus O’Dowd asked the Minister for Finance the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18994/08]
54. Deputy Leo Varadkar asked the Minister for Finance the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19087/08]
55. Deputy Leo Varadkar asked the Minister for Finance the appointments made by him between 26 of February 2008 and 1 of April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19101/08]
Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 50, 54 and 55 together. The information requested by the Deputies for the period 26th February 2008 to the 07th May 2008 is set out in the table below.
Name of Body Name of Appointees Date of Appointment Place or town of Residence
Public Appointments Service Ms Michelle Shannon 20th Apr 2008 Dublin Mr Bernard Carey 20th Apr 2008 Dublin Mr Dan Murphy 20th Apr 2008 Dublin Mr Des Dowling 20th Apr 2008 Dublin
606 Questions— 15 May 2008. Written Answers
Name of Body Name of Appointees Date of Appointment Place or town of Residence
Mr Michael Errity 20th Apr 2008 Dublin Ms Breda Power 20th Apr 2008 Dublin Ms Bernie Gray 20th Apr 2008 Dublin
Central Bank and Financial Services Mr Dermot O’Brien 01st May 2008 Dublin Authority of Ireland Dr Brian Hillery 01st May 2008 Dublin Mr David Begg 01st May 2008 Co. Dublin Mr John Dunne* 01st May 2008 Dublin Mr Gerard Danaher* 01st May 2008 Dublin Ms Deirdre Purcell* 01st May 2008 Co. Meath
Irish Financial Services Regulatory Mr Jim Farrell 01st May 2008 Dublin Authority Mr Tony Grimes 01st May 2008 Dublin *These members were all re-appointed to the board.
Flood Relief. 51. Deputy Paul Connaughton asked the Minister for Finance the reason a grant of \20,000 promised by the Office of Public Works towards the cost of improvement of the Cloonlyon Stream, Ballygar, County Galway has not been paid; if there is a cut off date after which a proposed grant of \20,000 will be withdrawn; and if he will make a statement on the matter. [19013/08]
Minister of State at the Department of Finance (Deputy Martin Mansergh): The Commis- sioners of Public Works have not received a request for payment of the money in question, which is a contribution towards the cost of works proposed to be undertaken by the River Suck Joint Drainage District Committee. The work which is the subject of the contribution has not been undertaken as far as the Commissioners are aware and the conditions attaching to the making of a contribution have not been met. Payment of the contribution will be subject to the proposers of the scheme fulfilling all the conditions attached to the offer. No formal date for expiry of the offer has been set but it cannot be held open indefinitely.
European Council Meetings. 52. Deputy Leo Varadkar asked the Minister for Finance the number of Council of Ministers meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19045/08]
Minister for Finance (Deputy Brian Lenihan): The Minister for Finance attended 25 Council of Economics and Finance Ministers (ECOFIN) meetings between May 2005 and May 2008. The Minister of State at the Department of Finance attended four Council of Economics and Finance Ministers (Ecofin Budget Council) meetings during the same period. In excess of two 607 Questions— 15 May 2008. Written Answers
[Deputy Brian Lenihan.] hundred and fifty decisions were taken by Ecofin during the period in question (Details by year in table). The EU operates in a manner which encourages and facilitates the search for agreement between the Member States. While the Treaties provide that the principal method of reaching Council decisions is by Qualified Majority Voting (QMV), recourse to voting is very rare because agreement is normally achieved through negotiation and the search for compromise. Within the Union, whenever a Member State takes a very strong view against a draft pro- posal, it is normally amended to facilitate agreement and in cases where unanimity applies a Member State can prevent the proposal from proceeding. Our consistent national approach at EU level is to articulate our concerns, to seek support from partners and the EU institutions, and to advance our national interests through the process of negotiation.
Year Meeting Title Minister Attended Decisions
2008 Jan-May* Council of Economics and Finance Ministers 5 meetings 532 votes (Ecofin) 2007 Council of Economics and Finance Ministers 6 meetings 512 votes (Ecofin) 2007 Council of Economics and Finance Ministers 2 meetings attended by 2 by Vote (Ecofin Budget Council) Minister of State 2006 Council of Economics and Finance Ministers 10 meetings 1,044 votes (Ecofin) 2006 Council of Economics and Finance Ministers 1 meeting attended by 1 by Vote (Ecofin Budget Council) Minister of State 2005 May-Dec Council of Economics and Finance Ministers 5 meetings 443 Votes (Ecofin) 2005 Council of Economics and Finance Ministers 1 meeting attended by 1 by Vote (Ecofin Budget Council) Minister of State * No information on Decisions for May 08 Ecofin at time of writing.
Site Acquisitions. 53. Deputy Leo Varadkar asked the Minister for Finance if the Office of Public Works can use compulsory purchase order powers to acquire land for a school; if it has ever been done; the length of time the CPO process takes on average; and if he will make a statement on the matter. [19075/08]
Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works in Ireland act as agents for the Department of Education & Science in the acquisition of sites for schools and solely on their instruction. The Office of Public Works does not have any authority to acquire sites for schools by Compulsory Purchase Order. Questions Nos. 54 and 55 answered with Question No. 50.
Fiscal Policy. 56. Deputy Leo Varadkar asked the Minister for Finance if he has discussions or communi- cations with the ECB, European Commission or other European Governments regarding the possibility that Ireland may breach the 3% GDP ceiling for Government borrowing in 2009; and if he will make a statement on the matter. [19107/08]
Minister for Finance (Deputy Brian Lenihan): In Budget 2008, a General Government Balance of -0.9% of GDP was projected for 2008 and -1.1% for 2009. As is the norm, I will 608 Questions— 15 May 2008. Written Answers publish updated figures later in the year. The European Commission’s recently published Spring 2008 Economic Forecast includes a projection in Ireland’s case of a deficit of 1.7% of GDP on the General Government Balance in 2009. In this regard, my euro area colleagues and I are currently engaged in the annual mid-year review of the implementation of budgetary policies and prospects for the coming year. No discussions have taken place with the ECB, European Commission or other European Governments on the possibility of Ireland breaching the 3% of GDP deficit ceiling in 2009.
Tax Yield. 57. Deputy Joe McHugh asked the Minister for Finance the amount of taxpayers’ money paid in County Donegal in each year from 2004 to 2007; and if he will make a statement on the matter. [19110/08]
Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the exact information sought for all taxes on a county basis is not available. Revenue Sheriffs, County Registrars or their officers operate for the purposes of enforcement of tax debt within certain geographical boundaries known as a “bailiwick” which equates geographi- cally with “county”. Data on the net receipts for most taxes can be linked to bailiwicks to provide an estimated breakdown of receipts on a county basis. The following table sets out the estimated breakdown of net receipts for Income Tax (PAYE & non-PAYE), VAT (Domestic), Corporation Tax, and Capital Gains Tax. Basic data is not recorded in such a manner as would enable a breakdown by county to be provided in respect of the yield from Stamp Duties, Capital Acquisitions Tax (including Inheritance Tax), Customs, Excise and VAT at the point of Import.
Estimated breakdown of tax collection for County Donegal
Income Tax
Year PAYE (non-PAYE) VAT (domestic) Corporation Tax Capital Gains Tax
\m \m \m \m \m 2004 76.6 50.5 120.7 25.5 27.3 2005 85.0 54.3 130.9 28.9 33.4 2006 89.1 56.5 147.0 33.7 52.3
In considering the data it should be noted that the amount of tax attributed to a county may not necessarily be an indication of economic activity in that county for any of the following reasons:
• The liability of a trader to VAT is generally dealt with by reference to the location of the trader’s registered office even though the economic activity may be carried on in another county.
• An employer’s liability for PAYE is normally attributed to the county in which wages and salaries are paid, even though the employees may work in different counties.
• Companies are associated on the tax record with the county address of the head-office or branch with which contact is established for tax purposes, which may be different to the city or county addresses of other branches. The distribution of corporate tax between regions can also vary from year to year as companies relocate. 609 Questions— 15 May 2008. Written Answers
[Deputy Brian Lenihan.]
• Self-employed persons are associated on the tax record with the address at which the business is located, which may be in a different county to the home address.
Finally, I am further advised by the Revenue Commissioners that the necessary detailed infor- mation which would provide a basis for estimating the breakdown of yields in 2007 from Income Tax, VAT, Corporation Tax and Capital Gains Tax is not as yet sufficiently complete or reliable to enable such an estimate to be provided for some time.
Exchequer Spending. 58. Deputy Richard Bruton asked the Minister for Finance the additional annual current voted Exchequer spending required in 2009 to 2012, over and above the cost of maintaining existing services, of the commitments made in the National Development Plan 2007 to 2012. [19126/08]
59. Deputy Richard Bruton asked the Minister for Finance the additional annual current voted Exchequer spending required in 2008 to 2012, over and above the cost of maintaining existing services, of the commitments made in the Programme for Government. [19127/08]
Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 58 and 59 together. The National Development Plan 2007-2013 (NDP) sets out a seven year financial framework within which Government Departments and agencies could plan the delivery of public invest- ment and expenditure, including existing levels of service and enhancements of service. The great bulk of projected NDP investment comes from the Exchequer and this is particularly true of current expenditure. Statutory approval for Exchequer expenditure under the NDP can only be conveyed through the approval by the Dail of the annual estimates. The Programme for Government is a five-year programme in which a number of guiding principles in relation to economic and budgetary matters have been set out. As the Deputy is aware, the first instalment of the delivery of NDP current expenditure took place in the Estimates approved by the Dail for 2007. The second instalment of NDP current expenditure and the first instalment of the Programme for Government — Budget 2008 — were published in December. Budget 2008 announced all new spending and taxation measures in a single, unified way and was a significant reform providing for greater transparency. The costs associated with the decisions made were set out at Budget time. Full details of NDP projected expenditure for 2007 and 2008 (both current and capital) were set out in Appendix 3 of the Revised Estimates Volumes for 2007 and 2008. The first Annual Report on NDP Implementation, covering 2007, will shortly be submitted to the Oireachtas. As previously indicated, further instalments for both the NDP and the Programme for Government will be made in the subsequent Budgets over the lifetime of this Government. The Stability and Growth Pact Update for 2007 to 2010 was set out in the Budget Booklet published in December 2007. This gives detailed data on the economic and fiscal projections for the period ahead and also provides relevant data on the NDP to which the Deputy might wish to refer.
Alcohol Policy. 60. Deputy Mary Upton asked the Minister for Finance the number of off-licences that have
610 Questions— 15 May 2008. Written Answers been authorised in the postal districts of Dublin 6W, 8, 10 and 12; the number that have been licensed in each of the past three years; and if he will make a statement on the matter. [19130/08]
Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the number of off-licences that have been granted in the postal districts of Dublin 6W, 8, 10, and 12 in each of the past three years are as follows:
Postal District Year ending 30/09/2005 Year ending 30/09/2006 Year ending 30/09/2007
Dublin 6W 12 12 15 Dublin 8 32 39 44 Dublin 10 5 6 7 Dublin 12 30 34 34
The above figures include the renewal of existing licences and the issuance of new licences. The question of off-licences was among the issues considered by the Government Alcohol Advisory Group appointed by the Minister for Justice, Equality and Law Reform. The Group has now reported and the legislative proposals arising from the work of the Group were pub- lished recently.
Faoiseamh Ca´nach. 61. D’fhiafraigh Deputy Paul Gogarty den Aire Airgeadais an dtugann se´ faoiseamh ca´nach i leith an chu´ rsa MH51C, Ard-Dioplo´ ma san Aistriu´ cha´n i gCola´iste na hOllscoile, Maigh Nuad, agus an leagfaidh se´ amach a thuairimı´ faoi. [19162/08]
Minister for Finance (Deputy Brian Lenihan): I gcoitinne, ta´ faoiseamh ca´nach de re´ir an ra´ta chaighdea´naigh le fa´il i dtaca le ta´illı´ teagaisc a´ ıocann duine aonair maidir le hOideachas Trı´u´ Leibhe´al. Is´ ı an uasteorainn ar tha´illı´ incha´ilithe da´ leithe´id sa bhliain acadu´ il 2007/2008 na´ \5,000 (an ra´ta caighdea´nach). Ta´ na Coimisine´irı´ Ioncaim tar e´is a chur in iu´ l dom go bhfuil faoiseamh ca´nach de re´ir an ra´ta chaighdea´naigh ar fa´il faoi la´thair i dtaca le ta´illı´ teagaisc ata´ ı´octha ag duine aonair maidir le Cu´ rsa Ard-Dioplo´ ma san Aistriu´ cha´n ag Ollscoil Na´isiu´ nta na hE´ ireann, Maigh Nuad. Is fe´idir an faoiseamh a e´ileamh ar thuairiscea´nca´nach an duine aonair ag deireadh na bliana ca´nach no´ le linn na bliana ca´nach ina T(h)eastas Creidmheasanna Ca´nach ach na ta´illı´ a bheith´ ıoctha.
Departmental Contracts. 62. Deputy Jim O’Keeffe asked the Minister for Finance the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks engaged for; and if he will make a statement on the matter. [19171/08]
Minister for Finance (Deputy Brian Lenihan): In general, my Department uses the services of the Office of the Attorney General and the Office of the Chief State Solicitor, and seeks outside legal advisors in circumstances requiring legal services of a specific and/or specialist nature. The following table details the cost and nature of such contracts entered into by my Department in the last 18 months. 611 Questions— 15 May 2008. Written Answers
[Deputy Brian Lenihan.]
Name of Solicitor/Barrister Purpose of Contract Value of the Contract
Ms. Inge Clissman SC Chairperson of the Civil Service The amount paid depends on the Disciplinary Code Appeal Board number of cases brought before (contract renewed April 2007). the appeals board in each year. In 2007 payments totalling \2,069 were made. To date in 2008 no payments have yet been made. Ms. Denise Brett BL Employment Law training. \1,210 McCann Fitzgerald, Solicitors Provision of advisory services \48,400 relating to the procurement of air transport/travel agency services.
In the time available to answer the question, the Office of Public Works was unable to compile the information sought by the Deputy in respect of its contracts with solicitors and barristers. However, the information will be compiled by that Office and forwarded to the Deputy as soon as possible. In addition, the Office of the Revenue Commissioners has informed me that it did not enter into any such contract in the period in question.
Tax Code. 63. Deputy Noel J. Coonan asked the Minister for Finance if a child under 18 years old can own shares in a company, bearing in mind the rule on acceptance of gifts by children, which has a \3,000 limit each year; the position annually for income obtained in the form of dividends paid by a company to a child; and if he will make a statement on the matter. [19179/08]
Minister for Finance (Deputy Brian Lenihan): There is no prohibition on a minor holding shares in a company. I am advised by the Revenue Commissioners that where a child under 18 years of age receives dividends flowing from shares owned by him, the following income tax implications arise. If the child received the shares under a settlement, then the dividends are taxable in the hands of the person who made the settlement. Settlement in this context includes any dispo- sition, trust, agreement or arrangement and any transfer of money or other property or of any right to money or other property. For example, if an individual (not necessarily the child’s parents) funds the purchase of shares on behalf of a minor, or transfers shares to a minor, then the dividends flowing from such shares are taxable in the hands of the individual who made the settlement and not taxable in the hands of the child. Even where the transfer of shares under the settlement is irrevocable and the dividends are to be accumulated for the benefit of a minor (for example, the property is put into an irrevo- cable trust and the person who transferred the property to the trust is not a beneficiary of the trust), any payment by the trustees of any of the income accumulated in that settlement to or for the benefit of a child is treated for tax purposes as income of the person who made the settlement and taxed accordingly. The purpose of the relevant tax legislation is to prevent individuals purporting to transfer sources of income to children to obtain the benefit of personal tax credits and reliefs when, in reality, the person transferring the source of income retains ultimate control of the source and of the income. 612 Questions— 15 May 2008. Written Answers
As to the capital acquisitions tax (CAT) implications, a child is entitled to a tax-free thres- hold of
• \521,208 in respect of gifts and inheritances from her/his parents;
• \52,121 in respect of gifts and inheritances from an aunt, uncle, grandparent or sibling;
• \26,060 in any other case.
CAT only applies where the benefits are in excess of the relevant tax-free threshold and any excess over the threshold is taxed at a rate of 20%. Also, where gifts are received, the first \3,000 received annually by a person from each individual donor is ignored for CAT purposes and does not reduce the tax-free threshold figure. Finally, in the case of any transfer of shares, a liability to stamp duty arises at the rate of 1% on the market value of the shares.
Hospital Staff. 64. Deputy Thomas P. Broughan asked the Minister for Health and Children the number and specialty of consultants recruited in each of the years 2000 to date in 2008; and if she will make a statement on the matter. [18968/08]
Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is therefore the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Departmental Expenditure. 65. Deputy Michael Ring asked the Minister for Health and Children the amount paid to a company (details supplied) in Dublin 14 for its work on behalf of her Department pursuant to an Act. [18980/08]
Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has responsibility for administering the health repayment scheme in conjunction with the appointed scheme administrator KPMG and McCann Fitzgerald. The HSE has informed my Department that for the period from the commencement of the scheme in 2006 up to 31 March 2008 the company has received \132,800 for work on behalf of the scheme administrator.
Ministerial Appointments. 66. Deputy Fergus O’Dowd asked the Minister for Health and Children the appointments to bodies that were made by her since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if she will make a statement on the matter. [18996/08]
81. Deputy Leo Varadkar asked the Minister for Health and Children the appointments made by her between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if she will make a statement on the matter. [19089/08]
613 Questions— 15 May 2008. Written Answers
82. Deputy Leo Varadkar asked the Minister for Health and Children the appointments made by her between 26 of February 2008 and 1 of April 2008 inclusive; the place or town of residence of each appointee. [19103/08]
Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 66, 81 and 82 together. The information requested by the Deputies in respect of appointments to bodies under the aegis of my Department since 26 February 2008 is set out in the following table. The correspon- dence address in respect of members of boards are in many cases the business address of the members.
Name of Body Name of Appointee Town Appointment Date
Office of Tobacco Control Stephanie Kelly Dublin 26/03/2008 Pat Doorley Kildare Dennis Drought Cavan Norma Cronin Dublin Shane P A Allwright Dublin Farrel Corcoran Dublin Nessa Childers Dublin Mary Cunningham Dublin Owen Nulty Dundalk Annette Fitzgerald Limerick Rosaleen O’Grady Sligo Ken O’Byrne Dublin
Drug Treatment Centre Board Denis McCarthy Dublin 15/04/2008 Daniel McGing Dublin Ciaran Taaffe Dublin Frank Fagan Dublin Joe Barry Dublin Alice O’Flynn Dublin Ide Delargy Dublin John O’Connor Dublin Liam O’Brien Dublin Siobhan Rooney Dublin
National Council for Professional Sheila O’Malley Dublin 21/04/2008 Development of Nursing and Midwifery
Scientific Committee of the Food Safety Colette Bonner Dublin 28/04/2008 Authority of Ireland
St James’s Hospital Thomas Mitchell Dublin 01/05/2008
Health Services. 67. Deputy Paul Connaughton asked the Minister for Health and Children the reason a person (details supplied) in County Galway is not being seen by a dentist to deal with their dental problems; and if she will make a statement on the matter. [19006/08] 614 Questions— 15 May 2008. Written Answers
Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Inter-Country Adoptions. 68. Deputy Ciara´n Cuffe asked the Minister for Health and Children the waiting times for assessments for inter-country adoptions for residents of Dublin, in comparison to other counties in Ireland; her plans to cut these waiting times; and if she will make a statement on the matter. [19011/08]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive (HSE) under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy. As the Deputy may be aware, requests for assessment for inter-country adoption are continu- ously increasing. The recent study on inter-country adoption, undertaken by the Children’s Research Centre in Trinity College, revealed that Ireland has one of the highest rates for foreign adoption in Europe. In addition, as a result of the increased number of children coming from abroad, a new and increasing demand for post-adoption reports from sending countries has been created. Both assessments and post-placement reports are being undertaken by HSE social work staff. The HSE has been assessing the provision of services in the context of moving from the health board system to a single executive. It has acknowledged that there is a divergence in the provision of services and is committed to addressing those differences. In a number of areas, the HSE has improved waiting times by contracting assessments out to non-statutory agencies with appropriate expertise. The HSE has undertaken a review of the inter-country adoption service. This review exam- ined staffing, business processes, resources, strengths and options within the service. The HSE has indicated that it will contact the Department shortly with a proposed strategy on the man- agement of the service into the future based on this work and parallel discussions with pro- fessionals within the service. I would like to assure the Deputy of my attention to this issue and reiterate the importance of a rigorous and effective assessment system.
Health Services. 69. Deputy Joanna Tuffy asked the Minister for Health and Children when speech therapy services will be made available to a child (details supplied) in Dublin 22; and if she will make a statement on the matter. [19024/08]
Minister for Health and Children (Deputy Mary Harney): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements.
615 Questions— 15 May 2008. Written Answers
[Deputy Mary Harney.]
The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s specific question relates to the management and delivery of health and per- sonal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Medical Cards. 70. Deputy James Reilly asked the Minister for Health and Children the number of people entitled to a full medical card for each of the years 1998 to date in 2008; the number of people entitled to a full medical card for same expressed as a percentage of the population of the day; the income thresholds as they applied for each of the years since 1998; and if she will make a statement on the matter. [19025/08]
Minister for Health and Children (Deputy Mary Harney): Details of the number of medical card holders are provided to my Department each month by the Health Service Executive (and before 2005 the health boards). The table below shows the number of persons with medical cards and the proportion of the national population which this represents, in respect of the years 1998-2008.
