Da´Il E´Ireann

Vol. 689 Wednesday, No. 1 16 September 2009

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 16 September 2009.

Business of Dail ……………………………… 1 Suspension of Member……………………………… 3 Order of Business ……………………………… 7 Leaders’ Questions ……………………………… 18 Messages from Seanad ……………………………… 23 National Asset Management Agency Bill 2009: Second Stage ……………… 23 Questions: Written Answers …………………………… 91 DA´ IL E´ IREANN

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

TUAIRISC OIFIGIU´ IL OFFICIAL REPORT

Imleabhar 689 Volume 689

De´ Ce´adaoin, 16 Mea´nFo´mhair 2009. Wednesday, 16 September 2009.

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Chuaigh an Ceann Comhairle i gceannas ar 2.30 p.m.

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Paidir. Prayer.

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Business of Da´il. An Ceann Comhairle: I call the Minister of State at the Department of the Taoiseach, Deputy Pat Carey, to move a motion relating to today’s sitting:

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): I move:

That, notwithstanding anything in Standing Orders, the following arrangements shall apply in relation to today’s sitting:

(1) Oral Questions shall not be taken today and matters——

Deputy Arthur Morgan: On a point of order——

An Ceann Comhairle: We cannot have a point of order at this stage.

Deputy Arthur Morgan: On a point of order, I ask the Ceann Comhairle to allow the Taoiseach an opportunity to apologise to the Irish people for the lies he has told them continuously since he was Minister for Finance regarding the property bubble and the banks——

An Ceann Comhairle: I cannot have that at the moment. 1 Business 16 September 2009. of Da´il

Deputy Arthur Morgan: We need to give the Taoiseach an opportunity to apologise both to the House and to the Irish people for telling lies to the people of this island and for the impact on them of his behaviour.

An Ceann Comhairle: The Deputy is out of order. He should allow the Minister of State to proceed. Let us not start like this. Allow the Minister of State, Deputy Carey——

Deputy Arthur Morgan: I ask the Ceann Comhairle, on the basis of reasonableness and fairness, to offer the Taoiseach an opportunity to apologise to this House before we get into legislation that will rob the Irish people——

An Ceann Comhairle: I do not want to ask the Deputy to leave the House.

Deputy Arthur Morgan: I want to hear the Taoiseach apologising for all those lies to the Irish people.

Deputy Pat Carey: I move:

That, notwithstanding anything in Standing Orders, the following arrangements shall apply in relation to today’s sitting:

(1) Oral Questions shall not be taken today and matters may not be raised under the provisions of SO 21(3) and 32 on that day; and

(2) The Order of Business shall be taken now and Leader’s Questions shall be taken at the conclusion of the Order of Business.

Deputy Arthur Morgan: I have to insist, on a point of order, that the Ceann Comhairle deal with this issue before the House now.

An Ceann Comhairle: Is the motion agreed to? Agreed. I call the Taoiseach on the Order of Business. I will call Deputy Morgan——

Deputy Arthur Morgan: The Taoiseach has an opportunity now that he is on his feet to facilitate that and deal with it.

An Ceann Comhairle: I will call Deputy Morgan in due course.

Deputy Arthur Morgan: I have evidence here that the Taoiseach, when he was Minister for Finance, misled the Irish people by telling them and not warning them about State policies.

An Ceann Comhairle: I will call the Deputy in due course.

Deputy Arthur Morgan: He was warned on many occasions

An Ceann Comhairle: I will call the Deputy in due course.

(Interruptions).

An Ceann Comhairle: I do not want to ask the Deputy to leave the House

Deputy Arthur Morgan: He lied to the Irish people. 2 Suspension 16 September 2009. of Member

An Ceann Comhairle: I do not want to begin the day by asking the Deputy to leave the House.

Deputy Arthur Morgan: His policies——

An Ceann Comhairle: The Chair is now on his feet. I ask the Deputy to resume his seat. He cannot stand when the Chair is on his feet. I ask him to resume his seat and I will call him in due course.

Deputy Arthur Morgan: I will resume my seat when I get a comment from the Taoiseach.

An Ceann Comhairle: Unfortunately if the Deputy is not prepared to resume his seat I must now ask him to leave the House.

Deputy Arthur Morgan: I have evidence here——

An Ceann Comhairle: The Deputy must now leave the House. He is obliged to leave the House.

Deputy Arthur Morgan: He has lied to the Irish people.

An Ceann Comhairle: The Deputy is obliged to leave the House.

Deputy Arthur Morgan: I will leave the House when I get an apology. We will deal here this afternoon with legislation that will rob every family in this State of at least \50,000 without their permission.

Suspension of Member. An Ceann Comhairle: I move: “That Deputy Morgan be suspended from the service of the Da´il”. Is this motion opposed?

Deputy Arthur Morgan: He has no permission from the people to do that.

Deputy Frank Feighan: The Deputy is telling lies.

Deputy Arthur Morgan: What he is doing here is legalising corruption and that is unacceptable.

An Ceann Comhairle: Is the motion opposed? No. The Deputy must now leave the House.

Deputy Arthur Morgan: That is not acceptable to me.

An Ceann Comhairle: The Deputy must leave the House.

Deputy Tom Sheahan: Call in the reinforcements.

An Ceann Comhairle: The Deputy must leave the House.

Deputy Arthur Morgan: I am asking the Ceann Comhairle to facilitate the Taoiseach in presenting that apology now.

An Ceann Comhairle: The Deputy has been asked to leave the House. He has been named, the motion was not opposed—— 3 Suspension 16 September 2009. of Member

Deputy Arthur Morgan: I am asking the Ceann Comhairle——

An Ceann Comhairle: ——and he must leave the House, failing which I will have to suspend the House.

Deputy Charles Flanagan: The Deputy is playing to the Gallery.

A Deputy: The distinguished Visitors Gallery.

Deputy Dermot Ahern: Not so distinguished.

An Ceann Comhairle: I will have to suspend the House if the Deputy is not prepared to leave. I will suspend the House if he does not leave.

Sitting suspended at 2.37 p.m. and resumed at 2.47 p.m.

An Ceann Comhairle: Deputy Morgan, you are still in the House. It is out of my hands now. The House has made a decision that you must remove yourself from the House and I regret to have to ask you to do so. I have to proceed with the business of the day.

Deputy Arthur Morgan: There is legislation before this House this afternoon——

An Ceann Comhairle: I cannot go into that.

Deputy Arthur Morgan: ——which seeks to reward and legalise corruption.

An Ceann Comhairle: I will have to suspend the House again, Deputy Morgan. I do not want to have to suspend the House.

Deputy Arthur Morgan: I am not going to leave the House.

A Deputy: The Deputy got paid for today.

An Ceann Comhairle: Deputy Morgan will not leave the House. Then I must suspend the House further.

Deputy Eamon Gilmore: May I raise a point of order?

Deputy Arthur Morgan: There is a separate solution. I will withdraw from the House when I get the——

An Ceann Comhairle: The Members are gathered here today——

Deputy Arthur Morgan: ——apology from the Taoiseach that I believe the Irish people are owed from him.

An Ceann Comhairle: ——to do a considerable amount of business and I ask you to remove yourself from the House.

Deputy Arthur Morgan: When I get that I will happily withdraw——

An Ceann Comhairle: The House has made a decision that you should leave the House.

Deputy Arthur Morgan: ——but I am staying here until I get that apology. 4 Suspension 16 September 2009. of Member

Deputy Eamon Gilmore: On a point of order——

An Ceann Comhairle: I call Deputy Kenny.

Deputy Enda Kenny: This country will have to borrow approximately \22 billion this year. This amounts to approximately \4 million per 16-hour waking day. This 15 minutes has cost us \1 million.

Deputy Arthur Morgan: People’s backs are to the wall. They are losing their jobs and everything they have——

Deputy Alan Shatter: Deputy Morgan is turning the House into a circus and yet we have serious business.

Deputy Arthur Morgan: ——and there is no serious business before this House to solve that problem.

Deputy Alan Shatter: There is serious business.

Deputy Arthur Morgan: I have respect for the Irish people. That is where we need to show some respect.

An Ceann Comhairle: Deputy Gilmore, on a point of order.

Deputy Eamon Gilmore: There are many people at home watching the proceedings of this House this afternoon and they are doing so because they are hurting. They are hurting due to people losing jobs, businesses going to the wall and all of the bad news that is being inflicted upon them as a result of all we have seen. This House has been closed down for long enough this summer and it is about time that we got on with the business we were elected and sent here to do. There is a time and place for parliamentary stunts. We want to get on with the business that we are here to do. We are about to embark on a debate on what is probably the most serious economic measure ever brought before this House since independence and we should get on with it. We will disagree with it but attempts to disrupt the holding of this sitting for which we have been waiting since July last should be ceased. We should get on with the business. Let us have the arguments during the course of the debate. We will argue with it. I have my point of view. The Labour Party has its point of view. The members of my party want to have the opportunity of expressing that point of view. They want to communicate to this House the many things that they have been hearing over the past number of weeks from people all over this country. The people have sent us here to express that and we should waste no more time and get on with the business of the House.

An Ceann Comhairle: Perhaps Deputy O´ Caola´in can be of help.

Deputy CaoimhghıńO´ Caolaín: First, let me make it patently clear that we in Sinn Feín hold very strong views in opposition to the NAMA proposals which have been presented and are to be debated today.

(Interruptions).

An Ceann Comhairle: Please allow Deputy O´ Caola´in to finish. 5 Suspension 16 September 2009. of Member

Deputy Caoimhghı´nO´ Caola´in: Furthermore, it is also important to note that what is proposed will actually present a facilitation for the passage of the NAMA legislation, despite whatever stoic efforts the Opposition makes. It is very important that the Opposition exercises itself to its full potential to demonstrate the real vexation and anger of the wider public in relation to these proposals. Sitting here, willy-nilly, in facilitation of its presentation and passage in this House simply does not achieve that.

An Ceann Comhairle: Can the Deputy assist me with Deputy Morgan?

Deputy Caoimhghı´nO´ Caola´in: Deputy Morgan has taken a particular position, demanding that the Taoiseach respond to his continual claims that there were no warnings in relation to the property bubble.

An Ceann Comhairle: Can this not be done during the course of the debate?

Deputy Caoimhghı´nO´ Caola´in: There were warnings aplenty and the Taoiseach can break this logjam if he addresses that fact and withdraws——

An Ceann Comhairle: I will have to suspend the House then. Is Deputy Morgan prepared to leave the House?

(Interruptions.)

Deputy Sea´n Ardagh: Out, out.

Deputy Ruairı´ Quinn: Let us have democracy.

(Interruptions.)

An Ceann Comhairle: Is Deputy Morgan prepared to leave the House? I will have to suspend the House again.

(Interruptions.)

An Ceann Comhairle: I have to ask the Deputy to leave the House. Will he please leave the House?

(Interruptions.)

An Ceann Comhairle: The House is suspended for a further five minutes to enable Deputy Morgan to withdraw.

Sitting suspended at 2.57 p.m. and resumed at 3.06 p.m.

An Ceann Comhairle: Deputy Morgan, for the last time I must ask you to leave the House so we can proceed with the business of the House.

Deputy Arthur Morgan: A Cheann Comhairle——

An Ceann Comhairle: The Deputy has been suspended from the House so he is not entitled to make any statement. The House itself has made a decision and there is little I can do.

Deputy Arthur Morgan: Following discussions with my party colleagues and in the interest of fairness to all, we have decided I will withdraw from the House. 6 Order of 16 September 2009. Business

An Ceann Comhairle: I thank the Deputy.

Deputy James Reilly: The House has decided the Deputy will withdraw.

Deputy Arthur Morgan: However, I assure the House I will continue to oppose this legislation at every opportunity.

An Ceann Comhairle: The Deputy can do that in the course of the legislation. He must now leave.

Deputy Dermot Ahern: He has subverted democracy long enough.

Order of Business. The Taoiseach: The Order of Business is No. 3, National Asset Management Agency Bill 2009 — Order for Second Stage and Second Stage. It is proposed, notwithstanding anything in Standing Orders, that the Daíl shall sit later than 8.30 p.m. tonight and business shall be interrupted not later than 9 p.m.; the proceedings on Second Stage of No. 3 shall be taken today and the following arrangements shall apply: the speeches of the Minister for Finance 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 40 minutes in each case, and the speech of each other Member called upon shall not exceed 20 minutes in each case. The resumed Second Stage shall be taken at 10.30 a.m. on Thursday, 17 September 2009, and shall commence with speeches by the Taoiseach and the leaders of Fine Gael, the Labour Party, the Green Party and Sinn Feín, or Members nominated in their stead, who shall be called upon in that order, which shall not exceed 30 minutes in each case, and the speaker in possession shall resume thereafter; the Daíl shall sit later than 4.45 p.m. tomorrow and business shall be interrupted not later than 7 p.m. There shall be no Order of Business, Oral Questions shall not be taken and matters may not be raised under the provisions of Standing Orders 21(3) and 32 on that day; Private Members’ business, which shall be No. 32, Criminal Law (Home Defence) Bill 2009 — Second Stage, shall be taken tomorrow on the conclusion of the speeches by the Taoiseach and the leaders of Fine Gael, the Labour Party, the Green Party and Sinn Feín on Second Stage of No. 3, and shall be brought to a conclusion after three hours on that day.

An Ceann Comhairle: There are four proposals to be put to the House. Is the proposal that the Da´il shall sit later than 8.30 p.m. today agreed to?

Deputy Enda Kenny: I oppose the Order of Business on the basis that the Bill being presented to the Da´il today — namely, the National Asset Management Agency Bill — is not the Bill that will emerge at the end of the process, for the simple reason there is no common agreement on this Bill among the constituent parties of the Government or even among the members of the major party in Government. I am also opposed to it on the basis of my deep concern about the proposed overpayment for the acquisition of assets, which is now commonly seen as a massive bailout for the banks——

Deputy Bernard J. Durkan: Hear, hear.

Deputy Enda Kenny: ——with no bailout for mortgage holders or taxpayers. I am equally concerned about the absence of any independent review by the Oireachtas of this or any other proposal that may come from the Bill. In essence, it is a proposal to shift between \50 billion 7 Order of 16 September 2009. Business

[Deputy Enda Kenny.] and \60 billion onto the backs of Irish taxpayers. This is not how we should do business. I am opposed to the Order of Business for these reasons.

Deputy Eamon Gilmore: I, too, on behalf of the Labour Party oppose the Order of Business presented by the Government. The Bill before us, the National Asset Management Agency Bill, is the most important economic legislation that has come before the House since Indepen- dence. Not only today’s taxpayers but future generations of taxpayers — our children and even our grandchildren — may pay for decades to come for the measures proposed by the Govern- ment today. The Labour Party is opposed to this legislation and we have proposed an alternative. The circumstances in which we are dealing with this legislation are extraordinary. First, it is still unclear as to what exactly the Government will put through the House by way of this legislation. We were told it would be introduced last April. A draft of the Bill was eventually published at the beginning of August, but that was changed again and the legislation was published a few weeks ago. We now have been told that further changes may be brought forward, but it is not clear if the Government is in agreement on that. In any event, we have not got an assurance from the Government as of yet as to what arrangements will be made for debating the Bill in the House. Up to today the Government was insisting that this Bill would not be debated in the House next week. I am glad to hear that position may have changed. The Taoiseach should take this opportunity to confirm to the House that arrangements will be made for the Bill to be debated in the House next week. Arrangements have not being made for the continuation of the debate. I want an assurance that all members of the Labour Party who want to contribute to the debate on this Bill will have an opportunity to do so and that there will not be an attempt by the Government to introduce a guillotine to the debate. We have got no assurance in that regard. Neither have we got any assurance that Committee Stage will be taken in the Da´il Chamber rather than in the bowels of the building in a committee room where it will not get the same degree of either parliamentary or public attention. The arrangements for the taking of this Bill are not satisfactory for the Labour Party. This is fundamental legislation. On behalf of the Labour Party, I oppose the Order of Business the Taoiseach has proposed for today.

Deputy CaoimhghıńO´ Caolaín: I join earlier speakers in opposing the Order of Business as presented, which covers not only the business of the House today but tomorrow’s business. There are real concerns that the NAMA proposition — in regard to which we may be merely going through the motions in terms of the taking of the various Stages of the legislation on which there is already a done deal in regard to the Government formation — will be foisted on the Irish people. It is a proposition that spells economic disaster potentially not only for this but for future generations. It is as if the Minister for Finance had stood before a slot machine and pulled its arm in the hope that things would turn out right. This is a serious matter and the Taoiseach’s continual referencing to this being the only way in which the current difficulties can be addressed is simply not the case. Alternative prop- ositions have been put forward by all the Opposition parties, including Sinn Feín, for their meritorious scrutiny and debate in this Chamber. In the way the debate is structured, there will not be an opportunity in the course of the passage of Second, Committee, Report and Final Stages of this legislation to question much of its detail. We can make our respective contributions but we will not have the facilitation of a question and answer session with the 8 Order of 16 September 2009. Business

Minister and the Taoiseach to go into the core, nitty gritty and fine detail of the legislation, aspects of which they can, and may, withhold from the Members of the House. The Government does not have a mandate to introduce NAMA. That is a fact. It is something on which the Irish people should be asked to pass judgment. The only way that can be done is in a referendum. I ask the Taoiseach to indicate here today that he will request that the Government support a request of the President — which she is entitled to do under the Constitution — to refer this matter to the people. If there is opposition from the Government to such a proposition, there is within the Constitution the right of one third of the Members of this House and in excess of a majority of the Seanad Members to appeal to the President to refer the matter to the people by way of a referendum. The people, ultimately, should be given the opportunity to pass judgment on this proposition. We hold strongly to this. I appeal particularly to the Fine Gael, Labour and Independent Members of the Opposition to append their support to this proposal to petition the President. I,too, have concerns about the ordering of the passage of the further Stages of this legislation. We have no indication as yet on what is to happen next week, post the week’s recess, in order to facilitate the final week of campaigning on the Lisbon treaty. What are the Government’s intentions on ordering this legislation’s passage through this Chamber and the Upper House?

The Taoiseach: This Bill is being brought forward by the Government as its response to the necessity to ensure that we have financial stability in this country so that we bring forward in a transparent way the means of solving the problems that have been bedevilling the credit system in the banking sector for some time, and that we do so on the basis of a very considered proposal, which is the National Asset Management Agency Bill, for discussion before the House. There continues to be a lot of misrepresentation — for whatever reason — about the motivation and purpose of this Bill, none of which is supported by the facts, as will be outlined by the Minister for Finance when he opens the debate today. The Chief Whip has informed me that in the normal course of events the Whips will meet this evening to decide on next week’s business. That is a matter for decision by the Whips. The Government has made no prior decision on the business for next week. We decided to come back this week because of the urgency and importance of this legislation to begin the legislative process. The Minister provided a draft Bill to the House more than seven weeks ago and because of the importance of the legislation he indicated his preparedness from the outset to listen to all and any constructive comment and to see in what way people wished to assist in making sure that we provide a response commensurate to the challenge that faces the economy at this time. This Bill is a full, comprehensive response by Government to meet the scale of that challenge. It has the support of the European Central Bank and the IMF and it is in compliance with EU state aid rules.

Deputy Ruairı´ Quinn: How does the Taoiseach know?

The Taoiseach: It is a considered proposition put forward by the House. As has been said by others, it is a matter for this House in its democratic debate to decide on the merits or otherwise of this legislation. We are very strong supporters and advocates of this legislation. We believe it is essential as part of the response of this country to the challenges we face today. That is the Government’s position and we wish to proceed with it on that basis. We look forward to a debate that can be constructive, if people wish it to be. People can hold strong views one way or the other, but it is through the democratic debate of this House and the 9 Order of 16 September 2009. Business

[The Taoiseach.] primacy of this House in compliance with the rules that apply to us to all that we will perhaps ensure that the people of this country see that this Assembly discharges its duty properly.

Question put: “That the proposal for dealing with the late sitting be agreed to.”

The Da´il divided: Ta´, 82; Nı´l, 75.

Ta´

Ahern, Bertie. Kenneally, Brendan. Ahern, Dermot. Kennedy, Michael. Ahern, Michael. Killeen, Tony. Ahern, Noel. Kirk, Seamus. Andrews, Barry. Kitt, Michael P. Andrews, Chris. Kitt, Tom. Ardagh, Seań. Lenihan, Brian. Aylward, Bobby. Lenihan, Conor. Blaney, Niall. Lowry, Michael. Brady, A´ ine. McDaid, James. Brady, Cyprian. McEllistrim, Thomas. Brady, Johnny. McGrath, Michael. Browne, John. McGuinness, John. Byrne, Thomas. Mansergh, Martin. Calleary, Dara. Martin, Michea´l. Carey, Pat. Moloney, John. Moynihan, Michael. Collins, Niall. Mulcahy, Michael. Conlon, Margaret. Nolan, M.J. Connick, Seań. O´ Cuı´v, E´ amon. Coughlan, Mary. O´ Fearghaı´l, Seań. Cowen, Brian. O’Brien, Darragh. Cregan, John. O’Connor, Charlie. Cuffe, Ciarań. O’Dea, Willie. Cullen, Martin. O’Flynn, Noel. Curran, John. O’Hanlon, Rory. Dempsey, Noel. O’Keeffe, Batt. Dooley, Timmy. O’Keeffe, Edward. Fahey, Frank. O’Rourke, Mary. Finneran, Michael. O’Sullivan, Christy. Fitzpatrick, Michael. Power, Peter. Fleming, Seań. Power, Seań. Flynn, Beverley. Roche, Dick. Gogarty, Paul. Ryan, Eamon. Gormley, John. Sargent, Trevor. Grealish, Noel. Scanlon, Eamon. Hanafin, Mary. Smith, Brendan. Harney, Mary. Treacy, Noel. Haughey, Seań. Wallace, Mary. Healy-Rae, Jackie. White, Mary Alexandra. Hoctor, Maíre. Woods, Michael. Kelly, Peter.

Nı´l

Allen, Bernard. Clune, Deirdre. Bannon, James. Connaughton, Paul. Barrett, Sea´n. Coonan, Noel J. Breen, Pat. Costello, Joe. Broughan, Thomas P. Coveney, Simon. Bruton, Richard. Crawford, Seymour. Burke, Ulick. Creed, Michael. Burton, Joan. Creighton, Lucinda. Byrne, Catherine. D’Arcy, Michael. Carey, Joe. Deasy, John. 10 Order of 16 September 2009. Business

Nı´l—continued

Deenihan, Jimmy. Neville, Dan. Doyle, Andrew. Noonan, Michael. Durkan, Bernard J. O´ Caolaín, Caoimhghıń. English, Damien. O´ Snodaigh, Aengus. Enright, Olwyn. O’Donnell, Kieran. Feighan, Frank. O’Dowd, Fergus. Ferris, Martin. O’Keeffe, Jim. Flanagan, Charles. O’Mahony, John. Flanagan, Terence. O’Shea, Brian. Gilmore, Eamon. O’Sullivan, Jan. Hayes, Brian. O’Sullivan, Maureen. Hayes, Tom. Penrose, Willie. Higgins, Michael D. Quinn, Ruairı´. Hogan, Phil. Rabbitte, Pat. Howlin, Brendan. Reilly, James. Kehoe, Paul. Ring, Michael. Kenny, Enda. Shatter, Alan. Lee, George. Sheahan, Tom. Lynch, Ciarań. Sheehan, P.J. Lynch, Kathleen. Sherlock, Seań. McCormack, Pa´draic. Shortall, Ro´ isıń. McEntee, Shane. Stagg, Emmet. McGinley, Dinny. Stanton, David. McGrath, Finian. Timmins, Billy. McHugh, Joe. Tuffy, Joanna. McManus, Liz. Upton, Mary. Mitchell, Olivia. Wall, Jack. Naughten, Denis.

Tellers: Ta´, Deputies Pat Carey and John Cregan; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

An Ceann Comhairle: Is the proposal for dealing with No.3, National Asset Management Agency Bill 2009 — Order for Second Stage and Second Stage, agreed to?

Deputy Enda Kenny: I repeat that no piece of legislation that has gone through this House since the foundation of the State has ever cost in the region of what this is likely to cost, whether \40 billion, \50 billion or \60 billion. The Bill presented to us today will eventually be debated by force of vote in the House. As I understand it, the Bill does not have the total support of the Government, nor does it have the full support of members of the Taoiseach’s party, some of whom have pointed out that changes should be made. This Bill, therefore, is not an agreed conclusion of the Cabinet. This is not the way we should do business regarding a matter that is as fundamentally important to our country and all our citizens and taxpayers as this one. I ask the Taoiseach to respond on the basis of whether this is the agreed position to be debated. As an Opposition party, we have not had full disclosure of the circumstances in which this arose. I am concerned by reports that some people seem to have freedom of access to the higher echelons of Government on a regular basis. I am concerned that there is no independent review by the Oireachtas of the appeal system. On that basis, I oppose the taking of the Order for Second Stage.

Deputy Eamon Gilmore: On behalf of the Labour Party, I too oppose this proposal. In doing so, I take issue with the patronising remarks of the Taoiseach in responding to the words of opposition that were expressed on the previous proposal. He rather patronisingly referred to his willingness to listen to constructive proposals and ideas. He and the Minister for Finance have been getting constructive proposals in regard to this matter for months. The problem is 11 Order of 16 September 2009. Business

[Deputy Eamon Gilmore.] that they are not listening to those proposals. The difficulty we have today is that the Taoiseach and his Government got the country and our economy into this hole in the first place. We do not have confidence that he, his Government and the measures they now propose will get us out of the difficulty we are in. We have been putting forward serious proposals and alternatives for some time. The rather condescending way in which the Taoiseach responded to them in his earlier contribution does not augur at all well for the way in which this debate will be conducted.

Deputy CaoimhghıńO´ Caolaín: We again object to No. 2 on the Order Paper. As Deputy Gilmore said, it is not only a case of the same political faces who have presided over and deepened the economic crisis the Irish people currently face; it is the advisers and those with whom they consult who have been, over this period of time, an integral part of the writing of the script for where we are today. Neither these advisers nor the faces opposite should determine how we will get out of this mess. The Irish people have no faith in this proposition or in the Government. Although opinion polls are not the best way of measuring public opinion, I have confidence in the recent poll which showed the Government at the lowest ever recorded support level of 20%, with 17% for Fianna Faíl and 3% for the Green Party. This is a close reflection of the anger and anguish of so many citizens across the length and breadth of the State. If the NAMA proposition is to pass, it should be referred in a call for a referendum to the President. The most appropriate response the Taoiseach could offer today would be a decision to tender his resignation and to allow the people to have a full opportunity to pass judgment on NAMA and the myriad issues he is currently considering in the context of the preparation of a budget that will significantly affect the least well-off, the most marginalised and those who are finding it difficult to make ends meet.

An Ceann Comhairle: I have called the Taoiseach to respond.

Deputy Caoimhghı´nO´ Caola´in: This is a time for the people to have their say. I call on the Government to resign forthwith.

The Taoiseach: As I said earlier, this is the proposal brought forward and approved by Government. I was simply making the point in my previous contribution — which was neither patronising nor condescending but simply a statement of fact — that we are open to listening to the points made in this debate because of the importance of the legislation for the country. I also made the point in my previous contribution that there may be others who wish to put a different proposition, and that the House will divide and decide on that. I was simply referring to the fact that rather than some of the juvenile behaviour we have had at the beginning of this session, we must get down to the serious business of doing this work because it is what the country requires at this time.

Deputies: Hear, hear.

Question put: “That the proposal for dealing with No. 3 be agreed to.”

12 Order of 16 September 2009. Business

The Da´il divided: Ta´, 83; Nı´l, 71.

Ta´

Ahern, Bertie. Kenneally, Brendan. Ahern, Dermot. Kennedy, Michael. Ahern, Michael. Killeen, Tony. Ahern, Noel. Kirk, Seamus. Andrews, Barry. Kitt, Michael P. Andrews, Chris. Kitt, Tom. Ardagh, Seań. Lenihan, Brian. Aylward, Bobby. Lenihan, Conor. Blaney, Niall. Lowry, Michael. Brady, A´ ine. McDaid, James. Brady, Cyprian. McEllistrim, Thomas. Brady, Johnny. McGrath, Mattie. Browne, John. McGrath, Michael. Byrne, Thomas. McGuinness, John. Calleary, Dara. Mansergh, Martin. Carey, Pat. Martin, Michea´l. Collins, Niall. Moloney, John. Conlon, Margaret. Moynihan, Michael. Connick, Seań. Mulcahy, Michael. Coughlan, Mary. Nolan, M. J. Cowen, Brian. O´ Cuı´v, E´ amon. Cregan, John. O´ Fearghaı´l, Seań. Cuffe, Ciarań. O’Brien, Darragh. Cullen, Martin. O’Connor, Charlie. Curran, John. O’Dea, Willie. Dempsey, Noel. O’Flynn, Noel. Devins, Jimmy. O’Hanlon, Rory. Dooley, Timmy. O’Keeffe, Batt. Fahey, Frank. O’Rourke, Mary. Finneran, Michael. O’Sullivan, Christy. Fitzpatrick, Michael. Power, Peter. Fleming, Seań. Power, Seań. Flynn, Beverley. Roche, Dick. Gogarty, Paul. Ryan, Eamon. Gormley, John. Sargent, Trevor. Grealish, Noel. Scanlon, Eamon. Hanafin, Mary. Smith, Brendan. Harney, Mary. Treacy, Noel. Haughey, Seań. Wallace, Mary. Healy-Rae, Jackie. White, Mary Alexandra. Hoctor, Maíre. Woods, Michael. Kelly, Peter.

Nı´l

Allen, Bernard. Deenihan, Jimmy. Bannon, James. Doyle, Andrew. Barrett, Sea´n. Durkan, Bernard J. Breen, Pat. Enright, Olwyn. Broughan, Thomas P. Feighan, Frank. Bruton, Richard. Ferris, Martin. Burke, Ulick. Flanagan, Charles. Burton, Joan. Flanagan, Terence. Byrne, Catherine. Gilmore, Eamon. Carey, Joe. Hayes, Brian. Clune, Deirdre. Hayes, Tom. Connaughton, Paul. Higgins, Michael D. Coonan, Noel J. Hogan, Phil. Costello, Joe. Howlin, Brendan. Coveney, Simon. Kehoe, Paul. Crawford, Seymour. Kenny, Enda. Creed, Michael. Lee, George. Creighton, Lucinda. Lynch, Ciara´n. D’Arcy, Michael. Lynch, Kathleen. Deasy, John. McCormack, Pa´draic. 13 Order of 16 September 2009. Business

Nı´l—continued

McGinley, Dinny. Quinn, Ruairı´. McHugh, Joe. Rabbitte, Pat. McManus, Liz. Reilly, James. Mitchell, Olivia. Ring, Michael. Naughten, Denis. Shatter, Alan. Neville, Dan. Sheahan, Tom. Noonan, Michael. Sheehan, P.J. O´ Caolaín, Caoimhghıń. Sherlock, Seań. O´ Snodaigh, Aengus. Shortall, Ro´ isıń. O’Donnell, Kieran. Stagg, Emmet. O’Dowd, Fergus. Stanton, David. O’Keeffe, Jim. Timmins, Billy. O’Mahony, John. Tuffy, Joanna. O’Shea, Brian. Upton, Mary. O’Sullivan, Jan. Wall, Jack. Penrose, Willie.

Tellers: Ta´, Deputies Pat Carey and John Cregan; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

An Ceann Comhairle: Is the proposal regarding tomorrow’s sitting agreed? Agreed. Is the proposal for dealing with Private Members’ business tomorrow agreed? Agreed. I call Deputy Kenny on the Order of Business.

Deputy Enda Kenny: I wish to put a question to the Taoiseach.

An Ceann Comhairle: Is it agreed to move on to Leaders’ Questions?

Deputy Caoimhghı´nO´ Caola´in: On the Order of Business, I note from the publication today of the Government’s legislative programme that the section on the Department of Health and Children——

(Interruptions).

An Ceann Comhairle: Order please. We must have silence.

Deputy Caoimhghı´nO´ Caola´in: I note again from the section on the Department of Health and Children in the legislative programme signalled for the coming term that the status of the eligibility for health and social services Bill is described as “not possible to indicate”. This is yet another failure on the part of the Department to present very important legislation on the rights of citizens to access health and personal social services. The legislation in question has been promised for many years. Earlier indications were that the Bill would be published, Second Stage addressed, etc., but in recent years the only answer we receive from the Minister for Health and Children, Deputy Mary Harney, and her Department is that it is not possible to indicate when the Bill would come before us. This is simply not good enough. What efforts is the Taoiseach employing to ensure that entitlement and eligibility for health and personal social services will be addressed substantively in the presentation of this long-awaited legislation?

The Taoiseach: While proposals on this issue are being worked on, as has been stated, it is not possible to present a Bill to the House. Many of the proposals will be much better developed by the end of the year.

14 Order of 16 September 2009. Business

Deputy Aengus O´ Snodaigh: I failed to find two items of legislation in the Government’s legislative programme. Given the urgency of the issue, is it proposed to introduce amending legislation to change the timing of the Exchequer’s rebate of 60% for redundancy payments to provide that such rebates be reduced in cases of profitable trading companies and that payment would only proceed when a company had complied with any findings of the Labour Court or Labour Relations Commission? In light of recent controversy, is it intended to introduce amending legislation to allow Mini- sters to be held to account for the expenditure of public money in the form of expenses, including excessive expenditure? Will the Government amend the Standards in Public Office Act to provide for an annual statement of ministerial expenses and to allow the Da´il to question Ministers or former Ministers, regardless of whether they occupy the Office of Ceann Comh- airle, about such expenditure?

The Taoiseach: Legislation is not promised on the first issue. In recent times, changes have been introduced on internal and foreign travel, as is proper in the new circumstances in which we find ourselves and given the need to ensure we use taxpayers’ money and scarce resources in the best possible way. It is also the case that all such expenses are audited by the Accounting Officers of the respective Departments.

Deputy Ro´ isı´n Shortall: My questions refer to secondary legislation. Has progress been made over the summer months on the issue of adoptions from Vietnam? Hundreds of families are waiting a decision in this matter and action from the Minister of State with responsibility for children. What is the current position and when is progress likely to be made on the issue? When does the Minister for Finance intend to introduce regulations to give effect to the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act passed in June this year?

The Taoiseach: I will have to revert to the Deputy on the second matter. On the first matter, the Minister of State visited Vietnam where he dealt directly with his counterpart on the question of foreign adoptions. As we all know, this is an important and sensitive matter and one on which the Minister of State has been seeking to make progress. The Minister of State, Deputy Barry Andrews, is active in that area but we have not yet resolved the issue to everyone’s satisfaction.

Deputy Joe Costello: I wish to ask the Taoiseach about two matters. First, when does he propose to introduced the promised European defence agency Bill? Second, the report of the Standards in Public Office Commission was made in the context of the referendum in July last year. A request was made to the Minister for the Environment, Heritage and Local Govern- ment that legislative sanctions be introduced concerning third parties who failed to provide information on their spending. Will the Minister introduce legislation to ensure that third parties engaged in referenda will have to respond to statutory requests by the Standards in Public Office Commission to provide adequate information? If appropriate sanctions were in place they would have to comply with such requests.

The Taoiseach: As regards the first matter, I understand the European Defence Agency Bill has been published and is awaiting Second Stage. I will have to revert to the Deputy on the second matter, when I have spoken to the Minister about what, if any, his intentions in this area might be.

Deputy Joe Costello: The request concerns Mr. Ganley who on four different occasions refused to provide the information requested by the Standards in Public Office Commission. 15 Order of 16 September 2009. Business

An Ceann Comhairle: We cannot deal with a matter concerning a person outside the House who is not here to defend himself.

Deputy Joe Costello: The commission requested the Minister for the Environment, Heritage and Local Government to introduce amending legislation to impose sanctions so that third parties of that nature would have to provide the appropriate information as requested.

An Ceann Comhairle: We cannot mention an individual outside the House who is not here to defend himself.

Deputy Ruairı´ Quinn: The Minister for Education and Science has suspended Committee Stage of the Student Support Bill because he is to integrate into that legislation proposals for the reintroduction of third level fees which will affect more than 100,000 students who will start their studies next week if they have not already commenced them. Have the conclusions on the proposals from the Minister for Education and Science been presented to the Cabinet? When will a decision be made on third level fees?

The Taoiseach: There has been no Government decision on that matter. It is up to the Minister for Education and Science at any time to bring forward proposals for consideration by the Government. There has been no formal decision by the Government, however.

Deputy Ruairı´ Quinn: On a point of information, my understanding is that the Minister for Education and Science has informed numerous players in the education sector that he has presented five options to the Cabinet, and that he was going to give a deadline of 15 September. The Minister’s press officer, Mr. Mallee, carefully arranged for the details to be leaked to the public so that the rest of us could share the documents the Taoiseach received confidentially. Has the Taoiseach had an opportunity to choose his preferred option? When will the damage and punishment be inflicted on third level students?

An Ceann Comhairle: Deputy Quinn is aware that we cannot discuss what happens at Cabinet meetings.

The Taoiseach: The Deputy was a member of the Cabinet himself and will be aware that time limits are not imposed on Cabinets by anybody. It is a question for the Government to consider at any time any options put forward by Ministers. I am simply making the point that no decisions have been taken in that matter.

Deputy Ruairı´ Quinn: He is a very junior member of the Cabinet and has a lot to learn.

The Taoiseach: He is a very respected member of the Cabinet and a very good Minister, too.

Deputy Brian Hayes: Mark Anthony.

Deputy Michael Creed: More like Pontius Pilate, I would say.

Deputy Pat Rabbitte: Will the Taoiseach commit to taking Committee Stage of the NAMA Bill in this House?

The Taoiseach: It is a matter for decision by the Whips as to how this is dealt with.

Deputy Pat Rabbitte: You are the Taoiseach.

The Taoiseach: I am aware of that but if we could start Second Stage we could get on with deciding how we might deal with Committee Stage. 16 Order of 16 September 2009. Business

Deputy Joan Burton: Can he have a preferendum and tell us the result?

Deputy Pat Rabbitte: I did not hold it up.

The Taoiseach: It is taking an hour and a half to get to Second Stage.

Deputy Pat Rabbitte: It is a straightforward question.

The Taoiseach: Of course it is.

Deputy Pat Rabbitte: There are many Deputies who want to contribute on Committee Stage on the floor of the House. That is all I am asking.

The Taoiseach: Yes and it will be a matter for the Whips to decide on that in due course.

Deputy Pat Rabbitte: It is a matter for the Government.

The Taoiseach: I have no problem with it one way or the other.

Deputy Charles Flanagan: What is the view of the Government Whip?

The Taoiseach: I wish to get on with bringing the proposal to the House for its consideration.

Deputy Pat Rabbitte: As the Taoiseach knows well, the Government orders the Business of the Da´il.

An Ceann Comhairle: Deputy Rabbitte has made his point. I call Deputy Tuffy.

Deputy Joanna Tuffy: During the local elections, the Minister for the Environment, Heritage and Local Government announced that he would bring in a planning Bill to curb bad rezonings by councillors. He has announced it a few times before and since, but I cannot see it on the list of Bills for the coming term. When will that Bill come before the House?

An Ceann Comhairle: Is there a new planning Bill, Taoiseach?

The Taoiseach: The list provided by the Whip today concerns the legislative programme for the forthcoming session. It is a matter for the Government to consider any other proposals for Cabinet in the interim.

Deputy Michael D. Higgins: On a number of occasions the Government has indicated that it was about to ratify the United Nations Convention Against Corruption. When is it proposed to ratify that convention? Is it proposed to ratify it within the lifetime of this Government, given that it is referred to as a commitment in the White Paper on development? Second, is it proposed to ratify the UN Convention on the Rights of the Disabled in the lifetime of this Government?

The Taoiseach: I will revert to the Deputy having spoken to the Ministers concerned as to what progress has been made in those areas.

Deputy Michael D. Higgins: There is a very large file on this issue. Most of the letters end with the same sentence — that signature by Ireland is imminent. It is now nearly two years since the first commitment was made. In the current atmosphere it would be salutary if we could sign and ratify those UN conventions. If that was done, with supporting legislation, it would create some public trust. 17 Leaders’ 16 September 2009. Questions

Leaders’ Questions. Deputy Enda Kenny: As I go around the country on the Lisbon referendum campaign seeking an endorsement for a strong “Yes” vote, the number of people who express genuine concern about the NAMA legislation is quite astonishing. No Bill that ever went through the House cost anything remotely in the region of what we are talking about here. This Bill does not have the support of the people. It amounts to an act of economic madness to attempt to shift a burden of possibly \40 billion, \50 billion or \60 billion on to the taxpayers’ shoulders. There are alternative ways to have liquidity flow into the banking system. When the Minister for Finance, Deputy Brian Lenihan, rang me last year and asked me if I would support the guarantee scheme for the banks, I said “Yes” because I believe in a vibrant, competitive and energetic banking system. There are alternative ways of having liquidity flow to business besides what is being proposed in the NAMA Bill. There is a growing body of opinion, both at home and internationally, from very respected people and institutions, that what the Government is doing is wrong. There are a number of ways by which an alternative can be produced that would be fairer, would protect taxpayers and would not involve paying over the odds. In addition, it would allow liquidity to flow into business for the protection of Irish jobs. I am not dogmatic about my party’s proposal. which was put out some time ago, because there are no perfect solutions here. I know that. In the interests of our country, however, and all the taxpayers, including those who are working and fearful for their jobs, and families watching these proceedings, let me make the Taoiseach a proposition, as leader to leader. If he is willing to withdraw the Bill, and there is time to do so, my party, for one, is prepared to sit down with the Government to work out a more acceptable and fairer alternative that will not involve taxpayers being exposed to an enormous liability. It would be fairer, in everybody’s interest and would allow for liquidity to flow into the system so that jobs can be protected. The Taoiseach said earlier that he was open for business. There is a choice here. There will be a long Second Stage debate and a long Committee Stage debate also. He can still withdraw the Bill and do this another way in the interests of all the alternatives and opportunities that exist. In that way, he would not be locked into a cul de sac and pulled by the nose by the banks in one direction only. I am making a proposition to the Taoiseach in the interests of Ireland and all our people. If the Taoiseach is prepared to withdraw it, I am prepared to sit down with him and work out a more acceptable and effective alternative.

Deputies: Hear, hear.

Deputy Enda Kenny: Does he accept that proposition?

The Taoiseach: This Bill is being brought forward for one purpose, namely, to provide a stimulus to this economy by means of the mechanism we have devised. Making populist statements about it or misrepresenting it does not help anybody but if that is what the Deputy wishes to convey, I cannot dictate that. Since last April the Minister for Finance has been very clear about putting forward this proposition and, as late as August, he made available to the Deputy an invitation to discuss these matters with his advisers and anyone else the Deputy wished within the Department. That offer was not taken up and that is a matter for the Deputy. The issue before 4 o’clock the House is that we must take action now to bring forward this proposal. When we commence the Second Stage debate, we can hear what ideas are in this House but we put forward this proposal following due consideration and careful analysis, having sought advice both domestically and internationally and with the support of institutions that will provide funds for this mechanism in line with guidelines set out at EU level. This is a 18 Leaders’ 16 September 2009. Questions considered proposal by Government. It is being brought forward for the reason of confronting the challenge that faces us today and not for any fearful reason. By bringing forward this proposal, we are giving an opportunity to Members to make their proposals and statements and we will put our position. We have had a view which, when I mentioned it earlier was regarded as patronising, but which is genuine. The Government has been open and has set out its preparedness since it drafted the Bill and put it before everyone because of its complexity, importance and urgency to listen any views people have, to discuss them and to see how they wish to proceed. However, we have to do it in a way we believe has the best prospect of success. The motivation behind the legislation on the part of the Government has continually been characterised in a very negative way by Opposition Members for their own reasons and I cannot dictate those reasons. I assure them that the motivation for bringing forward this proposal is to achieve the common good and to bring a stimulus to the economy in a responsible way and in a way which has the support of important institutions that are vital to making it work. That is our sole motivation and, rather than perhaps characterising it any other way, let us get on with the business now. There is a proposition before the House for discussion. Let us have a debate and meet, as the Deputy said, the concerns of the people, which are about moving forward, dealing with the issue and not continuing with paralysis by analysis. This is a considered proposal by Government, which is about to be brought before the House. Let us get on with the debate.

Deputy Enda Kenny: I am disappointed that, on an issue as fundamentally important as this, the Taoiseach has rejected an offer to sit down and work out an alternative, which can be achieved, and not proceed down this road of economic madness.

The Taoiseach: The Minister’s offer has been open for months.

Deputy Brian Lenihan: The Deputy did not have the courtesy to reply.

Deputy Niall Blaney: The offer has been open for weeks.

The Taoiseach: I believe this is the right proposal.

An Ceann Comhairle: Deputy Kenny without interruption.

Deputy Enda Kenny: As the Taoiseach is set on this road, perhaps he might answer a few questions. We are proceeding to commence with a debate on the Government’s NAMA Bill, which will not be the legislation that will emerge at the end of this process, principally because the Taoiseach’s partners in Government and members of his own party have yet to decide what further changes they will demand. Will the Taoiseach explain the circumstances in which an individual, Dr. Bacon, was chosen by Government to produce a report without any other economic analysis or input resulting in the Government being led down one road only without any flexibility to change? How much will the Government pay for the loans to be acquired? Will it be \40 billion, \50 billion or \60 billion? What discount will be applied? The taxpayer wants to know this and I would like the Taoiseach to respond to that. Is the Taoiseach prepared to move away from paying the long-term economic value and paying over the odds for assets that, in many cases, are useless? What guarantee can he give that in the event of the Bill going through, the money acquired by the banks will be available for lending by them to businesses all over the country? Is it his intention, as reflected by one of his backbenchers, to remove the Minister for Finance from the valuation system in order 19 Leaders’ 16 September 2009. Questions

[Deputy Enda Kenny.] that there would not be a perception — I do not suggest that the Minister would influence the system — of influence by the Minister of the day on the system? Is he prepared to deal with that? As we are proceeding down this road, the Taoiseach might answer these questions.

The Taoiseach: The position is we will commence the Second Stage debate and a detailed outline of the position will be given by the Minister for Finance in the next few minutes and I would like the House to hear that in detail.

Deputies: Hear, hear.

The Taoiseach: This is about the Government presenting bonds, which will provide access to ECB funds to provide a stimulus to the economy for the purpose of improving the lending capacity of our banking system. Throughout the last session, week in and week out, we discussed the insufficiency of lending in the economy. We are seeking to address that issue through this proposal. We are not in a position to provide a fiscal stimulus to the economy because of the state of our public finances but a stimulus can be provided through this mechanism. It is, therefore, also not correct to continually portray this as costing the amounts to which the Deputy referred since we are seeking to design a mechanism that will ensure we protect the interest of the taxpayer to the greatest extent possible. We have no motivation other than that in coming forward with this proposal and enacting it after debate having listened to what Members have to say and making sure we can get this as right as we can. It is important that it works and what we are seeking to achieve is that the management agency manages the assets in line with guidelines set down by the EU with the support of the ECB, which supports this proposal.

Deputy Dinny McGinley: With serious reservations.

Deputy Joan Burton: The ECB warned the Government about this proposal.

An Ceann Comhairle: The Taoiseach without interruption.

The Taoiseach: This is supported by financial institutions, which will help us provide a stimulus to our economy. It is on that basis that we put the proposal. We have considered all the options as we have seen them. We have brought forward this proposal and we have dealt with all the issues in so far as we can. We are open to dealing with any issues raised in the debate in so far as that is appropriate or possible. We are seeking to look to the collective wisdom of the House. If parties want to proceed in a different way or have a totally different proposal, they are entitled to put their point of view on Second Stage. That is the way we conduct debate in the House. When we reach Committee Stage, it will be open to Members to decide what they wish to do at that point. However, the bottom line is we must bring forward this legislation to deal with a fundamental problem affecting the economy generally, taxpayers and business.

Deputy Damien English: It is flawed.

The Taoiseach: We have to do that and that is the total motivation behind this proposal. There is no other motivation behind that it but that.

Deputy Paul Connaughton: It is flawed.

Deputy Eamon Gilmore: I seek the Ceann Comhairle’s indulgence before I ask my Leaders’ question. I understand there has been a bad crash on O’Connell Street, Dublin, between a 20 Leaders’ 16 September 2009. Questions

Luas tram and a bus. I wonder if the Minister for Transport might take an opportunity during the afternoon to report to the House on it and perhaps to exchange views with transport spokespersons. The Taoiseach is asking the people to bear a very heavy load. The legislation the Govern- ment will bring before the House will mortgage the future of taxpayers for decades to come. He is asking people to consider increases in taxation and cuts in pay. People are already losing jobs and businesses. It is a very difficult time. While the Taoiseach is asking people to do that, we are being informed on a weekly and daily basis of the extent of the waste of taxpayers’ money which his Government has presided over for the past number of years. Last week the report of the Comptroller and Auditor General on FA´ S was issued. FA´ S was going to hold a raffle. It bought a car for the raffle. The raffle was never held and the car disappeared. It ordered a television advertisement for \600,000 which was never screened. In fairness to the board of FA´ S, its members have done the decent thing and offered their resignations. However, the Minister, Deputy Cullen, who was responsible for expenditure 100 times that of the television advertisement and spent some \60 million buying an electronic voting system that was never used, has not resigned and came out at the weekend to justify it. On top of that, we learn of the splurging and indulgence of ministerial expenses over the period of that Government. I acknowledge the Ceann Comhairle’s letter of apology he issued today, but it suggests that this was by no means the exception and appears to be the norm. I saw the Taoiseach giving a number of newspaper and television interviews during the summer recess and I want to put a question to him this afternoon. Does he accept that the Government he served in for 12 years, during which he was responsible for the Government’s finances for four years and which he now leads was responsible for a huge waste of taxpayers’ money? Will he apologise to the Irish people for that waste of taxpayers’ money?

The Taoiseach: It is not a question of seeking to mortgage the future of taxpayers. We are seeking to crystallise the losses that have to be transparently shown now in order to ensure that international finance will continue to fund our banking system and return it to a viable future for our country. That is what we are seeking to do. The Bill is again being portrayed as an attempt to mortgage futures. It is about trying to make sure that we deal with the present situation to avoid a continuing contraction in the economy by means of improving lending into it. We are doing it by crystallising losses for banks and those who hold those loans so we can present bonds to obtain money to get it into the economy where is it badly needed for Irish businesses. Another point raised by Deputy Gilmore concerned my time as Minister for Finance. I stand over the budgets I brought into this House, which were regarded by people in Deputy Gilmore’s party and the other Opposition party as being mean and not sufficient. The critique at the time was that the Government was not doing enough to provide further expenditure programmes in a whole range of areas. I brought forward surpluses on those occasions——

Deputy Damien English: The Taoiseach is rewriting history.

The Taoiseach: ——and continued to reduce debt. These are the recorded facts.

(Interruptions).

The Taoiseach: The people want to know where we are going from here and I am here to say that the initiatives we are bringing forward are seeking to address that problem. Regarding the question of expenditure that was wasted, no Member of the House can stand over wasteful expenditure since it is taxpayers’ money. We have seen accountability being 21 Leaders’ 16 September 2009. Questions

[The Taoiseach.] exercised through Comptroller and Auditor General reports on an annual basis in successive Governments. It is a continuing challenge and the need to reduce and eliminate waste is a continuing challenge that is part of the functioning of Government and of the committees of this House, including the Committee of Public Accounts. None of us holds a brief for that but I want to know what part of the expenditure that related to improvements in pensions and increases in education allocation and the health service people opposed at the time. The critique at the time was that we were not doing sufficient work in those areas. That is the record of the time, in respect of what the House thought of what I was doing. I want to make a general point. At present it is all the more important that taxpayers’ money is spent efficiently, effectively and wisely and there is a need to prioritise, eliminate certain programmes and ensure that the manner in which moneys are spent in the course of conducting our public affairs here is such that it has public confidence, and that is the challenge we wish to confront.

Deputy Eamon Gilmore: The Taoiseach did not understand the question I asked him or has deliberately decided to avoid answering it. I did not ask the Taoiseach to give his opinion on the waste of public money; I am taking that for granted. None of us stands over the waste of public money. I asked the Taoiseach if he accepted his Government’s responsibility for that waste and if he would apologise to the people for it before he looks them in the eye and asks them to dig into their pockets to pay extra taxes or suffer reductions in services or, in some cases, reductions in pay and loss of employment. The Taoiseach said none of us holds a brief for waste. He did hold a brief for waste. It was his brief. He was in charge. His Government was in charge when all of this was taking place and some of his Ministers have direct responsibility for the agencies, Departments and, in some cases, for the direct expenditure involved. We are not engaged in some kind of academic commentary here. The people of this country are being asked by the Taoiseach and Government to pay now for the consequences of what they did. In some cases they are being asked to pay for it with their employment and businesses. They are being asked to pay for it with taxes and the loss of services provided to the public. All I am asking the Taoiseach to do — something he has avoided doing in interviews he gave during the summer — before he says to hardworking people that he wants more money from them in taxes, that he wants to cut their pay or that they might lose their job, is to look them in the eye and say he accepts he has been in Government for 12 years, that he was responsible for the country’s finances for four of those and that he is now in charge of the Government, and that he accepts, on behalf of the Government, that a huge waste of taxpayers’ money was perpetrated by that Government. I want him to say to them that he is sorry and say it before he asks them to contribute any more.

The Taoiseach: I have said unequivocally on many occasions — maybe not to Deputy Gilmore’s satisfaction — that I accept responsibility for every decision I have taken in government and that I did so at the time from the best advice and my best judgment, and that every initiative I took——

Deputy Eamon Gilmore: It was a waste of money.

The Taoiseach: ——was for the purpose of improving the common good in this country. If, as happens every year, a report from the Comptroller and Auditor General, who holds that constitutional position, demonstrates—— 22 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Eamon Gilmore: Did the Taoiseach waste money?

The Taoiseach: ——that there are instances where taxpayers’ money is not used to best effect, of course I have to take responsibility for that. However, it is a situation that is part of the accountability mechanism in this House. No one can stand up here and say with certainty that the \55,000 million that is spent on current programmes in this country is spent exactly as it is sought to be spent from this House by those to whom it is given. That is the story.

Deputy Eamon Gilmore: That was the Taoiseach’s job.

The Taoiseach: In every case, on every occasion, we seek to effect the principle of accountability so that if something goes wrong we bring in changes to make sure it does not go wrong again. That has been the constant effort of Government, the constant role of the Committee of Public Accounts and the constant job of every Comptroller and Auditor General since the foundation of the State. I take full responsibility. I have never sought to evade any responsibility in my life, but I do not claim that there is a perfect world under me or anyone the Deputy served under. I say to everybody that there is a role for all of us in public service to make sure that taxpayers’ money, which is hard earned as I well know — I represent constituents as much as the Deputy does and meet people from all walks of life — is not wasted. It is incumbent on us to make sure we do whatever is necessary and that is why we are bringing forward an expenditure control programme throughout all aspects of services to see where we can find savings and improve efficiencies and effectiveness before we have to ask people to go further than that. That is one of the responsibilities we will seek to discharge in the coming months, as we prepare for what will be a difficult budget in difficult circumstances. It cannot be avoided because the facts on the ground will not change, regardless of who sits on this side of the House.

Deputy Paul Connaughton: The horse has bolted.

Messages from Seanad. An Ceann Comhairle: Messages have been received from Seanad E´ ireann stating that it has passed the following Bills without amendment: the Criminal Justice (Amendment) Bill 2009; the Harbours (Amendment) Bill 2008; the Local Government (Charges) Bill 2009; the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Bill 2009; and the Public Health (Tobacco) (Amendment) Bill 2009.

National Asset Management Agency Bill 2009: Second Stage. Minister for Finance (Deputy Brian Lenihan): I move: “That the Bill be now read a Second Time.”

Deputy Joan Burton: We are opposing the reading of this Bill at this Stage because we believe we have put forward a better proposal, which will safeguard the interests of the taxpayer and will cost nothing like the proposals being made today by the Minister, Deputy Brian Lenihan, which will probably cost approximately \55 billion.

An Ceann Comhairle: That vote will take place at the end of the debate.

Deputy Brian Lenihan: My speech is being circulated, along with an information pack of supplementary documentation that I have made available to the Deputies. In the history of this State, few subjects have been debated more intensively and more passionately than the 23 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Brian Lenihan.] Government’s proposal to establish a National Asset Management Agency. Since I published the draft legislation on 30 July last, there has been a fast and furious debate on the airwaves, in the print media, on websites, at public gatherings, at a lengthy Oireachtas joint committee meeting two weeks ago and, I am sure, in many households throughout the country. This is as it should be. It is impossible to overstate the fundamental importance of the resolution of our banking crisis to our economic recovery. A clear understanding of why our banking system got into this crisis is of the utmost importance. We must learn lessons from this crisis. We must and will take the necessary steps to ensure we never make the same mistakes again. I accept the good intentions of most contributors to the debate. Some of the commentary was ill- informed and some of it, from those who should know better, was mischievous. Many constructive suggestions and amendments have been proposed, however, and the Government has taken on board the best of them. I emphasise that I am open to further constructive amendments from Members of this House which will improve the Bill and protect the citizens of the State. Much of the debate has centred on the risk involved in NAMA. I wish to make it clear that the resolution of the banks’ difficulties involves risk the private sector will not take. That is why the Government, like governments throughout the world, has had to step in. Another risk that has been less prominent in the debate is the risk to the taxpayer of paralysis and delay. If we do not act now to free our banks of their higher risk loans, we will not be in a position to benefit from the economic recovery that appears to be emerging in the United States and in Europe. Without a healthy and functioning banking system, our businesses and service providers will not be able to grow and develop their products for our main markets. If we do not stand ready to take advantage of a global upturn, as an open free market economy dependent on foreign direct investment and international capital flows, we will lose market share and jobs. That is the very real risk confronting our economy. As the time for debate comes to an end, the Government has a duty to act. Our proposal to establish an asset management agency has received the endorsement of the International Monetary Fund and the European Central Bank. It is clear that our proposal enjoys credibility in the financial markets. Since it was announced, the cost of borrowing by the State has fallen by 1.5% for ten-year money, which is tangible evidence that the Government’s strategy is working. I note that NAMA has received the endorsement of two of my distinguished predecessors, Mr. Ray MacSharry and Mr. Alan Dukes, both of whom sat at the desk I currently occupy at another period of great peril for this country’s economy. In light of their record of service during difficult periods, their assessment is deserving of our respect. The citizens of this country are understandably angry about the state of the banks, bitterly disappointed by the failure of our regulatory system and appalled by the details of the reprehensible behaviour of people in the financial and property sectors, in whom they placed their trust.

Deputy Damien English: Is the Minister angry about that?

Deputy Brian Lenihan: They are also angry with the Government. Many of them have asked why we are putting money into the banks while they endure the brunt of the difficult budgetary decisions we needed to take. It is unfortunate that there has been a breakdown of trust in the entire banking system, but the public knows we need the banks. People understand that we cannot have economic recovery unless we fix our banking system. It is not just a question of bank guarantees, recapitalisation and asset management solutions for impaired assets. It is a question of something much more fundamental and tangible. People need to be reassured that their deposits are safe. They need to believe that senior management and directors in the banks are responsible, trustworthy and accountable for their actions. This will not happen overnight. 24 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

It will require much hard work on the part of all of us. We must overcome our understandable anger and get on with the business of reform. The Government is determined to refashion the financial and banking system and to address and correct all regulatory and governance shortcomings. We will give clear direction to the banks about what is expected of them. As I stand here today on behalf of the people of Ireland, I wish to make it clear that the banks should be extremely grateful for the continued support and forbearance extended by the citizens.

Deputy Caoimhghı´nO´ Caola´in: They are not showing any gratitude.

Deputy Brian Lenihan: In return, the Government expects the banks to play more than their part in the economic recovery of the State by providing appropriate risk adjusted credit to businesses, so they can protect and create jobs. Our citizens deserve nothing less. The Bill before the House today has been drawn up on the basis of the expert advice and counsel available to the Government from the National Treasury Management Agency, the Financial Regulator, the Central Bank and our financial and legal advisers.

Deputy Damien English: All the guys who got us into it in the first place.

Deputy Brian Lenihan: Everything we do must and will be done in accordance with EU state aid rules. This Bill is the centrepiece of the Government’s plan to resolve the problems that have beset our financial and credit system. Before I deal with the details of how NAMA will work, I will set out the context in which the decision to establish the agency was taken. Just under a year ago, the banks in this country were on the brink of financial collapse. The well- being of our nation and our people was under threat. The State guarantee, which was introduced overnight on 29 September 2008, pulled us back from the brink. As a result, our banks and financial institutions were again able to raise from international markets the funds they needed to ensure their customers — big or small, young or old — could go about their daily business in the knowledge that their deposits were secure. In the year and, especially, the months before the guarantee, our banks were squeezed by the severe correction and withdrawal of funding that took place in the international markets. This correction followed a period of unsustainable cheap credit and inadequate regulation of the global banking system. The failure of the Lehman Brothers international investment bank and the decline in other global financial institutions further exacerbated the position. Smaller and more open economies like the Irish economy were particularly badly affected. Having moved away from more traditional forms of funding, with balance sheets expanding by more than 100% in a few short years, Irish banks availed more than most of cheap credit. They borrowed in the short term to fund long-term assets and extensive property-based lending. When this cheap credit dried up overnight, the Government, like most governments in the developed world, had to step in. As other countries followed our example in the use of guarantees, funding conditions became extremely difficult for Irish banks and building societies once more. Large levels of speculative property lending left the banks exposed to a property market that had passed the peak of its cycle. The property industry shuddered to a halt. Sales of houses and other property stopped and repayments of interest and capital could not be met by borrowers. International providers of funding and capital recognised the risks, cut credit lines and, in some cases, stopped dealing with financial institutions. In this weakened state, our banks started to hoard capital to protect themselves. Stress on their capital and funding positions damaged their ability to provide an essential flow of new and existing lending to the economy. To address this problem and to further stabilise the system, the Government moved to recapitalise AIB and Bank of Ireland. As details of the shameful behaviour of some senior executives in Anglo Irish Bank began to emerge, that bank was taken into State ownership to 25 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Brian Lenihan.] prevent it from destabilising the rest of the banking system and the economy. As we know, these events are the subject of a number of investigations, which I hope will conclude sooner rather than later. It suffices to say that the damage done by certain individuals to the reputation of this country will take some time and much hard work to repair.