Year National population No. of medical card Proportion of national holders population with medical cards
31st December 1998 3,741,600 1,183,554 31.63% 31st December 1999 3,789,500 1,164,187 30.72% 31st December 2000 3,847,200 1,148,055 29.84% 31st December 2001 3,917,203 1,199,454 30.62% 31st December 2002 3,978,900 1,164,453 29.27% 31st December 2003 4,043,800 1,152,908 28.51% 31st December 2004 4,130,700 1,145,083 27.72% 31st December 2005 4,234,900 1,155,727 27.29% 31st December 2006 4,239,848 1,221,695 28.81% 31st December 2007 4,339,000 1,276,178 29.41% 2008 (as at 1st April 2008) 4,339,000 1,292,086 29.78%
In addition, as at 1st April 2008, 77,629 persons held a GP visit card. In interpreting this information, it is necessary to take account of the fact that a substantial programme of work has been undertaken in recent years to improve data quality in the General Medical Services (GMS) client database. For example, in 2003 and 2004, work carried out by the health boards led to a deletion of approximately 104,000 inappropriate entries, where, for example, there were duplicate entries for the same person, the expiry date on the card had passed, the person had moved away or was deceased. This exercise did not involve any reduction in the actual number of persons who held medical cards but rather resulted in a more accurate picture of the number of individuals in receipt of GP services under the GMS Scheme. I also provide a table for the Deputy showing medical card assessment guideline increases since 1998. 616 Questions— 15 May 2008. Written Answers
Year Single Person (under 66, Couple (under 66) Annual Percentage living alone) Increase
1998 £89.00 £129.00 1999 £92.00 £133.00 3% 2000 £93.50 £135.00 2% 2001 £100.00 (\126.97) £144.50 (\183.50) 7% 2002 \132.00 \190.50 4% 2003 \138.00 \200.00 4.5% 2004 \142.50 \206.50 3% 2005 (Jan.) \153.50 \222.00 7.5% 2005 (Oct.) \184.00 \266.50 20%
71. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied). [19029/08]
Minister for Health and Children (Deputy Mary Harney): Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card would not be deterred on cost grounds from visiting their GP. The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged 70 and over, who have an automatic statutory entitlement to a medical card, is determined following an examin- ation of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold. The HSE has informed me that it has detailed operational guidelines in place for the assess- ment and review of medical card applications. The purpose of these is to ensure that every person entitled to a medical card or GP visit card is given the opportunity to avail of their entitlement and that there is a consistency of approach to means-testing nationally. I under- stand that periodic reviews are conducted by the HSE in a manner that takes due account of the personal circumstances of the card holder and that arrangements are in place to limit the need for frequent reviews where a review would normally result in the renewal of the medical card. As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.
Health Services. 72. Deputy John Cregan asked the Minister for Health and Children when funding will be made available to the Health Service Executive to provide essential services for a person (details supplied) in County Cork; and if she will make a statement on the matter. [19032/08]
Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has 617 Questions— 15 May 2008. Written Answers
[Deputy Mary Harney.] requested the Parliamentary Affairs Division of the Executive to arrange to have this case investigated and to have a reply issued directly to the Deputy.
European Council Meetings. 73. Deputy Leo Varadkar asked the Minister for Health and Children the number of Council of Ministers meetings attended by Ministers at her Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if she will make a statement on the matter. [19047/08]
Minister for Health and Children (Deputy Mary Harney): The EU operates in a manner which encourages and facilitates the search for agreement between the Member States. While the Treaties provide that the principal method of reaching Council decisions is by Qualified Majority Voting (QMV), recourse to voting is very rare because agreement is normally achieved through negotiation and the search for compromise. The information requested by the Deputy is set out in the following table. In general health matters are dealt with on one day of the EPSCO Council meetings. The information set out below relates to decisions taken on the dates on which a Minister from my Department was in attendance.
Year Number of Council Number of decisions taken Number of occasions on Meetings attended by a at those meetings which those decisions were Minister from Department decided upon by a vote of Health and Children
2005 2 5 1 2006 1 18 0 2007 1 4 0
Medical Cards. 74. Deputy Sea´n Fleming asked the Minister for Health and Children the criteria for which people with long term illness are granted medical cards and the basis where decisions are made as to whether a medical card should be for 12 months, 18 months, 3 years and so on; the situation in respect of a family medical card and the criteria covering various lengths for which a medical card is issued; and if she will make a statement on the matter. [19061/08]
Minister for Health and Children (Deputy Mary Harney): In general, eligibility for medical cards and GP visit cards is determined following an examination of the means of the applicant and his/her dependants (income and relevant outgoings). The main exception is persons aged 70 and over, who have an automatic statutory entitlement to a medical card. The GP visit card assessment threshold is 50% higher than the medical card threshold. The Health Service Executive has informed me that it has detailed operational guidelines in place for the assessment of medical card applications. The purpose of these is to ensure that every person entitled to a medical card or GP visit card is given the opportunity to avail of their entitlement and that there is a consistency of approach to means-testing nationally. I am informed that the guidelines include provisions dealing with medical card review dates. The guiding principle is to set a date in each case at which an income/dependency change or other change could reasonably be expected to occur which would affect eligibility. 618 Questions— 15 May 2008. Written Answers
Health Services. 75. Deputy Sea´n Fleming asked the Minister for Health and Children when a post mortem will be completed in respect of a person (details supplied). [19062/08]
Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Cancer Screening Programme. 76. Deputy Brian Hayes asked the Minister for Health and Children if she is fully satisfied of the decision of the Health Service Executive to outsource cytology testing services to a US company in view of the different approach the US authorities have to data protection and privacy laws from that of Ireland and the loss of jobs here due to this decision. [19065/08]
Minister for Health and Children (Deputy Mary Harney): Last week the National Cancer Screening Service (NCSS) announced a preferred bidder for the provision of laboratory testing services for the National Cervical Screening Programme. This is an important milestone which will enable the NCSS to launch the first quality assured, population based National Cervical Screening Programme for women in Ireland aged 25-60 years. In keeping with EU procurement legislation, the procurement process is being conducted in an open and competitive manner. Submissions were invited from local and international labora- tories during the process. The NCSS has concluded that the preferred bidder can deliver a service that meets all of the required quality criteria. The Deputy will appreciate that quality is a critical requirement of the new programme. The NCSS has assured my Department that patient confidentiality will not be compromised if cytology samples are outsourced to a facility in the United States. The National Hospitals Office (NHO) of the HSE has a commitment to staff currently employed in cytology services, and has met with their representative. Any decisions regarding reassignment of employees will be addressed after the National Cancer Screening Service has completed the procurement process for cytology services.
Nursing Homes Repayment Scheme. 77. Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 220 of 29 April 2008, the number of offers which have been appealed; the number which have had their offer increased on appeal; the number of appli- cations that were refused and were appealed; the number which have been successful on appeal; if she will clarify the ambiguity between the two figures of over 13,000 offers of repayment and the 12,976 offers received; the estimated number of applications which will be outstanding by the end of June 2008; and if she will make a statement on the matter. [19066/08]
Minister for Health and Children (Deputy Mary Harney): The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006. I have been advised by the appeals office that as of 9 May 2008, a total of 2,935 appeals have been received, which represents less than 12% of processed claims. Of the
619 Questions— 15 May 2008. Written Answers
[Deputy Mary Harney.] 1,293 appeals dealt with up to 9 May 2008, 1,000 (77%) of the decisions issued by the appeals office agree with the decision of the scheme administrator. The HSE has advised my Department that as of 2 May 2008, 13,578 offers of payment have issued under the scheme. The Appeals Office has advised my Department that as and from 2 May 2008, 650 claimants have appealed the amount offered and 171 of these appeals will result in an increased offer to claimants. The HSE has indicated that up to the 2 May 2008, 11,108 claimants have been deemed to be outside the scope of the repayment scheme and of these, 2,285 have appealed the decision of the scheme administrator. The appeals office has advised that of the 1,293 appeals decided to date, 122 of these appeals will result in an offer to claimants. The HSE provides my Department with weekly statistical reports on the operation of the scheme. On the 28 April 2008 the HSE indicated that over 13,000 offers had been made but the most accurate statistical data available to my Department on the 29 April 2008, the day the Deputy’s question on this matter was answered was for the week ending 18 April 2008 which indicated that 12,976 offers had been made. Offers issue on an ongoing basis and the difference represents offers made after the 18 April 2008 and before 28 April 2008. The HSE has advised my Department that the scheme administrator has given assurances to the HSE that the vast majority of claims received from the public will be dealt with by the expiry of the current contract on 30 June 2008. If there are any outstanding claims at the end of the contract, such claims will be kept to a minimum and will be dealt with as quickly as possible.
Health Service Staff. 78. Deputy Denis Naughten asked the Minister for Health and Children the number of financial officers employed by the Health Service Executive; the number of staff employed in the finance area of the HSE with an accountancy qualification. [19067/08]
Minister for Health and Children (Deputy Mary Harney): Almost 130,000 people work full- time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other health-care professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the health-care needs of the popu- lation into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the require- ments of its Annual Service Plan for the delivery of health and personal social services to the public. According to the Executive’s Health Service Personnel Census, there are 10 (expressed in whole-time equivalent terms) Finance Officers employed in the public health service, as at 31/03/08. In relation to the number of staff employed in the finance area of the HSE who hold an accountancy qualification, I wish to advise the Deputy that the Executive is the appropriate body to consider this matter. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
620 Questions— 15 May 2008. Written Answers
Health Services. 79. Deputy Finian McGrath asked the Minister for Health and Children if persons (details supplied) in Dublin 3 will be assisted. [19069/08]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Deputy’s question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Medical Cards. 80. Deputy Joanna Tuffy asked the Minister for Health and Children if her attention has been drawn to the fact that there is no medical card appeals officer for Dublin north at present, which has resulted in a backlog of appeals; if she will report on same and arrange for the vacancy to be filled; and if she will make a statement on the matter. [19070/08]
Minister for Health and Children (Deputy Mary Harney): As the Health Service Executive has the operational and funding responsibility for medical card assessments and appeals, it is the appropriate body to consider the particular issue raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.
Questions Nos. 81 and 82 answered with Question No. 66.
Child Care Services. 83. Deputy Joe McHugh asked the Minister for Health and Children if community childcare groups have the right to make their childcare workers redundant; if these groups are in a position to re-advertise for their redundant positions; and if she will make a statement on the matter. [19125/08]
Minister of State at the Department of Health and Children (Deputy Barry Andrews): The Redundancy Payments Acts, 1967 to 2007 and the Unfair Dismissals Acts 1977 to 1993 provide the statutory framework for dealing with redundancy in this country. These Acts, which come under the remit of the Department of Enterprise, Trade and Employment, also provide the statutory framework for employees to seek redress if they feel they have been unfairly treated as a result of redundancy. Community Childcare Groups have the same responsibilities and obligations to their employees under these Acts as other employers in the State. The Deputy will be aware that I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP) under which capital grant aid is available to childcare providers, including community childcare groups. In addition, community childcare groups may apply under the NCIP for grant support under the Community Childcare Subvention Scheme 2008- 2010 to enable them to provide reduced childcare fees to disadvantaged parents. The day to day operation of the programme is managed on behalf of my Office by Pobal. This includes assisting Childcare groups by providing general guidelines in regard to their role as employers and in recommending that they operate in accordance with best practice.
Health Services. 84. Deputy Jack Wall asked the Minister for Health and Children when will a person (details
621 Questions— 15 May 2008. Written Answers
[Deputy Jack Wall.] supplied) in County Carlow be granted an appointment in Waterford Regional Hospital; and if she will make a statement on the matter. [19128/08]
Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Hospitals Building Programme. 85. Deputy Denis Naughten asked the Minister for Health and Children further to Parliamen- tary Question No. 265 of 4 July 2006 regarding the status of the development project for a community hospital, day care unit and primary care centre, if she will provide a breakdown of these costings to include the funding estimated for each of the facilities; the funding approved to date by the Health Service Executive for the project; the timetable for construction; and if she will make a statement on the matter. [19142/08]
Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Vaccination Programme. 86. Deputy Michael Creed asked the Minister for Health and Children the reason children in the Cork area are waiting nearly two years for tuberculosis vaccinations; and if she will make a statement on the matter. [19147/08]
Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Cancer Screening Programme. 87. Deputy Brian O’Shea asked the Minister for Health and Children if she will arrange an early meeting with an association (details supplied); and if she will make a statement on the matter. [19159/08]
Minister for Health and Children (Deputy Mary Harney): The Medical Laboratory Scientists Association (MLSA) has requested a meeting with me to discuss their concerns about the future of public cytology laboratories, following the recent decision by the National Cancer Screening Service (NCSS) to opt for a preferred bidder from the United States. I understand that the Association is in discussion with both the Health Service Executive (HSE) and the NCSS about this issue. The National Hospitals Office (NHO) of the HSE has a commitment to staff currently employed in cytology services, and has met with their staff representative. Any decision regarding employees will be addressed after the National Cancer Screening Service has completed the procurement process.
622 Questions— 15 May 2008. Written Answers
Since the concerns raised by the MLSA are matters for the HSE, I do not consider that a meeting with the Association would be appropriate.
Departmental Contracts. 88. Deputy Jim O’Keeffe asked the Minister for Health and Children the firms of solicitors or individual barristers which she has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks engaged for; and if she will make a statement on the matter. [19173/08]
Minister for Health and Children (Deputy Mary Harney): The information requested by the Deputy is currently being collated within my Department and will be forwarded as soon as it becomes available.
Health Service Staff. 89. Deputy Noel J. Coonan asked the Minister for Health and Children the number of social workers active in the north Tipperary area; the number of clients they currently deal with and are waiting on assistance; and if she will make a statement on the matter. [19181/08]
Minister for Health and Children (Deputy Mary Harney): Almost 130,000 people work full- time or part-time in our public health services. In recent years, the Government’s ongoing high level of investment in health has achieved and maintained significant increases in the numbers of doctors, nurses and other healthcare professionals employed in the public health services. The Government has also invested heavily in the education and training of such personnel in order to secure a good supply of graduates to provide for the healthcare needs of the population into the future. Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the require- ments of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Hospital Staff. 90. Deputy Jimmy Deenihan asked the Minister for Health and Children when the post of consultant geriatrician will be advertised for Kerry General Hospital; and if she will make a statement on the matter. [19182/08]
Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.
Services for People with Disabilities. 91. Deputy Olwyn Enright asked the Minister for Health and Children the services available for a person (details supplied) in County Offaly who is leaving school at the end of May 2008;
623 Questions— 15 May 2008. Written Answers
[Deputy Olwyn Enright.] if this person will receive a five day placement in June 2008 as initially advised by the Health Service Executive; if the psychologist report and the occupational guidance councillor report has been given full consideration in assessing the placement for this person; if her attention has been drawn to the fact that this person has been prepared for adjustment for quite some time and that any change would be detrimental to this person to regress; and if she will make a statement on the matter. [19188/08]
Minister for Health and Children (Deputy Mary Harney): As part of the Multi-Annual Investment Programme 2006-2009 under the Disability Strategy, the Government provided the Health Service Executive with an additional \75m in both 2006 and 2007. This funding included monies to provide new and enhanced services for people with disabilities, to implement Part 2 of the Disability Act 2005, which came into effect on June 1st 2007 for the under 5’s and also for the continuation of the implementation of the transfer of persons with intellectual disability from psychiatric hospitals and other inappropriate placements. The Government is also honouring its promise in relation to the Multi-Annual Investment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s specific question relates to the management and delivery of health and per- sonal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.
Medical Cards. 92. Deputy Bernard J. Durkan asked the Minister for Health and Children when a full medical card will issue to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [19202/08]
Minister for Health and Children (Deputy Mary Harney): Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged 70 and over, who have an automatic statutory entitlement to a medical card, is determined following an examin- ation of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold. As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.
93. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical card will issue in the case of a person (details supplied) in County Kildare who is separated and who previously made an application at Cherry Orchard Hospital, Dublin 10; and if she will make a statement on the matter. [19203/08]
624 Questions— 15 May 2008. Written Answers
Minister for Health and Children (Deputy Mary Harney): Persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services qualify for a medical card, which entitles them to a range of health services free of charge. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who did not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. The assessment of eligibility for medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged 70 and over, who have an automatic statutory entitlement to a medical card, is determined following an examin- ation of the means of the applicant and his/her dependants (income and relevant outgoings). The GP visit card assessment threshold is 50% higher than the medical card threshold. As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.
Health Services. 94. Deputy Ciara´n Lynch asked the Minister for Health and Children her views with refer- ence to Parliamentary Question No. 74 of 10 April 2008 and the response from the Health Service Executive on whether it is acceptable that a person (details supplied) in County Cork aged 74 who was referred by their general practitioner in February 2007 is still awaiting a specialist appointment; and if she will make a statement on the matter. [19250/08]
Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. The Deputy will appreciate that the scheduling of appointments is a matter for the Consultant concerned and is determined on the basis of medical priority. In the event that the Patient’s condition has deteriorated his General Practitioner would be in the best position to raise the case directly with the Consultant concerned.
Rail Services. 95. Deputy Joe McHugh asked the Minister for Transport the amount of taxpayers’ money spent on Irish Rail in each year from 2004 to 2007; and if he will make a statement on the matter. [19109/08]
Minister for Transport (Deputy Noel Dempsey): The information sought by the Deputy is set out below.
Funding Received By Irish Rail (2004- 2007)
\ Millions
Year Current Capital Total
2004 171.4 145.6 317.0 2005 180.0 279.6 459.6 2006 188.7 257.4 446.1 2007 194.9 408.0 602.9
Totals 735.0 1,090.6 1,825.6
625 Questions— 15 May 2008. Written Answers
Public Transport. 96. Deputy Thomas P. Broughan asked the Minister for Transport the amount of funding provided to Bus E´ ireann, Dublin Bus and Iarnro´ dE´ ireann for each year since 2002 to date in 2008; and if he will make a statement on the matter. [18967/08]
Minister for Transport (Deputy Noel Dempsey): The information sought by the Deputy is set out below:
Funding received by the CIE´ Group of Companies (2002- End April 2008)
IE´ BA´ CBE´ Total \ millions \ millions \ millions \ millions
Year Current Capital Current Capital Current Capital Current Capital
2002 155.5 232.5 56.1 28.0 21.8 2.8 233.4 263.4 2003 168.3 274.6 53.9 12.7 22.9 15.1 245.1 302.4 2004 171.4 145.6 61.8 7.3 24.0 3.2 257.2 156.2 2005 180.0 279.6 64.9 9.6 25.2 1.8 270.1 291.0 2006 188.7 257.4 69.8 27.3 26.5 1.9 285.0 286.6 2007 194.9 408.0 80.1 28.3 31.6 32.8 306.6 469.0 Up to end April 2008 61.1 88.6 25.4 0.0 11.0 0.2 97.5 88.8
Totals 1,119.9 1,686.3 412.0 113.2 163.0 58.0 1,694.9 1,857.5
Ministerial Appointments. 97. Deputy Fergus O’Dowd asked the Minister for Transport the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [19000/08]
100. Deputy Leo Varadkar asked the Minister for Transport the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19092/08]
101. Deputy Leo Varadkar asked the Minister for Transport the appointments made by him between 26 of February 2008 and 1 of April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19106/08]
Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 97, 100 and 101 together. The information requested by the Deputies is set out below in tables 1, 2 and 3 respectively.
Table 1 — Appointments made between 8 May and 15 May 2008
State Body Name of Appointee
National Roads Authority Mr. Eugene Moore
626 Questions— 15 May 2008. Written Answers
Table 2 — Appointments made between 2 April 2008 and 7 May 2008
State Body Name of Appointee Place of Residence
Cork Airport Authority Mr. Bill Daly Cork Advisory Council to the Chief Supt. Declan Coburn Wicklow Commission for Taxi Regulation National Roads Authority Mr. Eddie Breen Wexford
Table 3 — Appointments made between 26 February 2008 and 1 April 2008
State Body Name of Appointee Place of Residence
Dublin Transportation Office Mr. Tony Kelly Dublin Galway Harbour Company Mr. Robert Molloy Co. Galway
Rail Network. 98. Deputy Thomas P. Broughan asked the Minister for Transport the position regarding the electrification of the Maynooth, Navan, Kildare and northern line rail lines; the amount of each of these lines that has been electrified; and if he will make a statement on the matter. [19035/08]
Minister for Transport (Deputy Noel Dempsey): Transport 21 provides for the electrification of the Maynooth and Navan lines, the Kildare line to Hazelhatch and the Northern line to Balbriggan. The detailed planning and phasing of the work including the extent of electrification by line, is a matter in the first instance for Iarnro´ dE´ ireann. I understand from the company that it is currently finalising its strategy for the electrification of these lines in parallel with its planning and design work on the Interconnector project.
European Council Meetings. 99. Deputy Leo Varadkar asked the Minister for Transport the number of Council of Mini- sters meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19050/08]
Minister for Transport (Deputy Noel Dempsey): I wish to advise the Deputy that the details requested by him relating to Transport Council Meetings are available on the website www.con- silium.europa.eu.
Questions Nos. 100 and 101 answered with Question No. 97.
Infrastructural Projects. 102. Deputy Pat Breen asked the Minister for Transport the money spent to date on Trans- port 21 projects in County Clare; the specific projects funded; and if he will make a statement on the matter. [19135/08] 627 Questions— 15 May 2008. Written Answers
Minister for Transport (Deputy Noel Dempsey): Under the Transport 21 programme sub- stantial funding has been provided to County Clare for the various projects which are being developed there. Major investment has been made in the national roads programme in the county including the N18 Ennis Bypass and the N85 Western Relief Road. However under Section 19 of the Roads Act 1993 allocation of funding in relation to the construction or maintenance of national roads is a matter for the NRA. Up to April 2008 a total of \270 million has been spent on public transport projects specifi- cally in County Clare or on projects which have an impact in the county. Ennis railway station car park was upgraded from 30 car spaces to 170 car spaces. The work was completed in August 2007. Accessibility improvement works were also carried out at Ennis bus station. Phase 1 of the Western Rail Corridor, which runs from Ennis to Athenry, was commenced in 2007. The Railway Safety Programme, which aims to improve all aspects of safety across the Iarnro´ dE´ ireann network and to keep risk levels as low as is reasonably practicable, and the development of a comprehensive Signalling Control Strategy and Client Requirement Specifi- cation for signalling control of all present and future signalling and level crossings schemes throughout the entire Iarnro´ dE´ ireann network, are both ongoing projects. Bus E´ ireann is currently in the process of renewing its fleet through the purchase of 235 new buses for deployment throughout the country including in the Limerick/Shannon region.
State Airports. 103. Deputy Pat Breen asked the Minister for Transport further to Parliamentary Question No 237 of the 8 May 2007, if the new CBP full pre-clearance facility which is being built at Shannon Airport will be ready for processing of passengers in December 2008; and if he will make a statement on the matter. [19136/08]
Minister for Transport (Deputy Noel Dempsey): I am informed by the DAA that the project for the commercial US CBP Pre-clearance facility at Shannon Airport, which includes an exten- sion to the current Terminal Building, is ready to commence at short notice but building has not commenced. As I have recently stated, preclearance will require the conclusion of an inter-Governmental agreement with the US and new legislation, pending conclusion of the agreement. The DAA expects that the duration of the works would be 7 months from the time that agreement with the US is notified.
Departmental Contracts. 104. Deputy Jim O’Keeffe asked the Minister for Transport the firms of solicitors or individ- ual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks engaged for; and if he will make a statement on the matter. [19176/08]
Minister for Transport (Deputy Noel Dempsey): The following table sets out details of the solicitors and barristers engaged by my Department on a contractual basis in the past 18 months:
628 Questions— 15 May 2008. Written Answers
Firm or Individual Purpose of Engagement Fees paid or Expected fee
Ms. Clodagh Brick (Barrister) Consolidated and annotated text of \52,586 (\5,507 still to be paid) the extant provisions of the Merchant Shipping Acts 1894 to 2005 Ms. Clodagh Brick (Barrister) Legal advice on the Minister’s \2,710.40 powers relating to domestic Passenger Ships under the Merchant Shipping Acts. Freshfields Bruckhaus Deringer (1) Engaged in 2006 to provide legal (1) \1,373,523 paid in 2007 advice to the Minister and Minister for Finance in relation to the EU Commission’s consideration pursuant to EC Merger Regulation of the proposed takeover of Aer Lingus by Ryanair (2) Retained in 2007 to provide (2) To date fees amounting to legal advice to the Minister in \103,000 have been incurred in relation to the State’s respect of advice relating to the intervention in the Ryanair State’s intervention in the appeal to the European Court of Ryanair appeal to CFI. Total First Instance (CFI) concerning expenditure for this element of the EU Commission’s decision their engagement is not to prohibit the proposed anticipated to exceed \200,000. takeover of Aer Lingus by Ryanair Eugene Regan Senior Counsel Provision of advice on the \12,100 transposition of Directives Matheson Ormsby Prentice Legal advice in respect of \26,630 (paid) preparation of Dublin Transport Authority legislation Matheson Ormsby Prentice Seminar on State Aid in Land \9,075 Transport Patrick Butler, Senior Counsel Presiding over the Public Inquiry \33,275 into the Glounthaune to Midleton Railway and reporting on same
Ministerial Appointments. 105. Deputy Fergus O’Dowd asked the Minister for Foreign Affairs the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18995/08]
108. Deputy Leo Varadkar asked the Minister for Foreign Affairs the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19088/08]
109. Deputy Leo Varadkar asked the Minister for Foreign Affairs the appointments made by him between 26 of February 2008 and 1 of April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19102/08]
Minister for Foreign Affairs (Deputy Michea´l Martin): I propose to take Questions Nos. 105, 108 and 109 together. There are no State boards or agencies operating under the responsibility of my Department. There are, however, four advisory committees and one educational commission which operate 629 Questions— 15 May 2008. Written Answers
[Deputy Michea´l Martin.] under its aegis. During the period in question, appointments were made in respect of only one of these bodies, namely the Emigrant Services Advisory Committee. The Emigrant Services Advisory Committee (formerly known as the Dı´on Committee) advises the Government on support for our emigrant communities in Britain. The Committee, whose members serve in a voluntary capacity, has recently been enlarged and restructured. The new Committee of twelve members, appointed by my predecessor on 25 April, continues to reflect the wide range of experience, skills and commitment that has characterised previous Committees, in addition to being well balanced in terms of its regional composition. Excluding the Committee’s chair and secretary (both of whom are officials of the Embassy in London), the new members are as follows:
• Mr. Michael Forde, Manchester
• Ms. Theresa Joyce, Surrey
• Mr. Jim O’Hara, Surrey
• Mr. Seamus McGarry, Hertfordshire
• Ms. Sally Mulready, London
• Mr. Tony Cusack, Leicester
• Ms. Breege McDaid, Liverpool
• Mr. Tony Corcoran, Newcastle upon Tyne
• Mr. Des Hurley, Leeds
• Mr. Martin Donnelly, London
European Council Meetings. 106. Deputy Leo Varadkar asked the Minister for Foreign Affairs the number of Council of Ministers meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19046/08]
Minister for Foreign Affairs (Deputy Michea´l Martin): The information requested by the Deputy is set out in the following table in respect of attendance by Ministers at the Department of Foreign Affairs at the General Affairs and External Relations Council of the European Union, and of the number of decisions taken at these Councils. It is comparatively rare that decisions at the GAERC are subject to a vote. In the period under review, this happened on 24 occasions. Ireland did not vote against any of these decisions. Council decisions are prepared by a structure of some 250 working parties and committees comprising delegates from all the Member States and the Commission. The draft decisions are then forwarded to the Permanent Representatives Committee (Coreper), made up of the Member States’ Ambassadors to the European Union. Once agreed at this level, the draft decisions go to the Council for approval.
630 Questions— 15 May 2008. Written Answers
Year Number of Council meetings Number of decisions taken at these attended by Ministers in the Councils Department of Foreign Affairs
2006 13 333 2007 9 238 2008 3 86
Human Rights Issues. 107. Deputy Leo Varadkar asked the Minister for Foreign Affairs if he has made inquiries with the Egyptian authorities regarding the whereabouts of a person (details supplied); and if he will make a statement on the matter. [19076/08]
Minister for Foreign Affairs (Deputy Michea´l Martin): I am aware of the case to which the Deputy refers. The person concerned was detained in connection with the alleged promotion of a general strike in Egypt on 6 April. I understand that she was released without charge on 23 April, following an instruction by the Public Prosecutor of Egypt. The Government continues to monitor the human rights situation in Egypt through our Embassy in Cairo, and in consultation with a range of Egyptian NGOs. As the Deputy will be aware, we share the widespread concern about moves over the past year which would limit the freedom of expression which is essential to the development of a democratic society. The Government and our EU partners will continue to raise our concerns about human rights issues in the dialogue with the Egyptian Government, which was enhanced by the adoption last year of the Action Plan under the European Neighbourhood Policy. We will also continue to raise issues of concern directly with the Egyptian Government.
Questions Nos. 108 and 109 answered with Question No. 105.
Departmental Contracts. 110. Deputy Jim O’Keeffe asked the Minister for Foreign Affairs the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks engaged for; and if he will make a statement on the matter. [19172/08]
Minister for Foreign Affairs (Deputy Michea´l Martin): Where my Department requires legal advice on matters other than those which are dealt with by the Department’s own Legal Division, such advice is usually provided by the Chief State Solicitor’s Office or the Office of Attorney General, who in turn may retain counsel if this is required. In particular circum- stances, my Department may engage solicitors or barristers to assist on a particular matter within the State. However, no such engagements have been entered into within the past 18 months. In addition, the Department’s Missions abroad may need to engage local lawyers from time to time to advise on matters of local law.
Ministerial Appointments. 111. Deputy Fergus O’Dowd asked the Ta´naiste and Minister for Enterprise, Trade and Employment the appointments to bodies that were made by her since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if she will make a statement on the matter. [18992/08] 631 Questions— 15 May 2008. Written Answers
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Since I was appointed as Ta´naiste and Minister for Enterprise, Trade and Employment on 7th May 2008, I have not made appointments to State Bodies. However, the following appoint- ments were made by my predecessor, Michea´l Martin T.D. in the period 2 April to 7 May 2008.
National Standards Authority of Ireland (NSAI) Three appointments were made to the Board of the National Standards Authority of Ireland in April 2008. The appointees were Mr. David Gargan, Ms Jennifer Murnane O’Connor and Ms Mary Ita Walsh.
Shannon Development Two appointments were made to the Board of Shannon Development in May 2008. Dr Roger Downer was reappointed and Dr Richard Sadlier was appointed on 7 May 2008.
European Council Meetings. 112. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of Council of Ministers meetings attended by Ministers at her Depart- ment for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if she will make a statement on the matter. [19043/08]
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Council formations for which my Department has particular responsibilities are the Competi- tiveness Council and the Employment, Social Policy, Health and Consumer Affairs Council (ESPHCA). The following Table provides relevant statistics related to the number of meetings attended by Ministers and the number of decisions taken in relation to these two Councils. The Councils recorded no formal votes during the period in question. Formal voting is generally avoided by EU Presidencies in favour of compromise and consensus by negotiation if possible.
Year Number of Council of Ministers Number of Decisions* made by the Meetings Attended by Ministers Councils at those meetings
Competitiveness ESPHCA Competitiveness ESPHCA 2005 7 3,328 2006 5 42,713 2007 5** 32,812 2008 1 191 *Adopted Regulations, Directives, Decisions and Recommendations **The meeting on 21- 22 May 2007 was attended by Mr. Kenneth Thompson, Deputy Permanent Representative.
My Department always seeks to play a constructive role in relation to all EU proposals and is anxious to ensure that Ireland’s interests are safeguarded while also being mindful of our responsibilities to the Union as a whole. In the normal process of negotiation, we may and do seek amendments or identify provisions which could be improved on or take positions on amendments sought by other Member States or the Commission.
632 Questions— 15 May 2008. Written Answers
Grocery Industry. 113. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the progress to date in implementing the recommendation of the Consumer Strategy Group report directed to her Department in respect of fruit and vegetable traders to apply a consistent approach to casual trading regulations across all local authorities by means of statutory based guidelines; and if she will make a statement on the matter. [19072/08]
118. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the efforts made by her to increase the number of licences granted to fruit and vegetable traders since the publication of the Consumer Strategy Group report in April 2005; and if she will make a statement on the matter. [19129/08]
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 113 and 118 together. The Consumer Strategy Group which reported in May 2005 recommended that more licences for fruit and vegetable sellers be issued and that, in order to ensure that casual trading regu- lations are applied on a consistent basis, statutory guidelines be introduced. The reference to licences refers to casual trading licences issued under the Casual Trading Act, 1995. Casual trading is defined as trading in a public place and covers the selling of fruit and vegetables in public places. The regulation of casual trading is operated by the 88 local authorities entitled to make bye laws under the Act. I have no powers to issue licences. However, I have power under Section 2 (3) of the Act to exempt categories of selling from the Act. This power was last exercised in 2004 when, under S. I. No. 191 of 2004, the growers of certain soft fruits (strawberries, raspberries etc.) and new potatoes were exempted from regulation under the Act for the period 1st May to 30th September every year. As regards the recommendation on statutory guidelines, this recommendation has been implemented by Section 98 of the Consumer Protection Act, 2007 which amended Section 6 of the Casual Trading Act, 1995. This gives me the legal capacity to issue statutory guidelines to local authorities regarding the exercise by them of their functions in relation to casual trading bye laws. Local Authorities must take into account any such guidelines in carrying out their functions in respect of bye laws. The current Programme for Government contains a commitment to “encourage more direct selling from farmer to customer by restoring and promoting a national network of farmers markets”. The Minister of State at the Department of Agriculture, Fisheries and Food, is exploring, in conjunction with my Department, whether statutory guidelines under Section 98 of the Consumer Protection Act, 2007 could be used to regulate and promote farmers markets. In this connection, I understand that the Minister of State will shortly establish an Inter- departmental Group to examine the options available to promote and regulate farmers markets.
Proposed Legislation. 114. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of different Acts of the Oireachtas which may be considered to be employment law; if she has given consideration to codifying them into a single item of legis- lation; and if she will make a statement on the matter. [19073/08]
633 Questions— 15 May 2008. Written Answers
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): Schedule 1 to the Employment Law Compliance Bill 2008 lists the 17 suites of Acts under my aegis which are included in the definition of employment legislation for the purposes of that Bill. The text of those suites of Acts has been published en bloc on my Department’s website for the convenience of members of this House and of Seanad E´ ireann in considering that Bill. Such publication is also a necessary first step in the preparation of an Employment Law Consolidation Bill, preliminary preparation of which is under way in my Department. This Bill would update and codify employment legislation consistent with the commitment in Section 16.3 of Part 2 of Towards 2016. A Consolidation Bill will take account of the changes to employment legislation made by the Employment Rights Compliance Bill 2008 when enacted.
Legislative Programme. 115. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment if the statement in Da´il E´ ireann on 30 April 2008 that a regulatory impact analysis was carried out on the Employment Law Compliance Bill was accurate; if she will make avail- able the full RIA before the Bill is debated; and if she will make a statement on the matter. [19074/08]
Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I confirm that a Screening Regulatory Impact Analysis was conducted in relation to the Employment Law Compliance Bill 2008. The Explanatory and Financial Memorandum published with the Bill summarised the outcome of that analysis. Arrangements are in hand for the full document to be published on the Department’s website in advance of the Second Stage of the Bill in Da´il E´ ireann.
Ministerial Appointments. 116. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the appointments made by her between 2 April and 7 May 2008, inclusive; the place or town of residence of each appointee; and if she will make a statement on the matter. [19085/08]
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): As I was appointed as Ta´naiste and Minister for Enterprise, Trade and Employment on 7th May 2008, I was not in a position to make appointments to State Bodies before that date. However, the following appointments were made by my predecessor, Michea´l Martin T.D. in the period 2 April to 7 May 2008. Details of individuals’ places of residence are regarded as personal data and it is not appropriate to release such information.
National Standards Authority of Ireland (NSAI) Three appointments were made to the Board of the National Standards Authority of Ireland in April 2008. The appointees were Mr. David Gargan, Ms Mary Ita and Ms Jennifer Mur- nane O’Connor.
Shannon Development Two appointments were made to the Board of Shannon Development in May 2008. Dr Roger Downer, was reappointed and Dr Richard Sadlier, was appointed on 7 May 2008.
634 Questions— 15 May 2008. Written Answers
Health and Safety Authority Mr. Francis Rochford was appointed to the Board of the Health and Safety Authority on the 22nd April 2008.
National Consumer Agency Mr. Bill Prasifka and Mr. Edward Shinnick were reappointed to the Board of the National Consumer Agency on the 30th April 2008.
Company Law Review Group (CLRG) The following were reappointed as Members of the Company Law Review Group on the 8th April 2008. Dr. Thomas B. Courtney William Johnston Paul Farrell,
Michael Halpenny Jim Byrne Daryl Byrne Noel Rubotham Jonathan Buttimore Nora Rice Lyndon MacCann Ian Drennan Ralph Mac Darby
Paul Egan
Vincent Madigan
Mike Percival
Conall O’Halloran
Marie Daly
Jon Rock
Paul Appleby
Tanya Holly
George Treacy
Mark Pery Knox Gore
The following were reappointed as Members of the Company Law Review Group on the 28th April 2008.
635 Questions— 15 May 2008. Written Answers
[Deputy Mary Coughlan.]
Brian O’Kane
Mark Fielding
Deirdre-Ann Barr
117. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the appointments made by her between 26 of February 2008 and 1 of April 2008, inclusive; the place or town of residence of each appointee; and if she will make a statement on the matter. [19099/08]
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): As I was appointed as Ta´naiste and Minister for Enterprise, Trade and Employment on 7th May 2008, I was not in a position to make appointments to State Bodies before that date. However, the following appointments were made by my predecessor, Michea´l Martin T.D. in the period 26 February to 1 April 2008. Details of individuals’ places of residence are regarded as personal data and it is not appropriate to release such information.
Science Foundation Ireland There were 2 appointments made to the Board of Science Foundation Ireland on the 1st of April 2008. These were Dr. Rita Colwell, and Mr. Tom Boland. Dr Colwell is based in the United States.
IDA Ireland Mr Lionel Alexander was appointed to the Board of IDA Ireland on 19 March 2008.
Enterprise Ireland (EI) Ms. Helen Nugent was appointed to the Board of Enterprise Ireland on 18 March 2008.
Question No. 118 answered with Question No. 113.
Departmental Contracts. 119. Deputy Jim O’Keeffe asked the Ta´naiste and Minister for Enterprise, Trade and Employment the firms of solicitors or individual barristers which she has engaged on a contrac- tual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks engaged for; and if she will make a statement on the matter. [19169/08]
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Details of the firms of solicitors or individual barristers, engaged on a contractual basis in the last 18 months, by me as Minister for Enterprise, Trade and Employment or on my behalf as Minister for Enterprise, Trade and Employment, are set out in the following tabular statement. This does not include details of any firms of solicitors or individual barristers, engaged on a contractual basis in the last 18 months, by independent offices of my Department, acting on their own behalf or in accordance with to their prescribed statutory duties and powers. It also does not include advice given to me by the Office of the Attorney General or the Chief State Solicitor’s Office.
636 Questions— 15 May 2008. Written Answers
Name of Firm/individual Purpose Fees already Estimate of fees expected to Barristers paid be paid by conclusion of task
\\
Mason, Hayes & Curran Legal advice on public Nil 10,000.00 procurement issues Kilroys Solicitors Legal advice on export credit 16,263.00 It is not possible to give a insurance issues precise estimate at this stage Noel J. Travers BL Drafting of S.I. No. 160 of 9,378.00 Task concluded — no further 2007 Legal Metrology fees due (European Conformity Assessment of Measuring Instruments) Regulations 2007 Dowling Kilpatrick Solicitors Professional fee for 36.30 Task concluded — no further Commissions re sale of land. fees due Matthias Kelly Q.C. To provide legal advice in 403,501.95 No further expenditure respect of various envisaged at present investigations under Section 19 of the Companies Act, 1990 John Hennessy B.L. To provide legal advice in 136,831.75 Not available at present respect of various investigations under Section 19 of the Companies Act, 1990 Mason Hayes and Curran, (CLRG in 2006)To obtain 110,783.90 Task concluded — no further Solicitors legal advice in the form of fees due. compilation of comprehensive tables of derivations and destinations showing the relationship between the provisions of the existing Companies Acts and the proposed Companies Consolidation and Reform Bill Mason Hayes and Curran, Advice on procurement 14,744.57 50,000 Solicitors matters (part of a consortium of three)
Job Creation. 120. Deputy Noel J. Coonan asked the Ta´naiste and Minister for Enterprise, Trade and Employment the policies and strategies that have been formed to prioritise job creation and inward investment in north Tipperary following a delegation from the Joint Committee on Enterprise, Trade and Employment to Tipperary in January 2008; and if she will make a state- ment on the matter. [19177/08]
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): State support for enterprise and job creation is channelled through the industrial development agencies. While I may give general policy directives to the agencies, I am precluded under the Acts from giving directives regarding individual undertakings, or from giving preference to one area over others. The development agencies under the remit of my Department, IDA Ireland, Enterprise Ireland, Shannon Development and the County Enterprise Boards work together to address industrial development in Tipperary North. At the end of 2007, the latest date for which figures 637 Questions— 15 May 2008. Written Answers
[Deputy Mary Coughlan.] are available, there were a total of 3,794 people employed in state supported companies in north Tipperary . Shannon Development, which has responsibility for the provision of tailored property sol- utions for both foreign direct investment (FDI) and indigenous industry in north Tipperary , is particularly active in the area. It has submitted a planning application for a new building at the Tipperary Technology Park in Thurles and is also in the process of developing a Master Plan for a 60 acre site at Archerstown adjacent to Thurles. Elsewhere in the County, the Roscrea Business and Technology Park will be officially launched on May 19th, while a new Business Park is being planned for Templemore. In addition, a revised Master Plan for Lisbunny Busi- ness Park in Nenagh is underway. Enterprise Ireland’s job creation activity is focussed on the creation of new jobs through supporting entrepreneurs setting up new High Potential Start-Up companies, the retention and creation of new jobs in existing companies and in enhancing the innovation capability of Ireland at a national and regional level through support of research in companies and third level insti- tutions. As part of an initiative to encourage new start-ups in north Tipperary, Enterprise Ireland is currently running an Entrepreneurship awareness raising campaign via promotional billboards strategically located through north Tipperary. In addition, a series of Entre- preneurship workshops are scheduled for May 2008 to promote the notion of entrepreneurship as a career option and to provide information and support locally for interested individuals. Furthermore, a series of information evenings targeted at community development groups in north Tipperary will commence in early June 2008 to promote and provide information and case-studies to potential applicants under the 2nd tranche of the 2007-2009 CEC scheme which was launched in April 2008. Meanwhile, the Tipperary North County Enterprise Board continues to support Micro busi- nesses in the region and, during 2007, paid out over a quarter of a million euro in support of 25 projects. In line with the National Spatial Strategy, IDA Ireland is committed to balanced regional development and the development of Tipperary North as part of the Mid-West region. The attractiveness of north Tipperary for inward investment has to be seen within a regional con- text, and particularly by reference to Shannon Airport, its proximity to Limerick and Cork and to its location along the corridors of Limerick/Dublin and Cork/Dublin. IDA’s strategy for the area aims to attract new FDI in innovation driven, high value, high skills sectors. The Agency continues to work with their existing company base to encourage them to expand their presence in the area by the addition of increased functions of scale and increased strategic functions. I am satisfied that the policies being pursued by Government, together with the work of the agencies on the ground as well as the roll out of the National Development Plan will continue to provide investment and job creation in Tipperary North and in the region as a whole. However, in the final analysis it is the investor who decides where to locate.
Ministerial Correspondence. 121. Deputy Bernard J. Durkan asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she has received correspondence from a person (details supplied) in Dublin 8 in view of the fact that their appeal was submitted within the specified 21 days but never acknowledged; if she will review the application for a work permit on these grounds; and if she will make a statement on the matter. [19200/08]
Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Employment Permits Section of my Department informs me that this employment permit application was refused and the applicant was informed of this decision by letter on the
638 Questions— 15 May 2008. Written Answers
07/02/08. In this letter, the applicant was informed of her right of appeal within 21 days in accordance with Section 13(2) of the Employment Permits Act, 2006. It appears that the Employment Permits Section have no record of an appeal being received in this case.
Ministerial Appointments. 122. Deputy Fergus O’Dowd asked the Minister for Arts, Sport and Tourism the appoint- ments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18987/08]
124. Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the appointments made by him between 2 April and 7 May 2008, inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19080/08]
125. Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the appointments made by him between 26 of February 2008 and 1 of April 2008, inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19094/08]
Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I propose to take Questions Nos. 122, 124 and 125 together. I was appointed Minister for Arts, Sport and Tourism on 7th May 2008 and have made no appointments in the meantime. My predecessor made the following appointments in the period in question.
Name of Appointee Date Location Board
Mr. Arthur O’Brien 8 April 2008 Dublin National Sports Campus Development Authority Ms. Bernadette Cronin 8 April 2008 Dublin National Sports Campus Development Authority Mr John Mulcahy 15 April 2008 Dublin The Board of Governors and Guardians of the National Gallery of Ireland Mr William O’Dwyer 15 April 2008 Tipperary Bord na gCon Mr Danny Reilly 15 April 2008 Meath Bord na gCon Mr Timothy Gilbert 15 April 2008 Dublin Bord na gCon Dr Tom Moriarty 23 April 2008 Dublin Irish Sports Council Mr Colm Brennan 23 April 2008 Dublin Irish Sports Council Mr Michael Spain 23 April 2008 Offaly Irish Sports Council Mr E´ amonn Delaney 1 May 2008 Dublin The Board of Directors of the Irish Museum of Modern Art. Ms Carol Quinn* 1 May 2008 Cork National Archives Advisory Council. Ms Ma´ire MacConghail* 1 May 2008 Dublin National Archives Advisory Council. Dr Raymond Refausse´* 1 May 2008 Dublin National Archives Advisory Council. Ms Valerie Moriarty 1 May 2008 Galway National Archives Advisory Council. Mr Raymond Hughes 1 May 2008 Dublin National Archives Advisory Council. Mr Michael Dixon 1 May 2008 Dublin National Archives Advisory Council. *Reappointment.