Deputy Finian McGrath: Hear, hear.

Deputy Brian Lenihan: Throughout the last year, Ireland’s membership of the EU, particularly the eurozone, has played a vital role in our response to the current financial crisis. When we vote in the referendum on the Lisbon treaty on 2 October next, I hope no one forgets that the European Central Bank stood behind this country during its time of greatest need.

Deputies: Hear, hear.

Deputy Brian Lenihan: It is important to remember that the Government’s support for our banks has not been unconditional. Financial benefits have accrued to the State from the fees related to the guarantee, which will amount to \1 billion. The State also holds warrants for a 25% shareholding in AIB and Bank of Ireland, which have gained significant value since the investment. Operational restrictions have been imposed on the banks. Executive pay has been limited. New rules have been imposed on the banks in their dealings with business customers and residential mortgage holders. Nor has State support saved the banks from losses in this crisis. Shareholders, many of them ordinary citizens saving for their future, have suffered from enormous falls in share values and banks have taken large losses on their loan books. Subordi- nated bondholders have also been hit, with a large amount of subordinated debt being bought back by the banks in recent months at a significant discount. The outcome of these transactions was a loss representing approximately \4 billion to these bondholders and a material contribution to the capital required for the institutions. I want to reiterate that in all our actions over the past year, our sole concern has been the best interests of the wider economy. The simple fact is that credit remains the lifeblood of any economy. It allows businesses to source funding for productive developments and to foster creativity and innovation so that we can become a more competitive, export-orientated economy. It allows individuals to access mortgage funding and finance the purchase of consumer goods. The only way to restore the flow of credit is through a cleaned up banking system. That is precisely why the Government has decided to set up the National Asset Management Agency. NAMA will facilitate the speedy removal of higher risk property related assets which are clogging up the banks’ balance sheets and greatly hampering their ability to lend to credit- worthy individuals and households and thereby support economic activity. This general approach to dealing with distressed assets has been supported and recommended by banking experts across the globe. The model has been successfully implemented in a number of countries in the past where similar issues with problem loans have arisen. Countries such as Germany and the UK are also introducing asset relief schemes. Indeed, the European Com- mission has issued state aid guidance in this area specifically to assist member states that have chosen to take steps to establish asset relief schemes. International agencies such as the IMF and the ECB have commented favourably on the approach. In other words, this is a proven policy response which has been successful elsewhere and will be successful in Ireland. As we rebuild our banking infrastructure we must reform our oversight mechanisms so that our regulatory and supervisory system ensures we have a banking system that is fit for purpose, supports economic recovery and will prevent the economy from being undermined by rogue and undisciplined actions within the sector. 26 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Turning to how NAMA will operate, individual institutions must apply and be accepted as participating institutions. The Bill includes fair and objective criteria for the selection of the institutions that would participate in NAMA consistent with the EU state aid guidelines. As I made clear at the discussion with the Joint Committee on Finance and the Public Service on the draft National Asset Management Agency Bill on 31 August, under the legislation any credit institution in Ireland can apply for participation in NAMA and each application will be assessed strictly in an objective and non-discriminatory manner in accordance with the statutory criteria included in the Bill and EU state aid requirements. With this in mind, I will be proposing a Committee Stage amendment to section 60 of the Bill to increase from 30 to 60 days the period of time that credit institutions have to apply for designation as participating institutions in NAMA to facilitate the application process. The figures I am presenting today relate to five institutions, namely, Allied Irish Banks, Anglo Irish Bank, Bank of Ireland, EBS and Irish Nationwide Building Society. These are the institutions in which we have had the opportunity over the past year to carry out the necessary due diligence, analysis and stress testing. The agency will buy the land and development property loans and certain associated loans from the banks at prices well under the current book value. It will then manage these loans over time to achieve the best possible financial return for the taxpayer. NAMA will start with the largest systemic exposures across the institutions and it is expected that by the middle of next year most of the loans will be transferred. NAMA will leave behind smaller, cleaner and better funded banks that can focus their resources on their core function of lending to the productive economy. It is likely that some institutions will require additional capital in order to absorb the losses arising from the transfer of their impaired assets to NAMA and in order to maintain appropriate levels of capital. I want to make it clear that the Government would expect such an institution to explore all available options for raising such capital. It is the Government’s preference that private market solutions are found and implemented. The banks and building societies will be expected to increase the equity component of their capital base as the NAMA asset transfers are implemented. To the extent that sufficient capital cannot be raised independently or generated internally, the Government remains committed to providing such banks and building societies with an appropriate level of capital to continue to meet their requirements. This will be done in a manner consistent with EU state aid rules and the credit needs of the Irish economy. Any recapitalisation of a credit institution in such circumstances must be followed by restructuring in a manner which complies with EU state aid requirements. Not only is this a bare EU requirement, it is essential that restructuring takes place side by side with capital investment. It is expected that NAMA will purchase loans with a book value of approximately \77 billion. The approximate breakdown is as follows: Allied Irish Banks, \24 billion; Anglo Irish Bank, \28 billion——

Deputy Michael Ring: Shameful.

Deputy Brian Lenihan: ——Bank of Ireland, \16 billion; EBS, \1 billion; and Irish Nation- wide Building Society, \8 billion.

Deputy Michael Ring: They should all be in jail.

Deputy Brian Lenihan: Further details of the loan books of the institutions are contained in the supplementary documentation. It is projected that 36% of the assets will be land, 28% development property and 36% in associated commercial loans. The estimate is that 40% of these loans are cash flow producing. The cash flow produced will be sufficient to cover interest 27 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Brian Lenihan.] payments on the NAMA bonds and operating costs. The geographical breakdown of the assets is about two thirds in Ireland, one fifth in Great Britain, 6% in Northern Ireland and most of the remainder in the USA and Europe. The price to be paid for these assets will be a lot less than their \77 billion book value.

Deputy Pat Rabbitte: That is a relief.

Deputy Bernard J. Durkan: How much less?

Deputy Brian Lenihan: The valuation formula has regard to EU guidance taking into account both current market conditions and long-term economic returns. This strikes a balance between reflecting the long-term potential of these assets while minimising any potential risk that NAMA will make a loss. The legislation sets out a comprehensive methodology on how assets will be valued and I am publishing today draft valuation regulations which provide further detail on the valuation process. This valuation framework must accord with EU state aid guidance and is subject to EU approval. Application of the valuation methodology is a complicated and extensive process and it must be remembered that each loan must be valued individually in accordance with the methodology. In that context, any estimate of the price to be paid for the assets is provisional in nature. From our estimates, it is expected that NAMA would pay approximately \54 billion in relation to the \77 billion in loans. This is an estimated aggregate discount of 30% and the final figure will depend on the detailed evaluation of each individual loan. Nevertheless, it is essential for this House and the Irish people that an estimate be provided at this stage. The final figure will only arise if the Oireachtas enacts this legislation and the individual valuations are completed. Loan quality, geographic distribution and type of loan will all vary from institution to institution. These figures cannot be applied to extrapolate to individual portfolios or loans. It is essential to the NAMA process that final decisions on these kinds of numbers will be made only after an exhaustive bottom-up valuation process. The valuation process will be designed to meet the standard that will be expected by the EU Commission. The estimated current market value of these assets is \47 billion.

Deputy Bernard J. Durkan: That is doubtful.

Deputy Brian Lenihan: Deputies should consult the accompanying documentation to see how this figure was calculated. This is an estimate based on certain assumptions and information about the property market including a fall in average property values in the State of about 50% since the peak in 2007.

Deputy Damien English: That is land. There is a big difference with property values.

Deputy Brian Lenihan: This average masks a very large degree of variation in property value movements depending on factors such as location, the nature of the property and so forth. The fall in property values has pushed up property yields. Yields are now above their long- term average and this suggests that values are bottoming out. In fact, the gap between yields and interest rates is much higher than at any time since the mid 1990s. Further details are available in the supplementary documentation.

Deputy Joan Burton: That is because interest rates are kept low by the ECB.

Deputy Olivia Mitchell: Smoke and mirrors. 28 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Brian Lenihan: Using the adjustment factors set out in the legislation, the current estimate of the allowance for long-term economic value is \7 billion. I know there are reasons to argue whether any allowance should be made for long-term economic value but we are here to help the economy and people by putting our financial system back on track.

Deputy Brian Lenihan: We cannot do that by forcing banks to sell assets at below what would be rational prices for them.

Deputy Joan Burton: And the developers, do not forget them.

Deputy Brian Lenihan: As US Federal Reserve Chairman Ben Bernanke has said, “Banks will have a basis for valuing those assets and will not have to use fire sale prices. Their capital will not be unreasonably marked down”.

Deputy Bernard J. Durkan: What about the taxpayer?

Deputy Brian Lenihan: We also reject the idea of forcing distressed asset prices on the banks and we must ourselves find the right balance. We will not pay too much for these assets——

A Deputy: Of course they will.

Deputy Brian Lenihan: ——but paying too little has its own consequences for the economy and this is not the time to expand our risks. This limited allowance for long-term economic value will be de-risked. The Bill provides for part of the consideration for the assets transferred to be in the form of subordinated bonds, which puts the bank at risk if NAMA were to lose money — which is not our expectation — without giving them an upside in relation to its gains. In addition, we intend to introduce a levy if on the winding up of NAMA there were to be a deficit. Finally, I should note that the State owns 100% of Anglo Irish and, currently, substantial economic interest in the two largest banks.

Deputy Pat Rabbitte: Are we not lucky?

Deputy Brian Lenihan: Those who argue that I am transferring value to shareholders must agree that this is very much reduced by the fact that the State is in itself a shareholder for a substantial part of the system. The proportion of the total consideration, which will be in the form of subordinated debt and therefore at risk to the bank and linked to the performance of NAMA, will be approximately 5%. Let me repeat this point; the protection for the taxpayer of the risk sharing mechanisms, and if necessary a levy, will ensure that any unjust enrichment of private shareholders by paying an allowance over current market value can be recouped, but of course if NAMA makes money, this will accrue to the taxpayer.

Deputy Jim O’Keeffe: That will be the day.

Deputy Brian Lenihan: Taking the subordinated debt into account, it is estimated that NAMA will have to achieve less than a 10% uplift over the current market values on its assets over ten years to break even. Let us put that figure in perspective; assuming that NAMA were to dispose of the majority of its assets in the second half of the decade, this uplift in property values would be achieved even if values kept pace with general consumer price inflation. In that case, real — that is, inflation adjusted — property prices in ten years’ time would still be 45% below their values of late 2006. To be clear, there is no assumption in our work that peak 29 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Brian Lenihan.] property prices will be repeated. The Governor of the Central Bank, Mr. John Hurley, and the incoming Governor, Professor Patrick Honohan, have stated to me that having regard to the uncertainty in property price movements, the proposed add-on of 15-18% to the estimated current market price does not seem out of proportion with the range of potential upward price movements, especially when a risk sharing element is included.

Deputy Olivia Mitchell: He said more than that.

Deputy Brian Lenihan: A risk-sharing element has been included. The amount a borrower owes will not change because of the transfer of a loan to NAMA. The agency will have a statutory duty to maximise the taxpayers’ return and will therefore be expected to use all of its means to this end. The Bill provides the agency with a wide range of powers it needs to pursue borrowers and enforce security. In some cases this will mean that borrowers’ personal assets will have to be assumed by NAMA. I am also conscious of the need to avoid a repeat of the current position in the market for development land. A requirement has been included in the Bill obliging NAMA to have regard for the need to avoid undue concentrations or distortions in the market for development land. I intend to issue guidelines governing the agency’s interaction with borrowers in the completion of properties acquired by NAMA. The banking system has let us down. However, it can revive and serve our economy in a proper manner, but the existing structures cannot remain the same. Already a number of banks are developing restructuring plans to tight deadlines to meet EU requirements arising from recapitalisation options. Any institution participating in NAMA will be required to restructure its operations and I will be insisting that this is a real process leading to a reformed and re- invigorated banking system. It is too early to outline a definitive shape for the new system and there must be scope for subsidiaries of external banks to play their full part. This will be the focus of my work in the coming weeks. I referred earlier to the importance of the bank guarantee scheme in stabilising the banking system following its introduction last year. In June last, I introduced changes to the scheme as part of the Financial Measures (Miscellaneous Provisions) Act 2009 which allowed for the extension to the Government guarantee contained in the Credit Institutions (Financial Support) Act 2008 beyond the current expiry date of 29 September next year. As I announced in the supplementary budget, the guarantee will be amended to facilitate access for Irish financial institutions to longer term debt. I propose to adjust the current guarantee but retain all of the most important features. The details of this will be published on my Department’s website this afternoon. The new scheme will be somewhat more targeted. It will allow for greater long-term debt issuance under the guarantee, moving it more towards the European model. The revised guarantee scheme will represent the necessary first step in an exit strategy for the State from the blanket guarantee offered in September 2008. However, it is clear that the stability provided by the guarantee remains important and it will remain extensive and retain the blanket guarantee for deposits. A key feature of the modified guarantee scheme is that it allows the covered institutions to access un-guaranteed funding. Over the past month certain Irish institutions have started taking the first steps towards issuing un-guaranteed term debt and I very much welcome this positive trend and sign of improved vitality in the banking system. EU State aid approval for the scheme is at an advanced stage. A formal market notice will be issued later this month once Com- mission approval has been secured and I anticipate that I will bring the necessary statutory instrument to commence the scheme before the House in early October. 30 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

The funding advantages provided by NAMA, together with the continuing support of the guarantee scheme, will underpin the stability of funding for the Irish financial system. The House will be aware that market participants pay keen attention to our debates on financial matters. For the avoidance of doubt in the market, all liabilities covered under the existing guarantee on liabilities, known as the CIFS scheme, will remain fully guaranteed until 29 September 2010.

Deputy Caoimhghı´nO´ Caola´in: Has the Minister taken any steps on citizens facing repossession of their homes?

An Ceann Comhairle: The Minister without interruption.

Deputy Caoimhghı´nO´ Caola´in: Is that not a concern?

Deputy Brian Lenihan: The Central Bank of Ireland is taking its position at the centre of financial supervision and financial stability oversight. Professor Patrick Honohan will succeed Mr. John Hurley as Governor later this month. I thank both of them for their assistance. A new head of financial supervision will be recruited shortly. New resources and additional expert staff will widen skill sets and expand and enhance the capacity for the reformed institution. I expect the draft legislation providing for the reform of the regulatory system to be published before the end of the year. As part of the reform package for financial regulation and longer term planning, I am looking options for a legislative regime to deal systematically with distressed financial institutions. I want to ensure that the State has in place a range of tools to protect deposit holders and ensure we can deal effectively with problem institutions and at the same time maintain the confidence of international markets. My officials and the relevant authorities are examining the scope of such a regime. I hope to bring forward proposals in this area early in the new year. Everybody in this House is aware of the effect of the crisis conditions of the last year in the availability of credit to businesses and households. The flow of credit is essential to the proper functioning of the economy. All of the Government’s actions in stabilising the banks have been undertaken to ensure that the financial system continues to fulfil its essential functions in providing credit for businesses and individuals. The establishment of NAMA and the removal of identified risky assets from the balance sheets should in itself improve credit supply. The basic business model of a bank — and what generates profits — is on-lending at a margin appropriate for the risk involved. This proposal allow banks to focus on this and addresses the two key existing limitations to new lending. First, it will strengthen and improve the funding position of the banks meaning they have available funding to on-lend. The simple fact is that every euro lent by a bank to a customer must be drawn from deposits or borrowed by the bank from somewhere else. The agency will pay for the loans by giving the banks Government bonds that can be swapped for cash in international markets and at the European Central Bank. Second, the removal of higher-risk assets will allow banks to focus their human and capital resources on their core business rather than trying to work out problem loans. Every new loan requires new capital and banks in their current position need to maintain existing capital buffers to absorb current and future losses. Specific credit supply measures were incorporated into the Government’s recapitalisation packages for AIB and Bank of Ireland. Credit for small and medium-size enterprise — SME — has been a particular focus of concern. As part of the package each bank committed to increasing capacity for SME lending by 10%, established a \100 million fund for clean energy and environment-friendly investment and a further \15 million for seed and venture capital. The banks report on all of these commitments quarterly and their reports are monitored by 31 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Brian Lenihan.] the Financial Regulator. The reports clearly show that new business lending is taking place month by month, although at a lower rate than last year, and that substantial numbers of new business accounts are being opened each month. The Department of Enterprise, Trade and Employment has established a credit clearing group involving business groups, banks State agencies and Departments which is examining cases of credit refusal referred to it and an e-mail postbox has been set up to facilitate referrals. In addition, that Department is operating the stabilisation fund and the temporary employment subsidy scheme to help viable businesses get through their current difficulties. To summarise, the Government has made lending to small and medium-sized enterprises a major priority. Various actions have been taken to support viable businesses, to track the real situation and to facilitate access to credit on a proper commercial basis. In terms of specific credit supply measures attaching to NAMA, the Government continues to examine options in this regard and I look forward to the debate in the House. Some have argued for alternative approaches. As I discussed earlier the risk to the taxpayer of overpaying for assets by paying an allowance for long-term economic value can be mitigated by risk sharing mechanisms and the levy. I wonder if those who argue that NAMA should ignore the fact that the market is currently distressed and that the institutions should be paid current market value realise the cost implications of what they are proposing. The additional capital required by the institutions compared to what might be required under the NAMA approach would be in the region of \4 billion to \7 billion. The capital would have to be provided——

Deputy Joan Burton: How much more will have to be provided in capitalisation?

Deputy Brian Lenihan: The capital would require——

An Ceann Comhairle: Deputy Burton can make her contribution later on.

Deputy Joan Burton: How much more would the Minister have to provide?

An Ceann Comhairle: Deputy Burton, please, you will have the opportunity to make your contribution.

Deputy Brian Lenihan: The capital would require to be provided and have to be borrowed on world markets at current rates of 4%, far in excess of the 1.5% with which this paper can be traded in world markets.

Deputy Joan Burton: We know that the Minister has been doing that all year.

Deputy Brian Lenihan: This capital would have to be provided, and because the banks would be so weakened the only possible provider would be the State. Some of this, clearly, would be offset by the effect of our ownership in the institutions concerned, but this money would have to be provided now, with any payback coming later.

Deputy Joan Burton: He has been doing that all year.

Deputy Brian Lenihan: More expensive still is the Labour Party’s reported proposal for blanket nationalisation and a straightforward 50% discount on the loans.

Deputy Joan Burton: We never said that. That is a lie. 32 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Ruairı´ Quinn: Where has the word “blanket” come from? The Minister has invented that.

Deputy Brian Lenihan: This would immediately require the State to borrow an additional \10 billion to \14 billion to recapitalise the banks.

An Ceann Comhairle: Deputy Burton must withdraw the word “lie”.

Deputy Joan Burton: I object to the Minister not costing his own proposals and his reference to a proposal that the Labour Party did not put forward.

An Ceann Comhairle: Withdraw the word “lie”, please.

Deputy Joan Burton: Tell him to cost his own proposal. How can he cost the Labour Party’s if he cannot cost his own?

An Ceann Comhairle: Never mind that. The Deputy must withdraw the word “lie” please.

Deputy Joan Burton: How can he cost the Labour Party’s proposal when he cannot cost his own?

An Ceann Comhairle: Deputy Burton must withdraw the word “lie”.

Deputy Brian Lenihan: Deputy Burton submitted a proposal on this matter to my Department.

An Ceann Comhairle: I am sorry, Minister, but the Deputy must withdraw the word “lie”.

Deputy Eamon Gilmore: I really do not believe the Ceann Comhairle should pursue this.

An Ceann Comhairle: It would better if the Deputy withdrew the word “lie”.

Deputy Eamon Gilmore: The Ceann Comhairle should not pursue this.

An Ceann Comhairle: “Untruth” will do, the word “lie” is never used, in precedent. The word is withdrawn.

Deputy Brian Lenihan: A lie is an intentional untruth, and I assume that Deputy Burton did not impute an intentional untruth.

(Interruptions.)

An Ceann Comhairle: Members will have an opportunity soon to contribute.

Deputy Brian Lenihan: The Labour Party Members do not appear very anxious to hear the assessment of their proposal.

Deputy Brian Lenihan: On the assumption, as Deputy Burton indicated in public interviews, that there should be a 50% discount on the loan book, it would require the State to borrow an additional \10 billion to \14 billion to recapitalise the banks. Even under the benign assumption that additional borrowings of this scale would not affect the interest rates on Government bonds, the interest costs of this additional capital would be between \600 million and \700 million each year. That is some mortgage to put around the Irish people’s necks——

(Interruptions.) 33 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Brian Lenihan: ——and that mortgage could be put around the Irish people’s necks here and now, not in ten years time. Of equal concern is the damage that would be done to any possibility of recovery in the financial system. The new capital injections would lead to effectively full nationalisation of the banking system. Full nationalisation is Labour Party policy, but it carries with it a very real possibility that those who provide our banks with the funds they need to continue their operations would reduce their level of funding. The simple fact is that it is easier for a commercially orientated banking system to attract the funding it needs to provide credit for the economy. A forced nationalisation of the system would involve significant risks of reduced funding opportunities for the banks. Against a context of the global funding crisis, these are risks we cannot afford to take.

Deputy Michael D. Higgins: What about those who are supposed to be regulating the banks?

Deputy Brian Lenihan: I would draw the attention of the House to the words of President Obama last April on the same subject.

Deputy Pat Rabbitte: We cannot disagree with that.

Deputy Brian Lenihan: He said, and I quote: “Pre-emptive government takeovers are likely to end up costing taxpayers even more in the end and are more likely to undermine than create confidence.”

Deputies: Hear, hear.

Deputy Brian Lenihan: That is what President Obama thinks of the policy of preventive nationalisation.

Deputy Michael Ring: Mr. Obama is in enough trouble, too.

Deputy Michael D. Higgins: What was Mr. Hurley doing——

(Interruptions.)

An Ceann Comhairle: The Minister, without interruption.

Deputy Joan Burton: That was after President Obama’s nationalisation of Fannie Mae and Freddie Mac——

An Ceann Comhairle: Deputy Burton will have her opportunity.

Deputy Brian Lenihan: That is the view shared by many countries around the wold. It is strongly the view of this Government. NAMA will ensure that credit flows again to viable businesses and households by cleansing the balance sheets of Irish banks. This is essential for economic recovery and the generation of employment. It will ensure that we avoid the Japanese outcome of zombie banks that are just ticking over and not making a vibrant contribution to economic growth. (Interruptions.)

Deputy Brian Lenihan: It will force the banks to take the losses on their riskiest loans earlier than may otherwise be the case and leave them cleansed and better able to get on with their business. This asset management approach protects taxpayers. The evidence from property busts in other countries shows that the longer bankers and borrowers are allowed to deny the 34 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage reality of the losses they face, the greater the ultimate cost to the taxpayer and the general damage to the economy. Cleaning the balance sheets of the riskiest classes of assets allows the management to refocus operations towards lending to small and medium-sized firms and away from property speculation.

Deputy James Reilly: As opposed to what we have already.

Deputy Michael Ring: As opposed to the Fianna Fa´il builders.

Deputy Brian Lenihan: The announcement of the decision to set up NAMA has already triggered some improvement in confidence in the economy which has led to a reduction in the cost of borrowing for the State. Within the legal boundaries that NAMA must operate, and notwithstanding its commercial remit, it could have a role in creating balanced and desirable places to live with obvious benefits——

Deputy Pat Rabbitte: This is the green bit.

Deputy Brian Lenihan: ——for sustainable social values. NAMA could facilitate the Depart- ment of Education and Science and the Department of the Environment, Heritage and Local Government where these bodies have requirements, in areas such as parks, for example and so on——

(Interruptions.)

Deputy James Reilly: We hope the Minister sees the humour in that, himself.

Deputy Pat Rabbitte: What about child care?

Deputy Brian Lenihan: ——which facilitate the creation of desirable developments that encourage vibrant sustainable communities.

(Interruptions.)

An Ceann Comhairle: The Minister, without interruption, please.

Deputy Brian Lenihan: Public bodies should be given first options on disposals for a limited period and though they would have to pay the reasonable market price required, they would at least be given the first mover advantage. These bodies have sometimes been held to ransom and have had to pay inflated prices for projects such as school extensions and playgrounds. In disposing of properties NAMA could play a role in the provision of social and affordable housing.

Deputy Caoimhghı´nO´ Caola´in: Somebody will have to do it.

Deputy Brian Lenihan: For example, proposals to purchase or take long leases of suitable blocks of unsold apartments or units for social or affordable housing needs can be implemented, where this can be shown to create a commercial proposition for NAMA. I should now like to deal with the main provisions of the Bill. It comprises more than 200 sections and I propose to outline the principal aspects of each part. Part 1 sets out in detail the purposes of the Bill and includes some general provisions such as the definitions used in the legislation. It also includes a provision dealing with the sanctioning of certain offences committed under the Bill. 35 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Brian Lenihan.]

Part 2 deals with the purposes, functions and powers of NAMA. NAMA will have all powers to enable it to achieve its purposes and to carry out its functions. In particular, it will have all necessary commercial powers of a financial asset management company, enabling it to take full and determined action in relation to bank assets acquired. The agency has established the appointment of a board and a CEO and related provisions are in place. As in the case of the appointment of public interest directors to the banks, I will, of course, consult with the leaders of the Opposition parties before making any appointments, either to the chair or the board or NAMA.

Deputy Pat Rabbitte: Rody Molloy is available.

Deputy Michael D. Higgins: Suitably contrite applicants only.

Deputy Brian Lenihan: Part 3 sets out how NAMA will be financed, provides for the issuance of securities, including subordinated securities for the purchase of bank assets. It also sets limits on NAMA’s borrowing powers and includes detailed measures in relation to their accountability. Part 4 deals with the designation of the institutions eligible to participate. Part 5 sets out the methodology for the valuation of the assets. Part 6 provides generally for the mechanics of the acquisition of bank assets. Part 7 sets out two appeal mechanisms for participating institutions. If Members of the House want to devise a valuation method, as Deputy Kenny suggested earlier, that deprives me of an involvement in this position, I am quite happy with such an amendment as long as it establishes and protects the position of the taxpayer.

Deputy Brendan Howlin: That is the Minister’s own language.

Deputy Seymour Crawford: What about the Government backbenchers?

Deputy Brian Lenihan: As long as it establishes and protects the position of the taxpayer——

Deputy Bernard J. Durkan: What about the market value?

Deputy Brian Lenihan: ——I am not prepared to contemplate the establishment of an entity that has no responsibility or accountability to this House. Part 8 governs the relationship between NAMA and participating institutions. Part 9 gives certain powers to NAMA to allow it to deal with bank assets transferred to it. Part 10 deals with legal proceedings. Part 11 governs the disclosure of confidential information to NAMA. Part 12 deals with the conduct of participating institutions. Part 13 deals with 5 o’clock various miscellaneous matters. Part 14 deals with the review. I, as Minister, may at any time require NAMA to report on the progress it has made. I will assess at 31 December 2012 and thereafter every five years the extent to which NAMA has achieved its objectives. The Comptroller and Auditor General will report at 31 December 2010 and thereafter every three years on the progress being made by NAMA. Part 15 deals with technical amendments. The Schedules also contain a number of technical amendments. I also propose to bring forward a number of amendments on Committee Stage. The main proposed amendment is that windfall gains on rezoned land will be subject to capital gains tax at the rate of 80%.

Deputy Bernard J. Durkan: The Government will get a lot from that. 36 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Brian Lenihan: Since this crisis began a year ago, our sole objective has been the common good.

(Interruptions).

An Ceann Comhairle: You made a comment that the Minister for Finance should conclude; now please let him do so.

Deputy Brian Lenihan: The common good of this country requires, first and foremost, a return to economic growth. Economic recovery is dependent on three key factors. The first is getting the public finances back in order. That work is well under way and will be debated in this House when I bring forward the budget in December. The second is restoring our competitiveness by reducing our cost base. The final key element is a healthy banking system that will serve the needs of the wider economy. Without a properly functioning banking system, we will not have economic recovery. It is as simple as that. Having stabilised the financial institutions over the past year, we must now move to cleanse them of their infection and return them to full health. The necessary controls have been included in our plan to ensure that the interests of taxpayers have been and will be protected throughout the process of repair. The reforms I will introduce to our regulatory and supervisory structures will ensure that there will be fair, but forceful, oversight of the banking sector. I thank those in various Departments and Government agencies as well as my financial and legal advisers who have worked incredibly hard over the past year in highly pressured conditions to deal with this crisis. The suggestion that, in setting up NAMA and in drawing up this legislation, they were somehow colluding in some conspiracy to protect narrow sectional interests is unworthy of any Member of this House.

Deputy Michael Ring: The Minister would not even think of it.

Deputy Bernard J. Durkan: They will be reassured to hear that.

Deputy Brian Lenihan: Their work has been entirely in the national interest and history will prove their case. Let nobody underestimate the scale of the task before us. Our banking system during the boom years was driven at reckless speeds——

A Deputy: By this Government.

Deputy Brian Lenihan: ——and when it hit the wall last September, the damage was huge. Our banking system needed radical surgery. We never once shirked our responsibilities or shied away from taking bold actions when we judged that such actions were needed.

Deputy Jim O’Keeffe: A call to patriotic action.

Deputy Brian Lenihan: Earlier in the debate I heard Deputy Kenny indicate that he was willing to engage with the Government on his alternatives. In late August I wrote to Deputy Kenny and made it clear to him that my officials and I were prepared to engage on a confidential basis with any proposals he might like to make in that regard. That offer remains open. I am more than open to working with all the parties in the House to resolve the problem. Others had the luxury of indulging in abstractions and recrimination — I am not referring to the Opposition parties. The Government needed to act and it did. Our critics say we should have done things differently. While they are entitled to their views, nobody can deny that the 37 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Brian Lenihan.] Government took brave and decisive steps when they were needed because we care about the economy and the citizens of this country.

(Interruptions).

Deputy Brian Lenihan: I again return to a speech earlier this year by President Obama about the banking crisis in the United States.

Deputy Michael Ring: Poor old President Obama is in trouble.

(Interruptions).

An Ceann Comhairle: Allow the Minister to finish his contribution — he is coming to the end.

Deputy Pat Rabbitte: Give us another bar of Obama.

Deputy Brian Lenihan: President Obama said, “. . . whether we like it or not, history has shown repeatedly that when nations do not take early and aggressive action to get credit flowing again, they have crises that last years and years instead of months and months — years of low growth, years of low job creation, years of low investment, all of which cost these nations far more than a course of bold, upfront action.”

Deputy Bernard J. Durkan: It could be prophetic.

Deputy Brian Lenihan: NAMA is our bold, upfront action. I commend the Bill to the House.

(Interruptions).

Deputy Pat Rabbitte: The Minister did not get applause like that since the medical cards.

Deputy Richard Bruton: I move amendment No. 2:

To delete all words after “That” and substitute the following:

“Da´il E´ ireann declines to give the National Asset Management Agency Bill 2009 a Second Reading because:

1. The Government has published neither the Bacon report that underpins the NAMA proposal nor any proper analysis of this enormous initiative in terms of:

a. The enormous risks for taxpayers of using a dubious and politically influenced valuation methodology to pay \90 billion for assets of highly uncertain long-term value;

b. The growing doubts regarding its impact on bank lending;

c. The growing concerns from creating a secretive, politically directed, state- managed, tax funded work-out process for 1,500 property developers.

2. The Government has not facilitated a review by the Oireachtas of independent analysis of alternative banking solutions which international evidence suggests are likely to be more effective at getting credit flowing, less costly and fairer for the taxpayer and less vulnerable to political manipulation and business lobbying.”.

This is a decision of truly enormous proportions. The Minister is asking us to make a commitment on behalf of the taxpayer today of \54 billion. That is the highest commitment ever made 38 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage by any Minister in any Act before a Parliament. It represents for every family in the country \34,000 of mortgage that they are being asked to pay in order to purchase these impaired loans from the banking system. The crisis we are now facing has not happened because some tsunami has swept onto our shores from international waters and engulfed us. This has happened because of catastrophic policy failures. It was the Government’s regulatory system that failed to call a halt. It was its public finance policy that led to reckless overspending and exposure of the taxpayer. With its system of cosy relationships, it refused to confront problems and instead sought to buy them out and cosy its way around them. It is those problems that have left us in the hole we are now in. Those problems led to the easy money and the runaway property bubble that have brought our people to their knees. The taxpayer is being asked today not only to buy these impaired loans, but as the Minister has said also to pay \7 billion extra for them over their market value. That is an extraordinary amount of money. Remarkably, this extraordinary decision is being taken without any forensic analysis of the costs and benefits of this approach or of the risks and threats that are clearly involved. It is happening at a time when funding is being slashed for many important needs in our community, including investment in vital infrastructure, care for extremely sick people and support for disabled children. It behoves us to treat this as real money because real money is what it is. This \5.4 billion is not, as the Minister for Defence, Deputy Willie O’Dea, seems to think some sort of fairy money on which we do not need to pay the interest or ultimately pay it back. This is real money. We pay the interest on it and we need to pay it back. It ultimately falls on the taxpayer and our children who need to service that debt. Let us be under no illusions about the decisions we are about to take. If we get this wrong — I believe we are getting it wrong — we will undoubtedly prolong the recession that our people will face. We will increase the number of job losses in businesses around the country if we get this banking solution wrong. Let me try to assess what we have heard today. We have heard that the write-down is to be 30%, which is strikingly low. On behalf of the Green Party, Ministers and spokesmen were saying it needed to be at least a 50% write-down on the loans. We have now moved away from that. As recently as 31 August the Minister advised the Oireachtas Joint Committee on Finance and the Public Service that we were protected by an equity buffer of 25% in these loans. Today, the Minister was forced to reveal that that is not 25%, but half of that and he has only taken one element into account to determine that half of it has disappeared and that is rolled up interest. I wonder how much more will disappear before we find the truth of the matter. We were told that the \7 billion step-up would be allocated 50-50 between senior and subordinated bonds. However, it is not being shared 50-50. Only one third of the extra will be shared through subordinated debt. Already, what seemed to be pillars of the new approach are being hacked away at. Remarkably, we are told the taxpayer must pay a 15% mark-up on the value of the loans. Where is the underpinning for that? What evidence has the Minister offered to support his contention that we must pay that? He suggests there will be a bounce-back in prices of at least 10%. Where is his evidence? A reputable commentator — one of the few who forecast the crash — has told us a further 20% fall in property prices is likely.

Deputy Damien English: At least.

Deputy Bernard J. Durkan: That is correct.

Deputy Richard Bruton: The Minister is assuming, for this exercise, that not only have we reached the bottom but we are about to bounce back. Yet he has not offered supporting 39 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Richard Bruton.] evidence for this. It is extremely worrying that we are being asked to make this decision without access to proper evidence. This goes to the core of the issue. One thing Irish people have learned over the last seven years is not to accept glib assurances from Ministers that everything will turn out all right on the night. Many of those who are telling us today there is no alternative to NAMA are the same people who told us the property price rises were based on sound economic fundamentals.

Deputies: Hear, hear.

Deputy Richard Bruton: They are the same people who were telling us there would be a soft landing. They turned around to the critics and said it was an act of national sabotage to criticise the wonderful policies the Government was pursuing. These people are now hatching up the idea that there is only one game in town. The new creed is the notion of long-term economic value, which has replaced the concept of sound economic fundamentals. It is telling us that for these people the dream lives on: a bounce-back is just around the corner.

Deputy Brian Lenihan: Over ten years.

Deputy Richard Bruton: We cannot risk public money on the back of an assurance by the Minister or anyone else. The Irish taxpayer is being asked to pay more than the value of these loans because the Minister or one of his advisers believes things will be rosy. There is no buyer who goes out and pays over the ante in the marketplace on the basis that things will get much better. There is no sound reason the Irish taxpayer should be paying over the ante either. There are also those who say to us we should don the green shirt. Now is the time to rally round; let us all put our shoulders to the wheel. People who say we should support proposals whether they are right or wrong are leading us down the wrong route.

Deputies: Hear, hear.

Deputy Richard Bruton: That view is wrong. The history of this House is strewn with cases in which Irish people have paid dearly because important questions were not asked or, if asked, were not answered. I am determined that we will not leave questions unasked and unanswered in this debate.

Deputies: Hear, hear.

Deputy Richard Bruton: I have also heard the argument of political opportunism — that the Opposition should let this go to avoid facing difficult decisions. That, again, is a dangerous route. The patriotic thing to do now is to ask the hard questions, put this under real scrutiny and expose the fact that we are making a mistake. We are embarking on a ship that is not seaworthy and heading in a direction that will not save the Irish taxpayer or the economy. We must, even at this late stage, reconsider what is at stake. This is a major decision and we must do everything in our power to get it right. It has engendered unprecedented debate, as any Member who looks at his or her e-mails every day will see. We should be proud that people are really engaged. There is intense anger and rage at times about what is involved, but we must channel that rage to make sure we decide on this proposal in a mature way. We are determined in this Second Stage debate — the debate on the principle of the Bill — to fight tooth and nail against this decision, because we are convinced the Minister is making a mistake we will pay for. 40 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Our approach to resolving the banking crisis starts by determining the problem we are attempting to solve. We need to get credit flowing for ordinary businesses and families so that jobs can be protected. That is what we need to do, not bail out bankers or developers. We must sustain a financial system that can support employment. At times the Government has lost sight of this important distinction. It is a distinction economists would make: which parts of the bank are systemically important and which are not?

Deputy Michael D. Higgins: Yes.

Deputy Richard Bruton: The Government is unwilling to discuss the notion that there are elements of the banks that are good and need protection and elements that are bad and do not need to be protected. Fine Gael’s approach to this has led us to separate the flow of credit solution from the bank resolution solution. We are doing that for sound reasons: we can use public money more effectively if we make that distinction. This means establishing a national recovery bank and using \2 billion of taxpayers’ money to put credit straight into the arteries of businesses who need it. This idea was debunked by Ministers and spokespersons on the other side, I recall a mention of fantasy banks. However, such a scheme was up and running in France within months. RTE had a piece last night in which this was described. This is not something that is bizarre and extraordinary, as Ministers would like to pretend, but something other countries are doing, which is working. These institutions are providing credit to businesses who will not get credit from zombie banks. That is an important point. The second phase should be a bank resolution system which is designed to give the banks themselves the opportunity to work out their problems. They created them; let them work it out and take the primary responsibility.

Deputies: Hear, hear.

Deputy Richard Bruton: We will stand at the ready to protect and save what is systemically important in the banking system so that if the banks cannot meet stress tests and must come to the State for aid, it will clearly be on the basis of saving what is important — the parts that will keep our economy, our businesses and our families going — but leaving certain investors to deal with the toxic loans and the bad decisions they made. That is an important distinction. This approach to bank resolution has many positive aspects that do not feature in NAMA. The risks and the responsibility for working out problems will remain with those investors who created them and the losses that occur will be first borne by those professional investors who made them. That is an important principle and goes to the core of many people’s concerns about NAMA. It also establishes a way of accessing money from the ECB and from markets, not to support impaired loans and nurse them along but to get money to businesses that need it. This is also important. It avoids creating a State-run property monopoly with all its attendant dangers, which have been analysed elsewhere, and exposure for the taxpayer. If there is one thing we have learned in 20 years of politics it is that if we mix political power with property ambitions it is an explosive combination and contrary to the public interest. The idea of a State-controlled monopoly, operating in a secretive way, is going back down a road we should have learned, at our cost, not to embark upon. Our proposal also offers a coherent framework not only for this banking crisis but for the behaviour of banks in the long term. We, the Oireachtas, and the Irish public see a distinction between what is systemically important within the banks and deserves our support and protection, and what is not. We will know the sort of lending practices and activities that we will not 41 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Richard Bruton.] be supporting, and banks will know about this approach now and for the future. This is an important principle that we ought to enshrine in our approach to this. Most importantly, the proposal does not use scarce public money to nurse along the impaired loans but to help with export-led recovery. It avoids the debate about the need to value these impaired loans, where there are major risks even if we are using market values, as many have pointed out. It also avoids us crystallising all these losses up-front, which we do not seek to do. I heard the Taoiseach say this process is all about crystallising losses. It is all very well to talk about crystallising the losses, which were created by investors in the bank, but the impact for the Irish taxpayer of the crystals the Taoiseach talked about creating will be felt like shafts of glass in terms of what he or she will have to pay. That is the crystallising process the Taoiseach is creating.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Richard Bruton: The Taoiseach is shifting the burden from where it was created to the taxpayer. That is not the correct approach we should adopt. NAMA fails the critical tests of being effective, fair and of involving the least cost. It does not square up to those criteria. Its origins do not start with the needs of enterprises and families. It does not distinguish the important part of banking from the unimportant part. It is built on the silly notion that in order to protect our reputation we have to stop the laws of capitalism as it deals with investors, bondholders and subordinated bondholders in our banks. It places the objective of keeping the banks in private ownership on a pedestal above all other considerations, a pedestal on which it does not deserve to be placed. Having listened to what the Minister said and the various changes announced or suggested by backbenchers, the fundamental principles of NAMA are still the same. It is the determination to pay hope value for these loans purchased, \7,000 million in excess of their actual market value. Asset recovery will still be operated as a politically controlled bureaucracy. The conduct of this public business will be done under a veil of secrecy. There is an innocent faith at the root of it that the banks will suddenly lend. It is now the eleventh hour and the legislation is about to be passed and we have yet to see any aspects of the mechanism the Minister has told us he is dreaming up to make sure that NAMA gets credit flowing to business. We have been told that a mechanism is being hatched together——

Deputy Brian Lenihan: There is a mechanism for cash bonds at 1.5%.

Deputy Michael Creed: For its balance sheet.

Deputy Richard Bruton: ——which will be revealed at some stage during the debate. We are embarking on paying out \54,000 million of taxpayers’ money, yet we will now have to wait until Committee Stage to see if it will result in credit flowing to business. Does that not put a huge question mark over the thinking that has gone into this legislation?

Deputies: Hear, hear.

Deputy Olivia Mitchell: It is a question of priorities.

Deputy Richard Bruton: Once one decides to pay hope value instead of market value, one destroys the concept of fairness. It implies that taxpayers are being forced to pay more for what they are getting than what they ought to pay. That approach destroys the concept of fairness. 42 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

There is plenty of international evidence to show that the state is not good at running asset recovery. When political objectives are involved — one of the Government’s considerations is to bring new political objectives such as various social objectives into the asset recovery process — and once one starts down the road of making political deals, sweetheart deals and special concessions for some social purpose, the evidence shows that one undermines and destroys the capacity of an asset recovery system to work. The Minister’s assurances are worth very little when the evidence shows that these systems have not worked where they have been tried elsewhere. They worked in one country, Sweden, which nationalised its banks first and then ran a tight system. However, let us be clear, Ireland is not like Sweden. When it comes to the relationship between property and politics and business, Ireland is not like Sweden. We have to put in place protections, which the Swedish people appear to have in their DNA.

Deputy Michael Creed: We need some genetic engineering.

Deputy Richard Bruton: I have heard the Minister say time and again that the collapse of Lehman Brothers is the reason we have to protect everyone. He has learned the wrong lesson. The problem with Lehman Brothers was that its collapse spread panic because there was no framework for managing what it was doing. It was not the case that it was letting investors and bondholders suffer losses; that was not what was wrong. However, the Minister seems to believe that if we let any bondholder in our banks compulsorily lose money the world will fall in on top of us and we will not be able to borrow any more. Let us be blunt; these debts were not debts of the Irish people.

Deputy Michael D. Higgins: They were gambles.

Deputy Richard Bruton: There were not raised on behalf of the Irish taxpayer.

Deputy Sea´n Barrett: Hear, hear.

Deputy Richard Bruton: The taxpayer does not have an obligation to meet them. The interests of foreign investors considering investing in Irish Government paper are the same as those of the Irish taxpayer. They want to see a government that is frugal with its money and that will not be a soft touch for bankers who have made bad investments.

Deputies: Hear, hear.

Deputy Richard Bruton: They want a government that will be careful and will approach banking, as it does ever other issue, in a tough-minded way. The mistake the Minister is making is that he believes that bondholders cannot discriminate between investments made in banks and investments made in a sovereign state that is determined to manage its affairs effectively. That mistake underlies the Ministers’ approach. We are making an enormous decision in this legislation, one involving \54,000 million, \34,000 for every family. One would expect that a cost benefit analysis would have been produced. For a project that is less than one in 2,000 the size of this project, the Minister requires that a detailed cost benefit analysis must be prepared. Where is the cost benefit analysis for this project? Where is the White Paper? If a defence policy initiative was proposed, a White Paper would be prepared outlining the pros and cons of it, the costs and the benefits and the reasons it is proposed. Where is the White Paper on this proposal or any of the evaluation of the potential threats, risks and downsides of this as well as the potential benefits? No such analysis has been provided. All we have is 11 pages from a consultant who was hired by the Minister to provide a consultant’s report. We have not even seen his full report. 43 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Richard Bruton.]

The chief executive of the NTMA was kept out of the loop and therefore did not have an opportunity to evaluate the proposal. The Central Bank has not offered any evaluation of the proposal. It has said that it backs it without any evaluation. Where is the hard-nosed evaluation that we would expect on even modest policy proposals showing the risks and the benefits and the analysis of the alternatives outlining their benefits and downsides? Instead we have been treated to highly polemical and political attempts to discredit any alternative. I have been exposed to it, as have other parties. We have heard of fantasy banks.

Deputy Brian Lenihan: Why did the Deputy not seek to have his proposals evaluated?

Deputy Richard Bruton: There was no attempt to have a serious engagement on these matters. That is one of the flaws in the approach.

Deputies: Hear, hear.

Deputy Richard Bruton: It is extraordinary that there has been a deafening silence. Those who are defending this approach are largely conscripts and people who have vested interests in the system. We need an objective debate on this. Let us not forget that these are decisions where the interests of taxpayers and the interests of investors in banks are pitted against one another. We have to make decisions that are based on proper understanding of those considerations. Taking the approach that it is five minutes to midnight, that we must get something through and we have been waiting too long to act, is not the way to make this decision. That would be a serious mistake.

Deputies: Hear, hear.

Deputy Richard Bruton: The way in which alternatives have been treated by other Ministers and by the Government undermines confidence in this debate. It has not been focused on defending what has been put forward in the NAMA legislation, the overpaying that is proposed. Why is it proposed to pay this long-term economic value? All the debate has been about the Government trying to discredit alternatives. Ministers need to have the confidence to put the analysis on the table. There is an analysis and the Government is defending what it is doing; it is not analysing the impact and pros and cons of it. We deserve to have such an analytical approach. One does not need to have a long memory in this House to remember a time when critics were brushed aside and told they should go and commit suicide——

Deputy Michael Ring: That is right.

Deputy Richard Bruton: ——because they were questioning pillars of Government policy. We were told that scarcely a year ago. The critics today are being treated in the same way. We need to heed the critics because we have to make such significant decisions. Certain disinterested evaluations of what is proposed has been made and a number of international sources have commented. The ECB has said beware of paying more than the market price.

Deputy Michael Ring: That is right.

Deputy Richard Bruton: ——but the Minister is insistent on doing it.

Deputy James Reilly: It is financial treason 44 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Richard Bruton: The Swedish Minister for Finance has said the Swedish model is entirely different from what the Minister proposes and it was based on tough hard-nosed approach to valuation, again something which the Minister rejects. The IMF warned of the pitfalls of seeking to avoid nationalisation as a guiding principle of policy and so forcing the State to engage in this charade of evaluations — again that advice is not being heeded. Patrick Honohan asked for a risk sharing mechanism that did not leave subordinated bonds of questionable value on the banks’ balance sheets but instead forced the shareholders and the investors to take risk in NAMA. That advice has not been heeded. The IMF in its study said that state-run politically controlled asset recovery management systems are not successful. Its advice is not being heeded. Serious international players are offering their views but those views are not being embodied in the Bill before us. That is something we cannot afford to ignore. There are precedents for a different approach. France embarked on the NAMA approach in the case of Cre´dit Lyonnais and 64% of the money was lost.

Deputy Brian Lenihan: They paid at 90% for the loans.

Deputy Richard Bruton: What is France doing now? It has switched to a national recovery bank along the lines proposed by Fine Gael. It is pursuing the approach we have adopted of getting credit going to the companies that need it and using ECB liquidity.

Deputy Brian Lenihan: For the existing banks, Deputy.

Deputy Richard Bruton: It is important for the Minister to remember that international best practice on the way to deal with a banking crisis has evolved since he first hatched the NAMA approach. At that stage, examples of recovery banks were not plentiful but now we have a very good example of a recovery bank that is even being reported on the national airwaves. Bank resolutions that separated good from bad and made the professional investors pay for their bad decisions were not plentiful but we have now plenty of examples, including Northern Rock, Washington Mutual and Bradford & Bingley. They are approaching the matter in the way Fine Gael has suggested, namely, separating what is important from what is not and protecting only what is important. Prominent people such as Joe Stiglitz, Paul Romer and Willem Buiter are now supporting the type of resolution we are proposing, as is the big investor, George Soros. Even the European Commission has said to the Government that it is wrong to say that bondholders cannot be forced to take a hit. In the case of Anglo Irish Bank it instructed the Govern- ment that it must not pay interest on the——

Deputy Brian Lenihan: It did not instruct us. The Deputy should stop misrepresenting the facts.

Deputy Richard Bruton: ——subordinated bonds that were involved in that case. Our approach to the debate is that we are determined to try to stop this Bill. We believe that it is a mistake, but we are not going to be pigheaded. If we lose the debate on the principle, we will persist in trying to get the best deal to protect the taxpayer in anything that goes ahead. We want to see amendments. We want to see a reversion to market value as the only basis on which taxpayers should be exposed. We want to see a willingness to allow involuntary losses for the subordinated bondholders in these banks. We want to see a satisfactory methodology of valuation that does not have Ministers at the heart of the appeal mechanism and no appeal system where it is proposed to pay too much for those assets. We only want an appeal mechanism where the banks feel they got too little. We want to see the flawed risk sharing proposal adopted by the Minister changed to one that is robust and of the type advocated by the current Governor of the Central Bank. We 45 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Richard Bruton.] want to see the unacceptable recovery system, which is shrouded in secrecy, exposed, with full disclosure and the protection of the Comptroller and Auditor General. He should be in a position to objectively advise the House on how business is being conducted on our behalf. We want to see proper Oireachtas oversight of this extraordinary animal the Minister is creating. We want to see robust mechanisms that will ensure liquidity flows. In our view, that robust mechanism is the establishment of a national recovery bank. We want to see that proposal embraced and included. We want to see proper disclosure of all beneficiaries. If the Govern- ment wins this principle, we need to remould this legislation from top to bottom. It is a dangerous piece of legislation. We have to move away from the principle. At this late stage I still appeal to the Minister to look at the alternative approaches that have been successful in other countries that have learned from the mistakes of NAMA, but the Minister is not adopting the lessons they have learnt. We need to pull back from the NAMA approach and set as our priority the creation of a vehicle that gets credit to people and businesses that need it. That has to be our top priority. The trouble is that what we are seeing today is that after almost ten years of bad management of our public finances, the Bill is coming home to the doorstep of the taxpayer. It is a bill for \54,000 million. We should not lightly ask the taxpayer to pick up that bill when there are many better alternatives that would be more cost effective, fairer and better for our country.

Deputy Joan Burton: As I listened to the Minister, Deputy Brian Lenihan, I thought that the title of his paper ought to be “More Fairytales from Merrion Street” because the Minister is more “Minister ONAMA” than he is President Obama. He treated us to quotes from Pres- ident Obama but I remind him that, if he bothered to read the quotes and their context, they were made after President Obama became President and in the context of various large banking institutions such as Fannie Mae and Freddie Mac already having been taken into public ownership. They were made after AIG, in effect, was taken into public ownership and, moreover, after a large swathe of Wall Street had been forced into mergers or been acquired and various large regional banks in the United States had either, in effect, been taken into public ownership or had been put into forced mergers and acquisitions. When the Minister chooses to quote I wish that he would at least do so in context if we are to have a useful debate in this House. I wish to call a spade a spade. The Minister read out a page of shame, namely, page 10, which gave a summary position of the book values of loans in the five banks. I will take him through it again. He said it is \24 billion in Allied Irish Banks, \28 billion in Anglo Irish Bank, \16 billion in Bank of Ireland, \1 billion in EBS and \8 billion in Irish Nationwide Building Society. I wish to say to the Minister and his cronies among the bankers and developers and cronies of Fianna Fa´il in the toxic triangle that Anglo Irish Bank, \28 billion, and Irish Nation- wide Building Society, \8 billion, mean Fingers and Seanie to some of us as we read about their capers in the newspaper.

Deputy Pat Carey: The Deputy should stop making allegations.

Deputy Joan Burton: They account for \28 billion and \8 billion of the \77 billion total. That is half of what the taxpayer will have to carry. Were any two bankers in the history of Irish banking and property development ever closer to the Government benches? If there were others, I do not know who they are. When Deputy Gilmore, the leader of the Labour Party, and I visited Merrion Street on the fateful night of the guarantee, I asked the Minister’s officials only two questions, as did Deputy Gilmore. We asked about those two banks and the effect they were having on the destruction of Ireland’s reputation, especially in London and New York. 46 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Michael D. Higgins: Hear, hear.

Deputy Joan Burton: All I can say is that the Minister told us then what he is telling us today: “Trust us, we are Fianna Fa´il. Everything will be all right.” That was what was supposed to happen in regard to the bank guarantee.

Deputy Brian Lenihan: My officials did not say that to Deputy Burton.

Deputy Joan Burton: We were told the fundamentals were sound by the Governor of the Central Bank and the head of the regulatory body, Mr. Neary. A whole series of other officials told us over and over again that the fundamentals of banking were sound. In the previous two years I questioned the then Minister for Finance, now Taoiseach, Deputy Brian Cowen, about his decision to allow the Quinn family and others to gamble on contracts for difference to reduce and avoid having to pay even the modest stamp duty charged on the gambling that took place in Anglo Irish Bank. The Minister has a nerve to come in here and criticise other parties who have nothing like the track record of Fianna Fa´il in terms of collaboration and collusion with some of those who have brought the Irish banking system to this low and who in doing so have put a debt on the head of every man, woman and child in this country of this generation and the next.

Deputy Bernard J. Durkan: Hear, hear.

Deputy Joan Burton: The Minister has a nerve to come into this Chamber and to attempt to cost what he says are the purported proposals of the Labour Party when he has not provided us with costings in respect of his own proposals. On the proposals, I expected that the Minister would at the very least have come into this Chamber with a business plan. Any small or medium sized business person heading into a bank on the high street in any village or town in Ireland would be required to outline to that bank his or her expectations in terms of cash flowing in and out of their business and to set out the reasons the bank should provide them with a loan.

Deputy Bernard J. Durkan: One would have a plan.

Deputy Joan Burton: Where is the business plan? Where are the projected cashflows of NAMA over its seven to ten year life span? A person wishing to purchase a house is required to bring to the bank manager details of his or her income and any other family income. The bank manager then works out what he or she may or may not be able to borrow. The Minister has come into this House and provided us with a series of summary figures — to which I will return later — which are grossly and grotesquely inadequate in terms of analysis and the respect he should have, if not the members of his party, for other Members of this House who have a mandate from their electorate to protect their interests. On the business plan, the analysis provided states that NAMA will pay \54 billion for the loans valued at \77 billion. However, the Minister in his speech states that some of the loans have been evaluated as good loans and others as distress loans, which I do not understand even having spoken about this to some of the people working with Minister. The Minister also states in his speech that 40% of the loans are income bearing. Is that correct?

Deputy Brian Lenihan: That is correct.

Deputy Joan Burton: Will the Minister provide us with an analysis of the broad make-up of the 40% of loans which are good loans and the 60% of loans which are distress loans? Unless we get a consolidated list in regard to each broad group of loans and each developer we will 47 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Joan Burton.] not be able to evaluate the Minister’s proposals. What the Minister is asking us to do is to trust Fianna Faíl. I do not trust Fianna Faíl and neither do most people on the street. Why does the Minister, on this important day, a day with a price tag of \54 billion, treat us this way and ask us to trust Fianna Faíl? This is not an episode of “The Simpsons”; it is the Daíl. This is not a case of “Trust me I’m Irish”, “Trust me I’m a Minister” or “Trust me I’m a TD”. This is a day for facts and figures that we can analyse. We need to be able to sit down and make some sense of the proposals the Minister brought before us today.

Deputy Brian Lenihan: This is the Second Stage debate and the information the Deputy has requested will be provided before the end of the debate.

Deputy Joan Burton: I admire the Minister’s English. I note the word “developers” has disappeared from the lexicon and that the “developers” have become “borrowers”, which brings to mind the Victorian child’s book called The Borrowers.

(Interruptions).

Deputy Joan Burton: I am sure there will be people researching the borrowers to see what was said about them.

Deputy Sean Sherlock: They were all very small.

Deputy Joan Burton: Yes, they were all small. The Taoiseach stated that the purpose of today’s exercise is to crystalise losses for the bankers and developers and also stated that this process is our equivalent of a stimulus package. Crystalising the losses for the bankers and borrowers — the developers — is one matter but where is the stimulus package? The Minister made references at the end of his speech to worthy intentions. The late nationalisation of Anglo Irish Bank, in respect of the \28 billion, was nationalisation of the worst kind, forced on the edge of a precipice when nothing else could be done. The managing director of that bank came before us and told us it was a zombie bank. I note that the Minister had nothing to say today in that regard. I presume he would have had something to say had it, if we are in a nightmare movie, become undead. The Minister never suggested it had become undead. Anglo Irish Bank and Irish Nationwide Building Society account for half of the \77 billion. Perhaps the Minister will tell us how much of the \54 billion they account for? I believe that there is a recognition among all parties in this House that there are different types of banks. Bank of Ireland and Allied Irish Bank are main street banks in which people all over the country lodge their money and from which businesses expect to obtain credit and loans. The folly of the Fianna Fa´il approach to the guarantee is laid out for all to see in this document. We went to the wall this time last year. The Minister stated at that time that we would be first-movers and that this would give us a tremendous advantage and sort of our liquidity problems but it never did, which is the reason we are here today.

Deputy Bernard J. Durkan: That is correct and we will be back again.

Deputy Joan Burton: Judging by the small print, if I am reading the figures correctly, we may be back here again. The Minister has been careful not to provide us with too much of a breakdown. Will the Minister explain this in a manner which ordinary business people can understand? He stated that it is hoped we will obtain a 10% to 15% premium in terms of long term economic 48 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage value. I received a letter the other day from a person who is falling behind in mortgage payments and is facing the prospect of house repossession. Does the Minister know what happens when a bank repossesses a house? People who work in the courts are concerned about the level of likely repossessions following passage of this legislation and Christmas. When a bank repossess a house, either through the courts or by agreement — many repossession cases do not reach the courts as many people simply hand over the keys to the house — it is empowered to sell that house for whatever price it can achieve.

Deputy Damien English: They can take the first offer.

Deputy Joan Burton: The bank does not give the unfortunate person who lost his or her job a 10% or 15% premium for long term economic value. Perhaps the Minister will explain this to the people of Ireland, in particular ordinary couples who may have lost their homes because, like a developer, they did not manage their financial affairs too well. We all understand how a developer might have been too optimistic and got somewhat carried away.

Deputy Brian Lenihan: There is no premium for any borrower, as Deputy Burton seems to be suggesting.

Deputy Joan Burton: The tables the Minister has laid out indicate that he is offering a premium by way of the long-term economic value of between 10% and 15%. We do not know the breakdown between the five institutions but that is how I have worked it out from what the Minister said in his speech and from the tables. Why do couples or businesses whose properties are being repossessed by the banks not receive a 10% to 15% premium in respect of their long-term economic value? The Minister is proposing that developers——

Deputy Brian Lenihan: Deputy Burton is wrong. Borrowers will get no premium and NAMA will pursue them for the money they owe. I ask the Deputy not to misrepresent this issue.

(Interruptions).

Deputy Damien English: The Minister needs to wake up to reality.

Deputy Joan Burton: Can the Minister tell us why the Bill contains no specific requirement to charge interest to borrowers and developers? There is a provision in various sections of the Bill for the possibility of charging interest, but our legal advisers, who have read the Bill carefully, have pointed out to us that there is no requirement to charge interest. That is not written into the Bill; there is a capacity to do so but it is not a requirement. I am sure the Minister is aware that developers have been walking around town happy in the knowledge that they will, under NAMA, have a holiday from interest payments.

Deputy Brian Lenihan: That is completely untrue.

Deputy Brendan Howlin: Is it in the Bill or not?

Deputy Joan Burton: The power and capacity to charge interest is included in the Bill but not the necessity to do so.