639 Questions— 15 May 2008. Written Answers
European Council Meetings. 123. Deputy Leo Varadkar asked the Minister for Arts, Sport and Tourism the number of Council of Ministers meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19038/08]
Minister for Arts, Sport and Tourism (Deputy Martin Cullen): There are only two formal Councils of Ministers which make decisions in relation to matters under the remit of the Department of Arts, Sport and Tourism. The Education, Youth and Culture Council generally meets twice a year to discuss Cultural issues. Tourism issues are dealt with by the Competi- tiveness Council which my colleague the Ta´naiste and Minister for Enterprise, Trade and Employment, Mary Coughlan, T.D., attends. Sport is not a Community competence at present although it is the subject of informal meetings of Sports Ministers. Since May 2005, there have been six meetings of the Education, Youth and Culture Council at which cultural matters were discussed. In all cases, Ireland was represented by the Deputy Permanent Representative to the EU as my predecessors were unable to attend because of other diary commitments. Decisions are normally made on a consensus basis. Ireland has not voted against any decision over the three years in question. Our approach, in line with the national approach generally, is to advance our interests through the process of negotiation. The conclusions of EU Council configurations may be found on the EU’s website: http://www.consilium.europa.eu
Questions Nos. 124 and 125 answered with Question No. 122.
Departmental Contracts. 126. Deputy Jim O’Keeffe asked the Minister for Arts, Sport and Tourism the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks engaged for; and if he will make a statement on the matter. [19164/08]
Minister for Arts, Sport and Tourism (Deputy Martin Cullen): No firms of solicitors or individual barristers have been engaged by me or my predecessor on a contractual basis in the past 18 months.
Ministerial Appointments. 127. Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the appoint- ments to bodies that were made by her since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if she will make a statement on the matter. [18998/08]
130. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the appointments made by her between 2 April and 7 May 2008, inclusive; the place or town of residence of each appointee; and if she will make a statement on the matter. [19091/08]
640 Questions— 15 May 2008. Written Answers
131. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the appointments made by her between 26 February 2008 and 1 April 2008, inclusive; the place or town of residence of each appointee; and if she will make a statement on the matter. [19105/08]
Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 127, 130 and 131 together. It is assumed that the Deputy is referring to State Boards. The following appointments were made to boards under the aegis of my Department since 26th February 2008 as follows: Mr. Michael Ryder (Dublin) IBEC nominee appointed to the Pensions Board; Mr. Dick Hickey (Co. Waterford), Ms. Brid Rocks (Co. Louth) and Ms. Muriel Walls (Co. Dublin) were re- appointed to the board of the Family Support Agency.
Social Welfare Code. 128. Deputy Tony Gregory asked the Minister for Social and Family Affairs the reason a new regulation S.I. No. 859 of 2007 has been enacted resulting in parents retaining income from child benefit and early childhood supplement for six months after their child has been placed with foster parents; if the payments should transfer immediately to the foster parents to directly benefit the child; if she will review same as a matter of urgency; and if she will make a statement on the matter. [19027/08]
Minister for Social and Family Affairs (Deputy Mary Hanafin): Child benefit is a monthly payment, paid in respect of children up to the age of 16 years. It continues to be paid in respect of children up to and including 18 years where they are in full-time education, or where they have a physical or mental disability. Prior to April of this year child benefit continued to be paid to the birth parent where a child was placed in foster care, regardless of the duration of foster care or the level of support provided by the birth parent. This arrangement was based on a legislative provision which deemed that the child should be regarded as normally residing with the mother, even where the child had been placed with foster parents. New arrangements have now been put in place whereby child benefit transfers to a foster parent after a period of six months of foster care. The rationale behind this change is that the purpose of child benefit is to assist toward the ongoing cost of child rearing. However, when introducing the change, it was considered inappropriate to withdraw payment from a parent in respect of short periods of foster care, such as during a period of recuperation from illness in the case of a parent without family or other supports. Furthermore, it is recognised that the immediate withdrawal of child benefit may have an adverse financial effect on the mother who may, regardless of the duration of the foster care, maintain some level of contact with the child. Following discussions with the Health Service Executive and the Irish Foster Care Associ- ation, it was established that the HSE initially consider the vast majority of foster care arrange- ments to be short-term placements. In view of this and in light of the fact that legislating for all possible scenarios would be impractical, it was decided that six months represents a reason- able ‘lead-in’ time before the transfer of child benefit. The foster parent is subsequently entitled to child benefit from the seventh month of foster care. The early childcare supplement, which is administered by the Department on behalf of the Office of the Minister for Children and paid in respect of children under six years of age, also transfers to the foster parent. As it is paid quarterly in arrears, it is issued to the person who was entitled to CB for the majority of the preceding quarter. Foster parents also receive an allowance from the Health Service Executive of \319 per week in respect of each child under 12 years of age and \346 per week in respect of children 12 years of age and over. In addition, a medical card is issued in respect of the child. I believe that these arrangements present the
641 Questions— 15 May 2008. Written Answers
[Deputy Mary Hanafin.] most equitable method of administering payment of child benefit in what can be very difficult circumstances for the families concerned.
European Council Meetings. 129. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the number of Council of Ministers meetings attended by Ministers at her Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if she will make a statement on the matter. [19049/08]
Minister for Social and Family Affairs (Deputy Mary Hanafin): The Employment, Social Policy, Health and Consumer Affairs Council (ESPHCA) is the Council of Ministers formation of direct relevance to the Minister for Social and Family Affairs. This Council formation covers a range of policy areas which are dealt with by a number of Irish Government Departments, including employment and labour law issues, which are the responsibility of the Department of Enterprise Trade and Employment; equality and anti-discrimination issues, which are the responsibility of the Department of Justice, Equality and Law Reform; and social protection and social inclusion issues, which are dealt with by the Department of Social and Family Affairs. The ESPHCA Council also deals with health and consumer affairs items, which are the responsibility of the Department of Health and Children and the Department of Enterprise, Trade and Employment, respectively. Decisions concerning Ministerial attendance at ESPHCA Councils are determined having regard to the items on the agenda. Where there is a greater focus on employment issues, Ireland is represented by the Minister for Labour Affairs, with appropriate input from the Department of Social and Family Affairs. The Employment and Social Affairs Council meets formally 3 or 4 times each year. At these Councils, EU Employment and Social Affairs Ministers reach political agreement on various legislative items and also adopt and endorse a range of reports and opinions. Legislative items of relevance to the Minister for Social and Family Affairs normally require unanimity at Council, and the ESPHCA Council endeavours to reach agreement on these items through consensus, without the need for a formal vote. The following table sets out the participation by the Minister for Social and Family Affairs at the formal ESPHCA Council meetings over the period 1st January 2005 to 15 th May 2008. All of the ESPHCA Councils held during this period were also attended by the Minister for Labour Affairs at the Department of Enterprise, Trade and Employment.
Table of Attendance at ESPHCA meetings by Minister for Social and Family Affairs
ESPHCA In attendance Decisions Votes meeting
March 2006 Minister Seamus Brennan Council adopted a Regulation amending Adopted unanimously Regulation No. 1408/71 on the application of social security schemes to employed persons, self-employed persons and members of their families moving within the Community and Regulation 574/72 on the procedure for implementing Regulation No. 1408/71 (miscellaneous amendments 2004)
642 Questions— 15 May 2008. Written Answers
ESPHCA In attendance Decisions Votes meeting
Council reached a general approach on a Agreed unanimously draft regulation amending Regulation No. 1408/71 on the application of social security schemes to employed persons, self- employed persons and members of their families moving within the Community (miscellaneous amendments 2005) Council adopted the 2006 joint Commission Agreed unanimously and Council report on social protection and social inclusion Council endorsed the joint Social Protection Endorsed unanimously Committee and Economic Policy Committee opinion on the Communication from the Commission, Working together, working better: a new framework for the open method of coordination of social protection and inclusion policies in the EU
June 2006 Minister Seamus Brennan Council reached a partial general approach Agreed unanimously on Titles I and II of a draft Regulation aimed at implementing Regulation No. 883/2004 on the coordination of social security systems Council reached a partial general approach Agreed unanimously on a draft Regulation amending Regulation No. 883/2004 on the coordination of social security systems and determining the content of Annex XI to that Regulation. Council endorsed a joint opinion of the Endorsed unanimously Social Protection and Employment Committees on the review of the EU Sustainable Development Strategy Council endorsed the joint contribution of Endorsed unanimously the Social Protection and Employment Committees on flexicurity
Questions Nos. 130 and 131 answered with Question No. 127.
Social Welfare Benefits. 132. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the one parent family allow- ance. [19161/08]
Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned applied for a one-parent family payment on 3 April 2008. Her claim is currently with a Social Welfare Inspector for investigation of her circumstances. On completion of enquiries, a decision will be made as soon as possible and she will be notified of the outcome.
Departmental Contracts. 133. Deputy Jim O’Keeffe asked the Minister for Social and Family Affairs the firms of solicitors or individual barristers which she has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if she will make a statement on the matter. [19175/08]
Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department of Social and Family Affairs uses the services of the law officers of the State for its legal work and has 643 Questions— 15 May 2008. Written Answers
[Deputy Mary Hanafin.] not engaged any firms of solicitors or individual barristers on a contractual basis in the past 18 months.
Ministerial Appointments. 134. Deputy Fergus O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18989/08]
139. Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19082/08]
140. Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the appointments made by him between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19096/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 134, 139 and 140 together. The following table provides details in relation to the appointment I have made to bodies that come within the ambit of my Department from 26 February 2008 to 7 May 2008, including details in relation to the town of residence of the appointee.
State Board Names of Persons so Appointment date Town of residence of appointed appointees
Dormant Accounts Board Eimer O’Rourke 14 April 2008 Dublin
Road Network. 135. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs when funding will be granted for a road (details supplied) in County Mayo. [19015/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): An appli- cation for funding for the road referred to by the Deputy is currently being considered by my Department along with other applications under Sce´im na mBo´ ithre A´ ise 2008.
136. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the criteria used in relation to assessing roads in the Gaeltacht area for funding; the person who assesses the roads for inclusion for grant funding; and the way they are assessed. [19016/08]
137. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the number of applications received seeking funding for strategic roads in Gaeltacht areas in 2008; and the number of applications successful and the amount allocated on a county basis. [19017/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 136 and 137 together. 644 Questions— 15 May 2008. Written Answers
Applications under Sce´im na mBo´ ithre A´ ise (Gaeltacht Accommodation Roads Scheme) are assessed by officials of my Department and are approved for funding, having regard to the following criteria:
• overall budget available;
• necessity of work and value for money;
• Irish language usage in the area;
• geographical balance.
The objective of Sce´im na mBo´ ithre Straite´iseacha Gaeltachta (Gaeltacht Strategic Roads Scheme) is to ensure that the main road networks serving the Gaeltacht are of an acceptable standard. Roads chosen for inclusion under the scheme do not fall within the remit of the National Roads Authority and must be located in the Gaeltacht. At the beginning of each year, local authorities submit a costed works programme for the various Gaeltacht regions to my Department. These programmes are assessed by my officials, in consultation with officials from the local authorities as appropriate, and in line with criteria similar to that used for Sce´im na mBo´ ithre A´ ise. In the period 2002-2007 over \51m has been provided by my Department for this scheme and a further allocation of \5.38m has recently been approved for 2008. A breakdown in regard to the amounts allocated on a county basis for 2008 is provided in the Table below. In regard to County Mayo, I should clarify that it was agreed with Mayo County Council in 2007, at their request, that an increased allocation be approved for that year to enable the construction of a new bridge at Gob an Choire, Acaill, to proceed. As a result, a grant of \2m was approved to the Council in 2007 to cover the years 2007 and 2008.
Table: Amounts allocated on a county basis for Gaeltacht Strategic Roads in 2008
County Amount \
Donegal 1,500,000 Galway 2,634,300 Kerry 750,000 Cork 300,000 Meath 100,000 Waterford 100,000
Total 5,384,300
European Council Meetings. 138. Deputy Leo Varadkar asked the Minister for Community, Rural and Gaeltacht Affairs the number of Council of Ministers meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19040/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The details requested by the Deputy are as follows: 645 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.]
2005 2006 2007
Number of meetings attended by Ministers at this 1 0 0 Department for each of the past three years Number of decisions made by the Council at those 1 0 0 meetings The number of occasions on which those decisions 1 0 0 were decided upon by a vote The number of occasions on which Ireland voted Not Applicable Not Applicable Not Applicable against a decision which was adopted
Questions Nos. 139 and 140 answered with Question No. 134.
Departmental Contracts. 141. Deputy Jim O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if he will make a statement on the matter. [19166/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The details requested by the Deputy are as follows:
Name of Solicitor or Barrister Purpose of Engagement Fees Already Estimate of Fees Paid Expected to be Paid*
\\
A&L Goodbody Provision of guidance on 12,190 Nil (concluded) governance and on the selection and recruitment of chief executives and other key personnel in the new unified structures. Arthur Cox Solicitors Professional advice in relation to 76,678 Nil (concluded) the development of guidelines and model memoranda and articles of association for companies involved in the cohesion process, phases 1 and 2. Arthur Cox Solicitors & Oonagh Review of Corporate Governance, 54,944 27,336 Breen phase 3. Mr. Alexander J. Owens, Senior Mr. Alexander Owens, S.C. chaired 25,894 Nil (concluded) Counsel an Expert Group, established to examine and make recommendations on various legal issues relating to land access. *Fees expected to be paid by the conclusion of the tasks engaged for.
Departmental Expenditure. 142. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the full extent of intended expenditure by his Department through the various schemes 646 Questions— 15 May 2008. Written Answers operated through urban, community based effort; and if he will make a statement on the matter. [19192/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware, my Department operates a range of schemes programmes and measures supporting the development of communities. The sources of funding for them are the Exchequer, the EU and the Dormant Accounts Fund and their operation and funding is being delivered in line with the current Programme for Government. Details of these and my Department’s intended expenditure in 2008 can be found on my Department’s website www.pobail.ie and in the Revised Estimates Volume available on the Department of Finance website www.finance.gov.ie
National Drugs Strategy. 143. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the number of local community based groups involved in the campaign in the fight against drugs or drug rehabilitation which he or his Department expect to fund in 2008 in both urban and rural areas, in the greater Dublin area and in the regions; and if he will make a statement on the matter. [19193/08]
144. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the number of drug rehabilitation programmes expected to be funded by his Depart- ment in County Kildare in 2008; the extent to which this compared with previous years; and if he will make a statement on the matter. [19194/08]
145. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the number of drug rehabilitation schemes expected to be funded by his Department throughout the country in 2008; the way this compares with previous years; and if he will make a statement on the matter. [19195/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 143 to 145, inclusive, together. As the Deputy will be aware, the majority of expenditure allocated to community groups through my Department for drugs initiatives is channelled through the Local and Regional Drugs Task Forces (RDTFs). The areas covered by the Drugs Task Forces are detailed below. Projects are submitted through Drug Task Forces to the National Drugs Strategy Team who make recommendations to me on funding. Over 440 Local Drugs Task Force (LDTF) projects, including those under the Emerging Needs Fund, are receiving funding from my Department. The 2008 allocation for such projects shows an increase of 9.5% over the amount spent in 2007. In the region of 170 of these projects focus on treatment and rehabilitation. Across the ten Regional Drug Task Force (RDTF) areas, work is progressing on the imple- mentation of their Action Plans with the level of expenditure expected to increase by over 40% this year. Expenditure in 2007 on the ten RDTF plans came to over \7m and the increased provision in 2008 will allow for the full year cost of the approx. 150 community projects already in progress and the start of roughly another 40 projects this year. In 2007, a total of 67 treatment and rehabilitation projects were approved for funding and this is expected to rise to around 90 in 2008.
647 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.]
In addition, as part of a \2m funding package announced earlier this year to support rehabili- tation and to address cocaine use, an amount of \750,000 was earmarked for rehabilitation- focused projects. The funding will be allocated to suitable projects over the coming months. The Deputy should also note that capital funding is available under the Premises Initiative which addresses the accommodation needs of community drugs projects in Task Force areas. Already this year, funding of nearly \4m was approved for 15 capital projects, a number of which focus on rehabilitation. With regard to Co. Kildare, it is part of the South West Regional Drugs Task Force. A sum of \300,520 has been allocated to the Task Force for a Rehabilitation Mentor Service, which is aiming to get up and running this summer. The aim of this project is to assist recovering drug misusers to access services most appropriate to them over time. It also aims to develop and provide a one-to-one rehabilitation “mentor” service that will identify and facilitate a personal progression route for each individual. This will serve both Kildare and West Wicklow. In 2007, the Community Drug Team for Kildare and West Wicklow was allocated funding and this funding will continue in 2008 in the amount of \340,112. The service will expand and complement existing treatment services along with family support and early responses to young people at the early stage of drug misuse. Some of the other funding provided to that Drugs Task Force also provides benefit broadly across their region of operation, including Co. Kildare. In addition, a sum in the region of \170,000 has been made available to Teen Challenge, a rehabilitation project at Shechem House, Richardstown, Co. Kildare, arising from applications through the South Inner City LDTF in Dublin. As regards capital funding, \22,354 was approved to Newbridge Family Resource Centre in June 2007 under the Premises Initiative. This is in respect of the purchase and installation of a semi-permanent structure for the Centre to provide a dedicated drop-in facility for “at risk” youth.
Local Drugs Task Force areas
• Ballyfermot
• Ballymun
• Blanchardstown
• Bray
• Canal Communities
• Clondalkin
• Cork City
• Dublin North East
• Dublin 12
• Dun Laoghaire / Rathdown
• Finglas / Cabra
648 Questions— 15 May 2008. Written Answers
• North Inner City
• South Inner City
• Tallaght
Regional Drugs Task Forces
• East Coast Area RDTF — Dun Laoghaire/ Rathdown and East Wicklow.
• Northern Area RDTF — North Dublin City and Fingal.
• South-Western Area RDTF — South Dublin City, South Dublin, Kildare and West Wicklow
• Midland RDTF — Longford, Westmeath, Offaly and Laois.
• Mid-West RDTF — Clare, North Tipperary and Limerick.
• North-Eastern RDTF — Monaghan, East Cavan, Meath and Louth.
• North-Western RDTF — West Cavan, Donegal, Sligo and Leitrim.
• Southern RDTF — Cork County and Kerry
• South-Eastern RDTF — Wexford, Carlow, Kilkenny, Tipperary South and Waterford.
• Western RDTF — Mayo, Roscommon and Galway.
Departmental Programmes. 146. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if it is intended to extend the scope and the scale of CLA´ R programmes operated by his Department; if the range of activity is in accordance with original expectations; and if he will make a statement on the matter. [19196/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I refer the Deputy to my reply to Question 145 of 14th February 2008. The CLA´ R Programme is a tar- geted investment programme for rural areas, which was launched in October 2001. My Depart- ment officials are in discussions with various Government Departments, State Agencies and other interested parties in relation to new measures on an ongoing basis. The development of CLA´ R will be kept under review in this context.
Community Development. 147. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the number of applications for grant aid received by his Department from voluntary or statutory groups throughout County Kildare for the provision, upgrading or development of community based facilities such as theatres or community halls to facilitate local productions; and if he will make a statement on the matter. [19197/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): My Depart- ment received four applications for grant aid from voluntary organisations throughout County Kildare for the provision, upgrading or development of community-based facilities such as theatres, or community halls to facilitate local productions.
649 Questions— 15 May 2008. Written Answers
[Deputy E´ amon O´ Cuı´v.]
The applications were submitted under the Programme of Grants for Locally Based Com- munity and Voluntary Organisations, in the years 2006, 2007 and to date in 2008. Two applications were received in 2006, one in 2007, and one has been submitted to date during 2008.
Departmental Programmes. 148. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if it is intended to extend the scope and scale of the RAPID programme operated by his Department; if the range of activity is in accordance with original expectations; and if he will make a statement on the matter. [19198/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The RAPID Programme aims to ensure that priority attention is given to tackling the spatial concentration of poverty and social exclusion within 46 designated RAPID areas nationally. As I have indi- cated to the House on a number of occasions, it is a matter for individual Departments to report progress under the RAPID programme. I initiated the RAPID leverage schemes in 2004 in order to support small-scale projects identified locally by the Area Implementation Teams in each of the RAPID areas. These schemes are co-funded by the relevant agencies and fund projects that focus on estate enhance- ment, graffiti removal, traffic calming, community closed-circuit television, health and sports facilities, and the provision of playgrounds and multi-use games areas. These schemes are subject to ongoing review to ensure that they remain responsive to the demands of the RAPID communities. Where opportunities arise, the eligibility of individual schemes can be extended to reflect emerging needs identified by the Area Implementation Teams in each of the RAPID areas.
149. Deputy Bernard J. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the full extent of his rural development programme in 2008 with particular reference to reductions or increases in expenditure under the various headings; and if he will make a statement on the matter. [19199/08]
Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I take it that the Deputy is referring to the Rural Development Programme 2007-2013, axes 3 and 4 of which provide \425 million for LEADER type activities. This represents an allocation of almost treble the \150 million available for the 2000-2006 period. Although provision has been made for expenditure of \16 million across the full range of measures in 2008, the Programme will operate on a multi annual basis and expenditure of the full allocation will occur over the lifetime of the programme.
Pigmeat Sector. 150. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if he will request the European Commission to publish a price series on retail wholesale processor and producer prices for each Member State on the Internet every three months in order to ensure more price transparency within the European pigmeat sector; and if he will make a statement on the matter. [19131/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Producer prices in each Member State are collated by the Commission and are already in the public domain.
650 Questions— 15 May 2008. Written Answers
Transparency in the area of producer prices is highly desirable and is an important tool in the management of the common organisation of the pigmeat market. Prices at later stages of the marketing chain do not have that same function and are dependent on many variable factors such as consumer preference, sales taxes, and the nature of the supply chain.
Grant Payments. 151. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the position regarding an appeal of single farm payment entitlement by a person (details supplied) in County Galway; and if he will make a statement on the matter. [18970/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named applied for consideration for an allocation under Category B of the 2005 National Reserve. Category B catered for farmers who made an investment in production capacity in a farming sector for which a direct payment under Livestock Premia and/or Arable Aid schemes would have been payable during the reference period 2000-2002. Investments can include purchase or long-term lease of land, purchase of suckler and/or ewe quota or other investments. The person named applied in respect of B1 (purchase of land) and B2 (investment in suckler quota). National Reserve entitlements in respect of purchased land can only be allocated on land that is declared on the 2005 Single Payment application and is free of entitlements. While the person named purchased 12.08 net hectares of land, there was only 6.31 hectares free of entitle- ments in 2005. Therefore the person named received the maximum allocation of 6.31 entitle- ments from the National Reserve. With regard to the B2 elements the person named applied in respect of suckler quota acquired in 2001 and 2003. The person named received an allocation in respect of the suckler quota purchased in 2003. However, he did not receive an allocation in respect of the suckler quota acquired in 2001 as the documentation held by my Department indicates that this was a family transaction and not a purchase as required under the criteria for this category. The person named subsequently submitted an appeal against my Department’s decision. This appeal was forwarded to the Independent Single Payment Appeal Committee who have upheld my Department’s decision.
Ministerial Appointments. 152. Deputy Fergus O’Dowd asked the Minister for Agriculture, Fisheries and Food the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18986/08]
161. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19079/08]
162. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the appointments made by him between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19093/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I propose to take Questions Nos. 152, 161 and 162 together.
651 Questions— 15 May 2008. Written Answers
[Deputy Brendan Smith.]
The appointments made by my predecessor to bodies under the aegis of my Department during the period 26th February 2008 until 7th May 2008 are as follows:
Person Appointed Date Appointed Body to which appointed
Dan Browne — Dawn Meats 10 April 2008 Bord Bia (Board member & Chairperson) Joseph Hyland — Irish Country Meats 10 April 2008 Bord Bia Vincent Cleary — Glenisk 11 April 2008 Bord Bia Ray Carolan — Cavan 11 April 2008 Bord Bia Paul Cusack — National Botanic Gardens 28 April 2008 Bord Bia Mark Cagney — Broadcaster 5 May 2008 Consumer Liaison Panel — Chairperson Kenny Jacobs — Nominated by Tesco 5 May 2008 Consumer Liaison Panel Valarie Rice — Nominated by Superquinn 5 May 2008 Consumer Liaison Panel Tara Buckley — Nominated by REDATA 5 May 2008 Consumer Liaison Panel Gerry McCormack — Nominated by 5 May 2008 Consumer Liaison Panel SIPTU Richard Donoghue — Nominated by 5 May 2008 Consumer Liaison Panel Consumer Association of Ireland Carmel Dawson — Nominated by ICA 5 May 2008 Consumer Liaison Panel Maeve Dineen — Kilkenny 5 May 2008 Consumer Liaison Panel John McGrath — Dublin 5 May 2008 Consumer Liaison Panel Mairin Ui Chomain — Galway 5 May 2008 Consumer Liaison Panel Jackie Spillane — Wicklow 5 May 2008 Consumer Liaison Panel Gary Brown — Dublin 5 May 2008 Consumer Liaison Panel Andy Irving — Dept of Agriculture, 5 May 2008 Consumer Liaison Panel Fisheries and Food
Grant Payments. 153. Deputy Bobby Aylward asked the Minister for Agriculture, Fisheries and Food when approval for grant aid under the farm improvement scheme will issue to a person (details supplied) in County Kilkenny. [19003/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016. The application concerned is, therefore, eligible for consideration and will be processed subject to funding still being available at that time.
154. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Galway, an applicant under the 40% farm grant scheme will receive approval; the circumstances of this case; and if he will make a statement on the matter. [19004/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named is an applicant under the Farm Improvement Scheme. Applications under this Scheme are being processed by my Department up to the level of funding provided for the Scheme in the 2006 Partnership agreement, Towards 2016. The application concerned is, therefore, eligible for consideration and will be processed subject to funding still being available at that time. 652 Questions— 15 May 2008. Written Answers
155. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if he will introduce a payment of \35 per head on sheep to retain sheep farming in hill areas; and if he will make a statement on the matter. [19019/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Premia payments for ewes ceased on the introduction of the Single Farm payment in 2005 and the re-introduction of a headage payment even in hill areas would not be easily achieved without consequences for the Single Farm Payment. My predecessor raised the difficulties in the sheep sector at the EU Council of Agriculture Ministers last March. Commissioner Fisher Boel has indicated that the needs of the sector would be borne in mind in the CAP Health Check.
Rural Environment Protection Scheme. 156. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if he will amend the three hectares of enclosed green land eligibility requirement in REP scheme four to read three hectares of farmland; and if he will make a statement on the matter. [19020/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): One of the eligibility criteria for REPS 4 is that a farmer must be farming at least 3 hectares of owned or leased land, but the rule is not absolute. Other lands can be included to satisfy the three hectare requirement with the prior approval of my Department.
157. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if he will amend two voluntary supplementary measures in REP scheme four to include commonage as par to the 20 hectares for payment as otherwise those measures have no relevance in hill areas (details supplied); and if he will make a statement on the matter. [19021/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The environmental objectives of the Traditional Sustainable Grazing and the Mixed Grazing supplementary measures can be delivered only through a controlled grazing regime. It is possible to undertake these measures only on lands which are under the sole control of the farmer, which excludes commonage. Commonage land must be farmed to the farming conditions set out in the relevant Commonage Framework Plan and attracts an enhanced payment rate of \282 per hectare on up to 40 hectares in REPS 4. Subject to the separate conditions for the two supplementary measures, a farmer with both commonage and non-commonage land may apply for either measure on his or her non-commonage land, including designated non-commonage land.
Grant Payments. 158. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if he will remove the DED average requirement of the \6 million to special national reserve category for sheep farmers which would benefit hill farmers. [19022/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Category C of the 2007 National Reserve caters for sheep farmers for whom at least 40% of their Single Payment was derived from direct payments associated with sheep production (Ewe Premium/Rural Word Premium) during the reference period and where their existing Single Payment is less than \10,000. This is a non-mandatory category. The EU Regulations provide that in allocating entitle- ments to successful applicants in the non-mandatory categories, the Member State must ensure that the allocation does not have the effect of increasing the value of any existing entitlements above the regional average value of entitlements. Similarly, the value of any new entitlements
653 Questions— 15 May 2008. Written Answers
[Deputy Brendan Smith.] allocated to non-mandatory categories must not exceed the regional average. The Member State was allowed to determine what constituted the regional average. At the commencement of the Single Payment Scheme a Single Payment Advisory Committee was established comprising representatives of the farming organisations, Teagasc and officials from my Department to assist in considering the most appropriate way of establishing the regional average value of entitlements. Having considered the Committee’s views, it was decided that the regional average value of entitlements would be the average value of entitle- ments in the District Electoral Division (DED) associated with the applicant’s herdnumber. This was considered to be a reasonable interpretation reflecting, as it did, the average value of payment entitlements and therefore the average farming activity in the DED concerned during the reference period. My Department is seeking more flexibility for Member States in determining both the cate- gory of farmer who should benefit from the National Reserve and the most appropriate level of allocation to successful applicants. This matter will be pursued in the context of the Health Check of the CAP.
European Council Meetings. 159. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food the number of Council of Ministers meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19037/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The information requested is contained in the following schedule.
Council Date Number of Decisions A Points
10 May 2005 (Informal) — — 30/31 May 2005 1 × Political Agreement 14 1 × Vote 20/21 June 2005 1 × Political agreement 20 18 July 2005 — 19 11 September 2005 (Informal) — — 19 September 2005 — 42 24/25 October 2005 2 × Political agreement 13 22/24 November 2005 — 9 20 December 2005 2 × Vote1 × Political agreement 52 23 January 2006 — 24 20 February 2006 2 × Vote 15 20 March 2006 2 × Vote 2 25 April 2006 1 × Vote 21 22 May 2006 — 15 28/30 May 2006 (Informal) — — 19 June 2006 1 × Vote 11 18 July 2006 — 9 18 September 2006 — 13 25 September 2006 (Informal) — —
654 Questions— 15 May 2008. Written Answers
Council Date Number of Decisions A Points
24/25 October 2006 — 8 20 November 2006 — 21 19/20 December 2006 1 × Vote 68 21 January 2007 1 × Political agreement 7 February 2007 No Council — 19/20 March 2007 — 25 16 April 2007 — 26 7/8 May 2007 1 × Political agreement 23 11/12 June 2007 3 × Political agreement 14 16 July 2007 — 12 26 September 2007 1 × Political agreement 22 18 September 2007 (Informal) — — 22/23 October 2007 2 × Political agreement1 × Vote 18 26/27 November 2007 1 × Political agreement 12 17 December 2007 3 × Political agreement3 × Vote 20 21 January 2008 1 × Political Agreement 19 18 February 2008 — 9 17 March 2008 1 × Vote 26 14 April 2008 — 17
Ireland did not vote against any of the proposals adopted.
EU Regulations. 160. Deputy Leo Varadkar asked the Minister for Agriculture, Fisheries and Food if there is a prohibition on the slaughter or sale of dog meat and cat meat here; and if he will make a statement on the matter. [19071/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Regulation (EC) 853 of 2004 lays down specific rules on the hygiene of food of animal origin for food business operators. Annex I to Regulation (EC) 853/2004 defines meat as the edible parts of a specified list of animals. This list does not include canine or feline animals, and the slaughter of such animals for consumption by humans and the sale of such meat is therefore unlawful in the EU. Regulation (EC) 1774 of 2002 provides that animal by-products derived from pet animals are designated as Category 1 animal by-products and as a consequence they can not be used as raw material in the production of petfood.
Questions Nos. 161 and 162 answered with Question No. 152.
Coastal Protection. 163. Deputy Terence Flanagan asked the Minister for Agriculture, Fisheries and Food his views on a query (details supplied); and if he will make a statement on the matter. [19141/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The dunes at Burrow Beach, Burrow Road, Sutton, Co. Dublin are owned by Fingal County Council and responsi- bility for their maintenance and development is a matter for the Local Authority in the first instance. However, I am pleased to announce that under my Department’s 2008 Coastal Protec- tion Programme, grant aid of \50,000 has been allocated towards the protection of the Dunes 655 Questions— 15 May 2008. Written Answers
[Deputy Brendan Smith.] at Burrow Beach. All applications were decided based on Exchequer funding and overall national priorities.
Grant Payments. 164. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Question No. 366 of 8 May 2008, the reason for the delay in payments under the farm improvement scheme from offices (details supplied) in County Cork; and if he will make a statement on the matter. [19145/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The issues that had delayed processing of schemes in these offices have been resolved and payments will com- mence shortly.
165. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if an application under the 2007 national reserve for a person (details supplied) in County Mayo has been successful. [19160/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named has submitted an application for consideration of an allocation under Category C of the 2007 National Reserve which caters for sheep farmers for whom at least 40% of their Single Payment was derived from direct payments associated with sheep production (Ewe Premium/Rural Word Premium) during the reference period and where their existing Single Payment is less than \10,000. As category C of the 2007 National Reserve is a non-mandatory category, the EU Regu- lations provide that in allocating entitlements to successful applicants, the Member State must ensure that the allocation does not have the effect of increasing the value of any existing entitlements above the regional average value of entitlements. Similarly, the value of any new entitlements allocated to non-mandatory categories must not exceed the regional average. The Member State was allowed to determine what constituted the regional average. In Ireland the regional average value of entitlements is the average value of entitlements in the District Elec- toral Division (DED) associated with the applicant’s herd number. The person named qualifies under the criteria laid out for Category C and has now received an allocation that has brought up the value of his entitlements to the DED average value associated with his herd number. A letter outlining the allocation and relevant payment will issue shortly. The person concerned was also successful under a measure for sheep farmers with common- age land which formed part of the 2005 National Reserve.
Departmental Contracts. 166. Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if he will make a statement on the matter. [19163/08]
Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): In the past 18 months, the services of the following firms or barristers have been retained by my Department.
656 Questions— 15 May 2008. Written Answers
Solicitors Engagement Purpose Fees/Estimate
Arthur Cox Advice and drafting in relation to environmental, \42,029.46 for the period ecological and EU Law 29.01.08 to 31.03.08 ongoing Philip Lee, Solicitors Advice on Public Procurement \7,708.31
Baristers Engagement Purpose Fees/Estimate
Eanna Mulloy, SC (Forestry Division) Prosecution of offences under the \23,050.50 Forestry Acts Donnchadh McCarthy, BL (Personnel Division) Labour Relations Commission Estimated at \1000 approx. Appearance Donnchadh McCarthy, BL (Personnel Division) Employment Contract advice and \726 drafting Una Tighe, BL (Fisheries Division) Drafting \11,192 Margaret O’Driscoll, BL (Fisheries Division) Legal advice in relation to \10,738 implementation of legislation
All above figures are inclusive of VAT.
Education Welfare Service. 167. Deputy Catherine Byrne asked the Minister for Education and Science the number of education welfare officers employed to monitor school attendance in south Dublin City; the name of the schools in which they are employed; the number of EWOs in each of these schools and their typical job description; and if he will make a statement on the matter. [18978/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The Education (Welfare) Act, 2000 established the National Educational Welfare Board (NEWB) as the national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the Board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education. The Board operates through 5 regional teams, with bases in Dublin, Cork, Limerick, Galway and Waterford. A service is provided from 26 locations nationwide. Educational Welfare Officers (EWOs) are appointed and deployed throughout the country to discharge the Board’s functions locally. EWOs employ a welfare oriented approach in the interests of the children and young people who do not attend school regularly, working collaboratively with schools and other agencies in meeting the needs of the children and the young people concerned. I have been informed by the Board that it prioritises its resources to support the most disadvantaged areas and schools participating in DEIS (Delivering Equality of Opportunity in Schools) the action plan for educational inclusion. EWOs provide an intensive service in these areas. Outside of these areas, priority is given to children who are out of school or have signifi- cant difficulties with school attendance. EWOs play a pivotal role in implementing the service provided by the NEWB through monitoring school attendance and working to improve it. The EWO delivers the key front-line services of the National Educational Welfare Board, as detailed in the Education (Welfare) Act, 2000, assisting schools, students and parents to comply with their legal obligations under the direction of the Board and its management. 657 Questions— 15 May 2008. Written Answers
[Deputy Batt O’Keeffe.]
In addition to case work on referrals from schools EWOs also provide assistance and advice to parents whose children experience school attendance difficulties by arranging for continu- ation of education through alternative placement or assisting with application for home tuition. They also work closely with schools offering advice and assistance on developing policies to encourage children to attend school regularly. At both school and community level EWOs work in co-operation with other agencies to integrate delivery of services to schools, families and children. Furthermore EWOs also handle queries relating to The Educational (Welfare) Act, 2000, and school attendance issues in general. Where required the EWO has responsibility to initiate legal proceedings under the Act to safeguard the educational welfare of a child. In relation to the deputy’s specific question I am informed that there are currently 8 EWOs assigned to the Dublin South area. This covers 273 schools in the South Dublin City & County. One additional post has been designated for this area from the start of the next school year bringing the total to 9. Dublin South is part of the Dublin Region of the NEWB where there are 3 Senior EWOs, 2 of whom have responsibility for Dublin South and 1 Regional Manager who has overall responsibility for the full Dublin Region. It should, however, be remembered that the Board is just one aspect of the comprehensive framework that this Government has put in place to improve school attendance and encourage more young people to finish school. In this regard, extra supports targeted at young people in disadvantaged areas include both educational initiatives such as intensive literacy programmes and services such as breakfast clubs and homework clubs. In fact, in addition to the NEWB, there are currently in excess of 620 staff within the edu- cation sector with a role in school attendance. Home School Community Liaison Coordinators (HSCL) through their work with parents, promote school attendance and its importance for success in school. School attendance is a central objective of School Completion Programme (SCP) with attendance tracking a core feature and one of its preventative strategies. Access to these services is available to all schools participating in DEIS the Action Plan for tackling educational disadvantage. Work is ongoing to develop appropriate protocols for all agencies and services to work together in collaboration. This approach aims to develop the delivery of services in a cohesive way and ensure that optimum use is made of the resources deployed.
School Transport. 168. Deputy Niall Blaney asked the Minister for Education and Science if he will give approval for the extension of a bus route to a school (details supplied) in County Donegal by 1.5 miles in order that the children of Churchill can access their closest Gaeltacht school; and if he will make a statement on the matter. [18979/08]
Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): Bus E´ ireann operates the school transport services on behalf of my Department. Bus routes are planned in such a way as to ensure that, as far as possible, eligible pupils have a reasonable level of service, while, at the same time, ensuring that school transport vehicles are fully utilised in an efficient and effective manner. My Department has requested Bus E´ ireann to investigate the background to the case, referred to in the details supplied, and to respond directly to the Deputy.
Schools Building Projects. 169. Deputy Paul Connaughton asked the Minister for Education and Science if his attention
658 Questions— 15 May 2008. Written Answers has been drawn to the overcrowded conditions at a school (details supplied) in County Galway, the efforts being made by the board of management, the teachers and parents in this school to have a new school built, the exorbitant cost of the two prefabs on the site which are costing over \90,000 for the school year 2008, that the prefabs will cost over \20,000 in rent each year thereafter, and that due to the lack of accommodation another two prefabs will have to be made available at a similar cost; when he proposes to have the new school commenced; and if he will make a statement on the matter. [18982/08]
Minister for Education and Science (Deputy Batt O’Keeffe): An application from the school referred to by the Deputy for a large scale building project has been assessed in accordance with my Department’s published prioritisation criteria for large scale projects. Following on from a technical visit by officials of my Department the Patron has confirmed the availability of additional lands for a new school building. Further progression of this pro- posed project will be considered in the context of my Department’s multi annual School Build- ing and Modernisation Programme.
Ministerial Appointments. 170. Deputy Fergus O’Dowd asked the Minister for Education and Science the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18991/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy is currently being compiled and will be sent to him shortly.
School Accommodation. 171. Deputy Bobby Aylward asked the Minister for Education and Science if he will approve funding for the replacement of prefabs in a national school (details supplied) in County Kilkenny. [19001/08]
Minister for Education and Science (Deputy Batt O’Keeffe): A grant was sanctioned in March 2006 to enable the management authority of the school in question to extend and mod- ernise their school. The scheme allows Boards of Management to address their accommodation and building priorities with a guaranteed amount of funding and gives them control of the building project. The Board of Management submitted an appeal for additional funding to cover extra costs regarding the installation of a waste water treatment system which was successful. I understand that construction will be starting shortly and the initial portion of the grant will then be paid to the school.
Schools Building Projects. 172. Deputy Finian McGrath asked the Minister for Education and Science the position of a project (details supplied) in Dublin 3. [19030/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The proposed project for the schools in question is at an advanced stage of architectural planning. The further progression of the project will be considered on an ongoing basis in the context of my Department’s multi- annual School Building and Modernisation Programme.
659 Questions— 15 May 2008. Written Answers
School Planning Provision. 173. Deputy Aengus O´ Snodaigh asked the Minister for Education and Science if, in view of the ongoing academic success of a school (details supplied) in Dublin 2, he will guarantee that the school has a future on this site. [19036/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The position generally is that decisions in relation to the future of a school are in the first instance a matter for the Patron and Trustees of the school concerned. The long-term future of the school in question will be dependent on its enrolment trends and the demographics and overall school planning provision in the area. My Department will continue to keep an overview of trends in the area.
European Council Meetings. 174. Deputy Leo Varadkar asked the Minister for Education and Science the number of Council of Ministers meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19042/08]
Minister for Education and Science (Deputy Batt O’Keeffe): I regret that it was not possible to fully collate the information which the Deputy has requested in the time available. I will respond directly to the Deputy as soon as the information is ready.
Vocational Education Committees. 175. Deputy John Cregan asked the Minister for Education and Science the progress made with regard to the provision of a new second level vocational educational committee college for Doon, County Limerick; and if he will make a statement on the matter. [19052/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The school referred to by the Deputy is one of 27 new schools to be provided under my Departments PPP Programme. The First Bundle consisting of four post-primary schools — two in Co. Laois and two in Co. Offaly — are in procurement and are likely, subject to the successful completion of the Local Auth- ority Planning process, to go to construction this year. The Second Bundle, consisting of six schools — 5 post primary and 1 primary school in Counties Cork, Limerick, Kildare, Meath and Wicklow — have completed pre rocurement and will be offered to the market shortly. I intend to announce further PPP project bundles during the year and the school referred to by the Deputy is being considered in this context.
Schools Building Projects. 176. Deputy Olivia Mitchell asked the Minister for Education and Science if he will make a decision on the application by a school (details supplied) in Dublin 16 for the necessary and urgent extension and refurbishment of the school; and if he will make a statement on the matter. [19059/08]
Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm to the Deputy that the school to which he refers have applied for large scale capital funding. The applications have been assessed in accordance with the published prioritisation criteria for large scale build- ing projects. Progress on individual projects will be considered in the context of the multi- annual School Building and Modernisation Programme.
660 Questions— 15 May 2008. Written Answers
It is not possible at this stage to say when construction will commence on the project referred to by the Deputy.
Ministerial Appointments. 177. Deputy Leo Varadkar asked the Minister for Education and Science the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19084/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy is currently being compiled and will be sent to him shortly.
178. Deputy Leo Varadkar asked the Minister for Education and Science the appointments made by him between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19098/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy is currently being compiled and will be sent to him shortly.
Special Educational Needs. 179. Deputy Michael Ring asked the Minister for Education and Science when a special needs assistant or classroom assistant will be provided for a person (details supplied) in County Mayo as recommended in the National Educational and Psychological Service report from February 2007. [19143/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resource teachers and special needs assistants to schools to support children with special needs. All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie. I have arranged for the details supplied by the Deputy to be forwarded to the NCSE for their attention and direct reply.
Site Acquisitions. 180. Deputy Michael McGrath asked the Minister for Education and Science the position in relation to the acquisition of a site for a new school building for a school (details supplied) in County Cork. [19155/08]
Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that a suitable site has been identified for the school in question. The site comprises of three plots of land with three separate vendors. My Department is continuing to progress any outstanding issues in consultation with the CSSO.