Deputy Brian Lenihan: We will include that provision in the Bill if the Deputy so wishes.

Deputy Joan Burton: I thank the Minister.

Deputy Eamon Gilmore: He should listen to us more often. 49 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Joan Burton: In the figure of \77 billion referred to by the Minister, the rolled up interest amounts to \9 billion. Although the Minister has not clarified this, that rolled up interest is generally thought to have occurred in the last two or three years. If developers end up securing an interest holiday for some years under NAMA, that alone could be worth another substantial sum of several billions to them. Moreover, when the judges were looking at——

Deputy Brian Lenihan: No interest holiday is planned. That type of misrepresentation is what poisons this debate.

Deputy Joan Burton: We have had senior counsel advise us on what is in the Bill.

Deputy Michael D. Higgins: Where is this issue referred to in the legislation?

Deputy Brian Lenihan: There will be no interest holidays.

Deputy Joan Burton: One of the issues identified as entirely fanciful last week by Mr. Justice Clarke in his adjudication of the case put forward by the Zoe Group was that KMPG included provision for an interest holiday in its presentation. Where on God’s earth did KMPG, a reputable firm of accountants, get this notion of a happy interest holiday or its equivalent for Mr. Liam Carroll? Did it pluck it out of the sky?

Deputy Michael D. Higgins: It is the story on the street.

Deputy Eamon Gilmore: We are getting to the bottom of it now.

Deputy Damien English: The builders are already getting a holiday.

Deputy Joan Burton: The toxic triangle of Fianna Faíl, bankers and developer-borrowers must be dealt with. I will send the relevant sections of the Bill to the Minister. I acknowledge that he wrote to me yesterday to indicate his intention to amend certain sections at the request of the Labour Party arising from legal advice we received on current crisis conditions. I will send him the further legal advice to which I referred. An undertaking by the Minister to amend the legislation in this respect would be in the public interest. Like one of the characters in Alice in Wonderland, this legislation requires the public to believe six impossible things before breakfast, all of which come down to a question of trust. Do we trust Fianna Faíl and the Minister for Finance to head up the largest property firm on the planet? Do we trust Fianna Faíl not to bail out the bankers and developer-borrowers? Do we trust the Minister who claimed that the blanket guarantee he introduced for the financial institutions last September would be the cheapest bank rescue in the world? Do we trust a Taoiseach who pleaded that Ireland’s economic fundamentals were sound when it was plain to see we were teetering on the brink of disaster? Do we trust a Government that inflated a property bubble, ignored all advice to curtail property-based tax incentives and buried its head in the sand when the house of cards collapsed? Do we trust the Green Party to put the country first or will it stay in office at all costs? The people are giving their verdict on these questions. We are receiving mountains of e- mails and letters pleading with the Government to change course, because these correspondents know we are heading for disaster. Fianna Faíl’s rock-bottom standing in the polls is an indication of the public perception that its trust has been betrayed. People see the modest prosperity they have built up through hard work in the last 15 to 20 years slipping away from them. This is the painful reality for many. People are angry and cannot fathom why the Minister for Finance wants to pour \44 billion into the very financial institutions that hold their mortgages, many of which are now in negative equity. People no longer trust Fianna Faíl on the economy. 50 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

During the summer I submitted a freedom of information request in respect of site acquisitions for schools in my constituency, which is also the Minister’s. In the last ten years, there has been one gigantic battle after another when 200, 500, 700 or 2,000 houses were built in various developments in Dublin West. Substantial amounts of land were rezoned and it was only after this rezoning that school sites were acquired from the relevant developers. I asked the Minister for Finance and his predecessors and the various Ministers for Education and Science in the last seven years to disclose what Fianna Faíl was paying to developers for school sites. This summer, through a freedom of information request, I finally obtained the information I required. It simply confirmed what I already knew, namely, that the Fianna Faíl way was to pay maxi prices for mini sites. Many children in my constituency are now going to school in modern, recently built schools, but the playgrounds attached to many of these schools are merely small strips of land on either side of the main buildings. The developers involved, having bought the land at agricultural prices, then sold the rezoned land back to the Government for an average of at least \1 million per acre. One of today’s newspapers includes details of my freedom of information request. This shows that one particular developer, Manor Park Homes — sometimes referred to as King of the 6 o’clock Castle, for reasons of which we are all aware — received two tranches of some \5 million for a very small site to house two quite large primary schools. The other developers, Menolly Homes and Park Developments, also received fistfuls and shed loads of money for school sites. The Taoiseach stated earlier on the Order of Business that nobody on this side of the House said anything about all of this. In the last Daíl, the leader of the Labour Party brought forward a proposal to take this type of profiteering by developers at the public’s expense out of the trade in building land. The Taoiseach was incorrect when he held up his hands today and said that nobody on the Opposition benches did anything to address these issues. My party did so and I am sure the Fine Gael Party can point to many measures it offered. It is great fun for the Minister to slag off the Opposition as it gets a laugh from his back benches. However, in the case of other countries which worked their way out of similar problems——

Deputy Bernard J. Durkan: One no longer hears laughter from the Government back benches.

Deputy Joan Burton: When Mr. Bo Lundgren, whom the Government praised to the skies, visited Dublin some months ago he made three points. He suggested one should not pay more than market value, which means we should not pay a 10% or 15% long-term economic value premium. He then suggested that when a country finds itself in a grave position, as Sweden did at one time, the appropriate and best recourse was temporary nationalisation of important institutions. The most important issue, however, was to have transparency so as to enable those in opposition to have a clear understanding of what was happening. On the nine o’clock news last night I watched bankers walk up Merrion Street and enter the Minister’s office to receive a briefing in which they were told the real figures. I felt a sense of rage when I saw the clip given the decision to refuse my requests to the Minister’s office, which I made as an Opposition spokesperson yesterday and the day before, that I receive a briefing on an embargoed basis. The Labour Party, Fine Gael and Sinn Fe´in have always honoured such embargoes. We first received the information when the Minister addressed the House. As we try to solve a problem that risks overwhelming the country, there is something wrong when the Minister chooses to call in the bankers, rather than Deputy Bruton or me, for a cosy fireside chat. On the news last night we saw civil servants pulling down the window blind in the Mini- ster’s office when his face came into view. 51 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Brian Lenihan: There were no bankers present at that stage.

Deputy Joan Burton: The Minister called in a man who stated last year that he would die before he would accept State equity. Last night, we saw the same man smiling for the camera as he entered the Department of Finance.

Deputy Bernard J. Durkan: It is no wonder.

Deputy Joan Burton: He looked like a happy camper. What does he know that we do not know? What we heard today was not fantastic news for the poor taxpayers and citizens who the Minister will ask to take cuts in services and wages and further tax increases in the next few weeks. Last night, I was reminded of a line from a song, “As he walked along the Bois de Boulogne with an independent air”, except the location in this case was Merrion Street. Does the Minister remember the old British music hall song about the man who broke the bank in Monte Carlo? Yesterday, we had some of the men — if I may allow myself a less than worthy comment, all of them appeared to be men — who broke the bank strolling down Merrion Street looking much happier than the Minister for Defence, Deputy O’Dea, and others on the Government benches earlier this afternoon. The Ta´naiste does not look happy either. What did the Minister tell the bankers that made them feel happy. Will they get more bailouts? Is there more money to come? This time last year, the Minister told us his bank guarantee was the best in the world and would work a treat. It did not work and some weeks later he told us a little recapitalisation would be required. Some time after that, he returned to tell us Anglo Irish Bank would have to be nationalised. The Labour Party has offered the Minister a mechanism which would allow him to neatly do the job in hand. In most European countries public ownership has been used in two ways. First, it is used when private capital fails to invest and advance a project — electrification in the early years of this State is one example — and, second, it is used when private capital fails. The banking industry has failed because it was caught in a bubble concentrated on property. The Minister referred to Japan. The proposals he laid before us today indicate we are taking the Japanese as opposed to the Swedish route. Newspaper reports have referred to a preferendum of Green Party members. It seems party members inclined to the Swedish rather than Japanese model and we all understand the reason they did so. We should recall that when faced with a banking crisis the Swedes temporarily nationalised those banks that were in a desperate position. The Labour Party is perfectly happy to take a similar course of action here. My party has suggested a remedy to address the fear expressed by some that nationalised banks could be subject to political interference. We propose the establishment of a banking commission to supervise the nationalised banks at arm’s length from all politicians. We also advocate that nationalised banks maintain the market disciplines of reporting on a quarterly basis, as they do when they have a stock exchange quotation. Nationalisation in this context would be temporary and would be done for rescue purposes. In light of the blanket guarantee, it would not be possible to proceed with some of the other alternatives that have been put forward. The Minister also announced that the blanket guarantee will continue on a roll-over basis for five years. It is disingenuous of the Minister and his adviser, Dr. Alan Ahearne, to suggest NAMA will, to use Dr. Ahearne’s phrase, wash its face. The tables indicate that the bonds will be six to 12 month bonds which will be subject to an interest rate of 1.5%. One does not have to be an economist to know that as other European countries emerge from recession and their econom- 52 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage ies stabilise, the European Central Bank will start to gradually increase interest rates. For this reason, the 1.5% rate is only likely to last for between six and 18 months up to a maximum of two years. I repeat my earlier call on the Minister to produce a business plan which sets out the flows of the bonds and their likely cost over their ten-year life. The subordinated bonds to which the Minister referred do not constitute risk sharing, as proposed by Professor Honohan. His proposal was that bank shareholders be given a share in NAMA to ensure that the banks share the risk and to incentivise them to make the agency work as well as possible. The Minister, however, is proposing to give subordinated debts or bonds to the banks as part of the overall package. While I do not know how the market will price the bonds of \54 billion, they must, under ECB rules, be available for trading and sale on the open market. The Minister did not address what will happen to the bonds over their lifetime. To place all of them on the open market at the same time would mean having a huge competitor flotation of Irish debt on the market at a time when the National Treasury Management Agency is trying to raise approximately \1.5 billion per month in bond auctions. We want issues such as this spelled out to enable us to understand them. I hope the Minister does not believe he has some magical formula at his disposal that will not impose a cost on taxpayers because no one in the bond markets believe that is the case. Once the bonds are issued, they will rank in traders’ minds as Irish Government debt. Does the Minister agree?

Deputy Brian Lenihan: Not necessarily.

Deputy Joan Burton: It may not necessarily be the case but it is highly possible. Is it probable?

Deputy Brian Lenihan: Is the Deputy referring to the main bonds or subordinated bonds?

Deputy Joan Burton: I refer to both types.

Deputy Brian Lenihan: Both.

Deputy Joan Burton: The second set of bonds might be discounted for the risk factor and the interest rate might be higher, but once the main bonds are issued they will be treated by the markets as, in effect, becoming part of Irish Government debt. They will be called NAMA bonds. In his report to the Minister for Finance, the economist Dr. Peter Bacon said:

Creditability is the overriding requirement of any proposal which is going to be successful in addressing banks’ capital adequacy issues. This requires firstly that the operation be entirely transparent, that the resulting fiscal cost can be absorbed, and that the Government’s prospective debt profile is a sustainable one. Another necessary feature is that NAMA should operate independently and without interference in the discharge of its functions.

Our criticisms can be summarised as follows: NAMA’s operations will not be transparent; the resulting fiscal costs cannot be absorbed; and the Government’s prospective debt profile, in the way the Minister is doing this, is potentially not sustainable. In addition, NAMA will not operate independently and without interference in the discharge of its functions. That is because in every line of the Bill, the Minister has the power to direct, commit and order. While NAMA is finding a temporary home under the auspices of the NTMA, the reality is that NAMA is a cuckoo in the NTMA’s nest because it is subject to the 53 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Joan Burton.] Minister’s rule and diktat. The Bill makes it clear that the NTMA will have no functions whatsoever in the governance, direction or management of NAMA. It can, therefore, be argued that in its current form the Bill departs significantly from the proposals made by its original promoter, Dr. Bacon. For that reason we ask the Government to reconsider the Bill, withdraw it and produce a new Bill that seeks to address the serious issues facing the country. I am not convinced that the Bill will do very much for the 450,000 people who have lost their jobs. I am not sure how much the Bill will do to release credit into the economy. Like the guarantee this time last year that was supposed to do the same thing and deal with liquidity, I am not convinced this Bill will do so. Therefore, the Labour Party is asking the Minister to withdraw the Bill and bring forward amended legislation, or the Government could bring forward the Labour Party’s proposal, which has been used around the world as the best possible remedy. I will finish by quoting from the report of the International Monetary Fund: “Insolvent institutions with insufficient cash flows should be closed, merged or temporarily placed in public ownership until private sector solutions can be developed.” There have been numerous instances — for example, Japan, Sweden and the United States — where a period of public ownership has been used to cleanse balance sheets and pave the way to sales back to the private sector. The Labour Party believes that is the best solution. It is the only solution that is really possible in the context of the blanket guarantee the Govern- ment gave this time last year. We recommend that to the House.

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): This Bill is designed to get people back to work. Deputy Burton suggested that there might be political advantage to staying in Government at the moment — that it was an easy call to stay in and it would be good for a political party.

Deputy Ruairı´ Quinn: In the Minister’s case, when he contemplates the alternative, it is the only one.

Deputy Eamon Ryan: It is not an easy time in Government——

Deputy Thomas P. Broughan: The Minister sold out.

Deputy Eamon Ryan: ——but it is a time when one can do a significant amount of good. One can make effective change for the sake of the common good, particularly if one saw this crisis coming, as the Green Party did. Only two and a half years ago, while in Opposition, I saw the obsession with property taxes. We were told we had to keep house-building going and cut stamp duty. In the seven years I have been a Member of this House, I heard that mantra from just about every party, except the Green Party.

Deputy Eamon Gilmore: Not so.

Deputy Eamon Ryan: In my experience of looking at the kernel of this problem, which party can hold its hands up and say its members have not been engaged in the most reckless and now clearly wrong zoning?

Deputy Eamon Gilmore: We were not.

Deputy Eamon Ryan: It was the kernel of the problem we had. More than any other party, we said it was wrong. 54 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Joan Burton: The Minister should ask about how it started.

Acting Chairman (Deputy Johnny Brady): Please allow the Minister to continue.

Deputy Eamon Ryan: What other party but ours saw the growth illusion for what it was? We were told we could have constant growth and that markets would rise forever. We were told that Celtic tiger growth of 7% or 8% per year was ordained to last forever and a day. What other party but our own went into the last election with the lowest growth expectation?

Deputy Fergus O’Dowd: The Minister went in against Fianna Fa´il and now he is their bondsman and their bailsman. He is bailing them out.

Acting Chairman: Please allow the Minister to continue.

Deputy Eamon Ryan: Having seen this problem coming, we are well placed in Government to help the country get out of it. It is a hard time to be in Government, but I believe it is the right time for the Green Party to put its vision into action for it is a time of real change. We will ensure that there is change in the strangely conservative and reckless banking system we have, conservative in that it was obsessed with property as the only area in which it saw enterprise as being possible, and reckless in the way that it let property lending go. We will change that. We are already starting to introduce change in the planning system, which no one else was able to do for 30 years, to end the blatant wrong whereby speculative profit could be earned from a public good, which was the rezoning that took place in that time. We are changing that and can make further changes in our planning system learning from the mistakes that have been made. More than anything else we can change the spirit of enterprise in this country, to create a new model which is truly sustainable and gives our people not just an economic mantra for growth, but also an economic model which delivers cultural change. It will also deliver a sustainable future that people can be proud of and buy into not just for economic benefit, but also because it is the right thing to do. It is a hard time in Government and hard decisions must be taken, which provide no political advantage. They are easily picked up by the Opposition with trite soundbites that do not go into the complexity of the issues, which are hard to explain. It is hard sometimes because the information one has cannot easily be shared when it comes to financial and commercial markets. Many commentators are making comments without being apprised of the broad information one has within Government and which sets the environment within which decisions have to be made. We have been in Government for the past year when, on a series of occasions, action needed to be taken and decisions made. That was not easy but we have made our contribution and will continue to do so for the national good. It was not easy taking that decision on the guarantee, but I ask anyone else even with hindsight to put themselves in the Government’s shoes when there was the real prospect of banks not having money to open the next day. Would they have called the decision otherwise in seeing what they could do to take the country through this difficult time? If they called it another way, what would they do in such circumstances? While that guarantee was a difficult decision and has consequences — we said at the time that it was not without risks — it is one that may be part of a series of decisions that will help us to get out of these difficulties. Similarly, when it came to the nationalisation of Anglo Irish Bank, we looked into the corporate governance issue and found there were serious problems there. We could not give that bank carte blanche to continue as if there was not a serious corporate governance problem. We 55 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Eamon Ryan.] have to respect the separation between the political and criminal justice systems. Much as we would like to see people being brought to book for that — being led away quickly in handcuffs, as they can do in America — we had to make those decisions in a responsible and correct way, putting in the necessary criminal investigations.

Deputy Kieran O’Donnell: The taxpayer is taking over \28 billion from Anglo.

Acting Chairman: Please allow the Minister to continue.

Deputy Kieran O’Donnell: The Minister is incompetent.

Acting Chairman: Deputy O’Donnell should have some manners.

Deputy Eamon Ryan: Yes it is, but in failing to do so the difficulty would be that the failure of one bank would lead to a failure in another. It would lead us to the same problem we had at the start, which would have been a systemic failure in our banking system. It was not easy to make the decision to put money into AIB and Bank of Ireland, but I believe it may be a decision from which we can ultimately profit. We can turn the situation around and get our shares transferred to a price that is much higher than they were issued for back in February or March last year. Those were not easy decisions but they had to be made. We have to make further decisions. I recall attending the NTMA offices in February when the country was in crisis. People did not realise the extent of the liquidity crisis. It was a close call daily to have enough money to keep our banks open and to keep Government borrowing coming in. NTMA officials said we had to raise a significant bond, which could be put into our banks to take out the bad assets and to give us time to get this to work. Let us get the patient on to the operating table and then into intensive care before managing him or her over time. I left that meeting with a sense of conviction and urgency. We could not let the country fall and we had to do something significant to prevent it. I have been absolutely open to other suggestions about how to address this over the past six months. The first time I was in the House following the February meeting I sat beside the Minister for Finance and I said to him that we would have to nationalise the banks. I could not see any other way out because the scale of the problem was so great. However, I have examined the issue over the past six months and while nothing is certain, no one should make categoric statements in the House about what is right or wrong. We are dealing with markets comprising human beings, which react together in different ways, and it is not easy to judge how they will go. All the evidence suggests that if we nationalise the banks, it may be difficult for the country to secure money. The international markets might say there is too much risk in Ireland and they may hold money back or send it to Austria or Sweden or they could demand a higher price because of the risk all being rolled up into one. I cannot be absolutely certain what is the rate of risk but it is a potential cost and we could pay much higher interest rates that would quickly clock up a significant bill. There is also a risk that if we try to run the entire banking system, we will not do a good job. We can take certain actions in the political system but we would not run the banking system well. As hard as Department of Finance officials have worked over the past year, they do not have the resources to run the system. A proportion of the system must be in the market in order that supervision, independence, expertise and funding is ensured. There are costs involved. It is easy to think that it will all be sorted through nationalisation and the valuation process, but that would not reduce the cost of capitalisation that would have to be provided. The losses on the loans will still occur and the State would have to pay for every loan. NAMA will not take 56 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage on loans worth less than \5 million, which are hassle to work out, but they would have to be taken on if the banking system was nationalised. I totally respect people’s right to come up with alternatives but the complex implications and costs behind such decisions must be examined. I have no objection to Deputy Bruton’s good bank proposal but if one examines how it would work rationally, it is difficult to see how \2 billion in taxpayer’s money could be turned into \30 billion or \40 billion to buy the good assets.

Deputy Damien English: It is not that hard. The Deputy explained it.

Deputy Eamon Ryan: I do not see where they money would come from.

Deputy Kieran O’Donnell: It is new lending.

Acting Chairman: The Minister without interruption. The Deputy will have an opportunity to contribute later.

Deputy Kieran O’Donnell: I am entitled to reply.

Deputy Eamon Ryan: I also have a concern about the delay in addressing the fundamental difficulties in our banks that would result from this proposal. In addition, Fine Gael referred to the possibility of defaulting on subordinated debt. I agree it would not be difficult for us to say to bondholders that they took a risk, which will lead to a loss. However, if one examines what has happened in our banks, that loss has happened. The bondholders have taken a hit of up to 75% in some cases. I do not see where that magical, easy source of funding is in terms of tackling bondholders. The other alternative proposed is the default option, whereby we default on our bondholders.

Deputy Damien English: The banks would, not us. There is a difference.

Deputy Eamon Ryan: There is a difficulty with this in that even if the State defaulted on senior debt bondholders, it would have to go back to them the next day seeking money for the banking system or Exchequer borrowing and that could be more difficult to secure. One cannot be certain but the Government has to take that risk into account. It is easy on a hypothetical basis to say we should try this idea, but the Government has to take that risk on behalf of the people and there is also the potential risk of having to pay higher rates of interest. Approxi- mately 70% of bonds will mature before the expiration of the State guarantee next September. If we take the default option, there is a risk of a flight of money out of our banks and we will be back to September 2008 again facing the difficulty of keeping money in our system to sustain lending. This would not be done for the sake of the banking system. If banks do not have money, they cannot open on Monday morning and cater for the housewife who wants to draw down money for her family or for the farmer who might want to buy seed. This money would not be for the banks but to keep the system going. When one considers the various options, NAMA is complex but a number of its features stand to it. First, it will be low cost. The NTMA officials wondered last February whether the State could obtain ECB funding at a low rate because it would be hugely beneficial.

Deputy Damien English: The low rate only applies for 12 months.

Deputy Eamon Gilmore: Will the Minister outline the risks?

Acting Chairman: Allow the Minister to continue. 57 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Eamon Ryan: The ECB has stated it will provide the funding. It is needed as part of a stimulus. We are in a classic recession as we spiral downwards because of a lack of confidence and, in turn, a lack of spending, which has led to deflation. All the economic analysis says a state must stimulate in those circumstances. It is slightly counterintuitive to spend one’s way out of debt and the problems associated with it, but it is the only way to do so, according to all the macro-economic analysis. This is our stimulus opportunity but it will not lead us back to the old ways. We are at a fundamental changing point in capitalism, particularly in Ireland. The politics of the past 50 or 60 years was about who owned the resources but this will change to how we sustain and protect such resources, which will lead to a new economy. Keynes said in the middle of the last similar crisis in the 1930s that an economy must be stabilised before it can be reformed. His analysis holds true today. We are adopting a stimulus to get the patient out of the operating theatre and into intensive care for a number of years when we can make the reforms that are needed. However, that must be done with a stimulus package. That cannot be done while the economy continues to deflate and that is at the centre of the NAMA concept. It is important, having set out on that task and where assets are off the banks’ sheets in order that they begin to lend more effectively, that there are protections for the taxpayer. Last week, Deputy Burton said I was referring to an equal mix. I clearly said that for any premium we pay above the current market value, the taxpayer must be protected through two key concepts. First, we own a good chunk of the banking system and I have no problem with us taking a nationalised position in that sense in our banks and, therefore, we are on the other side of the deal for any such premium and we are protected. Then there is the gap on risk sharing. I read the letter written by Dr. Patrick Honohan which the Minister for Finance quoted earlier. He is supportive of this approach and I do not know how Deputy Bruton can say he has not approved it. Dr. Honohan said this was the correct risk sharing policy. It is strong because the taxpayer is paid first and the bank second. That concept is crucial in answering the taxpayer’s question about how he can be sure he is not paying over the odds. We want that concept stitched into the operation of NAMA.

Deputy Kieran O’Donnell: That only makes up 5% of the payment.

Deputy Eamon Ryan: NAMA will be a small agency. It is correct that the banks should be used. Tens of thousands ordinary, decent, capable and enterprising people work in our banking system and we should not throw that away and say that they do not have a role in this. The Government can use their skills and credit management facilities to our purpose. The banks’ shareholders have taken a hit, losing approximately \40 billion on shares. Trades unions, farmers and pensioners invested money in these shares. Many people have lost a fortune and no one is protecting the banks and their shareholders. Most of the money was lost, unfortunately, because of the fundamental mistakes made by the banks. That does not mean we proceed on a vindictive basis with our banking system. We will use those bank officials and the skills they have and turn them around to a new form of banking that suits our purpose. People, including those in our party as much as elsewhere, still have questions about how NAMA will work, which we will attempt to answer. The crucial question concerns how we get a new banking system and how we can have a completely different culture where the obsession about selling property, car or simple loans turns into a banking system that is fit for the purpose we need now, namely, a clean, green energy, enterprise economy. Our banks, as we recapitalise them, will have to set themselves to that task and make their profits there. It may be less spectacular and speculative, but will probably be better over the long run, and it is what they have to do. We have to get them lending and we have to guarantee and show how that will be done as we go through Second Stage and Committee Stage of this Bill. 58 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

There must be further certainty around the valuation process, that is, where developers’ equity exists or does not exist, which it will not in many cases because a deal might have been done in such a way that it was cross-securitised and the bank did not get the real value stitched down. The figures today are estimates. We are pursuing developers using the credit control facilities of the banks, and others, in a contract way that pursues developers to the nth degree, takes their houses if they cannot pay and gets the security back to the taxpayer. That is something people need to know. People need to know how they will be dealt with——

Deputy Damien English: NAMA is the best idea the Government could come up with.

Deputy Eamon Ryan: ——and what are the values. If they are not what we think they are, although a fair bit of analysis lies behind the figures given today, they will be adjusted. It is the valuation on a loan-by-loan basis which will determine what happens. Another crucial point is that people need confidence that we are not going back to price rises in property. The prospect of spending 25 or 30 years paying off a mortgage was a killer for young people in this country. I got my own mortgage some ten years ago and when they showed me the figures I could not believe how much I would pay off in the end compared to how much I got in the first place. We do not need property markets going up all the time for us to make money. For too long we were obsessed with property and we need to get away from it. The figures set out today include ten years estimating a less than 10% increase in property. Any difference between the interest rate one is paying and inflation will cover that. We are not trying to get the economy kicking again in terms of property prices. Those days are gone. In terms of the default option, there is view out there that says “Let the market do it”. I heard Deputy Richard Bruton say it today. Should the Government be setting up an asset management agency at all? Are we good or bad at that? I had some thoughts over the past few days when I read articles expounding the theory that the market knows best. I disagree. Our banking system, developers and market were lousy at asset management development. I heard Deputy Rabbitte laughing earlier and saying “Here is the Green Party bit of the Bill where we will put in special schools and parks”. I am proud of that new part of the Bill. I am proud of getting planning that puts the school in at the same time as the houses and which does not pay over the odds. I am proud of being in the Green Party in these difficult times. Deputy Bruton said he did not have faith in our DNA to get the planning right and act like the Swedes do. We are comfortable with our ability to do that. We can do it in a way that helps this country out and have a vision as to how one sticks to proper planning.

Deputy Eamon Gilmore: Nothing will change.

Deputy Fergus O’Dowd: The Minister is with Fianna Fa´il. That is the problem.

Deputy Damien English: What about the Minister’s colleagues?

Deputy Eamon Ryan: We are in Government not frozen by fear or locked by ideology but we are ready to play our part in getting the country out of a difficult time. We need to give people confidence that we can do it. We need to have confidence in ourselves because we are legislating for ten to 15 years or whatever time it takes to work it out. All sides of this House will manage NAMA in that time. Does Deputy Gilmore believe that the Labour Party in Government could make a contribution better than that of some of the developers and bankers in recent years? 59 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Eamon Gilmore: It would be better than the Minister’s contribution.

Deputy Eamon Ryan: Does Fine Gael believe it can overcome some of the mistakes it made in planning — there have been a lot of them in council after council in recent years?

Deputy Fergus O’Dowd: We would never go into coalition with Fianna Fa´il.

Deputy Eamon Ryan: Can it learn lessons from that and take part in the recovery of this country which says——

Deputy Fergus O’Dowd: We would never campaign against them and then join them.

Deputy Eamon Ryan: ——we in Government can work out the assets in a way that pays back the taxpayer and gets us good housing? I believe we can. We have grown up as a country in 70 or 80 years. We got it wrong in the past ten or 20 years. We got cheap, easy money after we had been poor for 800 years. We blew it, but we are still a strong and capable country that has grown tremendously in the past 80 years. If it is, as Deputy Burton said, a personal trust, I trust the people of this country, in these very difficult and challenging times, to be able to turn things around and for us to be able to get this to work. That is why I support this Bill and the Minister for Finance today.

Deputy Kieran O’Donnell: Today was supposed to be the Holy Grail but instead we got a document, the bulk of which is already in the public domain. I find it amazing that the Minister, Deputy Eamon Ryan, referred to the fact that he is happy. In the presentation made by the Minister for Finance today there is no breakdown between the institutions themselves and how much capital will be required by the banks in total. I have no doubt that was not given because we would have some idea of the individual banks. There is no detail about what date will be used to determine the market valuation. I note the report itself, in terms of valuation, states that land will be valued at its long-term useful economic value. How can one have a situation where land which has reduced in value by up to 70% will suddenly be assessed in terms of its long-term economic value? All other assets will be valued at market value. I note page 11 of the document refers to property yields which, I have no doubt, the Government has used for the valuation of the market value of investment assets. It is effectively stated that the property market has bottomed out and the prime yield is at 7.25% compared to 5.56% for a long term average. It has not bottomed out. We are being told by various businesses that the amount of rent being paid is going down and that the value of commercial property is falling and will continue to fall. The Government is basing the figures on the assumption that the market has bottomed out and prices will now increase. That will not happen. Prices will continue to fall. I am sorry the Green Party Ministers have left the Chamber. The Minister has too much control in terms of the valuation process. Section 77 states that the Minister for Finance can effectively use adjusting factors and take them into account. I would be very interested to see what analysis the Minister, Deputy John Gormley, would provide in terms of the section that states the Minister for Finance, in looking at the adjusting factors, must examine the analysis presented by the Minister for the Environment, Heritage and Local Government on the extent to which existing land zoning and planning permission is granted and enforce or exceed projected growth requirements. The Department of the Environment, Heritage and Local Government states that currently land is zoned for residential developed for the building of approximately 1 million units. At 50,000 units a year that is 20 years’ supply. It does not add up. The Green Party is bluffing. Its 60 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage rank and file members feel the same way. There is a 30% haircut. We are not being given a breakdown in terms of the individual banks because if one looks at the situation, the largest amount of loans being taken over are those of Anglo Irish Bank, some \28 billion which makes up 36%. Are the discounts being skewed towards Anglo Irish Bank so the other banks take less of a write down, and once the process begins will the Government commence the winding-down of Anglo Irish Bank, which is currently being wound down anyway? Some \28 billion of taxpayers’ money is going into Anglo Irish Bank, which has not lent a red cent since it was nationalised. The Government wants to put \28 billion into that bank. I will ask the Minister to give us a breakdown of the write-downs for all the banks — AIB, Anglo Irish Bank, Bank of Ireland, EBS and Irish Nationwide Building Society. He also needs to tell us how much he expects, based on the write-downs, to be required to put into the individual banks. The Minister’s claim that there will be an average loan-to-value ratio of 77% does not stand up. The development loans of some of the banks were doubled, in effect, between 2005 and 2006. Once again, that does not add up. The assumptions on which the Minister for Finance has based his projections do not add up. I refer to rental yields, for example. He believes rental yields will fall as property prices rise, but I do not think property prices will rise in the short term. I would like to speak about the whole issue of risk sharing. Reference was made to Professor Honohan, whose model is based, in effect, on buying assets at their current market value and giving a shareholding to the shareholders in the bank for any upside. The Minister has said that 5% of the total amount will be in the form of subordinated debt. I would like to know about the risk that will be put on the balance sheet of the bank. The legislation says that the banks will not be repaid unless a profit is made. I expect the banks to continue to provide capital. They will have to make some provision if there is a default in respect of the subordinated loans that would stop lending from taking place. I will ask the Minister to tell us what rate of interest will be paid on the subordinated debts. Has agreement been reached to provide for the subordinated debts to be given as security to the European Central Bank when funding is being sought? If that is the case, the repayment of the debt will be guaranteed and, therefore, any question of any form of risk-sharing does not arise. These extremely important issues need to be clarified. I would like to comment on the references to credit flowing to small business in the Minister’s speech and the document he provided to us. He referred to what was done during the previous recapitalisation scheme and to the Mazars report. There is nothing in the NAMA legislation to compel the banks to lend. I suggest that the banks will choose to hold onto their money, for example, by way of Government bonds on their balance sheets or by way of deposits. They need to increase their deposit-to-loan ratios, which are low by international standards. What measures will the Minister for Finance introduce to ensure that rather than merely finding their way into the banks, funds are loaned to small businesses? We are all looking for a financial system that works. The problem with the system being proposed by the Government is that the only person to take a downside risk will be the taxpayer. From the point of view of the banks, it is a win-win proposal. It gives no guarantee that funds will flow to small business. It is clear that assets are being over-valued. That is why I want the Minister to give the House an indication of the write-downs, in terms of percentage and value, that apply to each bank. I want a breakdown of the \23 billion figure — the haircut of \77 billion, less \54 billion — across the banks. That will clearly show what is going on in the respective banks. I want to know the precise amount the Minister will be required to invest in the individual banks. I want to know if Anglo Irish Bank will be purely in a wind-down situation. 61 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Kieran O’Donnell.]

Deputy Fleming has suggested that the Minister should not take part in any appeals mechanism when there is a dispute about valuations. I suggest it is critical that the Minister should have no involvement in the valuation process, from start to finish. It is clear that section 77 of the Bill provides for what can be called the Lenihan law of valuations. The Minister is assumed to have a secret ingredient that enables him to value assets. That leaves the process open to corruption, in the form of the massaging of the amount that needs to be paid to particular developers, or in respect of particular assets. Fine Gael’s policy would minimise the cost to the taxpayer by sharing the risk with the bondholders. Its effect would be to ensure that funds flow to small businesses through the proposed national recovery bank. I commend that policy to the House.

Deputy Fergus O’Dowd: This is probably the most important debate to take place in this House over recent decades, perhaps since the foundation of the State. We are talking about the future of the country. I refer in particular to the next generation of this country’s citizens. The Government is offering the people of this country despair, rather than the hope they need from this debate. The Government that has been in power for 18 of the past 20 years needs to be changed so that the over 400,000 people who are unemployed can find jobs. We need a competent Government, rather than the incompetence we have faced over many years in this House. As we know from the annual reports of the Comptroller and Auditor General, the Government has wasted a great deal of money on PPARS and electronic voting, for example. The people really want something different, but they are not getting it from the Government and there is no hope of it today. We are getting more of the same, despite the presence of the Green Party in the current coalition. The Taoiseach said earlier this year that the young people of this country will be the first generation to be worse off than our generation. That is an appalling vista. It was an appalling statement for the Taoiseach to make, although it was not picked up on at the time. Change and new thinking are represented by Deputies Bruton and Kenny and the other members of my party, rather than those on the other side of the House. We want radical changes in the way this House does its business, including the budgetary process. We want the Freedom of Information Acts to be amended in the interests of increased accountability and transparency. We want good government, but we will not get it from the Members on the other side. I would like to reflect on what the Minister, Deputy Eamon Ryan, said on behalf of the Green Party. I respect him and his colleagues as people. They have been my friends in the past. The Minister, Deputy John Gormley, spoke a couple of years ago about what it was like for this country to be on Planet Bertie. He has since accepted the post of this Government’s high priest, or Dalai NAMA, who offers absolution for the sins of builders and bankers at the altar of Fianna Faíl. The Green Party is in government with the most corrupt party in the history of the State. The Minister, Deputy Ryan, mentioned that legislation is not in place to bring people away in chains. I do not take any personal pleasure from reminding him that a former Minister, who sat on the Fianna Faíl side of the House, was led away in chains on foot of his involvement in planning corruption. Year after year, the tribunals expose the corruption that was at the heart of Dublin County Council. I refer to Frank Dunlop and others who engaged in the rezoning of land. I cannot understand why the Green Party continues to act as the bondsman who bails Fianna Faíl out. Fianna Faíl’s brass band consists of Green Party Deputies and Senators. They are playing footsie with a Government they campaigned against. They said they would not go into government with Fianna Faíl. I cannot understand why they do not want to bring about a change that would offer the hope and the jobs this country so badly needs. This failed and 62 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage discredited Government has shown a wanton disregard for the ordinary people of this country. It has lined and will continue to line the pockets of the rich, while scourging the poor and ordinary people of Ireland. Over 440,000 people in this country do not have a job. Over 200,000 people have lost their jobs over the past year not because of the international recession, but because of a lack of regulation, the structural deficit and what has happened in the banks. That is because of a lack of regulation, the structural deficit and what has occurred in the banks. One honourable banker, Eugene McErlean, stood up to the system some years ago by saying that his bank was corrupt and overcharging customers. However, his complaints to the Financial Regulator went unheeded. He has been without a job for the past seven or eight years because he dared to tell the truth and expose a scandal at the heart of our banking system. If he applies for a job with the Financial Regulator, will he even get an interview? Not on one’s life. He has been blacklisted by the system. He was the one man in the banking system who stood up to tell the truth. He represents honour, integrity and decency and if we had more bankers like him, we could have confidence in our banks. Until the entire rotten system changes so that people such as Mr. McErlean are involved, the Green Party will only be speaking rubbish. He stated in an article published this week that it was not the excesses in subprime lending that wiped out our economy, but a different disease. Little did we realise that the banking patients were already showing signs of terminal illness caused by that age old killer, over lending to the property sector. This was the killer which brought banks to their knees throughout economic history and which spawned expensive and sophisticated risk management machin- ery so that the banks remained inoculated and vigilant, or so we thought. However, the absence of enforcement was at the heart of the regulatory failure. In Ireland, it was not an issue of a rules versus principles based system but a failure to enforce any rules or principles at all. Earlier this year at an Oireachtas committee meeting, Senator Ross managed to extract an admission from the Financial Regulator that prior to 2008 no enforcement action had been taken against any major financial institution. We now know there was no shortage of issues upon which the regulator could have acted to enforce discipline. Indeed, a recent report published by the consumer panel of the Financial Regulator noted that there should be no distinction between principle and rules. Both are required in any absence of governance because principles in the absence of the enforcement of rules are ineffective. The whole house has come tumbling down because the Government did not regulate the banks. Fianna Faíl in particular was so close to the builders and bankers that it brought us to this ruinous state. It is like a pyramid scheme in that the builders who got in early made their bucks while everybody else pays. We are all suffering because of poor governance and a lack of regulation. How many of the 50 top builders involved in NAMA appeared before the Mahon tribunal? If any are condemned, will we bail them out? Corruption lies at the heart of this matter and we need a new way of doing business if we are to offer hope instead of despair and jobs instead of jobseeker’s allowance. A change of Government is needed if these changes are to take place. The Green Party has the option of walking away from Fianna Faíl and causing an election. We need a mandate for the future and people are crying out for change, but they will not get it if this Government continues to stick together. At the margins of our constituencies, people are losing their jobs and their hope because the Government has no credibility. In the name of God, it is time for the Government to go. We must have a general election so that the people can decide. They will choose to get rid of Fianna Faíl and, if Green Party Members want to go down with the ship, let them. This side of the House believes it offers a credible alternative and new hope. Fine Gael has created a constructive stimulus package, which Deputy Coveney has outlined for the Government. We must offer hope and change. The new green economy which we 63 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Fergus O’Dowd.] propose will create over 100,000 jobs given a Government with the determination, conviction and idealism to make the necessary changes. Clearly, however, the Government lacks these attributes.

Minister of State at the Department of Finance (Deputy Martin Mansergh): I welcome the opportunity to contribute to this critical debate on the establishment of the National Asset Management Agency, which has caused the early return of the Da´il. The NAMA initiative must be set against a background of ongoing pressure on the public finances and 7 o’clock continued uncertainty in the financial sector. The Government will continue to take decisive and coherent action to resolve the serious budget deficit, address the unprecedented slowdown in the economy and restore stability to the financial system. These issues need to be resolved in parallel with managing the public finances and cleansing and repairing our banking system. From the outset, the Minister for Finance has made it clear that he is keen to engage in a proper debate on NAMA so that the Government can deal with the issues involved as comprehensively as possible. This is why he published draft legislation at the end of July. Since then he has listened to a range of constructive suggestions from various parties and the Bill as initiated today reflects this process. Just over two weeks ago, as part of his consultative approach, he engaged in detailed discussions with the Joint Committee on Finance and the Public Service. He has also stressed that he will continue to listen to constructive comments and suggestions until the enactment of the Bill. However, action is required sooner rather than later if we are to remove the impediments to the ability of financial institutions to lend to the wider economy. The Government’s record since the start of the crisis reveals a series of necessary actions taken to stabilise the financial system, protect depositors and safeguard taxpayers’ interests. These measures include the guarantee of certain bank liabilities, the recapitalisation of AIB and Bank of Ireland and the nationalisation of Anglo Irish Bank, thereby allowing banks to raise the funds needed to support their operations and ensuring that citizens and businesses can conduct their daily transactions. In return for this measured support, the taxpayer has received payment from the banks. The eventual payment from the banks on foot of the guarantee scheme will be approximately \1 billion and the preference share investments in AIB and Bank of Ireland will yield approximately \560 million per annum at an 8% coupon. It should not be forgotten that remuneration for senior executives and directors has been reformed and banks have had to sign up to new rules regarding their dealings with business and residential customers. Much remains to be done, however. Anxiety about the impact of risky land and development loans on our banking system continues to create funding difficulties for the banks. This, in turn, restricts the flow of credit as banks focus their resources on these troubled loans. Each euro that a bank lends to a customer must be drawn from deposits or borrowed by the bank from another source. This, in turn, restricts the flow of credit as banks focus their resources on these troubled loans. Each euro that a bank lends to a customer must be drawn from deposits or borrowed by the bank from another source. Irish banks have relied heavily on foreign financial institutions for funding. However, the uncertainties surrounding the scale of losses on banks’ balance sheets have made this liquidity more difficult and costly to attract. Furthermore, as long as the banks remain unsure about the losses that may eventually result from these risky loans and nervous about the adequacy of their capital, they will hesitate to provide the credit which is vital to our economic recovery. Everyone is agreed that a resolution is urgently required because otherwise the economy will remain shackled as it awaits a banking system capable of providing credit to viable businesses and households. The Government view is that 64 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage the asset management agency approach is the best option for addressing this issue and this view has gradually been gaining public support. Of course a significant portion of the debate, both today and over the past several weeks, has centred on the risk involved in setting up NAMA and as the Minister for Finance has pointed out, any option for solving the banks’ problems involves risk. Around the world it has become clear that the risk is one that the private sector is unwilling to take. It is for that very reason that governments all around the world have been forced to provide various supports to their financial sectors. Of course there is continually an attempt to make out that this is just a national problem instead of a global problem. Confidence in banks worldwide was shaken by the collapse of Lehman Brothers last autumn and we and other countries are coping as best we can with the fall-out. Obviously, there are particularly national circumstances which, maybe, differentiate the fall-out, but we are dealing with a global problem and it is misleading the public to suggest that this is something that only this country is facing. More specific to today’s debate, Ireland is not the only country working on a policy solution to deal with the uncertainties surrounding certain asset classes. The US, Germany, the UK, France and others have all put forward schemes tailored to the specific problems faced in each country to deal with impaired assets. The Government’s position is that the problems associated with lending for land and development are best addressed by transferring these assets to an asset management agency and it was only after a detailed assessment of the various options for dealing with these risky assets and acting on the recommendations of expert advice that the Government decided that this was the best approach. In terms of the reaction to the Government’s approach, I should like to mention the subject of interest rates. The interest rate that Ireland pays on its debt is significantly determined by relevant Government policies and it is vital to maintain the appropriate fiscal policies and financial market policies if we are to enjoy the confidence and support of the international markets. Since the Minister for Finance announced in April last the intention to establish a national asset management agency bond spreads above the German benchmark for Irish sovereign debt have halved from almost 3% over ten-year German bonds to now just 1.5%, and clearly the proposal has the support of the international markets. I might also add that the NAMA proposal has been widely supported by bodies such as the IMF and the ECB. I emphasise in passing what the Minister has already referred to in his speech, the importance of passing the Lisbon treaty referendum from the point of view of maintaining that improvement in confidence. Any uncertainty about Ireland’s future position or influence in the EU would be costly. We cannot afford to be in denial, as some are, about the economic importance of the vote on the Lisbon treaty. We in this small country cannot afford the indulgence of aligning ourselves with British opposition eurosceptic attitudes — of course Britain has already ratified the Lisbon treaty. Membership of the European Union and the unprecedented opportunities it has given to us is the most tangible fruit and demonstration of Ireland’s independence, and reinforces and enhances it rather than diminishes it. As mentioned, there is a risk attached to the NAMA proposal as there would be for any other proposal designed to alleviate the problems with the banks’ balance sheets but as the Minister for Finance pointed out earlier, there is another significant risk of which we cannot allow ourselves to lose sight. This is the risk of damage to our economy inflicted by a clogged- up banking system which if not addressed sooner rather than later may inflict pain on the taxpayer through the scourge of even more increased unemployment for many years to come. We must act decisively and promptly if we wish to position ourselves to take advantage of the 65 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Martin Mansergh.] upturn that will emerge in the global economy over the next few years. Indeed, it seems that such a recovery already may be emerging. There are some tentative signs that growth is returning internationally and over the next few months the durability of this will become clearer. While the openness of the Irish economy means that Ireland has been badly affected by the global downturn there are grounds for optimism that we can take advantage of any upturn. The economy is flexible, evidenced by the fact that prices and wages are adjusting rapidly. On a harmonised basis, consumer prices in August fell by 2.4%, the fastest rate of decrease in the euro area. In the public sector de facto wage cuts averaging approximately 7.5% have been implemented this year while there is survey-based evidence as well as some limited hard data to suggest that private sector wages are also adjusting downwards. These rapid wage and price adjustments are helping to begin the restoration of our competitiveness, which is essential if we are to benefit from the global recovery when it emerges. Many in this House have spoken of the pain being experienced by people hard hit by the recession but it is also fair to comment on the practical “can do” attitudes of many people faced with this crisis. There is a willingness to adjust and to accept, particularly, that those in jobs and with reasonable incomes need to adjust and make sacrifices, and that the quicker we do so the quicker we will recover. I pay tribute to that constructive public attitude. Domestically, the Government has moved rapidly to maintain the public finances on a sustainable path. Notwithstanding the pressures on the public finances the Government is maintaining investment in physical and human capital at high levels. Infrastructural investment as a proportion of national income will remain high by international standards helping to improve efficiency and reduce costs. Furthermore, the Government will continue to invest heavily in education at all levels, especially at third and fourth level in recognition of the importance of human capital in the global economy. The NAMA initiative will complement and support these other Government policies in ensuring that we are best placed to take advantage of the upswing. There has been much public debate around the idea that shareholders and bondholders should bear a greater proportion of the banks’ losses. With regard to shareholders, the Minister for Finance has made clear that if after the introduction of NAMA the banks require an injection of capital from the public purse then this capital will be in the form of an equity stake. This will dilute the current ownership of shareholders, who have already lost considerable sums and are likely to lose more if their shares are diluted further. With regard to bondholders, a large amount of subordinated debt has been bought back by the banks in recent months at a significant discount. This has resulted in bondholders taking substantial losses relative to the face value of their bonds. The idea that all bondholders are natural risk takers aiming at high reward in return for high risk is erroneous. Senior bondholders are not high-risk takers. They are usually long-term providers of debt such as pension funds and insurance companies. They are also the type of investors who buy Government debt and who kept our economy funded. The Minister has already made clear that the Government does not believe that a culture of default or potential default would serve the best interests of the taxpayer. The ability to roll over funding continuously depends on a fundamental belief on the part of the investor in the viability of the investment and the stability of the institution concerned. The history of the past few centuries in Europe as well as contemporary experience further afield shows the fatal consequences of what might amount to debt repudiation. It is a risk-free suggestion for those 66 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage not currently in positions of responsibility to advocate such populist solutions. The Govern- ment, in contrast, would be responsible for the consequences of such decisions. The Taoiseach and Minister for Finance have repeatedly made clear the Government’s firm belief that as far as possible the banking sector should have a market presence and operate within market disciplines and constrains. Despite this many cling to the illusion being promulgated that nationalisation will address all of the problems facing our banks. This is just not so. The impaired assets still would have to be dealt with and the shareholders in AIB and Bank of Ireland would have to be compensated — all of this before the State puts additional capital in to resolve the capital deficiencies from dealing with impaired assets. Nationalisation could also impact negatively on financial institutions’ own funding. Anglo Irish Bank provides an example of the funding challenges presented by nationalisation where the Government was required to inject almost \4 billion in capital following serious losses. The concentration risk in association with the policy of nationalisation could force investors to withdraw funds from certain nationalised banks on the grounds that they were effectively owned by the same owner. No other major country is currently adopting a policy of wholesale bank nationalisation. Therefore, if Ireland was uniquely to pursue that option it could from an international perspective be very damaging to Ireland’s reputation and attractiveness to international investors. This is a social market economy, not a socialist economy. We should not be sending signals that we are shifting to a different economic system. I understand, having been around politically for a long time——

Deputy Ruairı´ Quinn: I know the Minister of State did not write that, as he certainly does not believe it.

Deputy Martin Mansergh: ——it is clear to me that NAMA is the major political battle- ground this autumn, or certainly will be until we get close to budget time. The Opposition needs to, and has, put forward plausible alternative solutions which justifies its opposing the Government’s scheme. I would do credit to the sense and patriotism of both Fine Gael and the Labour Party in saying that were they to find themselves in government in short order, which is what they aspire to, they would, with very few changes, take over the system on which the Government has elaborated. I am under no illusions——

Deputy Ruairı´ Quinn: We shall have no option.

Deputy Simon Coveney: The legislation will be in place.

Deputy Martin Mansergh: I am talking about even before the legislation is passed. My belief is an alternative Government would take over and say, in effect, “We can operate this system because we can be trusted, but of course Fianna Fa´il could not be.” The Minister pointed out that it was likely there would be institutions in need of additional capital in order that they could absorb the losses arising from the transfer of their impaired assets to NAMA and to maintain a capital position in compliance with regulatory requirements. However, he made it clear that the Government would expect such an institution to explore all available options for raising such capital. This is consistent with the Government’s stated policy preference that private market solutions be found and implemented and if this does not prove successful, it is committed to providing such institutions with the necessary level of capital to continue to meet their capital requirements. Its view is that this is a more focused and effective policy than blanket nationalisation.

Deputy Ruairı´ Quinn: What blanket nationalisation? 67 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Martin Mansergh: There is a constant reiteration of the mantra——

Deputy Ruairı´ Quinn: What is the situation to which the Minister of State refers?

Deputy Martin Mansergh: I am sure the Deputy will have an opportunity to reply to me in a few minutes——

Acting Chairman: Deputy Quinn must allow the Minister of State to continue. He will have his chance.

Deputy Martin Mansergh: ——and I shall listen to him in silence.

Deputy Ruairı´ Quinn: This is the great Cambridge tradition of debate.

Acting Chairman: Deputy Quinn, please.

Deputy Martin Mansergh: The mantra is being repeated in the belief that as many people as possible will believe NAMA represents a bailout for borrowers and developers. Such is not the case. NAMA is only in place because a functioning banking system is vital to our economic future. It is not a bailout for anyone. A developer whose bank loan is purchased by NAMA will have to repay NAMA just as he or she would have had to repay the bank. The terms and conditions of such a developer’s business relationships with NAMA entities will not change as a result of the agency purchasing loans from his or her bank. In fact, since NAMA will acquire the loans at a significant discount from the banks’ book value, it will be in a position to be more aggressive with borrowers if it deems this necessary. The draft legislation also contains a number of provisions which will assist it in its dealings with developers and ensure every last cent due to the taxpayer is pursued vigorously. The Government’s proposal for a national asset management agency is a prerequisite for economic recovery and the regeneration of employment. It will cleanse the balance sheets of Irish banks, thereby allowing them to focus their resources on discharging their essential role in the economy, the provision of credit. In tandem with other policy initiatives the Government is taking with regard to restoring competitiveness and bringing order to the public finances, it will ensure we will be best placed to take the earliest possible advantage of the economic upswing around the globe and in our export markets. The legislation introduced by the Minister reflects detailed consideration of how NAMA will need to operate in order to protect the State’s investment and generate a return for the taxpayer. This is no gamble, but a very carefully worked out proposal. The approval of NAMA by this House is the key to the future of this country, which is why I encourage all parties and Members to support it.

Deputy Simon Coveney: The setting up of a national asset management agency to purchase loans from banks with a book value of \77 billion, secured on property and land currently worth a fraction of that sum, at the supposed discounted price of \54 billion based on an estimated future potential value, is the greatest financial gamble any government has taken on behalf of its people. The motivation of the Government in bringing forward this legislation is genuine, which is to create a functioning system from the current insolvent banking mess where liquidity cannot be provided for consumers, families or businesses due to the burden of toxic loans the banks have brought on themselves. While this is, undoubtedly, a public sponsored bailout for Irish banks, I do not buy into the conspiracy theory that it is a bailout for the wealthy development friends of Fianna Fa´il. Devel- opers and speculators who have borrowed irresponsibly from careless and morally corrupt banks will continue to owe that debt, whether under NAMA or existing banks. I hope that, whatever shape NAMA takes if the legislation is passed, it will fearlessly pursue those respon- 68 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage sible for property debt to minimise losses to the public. However, a growing number of others and I believe the NAMA approach is fundamentally misguided, irresponsible and blatantly unfair to the public which is to be burdened with the consequences of the enormous debt should NAMA fail to realise the value paid for its loan book. The Government’s gamble with taxpayers’ money is based on such uncertainty that to support NAMA is like committing other people’s money to a bet one cannot afford to lose. It is the uncertainty around NAMA that makes the proposal so unacceptable. Predictions as to whether NAMA will make a profit or loss in decades to come amount to guesstimates at best. The truth is nobody knows or can predict with any certainty how the Irish property market will perform in the next five to ten years. All we know is that we have no functioning property market and there is no reason to believe the position will change any time soon. The Govern- ment is committing tens of millions of public resources, albeit in the form of cheap bonds, on the basis of a future hope value for property, without any credible evidence in respect of future property values. The financing of NAMA on top of the financing requirements of the Government between now and 2010 will massively increase Ireland’s national debt levels. Predictions that our debt levels will reach 110% of GDP within a year are now accepted. The reduction of the national debt in the last ten years of prosperity has been wiped out in 18 months. As Dermot Desmond said today, public sector spending is already out of control. We do not need to bloat it further with a \54 billion spend on NAMA. However, the Government is right about one thing. We must find soon a solution to the banking crisis, as the economy is being strangled by lack of credit and cash. I want to pose five key questions to assess whether NAMA is the best way to solve the banking crisis. Is it the lowest cost option and the most effective way to minimise losses? Does it minimise the risk to the taxpayer? Are investors and risk takers in banks taking their fair share of the losses? Will NAMA solve our credit and liquidity crisis? Is the NAMA plan the only show in town? The answer to each of these questions is an emphatic no and the basis for the need to oppose this expensive and flawed proposal. To take the first question as regards whether NAMA is the lowest cost option, last November the IMF finalised a study of banking and property crises in seven countries where this type of approach had been adopted. It stated clearly that government owned asset management companies appeared largely ineffective in resolving the issue of distressed assets, mainly due to political and legal constraints. In other words, the IMF warns that NAMA-type solutions end up costing the taxpayer a fortune because politically directed state agencies are much less skilled and aggressive than private banks in recovering loans from wealthy powerful interests. The Fine Gael proposal is an alternative to NAMA and would force banks to confront their mistakes in order that they effectively would set up their own asset management and debt recovery agencies. Our view is being adopted by more and more countries because it makes sense and only turns to the taxpayer for bailout funds as a last resort after forcing banks and their investors to carry risk and responsibility first. Does it minimise risk to the taxpayer? Absolutely not. At a time when we will be asking people to pay more taxes, take cuts in their pay and accept cuts in public services because our public finances are regarded as a basket case owing to Government incompetence, we are exposing the State to unnecessary and enormous financial risk. The Minister tells us that if NAMA does not make a loss, banks will need to pay a levy to meet that loss. What a joke. If banks are charged a levy how will they finance that levy if not by charging consumers for their banking services? Either way the public will pay for the losses incurred. 69 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Simon Coveney.]

Are the investors and bondholders taking their fair share of risk? Absolutely not. Surely a principle should be set at the outset of this discussion that the first losers of crystallising losses in banks due to appalling decision making and lending should be the speculators and bondholders in the banks concerned. When professional investors make an investment involving risk and potential return that goes badly wrong, they expect losses — that is capitalism. What is happening here is a transfer of risk and ultimately a large amount of funds from the taxpayer to bondholders and investors, which is a scandal. Will this plan put liquidity back into the economy? This is the key question. What are we trying to achieve here? Are we trying to save banks to keep the institutions alive or is it about ensuring a functioning responsible banking system to provide credit and cash to an economy in crisis? The Irish economy will continue to stay on its knees. Businesses will continue to suffer and unemployment will continue to rise if we cannot get liquidity into the veins of the Irish economy. Irish recovery is not about property values — that is a consequence. It is about liquidity and credit availability. If people cannot borrow they cannot spend and businesses cannot grow. I cannot see how NAMA will result in banks lending to businesses, families and consumers. The funding given to banks through bonds will not be funnelled into lending to consumers. It will be used to repay debts owed by banks to other lending institutions. NAMA will not reduce the banks’ loan to deposit ratios. It will simply replace one form of non-deposit funding, interbank loans, with another, ECB funding. NAMA alone fails to solve the most crucial problems of liquidity and making funds and credit available to people and their businesses. Fine Gael wants to inject finance directly into the economy through a new State-owned recovery wholesale bank. This has been achieved in France as Deputy Bruton and other Fine Gael spokespeople pointed out. Is NAMA the only show in town? No it is not. Fianna Fa´il Ministers and, more recently, Green Party representatives have tried to create the myth that we have no option but to accept NAMA. They claim it has been accepted by the markets at this stage and we must proceed. They claim that if we do not proceed we will introduce uncertainty and that the most important issue now is certainty. I do not accept that. This is wrong. Other countries are debating how to resolve banking crises as we speak. We have the benefit of other solutions being implemented elsewhere. Most governments are now moving away from the NAMA approach. Fine Gael’s approach of a good bank-bad bank solution has been outlined repeatedly. This is an approach, variants of which have been adopted to fix banks in other countries. The examples have already been given of Northern Rock, Washington Mutual, and Bradford and Bingley. To those outside this House who are taking an interest in this debate, I say that NAMA is flawed and there are alternatives despite the spin people will hear from the Government. Ireland is in crisis and banking is at the centre of that crisis. We need big thinking from Government, but it has got it wrong here and should be sent back to think again.