Departmental Contracts. 181. Deputy Jim O’Keeffe asked the Minister for Education and Science the firms of solici- tors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if he will make a statement on the matter. [19168/08]
661 Questions— 15 May 2008. Written Answers
Minister for Education and Science (Deputy Batt O’Keeffe): The following firms of solicitors have been engaged to provide legal services:
1. J.D Scanlon & Company solicitors, The Bridge Centre, O’Connor Square, Tullamore. Engaged in April 2007 to assist in the purchase of a site for Scoil Oilibhe´ir Naofa, Lay- town, Bettystown, Co. Meath. Fees of \12,348.28 (subject to with-holding tax) paid in May 2007. Following a tendering process, this firm has also been engaged to deal with the legalities associated with the procurement of school sites for rapidly developing areas. To date a fee of \5,461.25 (subject to with-holding tax) has been paid.
2. Farrell & Partners Solicitors, O’Connor Square,Tullamore. Engaged in May 2007 to handle the purchase of a site at Rochestown, Co. Cork. No fees paid to date but expected to be in the region of \5,950.00. Counsel has been retained to assist in drafting work. The fee was \2500 approximately.
Schools Refurbishment. 182. Deputy Noel J. Coonan asked the Minister for Education and Science the number of primary and post primary schools from north Tipperary that had applied for the summer works scheme before it was abolished; the names of all the schools in this category and the works they applied for; and if he will make a statement on the matter. [19178/08]
Minister for Education and Science (Deputy Batt O’Keeffe): I understand that the Deputy is referring to applications submitted for the 2008 Summer Works Scheme. The applications submitted range from relatively minor upgrades to substantial infrastructural works. Examples include roof works, window replacement, paths/kerbstones/fencing replacement, boiler replace- ment and toilet refurbishment. The number of applications made by primary and post primary schools in north Tipperary is 40. A list of the applicant schools is given in the following tabular statement. As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects costing in excess of \300 million have been completed. With so many smaller projects having been completed over the past few years, my Department is focusing on delivering as many large projects as possible in 2008. Accordingly, it is not proposed to approve projects under the Summer Works Scheme for 2008. However, it is intended to have a Summer Works Scheme in 2009.
Applications for Summer Works Scheme 2008
Tipperary NR
School
Primary
1. 02428B Lackamore NS 2. 12124K Rearcross NS 3. 13867P St Cronan’s NS 4. 13991Q Birdhill NS 5. 15778D St Mary’s No 2 NS 6. 16211C Two Mile Borris NS 7. 16979S St Colmcille’s Primary School
662 Questions— 15 May 2008. Written Answers
School
8. 17237C Kilbarron NS 9. 17512V St Flannan’s NS 10. 17543J St Michael’s NS 11. 17620B Rossmore NS 12. 17634M Scoil Ailbhe 13. 17653Q Castle Iny NS 14. 17703F Ardcroney NS 15. 17731K St. Josephs NS 16. 17940T Newport NS 17. 18087O SN Odhrain Naofa 18. 18135W Scoil Angela 19. 18285S Kilcommin NS 20. 18345K Corville NS 21. 18350D Inch NS 22. 18396E Rahealty NS 23. 18465U St Joseph’s NS 24. 18557C Templederry NS 25. 18559G SN Cill na Naomh 26. 19640R Scoil Mhuire 27. 19677R Upperchurch NS 28. 19874T Scoil Mhuire 29. 19879G St Patrick’s Jnr NS
Post-Primary
30. 65370B St Joseph’s CBS 31. 65380E St Mary’s SS 32. 65450W CBS Thurles 33. 65410K Cistercian College 34. 65460C Presentation SS 35. 65470F Ursuline SS 36. 72370P Borrisokane CC 37. 72450N St Joseph’s College 38. 72470T St Sheelans College 39. 72490C Thurles VS 40. 76069P Roscrea CC
Institutes of Technology. 183. Deputy Paul Kehoe asked the Minister for Education and Science when, with regard to the application by Waterford Institute of Technology for designation as a university and the publication of the Port Report, he will make a decision as to the status of WIT; and if he will make a statement on the matter. [19184/08]
Minister for Education and Science (Deputy Batt O’Keeffe): To date applications have been received to invoke Section 9 of the Universities Act, 1997 from Waterford Institute of Tech- nology, Dublin Institute of Technology and Cork Institute of Technology. These applications raise significant issues regarding Government policy towards higher education, in particular the existing roles of the Universities and Institutes of Technology which have distinctive missions 663 Questions— 15 May 2008. Written Answers
[Deputy Batt O’Keeffe.] from each other, provide different levels and types of academic programmes, fulfil different roles in the community and have separate academic and governance structures. I will be reviewing the appropriate next steps in relation to these applications and would intend to present proposals to Government in this regard.
Ministerial Appointments. 184. Deputy Fergus O’Dowd asked the Minister for Defence the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18990/08]
186. Deputy Leo Varadkar asked the Minister for Defence the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19083/08]
187. Deputy Leo Varadkar asked the Minister for Defence the appointments made by him between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19097/08]
Minister for Defence (Deputy Willie O’Dea): I propose to take Questions Nos. 184, 186 and 187 together. In response to the Deputy’s questions I wish to state that since 26 February 2008 a total of two Directors have been appointed by me to the Board of Coiste an Asgard. Mr. Noel Ryan and Mr. Joe McPeake were both appointed on 18 April 2008. The Directors reside in Caher- conlish, Co. Limerick and Hollystown, Dublin 15 respectively. Mr. Sean Nolan was re-appointed as Complaints Inquiry Officer for the Defence Forces with effect from 1 April 2008. Mr. Nolan resides in Dun Laoghaire, Co. Dublin.
European Council Meetings. 185. Deputy Leo Varadkar asked the Minister for Defence the number of Council of Mini- sters meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19041/08]
Minister for Defence (Deputy Willie O’Dea): The Deputy will be aware that there is no EU Defence Ministers Council. However, twice a year — once during each presidency — the General Affairs and External Relations Council (GAERC), which comprises Ministers for Foreign Affairs, meets with Defence Ministers in attendance.
Year Number of Council meetings attended by Minister in the Department of Defence
2006 2 2007 1 2008 0
Attendance at GAERC meetings is set out in tabular form above. On my behalf, Minister of State Kitt attended one of these meeting in November 2006. I plan to attend the GAERC 664 Questions— 15 May 2008. Written Answers scheduled to take place in Brussels on Monday the 26th May 2008. Consolidated details of decisions taken at the GAERC’s will be given by my colleague the Minister for Foreign Affairs in reply to PQ 19046/08.
Questions Nos. 186 and 187 answered with Questions No. 184.
Departmental Contracts. 188. Deputy Jim O’Keeffe asked the Minister for Defence the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if he will make a statement on the matter. [19167/08]
Minister for Defence (Deputy Willie O’Dea): My Department engaged the services of McCann Fitzgerald Solicitors on 20 April 2007 to provide legal drafting, research and advice services specifically in relation to the drafting of new Rules of Procedure and Court-Martial Rules, following on from the enactment of the Defence (Amendment) Act 2007. A total of \43,741.50, including VAT, was paid to McCann Fitzgerald Solicitors on 12 March 2008 in respect of work completed since 20 April 2007. A further sum in the region of \16,200, including VAT, will be paid when work on the drafting of the new Rules of Procedure and Court-Martial Rules is completed. The Chief State Solicitors Office/Attorney General’s Office and the State Claims Agency provide legal services on civil claims. These bodies engage the necessary barristers (and/or firms of solicitors in the case of the State Claims Agency).
Impounded Vehicles. 189. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the Garda vehicle capacity to store impounded cars with a breakdown of such storage capacity in each Garda division; the number of vehicles impounded in each by the Gardaı´ from 2000 to date in 2008 with a breakdown of the cars impounded which were nationally registered or which were non-national; and if he will make a statement on the matter. [18969/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the capacity to store impounded vehicles in each Garda Division is dependent on a number of factors including the size of the car park contiguous to each Garda Station and the car parking requirements for the number of official vehicles and members allocated to each Garda Station. Given the fluidity of these factors it is not possible to give a definitive storage capacity for each Garda Division for the period from 2000 to date in 2008. To ensure that each Garda Division has the storage capacity for impounded vehicles to match operational requirements, a pilot project to outsource the towing, storage and, if neces- sary, disposal of impounded vehicles was undertaken in Cork city. Following the completion of the pilot in Cork city and its successful evaluation, it is proposed to extend this type of arrangement to Limerick and Galway following completion of a public tendering process. The tables hereunder provide a breakdown of vehicles impounded by Garda Division from 2002 to date in 2008. The figures for 2000 are not available and a different counting system was used for 2001 and accordingly it is not possible to provide comparable figures for that year.
665 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] Vehicles impounded per Division — 2002
Division Irish Registered Non-Irish Registered
Mayo 30 2 Clare 118 7 Kerry 95 6 Donegal 42 9 Limerick 1,039 79 Cork City 237 15 Cork West 26 2 Tipperary 93 5 Cork North 97 4 Galway West 183 23 Louth/Meath 116 29 Laois/Offaly 100 5 Sligo/Leitrim 65 11 Carlow/Kildare 223 17 Cavan/Monaghan 136 31 DMR East 363 45 DMR West 2,093 160 DMR North 1,207 106 DMR South 766 71 Wexford/Wicklow 176 25 Longford/Westmeath 165 23 Waterford/Kilkenny 206 17 DMR North Central 3,333 337 DMR South Central 956 79 Roscommon/Galway 83 17
Total 11,948 1,125
Residency Permits. 190. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the length of time it is taking to process applications for family reunification; and if he will make a statement on the matter. [18983/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that family reunification applications are currently taking approximately 24 months to process.
Citizenship Applications. 191. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if he will make arrangements whereby the spouse of an Irish national who applies for citizenship will be recognised as having fulfilled the period of residence requirement in respect of time while their Irish spouse was posted in an international public service organisation such as the UN, EU and so on. [18985/08] 666 Questions— 15 May 2008. Written Answers
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Section 9 of the Irish Nationality and Citizenship Act 2004 Act allows applications for naturalisation to be made by persons who are married to Irish citizens who are serving in the public service outside of Ireland. For the purpose of this Act, public service is defined as “employment in the service of the Government, whether or not in the civil service, or in the service of any public corporation or authority maintained wholly or partly out of public funds or in respect of which a Minister of State is responsible.” This provision is chiefly intended to cover persons working abroad in the service of the State as a direct employee, for example embassy staff, or in a State body. While any case would need to be looked at with regard to its circumstances, this provision would not appear to cover the cases referred to by the Deputy. Expanding the categories of eligible service would require amending legislation and there are no immediate plans to introduce such a measure. However, it is intended to review current citizenship legislation generally and I will consider the issue raised by the Deputy as part of the process.
Ministerial Appointments. 192. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18997/08]
199. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the persons appointed as peace commissioners between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19077/08]
200. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the persons appointed as peace commissioners between 2 April 2008 and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19078/08]
201. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19090/08]
202. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the appointments made by him between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19104/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 192 and 199 to 202, inclusive, together. The information requested by the Deputies is being compiled at present and will be for- warded as soon as it is available.
Prisoner Transfers. 193. Deputy Jack Wall asked the Minister for Justice, Equality and Law Reform if the request of persons (details supplied) in County Kildare will be considered in relation to the educational needs of their son; and if he will make a statement on the matter. [19034/08]
667 Questions— 15 May 2008. Written Answers
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Director General of the Irish Prison Service that the person referred to by the Deputy is serving a two and a half year sentence in the Midlands Prison for burglary. While it is not my intention to authorise a transfer to an open centre for the prisoner at this time, the Midlands Prison has an extensive modern educational facility which is open to all prisoners. Any prisoner interested in exploring the various options available should make their interest known to a member of staff. Shelton Abbey has a far smaller education facility, albeit with an excellent teaching staff.
European Council Meetings. 194. Deputy Leo Varadkar asked the Minister for Justice, Equality and Law Reform the number of Council of Ministers meetings attended by Ministers at his Department for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19048/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The vast majority of European Union proposals which fall within the remit of my Department are dealt with by the Justice and Home Affairs Council. Details of attendance by Ministers at meetings of that Council for the years 2006 to 2008 are as follows:
Year Number of Councils Attended
2006 3 2007 2 2008 2
Ministers dealt with a very large number of items at the relevant Justice and Home Affairs Councils. I believe that, having regard to the resources available to my Department, it would require an inordinate amount of time to determine the precise number of such items and to, in turn, examine each one. With regard to voting, the position is that many of the dossiers handled by the Justice and Home Affairs Council are determined on the basis of unanimity. Where other voting arrange- ments operate, Ireland’s consistent national approach at EU level is to articulate our concerns, seek support from partners and the EU institutions for them and advance our national interests through the process of negotiation. This approach has proved to be very successful.
Residency Permits. 195. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to expedite an application for permission to remain in the State based on family dependency by persons (details supplied) in County Westmeath; if his attention has been drawn to the fact that the information recently requested by his Department on 2 May 2008 has been submitted by registered post on the 8 January 2008; and if he will make a statement on the matter. [19054/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The registered postal items referred to by the Deputy were received in my Department on 9th January, 2008. However, as the documentation submitted was not sufficient an additional request was issued on 2nd May, 2008. 668 Questions— 15 May 2008. Written Answers
The first person concerned is required to submit proof of residency in the State from 2003 until August 2007 and two passport size photographs. The second person concerned is required to submit proof of residency in the State from 2003 to September 2006 and also from June 2007 to the present day. On receipt of the requested documentation the applications will be considered further.
Garda Stations. 196. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the steps he will take to provide a much needed new Garda station to accommodate Garda person- nel together with all the attendant facilities in Athlone, County Westmeath; if his attention has been drawn to the fact that there is an urgency regarding the provision of this necessary accommodation; and if he will make a statement on the matter. [19055/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The detailed allo- cation of Garda resources, including accommodation, is a matter for the Garda Commissioner to decide in accordance with his identified operational requirements. The Garda accom- modation programme is based on agreed priorities established by An Garda Sı´ocha´na and it is brought forward in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation. The provision of a new station in Athlone is a priority project in the Garda building prog- ramme. I am informed that the OPW is in the process of examining the options, including the existing site, for a new District Headquarters station in Athlone.
Visa Applications. 197. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the reason persons (details supplied) have not been granted a three month visa to travel to Ireland to be with their family; and if he will make a statement on the matter. [19056/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The applications referred to by the Deputy were lodged in the Visa Office, Beijing on 11 April, 2008. They were refused on 2 May, 2008 as the Visa Officer was not satisfied with the financial evidence shown and the applicant’s obligations to return home were deemed insufficient. It was also noted that one of the applicants has a previous visa refusal. He was refused a Join Spouse Visa as his wife in Ireland was unable to provide evidence that she was in a position to support her husband and son without recourse to public funds. It is open to the applicants to appeal against the refusal of the visas. Full details of how to lodge an appeal through the Visa Office in Beijing can be found on www.embassyofireland.cn
Garda Deployment. 198. Deputy Fergus O’Dowd asked the Minister for Justice, Equality and Law Reform the proposed changes in policing due to commence in County Louth and east Meath in 2008; and if he will make a statement on the matter. [19068/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In accordance with the provisions of the Garda Sı´ocha´na Acts 2005 to 2007 proposals, inter alia, to alter the boundaries of a divisional geographical area are a matter in the first instance for the Garda Commissioner in the context of the Annual Policing Plan. The 2008 Policing Plan contains the Commissioner’s proposals to realign Garda boundaries in a number of areas around the country to make them coterminous with local authority boundaries. This includes the separation of the
669 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] existing Louth/Meath Division into two new Garda Divisions of Louth and Meath with Drogheda and Navan as the respective Divisional Headquarters. I am advised by the Garda authorities that a detailed programme of work is currently being developed to implement these planned changes and includes plans for the distribution of per- sonnel resources to the new Divisions. The planned changes will bring about greater efficiencies and effectiveness in facilitating the establishment and functioning of Joint Policing Committees. It is the responsibility of the Garda Commissioner to allocate personnel throughout the Force taking everything into account and the needs of the Louth and Meath Divisions will be fully considered by him within the overall context of the needs of all Garda Divisions throughout the country. Questions Nos. 199 to 202, inclusive, answered with Question No. 192.
Departmental Contracts. 203. Deputy Jim O’Keeffe asked the Minister for Justice, Equality and Law Reform the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if he will make a statement on the matter. [19174/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that my Department’s legal representation/advice is in the normal course of events arranged and paid for through the Offices of the Chief State Solicitor and Attorney General, or provided directly by the staff of those Offices. In a small number of instances lawyers are engaged directly to carry out tasks not within the ordinary ambit of legal representation. Since January, 2007 the following engagements have been made under this heading:
Name of Solicitor/Barrister Purpose of engagement Fees paid in total/ to date \
Mr Patrick Gageby, SC To conduct an independent review of the Garda 60,500 Sı´ocha´na papers and any other available relevant material relating to the Garda Sı´ocha´na handling of the discovery of a female infant near George’s Street Upper, Dun Laoghaire, on 4 April, 1973. Mr John Gallagher, SC To carry out an independent examination of the case 211,750 made by the Stardust Victims Committee for a new inquiry Ms Mairead Coghlan, BL To assist Mr Gallagher, SC in the above examination 75,625 Ms Margaret O’ Driscoll, BL To draft the smuggling of persons provisions of the 7,108.75 Immigration, Residence and Protection Bill 2008.
Asylum Applications. 204. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 585 of 12 February 2008, the country of origin of each person granted subsidiary protection either prior to or since that date; and if he will make a statement on the basis of the decision to grant the application in each case. [19185/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I would refer the Deputy to the Reply I gave to his Da´il Question No. 491 of Tuesday 13 May 2008. The infor- mation requested remains as set out in that Reply. 670 Questions— 15 May 2008. Written Answers
Drug Seizures. 205. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform if he will provide details of the drug seizures recorded in 2000 and in 2007 in Dublin and nationwide distinguishing the volume of each drug and its estimated street value. [19186/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda Authorities that in the timeframe available it has not been possible for them to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.
Garda Deployment. 206. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the number of gardaı´ assigned to Dublin Garda districts and to Garda districts in the rest of the country; the number of Gardaı´ who are in centralised operations not directly attached to Garda districts at the end of 2000 and at the end of 2007. [19187/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The personnel strength of each Garda District as of 31 March 2008, the latest date for which figures are readily available, is as set out in the following table:
District 31 December 2000 31 March 2008
Dublin Metropolitan Region Pearse Street 305 351 Kevin Street 213 224 Donnybrook 179 191 Crumlin 140 188 Rathfarnham / Tallaght* 222 260 Rathmines 146 176 Santry 240 262 Coolock 185 241 Raheny 156 183 Balbriggan 55 76 Blanchardstown 277 357 Lucan 153 200 Ballyfermot / Clondalkin* 159 214 Store Street 233 294 Fitzgibbon Street 188 221 Bridewell 167 177 Dun Laoghaire 215 208 Bray 164 212 Blackrock 170 195
Districts outside the Dublin Metropolitan Region Drogheda 107 120 Ashbourne 71 88 Dundalk 147 148 Kells 46 58 Trim 48 51 Navan 64 76
671 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] District 31 December 2000 31 March 2008
Mullingar 90 124 Athlone 61 84 Longford 50 72 Granard 40 43 Portlaoise 124 131 Abbeyleix 36 45 Birr 47 47 Tullamore 67 92 Naas 110 150 Kildare 65 84 Carlow 74 106 Baltinglass 54 68 Wexford 81 104 Gorey 69 92 Enniscorthy 41 50 New Ross 42 52 Wicklow 55 71 Waterford 138 175 Dungarvan 48 60 Tramore 37 47 Kilkenny 75 103 Thomastown 34 44 Thurles 73 83 Clonmel 66 74 Cahir 40 58 Nenagh 43 46 Templemore 51 59 Tipperary Town 40 40 Anglesea Street 285 336 Togher 124 127 Mayfield 107 104 Gurranabrahar 82 91 Cobh 54 60 Fermoy 74 88 Mallow 51 66 Midleton 65 79 Bandon 77 109 Bantry 43 48 Clonakilty 42 50 Macroom 37 48 Kanturk 38 46 Tralee 99 131 Caherciveen 41 46 Killarney 63 91 Listowel 48 59 Henry Street 213 338 Roxboro Road 96 136
672 Questions— 15 May 2008. Written Answers
District 31 December 2000 31 March 2008
Askeaton 40 40 Bruff 40 41 Newcastle West 46 46 Ennis 133 205 Kilrush 34 38 Killaloe 36 46 Ennistymon 32 33 Galway 179 243 Clifden 23 31 Loughrea 37 49 Salthill 65 67 Gort 30 37 Roscommon 65 82 Ballinasloe 55 57 Boyle 37 39 Castlerea 40 45 Tuam 56 65 Castlebar 67 87 Ballina 45 62 Belmullet 24 29 Claremorris 43 47 Swinford 44 51 Westport 35 40 Sligo 129 161 Ballymote 31 35 Carrick-On-Shannon 40 57 Manorhamilton 65 50 Letterkenny 166 188 Buncrana 79 90 Milford 42 52 Glenties 45 55 Ballyshannon 102 94 Monaghan 157 132 Carrickmacross 72 86 Cavan 57 84 Ballieboro 46 69 Ballyconnell 50 38
Total 9,727 11,699 *Clondalkin and Tallaght were not district headquarters until after 2000 and therefore the figures shown for 2000 are for the then District headquarters of Ballyfermot and Rathfarnham respectively.
I have requested the information on Centralised Units at National, Regional and Divisional level from the Commissioner, and as soon as this information is to hand I will forward it to the Deputy directly.
Citizenship Applications. 207. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform 673 Questions— 15 May 2008. Written Answers
[Deputy Bernard J. Durkan.] the position in regard to naturalisation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19204/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in April 2008. I have been advised by officials in that Section that there was an error on the original application form and it was returned to the person in question on 18 April 2008 so that it could be amended. An amended application form has not been received by my Department to date.
Residency Permits. 208. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [19205/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned applied on 1 April, 2005 for permission to remain in the State under the revised arrange- ments for non-EEA parents of children born in Ireland prior to 1 January, 2005, commonly referred to as the IBC/05 Scheme. This application was refused, as the person in question did not meet the criteria of the scheme. On 8 May, 2008 the person concerned was invited to submit updated representations to my Department under Section 3 of the Immigration Act, 1999. Any representations received will be considered in due course.
209. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a Garda National Immigration Bureau renewal card will issue to a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19206/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): On 28/12/2005 the person concerned was granted permission to remain in the State for a period of two years based on humanitarian grounds. This permission to remain has been renewed for a further three years until 28/12/2010.