Deputy Olivia Mitchell: Sometime during the summer when the real depth and extent of what was being planned began to dawn, the Government must have been taken aback at the depth and bitterness of the opposition to NAMA. Its representatives tried to explain it away as oppositional politics or a failure to understand what was being proposed. However, it is neither. People understood and understand very well what is being proposed. They know what has happened. They understand that our banks are effectively bankrupt. They know that thanks to their reckless lending into a property bubble their balance sheets are absolute rubbish. They know their assets are propped up by the ECB to the tune of \130 billion. On the liability side, their deposits and bonds are guaranteed by the Government on behalf of the taxpayer. They also know these artificial life supports cannot be left switched on indefinitely. They also know 70 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage that if either of these supports, on the asset or liability side, is removed then the entire shaky edifice will come tumbling down, and bring down with it the aspirations of this generation and probably the next one also. They also know that however galling it may be to them we must rescue the banks, they cannot be allowed to collapse. They know we need to keep credit flowing in the economy and that we need a modern functioning financial system. They also know that the solution, whatever it may be, will be risky and expensive. While the figure changes daily, we have at least \90 billion in outstanding property loans. We have not paid too much attention to outstanding personal debt, but I hear from the banks that personal bad debts are at least as high as commercial bad debts. If the economy is to recover, it will not be from a consumer boom. It would make me wonder just how clean bank balance sheets will be, even after we have given them these billions of euro. The cost of cleaning up the bank loan books, while still unknowable, is certainly huge. The public accept that no matter what course of action is taken to rescue the banks, there will be risks attached. There are risks with our solution, the Labour Party solution and the NAMA proposal. We cannot remove risk but we can and must ensure the risk is shared. The public do not understand why they must take all the risk of the bad loans while the banks which made those loans and the investors who funded them, are protected. Is it not the very nature of an investment, of risk taking, that good investments make money and bad investments lose money? With the Government’s proposal, that principle, that eternal truth since people started trading, has been turned on its head. The banks and those from whom they borrowed for years made successful investments that paid off handsomely. However, when they made bad investments, when they went over the top in reckless lending, the tab is to be picked up, not by those who made the investments but by the taxpayers, their children and probably grandchildren. With that kind of cushion, that kind of safety net, who would not be a bondholder or a banker? It is the most wonderful profession to be in. If we pick up the tab for the banks in the way that is proposed, what is to stop them picking themselves up and starting all over again? If there is not some pain for the reckless lending, no lesson is learned. The incentive for caution, prudence and responsible liquidity ratios must be at the heart of all banking and risk taking. The Minister told us there would be pain for the banks and that NAMA would not overpay for assets. Of course it will overpay for assets — that was the whole purpose of NAMA. If it does not overpay for bank assets, the banks may as well sell them at the going rate, whenever or wherever they can. For the banks there is no pain, no penalty, in taking the long-term economic value and discounting it to present day values, if one assumes as the Government does — regardless of what it claims — that property prices will resume their upward trajectory. To be given the future value of an asset in the current economic climate is a sweetheart deal. Every unfortunate house owner who is now in negative equity or anyone trying to sell a house at the moment would love that deal. They would love the long-term economic value of their house but they will not get it. That will only be available to the banks. The Green Party, recognising just how this deal is sticking in the craw of every right thinking person came up with what is called risk- sharing — the issuing to the banks of some subordinated bonds. As far as we can gather very few will be issued, but no doubt that could lessen the loss. However, to call that risk sharing is either to mislead or to misunderstand what is meant by risk sharing. Any financial investment carries risk, which involves the possibility of gain as well as loss. NAMA offers no possibility of gain to taxpayers. The subordinated bonds may lessen the loss, but will not give them any possibility of gain. In the short term there will 71 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Olivia Mitchell.] be no increase in the flow of credit, and in the longer term, assuming the banks survive — which is by no means certain — and prosper again, the taxpayer will have little or no share if the Minister has his way. It is strange that the Minister maintained all along he would not overpay, yet today he is defending the proposal by saying it is in the national interest and he has no alternative. If proof were needed that taxpayers will pay too much for these assets, it is the obscene and unapologetic clamour by the banks during the summer to offer further millions to Zoe Developments, just to nurse it along so that it can avail of NAMA, when we will all pay to bail it out. To copper-fasten the view of what a charmed deal the banks were getting — this drove people demented — a Canadian bank expressed an interest in purchasing AIB, but of course after the establishment of NAMA, when it would have got rid of its rubbish balance sheet and its bad debts. Who would not buy it then? If the remaining good banks are good enough for other buyers, why are they not good enough for the Irish taxpayer? If NAMA is to go ahead — presumably the Greens will let us know at some point whether it will go ahead — then the haircut should be severe enough to reflect reality. If the taxpayer is footing the bill for all this, it should be by recapitalising on the basis of an equity stake in the banks. Then at least we will own what we are paying for many times over. I do not understand why the Government is so reluctant to take a bank shareholding. Other governments have done so. I am not talking about banana republics: the UK Government, for instance, now owns 70% of Lloyds Bank, that bastion of capitalism, and the shutters have not come down. The world did not end. Of course it is possible, and other governments are doing it. Why, for God’s sake, has the Government bought the totally banjaxed Anglo Irish Bank and taken a full shareholding in it, while it shies away from even partial ownership of banks that might recover and repay the taxpayer? The truth is that it has been led by the nose by bankers since August 2008. It got their version of the problem and it got their preferred solution, and that has dictated everything that has happened since and everything that is planned. It is time to stop listening to the banks and start considering alternatives. The Government must look at the issue from another perspective and think of the taxpayer. There are other ways of dealing with this problem and even of handling NAMA. I plead with the Minister not to gallop down the path he has taken simply because he has started down that path. The legislation for NAMA sets out seven objectives, but it cannot achieve any of them. It will not get credit flowing, which is ostensibly the whole purpose. It does not protect taxpayers’ interests — indeed, the Government has failed utterly to protect taxpayers’ interests. We have put billions of euro in already and it has disappeared down a black hole. It may be years before we realise the full cost of NAMA to the taxpayer — although we will see quickly that credit will not start to flow — by which time the Minister and other Ministers may be gone. It is a shocking legacy to leave behind and not one the Government or Ministers want, but there is still time to avoid that legacy. I wish to speak about the content of the legislation and what is not contained in it. One of the things that bothers me is that there is nothing in the Bill to protect the taxpayer’s interest when there is a conflict of interest between how the bank manages its loans and how it manages NAMA’s loans. There will be a conflict of interest in this regard, but there is no clarity about how the taxpayer will be protected. The banks will run rings around us, as they have done before. Nor will they be nearly as robust in collecting debts for NAMA as they will be in collecting their own debts.

72 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

I am sorry there is no member of the Green Party here. This party produced a wonderful concession that it wrung from the Government, namely, that it would be an offence to write a letter to NAMA. It is a complete joke to make that an offence, as if NAMA needed protection from the public. The reverse is true. This legislation is giving it enormous powers, beyond anything we have ever given to an organisation, with public interest not involved. There is no accountability; the Minister can increase its powers and allow it to do almost anything. There is no protection for the public whatsoever. If the public cannot write letters to NAMA, who can make representations to it? Who can tell it what is happening on the ground? It is essential that the powers of the Minister and of NAMA are totally vested in the Oireachtas. That is an important part of the legislation.

Deputy John Cregan: I wish to share my time with the Minister for Education and Science, Deputy Batt O’Keeffe. I welcome the Bill and the opportunity to contribute on this important legislation. I must mention something that has sickened me more than anything else during the debate on NAMA. I will qualify my remarks by saying I have the utmost respect for both Opposition parties which have put forward alternatives to the NAMA proposal. I respect that fully. However, many have made the populist remark that the Government is bailing out bankers and developers. I welcome Deputy Coveney’s honesty in his contribution when he acknowledged that the efforts by the Government to stabilise the banking system were in good faith and he did not doubt they were genuine. It is refreshing to hear a member of the main Opposition party say this in the House. It was not just members of political parties but also members of the media who consistently used that line, because it was popular with the public to lay blame at the door of Fianna Fa´il and state that we would go on to bail out bankers and developers. These people disgust me with the way they have carried on, and they can hang their heads in shame tonight as this House sits to consider alternatives and discuss a solution to the problem that will give our economy the prospect of growth. I look forward to this happening in the coming months. This is the most spoken about Bill in the history of the State. This is only natural because it will have an impact on everybody’s life. The purpose of the Bill — we are sensible enough to admit this, as Deputy Coveney did — is to restore confidence in the banking system and ensure credit can flow to those in the small business and farming communities and to households. In the last number of months credit has not flowed into these areas, and all Members, in their clinics and advice centres, have met people on a daily basis who give us anecdotal evidence that it is not going to those people who need it most. We are sensible enough to understand that if a solution is not found, whatever it may be, we will be in the same position in 12 months’ time or in two years’ time, and credit still will not flow to those who need it. We must realise that this is the case. What has got us where we are? In my opinion, it is greed and a lack of personal responsibility. We saw a disgraceful performance from the Financial Regulator, yet the chief executive sailed off into the sunset, well recompensed, as was the culture of the day. I do not blame anybody for that because there were contractual obligations, I presume, and legal issues. We have a culture in our society whereby people who are entrusted with responsibility to defend the interest of the taxpayer can finish up with a golden handshake and a huge pension and sail off into the sunset. It is time to change that, and I welcome the changes made up to this point by the Minister for Finance with regard to recompensing bankers, encompassing a reduction in their salaries and limits on bonuses. It is high time this happened, and we must go further, because it has sickened the public to see such appalling behaviour across many sectors. I welcome the improvement in regulation introduced by the Minister. I also welcome the departure from a single financial regulator to a central regulatory authority combining the 73 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy John Cregan.] Financial Regulator’s office and the Central Bank. I welcome the appointment of Professor Honohan and wish him well in a difficult job. I wish to cite a few examples of reckless banking. An email I received from a constituent who was a director of a building and development company, qualified in project management and finance, states:

We as a company have not purchased development land since 2005, we do an appraisal on every single project in advance of negotiating with land owners and our financiers. Any projects that we looked at in ’05/’06 and ’07 did not stack up in our appraisals. In 2007, we were looking at a particular project, we spoke to 3 commercial lenders to provide finance, Bank of Ireland, Allied Irish Bank and Anglo Irish Bank. Bank of Ireland said “no thanks lads”, A.I.B. hounded us for the business offering 110% finance, Anglo Irish Bank looked at our appraisal and would only offer finance on a 60/40 Loan to Value [basis]. In my opinion the A.I.B. proposal of financing even in July ’07 of 110% was absolute reckless lending practices, especially when the financial crisis was beginning in the USA. This type of financing was commonplace at A.I.B.

That is one example of the behaviour of bankers. In regard to personal borrowing, a constituent of mine in Newcastlewest managed to borrow \74,000 by way of letters of offer in the post and telephone calls without ever standing inside the door of a financial institution. That is absurd and appalling. The person in question cannot afford to repay that loan or anywhere near that amount. It was wrong to allow that person to borrow that amount of money. With regard to local banking, many years ago local bank managers were in a position of authority and could approve an overdraft facility, mortgage or a personal or term loan for their customers. That practice changed five or six years ago, not on foot of the banking crisis. The local bank manager cannot approve or increase an overdraft facility or approve any type of personal borrowing but a computer system can spit out letters that are issued to customers who might be with the bank for only six months, advising them that they now qualify to borrow up to \5,000 or \10,000.

Deputy Ruairı´ Quinn: Why does one need a bank manager?

Deputy John Cregan: Absolutely. That is a scandal. The bank manager lived locally and knew the bank’s clientele and the bona fides of its customers, their background and where they worked. No person was in a better position to judge whether a loan should issue to a customer. The banks seem to have moved away from that practice, which was probably considered unfashionable, and have gone to the other extreme. That is why people have amassed huge personal debt which they should not have been able to do. It is time we learned from our past mistakes. We must all acknowledge that we have a level of personal responsibility. While we can lay blame at the door of the banks, and rightly so, blame can be also apportioned in some instances to people who decided not to exercise their personal responsibility and were happy to borrow money in the knowledge that it would be extremely difficult for them to repay it. I welcome the Bill. I am confident the Minister, Deputy Brian Lenihan, will ensure the maximum protection for taxpayers. It is vital that we do. I am pleased the Minister in the Bill recognises that we have to learn from our past mistakes and I am glad to have had this opportunity to make a brief contribution. 74 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Minister for Education and Science (Deputy Batt O’Keeffe): The scale of the economic challenge facing Ireland is unprecedented. Our banking system is in crisis and businesses and households across the country are struggling. In response, the Government has devised a carefully considered solution to our financial sector difficulties — the National Assets Management Agency. In simple terms, NAMA will help banks to access cash to lend to businesses which, in turn, will stimulate our severely damaged economy. The NAMA Bill contains a number of important changes that will allow the agency to achieve its goal of stabilising the banking sector and restoring the flow of credit to businesses. At the same time, NAMA minimises risk to the taxpayer. Without a functioning banking sector, viable businesses and households across the country cannot access credit. This would mean more businesses would close and more jobs would be lost. As a result, our ability to deliver public services and invest in public infrastructure would be undermined. The bottom line is that banks are struggling to access funding because of concerns at home and abroad about risky property and development loans on their balance sheets. Because of the size of the Irish economy, Irish banks are heavily reliant on accessing funding from foreign financial institutions. Getting this funding is proving difficult and costs are high. As a result, Irish banks are restricting credit. NAMA will clean up the balance sheets of Irish banks and allow them to focus on their core business. It will strengthen and improve their funding position so they can lend to viable businesses and households. Some commentators have asserted that NAMA is about bailing out bankers and property developers, but that is not correct. Contrary to what some have claimed, NAMA will not buy the loans with money that could have been spent on public services. NAMA will issue bonds to the banks, essentially lOUs. The interest on these bonds will be paid out of the income NAMA receives from the good loans it takes over. Proceeds on loan repayments and property sales are expected to pay off in full the bonds that NAMA issues. These bonds can be exchanged for cash on world markets and at the European Central Bank. In other words, tens of billions of cash from outside the country will be pumped into our economy through the banking system. That will stimulate our economy. Above all, the Government’s primary concern is the welfare of the Irish people. The Govern- ment is determined to put in place provisions to protect the Irish taxpayer. There will be no easy terms available to borrowers from NAMA. They will be expected to pay the full amount owed by them in exactly the same way as they are obliged to pay their banks now. For borrowers who will not or cannot repay their loans according to the terms of their contracts, NAMA will pursue these using all the commercial and legal means at its disposal to get the maximum return. In addition, this Bill contains a specific provision to outlaw lobbying of NAMA in relation to any of its decisions. Any involvement by borrowers in the development or completion of properties acquired by NAMA will be strictly controlled. Our common cause must now be the future of Ireland and all her people. One would expect that this should not be a time for political parties taking populist positions. The stakes are far too high for that. Yet, the Opposition parties continue to treat the economy as the plaything of political expedience. Fine Gael is at odds with two of its own former leaders on an approach to the banking crisis. Perhaps that is no surprise when one considers the party’s proposal for a wholesale bank which, oddly enough, would not come into play until next October when the bank guarantee scheme runs out. I have news for Fine Gael. Ireland cannot wait 13 months before trying to clean up the banks and kick-start the economy. Fine Gael’s magic wholesale bank would supposedly get \2 billion in capital from the State and be able to borrow \40 billion from European Central Bank. This 75 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Batt O’Keeffe.] is not practical because the European Central Bank demands collateral. The wholesale bank would have to raise deposits and these almost certainly would be funds withdrawn from the current banks. Alternatively, the State would have to provide the wholesale bank with between \50 billion and \60 billion in bonds. There would be no benefit to the economy since the banks have access to the European Central Bank. Fine Gael wants to default on the bondholders of Irish banks, but the so-called professional investors to whom the party refers are pension funds, insurance companies and other long- term savings institutions that provide funds to banks here so that they can in turn lend to businesses and households. Defaulting on the providers of money to Irish banks would dry up funding. Those are the same providers of funds that are lending to us to finance our budget deficit and to keep State services running. I wish to deal with the Labour Party’s plan also. Labour wants to impose a 50% discount on the loans being transferred to NAMA. It has picked that number——

Deputy Ruairı´ Quinn: We propose 70%.

Deputy Batt O’Keeffe: ——because a discount of that size would wipe out the entire capital base of the entire banking system and the State would then have to recapitalise the banks in full.

Deputy Ruairı´ Quinn: It will have to do that anyway.

Deputy Batt O’Keeffe: That would achieve Labour’s ideologically driven goal of a fully State- owned banking system. Labour’s approach is in violation of EU Commission rules since the Commission insists that valuations must be determined following a due diligence examination of each loan. Under NAMA, each loan will be valued one by one. The Commission does not allow a flat discount across all loans as Labour proposes. The Government has ruled out the full nationalisation of Allied Irish Banks and Bank of Ireland on the basis of information from due diligence or stress test exercises undertaken in March and other information on expected future bank losses indicating that full nationalisation is unnecessary. Once an institution is fully nationalised, the State has to sustain the institution. Anglo Irish Bank is a case in point. The State has to ensure that the minimal capital is maintained in that institution. If that is not done, the institution ceases to be a bank and all the liabilities become an immediate charge on the State and the taxpayer. If Allied Irish Banks and Bank of Ireland were fully nationalised, shareholders would have to be compensated with cash from the State. At current share prices, that could mean a \5 billion cash payout. Where does the Labour Party propose the State finds that money? That is before a single cent of new capital has been injected. Full nationalisation would inevitably result in the downgrading of Ireland’s sovereign credit rating and the State would have to pay higher interest rates on its borrowings. Under the Labour Party’s plan, banks would be removed from the stock market. One can ask how the Labour Party would propose that the State would sell off its stakes over time and when it would do so. How would fully nationalised banks perform in the interim? The Labour Party cannot cost its proposal because once the State assumes total responsibility for the financial sector the cost could be endless.

Deputy Ruairı´ Quinn: I wish the Minister knew as much about the Government’s proposal as he seems to do about ours.

76 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Deputy Batt O’Keeffe: This is high-risk strategy that would inevitably cost taxpayers even more in the end and it would undermine confidence in the banking system and the country as a whole. Political interference in lending policy has a disastrous history worldwide. Full nationalisation is the nuclear option. It is no coincidence that the only country to have fully nationalised its banking system in this crisis is Iceland. The Labour Party would do well to remember that, instead of playing fast and loose with our economy. In his speech to the Da´il, the Minister for Finance said that within the legal boundaries in which NAMA must operate, and notwithstanding its commercial remit, that NAMA could have a role in creating balanced and desirable places to live with obvious benefits for sustainable social values. He said that NAMA could seek to facilitate the Department of Education and Science and the Department of the Environment, Heritage and Local Government where these bodies have requirements, for example, in terms of schools and parks, which facilitate the creation of desirable developments that encourage vibrant sustainable communities. He said that such bodies could be given first option on disposals for a limited period and although they would have to pay the reasonable market price required they would at least be given the first mover advantage. As Minister for Education and Science, I very much welcome that proposal and I look forward to pursuing it. Our mission is to have a healthy banking system that meets the needs of the wider community. If we do not act now to free our banks of their higher-risk loans, we will not be in a position to benefit from the economic recovery that appears to be emerging in the United States and in Europe. Without a healthy and functioning banking system, our businesses and service providers will not be able to grow and develop their products for our main markets. If we do not stand ready to take advantage of a global upturn as an open free-market economy dependent on foreign direct investment and international capital flows, we will lose market share and more jobs. Now is the time to act. The time for talk has passed. The Government will not shirk its responsibilities to this generation and those to come.

Deputy Ruairı´ Quinn: With the agreement of the House I wish to share time with Deputy Ferris.

An Leas-Cheann Comhairle: Is that agreed? Agreed.

Deputy Ruairı´ Quinn: I was elected to this Chamber in 1977. Twice in my time in this Chamber I have seen Fianna Fa´il bring this country to the brink of bankruptcy — in 1979 to 1980 and in the past year and a half. This Bill is coming from the same party with the same political ethos and the same recklessness that precipitated the previous bankruptcy threat and the current one. It is no wonder that the Irish economic crash is much worse than in any other member state of the European Union. The reasons are because of the scale of the property- driven inflation that was whooped and cheered on by Fianna Fa´il. What is extraordinary is that we have yet to hear one word of apology from the Taoiseach, Deputy Cowen, or his prede- cessor, or one word of admission that they had got it wrong but they are trying to correct it. We heard nothing of that nature this afternoon during Leaders’ Questions. We have not got a sense in any way that they are responsible for the mess in which we find ourselves. We have a complete and comprehensive financial and economic crisis. It is not just about the banks nor just about NAMA. What the Labour Party has proposed, in contrast to what it has been caricatured as offering, is something along the following lines. We need to restore credibility in the economic system and in those who are responsible for managing the financial services sector in particular if we are to attract and retain the type of investment we have so far enjoyed. Our proposal to do that is to establish a financial banking commission headed up by an Irish person of international reputation, such as Niall Fitzgerald, for example, but signifi- 77 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Ruairı´ Quinn.] cantly also with members such as a retired German central banker or a retired American central banker, people from outside the wider shores of this island, because not every investor in the world has an Irish grandmother and looks favourably on the old sod. We need to restore credibility and objectivity. We then need to turn to the Central Bank. I hold the view that all the members of the board of the Central Bank should be asked to submit their resignations at this point because they were part of a regulatory system that failed. I welcome the appointment of Professor Honohan. His international reputation is precisely what we need to restore credibility, but he should be assisted with a new board. I wish to deal with the issue that has been the subject of so many deliberate political slurs and misrepresentations coming out of the Pravda section of the Fianna Fa´il press office. It is no coincidence that the same line was used in the speeches of the Minister for Finance, Deputy Brian Lenihan, the Minister of State at the Department of Finance, Deputy 8 o’clock Mansergh, and the Minister for Education and Science, Deputy Batt O’Keeffe. I repeat what the Labour Party has said: if one pays a reasonable price for the distressed assets, the likelihood is that one will have to recapitalise the two main retail banks, not all the banks, just the two main ones, so they can get back to the high street business of facilitating business and liquidity. There is nowhere in any Labour Party proposal for the words “blanket nationalisation”. We have never referred to 100% nationalisation. We are talking about temporary public ownership, in the region of 70% plus, which we will probably have anyway. The banks will stay quoted on the Stock Exchange. The shareholders will not have their shares confiscated. The toxic loans would be taken out and some form of NAMA set up, whether a bad bank as in the Fine Gael proposal or based on our system. Some form of NAMA is required to separate non-performing toxic loans from the balance sheets of the banks so the main banking activity can continue. The boards of Allied Irish Bank and Bank of Ireland must complete their exit. So far, their chief executives and chairpersons have left but why stop there? We need new and properly appointed boards and the Opposition should be consulted by Government in this regard. I welcome the limited consultation we have had so far. The new tier of management that would come to the fore in those two banks — which currently have good management through the ranks — would be told they would receive no bonuses and no excessive salaries, that it is our intention to refloat 100% onto the market those banks temporarily in public ownership and that their bonus will be 5% to 10% of the realised value. This would be the incentive to management to achieve the best result. We would say to the shareholders that we are sorry that they have, as a result of mismanage- ment of the economy under Fianna Fa´il, lost their shirts and that dividends have been suspended. Most people who invested in bank shares did so not for capital appreciation of those shares but for the dividend income they provided. Those people who have held bank shares for the past 20 or 30 years did so for dividends, income that provided the most secure kind of pension available to them at that time. They have already lost this. We would say to the shareholders that we hope to again realise the value of these banks in seven to ten years and that the Irish state will take back in the realised profits only that amount of money invested by the taxpayer through the Government in the first instance and that whatever is left will be theirs. While they may not ever see that money their children or grandchildren will see it. That model has been used successfully in many other countries.

78 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Let me nail another Pravda lie from the Fianna Fa´il press office about political interference in a State run, State-owned financial institution. We have one from the stable of the Depart- ment of Finance. The life assurance companies in this country got into trouble in the 1930s and had to be bailed out and rescued. They were rescued by a State-owned entity, Irish Life, which was 95% plus owned by the State. The shareholding was held by the Minister for Finance and there was a residual private shareholding left over from the chaos that was rescued by the State payers. Nobody ever suggested that Irish Life was subject to political interference in the same way that the ESB, Bord na Mo´ na or CIE had been subject to political interference. There was no corruption of the commercial mandate from Merrion Street and rightly so. When that bank was subsequently successfully privatised over a number of years shareholders ended up getting money. Our biggest problem is that there are two people to be protected in this bail-out. This is a bail-out of one kind or another whether the discount is 30% or 70%. I welcome to the House the Minister, Deputy O´ Cuı´v, with whom I debated this point on a television programme some time ago. We both agreed that the critical point is the price. We now know the critical price. It is a 30% discount as distinct from what the High Courts were saying to Mr. Carroll should be a 70% discount. Whether the discount is 30%, 50% or 70% — which would be disastrous — the question is if the taxpayer is to have a degree of subsidy in all of this. I agree that some form of subsidy is required but what does the taxpayer get under the NAMA proposals currently before us? We get nothing. If we are in the seat whereby we receive part or temporary ownership of whatever the amount happens to be and the banks are refloated then the taxpayer gets that gain. Senator Share Ross said this afternoon on radio that it was significant that the stock market in Ireland was closed when the Minister was making his speech to the House. He predicted that when the markets open tomorrow the banks will be excessively happy and the market will have bounced up their value. That is a critical assessment from the only qualified stockbroker in these Houses. This gives us first sight of what will be the impact of the NAMA route as currently pursued by the Government. None of us has been here before. The Government has proposed a solution that we do not believe is a great solution and we have outlined alternatives. However, following conclusion of the Second Stage debate we will have an opportunity on Committee Stage to get right whatever proposal is now on the table. I hope that the arrogance and tribal negativism that we have witnessed so far from Fianna Fa´il will not close its mind and ears to the expertise in this House as referred to earlier by Deputy Burton. Sadly, listening to the speeches this afternoon from the Taoiseach and the Minister I do not hold my breadth. This issue is too big for any of us. The Government will not be in office following the next election. That issue has effectively been decided and the Government knows that as well as us. Let us get this right so that we do not have to pick up the pieces after the general election is called.

Deputy Martin Ferris: I thank the Labour Party for the ten minutes allocated to me. I take this opportunity to thank the Leas-Cheann Comhairle for the opportunity to register Sinn Fe´in’s complete opposition to the NAMA proposals. I must hand it to the Government, it is doing a great job robbing the people of this State. White collar crime is taken to a different level when the collar attached is the Minister for Finance. We found out today that NAMA will cost the Irish people \54 billion, which is approximately \12,000 for every man, woman and child in the State and that is before recapitalisation. Let us use the recent example of the Mr. Carroll case and the High Courts prediction that \77 billion worth of loans would be lucky to be repaid at \20 billion. This state is paying 79 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Martin Ferris.] \54 billion for them, which is robbery. However, we are told by the elected representatives sitting opposite, it is a necessary robbery. The banks loaned too much to a small number of profit-mad, greedy developers and the Government cheered them on with billions in tax-breaks. Now, our banking system is collapsed. Capitalism brought about the downfall but we cannot let capitalism sort itself out. The taxpayer must step in with \54 billion and bail out the banks, the developers and the most corrupt Government in the history of the State. We can privatise profit but we must socialise debt. We cannot put any of this down to ineptitude. This Government knows exactly what it is doing to the Irish people. Fianna Faíl has a tradition of stealing from the taxpayer and then lying about it. Former Taoiseach Charles J. Haughey is a class case in point and former Taoiseach Bertie Ahern had his own little misdemeanours. However, it is not alone those at the top of the party but councillors up and down the land who are up to their necks in sorry, seedy and greedy affairs. The words “brown” and “envelope” could have been invented for the Fianna Faíl Party. We have witnessed rezoning with brown envelopes handed over to corrupt councillors to ensure developers got their way. However, what they have done to date is nothing compared to what they are planning to do. Not only are they robbing this generation, they are robbing the next and future generations. The long term economic value is a particular coup. Why would we want to push land prices up to the same level they reached at the height of the boom? How did these prices affect our competitiveness? If land does not reach these prices the State may well have shelled out more than \20 billion too much. A figure of \20 billion, which is a conservative estimate, would pay for a world-class free health service, an education system and a social security system. It is enough money to build a country to which tourists would want to come and in which business wants to invest. However, to Fianna Faíl and the Green Party, that figure is just numbers. Who cares, they will not be in Government when it all comes crashing down, which is the great thing about politics and postponement. The leader of the Green Party, Deputy John Gormley and the Taoiseach, Deputy Brian Cowen, will be living comfortably on ministerial pensions when the real impact of NAMA hits. As I stated earlier, it is the next and future generations that will pay for this. Sinn Feín has been calling all summer for a referendum on NAMA. One cannot put through a Bill of this magnitude without asking the majority of the people of this island if they support it. We all know why Fianna Faíl will not hold a referendum. They know asking people to vote “Yes” to NAMA is like asking turkeys to vote for Christmas. We are calling on all Deputies and Senators to sign the petition we have circulated calling on the President to initiate a referendum on this proposal. This issue is of such importance that it is imperative we ask the people what they want. Opposition Members, Independents and Government backbenchers will have the opportunity to step up to the mark by standing up to bankers, developers and the Government in its proposal for NAMA. To do otherwise is to capitulate to the powerful players in the banking system. There is a way out of the black hole Fianna Faíl, together with its friends, the developers and speculators, has dug for this country. That way out is via nationalisation of the banking system. It would cost money but less so than NAMA. Moreover, taxpayers would then own the banks and they could be cleared out once and for all. It would be a people’s banking system. Sinn Feín is not interested in temporary nationalisation as proposed by the Labour Party. We cannot advocate handing back the banks to the very people who ruined them. How can one justify allowing those who brought the country to its knees to remain in charge? Instead, we propose the creation of a State bank which would foster the economy and give ordinary citizens the right to a bank account and a secure and affordable mortgage. The reality 80 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage is that the Government knows it may need to nationalise the banks in the wake of NAMA. Its protestations to the contrary are another example of how it has lied to the people. It is merely dragging out the cronyism as long as it can. Private property contractors will get to tender for the land taken over by NAMA. The key question is what price the latter will accept. The Green Party’s additional bows and ribbons do nothing to protect the taxpayer. That party should be ashamed of itself for what it is doing, with its Members desperately clinging onto their jobs while they hang the people out to dry. For many years I sat in this House listening to Green Party Members making constructive proposals. Now they have reneged on everything they stood for. They are pathetic. They should take five minutes out from pretending to save the planet and try to save the people who put them in this Parliament. Sinn Feín is opposing NAMA because it is ultimately an attempt to legalise corruption. It is all about taxpayers picking up the tab for Galway tent politics. It is not only a step too far, it is a step off the cliff. The Government has pushed the people as far as they can be pushed. It is no longer a Government of the people. Its support has collapsed and it is now a dictatorship. NAMA is devised primarily to bail out bankers and developers. It was this same Galway tent cartel that exploited the economy for personal gain. It is the same cartel which, with the oil companies, has exploited our national resources for profit. The same cartel will now, through NAMA, exploit ordinary, decent taxpayers. The people do not support Fianna Faíl’s solutions to the economic crisis it caused and they do not want the Government. Fianna Faíl no longer has a mandate. If it proceeds with NAMA, pushes through all the cuts recommended by an bord snip nua and delivers the budget everybody is expecting, it will have ruined us. It should put itself to the test by calling an election and seeking support for its policies, but I have no expectation it will do so. Like the Green Party, Fianna Faíl will try to cling to power for as long as possible. Throughout the State, viable small businesses are striving to survive and continue providing employment for ten or 15 people in their locality. Small businesses are the largest employers in rural areas but they are being driven to death’s door by the refusal of the banks to provide credit. These institutions are the landlords of the 21st century. They oversee the very system that has contributed to the wreckage of the economy but are now begging the Government, via the taxpayer, to bail them out. It is ordinary people who must pay for the mistakes made by those in charge of the banking system. Mortgage holders throughout the State, many of them young couples, are dependent on two incomes to meet their loan repayments. The same bankers the Government proposes to bail out are evicting people from their homes, taking ownership of their properties and then leasing them back to the former occupants. That is what is happening throughout the island. NAMA proposes to protect and bail out these banking interests. We propose instead that the system be nationalised. It is the people who should own the banks and these institutions must help those in need and deserving of support. That is the only way in which we can hope to restore the economy and have a country that reflects the ideals of those who founded it.

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): Ta´ a´thas orm deis a fhaíl cu´ pla focal a ra´ maidir le NAMA. Ta´ an-bheím a´ chur ar chu´ rsaı´ luacha´la, chomh fada agus a bhaineann siad le NAMA. Sı´lim gur cheart du´ inn breathnu´ ar an cheist leathan lena bhfuilimid ag ple´ inniu — an chaoi ina fheidhmeoidh an tı´r muna bhfuil co´ ras bainceíreachta eífeachtach ann. Ce´ go bhfuil an co´ ras bainceíreachta thar a bheith ta´bhachtach don phobal agus don eacnamaıócht, caithfear a ra´ go bhfuil an eacnamaıócht ann don phobal. Ma´ bhreathnaı´mı´d ar ghna´th-daoine, mar a du´ irt an Teachta Ferris, ta´ se´ thar a bheith ta´bhachtach don dream ata´ ag iarraidh gno´ a dheánamh muna bhfuil co´ ras bainceíreachta ann. Ceń chaoi is feídir le daoine gno´ a rith i gceart gan co´ ras bainceíreachta? Muna bhfuil co´ ras bainceí- 81 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy E´ amon O´ Cuı´v.] reachta ann, nı´l aon chreidmheas ar faíl do ghna´th-dhaoine ata´ ag iarraidh teach a tho´ gaíl no´ airgead a fhaíl le haghaidh mı´le cu´ is. Dar ndo´ igh, ta´ daoine ag deánamh dearmad ar rud eile — muna bhfuil an eacnamaıócht ag feidhmiu´ ,nı´ bheidh muid mar Sta´t in ann seirbhı´sı´ a chur ar faíl don phobal. Le cu´ pla seachtain anuas, ta´ an-chaint faoin gcontu´ irt a bheadh ann da´ mbeadh an luachaíl ro´ -ard — d’fheádfaimis roinnt billiu´ in euro a chailleadh de bharr sin. Creidfimid go bhfuil se´ sin clu´ daithe sa Bhille. Beidh contu´ irt i bhfad nıós mo´ ann muna bhfuil an eacnamaıócht ag feidhmiu´ .Ma´ ta´ difrıócht de \3 billiu´ n i gceist in aghaidh na bliana, o´ thaobh foinse ioncaim de, idir an eacnamaıócht a bheith ag fa´s agus gan bheith ag fa´s, taímid ag caint mar gheall ar difrıócht se \30 billiu´ ni gcistı´ an Staít laistigh de treímhse deich mbliana. Creidim go bhfuil figiu´ r den chinea´l sin coimea´dach. Ma´ fha´gaimid rudaı´ mar ata´ siad, beidh an bearna idir an chaoi ina bhfuil rudaı´ agus an chaoi ina bhfeádfaidı´s a bheith ma´ leanfaimid le NAMA i bhfad nıós mo´ na´ \3 billiu´ n in aghaidh na bliana. Mar sin, nuair ata´ NAMA a´ scru´ du´ againn, nı´ cho´ ir du´ inn na cu´ ng- socruithe airgeada no´ bainceíreachta amhaín a scru´ du´ . Caithfimid breathnu´ ar an tionchar a bheidh acu ar an eacnamaıócht. Caithfimid ceist a chur orainn fheín—ce´ acu is fearr o´ thaobh an eacnamaıócht, seírbhı´sı´ poiblı´ agus postanna de? Nach bhfuil se´ nıós fearr ioncam a bhailiu´ don Rialtas agus Staít chun a chaitheamh ar seirbhı´sı´,na´ airgead a tho´ gaíl ar iasacht? Da´ bhrı´ sin, ta´ se´ soileír go gcaithfimid rud eígin mo´ r agus ceart a dheánamh. Ba mhaith liom rud eile a leíriu´ sa dıóspo´ ireacht seo. Cloisim an-chuid caint ar bhainceírı´, ar bancanna agus ar airgead na mbainc. Go minic, nı´ do´ igh liom go bhfuil daoine ag smaoine- amh ar ce´ is leis an chuid is mo´ don airgead ata´ sna mbainc. Shı´lfea´ gur le dream beag daoine an t-airgead ar fad ata´ sna mbainc, ach nı´ mar sin ata´.Ma´ rachfaimid go dtı´ foinse na billiu´ in euro a bhıónn a´ laímhseaíl ag daoine aírithe sna margaı´ eágsu´ la, gheobhfaimid amach gurb e´ mo chuid airgead agus do chuid airgead ata´ i gceist. Duine ar bith a bhfuil taisce acu sa mbanc no´ sa chomhar chreidmheasa, caithfidh siad a thuiscint go gcuirtear na taiscı´ ar fad le cheíle. Deánann na chomhair chreidmheasa infheistiu´ i mbainc eile. Da´ dteipfeadh ar na mbainc, ca´ mbeadh an t-airgead sin ansin? Bıónn daoine ag caint mar gheall ar bannaı´ airgeadais. Ta´ nıós mo´ eolas ag pobal na hE´ ireann ar na mbannaı´ seo ar fad anois na´ mar a bhı´ trı´ no´ ceithre seachtain o´ shin. Ceárd iad fheín, a´fach? Sa chuid is mo´ , is iad na bannaı´ na freámhacha a cothaıónn do phinsean no´ d’ıócaıócht a´rachais. Cuirtear na cistı´ ar fad le cheíle istigh sna comhlachtaı´ pinsean no´ a´rachais agus deántar iad a infheistiu´ .Ma´ theipeann ar na mbainc, gheobhfaidh gach mac ma´thair sa tı´r seo amach go tobann go bhfuil se´ thıós leis go pearsanta. Taímse den tuairim go bhfuil an oiread fı´bıń ar daoine breathnu´ ar na droch-bainceírı´ seo. Nı´ miste leo ce´ a ghorto´ idı´s sa mbealach. Ta´ se´ cosu´ il le buama adamhach a u´ saíd chun duine mı´-ionraic a scriosadh, agus a ra´ gur cuma sa diabhal go bhfuil na ceádta mı´le maraithe agat. Is mar a cheíle e´ sa cha´s seo. Mar sin, nı´ dıógh liom go dtuigeann duine ar bith a deireann nach ga´ co´ ras bainceíreachta a bheith ann an tsu´ na´maı´ a leanfadh teip ar an gco´ ras sin. Before discussing the detail of the various proposals, it is important to examine the fundamental issue of what action needs to be taken. Those who advocate the nuclear option of allowing the banks to go under and those who argue that we do not need a banking system do not know who are the ultimate owners of much of the money in the various funds and bonds and do not realise the vital importance of the banking system in day-to-day business. We must have a functioning banking system. As Deputy Ferris noted, many small business owners cannot secure access to credit. Deputies will also be aware of individuals who cannot access credit, including young people who wish to purchase a house, and others who require loans for various purposes. It is important, therefore, to reflect on the importance of a functioning banking system. 82 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

We have heard a great deal in this debate about who takes the risk. The banking system is discussed as if it functioned in isolation from the society in which we live. Let us compare the status quo with a scenario in which the banking system is functioning again, credit is flowing, business can be done and jobs are created. Let us consider this scenario solely in terms of the increase in tax revenue we would secure. Leaving aside the social and human anguish of proceeding on the current path, the economic impact would be to starve people of cash, thus ensuring that business is not done and a large number of people remain unemployed. It is my conservative estimate that the lift we would get re-starting the economy would result in an annual increase of \3 billion in income to the State from taxation. With tax revenue this year expected to be approximately \33 billion, an increase of \3 billion or 10% would be relatively small, particularly when one considers that annual tax revenues were running at \55 billion at one point. Nevertheless, over a period of ten years, the increase would amount to \30 billion. Every other risk associated with our proposal pales into insignificance when set against the risk of doing nothing. One hears a great deal about bankers and the banking system. I do not know any bankers, not even my bank manager, or developers. I keep away from such activities and lead a simple life, which has been devoted to community work. To imagine, however, that bank bonds and so forth relate solely to rich people’s money is to fail to understand the nature of the banking system. I have often noted the large sum of money held in our credit unions. I believe it stands at \7 billion or \8 billion. When a large number of people save a little, the money accumulates and enters the banking system. Anyone who would even contemplate allowing the entire system to fall is proposing Armageddon for ordinary people whose deposits, insurance premia and pensions payments would be wiped out. Those who work in the offices of financial institutions move large sums of money around the system through various investments. Much of this money consists of the pension contributions, insurance premia and deposits of ordinary people. Those who are not required to assume responsibility may speak banally about getting bankers but forget that they propose to use a nuclear missile to hit their target. They do not care whether 100,000 or 200,000 people are washed away in the tsunami that follows. Having examined the various options, while I do not agree with the Sinn Fe´in proposal to nationalise the banks, at least it emanates from a principled position, one which would have been popular in the 1960s and 1970s. It reflects a view that in some way a nationalised bank would become a people’s bank. I do not believe that would happen, even in the case of full nationalisation, because such a bank would be subject to the same conditions and lending practices in the money markets as any privately owned bank. The NAMA solution provides for public interest directors of banks and offers an incentive for ordinary business. This mix provides the best of two worlds which will serve our society and economy. From a philosophical point of view, I empathise with the idea that the people should own the banks but have less understanding for the Labour Party policy. Having examined it from every angle, I just do not get it. People are forgetting our Constitution, the nature of our society and property rights. If we were to nationalise the banks, independent assessors would have to be appointed and full market value would have to be paid for the nationalised institution. Such a proposal does not make sense. If, for instance, the banks were worth \4 billion, what would be the point of borrowing \4 billion at an interest rate of 4% to buy bank shares? Such a move would not do anything for bank liquidity because all the money would go to shareholders. I am not an expert on constitutional law but the notion that one could appropriate a bank on the premise that shareholders would have some of the action at some point in the future 83 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy E´ amon O´ Cuı´v.] does not stand up to scrutiny. It is important in this debate that people are honest enough to admit if their proposals do not stand up to robust challenges. I examined closely the Fine Gael Party document which proposes, among other things, to move money between good and bad banks. The end game of its proposal appears to be to use a clever sleight of hand to make the subordinated loans worthless. Somebody has to take a hit to get the balance sheet right. If it is not the taxpayer, through refinancing the banks, it must be someone else. This would be very handy if it was possible. All of these issues can be teased out. Having followed the debate for months and having been privy to Cabinet discussions on the issue, I believe the Government proposal is a robust, effective and legally sound solution to the problem. As regards valuations, I believe that when NAMA is finished it will at least break even and probably make a profit. It is hard to see that property prices will fall in real terms over the next ten years. The up-valuation is only equivalent to an average, modest consumer price index rise in that period. There are those who say it would be glorious if property prices continued to fall. Obviously property prices went way beyond where they should have gone, but those who say it would be great if they kept going down are forgetting all those who bought houses in the last five years and the disaster they would face if that scenario came to pass. People who see ever falling property prices as a happy ending are ignoring a huge section of our population who borrowed money to buy houses and whose negative equity would be enormous if property prices were to fall further. As with everything in life, there is a happy medium. One can price up the real value of a house and there is such an intrinsic value. If one wants to get the real price of a house fairly accurately, one should ask a person who built a one-off rural house what the bricks, doors, windows and other bits cost and what labour cost, paying the fair, standard rates in our society. To that, one must also add a modest amount for the site, which is the real intrinsic price. If it falls much below that, the only people who will gain are those with a lot of cash resources who know that inevitably, sooner or later, property prices will come back to the bricks and mortar cost. They will be able to make a killing in the certainty that there is a real price for this, not just some imaginary one. The Government gave figures today and it was bound to do so. If assets are appropriated there will be performing loans. We must remember that we are buying the loans secured by the assets. There seems to be an idea that we are buying properties, but we are not; we are buying the full loan. If one has a loan and one pays it fully to the bank there is no question of losing a property. It is in the case of default that one’s property comes into question. Time and again we have stressed that properties will be valued individually, item by item. I am sure that in some of these portfolios there will be different types of securities and each one will be valued on its real value, taking a long-term valuation on those for which it is appropriate to do so. We hear the example of a field in some town in the midlands or the west that was zoned for development and where enough houses have been built for the next 20 years. It may have been bought at an exorbitant price, but if there is no chance of development, the Minister and Government spokespersons have said repeatedly that there will be no question but that it will be valued at its real price, i.e. the agricultural value. It is important to play straight and fair here. In any debates I have had with Deputy Quinn on this issue he has been straight and up front. He has been responsible in the way he has dealt with it. I hope that when we get to Committee Stage, all sides of the House will work together to try to make the legislation even better. We must try to see if there are flaws in the Bill and, if so, improve it. 84 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

The idea of publishing a draft Bill was to give plenty of time to people to analyse, debate, examine it and come up with suggestions. A lot of changes have already been made, not to the fundamental principles which are absolutely sound, but to the details. I look forward to a constructive debate with people addressing what everybody agrees is one of the huge challenges we face in the future. I have no doubt that within this Bill we have the wherewithal to create a proper, functioning banking system that will serve our people well. That will allow the economy to regrow. There are still huge opportunities in our land. In time to come it will be seen that Ireland’s response to this crisis was constructive and imaginative and solved the problem. I hope it will do so in a relatively short period.

Deputy Michael Ring: I wish to share time with Deputy Varadkar.

An Leas-Cheann Comhairle: Is that agreed? Agreed.

Deputy Michael Ring: What happened today in this House reminds me of the day five friends of mine left Westport. They were going to Kerry and on the way the Galway races were on. They did not have much money and were going on holidays. When they went to Galway they got a tip for a horse and decided to put all this money on it. I am sorry to say, however, that the horse did not win. That is the risk that taxpayers will have to put up with now. This country has the Department of Finance, the Financial Regulator, the Central Bank and other agencies which were fully staffed with taxpayers’ money. They all received benchmarking and were well paid. A year ago the fraud squad investigators went into Anglo Irish Bank and now, almost a year on, not one person in the Department of Finance, the regulator’s office or the Central Bank has lost his or her job. When I saw the regulator’s performance on “Prime Time”, I was not surprised to see what happened with the banks in this country. One would wonder who appointed him. I do not know how he was appointed but I am sure people will tell me. Where were the Department of Finance, the regulator and the Central Bank when this scandal was going on? In America, the man who defrauded taxpayers was brought in in handcuffs and is now in jail. Our guys, however, are out sunning themselves abroad with taxpayers’ money and we now have to bail them out. It is not the first time we have had to bail them out. Does the Minister remember when Anglo Irish Bank invested money in America? This House had to be recalled and the taxpayer had to bail it out again. Does he remember what happened to the PMPA? We know who it supported. We had scandals in the insurance industry and the taxpayer had to bail it out.

Deputy E´ amon O´ Cuı´v: The Deputy is forgetting ICI. His party bailed it out and did not charge it for doing so. His memory is failing.

Deputy Michael Ring: I did not interrupt the Minister. Next year, the Galway tent will be open again. It will be a tent because there will not be much building going on in the country. We will have all the Fianna Fa´il builders in thanking the Minister, Deputy O´ Cuı´v, and the Minister for Finance for saving them. This is what this Bill is about. It is not about taxpayers, it is about Fianna Fa´il builders who have subscribed to that party for the last 20 years. I have been listening to the Minister and the puppets who come in with speeches written for them by the Department of Finance——

Deputy E´ amon O´ Cuı´v: That is not so.

Deputy Michael Ring: ——telling us that this is not bailing out the Fianna Fa´il builders, but it is doing so. 85 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Michael Ring.]

A lady and her husband attended my constituency office on Monday. They got a site from their family and had saved \120,000. They wanted \80,000 to finish the house but sought \100,000 because they wanted to decorate it. They went to three banks in my town and not one would give them either amount. They had put \120,000 into the house themselves. They had a site which, at worst, was worth \50,000, giving them a property worth \170,000 and they could not secure \80,000 to complete their house. We are bailing out bankers and I hope, for the sake of the country, that this works. I have no faith in Fianna Faíl and I have less faith in the Green Party because they have lost their way in office. They did not lose their way today or yesterday but they did so over many months. The people have made up their minds. They want to get rid of Fianna Faíl. They want the party out of government because they are sick and tired of the way they have been treated. They are sick and tired of the way the party has looked after the economy. They are sick and tired of the way Fianna Faíl has looked after its friends in every section of society. They were fixed up in every corner that they could be fixed up and the State can no longer afford to pay them. An bord snip had to be brought in because Ministers did not act the way they should have in government. As a Front Bench spokesperson for Fine Gael, I ask the Minister and the Minister for Justice, Equality and Law Reform and Department of Finance officials to let us know what is the up to date position regarding all the investigations into Anglo Irish Bank, Allied Irish Banks and all the other banks before the legislation is passed. I want that on the record of the House and I want to see people arrested for what they did. Banking is a simple and basic business. Bankers take in and loan out money but they loaned more than they had and they put their own shareholders and the country at risk. We are the laughing stock of Europe and the world because the Minister and his colleagues, including former taoisigh and Minsters for Finance, went out to Europe with their chests out telling their colleagues that we had the best economy in the world. We had so much money we were the most well off people in the world. It was the greatest false economy there ever was and when Deputies Bruton, Burton and others tried to point out and identify what was happening in the real world, nobody in the Government listened. Have we qualified people in the Department of Finance? Are they qualified in commerce? Do they really know what is going on in the world? Why could the Central Bank, the Financial Regulator and the Department of Finance not see between them that our banking institutions would bring the country down? They did nothing about it. The country could collapse and I do not want that to happen. Some banks do not have a penny to lend and yet again hard pressed taxpayers are keeping bankers in their jobs. Some taxpayers could lose their jobs while others will have to take a reduction in their wages and work harder than ever. Nothing will have changed in five years time if NAMA works. Another Government could be before the House in ten or 15 years bailing the same bankers out because we did not learn. I would love to say the banks should be nationalised but while I would love to see them be allowed to collapse, that would damage the country. However, I want to see some of the people in Anglo Irish Bank jailed for the activities that took place. They were supported by Fianna Faíl and Ministers and I want these people to be named and shamed. Who drew down loans from these banks? It was a scandal. I have learned one thing since I entered politics, which is that there are two laws in the country. There is one for the poor and one for the rich. When I was elected to the Daíl many years ago, a man pulled me aside on the street. He said, “You’ll learn one thing, sonny, when you go into the Daíl. It doesn’t matter whether you are Fine Gael or Fianna Faíl. When it comes to the rich, the poor will pay and the rich will always look after the rich”. That is what is happening. The poor of this country will have to bail out the rich. 86 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

Developers have put their property into the names of their wives or children or have put it outside the State and I am glad the Minister for Finance said it can be taken off them and the taxpayer will not be paying for their bad loans while they save their good properties. I want the banks dealt with. I want some action in the Department of Finance. The regulator should have been sacked a long ago while the Central Bank failed to do its job.

Deputy Leo Varadkar: I refer to the comments of the Minister for Education and Science. He either misrepresented or misunderstood our policy. I do not propose to go into the detail but if he wants to sit down with me——

Deputy E´ amon O´ Cuı´v: I would like to hear an explanation of the Fine Gael policy.

Deputy Leo Varadkar: Both the Minister for Education and Science and the Minister for Finance mentioned two former Fine Gael Party leaders, Alan Dukes and Garret FitzGerald. I respect both of them but they have not been right about everything in their careers and they are not right about NAMA. We have heard very little about the views of former Fianna Fa´il leaders on this legislation. They have been silent but I am not surprised. The party’s previous leader, Deputy Bertie Ahern, was bankrolled personally by stockbrokers and developers and Charles Haughey was bailed out by the banks. Through NAMA, Fianna Fa´il is repaying the debts of its former leaders. In approaching this debate, we must ask what are the common principles and what we are all trying to achieve. First, we want to minimise the risk to the taxpayer in any policy to save the banks. Second, we want to repair the financial system in order that credit can flow again to small businesses, homeowners and consumers. NAMA does not protect the taxpayer. We were informed earlier the book value of the loans is \77 billion, which includes \9 billion in rolled up interest. It is not that long since Sean FitzPatrick told us the banks did not roll up interest for developers. The real haircut is 20% and not 30%, as the Minister suggested earlier. He also admitted the long-term economic value of the loans is \7 billion higher than the market value. It is at least that amount because the figures also include the equity put in the developers and it remains to be seen how much is phantom equity. It may be found that the cost to the taxpayer could be substantially higher than \7 billion and it could be as much as \16 billion. The Minister’s calculations are based on two massive gambles. The first is that property prices have bottomed out. having fallen 47% since the market peaked and this is where they will sit. That is untrue. Next year will be characterised, according to the Government’s projections, by increasing unemployment, decreasing wages, which it has promised to cut, and higher ECB interest rates. On that basis, there is a strong probability property prices will continue to fall. It is at best a wish for the Minister to base his calculations on a 47% fall from peak but it is definitely a gamble. All the Government’s projections fall if property prices decrease further. They could fall 1% a month over the next few months but once interest rates increase, prices will fall again and that will destroy the Minister’s projections. The second gamble is the projection that NAMA will break even every year. This is based on two arguments, one of which is that 40% of the assets to be purchased are performing. That probably is the case but the Minister is assuming they will continue to perform once they have been taken over by the agency and once interest rates begin to increase next year. That is a false assumption. The Minister is assuming that because 40% of the loans are performing now, they will continue to perform next year. That is a big gamble. In addition, the entire exercise is based on the 1.5% coupon that is being charged for the NAMA bonds. Where are the Government’s projections? Where has it factored in the likelihood that interest rates will rise? Everyone accepts that the ECB will start increasing interest rates in the 87 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage

[Deputy Leo Varadkar.] middle of next year. Where are the Government’s projections in this document showing what will happen when ECB rates start rising, how much more those bonds will cost us and how many of the developer loans that are now performing will cease to perform? Why are there no projections for that? They are none because the Government knows if that happens NAMA fails and not only do we have to pay it all back in ten or 15 years, but NAMA will take a loss every year which we also have to pay for. We also have risk sharing. We were promised by the Green Party, with the usual pomp from the Minister, Deputy Ryan, that we would have equal risk sharing. Whatever equal is, it is not 5%. Maybe he left out the zero, but 5% versus 95% is not equal risk sharing; it is just a fig leaf for the Green Party. Will NAMA get credit flowing to business, homeowners and people who want to buy? I do not think it will because the mortgage books are also in trouble and there will be 17% unemployment, falling incomes and rising interest rates next year. Businesses are going out of business and the business books are in trouble too. The personal loan books are also in trouble. Irish banks owe \100 billion to foreign banks. They financed their lending for the last four years not from deposits but from the \100 billion they borrowed from foreign banks and institutions. That has to be paid back. They will also have to rebuild their capital ratios. A 4% or 5% tier 1 capital ratio will not be acceptable — it will have to be 8%, 9% or even 10%. All the extra money the Government is giving to the banks will stay in them not because of badness but because, given those realities, they will not be able to lend money. When it is clear that money is not flowing into the economy, in February, March or April next year we will come back to the idea of a national recovery bank, because the only way we will get money flowing into the economy is by setting up a new clean bank and not relying on giving \7 billion to the zombie banks and thinking it is enough for them to increase their capital ratios, write down all their losses on developer loans, cover their losses on mortgage and personal loans and deal with their foreign liabilities. What happened with foreign liabilities is amazing. In 1995 the banks’ foreign liabilities were approximately 10% of GDP. In 2003 it was still 10% of GDP, but between 2003 and 2007 it went up to 50% of GDP. That is the amount the Irish banks borrowed from overseas to lend into the Irish economy and whether we like it or not it all has to be paid back and a de- leveraging of \100 billion from the Irish economy will be painful and NAMA will not fix that problem. I have some questions which have not been addressed in any statements. How long does the 1.5% coupon from the ECB last for, when does it start to rise and where are the Government’s projections for it? Regarding the breakdown of the haircut by each bank, we know how much in terms of loans the Government will buy from each bank but we do not know how much the write-downs are. For all we know, the write-down for AIB or Bank of Ireland might only be 5% or 10%. Meanwhile, the write-down for Anglo Irish Bank might be 60%. If that is the case it puts a very different reflection on the Bill. We do not know how long it will unwind over. What has the ECB said to us about the repayment of the bonds? Surely they are not perpetual. At some point there will have to be some unwinding of the bonds and when will that be? The Minister kindly expressed his concern about people in negative equity, which includes people like me who bought in 2004, tens of thousands in my constituency and hundreds of thousands of people in my age group. What is in this Bill to assist people who are in negative equity? What is in it to assist people who are facing debt deflation for the first time since the 1930s, whereby a rising share of their falling income is being paid to the banks, the new land- 88 National Asset Management 16 September 2009. Agency Bill 2009: Second Stage lords whom the Government want to bail out? What does the Government have to say for them? It has nothing to offer. Regarding associated loans, 36% of the loans referred to in the document are not land or development loans but are associate loans. What are they? Are they personal loans for developers? Are they loans to finance their mansions and horses? The largest section of loans the Government is buying is associated loans, then land and developments and I want to know more about them. I would also like to know what proposals the Government has for staff in the banks. The banking sector will shrink and there will be redundancies. What provisions will the Government make to ensure they are done fairly and the workers are properly compensated and looked after? We had a very good performance today from the Minister, Deputy Lenihan. He is a very good barrister who is very well trained at making a very bad case seem good and he did that well today, but it does not change the fact that this is based on sand. As most people in the Chamber will know I am a capitalist and I believe in capitalism, the free market and enterprise. It is the best way to generate wealth and it is then the job of Government to ensure it is spread fairly. However, I do not believe in capitalists any more because they seem to want socialism for themselves. When they start up they want subsidies, when they are making profits they want to be protected and when they fail they want to be bailed out. That is what this is. It is socialism for the super rich. As politicians we need to defend capitalism against the capitalists. That is the key question which comes before us today. This is NAMA, it does not protect the taxpayer and does not get credit flowing to businesses or homeowners. It merely saves the banks from nationalisation. It must be asked if it is really worth just that.

Deputy Sea´n Ardagh: I am pleased to have the opportunity to commence my contribution to this debate on NAMA. It is important to look at the record of the Minister for Finance on initiatives he has taken in banking. One such initiative is the guarantee that was given. We know up to now more than \1 billion has accrued in fees to the State as a result of it. The situation regarding bank recapitalisation is far better. The figures given in the NAMA document were eye-opening and it was the first time many of us got such inside information on the finances of Bank of Ireland and AlB. The market capitalisation of AIB today at 5.30 p.m. was \2.3 billion and the share price was \2.63. When the Minister for Finance took up the redeemable convertible preference shares along with the warrants of 8%, there was an option to convert those shares into 25% of the issued capital. If one took AIB and Bank of Ireland on the basis of their share price today, there would be a profit of \1.3 billion just from converting preference shares into equity. Along with that, the Minister is getting 8% of a coupon. The recapitalisation was a significant investment and a very good deal. Deputy Varadkar mentioned the 1.5% coupon, asked how long it would last and when it would be unwound. The banks will get a significant amount of money——

Deputy Leo Varadkar: Does the Deputy know the answer?

Deputy Sea´n Ardagh: ——that they will have at 1.5%.

Deputy Leo Varadkar: He does not know it. 89 The 16 September 2009. Adjournment

Deputy Sea´n Ardagh: At this point in time, according to the green book, they have available certain amounts of money for SMEs and mortgages. The amount drawn down under those headings in both banks is substantially less than what they have available at this point in time, without the availability of cheap money. When the 1.5% coupon becomes 9 o’clock available the banks should, in order to continue in business, be chasing loans of all descriptions. Those who this year could not get a loan for a car, washing machine or furniture will see the banks going hand over fist to give out such loans. We all know that savings are at a record high. Consumer confidence and spending are needed. This proposal will bring about significant confidence among everyone in Ireland, particularly consumers. It will also lead to significant spending which will result in more employment, more activity within the economy, more taxation and an improvement in the budget figure, which is the bottom line. The haircut that will apply to AIB will account for \7.2 billion of the \24 billion total. According to the bank, it has made provision for \2.2 billion. Therefore, there is a shortfall of \5 billion in its provision. Its core tier 1 capital is approximately \10 billion or \11 billion. As \5 billion can be taken from that figure as a result of NAMA, further private or Government capital will be needed by the bank. I hope the private capital people will come in and avail of the opportunity available. There is market capitalisation of \2.2 billion for the whole bank. As it will be difficult to secure the remaining \5 billion, the Government will have to go in again. I hope it will be able to do as good a job as it did with the recapitalisation deal and that the interests of the taxpayer will be well looked after.

An Leas-Cheann Comhairle: I remind the Deputy that, in accordance with an order made by the House earlier today, his contribution will resume tomorrow after the party leaders have contributed to the debate and Private Members’ business has concluded. Debate adjourned

The Da´il adjourned at 9 p.m. until 10.30 a.m. on Thursday, 17 September 2009.

90 Questions— 16 September 2009. Written Answers

Written Answers.

————————

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

————————

Questions Nos. 1 to 153, inclusive, resubmitted.

National Statistics. 154. Deputy John Deasy asked the Taoiseach the number of full-time farmers in County Waterford in each of the years from 1998 to date in 2009; and if he will make a statement on the matter. [30099/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The exact information requested by the Deputy is not available. The Farm Structure Survey provides regional estimates and the following table shows the latest figures for the South-East region in June 1997, 2000, 2003, 2005 and 2007 (the latest year currently available).

Number of Farms in the South-East Region — June 1997, 2000, 2003, 2005 and 2007.

Year Farmwork is sole Farmwork is not sole Total occupation of farm owner occupation of farm owner

1997 13,400 5,200 18,600 2000* 10,500 6,400 16,900 2003 10,200 6,100 16,300 2005 9,600 6,300 16,000 2007 8,800 6,300 15,100 *June 2000 Census of Agriculture figure.

The South-East region comprises counties Carlow, Kilkenny, South Tipperary, Waterford and Wexford. Figures at county level are only available from the 2000 Census of Agriculture. There were 2,800 farms in County Waterford on 1 June 2000; on 1,700 of these, farmwork was the owner’s sole occupation. The next Census of Agriculture is planned to take place in June 2010.

Departmental Bodies. 155. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the membership, the work plan, the number of meetings held and the recommendations made by the high level group on the labour market in 2009; and if he will make a statement on the matter. [30524/09]

The Taoiseach: The High Level Group on Labour Market Issues was established earlier this year and has had one meeting to date. The Group is chaired by my Department and its mem- 91 Questions— 16 September 2009. Written Answers

[The Taoiseach.] bership is comprised of officials from the Departments of Enterprise, Trade & Employment; Social & Family Affairs; Education & Science; and Community, Rural & Gaeltacht Affairs; and two nominees each from the Employer, Union, Community & Voluntary and Farming Pillars of Social Partnership. Currently, work in this area is being progressed by a cross-departmental Senior Officials Group under the Cabinet Committee on Economic Renewal. Further meetings of the High Level Group will be convened as necessary.

National Minimum Wage. 156. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the number of employees on the minimum wage; the number of employees on the minimum wage who are male and female; the number of employees on the minimum wage who are under 25 and over 25 years; and if he will make a statement on the matter. [30526/09]

Minister of State at the Department of the Taoiseach (Deputy Pat Carey): The information sought by the Deputy is contained in the National Employment Survey (NES), an annual workplace survey published by the Central Statistics Office. The most recent NES was published in July 2009 and uses data collected for October 2007 as its reference point. The National Minimum Wage rate in operation in October 2007 was \8.65 per hour. An estimated 83,800 employees were paid that amount or less, equivalent to 4.9% of all employees. There were an estimated 33,800 males and 50,000 females paid the National Minimum Wage rate or less. Of the 83,800 estimated employees paid the National Minimum Wage rate or less, 46,300 were under 25 years of age while 37,500 employees were 25 years or older. More recent information on employees and the National Minimum Wage is available from the quarterly Earnings, Hours and Employment Costs Survey (EHECS) but only for the Indus- trial and Financial Intermediation sectors. The data for Q1 2009 shows that there were approximately 2,800 employees in the industrial sector (or 1.3% of all employees in Industry) who were in receipt of \8.65 or less, while there were estimated to be less than 50 employees in the financial sector (or 0.1% of all employees in the sector).