Deportation Orders. 210. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status, current or expected in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [19207/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named person concerned arrived in the State on 1 October 2002 and applied for asylum. His appli- cation was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 September 2003, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making represen- tations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
674 Questions— 15 May 2008. Written Answers
The second named person and her child arrived in the State on 5 October 2004 and applied for asylum. The application was refused following consideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the (second named) person concerned was informed, by letter dated 30 November 2007, that the Minister proposed to make deportation orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of con- senting to the making of a deportation order or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. In addition, she was notified of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). The (second named) person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regulations and this application is under consideration at present. When consideration of this application has been completed, the (second named) person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the (second named) person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case file of the (second named) person concerned is passed to me for decision.
211. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [19208/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The applicant applied for asylum on 30 March, 2000. Her application was refused and a Deportation Order was made in respect of her on 28 October, 2003. The applicant instituted Judicial Review proceedings on 1 March, 2004 challenging the Deportation Order made in respect of her and accordingly, as the matter is sub judice, I do not propose to comment further.
Residency Permits. 212. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the case of an application for family reunification in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [19209/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that the person in question is the subject of a Family Reunification/Permission to Remain application made by his brother in 2003. The Family Reunification/Permission to Remain application was refused in August 2004 and the brother of the person in question was notified of the decision.
Deportation Orders. 213. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Westmeath; and if he will make a statement on the matter. [19210/08]
675 Questions— 15 May 2008. Written Answers
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 189 of Thursday, 1 June 2006 and the written Reply to that Question. The first named person concerned, accompanied by her child, arrived in the State on 6 September 2004 and applied for asylum. Her asylum application was refused following con- sideration of the case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the first named person concerned was informed, by letter dated 13 May 2005, that the Minister proposed to make deportation orders in respect of her and her child. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she and her child should be allowed to remain temporarily in the State. Represen- tations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision. The second named person concerned also arrived in the State on 6 September 2004 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the second named person concerned was informed, by letter dated 25 May 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the second named person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
Residency Permits. 214. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if provision will be made whereby a person (details supplied) in County Kerry can be reunited with their family in order to enable them continue work; and if he will make a statement on the matter. [19211/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 196 of Thursday, 28 February 2008 and No. 243 of Thursday, 31 January 2008 and the written Replies to those Questions. The person concerned arrived in the State on 7 July 2003 and applied for asylum. His appli- cation was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 7 July 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were submitted by the person concerned.
676 Questions— 15 May 2008. Written Answers
The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When con- sideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been com- pleted, the case file of the person concerned is passed to me for decision.
Deportation Orders. 215. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in Dublin 15; and if he will make a statement on the matter. [19212/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 9 August 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 August 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
Citizenship Applications. 216. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for naturalisation in the case of a person (details supplied) in Dublin 22 who has previously been refused and has reapplied; if his attention has been drawn to the fact that the nature of their employment necessitates their travel out of this jurisdiction on a regular basis with negative impact on their application. [19213/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in September 2007. On examination of the appli- cation it was determined that the person concerned did not satisfy the residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing the applicant of this was issued on 2 April 2008. It is open to the individual in question to lodge a new application if and when she is in the position to meet the statutory residency requirement applicable at that time.
Residency Permits. 217. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform
677 Questions— 15 May 2008. Written Answers
[Deputy Bernard J. Durkan.] the current or expected residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [19214/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 26 October 2004 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 10 March 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations were submitted on behalf of the person concerned. Following consideration of his case under Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended), a deportation order was signed in respect of the person concerned on 21 July 2005. On 12 September 2005, an application for revocation of the deportation order, under Section 3 (11) of the Immigration Act 1999 (as amended), was submitted on behalf of the person concerned. Additionally, on 21 September 2005, Judicial Review Proceedings were initiated on behalf of the person concerned. The Judicial Review Proceedings were settled with one of the terms of this settlement being that the case file of the person concerned would be re-examined. Pending this re-examination of the case of the person concerned, the deportation order was revoked. The case file of the person concerned will again be considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
218. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Waterford; and if he will make a statement on the matter. [19215/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that the persons in question have initiated judicial review proceedings relating to their application for residence in the State. Accordingly, as the matter is sub-judice, it would not be appropriate for me to comment on the matter.
Deportation Orders. 219. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will grant extension of residency in the case of a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [19216/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 24 November 2002 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 27 February 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making represen-
678 Questions— 15 May 2008. Written Answers tations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
220. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [19217/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The first named person concerned arrived in the State on 7 October 1999 and applied for asylum. His appli- cation was refused following consideration of his case by Asylum Division and, on appeal, by the Asylum Appeals Authority. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 October 2000, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the first named person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision. The second named person concerned arrived in the State on 24 November 1999 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 22 July 2002, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
Travel Documentation. 221. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will arrange for the issue of temporary travel documentation in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19218/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person in question has submitted a travel document application to my Department. The application is currently under consideration and a decision will issue directly to the person concerned shortly.
Deportation Orders. 222. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19219/08]
679 Questions— 15 May 2008. Written Answers
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Questions No. 193 of Thursday 10 April 2008 and No.161 of Thursday 29 November 2007 and the written replies to those questions. The person concerned arrived in the State on 13 December 2001 and applied for asylum. The person concerned was requested to attend for interview at the Offices of the Refugee Applications Commissioner on two separate occasions but he failed to do so. Neither did he provide any reason for his non-attendance. As a result, the Refugee Applications Com- missioner made a recommendation to the Minister that the person concerned should not be declared to be a refugee. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 5 June 2002, that the Minister proposed to make a deportation order in respect of him and he was made aware of the options open to him at that point in time namely; to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations setting out the reasons as to why he should be allowed to remain temporarily in the State. No such representations were submitted by or on behalf of the person concerned at that time. Following consideration of the person’s case file under Section 3 of the Immigration Act 1999 (as amended), and Section 5 of the Refugee Act 1996 (as amended) on the prohibition on refoulement, a deportation order was signed in respect of the person concerned on 4 July 2003. The person concerned subsequently submitted a request to be re-admitted to the asylum process, in accordance with the provisions of Section 17 (7) of the Refugee Act, 1996 (as amended) and this request was granted. As a result, the deportation order in respect of the person concerned was revoked and the consideration of his asylum application commenced anew. The asylum application of the person concerned was refused following consideration of his case by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tri- bunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 7 July 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to deportation or of submitting, within 15 working days, written representations setting out the reasons as to why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 on the prohibition of refoulement, before the file is passed to me for decision.
Citizenship Applications. 223. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the application for naturalisation will be finalised for persons (details supplied) in County Kerry; and if he will make a statement on the matter. [19220/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship Section of my Department in April 2006. On examination of the application it was determined that the person concerned did not satisfy the residency requirements as set out in the Irish Nationality and Citizenship Act 1956, as amended. A letter informing the applicant of this was issued on 11 August 2006. It is open to the individual in question to lodge
680 Questions— 15 May 2008. Written Answers a new application if and when he is in a position to meet the statutory residency requirement applicable at that time.
Deportation Orders. 224. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [19221/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State and, on 8 February 2008, presented himself at the Offices of the Refugee Applications Commissioner for the purposes of lodging an asylum claim in this State. However, when it was established that the person concerned had been recognised as a refugee in another EU Member State, the Refugee Applications Commissioner made a decision in accordance with the provisions of Section 17 (4) of the Refugee Act, 1996 (as amended) i.e. that the person concerned was a person to whom a declaration of refugee status could not be given. This decision was conveyed to the person concerned by letter dated 12 June 2007. As a person recognised as a refugee in another EU Member State, the person concerned was permit- ted visa-free travel to the State for a period of 90 days, in accordance with the 1959 European Agreement on the Abolition of Visas for Refugees. Following the expiry of that 90 day period, the person concerned became illegal in the State. By letter dated 3 April 2008, the person concerned was notified that, in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), his permission to be in the State had expired and he was advised of the options open to him as a result which were to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations to the Minister setting out the reasons as to why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned. It was never intended that the 1951 Geneva Convention relating to the Status of Refugees would provide for a situation where a person recognised as a refugee in a State party to that Convention would be enabled to make a further asylum application in another State party to the same Convention. As such, the position in this State of the person concerned quite rightly falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). The case file of the person concerned will now be dealt with in accordance with these pro- visions. Following the examination of the case file, including a consideration of the represen- tations submitted by or on behalf of the person concerned, the file will be passed to me for decision.
225. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [19222/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 8 February 2007 and presented himself at the Offices of the Refugee Applications Commissioner for the purposes of lodging an asylum claim in this State. However, when it was established that the person concerned had been recognised as a refugee in another EU Member State, the Refugee Applications Commissioner made a decision in accordance with the provisions of Section 17 (4) of the Refugee Act, 1996 (as amended) i.e. that the person concerned was a person to whom a declaration of refugee status could not be given. This decision was conveyed to the person concerned by letter dated 12 June 2007. As a person recognised as a refugee in another EU Member State, the person concerned was permit-
681 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] ted visa-free travel to the State for a period of 90 days, in accordance with the 1959 European Agreement on the Abolition of Visas for Refugees. Following the expiry of that 90 day period, the person concerned became illegal in the State. By letter dated 3 April 2008, the person concerned was notified that, in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended), his permission to be in the State had expired and he was advised of the options open to him as a result which were to leave the State voluntarily, to consent to deportation or to submit, within 15 working days, written representations to the Minister setting out the reasons as to why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned. It was never intended that the 1951 Geneva Convention relating to the Status of Refugees would provide for a situation where a person recognised as a refugee in a State party to that Convention would be enabled to make a further asylum application in another State, party to the same Convention. As such, the position in this State of the person concerned quite rightly falls to be dealt with in accordance with the provisions of Section 3 of the Immigration Act, 1999 (as amended). The case file of the person concerned will now be dealt with in accordance with these pro- visions. Following the examination of the case file, including a consideration of the represen- tations submitted by or on behalf of the person concerned, the file will be passed to me for decision.
226. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency status in the case of persons (details supplied) in County Leitrim; and if he will make a statement on the matter. [19223/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The immigration case histories and up to date positions of the persons concerned, a husband and wife, are almost identical. As a result, for the purposes of this reply, I will deal with the two cases as one. The persons concerned arrived in the State on 21 March 2003 and applied for asylum. Their respective asylum applications were refused following the individual consideration of their cases by the Office of the Refugee Applications Commissioner. Both were notified of their respective entitlements to appeal these determinations to the Refugee Appeals Tribunal, however, neither did so. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), both of the persons concerned were informed, she by letter dated 7 October 2004 and he by letter dated 14 October 2004, that the Minister proposed to make deportation orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of deportation orders or of making represen- tations to the Minister setting out the reasons why they should be allowed to remain tempor- arily in the State. Representations have been submitted on behalf of both of the persons con- cerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoule- ment, before their respective files are passed to me for decision.
227. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [19224/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned, accompanied by her three children, arrived in the State on 7 August 2005 and applied
682 Questions— 15 May 2008. Written Answers for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 12 June 2006, that the Minister proposed to make a deportation order in respect of her and her children. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
228. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [19225/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 27 November 2006 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 6 November 2007, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was informed of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). An application for Subsidi- ary Protection in the State was submitted on behalf of the person concerned and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been com- pleted, the case file of the person concerned is passed to me for decision.
229. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if, in view of the fact that a person (details supplied) in County Galway has been here for more than seven years and has entered into commitments here, he will be granted extended resi- dency, having particular regard to the fact that the decision to refuse his application for asylum was taken in 2003; and if he will make a statement on the matter. [19226/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Deputy will be aware of the history of this case from previous Da´il replies. The person concerned is the subject of a deportation order following a comprehensive examination of his asylum claim and of his application to remain temporarily in the State. In addition, he has been evading his deportation since 31 October 2003 and should therefore present himself to the Garda auth- orities without any further delay. As a matter of policy, I do not intend to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation
683 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] for several years, by granting such persons residency in the State. Notwithstanding the forego- ing, if there has been a change in the circumstances of the person concerned, or new infor- mation has come to light which has a direct bearing on his case, there remains the option of applying to me for revocation of his Deportation Order pursuant to the provisions of Section 3 (11) of the Immigration Act, 1999, as amended. However I wish to make clear that such an application would require substantial grounds to be successful.
230. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19227/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 17 November, 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. The person concerned was informed by letter dated 25 October, 2001, that the Minister proposed to make a deportation order in respect of him and afforded him three options in accordance with Section 3 (3) (b) (ii) of the Immigration Act, 1999, as amended, namely to leave the State voluntarily, to consent to the making of a deportation order or to submit, within 15 working days, representations to the Minister, in writing, setting out the reasons why he should be allowed to remain temporarily in the State. His case was examined under Section 3 (6) of the Immigration Act, 1999 as amended, and Section 5 of the Refugee Act, 1996, as amended, on the Prohibition of Refoulement. On 11 December, 2003, one of my predecessors refused temporary leave to remain in the State and instead signed a deportation order in respect of him. Notice of this order was served by regis- tered post requiring him to present himself to the Member in Charge, Carlow Garda Station, Carlow, on 22 January 2004, in order to make travel arrangements for his deportation from the State. The person concerned failed to present himself as required and was classified as evading his deportation. He should therefore present himself to the Garda National Immi- gration Bureau (GNIB) without further delay. The effect of the deportation order is that the person concerned must leave the State and remain thereafter outside the State. The enforcement of the deportation order remains an operational matter for the GNIB.
231. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [19228/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 6 December 2002 and applied for asylum. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 30 November 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned.
684 Questions— 15 May 2008. Written Answers
All representations submitted by or on behalf of the person concerned will be fully con- sidered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
232. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will issue a temporary residency card to a person (details supplied) in Dublin 3 while awaiting closure of his case; and if he will make a statement on the matter. [19229/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Questions No. 185 of Thursday 1 May 2008 and No. 247 of Thursday 3 April 2008 and the written replies to those questions. The person concerned arrived in the State on 7 June 2002 and made an application for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 10 September 2003, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned. The case file of the person concerned, including all representations submitted, will be care- fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement, in advance of the file being passed to me for decision. Given that the person concerned has no legal basis for being in the State, it is not possible to provide him with any form of a temporary residence card.
Travel Documentation. 233. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will issue temporary travel documentation or an alternative in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [19230/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person in question has submitted a travel document application to my Department. The application is currently under consideration and a decision will issue directly to the person concerned shortly.
Deportation Orders. 234. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19231/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 22 December 2004 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 31 January 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation
685 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
235. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or intended residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19232/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern) The person con- cerned arrived in the State on 27 November 2006 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.
Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 6 November 2007, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State. In addition, she was informed of her entitlement to apply for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006). An application for Subsidi- ary Protection in the State was submitted on behalf of the person concerned and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome.
In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been com- pleted, the case file of the person concerned is passed to me for decision.
Citizenship Applications. 236. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to the application for naturalisation in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [19233/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for a certificate of naturalisation from the person referred to in the Deputy’s Question was received in the Citizenship section of my Department in January 2007. Officials in that section inform me that processing of the application has commenced and the file will be forwarded to me for a decision in the coming months. I will inform the Deputy and the person in question when I have reached a decision on the matter.
Deportation Orders. 237. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or intended residency status in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19234/08]
686 Questions— 15 May 2008. Written Answers
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 3 August 2001 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 18 May 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned. The person concerned has also submitted an application for Subsidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations, 2006 (S.I. No. 518 of 2006) and this application is under consideration at present. When con- sideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the Subsidiary Protection application is refused, the case file of the person concerned, including all representations submitted, will then be considered under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement. When this latter consideration has been com- pleted, the case file of the person concerned is passed to me for decision.
Asylum Support Services. 238. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will examine the case of a person (details supplied) in Dublin 8 with a view to ensuring that adequate provision is being made to meet their special requirements arising from their health status; and if he will make a statement on the matter. [19235/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 211 of Thursday 6 March 2008 and the written Reply to that Question. The person concerned arrived in the State on 20 August 2003 and applied for asylum. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 14 January 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned. The Deputy may be assured that all representations submitted by or on behalf of the person concerned will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) before the file is passed to me for decision. In relation to the Deputy’s enquiry regarding provision being made to meet the special requirements of the person concerned, I would like to advise the Deputy that the person concerned has been residing in a Self-Catering Accommodation Centre since 29 November 2007 and has been facilitated with a single room at that Centre. The Deputy might also wish
687 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] to note that persons in self-catering accommodation receive a higher rate of Supplementary Welfare Allowance and, as such, the person concerned is in a position to provide for his own dietary requirements. The Deputy should also note that the accommodation provided for the person concerned is rent free and free of utility costs. As a result, I am satisfied that every effort has been made to meet any special requirements the person concerned may have.
Deportation Orders. 239. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [19236/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 14 April 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned lodged an appeal against the determination of the Refugee Applications Commissioner with the Refugee Appeals Tribunal. However, as the person concerned failed to attend his Oral Hearing before the Tribunal, his asylum appeal was deemed to be withdrawn. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 20 January 2004, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
Residency Permits. 240. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [19237/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am pleased to inform the Deputy that the person concerned was granted permission to remain in the State until 25 February, 2010. The person concerned was notified of this decision on 28 March, 2007. I have arranged for officials within my Department to re-issue the notification to the address provided by the Deputy.
Asylum Applications. 241. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will grant extended or temporary residency in the case of a person (details supplied) in County Clare; and if he will make a statement on the matter. [19238/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person referred to by the Deputy applied for asylum on 25 April, 2006. The claim was assessed by the Refugee Applications Commissioner who concluded that the person concerned did not meet the criteria for recognition as a refugee. The Commissioner’s recommendation was communicated to him by letter dated 10 July, 2006. This communication advised the person of his entitlement to appeal the Commissioner’s recommendation to the Refugee Appeals Tribunal, which he duly did. The Refugee Appeals Tribunal considered the person’s appeal, following which the Tri-
688 Questions— 15 May 2008. Written Answers bunal affirmed the Commissioner’s earlier recommendation to reject his claim. The outcome of the appeal was made known to the applicant by letter dated 15 April, 2008. In accordance with normal procedures, the applicant’s file was been forwarded to my Depart- ment’s Ministerial Decisions Unit for final processing of the asylum claim. A letter will issue to him shortly from my Department advising him formally that his asylum claim had been rejected and affording him three options as follows: 1. Return home voluntarily 2. Consent to the making of a deportation order, or 3. Make written representations to me within 15 working days for temporary leave to remain in the State and/or make an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 (SI No. 518 of 2006).
Residency Permits. 242. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when the application for family reunification is expected to be concluded in the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [19239/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that the person in question made a family reunifi- cation application on behalf of his wife and three children in November 2005. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. Further documentation was requested from the person in question in July 2007 and to date not all of the requested documentation has been received. The Immigration Division of my Department will shortly be in contact with the person in question again with a request to submit the remaining documentation. When all the required documentation is received the processing of the application will proceed further.
243. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to residency status regarding permission to remain in the State and family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [19240/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Immigration Division of my Department that the person in question made a family reunifi- cation application in April 2006. The application was forwarded to the Refugee Applications Commissioner for investigation as required under Section 18 of the Refugee Act 1996. This investigation is completed and the Commissioner has forwarded a report to my Department. This application will be considered by my Department and a decision will issue in due course.
Deportation Orders. 244. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will reconsider the decision to deport in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [19241/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 3 December 2003 and applied for asylum. His application was
689 Questions— 15 May 2008. Written Answers
[Deputy Dermot Ahern.] refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 14 March 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Following consideration of his case, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, a deportation order was signed in respect of the person concerned on 3 July 2006. This Deportation Order was formally served on the person concerned by letter dated 11 August 2006. This communication also notified the person con- cerned of the requirement that he present himself at the Offices of the Garda National Immi- gration Bureau on 29 August 2006 to make arrangements for his removal from the State. Subsequently, on 14 August 2006, the legal representative of the person concerned requested that the deportation order made in respect of the person concerned be revoked, in accordance with the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following consideration of this request, the deportation order was affirmed on 17 October 2006. The person concerned was notified of this decision by letter dated 14 November 2006 and was also notified of the requirement that he present himself at the Offices of the Garda National Immigration Bureau on 23 November 2006 in order to make arrangements for his removal from the State. The person concerned subsequently submitted an application for Subsidiary Protection in the State in accordance with Regulation 4 (2) of the European Communities (Eligibility for Protection) Regulations, 2006 — Statutory Instrument No. 518 of 2006 — and this application is under consideration at present. When consideration of this application has been completed, the person concerned will be notified in writing of the outcome. Pending the determination of the Subsidiary Protection application, the Deportation Order will not be enforced.
245. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or intended residency status in the case of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [19242/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person con- cerned arrived in the State on 23 August 2005 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Com- missioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 28 February 2006, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making represen- tations to the Minister setting out the reasons why he should be allowed to remain temporarily in the State. Representations have been submitted on behalf of the person concerned and will be fully considered, under Section 3 (6) of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act, 1996 (as amended) on the prohibition of refoulement, before the file is passed to me for decision.
Road Traffic Offences. 246. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if consideration has been given to highlighting road speed cameras or traffic control vans as is
690 Questions— 15 May 2008. Written Answers the case in other jurisdictions arising from which it appears to achieve a greater compliance with speed limits; and if he will make a statement on the matter. [19243/08]
Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that both overt and covert enforcement of the speed limits in force are perceived as resulting in positive outcomes. Overt enforcement includes increasing the visibility of cameras and vehicles used. The Garda authorities are aware of practice in other jurisdictions. Which approach is used in particular circumstances is a matter for decision at the operational level by An Garda Sı´ocha´na in line with policing policy. The Garda authorities use both overt and covert approaches as they consider appropriate.
Local Authority Housing. 247. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government if he will provide a breakdown of the amount of funding allocated for housing starts, acquisition and maintenance to all of the town councils in the Cork east constituency for 2008 including Mallow, Fermoy, Youghal, Cobh and Midleton; and if he will make a state- ment on the matter. [18972/08]
Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Funding for the Social Housing Investment Programme (SHIP) is allocated on the basis of local authority areas. The recently announced capital allocations for 2008 are provided for the supply of local authority housing and for a range of improvement works. The allocations for Cork County Council, and Mallow, Fermoy, Youghal, Cobh and Midleton Town Councils are detailed in the table below. This information is also available on my Department’s website, www.environ.ie
Local Authority Supply Remedial Works Regeneration Central Heating Total schemes
(\)(\)(\)(\)(\)
Cork County 52,000,000 700,000 — 4,000,000 56,700,000 Mallow 3,250,000 — — 55,000 3,305,000 Fermoy 1,250,000 700,000 — 35,000 1,985,000 Youghal 1,750,000 140,000 — 150,000 2,040,000 Cobh 1,250,000 — — 60,000 1,310,000 Midleton 1,000,000 — — 300,000 1,300,000
In addition to these allocations local authorities can also use their own Internal Capital Resources for improvement works, subject to the approval of the relevant programmes by my Department.