Departmental Agencies. 157. Deputy Charles Flanagan asked the Taoiseach the budget of the Office of the Director of Public Prosecutions in 2005, 2006, 2007, 2008 and 2009; and if he will make a statement on the matter. [31410/09]

The Taoiseach: The budget for the Office of the Director of Public Prosecutions for each year 2005 to 2009 is as follows:

Year Budget ’000 \

2005 33,656 2006 33,635 2007 35,795 2008 44,522 2009 41,101

Consultancy Contracts. 158. Deputy Michael D’Arcy asked the Taoiseach the companies which have been successful 92 Questions— 16 September 2009. Written Answers in tendering for contracts for his Department in the past 20 years; the other companies which tendered for the same contracts; the tender prices for these contracts; and if he will make a statement on the matter. [30170/09]

The Taoiseach: Since 2002 my Department has maintained a database which records details of all contracts awarded after a tendering process, including year, name of successful tenderer, and contract value. The schedule below details all companies which have been successful in tendering for contracts for my Department and the contract value since 2002 to date. It is not practicable to provide all of the details sought, however I would be happy to provide details in relation to any specific queries the Deputy may have.

Year Successful Tenderer Contract Value (inc VAT)

2009 Ipsos MORI 34,626.49 Qualcom 27,240.00

2008 Ashville Media Group 235,744.02 Club Travel Ltd * Goodbody Economic Consultants 33,880.00 Hudson Talent Management 45,552.34 Ipsos MORI 69,817.00 MJ Flood Technology 3,932.50 National Council of the Blind 1,022.00 Raymond Burke Consulting 3,375.90 Sogeti Ltd 2,268.75 The Design Station 1,294.70 The Design Station 5,140.00 The Design Station 15,982.21 The Design Station 6,383.61 The Economist Intelligence Unit 408,375.00

2007 Arnotts Ltd. 10,219.32 Bluewave Technology * Europus * EW Technologies 2,614.00 Indecon Int. Economic Consultants/Life Strategies Ltd. 133,100.00 Initial Washroom Solutions 2,359.36 Ipsos Mori 19,904.50 Isolde Goggin and Gillian Lauder 108,900.00 Lenovo Ireland 943.80 Neopost 9,374.40 NextiraOne 53,775.61 PA Consulting Services Limited 70,733.35 Pitney Bowes 12,463.00 Prontoprint 3,134.61 Prontoprint 3,329.50 RA Consulting 18,101.00 The Design Station 10,914.20 The Design Station 24,955.52

93 Questions— 16 September 2009. Written Answers

[The Taoiseach.] Year Successful Tenderer Contract Value (inc VAT) \ 2006 Applied Signs & Display Ltd 2,099.35 Boyd Freeman 94,000.00 Caroline Erskine, Media Consultant 24,805.00 Code Ltd 8,730.00 Dell * Economic and Social Research Institute 103,429.00 Fitzpatrick Associates Economic Consultants 40,656.00 Goodbody Economic Consultants 29,040.00 Lenovo Ireland 3,811.50 Mary Higgins, Management and Social Policy Consultant 44,388.00 MORI Ireland Ltd. 17,847.50 Olivia McEvoy 3,542.00 QTS Ltd 2,541.00 Sureskills * The Design Station 10,710.00

2005 Boyd Freeman Design 324,500.00 BT (Formerly Cara) 74,768.00 Colour Books 24,992.00 Dell 49,052.19 Dell 23,930.50 Dell 78,861.75 Ergo 7,786.35 Fitzpatrick Associates 37,207.50 Good Practice Ltd 33,350.30 IQ Content Ltd 38,478.00 IT Force 36,414.00 MORI Ireland 32,972.50 OKI Systems Ireland Limited 82,320.34 Slick Fish Design 21,155.64 Sureskills 156,071.85 System Dynamics 21,900.84 Watson Wyatt 25,925.00

2004 Dell 8,167.50 Dell Computer Corporation Ltd 16,335.00 EuroKom 9,256.50 Goodbody Economic Consultants 29,766.00 HCM Consultants and Actuaries Limited 33,524.56 IT Force 61,407.00 Langley Freeman Design Group Ltd. 140,000.00 McCann FitzGerald Solicitors, 76,894.34 Pan Research Ltd 6,313.81 System Dynamics * System Dynamics 18,854.83 Zerflow 5,929.00

94 Questions— 16 September 2009. Written Answers

Year Successful Tenderer Contract Value (inc VAT) \ 2003 Accenture 152,913.75 Alpha CC 6,171.00 Alpha CC 4,065.34 BIC Systems 78,892.00 Cara 78,892.00 Carr Communications 68,100.00 Celare Ltd 18,851.50 Celare Ltd 2,074.55 Ciara Browne Consultant 3,993.00 Club Travel Limited * Dell Computer Corporation, Ireland 1,034.55 Dell Computer Corporation, Ireland 4,433.44 Design ID Ltd 50,712.00 Dublin City University 1,331.00 Entrophy Ltd 54,753.99 E.S.R.I 7,260.00 Flesihman-Hillard Saunders 33,383.00 Fujitsu Consulting 15,125.00 Fujitsu Services 21,575.89 Fujitsu Services Ltd 15,730.00 Fujitsu Services Ltd 39,863.45 Fujitsu Services Ltd 16,656.46 Lan Communications 19,651.61 Langley Freeman Design Group Ltd. 35,884.00 Methodica Ltd 11,852.00 NextiraOne 90,669.13 Sonas Innovation 49,610.00 Watson Wyatt 25,410.00 Watson Wyatt 14,520.00

2002 Acrobat Design * Decision Support Systems (DSS Ltd) 112,144.00 Decision Support Systems (DSS Ltd) 102,485.79 Dell 32,275.54 FTS Computer Services Ltd 13,697.20 IT Force 55,055.00 KPMG Consulting (Bearing Point) 87,732.56 Lansdowne Market Research Ltd. 42,894.50 Models Research 36,336.00 OKI Systems (Ireland) Ltd 21,193.15 Sord Data Systems Ltd 28,767.75 *These contracts were dependent on the level of usage.

National Partnership Agreement. 159. Deputy Leo Varadkar asked the Taoiseach if he will include representatives of Oppo- 95 Questions— 16 September 2009. Written Answers

[Deputy Leo Varadkar.] sition parties in the social partnership talks on a national recovery plan; and if he will make a statement on the matter. [30172/09]

162. Deputy Leo Varadkar asked the Taoiseach his views on expanding social partnership to establish a new pillar for the Opposition parties; and if he will make a statement on the matter. [30175/09]

The Taoiseach: I propose to take Questions Nos. 159 and 162 together. Social partnership is a structured approach to engagement between the Government and the Social Partners, organised in the following five pillars: Employer/Business, Trade Union, Farm- ing, Community and Voluntary and Environmental. This engagement leads to periodic agreements based on a shared analysis of the needs of the economy and society, and a set of shared objectives, such as those contained in Towards 2016. The engagement between the Government and the Opposition Parties takes place in the context of the framework of democratic accountability, under which the Government is accountable to the Oireachtas. In this context, the Government is accountable for its management of, and interaction with, the Social Partnership process. Implementation of commitments included in Social Partnership agreements which involve legislative or Exchequer commitments are subject to the same democratic process through the Oireachtas as all other Government proposals, while debate on relevant issues takes place regularly in both Houses and in Oireachtas Committees. The Opposition’s engagement with Social Partnership can be developed through these established mechanisms. There is no proposal, therefore, to establish a pillar of Social Partnership to represent the Opposition Parties.

Departmental Staff. 160. Deputy Joan Burton asked the Taoiseach the number of staff in his Department, including all authorities, agencies or other institutions under the aegis of his Department, who have applied for the incentivised early retirement scheme and the incentivised career break scheme; the number who have been made redundant in the past 12 months; and if he will make a statement on the matter. [30173/09]

The Taoiseach: The information requested by the Deputy in respect of the Incentivised Career Break Scheme and the Incentivised Early Retirement Scheme are set out in the tables listed below.

Department of the Taoiseach

Title of Scheme Number who applied under the Scheme

Incentivised Career Break Scheme 5 Incentivised Early Retirement Scheme 3

None of my Department’s staff have been made redundant in the past 12 months.

Central Statistics Office (CSO)

Title of Scheme Number who applied under the Scheme

Incentivised Career Break Scheme 25 Incentivised Early Retirement Scheme 9

No Central Statistics Office staff have been made redundant in the past 12 months. 96 Questions— 16 September 2009. Written Answers

National Economic and Social Development Office (NESDO)

Title of Scheme Number who applied under the Scheme

Incentivised Career Break Scheme Nil Incentivised Early Retirement Scheme Nil

In accordance with the terms of the Implementation of Savings Measures on Public Service Numbers, NESDO did not renew the contract of one member of staff whose three year contract expired on 20th June 2009. No other staff contracts come up for renewal before the end of 2010.

Departmental Expenditure. 161. Deputy Richard Bruton asked the Taoiseach if he made submissions to the special group on public service numbers and expenditure programmes on potential savings in his Department; the contents of the submissions made; if the McCarthy group has made proposals to him; the contents of these proposals; and if he will make a statement on the matter. [30174/09]

The Taoiseach: Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes, and the decisions on all of the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Question No. 162 answered with Question No. 159.

Departmental Staff. 163. Deputy Fergus O’Dowd asked the Taoiseach the number of staff employed by his Department in County Louth by location; if such staff are permanent, temporary, part-time or on fixed contracts and so on; the accommodation used by such staff; if same is owned, leased or otherwise rented by his Department; the cost of same per annum; if leased, when such lease expires; his proposals to close, amalgamate or expand his Department’s presence in County Louth; and if he will make a statement on the matter. [30176/09]

The Taoiseach: My Department is based in Government Buildings, Dublin 2. It does not have a physical presence in County Louth, and accordingly, the question of staff on permanent or temporary contract, cost of accommodation, expired leases etc does not apply.

Northern Ireland Issues. 164. Deputy Joe McHugh asked the Taoiseach the work carried out by him to progress Strand II of the Good Friday Agreement since he took office as An Taoiseach; his plans to progress Strand II of the Good Friday Agreement in the coming 12 months; and if he will make a statement on the matter. [30177/09]

The Taoiseach: Strand II of the Good Friday Agreement sets out arrangements for the establishment of the North South Ministerial Council to bring together those with executive responsibilities North and South to develop consultation, cooperation and action within the island of Ireland. The Council meets in different formats, in plenary format twice yearly, in sectoral format on a regular and frequent basis and in institutional format to consider institutional or cross sectoral matters. 97 Questions— 16 September 2009. Written Answers

[The Taoiseach.]

There are six implementation bodies:Waterways Ireland, Food Safety Promotion Board, Trade and Business Development Body (InterTradeIreland), The Language Body/An Foras Teanga/North-South Body (consisting of two agencies i.e. Foras na Gaeilge and Tha Boord o Ulster-Scotch) Foyle, Carlingford and Irish Lights Commission (consisting of two Agencies i.e. The Loughs Agency and Lights Agency). Each of the Bodies operates on an all-island basis. While having a clear operational remit, all operate under the overall policy direction of the North South Ministerial Council, with clear accountability lines back to the Council and to the Oireachtas and the Northern Ireland Assembly. There are six areas of cooperation dealing with aspects of Agriculture, Education, Environment, Health, Tourism, including Tourism Ireland and Transport. In each case, common policies and approaches are agreed in the North South Ministerial Council but implemented separately in each jurisdiction. The St Andrews Agreement provided for a Review of the North South Implementation Bodies and Areas for Co-operation. The Review is examining the efficiency and value for money of existing Implementation Bodies, the case for additional bodies and areas of cooperation within the NSMC where mutual benefit would be derived, and providing input into the work on the identification of a suitable substitute for the proposed Lights Agency of the Foyle, Carlingford and Irish Lights Commission. Progress under Strand II of the Good Friday Agreement is considered on a regular basis at Plenary meetings of the North South Ministerial Council. I have answered questions in this House on the outcome of the meetings in Derry on 23 January last and the most recent meeting on 6 July in Farmleigh House in Dublin. At recent Plenary meetings we have had very useful discussions on the economic challenges facing all parts of this island and we have considered progress on North/South Co-operation in areas such as health, education, transport and tourism. In July we noted the following items:

• our re-affirmed commitment to the A5 and A8 road projects in the North and agreement to make a contribution of \9m to these before the end of the year.

• close co-operation on the Influenza A/H1N1 outbreak;

• agreement on a framework for the removal of waste illegally dumped in Northern Ireland;

• progress on introducing the mutual recognition of driving disqualifications;

• intensified co-operation on Child Protection;

• progress on suicide prevention;

• continued co-operation in education on the approaches to the integration of newcomer children in schools;

• the further development of the www.borderpeople.info website.

The Council also noted that the St Andrew’s Review Group is continuing its consideration of the report of the experts/advisers on efficiency and value for money of the existing Implemen- tation Bodies and Tourism Ireland Limited. It confirmed its intention to conclude the St Andrews Review process before the end of 2009 and it instructed the Review Group to accelerate its work on all the elements of the Review and to provide a final report to the next meeting of the Plenary.

98 Questions— 16 September 2009. Written Answers

The Council also noted the Executive’s ongoing review of the Civic Forum. Following the conclusion of the Government’s consultations with social partners and other groups from civic society in 2008, the Government forwarded proposals for the establishment of the Forum to the Northern Executive. At the NSMC meeting, it was noted that the Government intends to hold a conference in Autumn 2009 involving social partners and other groups in civil society who have an interest in North/South co-operation. The Conference will take place on 15 October next. The establishment of a North South Parliamentary Forum is, of course, a matter for the Oireachtas and the Northern Ireland Assembly. At the NSMC plenary meeting we welcomed the establishment of two working groups, by the Oireachtas and the Northern Assembly respectively, to progress discussions on the establishment of a North South Parliamentary Forum. Progress will be reviewed at the next NSMC Plenary. In addition to the Plenary meetings there have been 26 sectoral meetings under the NSMC since May 2008 and one meeting in Insti- tutional format which took place last April. The next NSMC plenary meeting will take place before the end of the year and I look forward to making further progress on the North/South agenda.

Departmental Staff. 165. Deputy Niall Collins asked the Taoiseach if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31234/09]

The Taoiseach: There are currently no civil servants from this Department in receipt of a fee, salary or remuneration and expenses for holding a position as a member of a board or agencies including commercial and non-commercial state body.

Departmental Expenditure. 166. Deputy Damien English asked the Taoiseach the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31583/09]

The Taoiseach: The amounts spent by my Department on advertising and promotions from 2004 to date are set out in the table beneath.

2004 2005 2006 2007 2008 2009

\\\\\\

31,071 12,988 377,045 277,365 65,525 10,329

Expenditure was incurred for a variety of purposes including advertisements in the national media in relation to:

• commemorative events such as the National Day of Commemoration and the Annual 1916 Easter Rising Commemoration; 99 Questions— 16 September 2009. Written Answers

[The Taoiseach.]

• the OECD review of the Irish Public Service;

• public consultation associated with the Statute Law Revision Programme;

• preparation of my Department’s new scheme in accordance with Section 15 of the Official Languages Act, 2003;

• public consultation process in relation to the Taskforce on Active Citizenship.

Expenditure was also incurred by my Department for Official notifications which were placed in Iris Oifigiu´ il to publicise the making of Government appointments, Government Orders and related matters. The expenditure incurred on advertising by the agencies under the aegis of my Department from 2004 to date is set out as follows

National Economic and Social Development Office

2004 2005 2006 2007 2008 2009

\\\\\\

6,033 13,315 33,647 10,819 10,832 nil

National Economic and Social Council

2004 2005 2006 2007 2008 2009

\\\\\\

nil 492 1,119 1,040 563 nil

National Economic and Social Forum

2004 2005 2006 2007 2008 2009

\\\\\\

26,127 nil 12,571 678 23,303 8,297

National Centre for Partnership and Performance

2004 2005 2006 2007 2008 2009

\\\\\\

1,537 nil nil 1,087,843 434,831 nil

I would point out that the National Centre for Partnership and Performance (NCPP) undertook a major Public Awareness Campaign during 2007 and 2008 to promote the Government’s National Workplace Strategy. The funding was provided under the Workplace Innovation Fund and was spent in accordance with domestic and EU public procurement procedures.

100 Questions— 16 September 2009. Written Answers

Central Statistics Office (CSO)

2004 2005 2006 2007 2008 2009 \\\\\\

86,634 125,756 1,566,475 72,164 42,944 nil

Apart from 2006, when CSO’s advertising expenditure included significant Census of Popu- lation related advertising (radio/television/national & local press), CSO’s expenditure on advertising and publicity comprised:

• recruitment campaigns for CSO specific grades (Statistician/field force personnel).

• awareness campaigns relating to specific surveys or modules of surveys, for example the Quarterly National Household Survey (QNHS) and the Household Budget Survey (HBS).

Since the Government decision in mid-2008 to cut advertising expenditure, CSO has not undertaken any advertising. The recently completed pilot Census test was not advertised and the recent recruitment campaign for HBS field work positions was undertaken through FA´ S.

Departmental Programmes. 167. Deputy David Stanton asked the Taoiseach the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31717/09]

The Taoiseach: There is no discernible cost to my Department’s vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There are minor costs in processing forms and in carrying the up- front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of my Department is \1,039.47.

Ministerial Expenses. 168. Deputy George Lee asked the Taoiseach the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31951/09]

The Taoiseach: The amount claimed in expenses by each of the Taoisigh and the Ministers of State in my Department from 1997 to 2008, is detailed in the tables below:

Taoiseach John Bruton (January 1997 to June 1997)

Expenses claimed

1997 \1,697.03

Minister of State Donal Carey (January 1997 to June 1997)

Expenses claimed

1997 \15,542.29

101 Questions— 16 September 2009. Written Answers

[The Taoiseach.]

Minister of State Avril Doyle (January 1997 to June 1997)

Expenses claimed

1997 \1,736.90

Minister of State Jim Higgins (January 1997 to June 1997)

Expenses claimed

1997 \109.17

Minister of State Gay Mitchell (January 1997 to June 1997)

Expenses claimed

1997 \13,698.10

Taoiseach Bertie Ahern

Expenses claimed \

June 1997 322.55 1998 3,466.31 1999 4,508.60 2000 8,723.57 2001 5,012.24 2002 2,155.62 2003 3,747.60 2004 5,587.20 2005 3,597.82 2006 2,843.14 2007 2,258.77 May 2008 1,883.46

Minister of State Seamus Brennan

Expenses claimed \

June 1997 1,334.04 1998 680.33 1999 772.79 2000 2372.86 2001 2164.95 2002 0.00

102 Questions— 16 September 2009. Written Answers

Minister of State Mary Hanafin

Expenses claimed

2002 304.76 2003 8,936.67 2004 3,529.56

Minister of State Dick Roche

Expenses claimed

2002 14,203.61 2003 20,620.42 2004 15,080.31 2007 484.67 2008 0.00

Minister of State Tom Kitt

Expenses claimed

2005 1,304.85 2006 1,272.44 2007 951.47 2008 694.47

Minister of State Noel Treacy

Expenses claimed

2005 650.02 2006 206.47

Taoiseach Brian Cowen

Expenses claimed

2008 \1,609.44

Minister of State Pat Carey

Expenses claimed

2008 \0.00

103 Questions— 16 September 2009. Written Answers

Departmental Agencies. 169. Deputy Lucinda Creighton asked the Ta´naiste and Minister for Enterprise, Trade and Employment the reason the five year practice requirement for appointment of lawyers to the Employment Appeals Tribunal has not commenced; and if she will make a statement on the matter. [30123/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Section 9 of the Redundancy Payments Act 2003 amended section 39(2)(b) of the Redundancy Payments Act 1967 by providing that Vice-Chairmen of the Employment Appeals Tribunal should, before their appointment, each have had not less than 5 years experience as a practising barrister or practising solicitor. That was meant to be an underpinning, in legislation, of the fact that Vice Chairmen have a legal background. Section 9 has not been commenced because of ongoing consideration of the optimum structure and organisational arrangements for Employment Rights Bodies.

Departmental Programmes. 170. Deputy Richard Bruton asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will provide details of the \250 million job protection programme; when she expects this scheme to commence; the financial mechanisms being used to fund this scheme; and if she will make a statement on the matter. [30171/09]

191. Deputy Deirdre Clune asked the Ta´naiste and Minister for Enterprise, Trade and Employment the steps she has taken to implement the employment subsidy scheme for exporting companies that she recently announced; the take-up of this scheme; and if she will make a statement on the matter. [30582/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 170 and 191 together. The Government introduced an Employment Subsidy Scheme (Temporary) in the context of rising unemployment to help employees retain their jobs while at the same time assisting employers in retaining their productive capacity. The purpose of the scheme is to support the maintenance of vulnerable jobs and thereby:

• Help the economy retain its productive capacity and employers retain the labour, knowledge and skills of the workforce thereby supporting a faster return to sustainable growth;

• Help employees retain their jobs, and

• Ensure that economic and fiscal stability is promoted by avoiding the cost of statutory redundancy payments and the longer-term cost of social welfare.

The total potential cost of the Scheme is \250 million of which up to \60 million may be released in 2009. The Scheme provides a subsidy of \9,100 per employee over a 15-month period. The Scheme aims to support up to 27,400 jobs. The scheme applies to vulnerable but viable companies in the manufacturing or internationally traded service sectors. It involves the payment of a subsidy to firms on condition that they retain an agreed number of jobs. The scheme is managed by Enterprise Ireland and the closing date for applications wasthe 4th September 2009. These applications are currently being considered by Enterprise Ireland.

Business Regulation. 171. Deputy George Lee asked the Ta´naiste and Minister for Enterprise, Trade and Employ-

104 Questions— 16 September 2009. Written Answers ment the duration it takes to register a new business name with the Companies Registration Office; her plans to reduce this waiting period; and if she will make a statement on the matter. [30859/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): Currently, the average time it takes to process new applications for business names is eight weeks. I can assure the Deputy that every effort is being made within the current resource constraints to reduce the current processing time and to ensure that customers of the Companies Registration Office receive the best possible service.

Departmental Programmes. 172. Deputy Sea´n Ardagh asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will reconsider the withdrawal of the funding of the return to education scheme in the disadvantaged areas of Fatima, Rialto and Bluebell in County Dublin (details supplied); and if she will make a statement on the matter. [30092/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I am advised by FA´ S that there has been no withdrawal of funding for the Return to Education Programme and contracts are currently being prepared and issued for the next term.

Industrial Development. 173. Deputy John Deasy asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment her plans to bring new industry to Waterford city and Dungarvan, County Waterford, in view of recent announcements of substantial job losses in the area; and if she will make a statement on the matter. [30102/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Industrial Development agencies under the aegis of my Department, IDA Ireland and Enterprise Ireland, together with the Waterford City and County Enterprise Boards, are responsible for enterprise development in County Waterford. In line with the National Spatial Strategy, IDA Ireland is concentrating its efforts in the County on the Gateway City of Waterford and the town of Dungarvan. The County has a long and strong track record as a centre of manufacturing expertise. It has a key strength in engineering both in indigenous and overseas industry. In more recent years however, the focus has been on attracting newer and more advanced manufacturing, particularly in the Life Sciences Sector and in the area of Inter- national & Financial Services activities. At present there are thirty one IDA Ireland supported companies in Waterford City and County employing approximately 5,960 people. In addition to marketing the County for new inward investment, the agency is also actively engaged with its existing clients to encourage their transition to higher value activities and to promote further investment in Ireland. In the area of providing tailored property solutions to meet the needs of existing and prospective clients, the agency has developed the Waterford Business & Technology Park and the Dungar- van Business Park. In addition, it has developed a large scale Greenfield site in Belview, specifically targeted to larger scale utility intensive overseas investments. A further site on the Kilme- aden Road in Waterford City is also available for Greenfield investment. In parallel with developments on the property side, IDA Ireland continues to work closely with Third Level Educational Institutions in the South East Region so that the skill sets necessary to attract high value added employment to the County are being developed. The agency

105 Questions— 16 September 2009. Written Answers

[Deputy Mary Coughlan.] also works with the Training and Employment agency FA´ S to ensure that the requirements of industry, particularly in the area of training and up-skilling, are being met. Enterprise Ireland provides a rapid incubation programme designed to provide hands-on support and management development for entrepreneurs who wish to start their own business. As part of Enterprise Ireland’s South East Regional Strategy, the South-East Enterprise Plat- form Programme is underway at the Waterford Institute of Technology with sixteen participants to date in the current Programme. As part of the ongoing drive to promote entrepreneurship in the region, Enterprise Ireland has also run a series of Enterprise START workshops to encourage potential entrepreneurs to explore their business ideas. A total of forty nine participants from Waterford have taken part in the workshops held in 2009. The development of Community Enterprise Centres is a crucial part of EI’s drive to create new regional enterprise. The agency approved funding in 2008 of \450,000 towards a new Centre in the Ballybeg area and the Cappoquin Enterprise Centre was approved a grant of \50,000 for a Manager. The annual South East Enterprise Week, which showcases successful entrepreneurs and encourages and assists current and potential entrepreneurs, will take place from 12 to 17 October this year. Throughout the South East, events will take place to promote and encourage entrepreneurship. Local Enterprise Ireland staff are closely involved in the initiative through the Spirit of Enterprise Regional Forum. Waterford City Enterprise Board held a number of information days for the staff of Waterford Crystal, offering potential entrepreneurs the opportunity to engage and discuss the different facilities available from the CEB. The CEB has since assisted a number of employees to set up their own businesses through the provision of financial assistance and the appointment of a Mentor to assist with the development of those business plans. The Board has refocused its training programmes to assist businesses to maintain growth and employment through the present economic crisis. Topics covered include Sales Training, Getting Paid / Controlling your Cash Flow and Overhead Cost Savings. A “Fresh Start 2009” Seminar was held on 11 September to showcase what supports are available from local agencies and organizations when exploring the idea of setting up a business. Following on from this seminar, the CEB hopes to provide a Business Idea Generation Programme for those wishing to pursue a career in entrepreneurship but may not have a clear business objective. The Board also intends to hold a series of Business Information Clinics as well as a number of lunch-time seminars covering such topics as Marketing on a Shoe-string, Basic Book Keeping, Managing your Business Costs and Open Source Software. The Board has joined with the Business Department of Waterford Institute of Technology to hold a number of seminars on looking at self-employment as an option for future graduates. Waterford County Enterprise Board is currently working on a marketing programme with the tourism sector to increase visitor numbers and cultivate the industry in Co. Waterford. The Board is also working with Waterford IT in an attempt to revitalise the glass industry in the Region. I am satisfied that the policies and initiatives being pursued by the Industrial Development agencies and the CEBs will continue to bring about industrial development and employment opportunities for Waterford City and Dungarvan.

174. Deputy John Deasy asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the number of factories in Waterford city and county, on which the Industrial Develop- ment Authority has long-term lease agreements, which are empty; the cost to the State of long- term lease agreements for such premises; and if she will make a statement on the matter. [30103/09]

106 Questions— 16 September 2009. Written Answers

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Under the Industrial Development Acts, the management of IDA Ireland’s industrial property portfolio is a day to day operational matter for the Agency and not one in which I have a function. I am informed by the IDA that there are 6 units in Waterford City and County on which the agency has long term lease agreements, and which are currently available for use. The amount due on the balance of the leases of these 6 properties is \1,545,096. However, it is anticipated that a number of these properties will be occupied or redeveloped during that period, which has the potential to reduce this liability. It is a critical part of IDA Ireland’s strategy that a portfolio of buildings be continuously available for its clients and those of Enterprise Ireland.

Redundancy Payments. 175. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30307/09]

176. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30308/09]

177. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30309/09]

178. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30311/09]

179. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30312/09]

180. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30313/09]

181. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if statutory redundancy payment will be awarded to a person (details supplied) in County Limerick. [30314/09]

202. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if he will ensure that statutory redundancy is awarded in respect of a person (details supplied) in County Limerick. [31034/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to takes Questions Nos. 175 to 181, inclusive, and 202 together. The Redundancy Payments Section of my Department has received a number of statutory Lump Sum applications from the relevant individuals in respect of their former employment with Irish Dresden (In Liquidation). My understanding is that the lump sum applications for the former employees of Irish Dresden are currently being processed, and payment is expected within the next two weeks.

107 Questions— 16 September 2009. Written Answers

Employment Support Services. 182. Deputy Charlie O’Connor asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will work with the various State agencies to tackle the unemployment situation in Tallaght; her views on the fact that Tallaght is the third largest population centre here with a very young population; and if she will make a statement on the matter. [30342/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The number of persons signing on to the live register in the Tallaght region as at end August 2009, stands at 10,121, an increase of 87% over the last twelve months, the number of people under 25 years of age signing on in Tallaght was 2,563 in August 2009 an 85% increase from August 2008. This reflects the national trend over that period as the economic crisis has taken hold. (Live Register up nationally by 192,672 or 77.9% in the last 12 months). In response to the increase in unemployment my Department through FA´ S, the National Training and Employment Authority, is prioritising on a national basis, the need to assist and up-skill those who have become unemployed. While activation measures will assist individuals in securing employment and enhancing their skills, the key to addressing our unemployment problem is the creation of more jobs. My Department remains strongly focussed on supporting and promoting enterprise development to create new jobs. In this regard the Enterprise Development Agencies of my Department, including IDA Ireland and Enterprise Ireland, are working to ensure that we continue to grow the economy and jobs even in the current more challenging climate. FA´ S Employment Services in Tallaght has recently undertaken one of the biggest direct marketing operations in the history of Tallaght, in conjunction with the Local Employment Service and the FA´ S Training Centre. This operation directly targeted people signing on in the Local Department of Social & Family Affairs office in Tallaght by giving them information and an invitation to come into the Training Centre for a briefing on all the available courses. The first of these briefings was completed on 9th September 2009, and will continue each Wednesday in September 2009. FA´ S Employment Services also hosted the first pilot programme in the country to support the many Managers and Executives in Tallaght who have been made redundant. This Executive Networking and Support Programme was very successful with a 45% placement rate. FA´ S Employment Services is also promoting the new Work Placement Programme in the area, with many employers beginning to avail of this programme. FA´ S Employment Services is also working in collaboration with colleagues in Northern Ireland in placing many of the local youth from Tallaght in the Wider Horizons/ Springboard programme. There are approx 70 participants in these projects from Tallaght annually. The programme covers Media, Child Care, Leisure Industry, Performing Arts, Options etc. As part of the programme, participants gain training and work experience placement abroad in London, South Africa, Montreal and Canada. FA´ S is also enlisting the support of the local people in Tallaght to ascertain why only 60% of Tallaght people turn up for the courses offered to them. This is a major issue with the amount of time and finances wasted by this large attrition rate. By year end, FA´ S Employment Services will have placed approximately 5000 clients in Tallaght on training courses despite the large attrition rate. Over the past 5 years, IDA Ireland has promoted Tallaght and South County Dublin as being well equipped to compete with other areas for potential foreign direct investment, with superb infrastructural facilities at Citywest and Grange Castle, and a third level Institute of Technology at Tallaght. In Grange Castle, planning permission has been approved for an Advance Integrated Circuit Manufacturing and Research facility. In November 2008, Microsoft Corporation announced,

108 Questions— 16 September 2009. Written Answers that it had selected Grange Castle as the location for its new European data centre. Microsoft plans to invest $500m in the construction of the data centre and will employ up to 75 people. In addition, in July of this year Takeda had the official opening of its pharmaceutical plant in Grange Castle. This facility already employs 40 of the 60 people planned for recruitment. This facility will manufacture Takeda’s blockbuster type II diabetes drug Actos. The development and manufacture of Takeda’s future pipeline products for clinical trials will also take place at Grange Castle. These developments will be an invaluable tool for the future marketing of Grange Castle as a potential source of high quality and large-scale employment for the population of the environs, including Tallaght. Enterprise Ireland’s activity in Tallaght is focused on the creation of new jobs through supporting entrepreneurs in manufacturing and internationally traded services companies and by supporting entrepreneurs to set up High Potential Start-Up Companies. Enterprise Ireland works closely with the Tallaght Institute of Technology in encouraging the commercialisation of research and has approved financial support of over \2.6m to the Institute for the development and management of a Campus based Incubation Centre. This centre provides entrepreneurs with affordable space in an environment which provides support to them to research their new ideas and to afford them the opportunity to bring about new indigenous businesses. The agency has also approved support of \1.225m for a Centre of Excellence at the Institute of Technology Tallaght, the focus of which is Microsensors for Clinical Analysis.

Employment Rights. 183. Deputy Thomas Byrne asked the Ta´naiste and Minister for Enterprise, Trade and Employment the position in regard to a company (details supplied); the agents or agencies investigating this matter; the timetable for these investigations; the date on which her attention was drawn to this case; the agent or agency that brought it to her attention; if legislation, either primary or secondary, is being drafted to prevent this practice from being used by other companies or if such legislation exist; and if she will make a statement on the matter. [30365/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I assume that the Deputy is referring to a matter which has been referred to the Labour Court. The Labour Court is an independent statutory body which acts independently in the carrying out of its functions. The Deputy’s question would relate to a matter concerning the day-to-day operation of the Court, and is one in which I have no function.

Redundancy Payments. 184. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if she will ensure that payment will be awarded in the case of a person (details supplied). [30377/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): An employer who pays redundancy to a qualified employee is entitled to seek a rebate from the Social Insurance Fund (SIF) in the order of 60% of the statutory amount. The Redundancy Payments Section of my Department has received statutory redundancy rebate applications from the employer concerned in respect of three of his former employees. In the case of one of the applications the rebate payment has recently issued to the employer. Two outstanding applications received in March and April of this year await processing. Due to the unprecedented increase in the volume of claims on hand, claims received in January are currently receiving priority attention. Claims completed manually, submitted by post and

109 Questions— 16 September 2009. Written Answers

[Deputy Dara Calleary.] received in January and claims submitted online (to www.entemp.ie) received in February are currently being processed. Claims submitted online because of their nature tend to have a faster processing time. All claims are processed strictly in order of date of receipt in fairness to all claimants.

185. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Enterprise, Trade and Employment the status of the redundancy payment application in respect of a person (details supplied) in Dublin 24. [30448/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I am pleased to advise the Deputy that the Redundancy Payments Section of my Department has completed the processing of the redundancy application for the individual concerned and that a statutory redundancy lump sum payment was authorised on the 28th of August 2009. Payment of the amount involved will follow shortly thereafter.

186. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Enterprise, Trade and Employment the number of outstanding redundancy payment claims from January 2009 to date in 2009. [30449/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): There are 41, 854 claims currently on hand as of 4th September 2009. This figure includes claims at various stages of processing, including those which were incomplete and/or which require further information to allow processing to be completed.

Unemployment Levels. 187. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Enterprise, Trade and Employment her views on the large increase in youth unemployment and the fact Ireland has the second highest levels of youth unemployment among young men at 26.5% in western Europe; the measures she has initiated and plans to introduce to assist young people back into the labour market; and if she will make a statement on the matter. [30525/09]

190. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Enterprise, Trade and Employment if she will convene a special meeting of social partners, including youth organisations, to discuss measures to address youth unemployment; and if she will make a statement on the matter. [30529/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): I propose to take Questions Nos. 187 and 190 together. At the end of quarter 1, the Quarterly National Household Survey youth unemployment rate stood at 19.3%; the Central Statistics Office will release quarter 2 figures at the end of September. The Government is aware of the difficulty of providing suitable opportunities for young people in the current downturn. A number of measures have been developed to tackle the problem of the rise in youth unemployment. These include the following:

•FA´ S has more than doubled the number of training and work experience activation courses from 66,000 in 2008 to over 130,000.

• Through the National Employment Action Plan preventive strategy, just over 5,600 clients, who crossed the three-month unemployment thresholds and who were aged 18

110 Questions— 16 September 2009. Written Answers

to 24 years, were interviewed by FA´ S between January and June 2009. Either half left the Live Register or were referred to a FA´ S programme.

• In circumstances where there is not an immediate job available, the client will be referred to the ‘Youth into Workforce’ programme.

• Through the Local Training OptionsinFA´ S almost 1,000 Early School Leavers have started FA´ S Training and Employment Programmes in the year to June 2009.

•FA´ S is developing a Youth Framework outlining the services FA´ S can offer to early school-leavers.

• To support apprentices to complete their apprenticeship, the Government has introduced The Employer Based Redundant Apprentice Rotation Scheme which provides for the on- the-job training for redundant apprentices with employers who have released their own employed apprentices for off-the-job training.

• ESB has agreed to recruit 400 redundant electrical apprentices to allow them to complete their on-the-job training and assessments.

• Institutes of Technology are providing 700 places per annum on an 11-week certified training programme for apprentices.

• More generally, a number of new training programmes for those who have lost their jobs in the construction sector have been introduced by FA´ S.

• The Government introduced a Work Placement Programme in June of this year for 2,000 unemployed, with half of the scheme earmarked for graduates who have been unemployed for six months or more, while 25% of the remaining places are earmarked for persons under the age of 25.

As part of its ongoing review of labour market policy, it is intended that officials will engage in a consultation process with key stakeholders on the priorities for unemployment policy in the near future.

FA´ S Training Programmes. 188. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Enterprise, Trade and Employment the breakdown of the progress in filling the 16,525 training places being provided by her, announced in the supplementary budget of 7 April 2009; and if she will make a statement on the matter. [30527/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The total number of training and work experience activation places funded by the Department of Enterprise, Trade and Employment through FA´ S in 2009 stands at over 130,000. This compares to the 66,000 equivalent places that were delivered in 2008. The breakdown of the 16,525 training and work experience activation places announced in the April 2009 Budget includes the following:

• An additional 13,848 training places which have been incorporated into the overall total of 92,000 FA´ S training places available for 2009. Currently, FA´ S is on target to meet this overall total, including the additional training places.

111 Questions— 16 September 2009. Written Answers

[Deputy Dara Calleary.]

• Three hundred and twelve (312) of the 400 additional places, allocated to Community Employment have been filled to date, with the remaining 88 places being filled in the coming weeks. This will bring the number of places overall on Community Employment to 22,780 when the extra 400 places have been filled.

• 2,000 places have been created on the new Work Placement Programme, which is providing six-month places to individuals who are unemployed including graduates.

• Under the Short-Time Workers Training Programme277 workers who are on a 3-day week and receiving social welfare payments for the 2 days they are not working will receive training for these days.

189. Deputy CaoimhghıńO´ Caolaín asked the Tańaiste and Minister for Enterprise, Trade and Employment the number of young people aged 18 to 24 years who are in receipt of jobseeker’s benefit and assistance who have been interviewed and directly assessed by FA´ S and local employment service personnel with a view to progression to education, training or employment; the breakdown of the assessment; and if she will make a statement on the matter. [30528/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Under the National Employment Action Plan Preventive Strategy, persons on the Live Register who reach certain unemployment duration thresholds and who are in receipt of the Jobseeker’s Allowance/Benefit are systematically referred by the Department of Social and Family Affairs (DSFA) to FA´ S and Local Employment Service personnel for assistance. As part of this process, just over 8,100 clients, who crossed the three month unemployment thresholds and who were aged 18 to 24 years, were referred to FA´ S between January and June 2009. Out of this total, by the end of July 2009:

• 2,300 had not attended for interview

• Over 5,600 had attended for interview by FA´ S.

2,366 were placed/signed off the Live Register, of whom:

• 685 secured employment

• 614 were placed on a FA´ S programme

• 57 returned to education

• 46 were in receipt of other DSFA benefits

• 64 had gone abroad

• Just over 934 had signed off for other/unknown reasons.

3,179 were still on the Live Register, of whom:

• Approximately 1,100 were still engaged, with support from FA´ S, in identifying appropriate training/employment options for employment

• Over 700 had been referred to a training programme

• 85 had been referred to an education option

112 Questions— 16 September 2009. Written Answers

• 134 had dropped out of the process

• Over 60 were not yet ready to progress onto the labour market

• Approximately 1,100 were considered to be job-ready without further intervention, and were continuing to seek employment.

FA´ S Employment Services provides a fully integrated nationwide range of services and supports to assist all Jobseekers and Job Changers, who can register at one of the 71 local FA´ S offices nationwide, for on-site career guidance and job placement services. In addition, FA´ S Employment Services is the “Gateway” to all FA´ S training and employment programmes for Jobseekers and Job Changers.

Question No. 190 answered with Question No. 187.

Question No. 191 answered with Question No. 170.

Departmental Agencies. 192. Deputy Pat Breen asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if increased funding will be made available to a centre (details supplied) in County Clare; and if she will make a statement on the matter. [30666/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The allocation of funding and places for the FA´ S Mid West Region is fully committed for 2009 and, unfortunately, it is not possible to facilitate the organisation with additional participants. Funding for the FA´ S Mid West Region in 2010 will only become clear when the 2010 Estimates process has been completed.

Redundancy Payments. 193. Deputy Dan Neville asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if a company (details supplied) will receive a refund for the payment of statutory redundancy. [30755/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Redundancy Payments Section of my Department has received a number of applications from the employer in question in relation to the individuals concerned. One of these claims has already been paid. The two remaining applications, which were received during March await processing. Fairness to all claimants claims are processed in order of date received. The Department is currently processing claims received in January 2009 which were completed manually and submitted by post and online claims received during February. Claims submitted online (to www.entemp.ie) because of their nature tend to have a faster processing time.

194. Deputy John Perry asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if she will ensure that a person (details supplied) in County Sligo who is awaiting a State redundancy payment is awarded payment; and if she will make a statement on the matter. [30796/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Payment of statutory redundancy is, in the first instance, a matter for the employer. Currently the statutory entitlement for eligible employees amounts to two weeks pay per year of service plus a bonus week subject to a ceiling of \600 per week. The primary function my

113 Questions— 16 September 2009. Written Answers

[Deputy Dara Calleary.] Department has in this area, is to ensure that all eligible employees receive their statutory entitlements either from the employer where solvent or directly in cases of insolvency. The information available to my Department indicates that a redundancy rebate application was made by the former employer on 26 June of this year. This application was based on the submission of signed documentation from the employer which indicates that payment of statutory redundancy was made to the employee in question by the former employer on 25 June 2009. It is, therefore, unclear as to what further payment is sought in this case. Payment of the rebate to the former employer is being assessed at present.

Departmental Reports. 195. Deputy Joe Carey asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the additional resources she has committed to the mid-west region in response to the publication of the mid-west task force interim report of July 2009; and if she will make a statement on the matter. [30833/09]

196. Deputy Joe Carey asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if she will implement in full the key recommendations of the mid-west task force report; and if she will make a statement on the matter. [30834/09]

197. Deputy Joe Carey asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment her views on the mid-west task force interim report; and if she will make a statement on the matter. [30835/09]

198. Deputy Pat Breen asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment, further to Parliamentary Question No. 41 of 2 July 2009, the progress on finalising the mid-west jobs task force; when the final report of the mid-west jobs task force will be completed and published; and if she will make a statement on the matter. [30880/09]

222. Deputy Jimmy Deenihan asked the Ta´naiste and Minister for Enterprise, Trade and Employment the timescale for the implementation of the report of the mid-west task force, which she established following the closure of a company (details supplied); and if she will make a statement on the matter. [31785/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 195 to 198, inclusive, and 222 together. In February, 2009, I established the Mid-West Task Force, chaired by Mr Denis Brosnan. I received the Task Force’s interim Report in July, which contained a wide range of recommendations. As many of these come within the remit of fellow Government colleagues, I am currently in the process of seeking their views on the recommendations. In the meantime, of course, the Government has been responding to the economic downturn generally and has taken numerous initiatives, for example in relation to competitiveness, employment activation measures and the EU globalization fund in relation to individual companies, all of which have particularly benefited regions affected by job losses, including the Mid West region. As regards the final report of the Task Force, Mr. Brosnan indicated previously that this would take some 18 months from February, 2009. Since the job losses announcement by Dell last January, all of the State development agencies, under the auspices of my Department, have come together and intensified their efforts and activities to support Dell and other workers being made redundant in the region. In the case of IDA, its strategy is to re-position the Mid-West as a centre for knowledge based indus-

114 Questions— 16 September 2009. Written Answers try, while focusing on marketing the Limerick/Shannon Gateway as a key location for investment, by building on the strengths already evident in the region. IDA also cooperates with the existing base of employers to encourage additional investment, particularly in activities such as R&D, customer support and back office functions. For example, 8 projects with a job potential of 1,073 were announced by multinational companies in the Mid West in 2008 and the beginning of 2009. Shannon Development has intensified its engagement with its Shannon Free Zone clients and, along with the other State development agencies, is actively promoting a range of support measures announced by Government to assist companies who are experiencing trading difficulties at this time. EI is working collaboratively with other state agencies in providing information and support to those facing redundancy. Tu´ snua was set up in late 2008 to alleviate the pending impact of lay-offs announced by a number of major employers in the Shannon region, which would take effect in early 2009. Tu´ snua has hosted a number of information events in the region with over 1,500 attendees to date. EI and the Limerick County Enterprise Board have run a series of workshops in house in Dell and are in constant contact with the company, so as to respond quickly to requests for programmes/meetings etc., with anyone wishing to start a business. As at the end of August 2009, FA´ S Employment Services has engaged on a one-to-one basis with a total of 900 staff that have exited the Dell facility through redundancy since May 2009. FA´ S has provided intensive on site guidance and information service to the affected workers, with the primary aim of securing other employment, training or further education. In order to meet the substantial additional costs of the measures described above and other costs, my Department has submitted an application to the European Commission, under the EU Global- isation Fund, for support in the provision of labour market services to redundant workers from Dell and downstream companies.

Employment Action Plan. 199. Deputy Leo Varadkar asked the Ta´naiste and Minister for Enterprise, Trade and Employment the position regarding the proposed new action plan for the national supported employment programme with particular reference to the requirements that participants be work ready; and if she will make a statement on the matter. [30917/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Discussions with relevant stakeholders are currently taking place between the Department of Enterprise, Trade and Employment and FA´ S with a view to reaching agreement on the FA´ S action plan. The action plan has been developed by FA´ S for implementing recommendations contained in a recent review of the Supported Employment Programme. Overarching stakeholder consultations are being managed under the Department’s Consultative Forum on an employment strategy for people with disabilities. It is hoped that agreement of the various stakeholders can be achieved as soon as possible on a number of issues relating to the action plan, including a definition relating to all eligibility criteria for entry to the service, with a view to undertaking a national launch as soon as possible of a re-branded and more efficient supported employment service for people with disabilities.

Employment Rights. 200. Deputy Noel Ahern asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the progress made in the sector since completion of the examination of the brick/block

115 Questions— 16 September 2009. Written Answers

[Deputy Noel Ahern.] laying sector of the construction industry report in October or November 2006; the recommendations of same; and the progress made on each since. [31023/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): In late 2003 the National Implementation Body (NIB), which comprises representatives from the Department of the Taoiseach, IBEC/CIF and ICTU, commissioned Mr. Phil Flynn and Mr. Tom Mallon to examine the reasons for the pattern of industrial relations difficulties in the bricklaying sector of the construction industry. The Report was delivered to the NIB in October 2006 and made available to the parties directly involved. The Report contained recommendations that the authors considered, if implemented, to be likely to result in a restoration of ‘normality’ to industrial relations in the sector. The authors noted moreover that there seemed to have been a decrease in the frequency of disputes since the Report had been commissioned. The recommendations in the Report were largely addressed to the parties concerned and were regarded as a package, to be accepted in full by the employers’ and workers’ representatives. I understand that while the Construction Industry Federation accepted the Report, the Building and Allied Trades’ Union could not accept it in full. Many of the issues identified in the Report were, in parallel, pursued by Government with the social partners as part of a range of employment rights measures that were subsequently agreed within the framework of the Towards 2016 and subsequent Review and Transitional Agreements. These have been reflected in the establishment of the National Employment Rights Authority, and in enhanced liaison between NERA’s operations and the Revenue Com- missioners and the Department of Social and Family Affairs. The maintenance of employment standards in the construction sector has also been advanced through the revised contractual conditions that apply under the new Forms of Construction Contracts for Public Works. The Towards 2016 Transitional Agreement also provided for a number of legislative commitments in this area to which the Government has responded in particular through the introduction of the Employment Law Compliance Bill 2008 and the Industrial Relations (Amendment) Bill 2009, which are aimed at strengthening protections for employment standards.

Community Employment Schemes. 201. Deputy Noel Ahern asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the position regarding the regulations on eligibility for community employment schemes and, in particular, the reason persons who take up a week’s work during a period of unemployment should be adversely affected; if she will examine such rules; if the negative message that such rules send is appropriate in today’s different circumstances; and if the matter can be examined with a view to changing rules and making them fairer. [31029/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): Community Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons (including those with a disability) with an opportunity to engage in useful work within their communities on a fixed term basis. CE helps long-term unemployed people to re-enter the active workforce by breaking their experience of unemployment through a return to a work routine and to assist them to enhance/develop both their technical and personal skills. To facilitate some short-term employment opportunities, breaks off the live register up to 30 days in total are permissible within the 12-month eligibility period, while still maintaining eligibility for CE.

116 Questions— 16 September 2009. Written Answers

The reason for the 30-day live register break rule is to ensure that the programme responds to its primary target group of long term unemployed clients. Many unemployed people engage in work of a temporary nature. If the programme were open to these individuals, there is a danger that people would leave their employment, albeit of a temporary nature, in order to participate in Community Employment. This would be contrary to the objective of the programme and result in a Labour Market Intervention competing with the open labour market. In circumstances where breaks off the live register exceed 30 days, other interventions may be more appropriate than CE in these instances. CE still remains as an active labour market programme with the emphasis on progression into employment. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. This Government will continue to support the positive role of CE in meeting the needs of long-term unemployed persons while at the same time providing essential services to communities. I am keeping the operation of the Scheme under constant review in the context of the current difficult unemployment situation.

Question No. 202 answered with Question No. 175.

Questions Nos. 203 to 205, inclusive, lapsed.

Departmental Staff. 206. Deputy Niall Collins asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment if civil servants from her Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of her Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to her Department as their direct employer; her policy in this regard; and if she will make a statement on the matter. [31227/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): Civil Servants from my Department who are members of boards of agencies, including commercial and non — commercial State bodies are not in receipt of any fee, salary or remuneration for holding such a position. Travelling and subsistence allowances, at the rate and subject to the regulations appropriate to Civil Servants, are payable in respect of necessary travel undertaken in connection with the board members duties. The Chief Executive of IAASA, who is a seconded civil servant, is, in accordance with the terms of Companies (Auditing and Accounting) Act, 2003, a member of the Board of directors. The Code of Practice for the Governance of State Bodies provides that, where a State Body’s Chief Executive is also a Board member, the post holder may be paid an annual director’s fee at the rate approved by the Minister from time to time. Ministerial approval has been granted in this respect. The current rate payable is \8,100 per annum.

Redundancy Payments. 207. Deputy Sea´n Sherlock asked the Ta´naiste and Minister for Enterprise, Trade and Employment when a person (details supplied) in County Cork will receive their statutory redundancy payment; and if she will make a statement on the matter. [31259/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): My Department administers the Social Insurance Fund (SIF) in relation to redundancy matters on behalf of the Department of Social and Family Affairs. There are two types of payment made from the SIF — rebates to those employers who have paid statutory redun-

117 Questions— 16 September 2009. Written Answers

[Deputy Dara Calleary.] dancy to eligible employees, and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. The Redundancy Payments Section of my Department received a statutory lump sum application from the individual concerned on 11 May 2009. When an employer claims inability to pay, the onus is on the employer to provide sufficient proof to substantiate the claim. In this case further information had to be requested from the employer to allow a decision to be reached. This has caused a further delay in paying the applicant, in addition to the delays being experienced arising from the unprecedented high volume of claims on hand. However, the required information has been received and the claim is now being processed, and payment should be made within two weeks.

Employment Support Services. 208. Deputy John Cregan asked the Ta´naiste and Minister for Enterprise, Trade and Employment the supports that are available from her Department for a person who was made redundant and wishes to start up their own business. [31330/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): The County and City Enterprise Boards (CEBs) can provide support to new business start-ups and micro-enterprises (i.e. small businesses with ten employees or fewer). Subject to certain eligibility criteria new and developing enterprises may qualify for financial support from the CEBs in the form of Feasibility, Employment and Capital Grants. All of the CEBs operate to the same criteria in relation to the assistance which they can offer i.e. they can support the establishment and/or the development of micro-enterprises provided that the projects, which should generally be in the manufacturing and internationally traded services sector, have the capacity to achieve commercial viability and which, over time, may develop into strong exporting entities. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to assist enterprises to develop their growth potential. Anyone who wishes to start their own business should in the first instance contact their local County Enterprise Board (details of all Boards are available on www.enterpriseboards.ie) to seek appropriate advice.

Job Initiative. 209. Deputy Pat Breen asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment her plans for the jobs initiative scheme; if funding will continue to be provided for this scheme; and if she will make a statement on the matter. [31421/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The Job Initiative Programme (JI) which was launched in July 1996 continues to provide full time employment for people who are 35 years of age or over, unemployed for five years or more, and in receipt of Social Welfare payments over that period. The main purpose of the programme is to assist long-term unemployed people to prepare for work opportunities by providing participants with work experience, training and development opportunities. The programme is sponsored by voluntary organisations and public bodies involved in not-for- profit activities. Following changes introduced on 10 November 2004 by Minister Michea´l Martin no new entrants have been admitted onto the Job Initiative Schemes. However, contracts for existing participants are renewed allowing them the option to continue until they are 65 years of age.

118 Questions— 16 September 2009. Written Answers

The 2009 budget for the Job Initiative is \39 million and there are currently 1,444 participants with this number decreasing annually due to retirement and other reasons.

Job Creation. 210. Deputy Sea´n Sherlock asked the Ta´naiste and Minister for Enterprise, Trade and Employment the number of site visits made by the Industrial Development Authority to Fer- moy, County Cork; the initiatives that are being taken to attract new enterprises to Fermoy; and if she will make a statement on the matter. [31555/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The marketing of individual areas for new or expansion foreign direct investment (FDI) and jobs is a day-to-day operational matter for IDA Ireland as part of the statutory responsibilities assigned to it by the Oireachtas and not one in which I have a function. The situation is set out in my reply today to a separate question from Deputy Sherlock. In line with the National Spatial Strategy, IDA is actively marketing Fermoy as part of the broader North Cork region, which includes the towns of Mallow, Mitchelstown, Fermoy, Kanturk, Charleville, Newmarket and Millstreet. IDA strives to attract companies from across the full range of IDA targeted sectors, such as Pharmaceuticals, Medical Technologies, Infor- mation and Communications Technologies (ICT) and Internationally Traded Services via its network of overseas offices and project divisions. In addition the Agency continues to work closely with its existing clients in the area to encourage the expansion of their operations. However, in the final analysis it is the investor who decides where to visit and where to locate.

Industrial Development. 211. Deputy Sea´n Sherlock asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will agree to a meeting with Fermoy Town Council, County Cork, with regard to the Industrial Development Authority site in the town; and if she will make a statement on the matter. [31556/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The management of IDA Ireland’s industrial property portfolio, including the creation and marketing of business parks, are day-to-day operational matters for the agency as part of the statutory responsibility assigned to it by the Oireachtas and not matters in which I have a function. I understand from IDA Ireland that it has approximately six hectares available on the Fer- moy Business and Technology Park. To date the Agency has undertaken a number of initiatives to develop and market the lands. IDA Ireland has carried out master planning of the park, landscaped the entrance area and submitted and received planning permission for an advanced technology unit. This pre-planning work could potentially encourage a prospective investor to the park. IDA also provides property solutions to Enterprise Ireland Clients, and in this connection the Agency has completed a land sale to an indigenous company. I understand, however, that the company in question has not yet proceeded with their plans to build on the park. IDA continues to promote the park via its overseas offices and in response to queries from prospective investors. I understand that at present IDA is engaged with a prospective investor who has visited the park and has expressed interest in acquiring a site on the park. I hope that this and other proposals can lead to employment gains in Fermoy. A meeting can be arranged at the appropriate time. To date there has been no request from the Council.

Departmental Expenditure. 212. Deputy Damien English asked the Ta´naiste and Minister for Enterprise, Trade and

119 Questions— 16 September 2009. Written Answers

[Deputy Damien English.] Employment the amount of money spent on advertising and promotions in her Department and each agency under her aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if she will make a statement on the matter. [31576/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The amount spent by my Department and the Offices of my Department on advertising and promotions in years 2004, 2005, 2006, 2007 and to the end of August 2009 is outlined in the following table.

Year Amount spent on advertising and promotions in the Department of Enterprise, Trade and Employment and its Offices \

2004 1,012,238 2005 1,482,489 2006 1,146,229 2007 3,260,194 2009 191,571

The increase in expenditure in 2007 over 2006 can be attributed to a campaign for the promotion of Employment Rights compliance. In respect of the State Agencies under the aegis of my Department, I have asked the State Agencies concerned to respond directly to the Deputy with the information requested.

Foreign Conflicts. 213. Deputy Darragh O’Brien asked the Ta´naiste and Minister for Enterprise, Trade and Employment the measures she takes to ensure that imported goods purporting to be from Israel are not from illegal Israeli settlements and thus do not benefit from the preferential trade agreement the EU has with Israel; and if she will make a statement on the matter. [31603/09]

214. Deputy Darragh O’Brien asked the Ta´naiste and Minister for Enterprise, Trade and Employment the value of the goods originating in illegal Israeli settlements imported into Ireland in 2008. [31604/09]

215. Deputy Darragh O’Brien asked the Ta´naiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to an article from an Israeli business magazine (details supplied) which refers to methods that businesses based in illegal settlements use to circumvent paying the correct import taxes for goods they export to EU countries; and if she will make a statement on the matter. [31605/09]

216. Deputy Darragh O’Brien asked the Ta´naiste and Minister for Enterprise, Trade and Employment the amount of money brought into the Exchequer by charging the higher import tax on goods from illegal Israeli settlements. [31606/09]

218. Deputy Darragh O’Brien asked the Ta´naiste and Minister for Enterprise, Trade and Employment the names of the companies and the products originating in illegal Israeli settlements imported into Ireland in 2008; and the breakdown of the value of imports from each company. [31608/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I propose to take Questions Nos. 213 to 216, inclusive, and 218 together. 120 Questions— 16 September 2009. Written Answers

I am not familiar with the article mentioned by the Deputy but I would like to assure him that Ireland, along with EU partners, regards all Israeli settlements in either the West Bank or East Jerusalem as illegal under international law and accordingly any goods produced in those settlements clearly should not benefit from any preferential trade arrangements between the EU and Israel. Trade relations between the EU and Israel are currently governed by the EU-Israel Associ- ation Agreement. This provides preferential customs status for certain goods traded between the EU and Israel. Consequently, some companies operating in Israel may benefit from exemptions from, or reductions of, import tax or duties when exporting to the EU. Goods exported to the EU from illegal Israeli settlements cannot benefit from these preferential arrangements. In order to ensure that products from these settlements do not benefit from preferential treatment and exemptions, exports to the EU from Israel are subject to proof of origin requirements. This requirement enables customs authorities in each EU member state to identify goods from Israeli settlements and to apply the relevant import duties. As the competent Irish authority, the Revenue Commissioners Customs Service implement rules of origin controls on imports of goods into Ireland from Israel and Israeli settlements and apply the appropriate tariff duties. The official import data that is collated by the Central Statistics Office, lists the value of imports by reference to the country of origin and also the main categories of commodities involved for each country as a whole. Breakdowns by individual exporting companies or by areas/towns within the relevant country, are not compiled. Accordingly it is not possible to provide the detailed information sought by the Deputy in this case. I am advised by the Revenue Commissioners however, that, in the limited time available and based on an initial examination of their records, they have identified total imports from Israel to the value of \71,658,555 in the period from 1 October 2008 to date but it has not been possible to arrive at a definitive statement of the total duty collected in these cases. Within the aforementioned amount, entitlement to preferential duty was claimed in respect of goods to the value of \31,400,605. It is not possible to state with any certainty the reasons why the remaining goods would not have qualified for preference.

Food Labelling. 217. Deputy Darragh O’Brien asked the Ta´naiste and Minister for Enterprise, Trade and Employment her views on preparing guidelines for retailers here regarding the way to label illegal settlement produce in order that consumers can differentiate between Palestinian produce and illegal settlement produce. [31607/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): The Consumer Protection Act 2007 includes specific provisions in relation to the provision of information to consumers in the course of commercial transactions. Specifically the Act provides that the provision of false information in relation to the geographical or commercial origin of a product and where that information would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make, that such a practice is a misleading commercial practice. Traders who engage in misleading commercial practices commit an offence and are liable on conviction on indictment or on summary conviction, as the case may be, to the fines and penalties provided for under the Act. Evidence of traders engaging in misleading commercial practices should be brought to the attention of the National Consumer Agency, which is the body responsible for the enforcement of the Consumer Protection Act 2007.

121 Questions— 16 September 2009. Written Answers

Question No. 218 answered with Question No. 213.

Company Closures. 219. Deputy Fergus O’Dowd asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will intervene to save more than 100 jobs at a factory (details supplied) in County Louth; and if she will make a statement on the matter. [31625/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): I am acutely aware of the consequences of the proposal for closure of the IFF facility in Drogheda, County Louth. IDA has had interaction with the company’s headquarters in the United States in recent times. Notwithstanding this, IFF is considering the closure of the operation. I have asked IDA to bring local concerns to the attention of IFF Corporate and to use its best endeavours to minimise the impact of the decision.

FA´ S Training Programmes. 220. Deputy Jimmy Deenihan asked the Ta´naiste and Minister for Enterprise, Trade and Employment if she will request FA´ S to extend the local training initiative to include the construction of community facilities, including sports halls and community centres, to enable apprentices to complete their apprenticeships and to provide employment opportunities for other unemployed people; and if she will make a statement on the matter. [31690/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): The FA´ S Local Training Initiative (LTI) programme is a project-based training and work experience programme carried out in local communities and run by local community groups. The LTI provides alternative early training interventions for socially excluded clients and is designed to reach out to niche marginalised groups and provide individually based training tailored to meet locally identified needs. There is a wide range of activation measures both aimed specifically at redundant apprentices such as the Employer Based Redundant Apprentice Rotation Scheme and the provision of 700 places annually at Institutes of Technology for redundant apprentices, and more generally at the unemployed which the Government has implemented or deepened since the April budget. Activation measures aimed at assisting the unemployed back to work or to retaining vulnerable jobs include over 130,000 training and work experience places funded by my Department through FA´ S including 22,700 Community Employment places, a Work Placement programme, a Short-Time Workers training programme and an Employment Subsidy Scheme (Temporary). Moreover, additional activation oriented measures are being funded by the Department of Education and Science to provide significant numbers of part-time third level courses for the unemployed or those on short time working. Full details of all relevant measures have been given to the House previously.

Departmental Programmes. 221. Deputy David Stanton asked the Ta´naiste and Minister for Enterprise, Trade and Employment the cost of administering the cycle-to-work scheme in her Department in 2009; and if she will make a statement on the matter. [31710/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): There is no discernible cost to this Department’s vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs

122 Questions— 16 September 2009. Written Answers until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the exemption from income tax, PRSI or levies on that part of an employee’s salary foregone in the purchasing of a bicycle and bicycle safety equipment under the scheme.

Question No. 222 answered with Question No. 195.

FA´ S Training Programmes. 223. Deputy Willie Penrose asked the Ta´naiste and Minister for Enterprise, Trade and Employment the reason, in the current economic circumstances, FA´ S charges \120 per course in respect of on-line training courses, which would be available to self-employed people who have lost their jobs, and are looking at retraining as an option, and where in the circumstances a series of such courses in the software area might be necessitated, but because self-employed people are not registered as unemployed, or in receipt of jobseeker’s assistance, they are com- pelled to pay for same; her views on whether such on-line training would be a cost effective way of offering assistance to people who were self-employed and whose employment is gone; and if she will request that FA´ S reconsider same in this context and in view of the economic climate; and if she will make a statement on the matter. [31792/09]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Dara Calleary): On-line training courses are available free of charge to all persons who are in receipt of unemployment benefit. FA´ S may also allow free access to those persons who have evidence that they are unemployed but who are not in receipt of unemployment benefit. Such cases are decided on an individual case-by-case basis.

Ministerial Expenses. 224. Deputy George Lee asked the Ta´naiste and Minister for Enterprise, Trade and Employ- ment the amount that has been claimed in expenses by each Minister and Minister of State in her Department from 1997 to 2008; the reasons these expenses were claimed; and if she will make a statement on the matter. [31945/09]

Ta´naiste and Minister for Enterprise, Trade and Employment (Deputy Mary Coughlan): It has not been possible, in the time available, for my officials to collate the information sought by the Deputy. My Department has changed its financial management systems over the period since 1997 and therefore it is not feasible to provide the information requested by the Deputy for the years prior to 2002. However, I will write to the Deputy shortly with the information he has requested for the period 2002 to 2008 inclusive.

Communications Masts. 225. Deputy Mattie McGrath asked the Minister for Finance the reason behind the new antenna structure located at Cahir Garda station, County Tipperary; the number of antennae on this structure and their purpose; the further reason there was no planning permission advertised for same; and if he will make a statement on the matter. [30140/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The telecommunications mast at Cahir Garda Station was recently replaced by a structurally stronger tower to facilitate the roll out of the NDRS (National Digital Radio Service) to provide an improved telecommunications system for An Garda Sıóchańa. There are nine antennae located on the new mast, five of which are Garda Sıóchańa antennae, as on the original mast. Four additional antennae have been installed to facilitate the NDRS. The development was carried out in

123 Questions— 16 September 2009. Written Answers

[Deputy Martin Mansergh.] accordance with the exempt development provisions of the Planning and Development Regu- lations, 2001.

Public Service Contracts. 226. Deputy Michael D’Arcy asked the Minister for Finance if he contracted a company (details supplied) to build facilities on behalf of the State; if he is satisfied that sub-contractors were paid for works carried out; and if he will make a statement on the matter. [30168/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): OPW has had a contractual relationship with the company referred to by the Deputy on a number of occasions in the past. The Commissioners of Public Works have no formal knowledge of contractual arrangements , which may exist between a Main Contractor of a project and its sub-contractors. Payment to sub-contractors is the responsibility of a Main Contractor.

Energy Conservation. 227. Deputy Lucinda Creighton asked the Minister for Finance the number and percentage of light bulbs in his Department which are energy saving light bulbs; and if he will make a statement on the matter. [30169/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): It has been the practice for many years in the public sector to utilise energy saving lighting. It is not possible to give a precise number or percentage of energy saving light fittings for any particular Depart- ment. Fluorescent lighting is used for internal lighting in all Government Department buildings, except in the most unusual circumstances. Such circumstances are due to technical or aesthetic reasons where there is no low energy lighting appropriate to the application. Practically all external lighting is low energy.

Insurance Industry. 228. Deputy Thomas Byrne asked the Minister for Finance the actions he proposes to deal with the huge rise in insurance premia seen here in 2009; the impact this has on our national competitiveness; and if he will make a statement on the matter. [30331/09]

Minister for Finance (Deputy Brian Lenihan): I am aware that there has been an increase in insurance premiums this year. This increase however has to be considered against a backdrop of the continuing stress in the financial markets and the recessionary pressures in the economy which is affecting all financial service providers including the insurance industry. My Depart- ment has been advised by the Financial Regulator that while the non-life insurance market performed well up to the end of 2006, market sources indicate that much non-life business was written at a loss in 2007. This trend continued in 2008, but the companies were still willing to write business at a loss in order to maintain their market share. They were able to do this as a result of the reserves they had built up during profitable years. However, the situation could not go on indefinitely and indications are that firms are now taking action on pricing to underpin their financial positions. This position is supported by a report published earlier this year by Standard & Poor’s titled ‘A Testing 2009 for the Irish Non-Life Insurance Market, Despite Fundamental Strengths’.It provides an insight into the problems facing the industry at the moment. The report envisages a difficult year for the non-life industry as a result of rising claims and continuing intense competition which they say is limiting price increases. They add that this combined with anticipated lower investment returns is expected to hinder profitability.

124 Questions— 16 September 2009. Written Answers

In the current difficult trading climate, there is a delicate balance to be struck between ensuring the long-term sustainability of the insurance industry and at the same time making sure that the consumer obtains good value for money. I am particularly conscious of the impact of a significant increase in premiums for both the consumer and business and it must be a priority for insurance companies to ensure that insurance cover is provided as competitively as possible consistent with long term commercial sustainability and viability. In conclusion, the recent upward trend in insurance prices reflects a range of factors outside the control of the industry. It would not, therefore, be appropriate from a policy perspective to seek to intervene in the commercial conduct or decision making of insurance firms in the absence of clear evidence of market failure in respect of which there is scope to address from a national perspective.

Departmental Expenditure. 229. Deputy Pat Breen asked the Minister for Finance the cost of rental for the agricultural office in Limerick for the past five years; and if he will make a statement on the matter. [30493/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The rent paid to date in respect of the Department of Agriculture, Fisheries and Food office at Raheen Business Park, Limerick since the commencement of the lease on 1 May 2005 is \1,556,703.67. Service charges in the amount of \147,319.24 have also been paid in respect of these premises.

Tax Collection. 230. Deputy Pat Breen asked the Minister for Finance his plans to combat the sale of illicit cigarettes here; his further plans to tackle same on an EU wide basis; and if he will make a statement on the matter. [30564/09]

231. Deputy Pat Breen asked the Minister for Finance the number of seizures of illegal cigarettes here for the past three years; the value of those seizures; the point of entry where the seizures were made; and if he will make a statement on the matter. [30565/09]

240. Deputy Sea´n Barrett asked the Minister for Finance the steps he will take to address the illegal market in tobacco products that is costing the State \387 million per annum in lost revenue, and retailers \496 million in lost sales turnover, while undermining the efforts of small retail businesses to provide employment and retail services to local communities; and if he will make a statement on the matter. [30160/09]

243. Deputy Thomas Byrne asked the Minister for Finance if his attention has been drawn to a problem regarding the importation of cigarettes; his views on whether this is a significant drain on revenue here; the action he will take in relation to same; and if he will make a statement on the matter. [30319/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 230, 231, 240 and 243 together. I am informed by the Revenue Commissioners, who are responsible for the collection of tobacco products tax and tackling the illicit trade in cigarettes and tobacco products, that the information requested by the Deputies is as follows. Revenue’s current strategy for tackling this illicit trade is focussed both on intercepting and seizing illicit consignments at the point of importation and also on carrying out checks at retail outlets, markets and commercial premises etc.

125 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.]

Interception at the point of importation is achieved through a combination of freight intelligence, risk profiling and scanning in the case of smuggling in maritime freight. In the case of passengers arriving by air from high risk source countries where cheap cigarettes are available, targeting smugglers is carried out on the basis of risk profiling by Revenue Officers based at all the main airports. Where feasible, large consignments are placed under surveillance and allowed to proceed to their destination under a controlled delivery with a view to identifying those responsible for the importation. These controlled delivery operations are normally carried out on a multi-agency basis with the assistance of the Garda. Illicit cigarettes that escape detection at the point of importation are also seized inland in the course of intelligence-based and random checks carried out at retail outlets, markets, commercial premises etc. Follow-up investigations are also conducted with a view to identifying those responsible and instituting criminal proceedings where the necessary evidence has been obtained. Revenue’s strategies in relation to detection of tobacco offences are under continuous review. This includes the adequacy of existing staffing resources and equipment. In this regard, taking cognisance of the interception and seizure of a number of consignments of counterfeit cigarettes bearing counterfeit Irish tax stamps concealed in maritime freight imported from China, it is planned to introduce a new tobacco tax stamp with added security features shortly. In addition, the purchase of a second mobile container scanner has been approved, and this, when deployed, will increase Revenue’s detection capability at ports. The tackling of cigarette smuggling on an EU wide basis is co-ordinated by the European Anti-Fraud Office (OLAF) which has established a special task force (entitled OLAF Task Group Cigarettes) for this purpose. Revenue actively co-operates and shares information with this group and also with Customs Administrations in other Member States. In addition, Ireland, along with the other Member States, has ratified two international agreements concluded by OLAF with global cigarette manufacturers Philip Morris International and Japan Tobacco International, with a view to tackling the illicit trade in counterfeit and contraband cigarettes. As regards the smuggling of counterfeit cigarettes from the Far East, the extent of the problem is evident from the fact that out of 90m cigarettes seized in maritime freight in 2008, 57m were counterfeit, while over 23m counterfeit cigarettes have been seized to date in 2009 out of a total of 30m detected in maritime freight. China is currently the primary source of counterfeit cigarettes and Revenue has sought the assistance of OLAF’s Liaison Officer based in Beijing with a view to tackling this problem at source by requesting the assistance of the Chinese Authorities. Revenue also works closely with the individual tobacco manufacturers and the Irish Tobacco Manufacturers Advisory Committee (ITMAC) with a view to identifying illicit cigarettes on sale in the State as well as current trends and trading patterns. There is close co-operation and sharing of information between Revenue and the Office of Tobacco Control (OTC). It is not possible to accurately determine the potential tax loss as a result of the illicit tobacco trade. The figure of \387m quoted is equivalent to approximately 20% of the market and Revenue would tentatively accept this is an estimate of the amount of untaxed cigarettes consumed in Ireland. However, it is important to note that such estimate includes legal cross-border shop- ping purchases for personal consumption and not only smuggled counterfeit and contraband cigarettes. Statistics in relation to seizures since 2006 are set out in the following table. The majority of maritime seizures are made at Dublin Port while most seizures from passengers arriving by air are made at Dublin Airport. Cigarettes have also been seized at the ports of Rosslare,

126 Questions— 16 September 2009. Written Answers

Waterford and Cork and at Cork, Shannon and Regional Airports. Most postal seizures are made at Portlaoise Mail Depot.

Year Number of Number of Estimated Revenue at Break-down of the quantity seized by Seizures Cigarettes Retail Risk means of importation Value Maritime Pax by air Post Freight

(Million) (\ Million) (\ Million) % % %

2006 17,276 52.38 17.99 14.40 50.6 37.4 12.0 2007 15,481 74.52 25.60 20.49 39.8 54.0 6.2 2008 10,191 135.24 49.23 39.49 67.6 30.0 2.4 2009 7,158 60.69 25.56 20.34 58.4 37.0 4.6 (August)

Electronic Mail. 232. Deputy Charles Flanagan asked the Minister for Finance in respect of section 31(a) of the Statutory Instruments Act 1947, if he will clarify the inclusion of transmission by electronic mail as being in compliance with the legislation; and if consideration will be given towards using electronic mail transmission rather than ordinary prepaid postage; and if he will make a statement on the matter. [30819/09]

Minister for Finance (Deputy Brian Lenihan): Section 3(1)(a) of the Statutory Instruments Act,1947, as amended by section 1 of the Statutory Instruments (Amendment) Act 1955, provides that a copy of every Statutory Instrument is sent to named bodies listed in the Act, including the National Library of Ireland, the Law Library, Four Courts, etc. I have sought the advice of the Attorney General as to whether electronic mail would satisfy the requirement of the Act or whether further amending legislation would be required. However, I consider that the measure proposed by the Deputy is a sensible one and I intend to ensure that it is examined thoroughly and expeditiously.

Betting Offices. 233. Deputy Jimmy Deenihan asked the Minister for Finance the regulations which apply to bookmakers in respect of opening hours; his plans to review these regulations with a view to extending the permissible opening hours; and if he will make a statement on the matter. [30862/09]

234. Deputy Jimmy Deenihan asked the Minister for Finance if he has examined either the impact on employment or the impact on taxation revenue due to the Exchequer arising from the regulatory approach to bookmakers opening hours; and if he will make a statement on the matter. [30863/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 233 and 234 together. The permitted opening times of registered betting premises were originally provided for in the Betting Act, 1931. The Act has been amended in particular by the Finance Act 1998 and the Finance Act 2007. The 1998 changes extended the opening hours of betting shops to cater for the growing trend towards evening race meetings and Sunday racing. The 2007 changes 127 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] extended the opening times of betting shops up to 10.00 p.m. during the ‘winter period’ on evenings when a race-meeting is scheduled at an authorised racecourse. The current legislation covering opening hours of betting shops in summary sets out that:

• registered premises cannot be open for business on Christmas Day, Good Friday or Easter Sunday,

• from 1 April to 31 August in any year, registered premises cannot open before 7.00 a.m. or after 10.00 p.m., and

• from 1 September to 31 March in any year, registered premises cannot open before 7.00 a.m. or after 6.30 p.m., unless a race-meeting at an authorised racecourse is taking place on or after 6.30 p.m. On days on which such a race-meeting is taking place, registered premises can remain open for business until 10.00 p.m.

While a range of issues including revenue yield, employment and social concerns, would be taken into account in considering any changes to the opening hours for betting shops, I have no plans at present to change the current permissible opening hours.

Flood Relief. 235. Deputy Mattie McGrath asked the Minister for Finance the reason two drainage schemes (details supplied) in County Tipperary were discontinued; and if he will make a statement on the matter. [30895/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): Maintenance of the drainage schemes referred to by the Deputy is the responsibility of the relevant Local Authorities. Laois, Kilkenny and Tipperary County Councils share responsibility for the Goul Scheme, while Kilkenny and Tipperary County Councils are responsible for the Kilbride drainage scheme.

236. Deputy Michael Ring asked the Minister for Finance if he will provide funding to flood affected areas (details supplied) in County Mayo; if he will visit the areas; and if he will make a statement on the matter. [30959/09]

276. Deputy Michael Ring asked the Minister for Finance if he will ascertain from the Office of Public Works if it will provide funding to flood affected areas (details supplied) in County Mayo; if he will visit the areas; and if he will make a statement on the matter. [30958/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I propose to takes Questions Nos. 236 and 276 together. The damage caused in the areas referred to mainly affected public roads. The provision of funding in relation to remedial works for such infrastructure would be a matter for the Depart- ment of Transport. The role of the OPW is to work with Mayo County Council to reduce the risk of further flooding. In this regard, the OPW recently wrote to local authorities setting out criteria that the OPW will use to judge the merits of requests for funding for small scale flood alleviation works and studies, to be undertaken by local authorities to address localised flood problems, particularly where a mix of homes, businesses and infrastructure is involved. The local authorities were requested by the OPW to identify and prioritise such works in their administrative areas. It would be open to Mayo County Council to consider submitting an application in respect of the particular areas referred to by the Deputy in his Parliamentary

128 Questions— 16 September 2009. Written Answers

Question, provided the works proposed by the Council meet the specified criteria, and provided the Council is satisfied that they also are of sufficient priority to warrant consideration for funding. Any request received by the OPW from the Local Authorities will be given full consideration, having regard to overall resources availability.

Departmental Correspondence. 237. Deputy James Bannon asked the Minister for Finance the reason that a reply to representations on behalf of persons (details supplied) in County Westmeath took three months; and if he will make a statement on the matter. [30136/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works endeavours to deal with all correspondence as quickly as possible, while ensuring that the matters raised are fully addressed in the response. Due to the pressure of work on the staff involved, it was not possible, in this particular case, to respond to the representations made within the normal target period.

Tax Code. 238. Deputy Terence Flanagan asked the Minister for Finance the implications for lump sums in relation to the levy he introduced in the supplementary budget on 7 April 2009; and if he will make a statement on the matter. [30151/09]

Minister for Finance (Deputy Brian Lenihan): The position is that income levy is charged on an individual’s aggregate income for a tax year. Aggregate income includes lump sums, both bonus payments and retirement lump sums. In the case of retirement lump sums only that part of the lump sum which is liable to income tax is subject to the income levy. The supplementary budget increased the rates of income levy. These increased rates apply to a person’s aggregate income for the year 2009 as a whole. However, in recognition of the fact that persons who were in receipt of termination lump sum payments in the period 1 January 2009 to 30 April 2009 had already paid income levy at the rates originally announced in the budget on 14 October 2008, the supplementary budget and subsequent Finance Act 2009 provided that the levy payable on such lump sums would remain unchanged. If, however, the annualised increased rates of income levy give a more favourable result those affected may elect for the annualised rates to apply. This treatment does not apply to bonus payments, or retirement lump sums paid on or after 1 May 2009.

Flood Relief. 239. Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30156/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): My Officials in the Office of Public Works (OPW) met with their counterparts from Dublin City Council (DCC) on 29 July in relation to the flooding issue in the general Donnycarney areas caused by the extreme rainfall on 2 July. At the meeting, the City Council tabled an Interim Report on the issue, carried out by the council’s consultants. The report found that the previously preferred local flood alleviation option, namely the construction of a duplicate Wad culvert , was not a viable option, as it would in fact increase the risk of flooding downstream in a built up area, closer to the Clontarf seafront. The report concluded that a full study of the River Wad Catchment was required to establish the most appropriate measures to alleviate the flooding problem.

129 Questions— 16 September 2009. Written Answers

[Deputy Martin Mansergh.]

I am advised that the City Council has commenced a procurement process to select a consultant to carry out the study. The Consultant is expected to be appointed in the fourth quarter of 2009, with the Study expected to be completed within a further six months. OPW will continue to work with the City Council on this matter and, in conjunction with the Council, will consider how best to implement any recommendations contained in the Study, when completed.

Question No. 240 answered with Question No. 230.

Tax Collection. 241. Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30190/09]

242. Deputy Finian McGrath asked the Minister for Finance if he will respond to a query (details supplied). [30204/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 241 and 242 together. Tax collection issues in any individual case are matters for the Revenue Commissioners who, for reasons of taxpayer confidentiality, cannot comment on individual cases. As a result, the Deputy will appreciate that it would be inappropriate for the Commissioners to comment on the tax affairs of any taxpayer at the request of another taxpayer, which appears to be the import of these questions. By way of general remarks, the Revenue Commissioners have advised me that they are fully familiar with the facts surrounding the transactions in question.

Question No. 243 answered with Question No. 231.

Flood Relief. 244. Deputy Tom Hayes asked the Minister for Finance if he will provide clarification on a number of points concerning the flood works that are in detailed design stage for Clonmel (details supplied), County Tipperary which is due to go to tender. [30334/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): I am advised by my officials in the Office of Public Works (OPW) that the design of the flood protection scheme around Suir Island does not make provision for penstocks/sluice gates at the entrances and exits of the mill races. Following a detailed investigation by engineering staff it was found that there was no financial or engineering benefit to the flood protection scheme in return for constructing these works. It is considered that the construction of these penstocks/sluice gates would lead to a residual weakness in the flood protection scheme that would require additional maintenance and management on an ongoing basis in order to manage the risk of failure of these elements. OPW engineering staff have reviewed the harbour and channel on the south of the island in order to mitigate the risk of damage to the features in question.

Tax Code. 245. Deputy George Lee asked the Minister for Finance his plans to allow pensioners to become eligible for the rent a room relief scheme who are renting a room in their house to their children; and if he will make a statement on the matter. [30352/09]

Minister for Finance (Deputy Brian Lenihan): The rent-a-room scheme was introduced in Finance Act 2001. The scheme allows an exemption from income tax on rent received where

130 Questions— 16 September 2009. Written Answers a person rents out a room or rooms in his or her principal private residence, and the rent received does not exceed \10,000 per year (\7,620 up to and including the 2007 tax year). In order to qualify for the exemption, it is necessary for the residential premises to be situated in the State and occupied by the individual as his or her sole or main residence during the tax year. In 2007, the rent-a-room scheme was amended so that the exemption would not be available to parents who rent a room or rooms to one or more of their children. In such cases, the parents will have to declare their rental income on their annual tax return, net of allowable expenses, and pay any income tax arising. The rent-a-room scheme was introduced as an incentive to encourage individuals to let rooms in their principal private residence. It was never envisaged that the scheme would cover the situation of children living with their parents in the family home. The purpose of the 2007 amendment was to ensure that the exemption is only granted for the purpose for which it was originally intended.

Government Bonds. 246. Deputy Olivia Mitchell asked the Minister for Finance the value of Government bonds issued from August 2008 to August 2009; and if he will make a statement on the matter. [30354/09]

248. Deputy Olivia Mitchell asked the Minister for Finance the value of Irish Government bonds issued between August 2008 and August 2009 which were purchased by Irish banks covered by the Government deposit guarantee scheme; and if he will make a statement on the matter. [30356/09]

Minister for Finance (Deputy Brian Lenihan): I propose to take Questions Nos. 246 and 248 together. The National Treasury Management Agency (NTMA) advise that the total amount of Government bonds issued in the period 1 August 2008 to 31 August 2009 was \27 billion. In relation to the geographic distribution of investors, the NTMA advise that such information is only available in relation to bonds sold through syndicated issues. Of the \27 billion raised, some \20 billion was raised through bond syndications. The NTMA advise that syndications since August 2008 have seen approximately 30% distributed to banks covered by the bank guarantee scheme. As regards bonds sold through auctions, the remaining \7 billion was raised through bond auctions over the relevant period and the only information available relates to the level of participation in the auction by the NTMA’s eleven primary dealers, ten of which are international banks. I understand from the NTMA that the level of participation by each Primary Dealer is highly sensitive commercial information and is not disclosed. The NTMA also advise that international investors hold 82% of all outstanding Irish Government bonds. This is a high level by international standards and compares with 22% before the introduction of the euro.

National Asset Management Agency. 247. Deputy Olivia Mitchell asked the Minister for Finance if, in addition to property developer loans, the National Asset Management Agency will purchase any other distressed assets which might be regarded as European Central Bank eligible assets; and if he will make a statement on the matter. [30355/09]

Minister for Finance (Deputy Brian Lenihan): It is my intention to designate only land and development loans and associated loans as assets eligible for transfer to NAMA. Associated loans will be those loans which are not in the land and development category but which are held

131 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] by individuals/companies that also have land and development exposures. Associated loans will take account of cross collateralisation and other associated loan exposures of borrowers.

Question No. 248 answered with Question No. 246.

Company Closures. 249. Deputy Thomas Byrne asked the Minister for Finance if his attention has been drawn to the situation in regard to a company (details supplied) where allegations of phoenix syn- drome have been made and employees made redundant without redundancy payments being made; if this company has contracts with the Office of Public Works or other State agencies; if a company which goes into liquidation and fails to comply with employment law can subsequently resume State contracts under a new corporate identity and if this has occurred with this company; and if he will make a statement on the matter. [30364/09]

Minister for Finance (Deputy Brian Lenihan): Policy issues relating to redundancy, company law and employment law are a matter for my colleague the Ta´naiste and Minister for Enterprise, Trade and Employment, Deputy Mary Coughlan in the first instance. I can confirm that this company does not have any contracts with my Department. The position in respect of other Departments or Government agencies is a matter for the relevant Ministers. The company referred to by the Deputy has been utilised by the Office of Public Works on a number of occasions in the past. However, the Commissioners of Public Works have had no contracts with this company in the recent past, and have no knowledge of any contracts that currently exist between this company and the Office of Public Works or other Government Agencies. Under public procurement regulations contracting authorities are required to ensure that tenderers take account of the obligations relating to employment protection and working conditions that are in force and to disregard any tenderer that fails to comply with this requirement. Standard contract conditions for public sector construction projects empower authorities to monitor compliance by contractors with laws relating to pay and working conditions. In addition, contractors may be excluded from a public tendering process if they have been guilty of professional misconduct or have failed to make tax and social security payments required by law.

Tax Yield. 250. Deputy Olivia Mitchell asked the Minister for Finance the revenue earned from the departure tax in each month since its introduction; and if he will make a statement on the matter. [30452/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the air travel tax arising from travel undertaken in any month is payable by the 23rd of the following month. The yields from the air travel tax received in the period from May to August 2009, in respect of travel undertaken during the months April to July 2009 are as follows:

Month \m

May 9.6 June 11.5 July 11.9 August 12.5

132 Questions— 16 September 2009. Written Answers

Tax Code. 251. Deputy Olivia Mitchell asked the Minister for Finance if his attention has been drawn to the administrative problems and problems for individual taxpayers resulting from the introduction of the income levy, whereby in many cases persons only discover their income levy obligation at the end of the financial year; and if he will make a statement on the matter. [30453/09]

Minister for Finance (Deputy Brian Lenihan): The position is that the income levy is an annual charge. This means that the levy is applied to an individual’s aggregate income from all sources in a year, that is, employment, self-employment, rental, investment and dividends. For those with employment only income, which is paid regularity over the course of the year, the payroll deduction system should ensure that the right amount of levy for the year is deducted and paid over to the Revenue Commissioners without the need for any end of year review or claim by the taxpayer. To the extent that a person may have variations in the level or regularity of their employment income, or where a person has income from other sources in addition to wages and salaries, it will be necessary for that person to apply to the Revenue Commissioners for an end of year review, unless the person is subject to the self-assessment system in which case they will be required to pay Preliminary Tax by 31 October 2009 and submit a self-assessed tax return for 2009 by 31 October 2010.

252. Deputy Olivia Mitchell asked the Minister for Finance if it was envisaged that the income levy would apply to all income once the taxpayer reached the qualifying threshold income; his views on whether this could be unfair to persons earning slightly in excess of the threshold; and if he will make a statement on the matter. [30454/09]

Minister for Finance (Deputy Brian Lenihan): The income levy structure provides an exemption threshold of \15,028 below which the income levy is not applied. The income levy is applied at a rate of 2% on all income up to \75,036, at 4% on income above this amount up to \174,980 and at 6% on income above \174,980. While it is acknowledged that the threshold at \15,028 leads to a “step” in the income levy, the overall structure is fair and progressive.

253. Deputy Olivia Mitchell asked the Minister for Finance if he will ensure that the Revenue Commissioners liaise with the Department of Social and Family Affairs to ensure that artists availing of the artists’ exemption scheme are not presented with a large backlog of unpaid PRSI payments; and if he will make a statement on the matter. [30455/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that artists who qualify for exemption from income tax under the provisions of section 195 of the Taxes Consolidation Act 1997 are obliged to pay any PRSI due on such income directly to the Department of Social and Family Affairs. Arrangements are already in place whereby the Revenue Commissioners notify the Depart- ment of Social and Family Affairs, on request, of the names, PPS Numbers and income details of those tax-exempt artists who have submitted a return of income to the Revenue Commis- sioners, so as to facilitate the determination and payment of the PRSI liability of each such person. Artists are obliged under the provisions of section 195(11) of the Taxes Consolidation Act 1997 to make an annual return of income. I am also informed by the Revenue Commis- sioners that arrangements are currently being put in place to facilitate the payment of PRSI by tax-exempt artists directly through the self-assessment Pay and File tax system for 2009 and following years.

133 Questions— 16 September 2009. Written Answers

Public Appointments Service. 254. Deputy Finian McGrath asked the Minister for Finance if he will advise on a matter (details supplied). [30488/09]

Minister for Finance (Deputy Brian Lenihan): Vacancies for Temporary Clerical Officers arise in various Government Departments and Offices from time to time throughout the country. Such vacancies are filled by way of recruitment campaigns undertaken by the Public Appointments Service (PAS). I can confirm to the Deputy that the closing date for receipt by the Public Appointments Service of applications for the 2009/10 Temporary Clerical Officer competition was 25 March 2009. Temporary vacancies notified to PAS will continue to be filled from this campaign until a further recruitment campaign is announced. Mr McNamara should be advised to register with www.publicjobs.ie which will notify him of future opportunities.

Oireachtas Expense Allowances. 255. Deputy George Lee asked the Minister for Finance his plans to reform the system of payment of expenses to Deputies to prevent abuse of the system; and if he will make a statement on the matter. [30489/09]

Minister for Finance (Deputy Brian Lenihan): It should be recognised that TDs incur legitimate expenses as part of their parliamentary duties both in attending Leinster House and as part of their constituency duties. I have already taken steps in relation to the revision of expenses. I have generally reduced the Oireachtas expense allowances by 10% and by 25% in the case of mileage. The Oireachtas Commission made proposals to me about the system of expense allowances payable to members of the Oireachtas. The proposals were an attempt to provide a more streamlined expenses system involving a single composite allowance in place of the existing separate allowances. I have introduced enabling legislation which would allow the proposals of the Commission to be implemented. The Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices Act 2009 provides for the introduction of a single composite allowance for Deputies and Senators to be known as the Parliamentary Standard Allowance. However, I am of the view that there is a need for further consideration and discussion of the proposed composite allowance before it is introduced in any regulations.

Job Assist Scheme. 256. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Finance the number of employers who have availed of the Revenue job assist scheme in the years 2005 to 2008 and to date in 2009; and if he will make a statement on the matter. [30532/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the number of employers who have availed of the Revenue job assist scheme in the years concerned is as follows:

Year Number

2005 567 2006 410 2007 286 2008 193 2009 (to 4 September) 133

134 Questions— 16 September 2009. Written Answers

Financial Regulation. 257. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Finance if in view of the \29 million cost to the taxpayer of funding the Financial Regulator in 2009, he will provide a commitment that the full cost of financial regulation is borne by the financial institutions from 2010, which is in line with the practice in most other countries and particularly in view of the spending cutbacks in health, education and social welfare; and if he will make a statement on the matter. [30533/09]

Minister for Finance (Deputy Brian Lenihan): The Financial Regulator is currently funded by two sources. These are direct levies paid by financial entities that are regulated by the Financial Regulator and a subvention from the Central Bank, which is provided from the Bank’s own resources generated from its activities in the financial markets. In 2009, it is estimated that the former funding source will raise approximately \34 million and the latter approximately \29 million for the Regulator. As the Deputy is aware, most of the functions carried out by the Financial Regulator will be integrated with the Central Bank’s functions in the new Central Bank of Ireland Commission. Accordingly, the new integrated organisation will be responsible for both the supervision of individual financial institutions and the stability of the financial system generally. The financing by the industry of the regulatory functions of the new organisation will be considered in the context of the transfer of functions to the new Central Bank of Ireland Commission.

258. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Finance the reason he has not appointed the remaining members of the Financial Regulator’s consultative consumer panel; when he will do so; and if he will make a statement on the matter. [30534/09]

Minister for Finance (Deputy Brian Lenihan): The Central Bank Act 1942 as amended provides that the Consultative Consumer Panel shall consist of not fewer than five and not more than 20 members. In January, I appointed eleven members to the Consumer Panel. Accord- ingly, all statutory requirements on the level of membership of the Panel have been fully met. The possibility of making further appointments to the Consumer Panel, subject to appropriate consultation, is kept under consideration.

259. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Finance the budgets of the Finan- cial Regulator’s consultative consumer panel and consultative industry panel in 2009; the remit and conditions for expenditure of such moneys; and if he will make a statement on the matter. [30535/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Financial Regulator that the annual budgets for the Consultative Panels are agreed between the respective Chairs of the Panels and the Authority. The 2009 budget for the Consumer Panel is \208,000 and the budget for the Industry Panel is \85,000. These budgets cover the costs arising from external research and consultations, the publication of the respective annual reports and travel and subsistence costs paid to Consumer Panel members. Also, a daily attendance allowance is paid to Consumer Panel members when attending on Panel business. No such attendance allowance is paid to members of the Industry Panel. In addition, an employee of the Financial Regulator serves as Secretary to the Consultative Panels.

260. Deputy George Lee asked the Minister for Finance the number of moneylender licences currently issued by the Irish Financial Services Regulatory Authority; the way the number of licences issued has changed since the year 2000; the interest charges, including the annual

135 Questions— 16 September 2009. Written Answers

[Deputy George Lee.] percentage rate allowable under these licences; if his attention has been drawn to the fact that some companies in possession of these licences are charging low income earners interest rates as high as 152% for loans; and if he will make a statement on the matter. [30540/09]

Minister for Finance (Deputy Brian Lenihan): Licensed moneylenders are covered by a range of provisions under the Consumer Credit Act, 1995 (as amended) including the licensing process administered by the Irish Financial Services Regulatory Authority (Financial Regulator) under which a moneylender’s licence is valid for a period of 12 months from the date on the licence. The number of moneylender licences issued in the year 2009 to date is 51 and the number of licences issued in 2000-2008 is as shown by year in the Table hereunder.

Year No. of Moneylender Licences

2000 64 2001 60 2002 57 2003 52 2004 52 2005 50 2006 48 2007 51 2008 52

Licence details are maintained by the Financial Regulator (FR) on its Moneylender Register which may be viewed via the following link: http://registers.financialregulator.ie/DownloadsPage.aspx.The number of licences in issue at a particular time does not vary significantly because the number of new licences is more or less equivalent to those who have ceased trading. Details of the precise annual percentage rate (APR) permitted to be charged under a particular moneylender licence may be obtained by consulting the Moneylender Register. Loans offered by moneylenders are a relatively expensive form of credit where the moneylending agreement is usually for a small loan borrowed over a short period. Therefore, APRs charged by licensed moneylenders are, generally, much higher than those charged by lenders such as Banks, Building Societies and Credit Unions, who provide much larger loans for much longer periods. A possible higher risk of default is a further consideration for the moneylender. Moneylenders are obliged to inform the Financial Regulator of the maximum APR they intend to charge to consumers. It is printed on each moneylender licence and an APR above this may not be charged. Inspections of moneylenders are carried out by the Financial Regu- lator in which moneylending agreements are examined to determine the APRs actually charged. A licence application can be refused on the grounds that the Financial Regulator is of the opinion that the cost of credit charged is excessive. There is no provision in the Consumer Credit Act with regard to the maximum APR that can be charged by moneylenders. The Deputy may wish to note that the Financial Regulator, in its March 2007 A Report on the Licensed Moneylending Industry in Ireland, concluded that the introduction of an interest rate ceiling for moneylenders may not achieve the objectives of lowering the cost of credit for consumers. From late 2007 to late 2008, the Financial Regulator engaged with interested 136 Questions— 16 September 2009. Written Answers stakeholders (including Credit Union representatives) with a view to increasing transparency in relation to costs associated with loans from moneylenders. This included its March 2008 Consultation Paper CP33. Chapter 1 of the Consumer Protection Code for Licensed Moneylenders Code, which came into effect on 1 January 2009, sets out ‘General Principles’ with which a moneylender must comply such as that it must act honestly and professionally, with due skill, care and diligence in the best interests of its consumers. The Code’s remaining provisions, including ‘Common Rules for Moneylenders’, are due to come into effect on 30 September 2009. These set out requirements in relation to the provision of information to the consumer, preservation of a consumer’s rights, knowing the consumer, suitability, unsolicited contact (cold calling), disclosure, errors, handling complaints, consumer records, unsolicited credit facilities, arrears and guarantees; and debt collection. Among these is the requirement for the moneylender to assist a consumer in understanding the product provided, including the method of repayment, all related interest payments, charges and the cost per \100 borrowed.

Ministerial Expenses. 261. Deputy George Lee asked the Minister for Finance the rules and regulations of the expenses regime for Government Ministers; if restrictions are imposed on ministerial expenses; the amount that has been claimed in expenses by each Minister in his Department from 1997 to 2008; the reasons these expenses were claimed; his plans to introduce new rules or reform the system of payment of expenses to Ministers in order to minimise the risk of abuse of the ministerial expenses system; and if he will make a statement on the matter. [30545/09]

Minister for Finance (Deputy Brian Lenihan): Ministers may receive allowances to cover the expenses they incur as members of the Oireachtas and as holders of Ministerial Office. The specific allowances payable in respect of Ministerial Office are described below. Ministers are entitled to subsistence payments when they are absent from their headquarters and home on official business. In general, expense allowances have been reduced by 10%. However, mileage rates have been reduced by 25%. Revised guidelines relating to foreign travel were issued by my Department on 1 July 2009. Subsistence is payable where a Minister is absent from his or her headquarters and home on official business in Ireland and abroad. In Ireland Ministers may claim the vouched cost of a hotel room, including tax and up to 15% for service charges and a subsistence allowance of \72.66 per night. The latter amount reflects a reduction of 25% from 5 March 2009 and is designed to provide for meals and a small amount for incidentals. Where absent abroad on official business, Ministers may also claim the vouched cost of a hotel room including tax and up to 15% for service charges. The subsistence rate payable varies from location to location.

Ministerial Expense Allowances Miscellaneous Expense Allowance (MEA) The MEA is payable to Office holders, TDs and Senators. This allowance is designed to reimburse the individual for additional expenses incurred through being a member of the Houses of the Oireachtas which are not already encompassed by other allowances for specific expenses.

137 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.]

Member Rate

\ pa

Taoiseach 13,000 Minister 12,000 Minister of State 11,000 Other Office holders 8,200

Office Accommodation Allowance There is a one-off grant towards the cost of setting up a constituency office, the Constituency Office Grant, of \8,000. Thereafter, there is an annual grant of \8,000 towards the running cost of the office.

Special Secretarial Allowance for Ministers There are two options available to Ministers; either a fully vouched annual amount of up to \41,902 for employing a temporary staff member or for the purchase of secretarial equipment and services; or a vouched annual amount of \11,591 for work or service done or employment of a temporary person, plus an un-vouched annual amount of \8,888.

Details of travel and subsistence payments The following tables contain details of the subsistence expenses paid to Ministers for Finance for the period 2003-2008. Hotel accommodation charges are generally paid directly to the hotel by, or on behalf, of the Department. The earliest information readily available from the Depart- ment’s Accounting system is from 2003 when the system was upgraded. Details of payments by this Department to Ministers of State at the Office of Public Works are also set out below. It has not been possible in the time available to compile all information in relation to expenses claims paid by the Office of Public Works to the Ministers of State. This information will be forwarded directly to the Deputy shortly.

Travel and Subsistence claims for 2003 for Minister McCreevy

Month of travel Destination Type of Meeting attended Amount Claimed \

Jan 2003 Brussels Eurogroup & ECOFIN 193.34 Feb 2003 Florida Business 302.96 Feb 2003 Brussels ECOFIN 193.34 Mar 2003 Brussels Eurogroup & ECOFIN 133.00 Mar 2003 Brussels Eurogroup & ECOFIN 154.67 Apr 2003 Athens Informal ECOFIN 158.00 May 2003 Brussels Eurogroup & ECOFIN 290.03 Jun 2003 Luxembourg Eurogroup & ECOFIN 229.10 Jun 2003 Berlin German Finance Minister 254.67 Jul 2003 Bali, Indonesia ASEM 524.78 Jul 2003 Brussels Eurogroup & ECOFIN 308.56 Sep 2003 Italy- Stresa Informal Ecofin 363.25 Sep 2003 UAE Dubai IMF/World Bank 650.75 Oct 2003 Luxembourg ECOFIN 222.89

138 Questions— 16 September 2009. Written Answers

Month of travel Destination Type of Meeting attended Amount Claimed \ Oct 2003 Brussels European Council 150.67 Oct 2003 Italy- Venice W.Duisenberg Event 447.75 Nov 2003 Brussels ECOFIN 150.29 Nov 2003 Brussels ECOFIN 187.96 Nov 2003 Brussels European Council 150.29

Total 5,066.30

Travel and Subsistence claims for 2004 for Minister McCreevy

Month of travel Destination Type of Meeting attended Amount Claimed \

Jan 2004 Frankfurt European Central Bank 114.32 Jan 2004 Brussels ECOFIN 187.96 Jan 2004 Brussels EMAC 75.33 Feb 2004 Florida /Brussels G7 & ECOFIN 565.85 Mar 2004 Brussels Eurogroup & ECOFIN 187.96 Mar 2004 Brussels GAERC 37.67 Mar 2004 Brussels European Council 150.29 Apr 2004 London ERBD 126.47 Apr 2004 Washington/NY IMF/World Bank 1,053.20 May 2007 Brussels ECOFIN 187.96 May 2004 New York G7 405.28 May 2004 London British & Irish 156.12 Ombudsman Jun 2004 Luxembourg ECOFIN 267.55 Jun 2004 Brussels Conference 37.67 Jul 2004 Brussels ECOFIN 150.29 Jul 2004 Lisbon Commission Seminar 82.46 Aug 2004 Brussels Commission Seminar 75.33 Aug 2004 Brussels Commission Seminar 150.29 Sep 2004 Brussels Commission Seminar 225.62 Sep 2004 Scheveningen Informal ECOFIN 226.10 Sep 2004 Brussels Commission Seminar 375.91 Sep 2004 Brussels Commission Seminar 185.62

Total 5,025.25

Travel and Subsistence claims for 2004 for Minister Brian Cowen

Month of travel Destination Type of Meeting attended Amount Claimed

Oct 2004 Luxembourg ECOFIN 178.22 Nov 2004 Brussels ECOFIN 150.29 Dec 2004 Brussels ECOFIN 150.29

Total 478.80

139 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.]

Travel and Subsistence claims for 2005 for Minister Brian Cowen

Month of Destination Type of Meeting attended Amount travel Claimed

Jan 2005 Brussels ECOFIN 150.29 Feb 2005 Brussels ECOFIN 187.96 Mar 2005 Brussels ECOFIN 150.29 Mar 2005 Atlanta/Georgia US St. Patrick’s Day Programme 1,346.95 Mar 2005 Brussels European Council 150.29 Apr 2005 Luxembourg Eurogroup 89.33 May 2005 Brussels Meeting With EU Agriculture Commissioner 35.17 May 2005 Luxembourg Informal ECOFIN 190.00 May 2005 Belgium Inauguration of restoration works at the Irish 50.00 College Leuven Jun 2005 Luxembourg ECOFIN 190.00 Jun 2005 China — Peking ASEM Meeting China 552.96 Jul 2005 Brussels ECOFIN 140.67 Jul 2005 Germany — Berlin Meeting with German Finance Minister 133.33 Sep 2005 Washington DC IMF/World Bank 1,501.53 Oct 2005 Luxembourg Eurogroup 95.00 Nov 2005 Brussels ECOFIN 175.84

Total 5,139.61

Travel and Subsistence claims for 2006 for Minister Brian Cowen

Month of travel Destination Type of Meeting attended Amount Claimed

Jan 2006 Brussels ECOFIN 175.84 Feb 2006 Brussels ECOFIN 140.67 Mar 2006 Brussels European Council 140.67 Mar 2006 Australia/Sydney Canberra St. Patrick’s Day Programme 1,893.00 Brisbane Apr 2006 Luxembourg Informal ECOFIN and ASEM 281.67 Finance Ministers Meeting May 2006 Brussels ECOFIN 152.67 Jun 2006 Luxembourg ECOFIN 237.50 Jul 2006 Brussels ECOFIN 305.34 Sep 2006 Finland Helsinki Informal ECOFIN 289.94 Sep 2006 Luxembourg ECOFIN 237.50 Nov 2006 Brussels ECOFIN 152.67 Nov 2006 Brussels Eurogroup 38.17

Total 4,045.64

140 Questions— 16 September 2009. Written Answers

Travel and Subsistence claims for 2007 for Minister Brian Cowen

Month of travel Destination Type of Meeting attended Amount Claimed

Jan 2007 Slovenia Euro Ceremony 124.26 Jan 2007 Brussels ECOFIN 190.84 Feb 2007 Brussels ECOFIN 190.84 Mar 2007 Brussels Eurogroup 152.67 Mar 2007 Brussels ECOFIN 190.84 Mar 2007 USA — Chicago St. Patrick’s Day Programme 1577.99 Apr 2007 Germany — Berlin Informal ECOFIN 266.66 Jul 2007 Brussels ECOFIN 194.16 Sep 2007 Portugal-Oporto Informal ECOFIN 268.00 Oct 2007 Luxembourg Eurogroup 47.50 Nov 2007 Brussels Eurogroup 38.83

Total 3,242.59

Travel and Subsistence claims for 2008 for Ta´naiste Brian Cowen

Month of travel Destination Type of Meeting attended Amount Claimed

Jan 2008 Malta — Valletta Adoption of Euro Currency Malta 165.39 Jan 2008 Cyprus — Nicosia Adoption of Euro Currency Cyprus 284.77 Jan 2008 Brussels ECOFIN 194.16 Feb 2008 Brussels ECOFIN 194.16 Mar 2008 Brussels ECOFIN 155.33 Mar 2008 Malaysia-Vietnam St. Patrick’s Day Programme 1,108.44

Total 2,102.25

Travel and Subsistence claims for 2008 for Minister Brian Lenihan

Month of travel Destination Type of Meeting attended Amount Claimed

May 2008 Brussels ECOFIN 194.16 Jun 2008 Frankfurt — Luxembourg ECOFIN & European Central 336.00 Bank Event Jul 2008 Brussels Eurogroup 77.67 Sep 2008 France Informal ECOFIN 240.00 Oct 2008 Luxembourg ECOFIN 190.00 Oct 2008 Brussels European Council 155.33 Nov 2008 Brussels ECOFIN 155.33 Dec 2008 Brussels Eurogroup 77.67

Total 1,426.16

141 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] Travel and Subsistence claims for 2003 for Minister of State Tom Parlon

Month of travel Destination Type of Meeting attended Amount Claimed \

Oct 2003 Italy/Rome Informal Regional Meeting on 223.56 Cohesion Policy Nov 2003 Brussels Budget Council 131.45

Total 355.01

Travel and Subsistence claims for 2004 for Minister of State Tom Parlon

Month of Destination Type of Meeting attended Amount travel Claimed \

Jan 2004 Brussels Keynote address at the 2nd Annual European 131.45 Financial Services Conference Apr 2004 Brussels Bi-lateral meeting re agreement with San 37.67 Marino On Taxation on Income May 2004 Paris-France OECD meeting 120.34 May 2004 Brussels Address to Third European Forum 75.33 Jul 2004 Brussels EU Budget Council 131.45 Jul 2004 Sligo Showcases in Public Service Excellence 125.99 Nov 2004 Brussels EU Budget Council 225.24 Nov 2004 The Hague Ministerial Substantive Troika 52.15

Total 899.62

Travel and Subsistence claims for 2005 for Minister of State Tom Parlon

Month of Destination Type of Meeting attended Amount travel Claimed \

Apr 2005 Luxembourg ECOFIN Meeting 111.21 May 2005 Paris OECD Ministerial Meeting 97.34 May 2005 Luxembourg Informal Ministerial Meeting on Regional 42.15 Policy in Luxembourg Jun 2005 Luxembourg Informal Ministerial Meeting on Public 118.75 Services Oct 2005 Brussels Ministerial meeting on Structural and 35.16 Cohesion funds Nov 2005 Brussels EU Budget Council meeting 123.08

Total 527.69

142 Questions— 16 September 2009. Written Answers

Travel and Subsistence claims for 2006 for Minister of State Tom Parlon

Month of travel Destination Type of Meeting attended Amount Claimed

May 2006 Paris OECD meeting 122.09 Nov 2006 Brussels EU Budget Council 76.33 Dec 2006 Paris Attend Climate Change conference 97.33

Total 295.75

Travel and Subsistence claims for 2008 for Minister of State Noel Ahern

Month of travel Destination Type of Meeting attended Amount Claimed

Apr 2008 Belfast Peace 3 Conference Belfast 48.32

Total 48.32

Travel and Subsistence claims for 2008 for Minister of State Dr Martin Mansergh

Month of Destination Type of Meeting attended Amount travel Claimed

Jun 2008 Korea South Jeju Island Asem Meeting 250.93 Jun 2008 Prague EURO Conference 177.71 Jun 2008 Paris OECD Meeting 146.00 Jul 2008 Brussels Ecofin Meeting 135.91 Oct 2008 Paris Banking and Fraud Conference in Paris 188.33 Nov 2008 Derry Bankers Association Dinner in Derry 116.95

Total 1,015.83

Architectural Heritage. 262. Deputy Pat Breen asked the Minister for Finance, further to Parliamentary Question No. 163 of 7 July 2009, if he will arrange to have the Office of Public Works visit and meet with local representatives (details supplied) in County Clare; and if he will make a statement on the matter. [30591/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works is currently making arrangements to visit and meet with local representatives in relation to their concerns about Quin Abbey, Quin, Co. Clare.

Tax Code. 263. Deputy Pat Breen asked the Minister for Finance, further to Parliamentary Question No. 119 of 11 March 2009, if, in view of the recent losses at Aer Lingus, he will review the imposition of the \10 air travel tax; and if he will make a statement on the matter. [30596/09] 143 Questions— 16 September 2009. Written Answers

Minister for Finance (Deputy Brian Lenihan): As the Deputy is aware, I announced in Budget 2009 that an air travel tax would come into force in respect of passengers departing from Irish airports on and from 30 March 2009. A general rate of \10 per passenger would apply, with a lower rate of \2 for shorter journeys. The Finance (No.2) Act 2008 confirms the introduction of an air travel tax from 30 March 2009. However, I took account of concerns raised by the regional airports particularly those on the western seaboard. The lower rate of \2 will apply to departures from any Irish airport where the destination is 300kms or less from Dublin airport. This means that all Irish departures to locations such as Manchester, Liverpool and Glasgow will be subject to the \2 rate. Ireland is not unique in regard to applying a tax on air travel. Other countries within the EU apply similar taxes such as the UK and France, as do Australia and New Zealand. The proposed rates for the Irish air travel tax are not unreasonable both for shorter and longer journeys, when compared to rates in other countries. It should be recognised that tourists will only be subject to the tax on their return journey. The additional \10 or \2 in the context of a much larger purchasing decision involving travel, hotel expenditures etc. shouldn’t have much of an effect on tourist numbers. I appreciate the airline industry continues to go through a difficult period. However, this difficult trading period arises primarily from weak world economic activity. It should be noted that at present the decline in air travel is an international phenomenon and as a result aviation services are contracting on a global basis. Indeed the decline in the number of people travelling is also evident in those countries where there is no air travel tax in place. We currently face significant financial challenges and the air travel tax is an important revenue raising measure. I tried to be as fair as possible in looking at areas for additional tax revenues. It is also worth noting that fuel used by commercial airlines is completely exempt from tax, so it’s a sector that already has considerable preferential treatment. I have no plans to review the air travel tax.

264. Deputy Brian Hayes asked the Minister for Finance if his attention has been drawn to the decision of bookmakers (details supplied) to announce their intention to relocate their Internet business from the United Kingdom to Gibraltar with a loss to tax revenues and employment within the UK; his plans, in view of the portability of Internet betting operations, to tax Internet betting which could encourage existing Internet bookmakers based here to move their businesses to low tax jurisdictions; and if he will make a statement on the matter. [30646/09]

281. Deputy Chris Andrews asked the Minister for Finance the position regarding a study into taxing on-line and phone betting; his views on the introduction of a tax for on-line betting; and if he will make a statement on the matter. [31036/09]

293. Deputy Pat Rabbitte asked the Minister for Finance if his attention has been drawn to the fact that all bookmakers’ betting duty payments are up to date in 2009; if not, if the provisions of section 29 (6) of the 2009 Finance Act are being fully enforced; if not, his views that the taxpayer subsidise slow-to-pay bookmakers; if further attention has been drawn to the fact that the Internet operations of two companies (details supplied) in August 2009 relocated offshore to Gibraltar with hundreds of smart economy job losses in the UK as a result; and if he will make a statement on the matter. [31509/09]

294. Deputy Pat Rabbitte asked the Minister for Finance if his attention has been drawn to the fact that of the ten largest bookmakers marketing here, only two companies employ Inter- net staff here while the other eight companies are located in low tax regimes; and if he will make a statement on the matter. [31510/09]

144 Questions— 16 September 2009. Written Answers

Minister for Finance (Deputy Brian Lenihan): I propose to answer Questions Nos. 264, 281, 293 and 294 together. I am aware that certain bookmakers are considering relocating their internet businesses from the UK, including to Gibraltar. It is the prerogative of a company to locate its businesses where it sees fit. In that regard, it should be noted that Ireland’s tax regime, for example corporation tax, compares favourably to other countries. In addition, Ireland has a highly skilled and flexible workforce. As I stated during the Finance Bill process, it has been my intention to widen if possible the tax base on which betting duty would be applied. Bets placed either online or over the phone are generally with out-of-State companies so applying betting duty is therefore problematic. My officials, in conjunction with the Office of the Attorney General, the Office of the Revenue Commissioners and the Department of Justice, Equality and Law Reform, are looking at the scope to overcome legal and operational difficulties in this area and will continue to do so, on an ongoing basis. In addition, my Department is working closely with the Department of Justice, Equality and Law Reform which has initiated a review in order to provide the Government with options for a new and comprehensive legal and organisational framework governing gambling architecture in the State. The review, amongst other things, will consider:

• the recommendations contained in the Report Regulating Gaming in Ireland,

• the existing law regulating gaming lotteries and other forms of gambling in the jurisdiction,

• international developments, in particular the experience of the UK’s Gambling Commission,

• developments in relation to remote gambling (e.g. via the internet and mobile phones).

As the Deputies may be aware, due to pressure on the betting sector, I decided to defer the introduction of the increase in the betting duty provided for in Finance (No. 2) Act 2008 pending a review. Accordingly, the Finance Act 2009 contains a provision for continuing the existing betting duty rate of 1% unless and until an order is made bringing the 2% rate into effect, or alternative betting taxation arrangements are enacted. This decision is based on the premise that the betting sector will engage in constructive discussions about putting in place a fair and workable tax base for the sector. Such discussions will, inter alia, touch on issues such as online/phone betting, which is largely untaxed, and look at proposals that could potentially bring this area into the tax net, if possible, while also protecting Irish employment in the sector. In relation to the matter of the late payment of betting duty by bookmakers, betting duty is payable quarterly, by the 15th day of the month following the end of the quarter. If betting duty is not paid when due, interest is payable on the amount outstanding, in accordance with section 74 of the Finance Act 2002 as amended by section 29(6) of the Finance Act 2009. The current rate of interest, effective from 1 July 2009, is 0.0274 per cent per day. It is a key goal of the Revenue Commissioners to ensure that everybody complies with their tax responsibilities, and that any taxes due are paid in a timely way. If a betting duty payment is not received by the due date, Revenue pursues the matter with the bookmaker concerned to ensure that payment is made as soon as possible.

Public Procurement. 265. Deputy Sea´n Barrett asked the Minister for Finance his plans to direct public procure-

145 Questions— 16 September 2009. Written Answers

[Deputy Sea´n Barrett.] ment authorities to modify the tendering process in respect of smaller public sector construction contracts under the EU procurement directive level of \5.25 million by short-listing ten ran- domly selected approved local contractors; if he will apply the open tender procedure in the case of all civil engineering projects with a value of less than \15 million; and if he will make a statement on the matter. [30686/09]

Minister for Finance (Deputy Brian Lenihan): I recognise the importance of public contracts as a source of business for SMEs and I am anxious to promote their participation to the greatest extent possible under EU law. It is inevitable, of course, given present conditions in the construction sector, that there will be greater competition than formerly for places on tender lists and in tender contests. My Department is in discussions with the EU Commission on the question of whether the use of random selection as a means of short listing works contractors would be permissible under EU procurement law. The open tendering procedure is widely used for civil engineering projects and under EU and national procurement rules, this procedure allows firms meeting the minimum suitability standards to tender for public sector work without any further short listing. However, EU rules stipulate that contracting authorities have the right to use other tendering procedures, such as the restricted procedure, where they deem it appropriate to the circumstances of the particular project.

Financial Services Regulation. 266. Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30713/09]

Minister for Finance (Deputy Brian Lenihan): In the context of successful social partnership, the Government has been and continues to be supportive of all interested parties accepting and implementing Labour Court recommendations. In relation to the recapitalised banks however, these operate at an arms’ length basis and as such I do not have a role in the wage negotiating process of the banks. I will be responding to the issues raised in the attached letter directly to the individuals concerned later this week.

National Development Plan. 267. Deputy Finian McGrath asked the Minister for Finance the amount that has been invested in the children’s programme under the national development programme in 2009; the targets that have been met with this funding; if the funds ring-fenced for the children’s programme will be left intact in the 2010 budget; the level of funding that will be available for the provision of out-of-school services. [30726/09]

Minister for Finance (Deputy Brian Lenihan): The Annual Report on the National Develop- ment Plan for 2007 has been published and sets out comprehensive information on expenditure and outputs under each Programme. The document is available on my Department’s website at www.ndp.ie/docs/NDP—Annual—Report—2007/2135.htm. Please see pages 135 to 145 of the Report. A total of \1.611 billion (\1.5 billion current and \110 million capital) was invested during 2007 under the nine sub-programmes within the Children’s Programme and responsibility for these sub-programmes rests with the following Departments: Health and Children, specifically the Office of the Minister for Children and Youth Affairs and the Health Service Executive;

146 Questions— 16 September 2009. Written Answers

Education and Science and Justice, Equality and Law Reform. The next progress report on the NDP is due in 2010 and will cover the years 2008 and 2009. My colleagues, The Ministers for Health, Education and Justice can provide the Deputy with more detailed and up to date information on expenditure and outputs in 2008 and 2009 under the sub-programmes for which they are responsible. All decisions on funding allocations for 2010 will be taken as part of the forthcoming Estimates process.

Departmental Staff. 268. Deputy John O’Mahony asked the Minister for Finance if the customs official based at Killybegs in County Donegal has been replaced; if not, when this position will be filled. [30731/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that, as part of a review of small offices, Revenue has assessed the need for full-time attendance at Killybegs, taking into account the level of demand for Revenue services at that location and modern service delivery channels. It was found that the level of demand did not warrant full- time attendance. Accordingly, the official who had been based in Killybegs until his recent retirement is not being replaced at that location. Revenue officials met with Killybegs-based traders to discuss how the work could be re- organised to meet their service requirements. It has been agreed that service will be available to traders from the Revenue office in Donegal Town, which is only 25 kilometres from Killybegs. A much larger pool of staff is available at Donegal Town to ensure continuity and consistency of service and to deliver a broader range of customer services from that location. Full contact details, including contact names, telephone and fax numbers and e-mail addresses, have been given to the traders. Where necessary, an officer from Donegal Town can attend at Killybegs by appointment if physical presence is needed for any particular transaction. The level of service provided, as well as the methods of service delivery, will be kept under review. The Revenue Anti-Evasion Teams will continue to cover Killybegs Port as part of their ongoing patrols, while the Customs Cutter patrols the coastline. The attendance of these enforcement personnel is selective and targeted and is based on analysis and evaluation of national and international seizure trends, traffic frequency, routes and other risk indicators. Attendance can also be as a result of specific intelligence. Patrols of the ports are kept under constant review to take account of available intelligence and emerging smuggling trends.

Customs Service. 269. Deputy John O’Mahony asked the Minister for Finance the number of visits by the customs dog unit to each of the regional airports and ports in the west and north-west region; and if he will make a statement on the matter. [30732/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that Revenue has, for a number of years, employed a drug detector dog handler in Sligo who is engaged full time on drugs detection activities, principally at the regional airports and the ports. In line with best practice in Customs administrations worldwide, Customs enforcement activity is selective and targeted and is based on analysis and evaluation of national and international seizure trends, traffic frequency, routes and other risk indicators and can also be as a result of specific intelligence. It is not the policy of the Revenue Commissioners to publish exact details of enforcement activities as this could prejudice future operations. However, during the period 1st January

147 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] 2009 to 30th June 2009, over 250 flights into the regional airports in the west and north-west were targeted on a risk analysis basis.