Ministerial Appointments. 248. Deputy Fergus O’Dowd asked the Minister for the Environment, Heritage and Local Government the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18993/08]
252. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19086/08] 691 Questions— 15 May 2008. Written Answers
253. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the appointments made by him between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19100/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 248, 252 and 253 together. A number of different statutory processes are involved in appointments to State boards and bodies under the aegis of my Department. In some cases statutory selection procedures must be followed or nominations must be sought from independent nominating panels before appointments are made by the Government or by the Minister for the Environment, Heritage and Local Government. In other cases only particular public office holders may be appointed to certain boards and bodies. In a number of situations, only some appointments to the body or board concerned are made by the Minister. The information requested in respect of state bodies and boards under the aegis of my Department is set out in the following tables:
Name of State Body/Board Number of Appointments Names of Persons made since 02/04/08 Appointed
An Chomhairle Leabharlanna 13 Mr Mark Dearey Mr Pat McMahon Ms Cora Long Mr Des Hurley Mr Michael Abbey Mr Jim Darcy Ms Deirdre Ellis-King Ms Ruth Flanagan Ms Collette O’Flaherty Mr Robin Adams Mr Jim Foran Mr Paul Sheehan Ms Geraldine Moloney
Housing Finance Agency 1 Mr Philip Nugent
Local Government Management Services Board 1 Ms Martha Doyle
Local Government Computer Services Board 2 Mr Paul McDonald Mr Laurence Kelly
Name of State Body/Board Number of Names of Persons Appointed Location of Contact Address Appointments made between 02/04/08 and 07/05/08
An Chomhairle Leabharlanna 13 Mr Mark Dearey Louth Mr Pat McMahon Clare Ms Cora Long Kilkenny Mr Des Hurley Carlow Mr Michael Abbey Carlow
692 Questions— 15 May 2008. Written Answers
Name of State Body/Board Number of Names of Persons Appointed Location of Contact Address Appointments made between 02/04/08 and 07/05/08
Mr Jim Darcy Waterford Ms Deirdre Ellis-King Dublin Ms Ruth Flanagan Cork Ms Collette O’Flaherty Dublin Mr Robin Adams Dublin Mr Jim Foran Sligo Mr Paul Sheehan Dublin Ms Geraldine Moloney Limerick
Housing Finance Agency 1 Mr Philip Nugent Dublin
Local Government 1 Ms Martha Doyle Dublin Management Services Board
Name of State Body/Board Number of Names of Persons Location of Contact Appointments made Appointed Address between 26/02/08 and 01/04/08
Limerick Northside Regeneration Agency 1 Mr Eddie Lewis Dublin
Limerick Southside Regeneration Agency 1 Mr Eddie Lewis Dublin
Private Residential Tenancies Board 1 Mr Cian O´ Liona´in Dublin
Light Pollution. 249. Deputy Ciara´n Cuffe asked the Minister for the Environment, Heritage and Local Government his plans to address the issue of light pollution, specifically requirements that planning applications should be accompanied by lighting plans, the concerns of property owners whose dwellings are unreasonably polluted by artificial light and the issue of street light pol- lution; and his views on the use of full cut off lights where necessary; and if he will make a statement on the matter. [19010/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There is no environmental legislation pending or in force, at either EU or national level, on light pollution. However, steps have been taken at a national level to help alleviate the effects of light pollution. Irish regulations on environmental impact assessment (of projects which are likely to have significant effects on the environment) require an environmental impact statement to include an estimate of expected residues and emissions from the operation of the proposed develop- ment. This requirement expressly covers impacts from artificial lighting. While a very limited number of planning authorities have included objectives in their development plans in relation to the minimisation of light pollution, it is open to authorities to address this issue in the context of providing for the proper planning and sustainable develop- ment of their areas through their development plans. 693 Questions— 15 May 2008. Written Answers
[Deputy John Gormley.]
There are currently no provisions in planning legislation that require planning applications to be accompanied by lighting plans. Under Section 34 of the Planning and Development Act 2000 planning authorities may attach such conditions to the grant of planning permission as they consider necessary for the proper planning and sustainable development of the area. The guidance document Recommendations for Site Development Works for Housing Areas, dated November 1998, is currently being reviewed by my Department to bring it in line with the sustainability agenda. The 1998 recommendations include a section on public lighting in housing areas and in the current review the opportunity will be taken to assess recom- mendations to avoid light pollution. When finalised, the revised recommendations will be made available to planning authorities. I will keep under review the need for any additional measures to address the issues raised in the question.
European Council Meetings. 250. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government the number of Council of Ministers meetings attended by Ministers at his Depart- ment for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19044/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The EU operates in a manner which encourages and facilitates the search for agreement between the Member States. While the Treaties provide that the principal method of reaching Council decisions is by Qualified Majority Voting (QMV), recourse to voting is very rare because agreement is normally achieved through negotiation. The table below gives the dates for meetings of EU Environment Councils attended by Ministers in this Department in the past three years, the number of decisions taken and the number of decisions taken by vote. Ireland did not vote against any decision which was adopted.
Date of Environment Council Number of decisions made Number of decisions decided upon attended by Ministers in DEHLG* by vote
3 March 2008 9 0 20 December 2007 27 0 30 October 2007 15 0 28 June 2007 25 3 20 February 2007 1 1 18 December 2006 21 2 23 October 2006 15 1 27 June 2006 29 0 9 March 2006 6 0 2 December 2005 10 0 17 October 2005 10 0 24 June 2005 11 2 10 March 2005 3 0 *Department of the Environment, Heritage and Local Government.
694 Questions— 15 May 2008. Written Answers
I should add that at the Environment Council meeting of 28 June 2007, Ireland and the Czech Republic included a statement in relation to the proposal for a Directive of the European Parliament and of the Council on Waste although neither country voted against the adopted decision and political agreement was reached on the proposal.
Water and Sewerage Schemes. 251. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the position regarding the new public water supply scheme for the Ring Gaeltacht, County Waterford; and if he will make a statement on the matter. [19063/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 1329 of 30 January, 2008. The position is unchanged.
Questions Nos. 252 and 253 answered with Question No. 248.
Planning Issues. 254. Deputy Leo Varadkar asked the Minister for the Environment, Heritage and Local Government his Department’s views on the recommendations directed to his Department in the area of planning in the 2005 Consumer Strategy Group report; the measures undertaken to date in implementating those recommendations; the future actions which will be undertaken in this area; and if he will make a statement on the matter. [19144/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The recommendations which related to planning in the 2005 Consumer Strategy Group Report focused on the requirement to ensure that the needs of consumers are taken into account within both forward planning and development management stages, the promotion of compe- tition through retail planning guidance and ensuring that planning is not used as a barrier to entry in respect of pub and other forms of licensed business. In accordance with the provisions of the Planning and Development Act 2000, every planning authority is required to prepare a development plan which sets out an overall strategy for the proper planning and sustainable development of the plan area. Guidelines for Planning Auth- orities on Development Plans were published by my Department in June 2007. The guidelines recommend, inter alia, that planning authorities produce an Issues Paper in advance of prepar- ing a draft development plan to assist the public in engaging in the consultation process on different policy approaches, including the development of town centres and district and local shopping centres. The guidelines also recommend that retail planning strategies, prepared as part of a development plan, should take into account the needs of consumers in terms of facilitating a competitive retail environment. The 2005 Guidelines for Planning Authorities on Retail Planning state that it is not the purpose of the planning system to inhibit competition, preserve existing commercial interests or prevent innovation and, when interpreting the guidelines, planning authorities should avoid taking actions which would adversely affect competition in the retail market. On 10 February 2008, I published for public consultation Draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas. The consultation period closed on 6 May and I expect to finalise the guidelines later this year. The draft guidelines state, inter alia, that new developments should be delivered in tandem with essential infrastruc- ture, with access to public transport and to community facilities such as shops. The draft guide- lines, as well as those relating to development plans and retail planning, are available on my Department’s website at www.environ.ie.
695 Questions— 15 May 2008. Written Answers
Departmental Contracts. 255. Deputy Jim O’Keeffe asked the Minister for the Environment, Heritage and Local Government the firms of solicitors or individual barristers which he has engaged on a contrac- tual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if he will make a statement on the matter. [19170/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The information requested in relation to firms of solicitors or barristers engaged by my Depart- ment in the past 18 months is set out in the following table:
Name of Solicitors / Barristers Purpose of Engagement Fees / Estimated Fees
William Fry Solicitors. To provide legal advice for Social The solicitors were engaged in Housing Section on the February 2008. No fees have been conveyancing aspects of the new paid to date. The estimated cost is Incremental Purchase Scheme. \50,000 excluding VAT William Fry Solicitors. Legal services in connection with The estimated cost is \50,000 proposals on tenant purchase of excluding VAT; no payments to apartments as part of drafting of date. Housing Miscellaneous (Provisions) Bill.
Waste Management. 256. Deputy Paul Kehoe asked the Minister for the Environment, Heritage and Local Government when the proposed increase in the landfill levy from \15.00 to \20.00 will be brought into effect as many waste management companies are currently preparing their billing for the second half of 2008 and need to be in a position to make the necessary adjustments in this regard; when the amending primary legislation to permit further increases will be intro- duced; and if he will make a statement on the matter. [19189/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have already announced my intention to increase the landfill levy from \15 per tonne to \20 per tonne. The statutory instruments necessary to give effect to the increased levy are currently being finalised. I intend to make these shortly which will allow the increased levy to take effect from the beginning of the third quarter of this year i.e. 1 July 2008.
Estate Management Companies. 257. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of estate management companies operating in various estates in County Kildare; the legal basis for their establishment; the number of housing units under their management; the average cost to individual householders; if all such estates have been taken in charge by the local authority; and if he will make a statement on the matter. [19201/08]
Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department does not hold information on the extent to which management companies are operating throughout Co. Kildare or on the number of estates currently taken in charge in Co. Kildare. Section 180 of the Planning and Development Act 2000 provides, in relation to any residen- tial estate containing roads, watermains, sewers, drains, etc, that where the estate is completed 696 Questions— 15 May 2008. Written Answers in accordance with the planning permission, the planning authority must initiate taking in charge procedures as soon as possible following a request to do so by the developer or by the majority of the owners or occupiers who are qualified electors. In relation to estates which have not been completed properly in accordance with the terms of the permission and in respect of which enforcement action has not been taken within 7 years of the expiration of the planning permission, section 180 provides that the planning authority must similarly initiate the taking in charge procedure at the request of the majority of the owners or occupiers who are qualified electors. In February 2008 my Department issued policy guidance to planning authorities on the taking in charge of estates. Circular Letter PD 1/08 set out a framework for a taking in charge policy by planning authorities, comprising a number of elements, including protocols and time frames for responding to requests for taking in charge. As part of the overall review and update of the local government service indicators, a new indicator in relation to the taking in charge of estates is being introduced from 2008 onwards. This will provide information, from 2009 onwards, of the number of requests for taking in charge of estates made to a planning authority in a year, the number actually taken in charge, etc. The establishment of management companies is governed by the Companies Acts which are a matter for the Minister for Enterprise, Trade and Employment.
Alternative Energy Projects. 258. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources his proposals to introduce a wood log gasifier scheme (details supplied); and if he will make a statement on the matter. [18981/08]
260. Deputy Phil Hogan asked the Minister for Communications, Energy and Natural Resources if he will introduce a grant for wood log gasifiers; and if he will make a statement on the matter. [19012/08]
262. Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources if he will give consideration to an application by the Irish Farmers Association seeking a grant aid scheme to be put in place for wood log gasifiers, which they have indicated could significantly alter the energy sector in rural Ireland; if such an application has been reviewed by his Department; and if he will make a statement on the matter. [19053/08]
263. Deputy Michael McGrath asked the Minister for Communications, Energy and Natural Resources his views on the introduction of a wood log gasifier grant scheme; and if he will make a statement on the matter. [19154/08]
270. Deputy Michael Creed asked the Minister for Communications, Energy and Natural Resources his views on introducing grant aid for the installation of wood log gasifiers under the greener home schemes; and if he will make a statement on the matter. [19146/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I pro- pose to take Questions Nos. 258, 260, 262, 263 and 270 together. The Greener Homes Scheme provides support to homeowners to invest in a range of domestic renewable energy heating technologies including solar panels, biomass boilers and
697 Questions— 15 May 2008. Written Answers
[Deputy Eamon Ryan.] stoves and heat pumps. There has been a strong interest in the scheme since it was launched in March 2006. On foot of the achievement of the original scheme targets three years ahead of schedule, Phase I of the Greener Homes Scheme was closed on 3 September 2007. Phase II of the scheme was opened on 1 October 2007 with assistance still provided under the above mentioned headings. The objective in Greener Homes Phase II is to consolidate the market, underpinning it with quality standards and training and providing for a long-term future that is not grant dependent. The aim is to ensure that the market for these products, services and fuels continues to develop strongly in a robust manner and that consumers continue to be guided towards the most efficient products. The scheme is helping to secure a range of objectives including more com- petitive offerings, revised product standards, improved training standards and stable growth across the renewable heating industry. The Greener Homes Scheme will continue to be kept under review in the light of the matur- ing technologies and market developments, including the consideration of additional technologies such as wood log gasifiers.
Housing Grants. 259. Deputy Paul Connaughton asked the Minister for Communications, Energy and Natural Resources if there are grants available to insulate houses to improve heat conservation; and if he will make a statement on the matter. [19005/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I launched a pilot Home Energy Saving Scheme on 24 April. The pilot scheme, for which funding of \5 million is provided in 2008, is designed to encourage owners of older homes to improve the energy efficiency of their homes, primarily through insulation measures. The ongoing results of the pilot scheme will inform the roll-out of the full scale national scheme envisaged in the Programme for Government which I expect to take place next year. Preliminary estimates from SEI show that a household participating in the pilot scheme could save up to \500 in energy bills every year as a result of the energy efficiency investments undertaken. The pilot scheme is expected to result in reduced CO2 emissions of 6,000 tonnes per year, while the full \100 million scheme envisaged in the Programme for Government could be expected to yield 2 savings of 175,000 tonnes per year. My Department’s Warmer Homes Scheme has been in operation for a number of years now and also provides support for insulation and other energy efficiency improvement measures. This scheme is managed by SEI and implemented by 18 community groups. The scheme specifi- cally targets low income homes. My colleague, John Gormley T.D., Minister for the Environment, Heritage and Local Government, introduced a new Housing Aid for Older People Scheme on 1 November 2007, which also provides supports for insulation works.
Question No. 260 answered with Question No. 258.
Inland Fisheries. 261. Deputy Ciara´n Lynch asked the Minister for Communications, Energy and Natural Resources the cost of obtaining inland fisheries licences for trout and salmon; the concessions,
698 Questions— 15 May 2008. Written Answers available to the elderly and the unwaged; the changes that are planned; and if he will make a statement on the matter. [19028/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under the Fisheries Acts, primary responsibility for the management, conservation, protection and development of the inland fisheries resource and in this case, the issue of salmon fishing licences, rests with the Central and Regional Fisheries Boards. Licence duties are increased on an annual basis and such increases are in line with the Consumer Price Index. Licence duties are set by me, with the consent of the Minister for Finance, at rates recommended by the National Fisheries Management Executive (Fisheries Boards’ Managers) and endorsed by the National Salmon Commission. The Salmon Rod Ordinary Licences (Alteration of Licence Duties) Order 2007 (S.I. 794 of 2007) gives details of the current licence fees for salmon and sea trout angling effective from 1 January 2008. The cost of an annual salmon licence is \134; a salmon rod (annual) district licence is \64; a salmon rod (twenty-one day) licence is \50 and a salmon rod (one-day) ordi- nary licence is \36. Further details are available on my Department’s website at www.dcenr.gov.ie. There are no plans to apply a reduced rate for anglers other than juveniles for whom a licence costs \20 per annum. Any such reduction would require amendments to the licensing regime provided for in the primary legislation. No licence is currently required for trout fishing.
Questions Nos. 262 and 263 answered with Question No. 258.
Ministerial Appointments. 264. Deputy Fergus O’Dowd asked the Minister for Communications, Energy and Natural Resources the appointments to bodies that were made by him since 2 April 2008; the persons who were the appointees; the bodies to which they were appointed; and if he will make a statement on the matter. [18988/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The information requested by the Deputy in relation to appointments to bodies made by me since 2 April 2008, the persons who were the appointees and the bodies to which they were appointed is set out in the following table.
The appointments to bodies that The persons who were the The bodies to which they were were made since 2 April 2008 appointees appointed
2 Ms Emer Daly Eirgrid Mr David Mackey 1 Mr Dermot Nolan Commission for Energy Regulation 2 Mr Peter Wyer Bord Na Mona Dr. Conor Skeham 1 Mr Oliver Whelan National Oil Reserves Agency
Energy Resources. 265. Deputy Ciara´n Cuffe asked the Minister for Communications, Energy and Natural Resources his plans to increase the provision of liquified petroleum gas in petrol stations here; and if he will make a statement on the matter. [19009/08] 699 Questions— 15 May 2008. Written Answers
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The Irish oil industry is fully privatised, liberalised and deregulated. There is free entry into the market. Availability of liquefied petroleum gas in petrol stations is a matter for the industry, and is determined by commercial considerations such as the level of demand, cost of the prod- uct, transportation costs and other operating costs. Neither I, nor my Department, nor, indeed, the Government, has any role in relation to increasing the provision of liquefied petroleum gas in petrol stations.
European Council Meetings. 266. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the number of Council of Ministers meetings attended by Ministers at his Depart- ment for each of the past three years in tabular form; the number of decisions made by the Council at those meetings; the number of occasions on which those decisions were decided upon by a vote; the number of occasions on which Ireland voted against a decision which was adopted; and if he will make a statement on the matter. [19039/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In the time available, it has not been possible to identify and assemble the information requested by the Deputy. My Department is in the process of identifying and assembling the information. I will revert to the Deputy as soon as possible.
Regional Fisheries Boards. 267. Deputy Willie Penrose asked the Minister for Communications, Energy and Natural Resources if he will involve other sectors or stakeholders, other than the chairpersons of the present fishery boards, in drawing up a somewhat different approach to restructuring of the boards other than that recommended in the root and branch report of Farrell, Grant, Sparks into the fisheries; and if he will make a statement on the matter. [19058/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Responding to a call of the Fisheries Boards’ Chairpersons late last year for a somewhat differ- ent approach to restructuring of the boards, I requested that they develop an agreed proposal for my consideration. I understand that the Chairpersons kept their Board members, who represent the spectrum of stakeholders, informed regarding this proposal. Last week I received a presentation on a more developed proposal from the Chairpersons. On foot of this, I am considering the most appropriate way of progressing in terms of streamlining the sector. I hope to be in a position to seek Government approval for this before the summer.
Ministerial Appointments. 268. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the appointments made by him between 2 April and 7 May 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19081/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The information requested by the Deputy in relation to appointments made by me between 2 April 2008 and 7 May 2008 inclusive and the place or town of residence of each appointee is set out in the following table.
700 Questions— 15 May 2008. Written Answers
The appointments made between 2 The place or town of residence of Board April and 7 May 2008 inclusive each appointee
Ms Emer Daly Dublin Eirgrid Mr David Mackey Cavan Mr Dermot Nolan Dublin Commission for Energy Regulation Mr Peter Wyer Galway Bord Na Mona Dr Conor Skehan Dublin Mr Oliver Whelan Dublin National Oil Reserves Agency
269. Deputy Leo Varadkar asked the Minister for Communications, Energy and Natural Resources the appointments made by him between 26 February 2008 and 1 April 2008 inclusive; the place or town of residence of each appointee; and if he will make a statement on the matter. [19095/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The information requested by the Deputy in relation to appointments made by me between 26 of February 2008 and 1 April 2008 inclusive and the place or town of residence of each appointee is set out in the following table.
Appointments made between 26 of Place or town of residence of each Board February 2008 and 1 of April 2008 appointee inclusive
John Fitzgerald Dublin An Post
Question No. 270 answered with Question No. 258.
Departmental Contracts. 271. Deputy Jim O’Keeffe asked the Minister for Communications, Energy and Natural Resources the firms of solicitors or individual barristers which he has engaged on a contractual basis in the past 18 months; the purpose of that engagement; the fees already paid or an estimate of the fees expected to be paid by the conclusion of the tasks they were engaged for; and if he will make a statement on the matter. [19165/08]
Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The information requested by the Deputy is provided in the table below.
Table: Solicitors or barristers engaged on a contractual basis in the Department of Communications, Energy and Natural Resources from January 2007
Name of Solicitors/Barrister Engagement Details Fees Paid Estimated Fees
\\
Mason Hayes Curran Preparation of response to EU 56,995 70,000 infringement proceedings Mason Hayes & Curran Employment Law Advice 14,319 4,000 Mason, Hayes & Curran Legal advice in relation to the 38,579.61 Broadcasting (Amendment) Act, 2007 Mason, Hayes & Curran Advice in the Digital Terrestrial 0 to date 29,279.51 Television trial
701 Questions— 15 May 2008. Written Answers
[Deputy Eamon Ryan.]
Name of Solicitors/Barrister Engagement Details Fees Paid Estimated Fees
\\ Noel J. Travers (Barrister) Drafting of Public Service Obligation 7,500 7,500 Order under Section 39 of the Electricity Regulation Act Arthur Cox Solicitors Advice on Biofuels Mineral Oil Tax 1,183 1,183 Relief Scheme II Arthur Cox Advice in relation to the appointment 127,999.70 paid to Fees were agreed of a Management Services Entity March 2008 and fixed at daily (MSE) for Phase 2 MANs Projects rate. As work ongoing overall fee cannot be estimated. Matheson Ormsby Prentice Advice on the Emergency Call 95,608.37 Answering Service procurement process Beauchamps Solicitors Advice for the Bord Ga´is E´ ireann 37,335 12,000 ESOP Margaret O’Driscoll Drafting of Broadcasting (amendment) 28,435 Bill, 2007 Margaret O’Driscoll Advice on Broadcasting Bill, 2008. 5,750 McCann Fitzgerald Legal Advice in relation to the National 0 to date Fixed price contract Broadband Scheme (NBS) \80,000 Schedule of fees agreed and fixed at daily rate for ongoing work.
702