Garda Stations. 270. Deputy Charles Flanagan asked the Minister for Finance the position regarding the proposed purchase of a building site from the Health Service Executive, with a view towards constructing a new Garda station at Portlaoise, County Laois; and if he will make a statement on the matter. [30763/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Commis- sioners of Public Works are progressing with negotiations to acquire a 2 acre site from the HSE in Portlaoise, for the construction of a new Garda Headquarters on behalf of An Garda Sı´ocha´na and the Department of Justice, Equality and Law Reform.

Financial Institutions Support Scheme. 271. Deputy Finian McGrath asked the Minister for Finance if he will support a matter (details supplied). [30779/09]

Minister for Finance (Deputy Brian Lenihan): On 20 September 2008, I announced that the Government had decided to increase the compensation limit for the Deposit Guarantee Scheme in Ireland from \20,000 to \100,000 per depositor per institution. The cover applies to 100% of each individual’s aggregate deposits up to the prescribed limit per financial institution and also applies to deposits held in credit unions. The Financial Services (Deposit Guarantee Scheme) Act 2009 provided a statutory basis for the making of subsequent regulations (European Communities (Deposit Guarantee Scheme) Regulations 2009) in order to give legal effect to this decision on deposit guarantee arrangements. The Deposit Guarantee Scheme applies to all credit institutions authorised in this State. In addition there is a further guarantee called the Credit Institutions Financial Support Scheme which applies to the seven covered credit institutions (AIB, Anglo Irish Bank, Bank of Ireland, Irish Life & Permanent, Postbank, Irish Nationwide, and EBS). As you are aware, the Scheme provides a State guarantee for all deposits and certain liabilities of the guaranteed institutions to the extent that these are not covered by existing deposit protection schemes in the State or any other jurisdiction. In short, depositors must first claim from the Deposit Guarantee Scheme and then move on to claim any balance from the Credit Institutions Finan- cial Support Scheme. The Credit Institutions Financial Support (CIFS) Scheme was put in place for a two year period from 30 September 2008 to 29 September 2010. However, as I announced in my Sup- plementary Budget Statement on 7 April 2009, it is the Government’s intention to put a State guarantee in place for the future issuance of debt securities with a maximum maturity of up to five years. The enactment of the Financial Measures (Miscellaneous Provisions) Act on 26 June 2009 has provided a power to extend the guarantee by order beyond its current expiry date of 29 September 2010. In this regard, work is continuing on the drafting of a Scheme, the introduction of which requires EU State aid and Oireachtas approval. Access to longer-term funding in line with the mainstream approach in the EU is expected to contribute significantly to supporting the funding needs of the banks and to securing their continued stability. The extended scheme must be approved in accordance with EU State aid rules and discussions are continuing in this regard with the European Commission.

148 Questions— 16 September 2009. Written Answers

Tax Code. 272. Deputy Richard Bruton asked the Minister for Finance if his attention has been drawn to the fact that the increase in excise duty for an off-licence which increased by 100% in 2009 makes no distinction between off-licences that have a tiny volume of sales and those that sell bigger quantities; if he will review the licence fee in order that it does not create a burden on outlets that run convenience stores; and if he will make a statement on the matter. [30788/09]

Minister for Finance (Deputy Brian Lenihan): Following an increase of \50, from \250 to \300 per licence announced in Budget 2008, the excise duty for an off-licence was further increased to \500 in Budget 2009 in conjunction with an increase in the excise duty for a range of licences to manufacture or sell alcohol products. The excise duty for such licences was increased to \500 as most of them had not been increased for a significant period, many not since 1992. It is the general practice that excise duty on licences to trade are set at one rate and do not differentiate based on the volume or quantity of activity undertaken by the holder of the licence.

National Asset Management Agency. 273. Deputy Finian McGrath asked the Minister for Finance if he will confirm that the National Asset Management Agency complies with EU state-aid law. [30793/09]

Minister for Finance (Deputy Brian Lenihan): On 25 February 2009, the European Com- mission provided guidance on the treatment of asset relief measures by Member States. The Commission considers that a common European approach is presently needed to deal with the treatment of impaired assets to ensure banks resume their normal function of lending to the economy. Guidelines were also issued by the European Central Bank on bank asset support measures. The National Asset Management Agency (NAMA) initiative announced on 7 April, the details of which have been published in the National Asset Management Agency Bill 2009 that will be subject to a second stage debate today, has been developed within the common EU framework detailed in the European Commission Guidance and guidelines issued by the Euro- pean Central Bank. My officials are engaged in ongoing consultations with the European Com- mission to ensure that the design and the implementation of the NAMA proposal will be consistent with EU State aid requirements.

Customs Service. 274. Deputy John O’Mahony asked the Minister for Finance if he will guarantee that the new cutter boat which is about to be brought into service by the Revenue Commissioner’s will regularly patrol the west coast of Ireland in order to enhance drugs surveillance; and if he will make a statement on the matter. [30878/09]

Minister for Finance (Deputy Brian Lenihan): The new cutter as with the existing cutter will have a national remit, including the west coast of Ireland. Either or both vessels can and will be deployed to patrol and carry out operations along that coastline as and when required. The practice with the existing cutter is that deployments consist of a mixture of routine patrols and specific risk-driven taskings. This practice will continue, enhanced by the increased capability of the Revenue Commissioners with two cutters. I have been informed by the Revenue Commissioners that sea trials are due to commence next week at the shipyard in Finland, where the second Revenue Cutter was built. Following those trials and any necessary changes to the vessel, shipyard personnel are due to deliver the

149 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] cutter to Ireland for handover to Revenue Customs in the last week of September. The actual delivery date is dependent on the duration of the sea trials and weather conditions during the voyage from Finland to Ireland. Allowing for a short period of time for crew familiarisation, it is expected that the cutter will come into full service in the second half of October.

Tax Code. 275. Deputy John Cregan asked the Minister for Finance his views on a VAT exemption for a voluntary group (details supplied) in County Limerick; and if he will make a statement on the matter. [30904/09]

Minister for Finance (Deputy Brian Lenihan): The VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. Under the VAT Directive, Member States may retain the zero rates on goods and services which were in place on 1 January 1991, but cannot extend the zero rate to new goods and services. As medical appliances such as the Lokomat machine were not subject to the zero rate on 1 January 1991 it is not possible to apply the zero rate to the supply of such products. In addition, Member States may only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. Annex III allows the provision of a reduced rate for the supply of medical equipment, aids and other appliances to alleviate or treat disability which is used for the exclusive personal use of a disabled person. However this provision does not extend to the supply of medical equipment for the use of multiple persons, which is the intended use by Cois Ceim Eile of the Lokomat machine. In this case the only rate that can apply to the Lokomat machine is the standard VAT rate of 21.5%. However, there is an option open to Cois Ceim Eile to apply for a VAT Refund for the purchase of the Lokomat machine under the VAT refund scheme for certain donated medical instruments and appliances (SI 58/92). The main conditions relating to this refund scheme are that:

• the appliance or instrument is donated to a hospital;

• the appliance costs \25,390 or more in value (exclusive of tax);

• the appliance is designed and manufactured for use solely in medical research or in diagnosis, prevention or treatment of illness;

• the appliance is purchased through voluntary donations, such that no part of the funds used in the purchase is provided directly or indirectly by the State, a State body or any public or local authority, which includes lottery funding; and,

• the appliance is subject to a recommendation by the Minister for Health and Children that, having regard to the requirements of the health services in the State, a refund of tax would be appropriate.

Question No. 276 answered with Question No. 236.

Departmental Reports. 277. Deputy Michael Ring asked the Minister for Finance when a report from ecologists (details supplied) will be finalised. [30974/09]

150 Questions— 16 September 2009. Written Answers

Minister of State at the Department of Finance (Deputy Martin Mansergh): The Office of Public Works expects that the ecologist’s report will be completed by the end of September.

Tax Code. 278. Deputy Sea´n Sherlock asked the Minister for Finance the avenues open to a charitable organisation (details supplied) in County Cork with a view to recouping VAT paid at 21% on equipment purchased from charitable funds; and if he will make a statement on the matter. [30999/09]

Minister for Finance (Deputy Brian Lenihan): Charities and non-profit groups engaged in non-commercial activity are exempt from VAT under the EU VAT Directive, with which Irish VAT law must comply. This means they do not charge VAT on the services they provide and cannot recover VAT incurred on goods and services that they purchase. However, there is provision for the refund of VAT incurred on the purchase of a new medical instrument or appliance by a person who donates such equipment to a hospital. The main conditions relating to this refund scheme are that:

• the appliance or instrument is new and is donated to a hospital;

• the appliance costs \25,390 or more in value (exclusive of VAT);

• the appliance is designed and manufactured for use solely in medical research or in diagnosis, prevention or treatment of illness;

Individual medical instruments or appliances costing less than \25,390 (exclusive of VAT) therefore do not qualify for a VAT refund under the scheme. Claims for refund in respect of other donated equipment meeting the above conditions must be made within 4 years, and should be submitted to the Revenue Commissioners VAT on Registered Repayments Section, River House, Charlotte Quay, Limerick.

Public Sector Staff. 279. Deputy Noel Ahern asked the Minister for Finance the position regarding the recruitment embargo in the wider public sector; the position regarding persons on panels who were waiting to be called into employment; if all panels will stay in existence and if positions will be offered to those on panels whenever recruitment commences again; the position regarding temporary staff who were recruited in cases pending panels being set up; if these are still in employment; if their contracts are being rolled over; the number of temporary or contract staff that exist; his views on a claim from a person on a panel who cannot now be recruited but who feels discriminated against by a temporary staff member who failed to get a sufficiently high panel place; and if he will make a statement on the matter. [31027/09]

Minister for Finance (Deputy Brian Lenihan): The recruitment and promotion moratorium announced on Friday 27th March 2009 applies to the civil service, local authorities, non-commercial state bodies, the Garda Sı´ocha´na and the Permanent Defence Forces. It is not an

151 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] embargo. An embargo would imply that no filling of vacancies whatsoever could take place. The Minister for Finance has the authority to allow for the filling of some vacancies in very exceptional circumstances. The Government decision also provides that vacancies may be filled by redeployment of staff from other Departments or public bodies with the sanction of the Department of Finance. In addition, arrangements for the health and education sectors have been modulated to ensure that key services are maintained insofar as possible. The moratorium decision also applies to temporary appointments on a fixed-term basis and to the renewal of such contracts. Any exceptions to this principle, which will arise in very limited circumstances only, require the prior sanction of the Department of Finance. Such sanction would be given only if the Department of Finance was satisfied that the post is essential to the delivery of a public service or performance of an essential function and that every effort has been made to fill the post by redeployment. With regard to persons on panels, the position is that panels from open competitions generally stay in place until the next competition is held. Interdepartmental promotion panels have a definite life span and this is agreed centrally with the relevant Civil Service union. Departmental promotion panels also have a definite life span and this is agreed locally with the relevant Civil Service union. In the context of the Moratorium, a decision has been taken that interdepartmental promotion panels will be allowed to lapse as the closure date is reached. Decisions in respect of Departmental promotion panels will be taken at Departmental level. Regarding the position of temporary staff, in general, such staff are recruited for specific business needs and they remain in the relevant posts while the business need continues. As the wider public sector includes a very broad range of organisations and bodies, the Deputy will appreciate that my Department does not have detailed information on the number of temporary or contract staff that exist. However, I have asked my Department to contact other Departments and Offices to seek data for bodies under their aegis and my Department will convey the results to the Deputy. Regarding the question of a person on a panel feeling discriminated against, the Deputy will be appreciate that I do not have details of the instance in question and moreover that I cannot comment on individual cases. I am satisfied, however, that the moratorium is necessary and appropriate in the current economic circumstances. No decision has yet been taken on future recruitment and promotion.

Departmental Agencies. 280. Deputy Noel Ahern asked the Minister for Finance the various legal panels for solicitors and barristers under the control of his Department or agencies under its remit; the process for getting on the various panels; if done annually or occasionally; and if he will make a statement on the matter. [31032/09]

Minister for Finance (Deputy Brian Lenihan): There are no legal panels for solicitors and barristers under the control of my Department. The Department has its own in-house legal adviser in certain functional areas, and in certain cases would avail of the services of the Offices of the Chief State Solicitor and the Attorney General. My Department does, from time to time, require specific legal services on certain matters not available elsewhere; in such instances, save in exceptional cases, normal public procurement processes are followed. With regard to agencies under the remit of my Department, the following is the position: Office of the Revenue Commissioners I am informed by the Revenue Commissioners that they have a number of different arrangements for the engagement of solicitors and barristers. They have entered into contracts with

152 Questions— 16 September 2009. Written Answers six firms of external solicitors to provide legal services associated with debt collection and associated enforcement processes. These firms are engaged following a public procurement process which includes the publication of a request for tender document which invites firms that fulfil certain criteria to submit a tender for the supply of legal and debt collection services. This is followed by an evaluation of the tenders and an invitation to those deemed suitable, to attend for interview. The contract entered into by the successful firms usually extends for a period of six years. Contracts covering the period 1st January 2010 to 31st December 2015 have recently been agreed. In addition, a number of solicitor firms provide Commissioner for Oaths services to Revenue. Five such firms are engaged at present with contracts valid until 30 June 2012. In this instance, a number of firms were invited to express an interest in providing the service based on the following criteria:

• Ability to attend at specified locations at specified times and dates each week.

• Ability to comply with urgent requests for attendance outside of the normal days of attendance.

• Ability to cover periods of absence of regular Commissioner i.e. holidays, sick leave or other work commitments.

• Production of a current tax clearance certificate.

Finally, it is open to practising Barristers to apply at any time for nomination as Counsel by the Revenue Solicitor. A form for this purpose is available on the Revenue website at www.revenue.ie

The Commission for Public Service Appointments The Commission for Public Service Appointments (CPSA) does not have legal panels for solicitors and barristers. However the CPSA has a contract to provide legal advice on the interpretation of the Public Service Management (Recruitment and Appointments) Act 2004, other statutes, statutory instruments, regulations as applying to Public Service under the Com- mission’s remit. The current contract for these legal services is with Matheson, Ormsby, Pren- tice (MOP). This Office complies with the Procurement Regulations as appropriate.

Office of Public Works Legal advice required by the Office of Public Works (OPW) is supplied by the Chief State Solicitor’s Office (CSSO). A Service Level Agreement (SLA) was entered into between OPW and CSSO in early 2005, as part of which a number of panels of external solicitors were created. Eight areas of specialised legal expertise were identified and a panel of solicitors created for each. The areas were:

• Commercial Contracts

• Compensation and Drainage Scheme

• Construction Contracts

• Copyright and Art Management

• Employment Law

153 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.]

• Health and Safety

• National and EU Procurement

• Planning and Development.

The process for getting on the panels involved a series of interviews conducted by the Chief State Solicitor’s Office. Firms were judged in eight fields of expertise and awarded marks according to their knowledge and experience of the area, commitment to service, backup personnel, continuous professional development, proactive approach to dealing with CSSO and OPW and approach to minimisation of costs. A review of the SLA is planned and, as part of the process, the panels will be reviewed. The State Laboratory, Valuation Office, and the Public Appointments Service do not have any such panels.

Question No. 281 answered with Question No. 264.

Departmental Staff. 282. Deputy Niall Collins asked the Minister for Finance if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31229/09]

Minister for Finance (Deputy Brian Lenihan): There are no civil servants from my Depart- ment who receive fees, salary or remuneration for membership of Boards of agencies under the aegis of my Department. In some cases, where meetings would be held away from the normal location of such an officer, travel expenses can be paid in accordance with normal civil service rules. In the case of agencies under the aegis of my Department, I have been advised that in relation to the office of the Revenue Commissioners, Office of Public Works, Valuation Office, State Laboratory, Public Appointments Service and the Commission for Public Service Appointments, there are no civil servants who receive fees, salary or remuneration for membership of Boards of agencies under the aegis of my Department. The general policy is that public servants should not receive additional remuneration for undertaking other duties in the Public Service, such as acting as directors of state-sponsored bodies or serving on commissions or other such bodies. The principle, usually referred to as the “one person one salary” principle, was first enunciated by the Review Body on Higher Remuneration in the Public Sector in 1972, and it has been a feature of the Public Service since then. The policy was most recently restated in a letter to the secretaries general of all Govern- ment departments in 2006. The Review Body subsequently recommended that payment of fees could be sanctioned in exceptional circumstances. This policy has been implemented on the basis that each of the following conditions must be met:

(1) that the duties involved are neither a part nor an extension of the officer’s normal duties, and

154 Questions— 16 September 2009. Written Answers

(2) that a rigid insistence on the principle of one person-one salary would deny scarce skills to the State, and

(3) that payment is permitted for one additional appointment only, and

(4) that the approval of the Department of Finance for additional payments is required in each case, and

(5) that in no case should payment exceed the normal fee for the activity concerned, and

(6) that the duration of such payment should be limited to one term or 5 years whichever is greater.

One civil servant of my Department receives the normal board fee as a member of the board of a State agency which is under the aegis of another Department as that appointment meets these conditions.

Tax Code. 283. Deputy Dan Neville asked the Minister for Finance if he will make a statement on the case of a person (details supplied) in County Limerick. [31251/09]

Minister for Finance (Deputy Brian Lenihan): I assume that the Deputy is referring to the income levy in his question. I have been informed by the Revenue Commissioners that persons entitled to hold a full medical card are specifically excluded from the income levy as introduced on 1st May 2009. The individual should supply sufficient evidence to his pension provider that he holds a full medical card. The pension provider will cease deductions of the income levy and can refund immediately any amount of income levy already deducted this year. It is not necessary for pension providers to wait until the end of year to make any refund due in medical card cases. This matter relates to the case of an individual An Post pensioner and the answer will depend on the specific circumstances involved. The pension related deduction, also known as the pension levy, which was introduced by the Financial Emergency Measures in the Public Interest Act 2009, only applies to payments made to a public servant for his/her services as a public servant. This means that it would not generally apply to pension income.

Financial Services Regulation. 284. Deputy Paul Kehoe asked the Minister for Finance if he is satisfied that the banks at present are functioning as they should be; the instructions he issued to the directors that he placed on the boards of the banks (details supplied); and if he will make a statement on the matter. [31294/09]

Minister for Finance (Deputy Brian Lenihan): The banking system is not functioning as it should be and today I am introducing major new legislation to address this issue. To deal with credit specifically, the Deputy will be aware that a core Government objective is to free up lending on a commercial basis into the economy to support economic growth and a number of actions have been taken to achieve this objective. In the context of the bank guarantee scheme and recapitalisation the banks have made important commitments to support business lending. As part of the recapitalisation package announced on 11 February, Allied Irish Bank and Bank of Ireland reconfirmed their December commitment to increase lending capacity to small and medium enterprises (SMEs) by 10% and to provide an additional 30% capacity for lending to first time buyers in 2009. If the mortgage lending is not taken up, then the extra capacity

155 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] will be available to SMEs. AIB and Bank of Ireland have also committed to public campaigns to actively promote small business lending at competitive rates with increased transparency on the criteria to be met. The Financial Regulator have been monitoring compliance with this commitment and no issues have arisen requiring attention. Officials from my Department are also in regular contact with the banks concerned in relation to their progress on implementing these measures. The Mazars Review of SME lending showed that demand had fallen sharply, with the value of new applications for credit down by 42%. Stock of credit remained static, indicating that new credits matched repayments. I understand that in a normal year, 15% to 20% of outstanding credit might be repaid, so that significant lending must take place, even to keep the figure constant. There has been much comment on cases of refusal of credit by banks. The Review found that refusal rates vary markedly by sector from 6% to 48% according to the SMEs surveyed. This finding clearly contradicts the allegation of a blanket refusal to lend. Mazars also examined a sample of files where credit was refused and found that, in general, “refusal seemed reasonable in the context of normal commercial and business criteria.” Looking to the future, my colleague the Ta´naiste and Minister for Enterprise, Trade and Employment has set up a Clearing Group including representatives from the main banks, business interests and state agencies, which is chaired by her Department. The purpose of the group is to identify specific patterns of events or cases where the flow of credit to viable businesses appears to be blocked and to seek to identify credit supply solutions. As part of the ongoing work of the Clearing Group, the Department of Enterprise, Trade and Employment is calling for submissions from viable businesses that have been refused credit by banks. Such businesses, where the flow of credit appears to be blocked, can now send their details to a dedicated e- mail contact point at the Department. Although the Group cannot act as an appeal mechanism for individual cases of credit refusal, it is charged with seeking to identify credit supply solutions relating to any patterns identified. Information provided by businesses will inform and assist this work. The e-mail contact for submissions to the Credit Supply Clearing Group is [email protected] With regard to using my influence through the two public interest directors, the Deputy should be aware that those non-executive Directors appointed in the public interest are treated the same under company law as other directors. Their fiduciary responsibility is to the company and I would stress that these directors do not have a reporting relationship to me or to my Department.

Tax Collection. 285. Deputy Paul Kehoe asked the Minister for Finance his views on whether the black economy will thrive in the current recession; the number of inspections on private one-off house building sites carried out to date in 2009 by the Revenue Commissioners here; the number of inspectors involved in calling to building sites in which one-off houses or extensions are being built; if this is correlated to the commencement notice sent in by home owners for these buildings; and if he will make a statement on the matter. [31295/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that statistics are not maintained in a manner which can identify Revenue compliance interventions or activities specific to one-off house building sites or extensions. Revenue maintains statistics on its activities in the construction industry as a whole, and has completed 1,794 audits in the industry to end August 2009, recovering \62m in taxes, interest and penalties. In addition, 83 site visits and 12,155 assurance checks yielding a further \10m have been completed up to the

156 Questions— 16 September 2009. Written Answers same date. The Commissioners have advised me that as part of their compliance programmes at a local level, projects are undertaken from time to time drawing on information about planning permissions for one-off housing. The Hidden Economy Monitoring Group operates under the chairmanship of the Revenue Commissioners bringing together the Social Partners and the government departments involved in policing the shadow economy. In this regard, the Revenue’s Joint Investigation Unit works closely with the Department of Social and Family Affairs and the National Employment Rights Authority (NERA) in relation to specific shadow economy risks. The Revenue Commissioners keep their audit and tax compliance programmes under constant review to ensure that they are focussed on the areas of greatest risk, including risks from any upsurge in the shadow economy. In total in 2008, Revenue completed 13,414 audits recovering \569.2m in tax, interest and penalties, and over 347,445 assurance checks which brought in \63 million.

Financial Services Regulation. 286. Deputy Paul Kehoe asked the Minister for Finance his views on imposing a ban on all commercial banks getting involved in speculative investment other than deposit accounts (details supplied); and if he will make a statement on the matter. [31296/09]

Minister for Finance (Deputy Brian Lenihan): My role as Minister for Finance with respect to financial regulation is to bring forward legislative proposals to the Oireachtas for the regulation and supervision of the financial services sector. That statutory legislative framework places responsibility for the day-to-day supervision of financial institutions with the Financial Regulator. The Regulator is statutorily independent in the exercise of its supervisory functions. The Regulator’s statutory consumer protection mandate is aimed at helping consumers make informed decisions in a safe and fair marketplace. In this context, the ‘General Principles’ of the Regulator’s August 2006 Consumer Protection Code (Code) stipulates that a regulated entity must ensure that in all its dealings with customers and within the context of its authorisation, it acts honestly, fairly and professionally in the best interests of its customers and the integrity of the market. In addition, the Code’s ‘Common Rules for all Regulated Entities’, sets out specific requirements with which a regulated entity must comply in areas such as its terms of business, provision of information to the consumer, preservation of a consumer’s rights, knowing the consumer, suitability, unsolicited contact (cold calling), disclosure requirements, handling complaints, conflicts of interest, Chinese walls and compliance with the Code. Chapter 6 of the Code contains specific requirements in relation to investment products including, in relation to tracker bonds, a requirement to warn the customer that the value of an investment may go down as well as up. Furthermore, the Regulator’s July 2006 Minimum Competency Requirements set out minimum standards across all financial service providers which are applicable to individuals who, on a professional basis, as, for, or on behalf of, a regulated firm provide advice to consumers on retail financial products, arrange or offer to arrange retail financial products for consumers or undertake certain specified activities. Retail financial products include shares, bonds and other investment instruments and savings, investment and pension products. Regulated entities are required to comply with both the Code and Minimum Competency Requirements as a matter of law and the Regulator will investigate any matter brought to its attention where it appears that these, or any other regulatory requirement, may have been breached by an entity. Any allegation of mis-selling of financial products is a serious matter and will be treated as such by the relevant authorities and any complaint regarding the conduct of a regulated entity should be brought to the attention of the Regulator for investigation. Where found by the

157 Questions— 16 September 2009. Written Answers

[Deputy Brian Lenihan.] Regulator to have breached its obligations, a regulated entity may be subject to financial or other sanctions, up to and including withdrawal of its authorisation. The Deputy may wish to note that where a customer has a complaint regarding his / her treatment which has not been resolved through the internal complaints resolution systems of a regulated entity, the customer may also bring the matter to the attention of the Financial Services Ombudsman for investigation. I am satisfied therefore that adequate provisions are in place to regulate the activities to which the Deputy refers. However, if it considered that additional powers are required to address such matters, I am open to considering appropriate suggestions for changes to the statutory framework.

Flood Relief. 287. Deputy Denis Naughten asked the Minister for Finance the steps he is taking to address the summer flooding in the Shannon callows; the action he will take to deal with the hardship experienced by farmers in the callows in 2009 as a result of the loss of all fodder crops in the past three years; and if he will make a statement on the matter. [31341/09]

Minister of State at the Department of Finance (Deputy Martin Mansergh): As the Deputy is aware, the Office of Public Works (OPW) carried out some clearance of vegetation in the Callows area to mitigate summer flooding, which has been a particular problem recently, given the wetness of the last two summers. The OPW also undertook to investigate the feasibility of carrying out limited silt removal in the “New Cut” area to establish the impact this would have on water levels. Due to the environmental sensitivity of the area, it has not been possible to date to devise a scheme that would be both acceptable to the National Parks and Wildlife Service (NPWS), and justifiable on cost-benefit grounds. Arising from recent representations from the IFA, requesting further works to improve channel conveyance capacity, OPW officials met with the NPWS in early September. The OPW is currently seeking to identify works that might be environmentally acceptable, with a view to reverting to the NPWS in the near future. The OPW has also written to Waterways Ireland in relation to the concerns expressed by landowners in the area regarding maintenance of channels and management of water levels. I have personally visited the area on two occasions in the past twelve months in the company of the President of the IFA, Pa´draig Walsh, and local residents and farmers, to see the situation for myself and to talk through the issues.

Tax Code. 288. Deputy Denis Naughten asked the Minister for Finance his plans to tax child benefit; and if he will make a statement on the matter. [31357/09]

Minister for Finance (Deputy Brian Lenihan): The position in relation to Child Benefit is as set out in my Supplementary Budget on 7 April 2009. My Department, together with the Department of Social and Family Affairs and the Revenue Commissioners are considering the matter.

Customs Service. 289. Deputy Charles Flanagan asked the Minister for Finance if a second Revenue cutter will be delivered in September 2009 as planned; and if he will make a statement on the matter. [31394/09]

158 Questions— 16 September 2009. Written Answers

Minister for Finance (Deputy Brian Lenihan): I have been informed by the Revenue Com- missioners that sea trials are due to commence next week at the shipyard in Finland, where the second Revenue Cutter was built. Following those trials and any necessary changes to the vessel, shipyard personnel are due to deliver the cutter to Ireland for handover to Revenue Customs in the last week of September. The actual delivery date is dependent on the duration of the sea trials and weather conditions during the voyage from Finland to Ireland. Allowing for a short period of time for crew familiarisation, it is expected that the cutter will come into full service in the second half of October.

290. Deputy Charles Flanagan asked the Minister for Finance if a second x-ray container scanner has been delivered to the customs service; if not, the stage the process is at; and if he will make a statement on the matter. [31395/09]

Minister for Finance (Deputy Brian Lenihan): I am informed by the Revenue Commissioners that the container scanner project remains on target for the new scanner to be deployed by the end of this year. The procurement process is at an advanced stage, Revenue having signed the contract and agreed the manufacturing and factory-acceptance testing schedule with the supplier.

291. Deputy Charles Flanagan asked the Minister for Finance the number of customs checks which took place at each airport here in 2007, 2008 and to date in 2009 in tabular form; and if he will make a statement on the matter. [31396/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that the table below sets out the number of customs checks at the airports/aerodromes that have flights into and out of the State, on either a scheduled or an on-going basis. The type of customs checks implemented vary significantly, depending on the type and origin of traffic and the level of risk in each case. Some other aerodromes do have occasional flights into or out of the State, when permission is usually given on a one off basis. These aerodromes, together with all other small aerodromes/airstrips where there is a possibility for flights to arrive from outside the State, are also subject to customs checks, having regard to the level of risk at the aerodrome in question. However, it is not appropriate to publish details of the number of checks in each case, as this could prejudice the control being applied.

2007 2008 2009 (to end August)

Cork 325,500 331,200 207,500 Donegal 44 88 60 Dublin 3,455,831 4,457,208 2,996,864 Galway 176 444 290 Kerry 4,500 4,800 2,500 Knock 606 990 1,275 Shannon 167,182 143,089 67,546 Sligo 72 40 60 Waterford 600 902 165 Weston 18 76 25

159 Questions— 16 September 2009. Written Answers

292. Deputy Charles Flanagan asked the Minister for Finance the number of sniffer dogs available to customs officers; the locations covered by these sniffer dogs; and if he will make a statement on the matter. [31397/09]

Minister for Finance (Deputy Brian Lenihan): I am advised by the Revenue Commissioners that there are currently 12 detector dog teams in Revenue’s Customs Service. The teams are deployed in the Revenue Regions as follows:

• Dublin Region — 5 detector dog teams;

• South West Region — 3 detector dog teams;

• East & South East Region — 3 detector dog teams;

• Border Midlands West Region — 1 detector dog team.

A further team is in training and is expected to be operational by the end of the month. This team will be deployed in the Dublin Region. The teams are primarily deployed across their region of assignment, but are also available to work elsewhere as the exigencies of the Service demand. Their main function is the detection of illicit drugs, but there is also one team trained to detect tobacco/cigarettes and one team trained to detect currency. The Deputy will appreciate that illicit cash movements are the lifeblood of organised crime and drug trafficking. The detector dog teams play an important role in delivering on Revenue’s commitments to the Supply Reduction Pillar of the Govern- ment’s National Drugs Strategy; and the recently published strategy document for the period 2009-2016 recognises this.

Questions Nos. 293 and 294 answered with Question No. 264.

Financial Institutions Support Scheme. 295. Deputy Leo Varadkar asked the Minister for Finance if he has appointed an assessor to determine the value of shares in Anglo Irish Bank; if not, when he will do so; and if he will make a statement on the matter. [31559/09]

Minister for Finance (Deputy Brian Lenihan): Section 22 of the Anglo Irish Bank Corpor- ation Act 2009 provides that I shall appoint an Assessor at an appropriate time having regard to the public interest, to determine the fair and reasonable aggregate value of the transferred shares and extinguished rights and the consequent amount of compensation, if any, that may be payable to persons in respect of Anglo shares transferred and rights extinguished under the Act. Preparatory work on the process to appoint an Assessor is underway in my Department, with a view to making early progress on the appointment. In considering the optimum approach to filling the position of Assessor, I will have regard to best practice internationally on such matters.

Departmental Expenditure. 296. Deputy Damien English asked the Minister for Finance the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31578/09]

160 Questions— 16 September 2009. Written Answers

Minister for Finance (Deputy Brian Lenihan): The following table sets out the amounts spent by my Department and the offices under its aegis on advertising and promotions for each of the years 2004, 2005, 2006, 2007, 2008 and to date in 2009.

2004 2005 2006 2007 2008 Year to date 2009

\\\\\\

Office of the Appeals Commissioner 000000 Office of the Commission for Public Service 29,692 70,436 63,129 45,593 38,404 13,605 Appointments Office of the Minister for Finance 309,480 224,637 376,265 312,222 128,062 45,628 Office of the Revenue Commissioners 2,080,000 2,200,000 2,170,000 3,090,000 2,700,000 900,000 Public Appointments Service 1,029,191 1,621,463 1,539,480 1,509,070 1,170,825 108,175 State Laboratory 5,350 0 17,709 5,924 11,032 6,050 Valuation Office 682 8,569 34,973 26,818 26,406 6,691

In the time available for answering the question, the Office of Public Works was unable to compile the information. That Office has advised me that it will forward the information to the Deputy as soon as it is available.

Departmental Programmes. 297. Deputy David Stanton asked the Minister for Finance the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31712/09]

Minister for Finance (Deputy Brian Lenihan): There is no discernible cost to this Depart- ment’s vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of this Department is \10,357.74.

Hospital Staff. 298. Deputy Michael D’Arcy asked the Minister for Health and Children if she has sanctioned employment as nursing staff of persons who have completed their training under the Health Service Executive’s programme introduced in 2002 to allow hospital administration staff and porters train as nurses; and if she will make a statement on the matter. [30083/09]

Minister for Health and Children (Deputy Mary Harney): In order to implement savings measures on public service numbers, the Government decided that, with effect from 27 March 2009 to end 2010, no post in the public sector, however arising, may be filled by recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade. The decision applies to all grades of permanent and temporary staff, including nursing, notwithstanding a number of specific exemptions, some of which are highlighted below. A HSE circular has issued which gives effect to the Government decision in the public health services and other specific aspects of the employment control framework for the health services. The Government decision has been modulated to ensure that key services are maintained insofar as possible in the health services, particularly in respect of children at risk, older people and persons with a disability. The HSE will be focussing on the scope that exists within the 161 Questions— 16 September 2009. Written Answers

[Deputy Mary Harney.] health services for reorganising and restructuring of work in order to minimise the impact on essential service delivery. The redeployment and reassignment of existing staff will also support the reorientation of care from hospitals to the community to facilitate the development of integrated care. It is seeking a high level of flexibility from staff and unions to achieve this. In addition, the employment control framework specifically exempts the following front line grades in the health sector from the moratorium: Medical Consultants, Speech and Language Therapists, Occupational Therapists, Physiotherapists, Clinical Psychologists, Behaviour Thera- pists, Counsellors, Social Workers, and Emergency Medical Technicians. The framework actually allows for a growth in the number of those posts within the overall approved employment ceiling (111,800 wtes) for the health sector. The framework also includes provision for the creation of 225 new development posts this year for cancer and disability services. The focus on these key grades is in line with existing Government policy on the prioritisation of certain development areas, for which significant funding has already been provided. The overall result will be to assist in the reorientation of health employment to services delivered in primary and community care. The HSE operates a sponsorship scheme for eligible and experienced public service employees who wish to train as nurses/midwives. This scheme was introduced to provide a career development pathway for health care assistants and other support staff who are involved in the delivery of care to patients and clients of the public health service. While these students were undertaking the nursing degree programme they retained their substantive posts and are paid accordingly. There are forty seven students in this cohort who have signed sponsorship contracts which require them to work for their sponsoring employer for a minimum of five years. These student nurses are now due to graduate and register as nurses. The HSE is in discussion with my Department about the implications for this scheme of the moratorium and further information has been sought ahead of making a submission to the Department of Fin- ance on the matter.

Child Care Services. 299. Deputy Brian O’Shea asked the Minister for Health and Children if she will grant the free year pre-school placement to a child (details supplied) in County Waterford; and if she will make a statement on the matter. [30347/09]

162 Questions— 16 September 2009. Written Answers needs or it is necessary to accept children at an older age due to the enrolment policy of the local primary school.

Departmental Properties. 300. Deputy Dan Neville asked the Minister for Health and Children the amount realised from the sale of St. Mary’s psychiatric hospital, Ennis, County Clare; her plans for the expenditure of same; and the position relating to the implementation of such plan. [30353/09]

Minister for Health and Children (Deputy Mary Harney): Property management is a matter for the Health Service Executive. The question has been referred to the Executive for direct reply.

Homeless Persons. 301. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the amount of funding that has been allocated to provide for care running costs of homeless services for each year since 2000; the amount that will be allocated to this for the next 12 months; and if she will make a statement on the matter. [30382/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

302. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she will arrange for the development of guidance on addiction, mental health and other treatment services for people while homeless; and if she will make a statement on the matter. [30393/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

Inter-Country Adoptions. 303. Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 320 of the 23 June 2009, if she will report on the status of agreeing a bilateral agreement between Ireland and Vietnam. [30469/09]

304. Deputy Dan Neville asked the Minister for Health and Children the position regarding Irish families who want to adopt children from Vietnam. [30650/09]

308. Deputy John Deasy asked the Minister for Health and Children the status of discussions with the government of Vietnam on the renewal of the bilateral adoption agreement; when she expects the agreement to be concluded; when she expects the resumption of adoptions between Ireland and Vietnam; and if she will make a statement on the matter. [31242/09]

311. Deputy Michael Creed asked the Minister for Health and Children the position regarding the bilateral adoption agreement with Vietnam; and if she will make a statement on the matter. [31830/09]

312. Deputy Bernard J. Durkan asked the Minister for Health and Children the position in relation to the bilateral agreement between Ireland and Vietnam; the progress on same in the past three months; and if she will make a statement on the matter. [31988/09]

163 Questions— 16 September 2009. Written Answers

347. Deputy Olivia Mitchell asked the Minister for Health and Children the position regarding the current situation in respect of Vietnamese adoptions; the likelihood of an imminent bilateral agreement; and if she will make a statement on the matter. [30341/09]

348. Deputy Brian O’Shea asked the Minister for Health and Children if a date has been set for the meeting here with officials from Vietnam in regard to the resumption of an adoption agreement between the two states; and if she will make a statement on the matter. [30348/09]

378. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30483/09]

398. Deputy Phil Hogan asked the Minister for Health and Children the position regarding adoption between Ireland and Vietnam; and if she will make a statement on the matter. [30555/09]

405. Deputy Catherine Byrne asked the Minister for Health and Children the position regarding the bilateral adoption agreement with Vietnam; when a new agreement will be reached and implemented in order to enable adoptions between Ireland and Vietnam to proceed; and if she will make a statement on the matter. [30691/09]

412. Deputy Alan Shatter asked the Minister for Health and Children the position regarding the arrangement of a new bilateral adoption agreement with Vietnam; the further steps being taken to progress matters. [30751/09]

424. Deputy Niall Collins asked the Minister for Health and Children the position regarding the Ireland-Vietnam bilateral adoption agreement; when families here can expect that adoptions will recommence; and if she will make a statement on the matter. [30818/09]

439. Deputy Mary Upton asked the Minister for Health and Children when she expects progress to be made in relation to the arrangements for adoption, between Ireland and Viet- nam; the reason the bilateral arrangements have been allowed to falter; if her attention has been drawn to the impact the protracted delay and shut-down of adoptions from Vietnam is having on couples here who had expected the process to proceed and roll-over after the five year arrangement had lapsed; the action she will take to reactivate the process and ensure that those prospective adoptive parents can be assisted in moving on the process; and if she will make a statement on the matter. [30986/09]

447. Deputy Jim O’Keeffe asked the Minister for Health and Children the position in relation to the renewal of the bilateral adoption agreement between Ireland and Vietnam; if arrangements are in place to resolve this issue; and if she will make a statement on the matter. [31062/09]

449. Deputy Jim O’Keeffe asked the Minister for Health and Children when further face-to- face discussions will take place with Vietnamese officials to finalise a new bilateral adoption agreement between Ireland and Vietnam; and the timeframe for the resolution of all outstanding issues. [31064/09]

461. Deputy Tom Hayes asked the Minister for Health and Children if a draft agreement with Vietnam has been submitted to the Vietnamese authorities to allow adoptions to recommence with Vietnam. [31255/09]

164 Questions— 16 September 2009. Written Answers

462. Deputy Tom Hayes asked the Minister for Health and Children the position regarding both the interim agreement with Vietnam and the draft new agreement with Vietnam to allow adoptions to resume with that country; the number of families awaiting adoptions that have been delayed due to the issues with these agreements; and if she will make a statement on the matter. [31256/09]

463. Deputy Tom Hayes asked the Minister for Health and Children the outcome of the Minister of State’s trip to Vietnam to resolve issues arising from the adoption process between both countries; and if she will make a statement on the matter. [31257/09]

465. Deputy Joe Carey asked the Minister for Health and Children the position regarding the efforts of the Minister of State with responsibility for children over summer 2009 in relation to renewing the bilateral agreement with Vietnam; when she expects a conclusion to the matter; and if she will make a statement on the matter. [31266/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I propose to take Questions Nos. 303, 304, 308, 311, 312, 347, 348, 378, 398, 405, 412, 424, 439, 447, 449, 461, 462, 463 and 465 together. The issue of intercountry adoption and, in particular, the negotiation of a new bilateral agreement with Vietnam has been given considerable priority by my officials over the last year. I have advised the House and parent/prospective adoptive parent representative groups on many occasions regarding the developments in relation to those discussions. I must emphasise, yet again, that the Government’s objective is to provide a regime in which the child is at the centre of the adoption process, whether it is an intercountry or domestic adoption, and that adoptions are effected in a manner which is safe and secure. The most important development in achieving that objective is the development of an appropriate legislative regime which recognises the changed and changing global situation regarding adoption over the last 20 years. The Adoption Bill, which includes the regime of the Hague Convention, provides an assurance for individual children, their families, and the State, that appropriate procedures have been followed and that the adoption was affected in the best interests of the child. A core principle of the Adoption Bill and the Hague Convention is that the child’s interests must be paramount. The Hague Convention, which is given the force of law in this Bill, effectively puts in place an agreement between states to regulate the standards that will apply in each jurisdiction. It is to safeguard that acceptable standards are being applied in other countries, over which we have no jurisdiction. Over the last month two significant Reports have been undertaken regarding child welfare, protection and adoption in Vietnam. Firstly, in August 2009 Ministry of Labour, Invalids and Social Affairs with technical assistance UNICEF in Vietnam published a report entitled “Creat- ing a protective environment for children in Viet Nam : An assessment of child protection laws and policies, especially children in special circumstances in Viet Nam” . Some of the issues raised in this Report had already been under consideration in the context of ongoing deliberations of the drafting of a new bilateral agreement with the Vietnamese. However, this Report has highlighted significant policy and legal implications and warrants further deliberation. Furthermore, I have received in draft form a report of an examination of intercountry adoption in Vietnam carried out by the International Social Services (ISS). The Report was commissioned by UNICEF in coordination with the Ministry of Justice of Vietnam. It aims, inter alia, to “identify and address problems in both domestic and Intercountry Adoption processes with a view to assisting Vietnam in its preparations to ratify the Hague Convention”. This report is likely to give rise to further issues that will need to be considered.

165 Questions— 16 September 2009. Written Answers

[Deputy Barry Andrews.]

I must stress that these two reports, both prepared in co-operation with the Vietnamese Government, and UNICEF, go to the heart of the matter in relation to concerns in relation to intercountry adoption in Vietnam. I would be failing in my duty to protect children if I did not acknowledge and consider the content of these reports extremely carefully before deciding on next steps. In saying that, these Reports also serve to highlight the commitment of the Vietna- mese Government to ensuring that the adoption process in Vietnam is in line with the best international standards and their willingness to address issues at the core of that commitment. I am currently awaiting finalisation of the ISS Report. While work is continuing on the draft of the Agreement under discussion, I am of the view that the next round of talks at official level in Ireland should await the outcome of our consideration of these two reports. This is an extremely sensitive matter and I am aware of the likely concerns of the many Irish families that have already adopted children from Vietnam. I have consulted with the Adoption Board and they have advised that all adoptions from Vietnam, which have been registered on the Register of Foreign Adoptions, are safe and secure. I am also acutely conscious of the concerns of prospective adoptive parents. Over the past number of months I have met regularly with both individual prospective adoptive parents and representative groups. I am deeply aware of the angst, frustration and emotion that prospective adoptive parents continue to experience at this time. I have communicated at every opportunity updates on these matters and I have committed to continuing with this process. I can only reiterate that my personal commitment and the Government’s commitment is to seeking the necessary assurances to allow us to proceed to conclude an intercountry adoption agreement with Vietnam.

Health Services. 305. Deputy Leo Varadkar asked the Minister for Health and Children if she will reverse her decision to cap the hours for a special needs assistant in respect of a child (details supplied) in Dublin 15; and if she will make a statement on the matter. [30897/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As the Deputy’s question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Child Care Services. 306. Deputy Leo Varadkar asked the Minister for Health and Children if a child (details supplied) in Dublin 15 is excluded from the early childhood and education scheme; the reason for same; the options available to the child to ensure that they receive appropriate education; and if she will make a statement on the matter. [30898/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware, I have responsibility for the implementation of the free Pre-School Year in Early Childhood Care and Education (ECCE) scheme which is being introduced in January 2010. Services participating in the scheme in January 2010 will accept enrolments over the coming months. The ECCE scheme is a general one and services participating will be required to make reasonable accommodation for children with special needs in accordance with the Equal Status Acts 2000 to 2004. However, the scheme takes account of a number of issues to accommodate children with special needs. While the age range in which children will qualify for the scheme is, generally, between 3 years 3 months and 4 years 6 months on 1 September each year, exceptions are allowed where a child has been assessed by the HSE as having a special need which will delay his or her entry

166 Questions— 16 September 2009. Written Answers to primary school. In such cases, the pre-school year relevant to such children will be taken as their qualifying year. Additionally, the general requirement that a child would be expected to attend 4 or 5 days each week will not apply to children with special needs where a shorter week would be more appropriate to their needs. Many specialist pre-school services arrange for children attending their services to also attend a mainstream service for 1, 2, or 3 days a week. In such cases, a single place in a mainstream service may cater for 2 or more children over the course of the week. While pro-rata arrangements will not generally be allowed to continue beyond September 2010, they will be allowed to continue for children with special needs. Where appropriate, children with special needs and attending a pre-school service on a pro-rata basis, may be permitted to avail of a second free pre-school year e.g. attending 2 days per week in the first year and 3 days per week in the second. Should additional flexibility in the arrangements for the scheme be required by specialist pre-school services for children with special needs, these will also be considered.

Health Services. 307. Deputy Pat Breen asked the Minister for Health and Children if extra hours will be allocated in the case of a person (details supplied) in County Clare; and if she will make a statement on the matter. [30918/09]

Question No. 308 answered with Question No. 303.

Health Service Allowances. 309. Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Westmeath has lost their domiciliary allowance; and if she will make a statement on the matter. [31389/09]

310. Deputy Bernard J. Durkan asked the Minister for Health and Children when mobility allowance will be reinstated in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31808/09]

Questions Nos. 311 and 312 answered with Question No. 303.

Health Services. 313. Deputy Frank Feighan asked the Minister for Health and Children if she will ensure increased home help hours are made available to a person (details supplied) in County Leitrim. [30079/09]

167 Questions— 16 September 2009. Written Answers

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services. 314. Deputy James Reilly asked the Minister for Health and Children if there is adequate cover for emergency operations for persons who have detached retinas and need surgery as soon as possible to restore their sight; if her attention has been drawn to the fact that no hospital here could accommodate a person (details supplied) with the necessary emergency surgery to restore their sight and that this person was told that they would have to have the operation in a private clinic as there was no service available here in a timely manner for this surgery; and if she will make a statement on the matter. [30081/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

315. Deputy John Deasy asked the Minister for Health and Children the level of funding that will be allocated to the Health Service Executive south for the development of Waterford Regional Hospital over the next ten years; and if she will make a statement on the matter. [30114/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards. 316. Deputy John Deasy asked the Minister for Health and Children the number of people in Waterford city and county possessing medical cards in each of the years from 2002 to date in 2009; the breakdown of the number between full medical cards, general practitioner only cards and over 70s cards; and if she will make a statement on the matter. [30115/09]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has the operational and funding responsibility for the medical card and GP visit card benefits. It collates medical card and GP visit card data by county, age and gender. Therefore, my Department has 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. 317. Deputy John Deasy asked the Minister for Health and Children the number of home help hours allocated in County Waterford for each year since 2004 to date in 2009; the number of persons benefiting in each year; the budget allocated in each year in County Waterford; if the allocation was used in each year; and if she will make a statement on the matter. [30116/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Medical Cards. 318. Deputy Sea´n Barrett asked the Minister for Health and Children the reason the matter of the over 70s medical cards was removed from the responsibilities of the Health Service Executive community services and centralised in the HSE primary care reimbursement services in Finglas, Dublin 11; if her attention has been drawn to the fact that over 70s medical card applications have been lost and that delays have ensued as a result; if she will direct the HSE

168 Questions— 16 September 2009. Written Answers chief executive to restore this service to the local HSE offices where elderly persons have more personal contact and familiarity; and if she will make a statement on the matter. [30120/09]

Minister for Health and Children (Deputy Mary Harney): Up to the start of this year, medical card and GP visit card applications were processed in the Health Service Executive’s (HSE’s) 32 local health areas. However, under the HSE’s 2009 Service Plan, the processing of all medical card and GP visit card applications will transfer to the Executive’s Primary Care Reimburse- ment Service (PCRS) in Dublin. The change is being implemented on a phased basis and has commenced with the PCRS processing all medical card applications for persons aged 70 or over. The phased implementation will allow the situation to be continuously monitored and, if required, modified to address any issues arising. The HSE has also given an assurance that specific queries in relation to any medical card application will be followed through to completion, as quickly as possible. The HSE has advised my Department that there are no plans to close any of the local health offices and these offices will continue to deal with queries of a general nature about the medical card scheme and will provide any assistance needed with the application process. However, the process will involve a reassignment of existing human resources within the HSE to other critical frontline services and the Executive is working through the formal process with the trade union involved. This flexibility by public service workers is essential in the context of the current economic environment. Under the new arrangements, the HSE will be aiming for a turnaround time of 15 days or less for all medical card applications. Emergency applications will be dealt with immediately with a card issuing within 24 hours. Applications from people whose income exceeds the income guidelines but have a case to be considered on medical or hardship grounds will also be processed by the PCRS. I fully support the HSE’s decision to centralise the medical card and GP visit card application and review process to one location. The HSE has advised that when fully implemented, this measure will ensure:

• Improved turnaround time for the processing of applications;

• Equitable application of eligibility across the country;

• Consistency of service provision to customers;

• Clearer lines of governance and accountability; and

• Improved unified data.

The HSE has also indicated that this project, while realising health sector efficiencies and savings, will not have an adverse affect on patient care or the quality of service provided. This project is an example of the type of innovation signalled in the Transforming Public Services Programme announced by the Taoiseach last November. It demonstrates how improved services can be delivered within the more limited resources available in a way which meets the needs of citizens in a modern society.

Teaching Qualifications. 319. Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 125 of 19 April 2009, if she will clarify a situation (details supplied); and if she will make a statement on the matter. [30121/09]

169 Questions— 16 September 2009. Written Answers

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware, I have responsibility for the implementation of the new Early Child- hood Care and Education (ECCE) scheme which provides a free Pre-School year to eligible children and which will be introduced in January 2010. It is a requirement of the ECCE scheme that pre-school leaders in services participating in the scheme hold a qualification in childcare which is equivalent to FETAC Level 5 on the National Framework of Qualifications of Ireland (NFQ). However, in the first two full years of the scheme, the requirement will be met where a person holds a childcare qualification that includes the four core modules of Early Education, Child Development, Caring for Children and Work Experience and has at least 2 years experience of working in a position of responsibility with children in the 0 -6 age range. Quite a number of workers in the ECCE sector lack formal qualifications but have many years of experience. The challenge now is to recognise the non-formal learning of workers in this position and to ensure that there are flexible ways for people to obtain qualifications and to build on these qualifications. Ireland has been participating in an OECD study on the recognition of non-formal and informal learning. A national report was drafted in 2006/2007 by the National Qualifications Authority of Ireland with the assistance of an Advisory Group and, in particular, with HETAC and FETAC. The aim of the report was to document and review the current situation in Ireland regarding the recognition of prior non-formal and informal learning. The OECD’s review team report was published in December 2008 and a national action plan for the Recognition of Prior Learning is now being developed. Service providers with pre-school year leaders who do not hold the required qualification in all four modules in time to enter the scheme in respect of January/August 2010, will have a further opportunity to enter the scheme in respect of the pre-school year commencing in September 2010.

Proposed Legislation. 320. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30134/09]

Minister for Health and Children (Deputy Mary Harney): A Road Traffic Bill which, inter alia, provides for a reduction in the Blood Alcohol Concentration (BAC) levels for drivers, is being prepared by the Minister for Transport. The Bill takes account of the proposed BAC levels made by the Road Safety Authority last year. I am confident that the provisions in the Road Traffic Bill will contribute to significant further improvements in road safety.

Medical Cards. 321. Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford has had his or her medical card withdrawn; and if she will make a statement on the matter. [30135/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services. 322. Deputy James Bannon asked the Minister for Health and Children when a child (details supplied) in County Longford will receive orthodontic treatment which was approved in January 2009, with a stated four month call up schedule; and if she will make a statement on the matter. [30137/09]

170 Questions— 16 September 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

323. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30147/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

324. Deputy Jimmy Devins asked the Minister for Health and Children if she will expedite a surgical procedure for a person (details supplied) in County Sligo. [30167/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

325. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Waterford. [30189/09]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has recently reached agreement with the three Dublin paediatric and Cappagh hospitals on proposals to specifically address the needs of a number of patients who are awaiting spinal surgery procedures for the treatment of scoliosis between now and year end. Some procedures under this agreement have commenced. My Department has referred this particular case to the Executive for examination and direct reply.

326. Deputy Finian McGrath asked the Minister for Health and Children if she will respond to a query from a person (details supplied). [30205/09]

Parliamentary Questions. 327. Deputy Fergus O’Dowd asked the Minister for Health and Children when this Deputy will receive a reply from the Health Service Executive to Parliamentary Question No. 212 of 28 April 2009; and if she will make a statement on the matter. [30214/09]

339. Deputy Fergus O’Dowd asked the Minister for Health and Children if she will respond to Parliamentary Question No. 248 of 30 June 2009. [30300/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 327 and 339 together. I understand from the Health Service Executive that a reply to the PQs referred to above issued to the Deputy on the 6th of August 2009.

Accident and Emergency Services. 328. Deputy Fergus O’Dowd asked the Minister for Health and Children when the new

171 Questions— 16 September 2009. Written Answers

[Deputy Fergus O’Dowd.] accident and emergency department at Our Lady of Lourdes Hospital, Drogheda, County Louth will be opened; and if she will make a statement on the matter. [30252/09]

346. Deputy Fergus O’Dowd asked the Minister for Health and Children when the new accident and emergency unit at Our Lady of Lourdes Hospital in County Louth will open; and if she will make a statement on the matter. [30337/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 328 and 346 together. As this is a service matter, it has been referred to the HSE for direct reply.

Child Abuse. 329. Deputy Ruairı´ Quinn asked the Minister for Health and Children if she has seen a copy of correspondence (details supplied); her views on whether this is a flaw in the board’s remit in view of the fact that the Catholic Church, through its role as patron of many schools, acts in loco parentis for many children on a daily basis; her further views on whether the hierarchy of the Catholic Church should be obliged to report all allegations of abuse within Catholic schools to her, the Health Service Executive, the Department of Education and Science and the National Board for Safeguarding Children in the Catholic Church; the measures she will take to rectify the situation; and if she will make a statement on the matter. [30263/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I have seen a copy of the correspondence to which the Deputy has referred. Guidance on the reporting to the HSE of an allegation of abuse in a school or elsewhere is set out under the Children First National Guidelines for the Protection and Welfare of Children. In 2001 and 2004 the Department of Education and Science issued Child Protection Guidelines and Procedures to all primary and post-primary schools, based on Children First. These guidelines outline the reporting procedures to be followed by schools when an allegation of abuse comes to light, including the reporting of same to the HSE and other agencies, such as An Garda Sı´ocha´na. The guidelines for schools require each Board of Management to designate a senior member of staff as the Designated Liaison Person (DLP) for the school. The DLP acts as a liaison person with the health authorities and other agencies on child protection issues and as a resource for any staff member who has concerns in this regard. I have no direct function in relation to the work of the National Board for Safeguarding Children in the Catholic Church.

Health Services. 330. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [30274/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): The Deputy will be aware that I arranged for a similar question raised by him on 19 May 2009 to be referred to the Health Service Executive for direct reply. I understand from the Executive that Gheel Autism Services will offer support to the individual concerned. As the Deputy’s current question relates to service matters I have arranged for the question to be referred to the Health Service Executive for direct reply.

Long-Term Illness Scheme. 331. Deputy Sea´n Barrett asked the Minister for Health and Children the reason Crohn’s

172 Questions— 16 September 2009. Written Answers disease does not qualify under the long-term illness scheme; if her attention has been drawn to the fact that Crohn’s disease requires lengthy follow-up maintenance treatment extending over the patient’s lifetime; and if she will make a statement on the matter. [30275/09]

Minister for Health and Children (Deputy Mary Harney): There are currently no plans to extend the list of eligible conditions covered by the Long Term Illness Scheme, which was introduced on a statutory basis in 1971. Under the Drugs Payment Scheme, which was introduced in 1999, no individual or family unit pays more than \100 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, people who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations.

Health Services. 332. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if it is the case that preconditions for registration previously imposed on individual nursing homes by the Health Service Executive will remain in place until they have been inspected by the Health Information and Quality Authority; and if she will make a statement on the matter. [30280/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): Yes, Section 104 of the Health Act, 2007 provides that certificates given under the Health (Nursing Homes) Act, 1990 continue to have effect as if given under the Health Act, 2007. The Deputy will be aware that the process of the registration and inspection of nursing homes under the Health Act, 2007 (Registration of Designated Centres for Older People) Regulations commenced on July 1st. A transitional provision in the 2007 Act allows existing designated centres carry on their business for a period not exceeding 3 years, or such shorter period as the Chief Inspector for Social Services may determine.

Child Care Services. 333. Deputy Alan Shatter asked the Minister for Health and Children the amount of funding she proposes to make available to 30 child care services for capital funding from the national child care investment programme; the funding available for such purposes from the NCIP; the origin of the funding, in the context of the county and city child care committees being informed that no further capital allocations would be made under the NCIP; the applications which will be progressed; the basis upon which such funding was decided; and the purpose for which it is to be utilised. [30282/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware, I have responsibility for the National Childcare Investment Prog- ramme (NCIP) 2006-2010 under which capital grant funding is made available to community and commercial childcare providers for the development of childcare facilities. Applications for capital grant funding under the NCIP were processed, in the first instance, by the City and County Childcare Committees (CCCs). To assist them in this process, each CCC was advised of the indicative capital budget against which they should prioritise applications during 2008. The total indicative capital budgets advised to the CCCs for 2008 amounted to \125 million. Having assessed and prioritised capital grant applications against their 2008 indicative capital

173 Questions— 16 September 2009. Written Answers

[Deputy Barry Andrews.] budgets, the CCCs forwarded the applications received by them to Pobal, who manage the day to day implementation of the NCIP on behalf of my Office, in June 2008. A further assessment of the applications was carried out by Pobal and resulted in applications with a total value of \85 million being forwarded for consideration and approval by this Office in Autumn 2008, coinciding with the economic downturn and the review of Government expenditure which took place at that time, particularly in relation to the undertaking of additional capital commitments. It was necessary to defer any decision in respect of new capital commitments pending the outcome of the expenditure review. In April 2009, this Office was advised that no further capital commitments could be undertaken at that point and the closure of the NCIP capital programme to new applicants was announced. In discussions with the Department of Finance, this Office pressed to secure some additional funding to enable projects which were considered to be high priority to proceed. Key criteria in determining priority applications were severe disadvantage and where an existing community service was in danger of closure if necessary repairs required by the HSE Inspectorate could not be carried out. As a result, it was agreed that additional funding amounting to \10.6 million, to assist 29 applicants, would be allocated to the programme in 2010.

Hospital Waiting Lists. 334. Deputy Thomas P. Broughan asked the Minister for Health and Children the number of persons on the waiting list to see a consultant urologist at Beaumont Hospital; the average waiting time to see a consultant urologist; the steps being taken to reduce waiting times; and if she will make a statement on the matter. [30286/09]

Minister for Health and Children (Deputy Mary Harney): The management of waiting lists generally is a matter for the HSE and the individual hospitals concerned. I have, therefore, referred the Deputy’s question to the Executive for direct reply.

Health Services. 335. Deputy James Bannon asked the Minister for Health and Children the reason persons (details supplied) are allegedly barred from a public hospital in Mullingar, County Westmeath; the further reason there are rat traps all over the hospital; the reason a patient has burns on their arm; and if she will make a statement on the matter. [30291/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): While this is a service matter and has been referred to the Health Service Executive for direct reply the Deputy will be aware that from 1 July, 2009 the Health Information and Quality Authority is responsible for the registration and inspection of all residential care services for older people. This means that for the first time, all HSE operated centres and private nursing homes will be subject to independent registration and inspection. This is a significant step forward in the protection of the rights of older people living in residential care settings across the country.

National Treatment Purchase Fund. 336. Deputy Michael Noonan asked the Minister for Health and Children the reason a person (details supplied) in County Limerick is not included on the National Treatment Purchase Fund list for surgery; and if she will make a statement on the matter. [30293/09]

Minister for Health and Children (Deputy Mary Harney): I understand the National Treat- ment Purchase Fund (NTPF) has been in contact with the person in question and that he is

174 Questions— 16 September 2009. Written Answers due to be referred by the NTPF for an initial consultation at a private hospital in October. It is anticipated that he will be scheduled for surgery within six to eight weeks of this consultation.

Medical Cards. 337. Deputy Thomas Byrne asked the Minister for Health and Children the number of medical card renewal applications processed by the Health Service Executive in County Meath to date in 2009; the number of these renewal applications which were approved; and the number which were refused. [30294/09]

Minister for Health and Children (Deputy Mary Harney): The information sought by the Deputy is not provided by the Health Service Executive to my Department as a matter of routine. Therefore, my Department has 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. 338. Deputy Leo Varadkar asked the Minister for Health and Children if the Health Infor- mation and Quality Authority has carried out an assessment of the efficacy and cost effectiveness of the Buteyko method of treating asthma or will do so; and if she will make a statement on the matter. [30297/09]

Minister for Health and Children (Deputy Mary Harney): The Health Information and Qual- ity Authority has not carried out an assessment of the efficacy and cost effectiveness of the Buteyko method of treating asthma and has no immediate plans to do so. The Buteyko method of treating asthma is based on the use of breathing techniques. The use of any treatment modality in any area of medical practice is a matter for individual practitioners based on best practice as reflected in the peer-reviewed research literature, standards and guidance provided by professional bodies and practitioners’ own individual experience.

Question No. 339 answered with Question No. 327.

340. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Louth. [30304/09]

Tobacco-Related Diseases. 341. Deputy Thomas Byrne asked the Minister for Health and Children if her attention has been drawn to a problem regarding the importation of cigarettes; her views on whether such products represent a threat to public health; the action she will take regarding same; and if she will make a statement on the matter. [30318/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): Iam aware of this issue. As all consumption of tobacco products is harmful to health, it is clear that the smoking of counterfeit cigarettes which look like cigarettes on which Irish taxes have been paid as they incorporate a forged Revenue stamp is also harmful. Responding to this issue is a matter for the Revenue Commissioners and An Garda Sı´ocha´na.

175 Questions— 16 September 2009. Written Answers

Child Care Services. 342. Deputy Dan Neville asked the Minister for Health and Children, further to Parliamen- tary Question No. 229 of 7 July 2009, if she will make a statement on a matter (details supplied) in County Limerick. [30321/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy is aware I have responsibility for the National Childcare Investment Programme (NCIP) 2006-2010 under which the Community Childcare Subvention Scheme (CCSS) is implemented. I understand that an application for CCSS funding for the service in question has been approved, subject to sufficient funding being available to the Scheme in 2010. A letter issued to the group on the 10th August 2009 advising them of this decision.

Health Services. 343. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30328/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service issue, it has been referred to the HSE for direct reply.

344. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30329/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service issue, it has been referred to the HSE for direct reply.

345. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied). [30336/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service issue, it has been referred to the HSE for direct reply.

Question No. 346 answered with Question No. 328.

Questions Nos. 347 and 348 answered with Question No. 303.

349. Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in Dublin 17 will be supported. [30374/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Child Abuse. 350. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children, further to Parliamentary Question No. 82 of 25 June 2009, the number of reported cases of child abuse excluding child welfare concerns during each of the years 2004, 2005, 2006, 2007, and 2008. [30380/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

176 Questions— 16 September 2009. Written Answers

Health Service Staff. 351. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of staff and their location in each local health office area that cater for the specific needs of individuals experiencing severe psychiatric problems that have difficulties living in an independent environment; and if she will make a statement on the matter. [30386/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Homeless Persons. 352. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the steps that she has taken to ensure that discharge policies for homeless people are adequate and will be implemented effectively in mental health facilities and hospitals; and if she will make a statement on the matter. [30387/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Mental Health Services. 353. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of members of child and adolescent mental health teams who have had specific training or the clinical experience necessary to deal with the specific needs of transgender children and young people; and if she will make a statement on the matter. [30394/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): As this is a service matter the question has been referred to the HSE for direct reply.

Health Service Staff. 354. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the details of the gender awareness training that social workers undergo at practitioner level; the person who provides this training; the extent to which is a part of continuing professional development social worker training; and if she will make a statement on the matter. [30395/09]

Minister for Health and Children (Deputy Mary Harney): My Department has no direct role in the recruitment and employment of health service grades, including social workers, as that function is carried out by the Health Service Executive. I have been informed by the HSE that all new social work appointees are invited to attend the Corporate Induction programme; the module on Equality & Diversity addresses, among other issues, discrimination on gender grounds. As part of their training student social workers cover issues on gender awareness in a module on Discriminatory Practice and this issue is further reinforced during their clinical placements. The Professional Education Department, HR Directorate of the HSE facilitates the continuing professional development (CPD) of social workers as far as is possible. It is a matter for the individual in consultation with their manager to determine the CPD activity which will enable them to develop professionally and in line with their professional development goals. In 2008 funding was provided to support the development of an electronic CPD recording system for social workers across the Health Services. Personal Development Planning and Team Based Performance Management are just some of the mechanisms which are in place for social workers and all staff to assist them in determining their development needs.

177 Questions— 16 September 2009. Written Answers

Health Services. 355. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the level of funding and the types of support her Department and the Health Service Executive has allocated to an organisation (details supplied); and if she will make a statement on the matter. [30396/09]

356. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the engagement she has had with transgender people or relevant organisations on developing a treatment path for appropriate transgender health care. [30398/09]

404. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of persons who have been referred by social workers or mental health professionals for sexual orientation conversion therapy or reparative therapy in each of the past three years; the agencies that persons have been referred to; and if she will make a statement on the matter. [30670/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): I propose to take Questions Nos. 355, 356 and 404 together. As this is a service matter the question has been referred to the HSE for direct reply.

Departmental Reports. 357. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the reason the recommendations of the 2004 Equality Authority Access to Health Services for Transsexual People have not yet been implemented; when same will be implemented; and if she will make a statement on the matter. [30399/09]

Minister for Health and Children (Deputy Mary Harney): This report was published prior to the establishment of the Health Service Executive and many of the issues raised in this report are now more appropriate to the HSE. Officials of my Department will be meeting the HSE shortly and this issue will be discussed at that meeting. I will write to the Deputy regarding the outcome of the meeting.

358. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the recommendations of the National Review of Sexual Assault Treatment Services which have not yet been implemented; the reason these recommendations have not yet been implemented; her plans to implement outstanding recommendations; and if she will make a statement on the matter. [30400/09]

Minister for Health and Children (Deputy Mary Harney): This Report made a range of recommendations relevant to a wide number of Departments and Agencies including the Garda Sı´ocha´na and the HSE. A detailed reply to the Deputy’s question is being assembled and I will write to him as soon as possible.

Sexual Offences. 359. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the examination that her Department has undertaken of the documentation on the Management of Sex Offenders published by the Minister for Justice, Equality and Law Reform; her plans to implement policy relating to this document; and if she will make a statement on the matter. [30401/09]

178 Questions— 16 September 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): This issue has been brought to the attention of the Health Service Executive by my Department. Implementation of policy relevant to the health service on foot of this report falls to the HSE and the HSE has been asked to reply directly to the Deputy in regard to its remit.

360. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of forensic medical examiners employed in hospitals here who work with victims of sexual assaults; the hospitals where same are employed; and if she will make a statement on the matter. [30415/09]

361. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the average length of time it takes for a victim of sexual assault to get to a sexual assault treatment unit; and if she will make a statement on the matter. [30416/09]

362. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the rate of cases of sexual assault treated in sexual assault treatment units per 100,000 in each Health Service Executive area; the national average of sexual assaults per 100,000 of the population; and if she will make a statement on the matter. [30417/09]

363. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the position regarding increasing the standardisation of existing services for sexual assault treatments in management procedures, personnel issues, support workers, scope of services offered, monitoring guidelines, national guidelines, inter-referral pathways; and if she will make a statement on the matter. [30418/09]

365. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if medico- legal reports in sexual assault treatment units are automatically taped following forensic medical examination; and if she will make a statement on the matter. [30421/09]

366. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if progress has been made in the collation, analysis, and publication of annual statistics on sexual assaults; and if she will make a statement on the matter. [30422/09]

369. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if professional accredited training programmes for doctors on the treatment of victims of rape or sexual assault, medico-legal documentation, court-room appearance, and psychological consequences of rape or sexual assault have been established; the level of take-up on these programmes; and if she will make a statement on the matter. [30425/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 360 to 363, inclusive, 365, 366 and 369 together. As the Deputy’s questions relate to a service matter they have been referred to the HSE for direct reply.

Hospital Staff. 364. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of people that have qualified as clinical nurse specialists in forensic nursing in the pilot programme since its inception; the number of qualified clinical nurse specialists in forensic nursing that are employed in public hospitals; and if she will make a statement on the matter. [30419/09]

179 Questions— 16 September 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Questions Nos. 365 and 366 answered with Question No. 360.

Sexual Offences. 367. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the areas of research needs that have been identified by the national steering committee on violence against women in the area of rape or sexual assault; and if she will make a statement on the matter. [30423/09]

Minister for Health and Children (Deputy Mary Harney): The National Steering Committee on Violence Against Women operates under the aegis of Cosc — The National Office for the Prevention of Domestic, Sexual and Gender-based Violence. The Deputy’s query has been referred to Cosc for attention and direct reply.

368. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she has examined the provision of services to children who are victims of sexual assault; the services available to them here; the services which are availed of abroad; and if she will make a statement on the matter. [30424/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As this is a service matter it has been referred to the HSE for direct reply.

Question No. 369 answered with Question No. 360.

370. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the level of training that is available for sexual assault treatment unit nurse managers to facilitate sexually transmitted infections follow-up on site; and if she will make a statement on the matter. [30426/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Departmental Reports. 371. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children when she will publish the Hynes report; the reason same has been delayed; and if she will make a statement on the matter. [30428/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): The John Hynes Review of the Circumstances Surrounding the Elapse of Time in Bringing to Completion the Western Health Board Inquiry into Allegations of Abuse in the Brothers of Charity Services, Co. Galway was published on the Department’s website on 9th of April 2009. A copy of the report is available on the Department’s website at: http://www.dohc.ie/publications/hynes—review.html.

Health Services. 372. Deputy Fergus O’Dowd asked the Minister for Health and Children the position regarding the request from a support group (details supplied) for an inquiry; and if she will make a statement on the matter. [30435/09]

180 Questions— 16 September 2009. Written Answers

433. Deputy James Reilly asked the Minister for Health and Children the position regarding a request by an organisation (details supplied) for an inquiry into the alleged activities of a doctor; if she will respond to the request; and if she will make a statement on the matter. [30921/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 372 and 433 together. I met with the support group referred to by the Deputy at the end of June last and undertook to consider their submission which included a request for an independent inquiry. I have arranged to discuss the issues involved this week with my colleague the Minister for Justice Equality and Law Reform and the Attorney General before consulting with the Cabinet about any actions that could reasonably be taken in this regard.

Nursing Homes Support Scheme. 373. Deputy Deirdre Clune asked the Minister for Health and Children when the fair deal nursing home support scheme will open for application; when it will begin to operate; and if she will make a statement on the matter. [30436/09]

374. Deputy Deirdre Clune asked the Minister for Health and Children the way the fair deal nursing home scheme will operate when introduced; and if she will make a statement on the matter. [30437/09]

376. Deputy Olivia Mitchell asked the Minister for Health and Children when she will introduce the fair deal scheme for nursing homes; and if she will make a statement on the matter. [30459/09]

429. Deputy Michael McGrath asked the Minister for Health and Children when the new nursing home support scheme, A Fair Deal, will be implemented. [30872/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): I propose to take Questions Nos. 373, 374, 376 and 429 together. The Nursing Homes Support Scheme Act 2009 was signed into law by the President on the 1st July. Certain sections of the Act were commenced on the 3rd July to enable the National Treatment Purchase Fund to immediately begin price negotiations with private nursing homes. The Minister intends to implement the scheme once these negotiations are concluded and no later than the final quarter of this year. Applicants to the scheme must undergo a care needs assessment to determine whether they need nursing home care and a financial assessment to determine their ability to contribute towards their own care. Based on the outcome of both these assessments, the HSE will decide on the payment of financial support. Under the new scheme, individuals will contribute 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum. The asset disregard is the amount of a person’s assets that is totally excluded from the financial assessment. The asset disregard is \36,000 for an individual or \72,000 for a couple. Where a person’s assets include land and property, the 5% contribution based on such assets may be deferred and can be collected from their estate. This is an optional element of the scheme called “Ancillary State support”. A person’s principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year’ cap. It means that individuals will pay a 5% contribution based on their principal residence for a maximum of

181 Questions— 16 September 2009. Written Answers

[Deputy A´ ine Brady.] three years regardless of the time they spend in nursing home care. After 3 years, even if they are still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year’ cap applies regardless of whether individuals choose to opt for Ancillary State support or not. In the case of a couple, the contribution based on the principal residence will be capped at 7.5% where one partner remains in the home while the other enters long-term residential care. The ‘three year’ cap will also extend to farms and business in certain circumstances. If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime. Finally, there are important safeguards built in to the Financial Assessment which are worth noting: nobody will pay more than the actual cost of care; individuals will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater; if there is a spouse/partner remaining at home, he/she will be left with 50% of the couple’s income or the maximum rate of the State Pension (non-Contributory), whichever is the greater. When the Care Needs and Financial Assessments have been completed, the HSE will provide a list of nursing homes to choose from. The list will include public, voluntary and approved private nursing homes. Approved private nursing homes are homes which have agreed the price charged for care with the National Treatment Purchase Fund and are approved for the purposes of the scheme. Individuals can choose care in any nursing home on the list, subject to the following conditions: the facility must be able to cater for their particular needs; and the facility must have a place for them. A person’s choice of facility is not connected in any way to the level of their contribution to care. If a public or voluntary nursing home is selected, the person will pay their contribution to the HSE or voluntary nursing home, as appropriate, each week and the State will pay the balance. If an approved private nursing home is selected, the person will pay their contribution to the nursing home provider each week and the State will pay the balance.

Child Care. 375. Deputy Olivia Mitchell asked the Minister for Health and Children the steps she will take to ensure standards within the new pre-school scheme and the service provided is an appropriate educational one and not merely child minding; and if she will make a statement on the matter. [30456/09]

182 Questions— 16 September 2009. Written Answers enjoyable learning opportunities for children from birth to six years. The NCCA will be developing exemplars for use by services which will be available on-line. It is a requirement of the ECCE scheme that pre-school leaders in services participating in the scheme hold a qualification in childcare which is equivalent to FETAC Level 5. However, in the first two full years of the scheme, the requirement will be met where a person holds a childcare qualification that includes the four core modules of Early Education, Child Develop- ment, Caring for Children and Work Experience and has at least 2 years experience of working in a position of responsibility with children in the 0-6 age range. National and international research has established that there is a close relationship between the capacity and qualifications of the workforce in early childhood care and education settings and the quality of young children’s early experiences. There is a commitment to the upskilling of the workforce in the Early Childhood Care and Education (ECCE) sector and a Workforce Development Plan for the sector will be published in 2010. A consultative process is currently underway and will conclude at the end of this month. As part of the development of the Workforce Development Plan for the ECCE sector, an analysis of the educational attainment of people employed in childcare sector was carried out. This analysis draws on data from the National Skills database and shows a major shift towards higher qualification levels since 1999. The condition that services participating in the ECCE must have appropriately qualified staff to deliver the pre-school year, is expected to support this upward trend.

Question No. 376 answered with Question No. 373.

Hospital Services. 377. Deputy Charles Flanagan asked the Minister for Health and Children when funding will be available in order for the renal service at the Midlands Regional Hospital, Tullamore, County Offaly to be fully commissioned and staffed; and if she will make a statement on the matter. [30466/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Question No. 378 answered with Question No. 303.

379. Deputy Bobby Aylward asked the Minister for Health and Children if she will investigate the cancellation of an MRI scan for a child (details supplied) in County Kilkenny to May 2010; and if she will arrange to have this procedure carried out on the original date offered of 19 October 2009. [30485/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Health Services. 380. Deputy John McGuinness asked the Minister for Health and Children the reason for the delay in arranging an assessment by an occupational therapist in the case of a person in County Kilkenny; and if she will have the matter expedited. [30501/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

183 Questions— 16 September 2009. Written Answers

Vaccination Programme. 381. Deputy Pat Breen asked the Minister for Health and Children when the swine flu vaccine will be rolled out; the plan for the roll out; the category or groups to which priority will be given; if the vaccine will be rolled out to the entire population including persons over 65 years of age; and if she will make a statement on the matter. [30503/09]

Minister for Health and Children (Deputy Mary Harney): Ireland has, through putting in place advance purchase agreements with two vaccine manufacturers prior to the declaration of the pandemic, secured a total of 7.7m doses of pandemic vaccine. This quantity of vaccine is sufficient to allow the pandemic vaccine to be offered to the whole population and the agreements have ensured that we will get priority delivery of the vaccine as it becomes available. The first doses of the vaccine have arrived in Ireland. The Health Service Executive is finalising the details of the Pandemic Vaccination Prog- ramme. This is an enormous and logistically complex undertaking. The launch of the programme will depend on when the vaccines will be licensed and the availability of sufficient stock of the vaccine. The vaccine will not be administered pre-licence. It will take up to 12 months for all of the vaccine to be delivered and any delays in delivery schedules will affect the vaccination programme. It is hoped that we will be able to commence vaccination in mid October. The launch of the plan needs to be carefully managed in order to gain maximum publicity in the interest of attaining a high level of uptake. Health care workers will be vaccinated in hospitals and other healthcare facilities while the rest of the population will be vaccinated primarily in specially established mass vaccination centres. Each individual will, on the basis of current WHO guidelines, receive two doses of vaccine. The licence will specify the timing of the second dose but it is anticipated that it will be given three weeks after the first. Initially this vaccine will be offered to Health Care Workers and after that to those people with increased medical risk. The rest of the population will then be offered the vaccine on a staged basis.

Hospital Waiting Lists. 382. Deputy Charles Flanagan asked the Minister for Health and Children when a person (details supplied) in County Kildare can expect to be called for a hip replacement operation in Tallaght Hospital. [30504/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Staff. 383. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of temporary or locum consultants employed here for whom the Health Service Executive has not received references; the number who have not received Garda clearance; the specialties they are working in; the hospitals they are working in; if an agency was used in the recruitment process; and, if so, the details of the agency. [30506/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Accommodation. 384. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the occupancy rates of designated beds by patients with private medical insurance in each of the co-

184 Questions— 16 September 2009. Written Answers location hospitals since 2006 and to date in 2009; and if she will make a statement on the matter. [30507/09]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question, which concerns the occupancy rates of designated private beds by private patients in public hospitals at each of the co-location sites, is a service matter and has been referred to the HSE for direct reply.

Proposed Legislation. 385. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children her views on the findings of the 2008 report of the alcohol marketing communications monitoring body which indicates that the number of breaches of the alcohol marketing, communications and sponsorship code have trebled since 2007; her further views on whether this indicates that the voluntary code has failed; if she will introduce legislation to protect children and young people from aggressive and pervasive advertising; and if she will make a statement on the matter. [30508/09]

386. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if the review of the operation and adherence to the alcohol marketing, communications and sponsorship code had been completed by the end of June 2009 as per the commitment in the revised codes in 2008; if she will provide a copy of the review; and if she will make a statement on the matter. [30509/09]

388. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she has received the report of the National Youth Council of Ireland, Get Em Young, mapping young people’s exposure to alcohol marketing here; her views on the findings of the report which indicate that the drinks industry is utilising 16 different channels to market and advertise to young people under 18 years of age; her further views on whether this indicates that the voluntary code has failed; if she will introduce legislation to protect children and young people from this marketing and advertising; and if she will make a statement on the matter. [30511/09]

389. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of outdoor media locations where alcohol advertising cannot be placed because they are within 100 metres of the entrance of a primary or secondary school, designated youth clubs, scouting and girl guide premises; the locations which have been so designated which she was required to draw up as part of the revised alcohol marketing, communications and sponsorship code; and if she will make a statement on the matter. [30512/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): I propose to take Questions Nos. 385, 386, 388 and 389 together. The overall conclusion reached by the Alcohol Marketing Communications Monitoring Body (AMCMB) in their annual reports for 2007 and 2008 was that there continues to be overall compliance with the Codes to limit the exposure of young people to alcohol advertising. The AMCMB is satisfied that the media partners and the Irish alcohol industry are committed to ensuring that the Codes are adhered to by the organisations they represent. The partners to the Codes have not completed a formal review of the operation of the Codes since the publication of the AMCMB 2008 Report on 10th July 2009. However, the code partners are committed to such a review taking place as soon as practicable. The locations where restrictions currently apply to the display of outdoor alcohol advertising are identified by the Outdoor Media companies who own the display areas in question. The Department

185 Questions— 16 September 2009. Written Answers

[Deputy A´ ine Brady.] does not have the number or the location of the places where restrictions apply. However, these companies have undertaken to adhere to the Code on alcohol advertising and take the necessary steps to replace alcohol advertising displays where new locations are identified or brought to their attention. I am aware of the concerns expressed in the findings of the National Youth Council of Ireland’s Report entitled “Get Em Young”. The Codes on alcohol advertising and sponsorship seek to reduce exposure of young people to alcohol advertising but there are huge challenges being posed by the range of multimedia formats, both national and international, which are accessible to young people.

Departmental Reports. 387. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the work and progress of the working group on sports sponsorship by the alcohol industry; when she expects to receive a report and recommendations from the group on the phasing out of alcohol sponsorship of sporting events; and if she will make a statement on the matter. [30510/09]

485. Deputy Denis Naughten asked the Minister for Health and Children when she expects to receive the report of the working group on sport sponsorship by the alcohol industry; and if she will make a statement on the matter. [31378/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): I propose to take Questions Nos. 387 and 485 together. A Working Group on Sport Sponsorship by the Alcohol Industry has been established and is broadly representative of the organisations relevant to the issues being discussed. The Work- ing Group met in May and in July and each of the representative organisations has made a written submission to the Group. The deadline set for the completion of the Group’s Report is the end of September and the Group is working towards that deadline.

Questions Nos. 388 and 389 answered with Question No. 385.

Suicide Incidence. 390. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if her attention has been drawn to the report of the National Suicide Research Foundation which indicated increased levels of deliberate self harm here between 2007 and 2008; her views on the large increases in deliberate self harm among young boys and girls aged ten to 14 years of 35% and among young men aged 15 to 19 years of 18%; and if she will make a statement on the matter. [30513/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): The number of deliberate self-harm presentations reported in 2008 was 11,700 which represented a 6% increase on 2007 figures. There was a significant increase in deliberate self-harm rates in the age groups 10-14 and 15-19. In the age category 10-14 there were a total of 260 deliberate self-harm presentations of which 63 were boys and 197 were girls. This figure represents an overall increase of 39% on 2007 figures. In the age category 15-19 there were a total of 1,704 presentations of which 648 were boys and 1,056 were girls. This figure represents an overall increase of 9% on 2007 figures — 16.3% among boys and 5% among girls. The increase in the number and rate of deliberate self-harm presentations is a concern. However, a number of initiatives have been developed by the HSE’s National Office for Suicide

186 Questions— 16 September 2009. Written Answers

Prevention to address the issue, including the development of an awareness campaign aimed at young people. Consultations with young people were arranged under the auspices of the Office of the Minister for Children and Youth Affairs to inform the campaign and a report on the outcomes of this process — ‘Teenage Mental Health: What helps? and What hurts? was launched on 15th June 2009. The campaign, which will take account of the high rate of deliberate self-harm among young people, is expected to be launched on 12th October 2009. There is progression in the availability of deliberate self-harm services through Hospital Emergency departments and development of a standardised approach to deliberate self harm presentations at Hospital Emergency departments. In this regard, the National Office and the National Suicide Research Foundation will jointly host a meeting in October aimed at stan- dardising the approach to deliberate self-harm presentations. There is development of technology-based initiatives such as a Samaritans texting service, an on-line counselling directory website and on-line treatments for depression.

Mental Health Services. 391. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if she will provide funding in 2010 for the continuation of the Your Mental Health campaign; and if she will make a statement on the matter. [30514/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): The continuation of the ‘Your Mental Health’ campaign in 2010 is a matter for the HSE. The question of providing any additional funding will be considered as part of the Estimates process in the context of competing priorities.

Rights of the Child. 392. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children her views on the proposal of the special group on public service numbers and expenditure programmes to merge the office of the Ombudsman for Children with the office of the Ombudsman; her further views on whether this proposal would diminish the rights of children and would send out the wrong signals in view of the Ryan report; and if she will make a statement on the matter. [30515/09]

413. Deputy Alan Shatter asked the Minister for Health and Children the decisions made by her regarding the recommendation contained in special group on public service numbers and expenditure programmes concerning the Office of the Ombudsman for Children; and if she will make a statement on the matter. [30754/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): I propose to answer Questions Nos. 392 and 413 together. Planned expenditure levels for my Department will be considered as part of the Estimates and Budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes, and the decisions on all of the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Hospital Services. 393. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the number of operations cancelled or postponed in Our Lady’s Hospital for Sick Children, Crumlin, since

187 Questions— 16 September 2009. Written Answers

[Deputy Aengus O´ Snodaigh.] the temporary closure of an operating theatre in May 2009; and when the theatre will reopen. [30536/09]

394. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the number of outpatient appointments which were rescheduled due to the closure of the main outpatients department in Our Lady Hospital for Sick Children, Crumlin, in Dublin on 25 and 26 August 2009; and the closure of its medical tower outpatients department for the week commencing 24 August 2009. [30537/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 393 and 394 together. As these are service matters they have been referred to the Health Service Executive for direct reply.

National Treatment Purchase Fund. 395. Deputy Aengus O´ Snodaigh asked the Minister for Health and Children the number of paediatric operations carried out during the months of May to August 2009 in private medical facilities under the National Treatment Purchase Fund. [30538/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to the operation of the National Treatment Purchase Fund, my Department has asked the Chief Executive of the Fund to reply directly to the Deputy in relation to the information requested.

Health Service Staff. 396. Deputy George Lee asked the Minister for Health and Children the average salary for all public sector workers, hospital consultants, management grades and junior doctors paid for by her Department and management grades paid for by the Health Service Executive for each year from 1997 to 2008; and if she will make a statement on the matter. [30539/09]

Minister for Health and Children (Deputy Mary Harney): There are approximately 550 grades in the public health service and they cover a wide variety of roles and functions. For example, these grades include drivers, nurses, consultants, CEO, health care assistants, management grades, and porters. Therefore, an average salary would not take into account the varying roles and salary levels for each grade. However, the Exchequer Pay and Pensions Bill for health for 1997 to 2007 is outlined below.

Exchequer Pay & Pensions Bill for Health 1997 to 2007

1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

\m \m \m \m \m \m \m \m \m \m \m

2,216 2,462 2,834 3,265 4,025 4,643 5,217 5,603 6,249 6,746 7,226 Excludes the Department of Health & Children.

I wish to advise that a list of all the grades in the public health service with the numbers employed in each (for the years 1997 to 2008) will be forwarded to the Deputy, along with a copy of the salary scales for each of the aforementioned years.

Mental Health Services. 397. Deputy Finian McGrath asked the Minister for Health and Children if she will transfer 188 Questions— 16 September 2009. Written Answers the 308 people with intellectual disabilities in psychiatric hospitals to specialised residential centres and community group home places as a matter of priority. [30549/09]

Question No. 398 answered with Question No. 303.

Health Services. 399. Deputy Edward O’Keeffe asked the Minister for Health and Children if she will support the case of a person (details supplied) in County Cork in order that they are called for treatment. [30562/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards. 400. Deputy Bobby Aylward asked the Minister for Health and Children the position regarding an application for a medical card by a person (details supplied) in County Kilkenny. [30586/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

401. Deputy Bobby Aylward asked the Minister for Health and Children the position regarding an application for a medical card by a person (details supplied) in County Kilkenny. [30588/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Accommodation. 402. Deputy Damien English asked the Minister for Health and Children the number of persons residing in the Health Service Executive sponsored temporary bed and breakfast accommodation through social services; and the breakdown by gender, age and on a local health office basis in tabular form. [30651/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

Health Services. 403. Deputy George Lee asked the Minister for Health and Children if she will reconsider her decision to withdraw funding for certain fertility drugs after three cycles of treatment for IVF patients, in view of the fact that the cost of this treatment is approximately \6,000 and the withdrawing of this funding will mean a further \4,000 to the cost for the couples; if her attention has been drawn to the fact that couples were already struggling financially with the costs involved; and if she will make a statement on the matter. [30665/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply.

189 Questions— 16 September 2009. Written Answers

Question No. 404 answered with Question No. 355.

Question No. 405 answered with Question No. 303.

Ambulance Service. 406. Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 133 of 7 April 2009, the number of additional staff that have been made available to the ambulance service in the mid-west region; the position regarding the recruitment of two consultants in emergency medicine; and if she will make a statement on the matter. [30694/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards. 407. Deputy Pat Breen asked the Minister for Health and Children the number of cards issued to a group (details supplied) in County Clare; and if she will make a statement on the matter. [30695/09]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive (HSE) has the operational and funding responsibility for the medical card benefit. It collates medical card data by county, age and gender. Therefore, my Department has 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. 408. Deputy Finian McGrath asked the Minister for Health and Children if she will support a matter (details supplied) in Dublin 5. [30711/09]

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 have the matter investigated and to reply directly to the Deputy.

Drugs Payment Scheme. 409. Deputy John O’Mahony asked the Minister for Health and Children the rules and guidelines of the drugs payment scheme in view of a matter (details supplied); and if she will make a statement on the matter. [30734/09]

Minister for Health and Children (Deputy Mary Harney): The position in relation to the Drug Payment Scheme (DPS) is that no more than 12 payments should be made by a family or individual in a full year on medication for use in any calendar month. The Health Service Executive Primary Care Reimbursement Service, formerly the GMS (Payments) Board, which is responsible for reimbursing community pharmacists under the DPS, advised all community pharmacists in 1999 on the establishment of the DPS that no more than 12 payments should be made in a year. However, once in a 12 month period or periodically, more than a 28 day supply may be provided, depending on the drugs and medicines, to ensure that no more than 12 payments are made in a year by an individual or a family.

190 Questions— 16 September 2009. Written Answers

Health Service Staff. 410. Deputy John O’Mahony asked the Minister for Health and Children the cost for agency nursing staff for 2007, 2008 and to date in 2009 in tabular form; and if she will make a statement on the matter. [30742/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

411. Deputy John O’Mahony asked the Minister for Health and Children when the embargo will be lifted for the recruitment of nursing personnel; and if she will make a statement on the matter. [30743/09]

Minister for Health and Children (Deputy Mary Harney): In order to implement savings measures on public service numbers, the Government introduced a moratorium on recruitment, promotion, or payment of an allowance for the performance of duties at a higher grade with effect from 27 March 2009 to end 2010. A HSE circular has issued which gives effect to the Government decision in the public health services and other specific aspects of the employment control framework for the health services. The HSE will be focussing on the scope that exists within the health services for reorganising and restructuring of work in order to minimise the impact on essential service delivery. The redeployment and reassignment of existing staff will also support the reorientation of care from hospitals to the community and to facilitate the development of integrated care. It is seeking a high level of flexibility from staff and unions to achieve this. The Government decision has been modulated to ensure that key services are maintained insofar as possible in the health services, particularly in respect of children at risk, older people and persons with a disability. In addition, the employment control framework specifically exempts the following front line grades in the health sector from the moratorium: Medical Consultants, Speech and Language Therapists, Occupational Therapists, Physiotherapists, Clinical Psychologists, Behaviour Thera- pists, Counsellors, Social Workers, and Emergency Medical Technicians. The framework actually allows for a growth in the number of those posts within the overall approved employment ceiling (111,800 wtes) for the health sector. The framework also includes provision for the creation of 225 new development posts this year for cancer and disability services. In addition, special provisions apply in relation to Clinical Engineering Technicians, Dosimetrists, Physi- cists, and Radiation Therapists, which are specialist grades under the National Cancer Con- trol Programme. The focus on these key grades is in line with existing Government policy on the prioritisation of certain development areas, for which significant funding has already been provided. The overall result will be to assist in the reorientation of health employment to services delivered in primary and community care. I wish to advise that as part of the Employment Control Framework for the health sector, the Joint Employment Control Monitoring Committee, comprising officials from my Depart- ment, the Department of Finance and the HSE, meets regularly to monitor health employment levels and to review the implementation of the moratorium and any issues arising.

Question No. 412 answered with Question No. 303.

Question No. 413 answered with Question No. 392.

191 Questions— 16 September 2009. Written Answers

414. Deputy Dan Neville asked the Minister for Health and Children if she will appoint two trainees to the orthodontic department in County Limerick to replace a specialist orthodon- tist. [30756/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Health Services. 415. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [30777/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospitals Building Programme. 416. Deputy Dan Neville asked the Minister for Health and Children if the high observation area of 5B Mid-Western Regional Hospital has been constructed. [30780/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Nursing Homes Repayment Scheme. 417. Deputy John Deasy asked the Minister for Health and Children the reason, in view of the reply to Parliamentary Question No. 106 of 18 June 2009 stating that the outstanding 1,000 claims under the national repayments scheme would be processed within a few weeks, that no offer has been made in respect of a claim for a person (details supplied) in County Waterford; the further reason for the delay; when an offer will be made; and if she will make a statement on the matter. [30782/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

National Treatment Purchase Fund. 418. Deputy James Bannon asked the Minister for Health and Children the reason a person (details supplied) in County Longford, who has been waiting since 2007 for a knee replacement, has not been prioritised under the National Treatment Purchase Fund, despite qualifying in relation to the six months cut off point; and if she will make a statement on the matter. [30790/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply. The National Treatment Purchase Fund arranges treatment for patients who have been on a surgical waiting list for more than three months. It is open to the person in question or anyone acting on their behalf to contact the Fund directly in relation to their case.

Hospital Services. 419. Deputy Dan Neville asked the Minister for Health and Children the amount of funding allocated to Mallow General Hospital in County Cork in 2009; the budgetary allocation in respect of 2010; if she will confirm that no downgrading of this hospital will take place; and if she will make a statement on the matter. [30791/09]

192 Questions— 16 September 2009. Written Answers

440. Deputy Sea´n Sherlock asked the Minister for Health and Children the status of the reconfiguration of hospitals in the Health Service Executive south region, particularly with regard to Mallow General Hospital, County Cork; and if she will make a statement on the matter. [30988/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 419 and 440 together. The Government is committed to ensuring the delivery of the best quality health services possible, in an effective and efficient way. Ensuring patient safety is of paramount importance, so that people can have confidence in the services and that the best possible patient outcomes can be achieved. The HSE commissioned Horwath Consulting Ireland, in association with Teamwork Management Services to carry out a review of acute hospital services in the HSE South, based on the principle of securing clinically safe and sustainable acute hospital services. The report was launched publicly on the 9 June 2009. Professor John Higgins has been appointed as Director of Reconfiguration of Acute Services, Cork & Kerry Region. The Teamwork report proposes a single health care system for Cork and Kerry with the development of a new governance structure for the hospitals and community to encompass the relationship between the health care system and the third level educational sector (UCC, CIT, ITT). The principles that apply are that complex clinical care should be concentrated on the Cork University Hospital campus and that the other hospitals should where possible provide an expanded range of day surgery, diagnostic and out patient services. The reconfiguration process involves both enhancing primary care services and moving hospital services as close as practicable to people’s homes. It is clear that in this context hospitals will have to change significantly the type of services they provide and the way these are delivered. Reorganisation of services must of course occur in consultation with the key stakeholders and on an incremental basis. I believe that it is important to work with health professionals and other interested parties to secure an increasing set of improvements over time. As the detailed questions raised are service matters, they have been referred to the HSE for direct reply.

Health Service Allowances. 420. Deputy Michael Creed asked the Minister for Health and Children the reason for the delay in processing an application by a person (details supplied) in County Cork in respect of the back to school clothing and footwear allowance scheme; when payment will issue; and if she will make a statement on the matter. [30804/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Medical Cards. 421. Deputy Michael Creed asked the Minister for Health and Children when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for a medical card; and if she will make a statement on the matter. [30806/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Allowances. 422. Deputy Michael Creed asked the Minister for Health and Children the reason for the

193 Questions— 16 September 2009. Written Answers

[Deputy Michael Creed.] delay in processing an application by a person (details supplied) in County Cork in respect of their application for back to school clothing and footwear allowance; when payment will issue; and if she will make a statement on the matter. [30807/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

423. Deputy Michael Creed asked the Minister for Health and Children the reason for the delay in processing an application by a person (details supplied) in County Cork in respect of the back to school clothing and footwear allowance; when payment will issue; and if she will make a statement on the matter. [30808/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Question No. 424 answered with Question No. 303.

Medical Cards. 425. Deputy Dan Neville asked the Minister for Health and Children when an application for an over 70 years medical card in respect of a person (details supplied) in County Limerick will be processed; and if she will make a statement on the matter. [30820/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

426. Deputy Pat Breen asked the Minister for Health and Children, further to Parliamentary Question No. 178 of 24 February 2009, the position regarding the plans of the Health Service Executive to centralise the medical card section from Ennis, County Clare; and if she will make a statement on the matter. [30861/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Services. 427. Deputy John McGuinness asked the Minister for Health and Children the reason the appropriate level of care and support is not being provided by the Health Service Executive in the case of a person (details supplied) in County Kilkenny; and if she will expedite a full investigation of this case. [30864/09]

Health Service Allowances. 428. Deputy John Cregan asked the Minister for Health and Children the reason the domiciliary care allowance has been withdrawn from a person (details supplied) in County Limerick; and if she will make a statement on the matter. [30868/09]

194 Questions— 16 September 2009. Written Answers

Question No. 429 answered with Question No. 373.

Medical Cards. 430. Deputy Fergus O’Dowd asked the Minister for Health and Children if assistance will be granted in the purchase of an item for a person (details supplied) in County Louth; and if she will make a statement on the matter. [30876/09]

Minister for Health and Children (Deputy Mary Harney): A medical card as issued by the Health Service Executive (HSE), confirms that the holder is entitled, free of charge, to a range of health services, which includes:

• General medical and surgical services including all in-patient services and outpatient services in a public ward in a public hospital (including consultant services)

• Medical and midwifery care for mothers and infants

• A choice of general medical practitioner from those doctors who have a contract with the HSE

• Supply of prescribed approved medicines and appliances

• Dental, Ophthalmic and Aural services

• A maternity cash grant for each child born.

The HSE has informed my Department that it is not in a position to provide funding for Identification Bracelets and that such products can be acquired in most high street pharmacies for prices as low as \11.

Nursing Homes Support Scheme. 431. Deputy Finian McGrath asked the Minister for Health and Children if she will support the case of a person (details supplied) in Dublin 5. [30890/09]

195 Questions— 16 September 2009. Written Answers

[Deputy A´ ine Brady.]

A person’s principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year’ cap. It means that individuals will pay a 5% contribution based on their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if they are still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year’ cap applies regardless of whether individuals choose to opt for Ancillary State support or not. In the case of a couple, the contribution based on the principal residence will be capped at 7.5% where one partner remains in the home while the other enters long-term residential care. The ‘three year’ cap will also extend to farms and business in certain circumstances. If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime. Finally, there are important safeguards built in to the Financial Assessment which are worth noting.

• Nobody will pay more than the actual cost of care.

• Individuals will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater.

• If there is a spouse/partner remaining at home, he/she will be left with 50% of the couple’s income or the maximum rate of the State Pension (non-Contributory), whichever is the greater.

When the Care Needs and Financial Assessments have been completed, the HSE will provide a list of nursing homes to choose from. The list will include public, voluntary and approved private nursing homes. Approved private nursing homes are homes which have agreed the price charged for care with the National Treatment Purchase Fund and are approved for the purposes of the scheme. Individuals can choose care in any nursing home on the list, subject to the following conditions:

• The facility must be able to cater for their particular needs, and

• The facility must have a place for them.

A person’s choice of facility is not connected in any way to the level of their contribution to care. If a public or voluntary nursing home is selected, the person will pay their contribution to the HSE or voluntary nursing home, as appropriate, each week and the State will pay the balance. If an approved private nursing home is selected, the person will pay their contribution to the nursing home provider each week and the State will pay the balance. Finally, I have arranged for an Information Leaflet, FAQ’s and Examples of Co-payment under the scheme to be posted to the Deputy for the benefit of the individuals referred to in the question.

Pension Provisions. 432. Deputy Leo Varadkar asked the Minister for Health and Children if doctors employed in public hospitals (details supplied) on temporary contracts in the 1970s and 1980s are entitled to a public service pension; the procedures involved to the public to ascertain such information; and if she will make a statement on the matter. [30910/09]

196 Questions— 16 September 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): Before 1st October, 1979 junior hospital doctors, being temporary post holders, did not have access to employee superannuation schemes in the public health sector. On 1st August, 1979 the Department of the Envir- onment issued Circular Letter S. 6/79 which provided access to superannuation schemes for junior hospital doctors. I am arranging for a copy of the relevant circular to be forwarded to you directly. It also sets out the procedure for reckoning service by junior hospital doctors in voluntary hospitals from 1969, when the relevant scheme was introduced, and also for reckoning pre-scheme service. Junior hospital doctors employed in a public hospital from 1st October, 1979 had their names entered in the register of pensionable officers and they paid employee pension contributions to the relevant superannuation scheme. Where such employees preserved benefits (this was mandatory once 5 years service was accumulated), a preserved pension benefit accrued. Where the employee took up future public sector pensionable employment, the junior hospital doctor service transferred on a knock-for-knock basis between public schemes. If the employee left the public service without preserving benefits, s/he would be entitled to re-instate such service at a future date if s/he re-entered public sector employment.

Question No. 433 answered with Question No. 372.

Health Services. 434. Deputy Ciara´n Lynch asked the Minister for Health and Children the options available to a person (details supplied) in County Cork; and if she will make a statement on the matter. [30926/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Medical Cards. 435. Deputy Ciara´n Lynch asked the Minister for Health and Children the reason a medical card has been denied to a person (details supplied) in County Cork; and if she will make a statement on the matter. [30928/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Allowances. 436. Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an application for domiciliary care allowance in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30938/09]

Health Services. 437. Deputy Edward O’Keeffe asked the Minister for Health and Children if she will investigate an application in respect of a person (details supplied). [30941/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

197 Questions— 16 September 2009. Written Answers

438. Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be given an appointment. [30973/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Question No. 439 answered with Question No. 303.

Question No. 440 answered with Question No. 419.

Nursing Homes Repayment Scheme. 441. Deputy Michael Ring asked the Minister for Health and Children the position regarding a claim under the health repayment scheme in respect of a person (details supplied) in County Mayo. [30996/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Medical Cards. 442. Deputy Alan Shatter asked the Minister for Health and Children her views on the proposal of the Health Service Executive to centralise the processing of all applications for medical cards; if her attention has been drawn to the fact that there is a concern that such centralisation depersonalises the process and removes flexibility and safeguards and the benefit from local knowledge and assistance provided by health staff and others; her further views on whether such centralisation will unnecessarily prolong determination of applications for medical cards; and if she will make a statement on the matter. [31004/09]

501. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children her role in the decision to centralise the processing of applications for medical cards; the discussions with the Health Service Executive she has had on this matter; if she will reverse this decision in view of the disruptive consequences of such centralisation for medical card applicants and HSE staff; and if she will make a statement on the matter. [31600/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 442 and 501 together. Up to the start of this year, medical card and GP visit card applications were processed in the Health Service Executive’s (HSE’s) 32 local health areas. However, under the HSE’s 2009 Service Plan, the processing of all medical card and GP visit card applications will transfer to the Executive’s Primary Care Reimbursement Service (PCRS) in Dublin. The change is being implemented on a phased basis and has commenced with the PCRS processing all medical card applications for persons aged 70 or over. The phased implementation will allow the situation to be continuously monitored and, if required, modified to address any issues arising. The HSE has advised my Department that there are no plans to close any of the local health offices and these offices will continue to deal with queries of a general nature about the medical card scheme and will provide any assistance needed with the application process. However, the process will involve a reassignment of existing human resources within the HSE to other critical frontline services and the Executive is working through the formal process with the trade union involved. This flexibility by public service workers is essential in the context of the current economic environment.

198 Questions— 16 September 2009. Written Answers

Under the new arrangements, the HSE will be aiming for a turnaround time of 15 days or less for all medical card applications. Emergency applications will be dealt with immediately with a card issuing within 24 hours. Applications from people whose income exceeds the income guidelines but have a case to be considered on medical or hardship grounds will also be processed by the PCRS. I fully support the HSE’s decision to centralise the medical card and GP visit card application and review process to one location. The HSE has advised that when fully implemented, this measure will ensure:

• Improved turnaround time for the processing of applications;

• Equitable application of eligibility across the country;

• Consistency of service provision to customers;

• Clearer lines of governance and accountability; and

• Improved unified data.

Hospital Procedures. 443. Deputy Alan Shatter asked the Minister for Health and Children the arrangements made to ensure that children whose urgent spinal surgery has been delayed at Our Lady’s Hospital for Sick Children, Crumlin, undergo essential spinal surgery without unnecessary delay; the number of children whose surgery will take place before the 31 December 2009; the number awaiting such surgery; and the position regarding the 25 bed ward and theatre in Crumlin closed as a consequence of a funding shortfall. [31011/09]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has recently reached agreement with the three Dublin paediatric and Cappagh hospitals on proposals to specifically address the needs of a number of patients who are awaiting spinal surgery procedures for the treatment of scoliosis between now and year end. Some procedures under this agreement have commenced. The Deputy’s question has been referred to the HSE for direct reply in relation to the other issues raised.

Health Services. 444. Deputy Michael Ring asked the Minister for Health and Children the breakdown of funding received by WestDoc, in tabular form, from 1 January 2008 to 31 December 2008. [31046/09]

445. Deputy Michael Ring asked the Minister for Health and Children the number of staff employed by WestDoc and their sections in tabular form. [31047/09]

446. Deputy Michael Ring asked the Minister for Health and Children the number of vehicles which have been bought by WestDoc from 1 January 2008 to 31 December 2008. [31048/09]

199 Questions— 16 September 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 444 to 446, inclusive, together. As these are service matters they have been referred to the Health Service Executive for direct reply to the Deputy.

Question No. 447 answered with Question No. 303.

Inter-Country Adoptions. 448. Deputy Jim O’Keeffe asked the Minister for Health and Children the number of people who received formal declarations of eligibility to adopt from the Adoption Board but are unable to adopt a child due to the indefinite postponement of adoptions from Vietnam. [31063/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): Dec- larations of eligibility and suitability are issued on an ongoing basis by the Adoption Board. Such declarations are not country specific although applicants will have indicated which country they intend adopting from as part of the assessment process. My understanding, at this stage is that over 350 applicants who have received declarations have indicated a preference for adopting from Vietnam.

Question No. 449 answered with Question No. 303.

Health Service Allowances. 450. Deputy Bernard J. Durkan asked the Minister for Health and Children if a review will be undertaken regarding a mobility allowance application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31133/09]

Hospital Services. 451. Deputy Bernard J. Durkan asked the Minister for Health and Children the position of a diabetic high risk clinic in a hospital (details supplied); whether same is due for closure; the reason for same; if she will put in place the necessary funding to enable this clinic to continue; and if she will make a statement on the matter. [31134/09]

Minister for Health and Children (Deputy Mary Harney): As these are service issues they have been referred to the Health Service Executive for direct reply.

452. Deputy Bernard J. Durkan asked the Minister for Health and Children when paediatric and occupational therapist assessment can be undertaken at Tallaght Hospital in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31135/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service issue, it has been referred to the HSE for direct reply.

Medical Cards. 453. Deputy Bernard J. Durkan asked the Minister for Health and Children when a medical

200 Questions— 16 September 2009. Written Answers card will issue in the case of a person (details supplied) in Dublin 8; and if she will make a statement on the matter. [31136/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Support Scheme. 454. Deputy Jan O’Sullivan asked the Minister for Health and Children if the fair deal scheme will be introduced as planned in autumn 2009; the date when it will be introduced; if the funding provided for the scheme is secure for 2009; and if she will make a statement on the matter. [31192/09]

Health Services. 455. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children when the Health Service Executive north east taxi contract was last put to tender; the details of the arrangements currently in place; when it will be put to tender again; and if she will make a statement on the matter. [31199/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

456. Deputy Sea´n Sherlock asked the Minister for Health and Children the number of people who availed of optical benefit schemes between 2007 and to date in 2009; and if she will make a statement on the matter. [31203/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

457. Deputy Sea´n Sherlock asked the Minister for Health and Children the number of people who availed of dental benefit schemes between 2007 and to date in 2009; and if she will make a statement on the matter. [31204/09]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive provides a scheme of dental services for adult medical card holders under the Dental Treatment Services Scheme (DTSS). As the DTSS is the responsibility of the Executive, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and have a reply issued directly to you. The Department of Social and Family Affairs provides a scheme of dental services under the Dental Treatment Benefit Scheme (DTBS). I am advised that the Department of Social and Family Affairs does not record the number of individuals who avail of its scheme. However, the numbers of claims paid for the periods in question are as follows:

201 Questions— 16 September 2009. Written Answers

[Deputy Mary Harney.]

Year Number

2007 634,077 2008 675,578 2009 (incl Sept.) 539,791

Pre-school Services. 458. Deputy Sea´n Sherlock asked the Minister for Health and Children her views on changes to the scheme to provide a free pre-school year of early childhood care and education in order to allow for situations in rural areas where parents are not available to participate in the scheme five days a week; and if she will make a statement on the matter. [31208/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware I have responsibility for the implementation of the new scheme to provide a free Pre-School year of Early Care and Education (ECCE) to eligible children and which will be introduced in January 2010. Services can choose to deliver the Pre-School Year from a range of options. A full or part-time day-care service will normally provide the place for 2 hours 15 minutes a day, five days a week over 50 weeks, in return for a weekly capitation fee of \48.50. A playschool sessional service will normally be required to provide a pre-school service for 3 hours a day, five days a week over 38 weeks, in return for a weekly capitation fee of \64.50. However, where for good reason a sessional service is unable to operate over 5 days, it may participate in the scheme by providing a place for 3 hours 30 minutes, 4 days a week over 41 weeks (157 days). Further flexibility is provided for in that, a full or part-time service may choose to provide a sessional service over 38 weeks of a year (or two sessional services each day) while a sessional service may choose to provide 2 hours 15 minutes per day over 50 weeks. Also in cases where children attend a full or part-time day-care service for 3 days a week only, consideration will be given to allowing the service to participate in the scheme on the basis of providing the pre- school year to those children for 3 hours 45 minutes a day for 3 days a week. In such cases, a service will be required to provide the pre-school year over 50 weeks.

Hospital Services. 459. Deputy Sea´n Sherlock asked the Minister for Health and Children when the proposed closure of Heatherside Hospital, County Cork, is due to take place; and if she will make a statement on the matter. [31213/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Staff. 460. Deputy Niall Collins asked the Minister for Health and Children if civil servants from her Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of her Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to her Department as their direct employer; her policy in this regard; and if she will make a statement on the matter. [31231/09] 202 Questions— 16 September 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): A number of civil servants of my Department sit on the Boards of some of the Non-Commercial State Sponsored Bodies established under the aegis of my Department. No fee, salary or remuneration is payable in respect of their Board membership. If travel and subsistence expenses are incurred by a civil servant in undertaking Board duties, these expenses are normally payable by the Board in question.

Question Nos. 461 to 463, inclusive, answered with Question No. 303.

Hospital Services. 464. Deputy Sea´n Sherlock asked the Minister for Health and Children if she will expedite an appointment for a procedure in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [31260/09]

Question No. 465 answered with Question No. 303.

Health Service Allowances. 466. Deputy Dan Neville asked the Minister for Health and Children if she will ensure that an allowance will continue to be awarded to a person (details supplied) in County Limerick. [31267/09]

Hospital Services. 467. Deputy Sea´n Sherlock asked the Minister for Health and Children the amount paid to the Bon Secours Hospital in Cork in respect of each patient transferred and transported from Mallow General Hospital as an inpatient for a CT scan for the years 2007 to date in 2009; and if she will make a statement on the matter. [31276/09]

468. Deputy Sea´n Sherlock asked the Minister for Health and Children if there are plans to employ a full-time radiologist to cover CT and general duties at Mallow General Hospital; if so, when this appointment will take place; if an appointment has taken place, the terms of the contract with regard to hours and specific duties; and if she will make a statement on the matter. [31277/09]

469. Deputy Sea´n Sherlock asked the Minister for Health and Children the status with regard to the operation of the CT scanner at Mallow General Hospital; and if she will make a statement on the matter. [31278/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 467 to 469, inclusive, together. As these are service matters, they have been referred to the HSE for direct reply.

203 Questions— 16 September 2009. Written Answers

Health Service Allowances. 470. Deputy Sea´n Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31279/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

471. Deputy Sea´n Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31283/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

472. Deputy Sea´n Sherlock asked the Minister for Health and Children the status of an application for the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31284/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

473. Deputy Sea´n Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31285/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

474. Deputy Sea´n Sherlock asked the Minister for Health and Children the status of an application under the back-to-school clothing scheme by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31286/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

475. Deputy Sea´n Sherlock asked the Minister for Health and Children the status of an application by a person (details supplied) in County Cork under the back-to-school clothing scheme; and if she will make a statement on the matter. [31287/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Service Staff. 476. Deputy Paul Kehoe asked the Minister for Health and Children if a person (details supplied) is eligible to be considered for the incentivised scheme for early retirement; and if she will make a statement on the matter. [31289/09]

Minister for Health and Children (Deputy Mary Harney): Members of all eligible grades in the health sector who meet the criteria set down in my Department’s Circular 8/2009 have access to the ISER provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employ-

204 Questions— 16 September 2009. Written Answers ment control framework: this is designed to allow individuals to avail of the ISER while still protecting services. Because staff who retire under the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard is essential. My Department understands that the directive issued by the majority of health service trade unions instructing their members not to cooperate with redeployment and reassignment requests from management is still in place. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme. However, applications can still be made to the relevant employer in anticipation of a resolution of the industrial relations issues and a further Circular (17/2009) has issued extending the closing date of the incentivised scheme for early retirement to 16 October, 2009. Talks will continue on the issue and it is hoped that a satisfactory resolution will be found.

477. Deputy Paul Kehoe asked the Minister for Health and Children her views on the problems being experienced by the Health Service Executive and the unions with regards to the introduction of the incentivised scheme for early retirement; and if she will make a statement on the matter. [31290/09]

Minister for Health and Children (Deputy Mary Harney): The problems being experienced by the Health Service Executive and the unions with the regard to the introduction of the incentivised scheme for early retirement have not yet been resolved. As you may be aware, members of all eligible grades who meet the criteria set down in Circular 8/2009 have access to the ISER provided the grades/staff groups concerned cooperate with the requirements in relation to redeployment, mobility, skill mix and flexibility which are outlined in the employment control framework: this is designed to allow individuals to avail of the ISER while still protecting services. Because staff who retire under the scheme will not be replaced (save in very exceptional cases), employers must pay particular attention, when considering applications, to the scope that exists within the organisation for reorganising and restructuring work in order to minimise the impact on essential service delivery. Staff cooperation and flexibility in that regard is essential. My Department understands that the directive issued by the majority of health service trade unions instructing their members not to cooperate with redeployment and reassignment requests from management is still in place. This instruction severely restricts the ability of management to organise/restructure work practice and contravenes the qualification criteria for the scheme. However, applications can still be made to the relevant employer in anticipation of a resolution of the industrial relations issues and a further Circular (17/2009) has issued extending the closing date of the incentivised scheme for early retirement to 16 October, 2009. Talks will continue on the issue and it is hoped that a satisfactory resolution will be found.

Hospital Accommodation. 478. Deputy Paul Kehoe asked the Minister for Health and Children the proposals in place in respect of an old hospital (details supplied) when the new hospital is opened; if she will provide an undertaking that the hospital will not be allowed go into disrepair, similar to another old hospital; and if she will make a statement on the matter. [31292/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

205 Questions— 16 September 2009. Written Answers

Legal Fees. 479. Deputy John O’Mahony asked the Minister for Health and Children the cost of legal fees for the Health Service Executive west in 2006, 2007 and 2008 as a result of legal cases taken against it; and if she will make a statement on the matter. [31305/09]

480. Deputy John O’Mahony asked the Minister for Health and Children the amount of compensation paid out by the Health Service Executive west in 2006, 2007 and 2008 as a result of legal cases taken against it; and if she will make a statement on the matter. [31306/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 479 and 480 together. As the Deputy’s questions concern matters pertaining to the Health Service Executive, I have forwarded them to the Parliamentary Affairs Division of the Executive for attention and direct reply to the Deputy.

Health Services. 481. Deputy John McGuinness asked the Minister for Health and Children the action being taken by Waterford Regional Hospital to resolve the care required by a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [31337/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Hospitals Building Programme. 482. Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 63 of 2 July 2009, the position regarding the construction of this project. [31356/09]

Minister for Health and Children (Deputy Mary Harney): The next phase in the development of St. Vincent’s Hospital will involve the building of a new ward block to replace existing accommodation. The new facility will provide accommodation for cystic fibrosis patients with appropriate isolation facilities for the treatment of their condition. It will also include a dedicated day unit for people with cystic fibrosis. The HSE will shortly be awarding a contract to begin the site preparation works. In the interim tender documents are being completed for the development of the ward block in order to ensure earliest possible commencement of construction in 2010. It is intended that the development will become operational as early as possible in 2011.

Vaccination Programme. 483. Deputy Denis Naughten asked the Minister for Health and Children if she will publish the report of the vaccine damage steering group; the reason for the delay in its publication; and if she will make a statement on the matter. [31375/09]

492. Deputy Damien English asked the Minister for Health and Children when she expects that a person (details supplied) in County Meath will be responded to by the vaccine damage steering group with the view to closure on the issue. [31541/09]

Minister for Health and Children (Deputy Mary Harney): I propose to answer Questions Nos. 483 and 492 together.

206 Questions— 16 September 2009. Written Answers

I am currently considering the recommendations in the report of the Vaccine Damage Steering Group and it is my intention to publish the report when I have completed my deliberations. I expect to be in a position to do so shortly.

Departmental Reports. 484. Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 142 of 16 June 2009, if the report has been finalised; if a decision has been made on the publication date; and if she will make a statement on the matter. [31376/09]

Minister for Health and Children (Deputy Mary Harney): The Review in question was commissioned by the Health Service Executive in order to inform plans for the organisation and delivery of adult critical care services within the acute hospital system. I understand that the report is being finalised at present. A decision on publication will be made when the report is completed.

Question No. 485 answered with Question No. 387.

Data Protection. 486. Deputy Denis Naughten asked the Minister for Health and Children if she will provide a full report on the content of the action taken to date, on the theft of laptops from the Health Service Executive offices in Roscommon town; and if she will make a statement on the matter. [31381/09]

Minister for Health and Children (Deputy Mary Harney): The question has been referred for direct reply to the Health Service Executive which has responsibility for the formulation and implementation of measures relating to ICT security and the necessary follow up on events such as the theft of laptops that occurred last June in Roscommon.

Patient Private Property Fund. 487. Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 85 of 18 June 2009, the position regarding the issues raised; the value of payments made to date; the number of clients or their representatives who have received payment; and if she will make a statement on the matter. [31383/09]

Minister for Health and Children (Deputy Mary Harney): The first payments of interest previously retained on invested PPP funds by the HSE have now been made to clients in the South East area in respect of funds invested during 2005. To date interest of \60,900 in total was distributed to 1,120 clients. Clients who have received payments directly to their PPP accounts to date have been provided with individual statements outlining the amount of interest received. The HSE is now seeking to identify the rightful recipients of the remainder of these funds. In many cases clients are either discharged or are deceased. There is a significant administrative task in establishing the present whereabouts of the persons entitled to receive this payment. The HSE has also commenced a project to facilitate the electronic receipt of Department of Social and Family Affairs allowances on behalf of HSE clients. Such payments will commence later this month. This project is drawing on the same staff resources as those involved in the processing of retained interest payments and was not anticipated earlier in the year. The calcu-

207 Questions— 16 September 2009. Written Answers

[Deputy Mary Harney.] lation and processing of returned interest payments will re-commence once the project is complete.

Health Centres. 488. Deputy Bernard J. Durkan asked the Minister for Health and Children if she has received documentation appertaining to extension, improvement, refurbishment works at John- stownbridge health centre in County Kildare; the full extent of the works required; when her attention was drawn to this requirement; when it is expected to respond positively to such requests in view of the situation prevailing at present; if she will enter into dialogue with local general practitioner and health centre staff with a view to expediting the process having particular regard to the population increase in the area and that the current facilities were provided to meet the existing population demands 40 years ago; and if she will make a statement on the matter. [31428/09]

489. Deputy Bernard J. Durkan asked the Minister for Health and Children the number and location of health centres in County Kildare currently deemed to be in need of upgrading, extension, renovation, or replacement in accordance with population or other requirements; the extent to which documentation has been submitted to her in respect of such proposals; the degree to which it is intended to respond to those longest on such waiting lists; the estimated cost of the required improvements; the time scale within which provision is expected to materi- alise; and if she will make a statement on the matter. [31429/09]

Minister for Health and Children (Deputy Mary Harney): I propose to answer Questions Nos. 488 and 489 together. As the Deputy’s questions refer to service matters they have been referred to the Health Service Executive for direct reply to the Deputy.

Health Service Staff. 490. Deputy Jack Wall asked the Minister for Health and Children when a person (details supplied) in County Kildare, who was employed by the Health Service Executive, will receive their P45; and if she will make a statement on the matter. [31511/09]

Minister for Health and Children (Deputy Mary Harney): As the Deputy’s question relates to service matters, I have arranged for the question to be referred to the Health Service Execu- tive (HSE) for direct reply.

Health Service Allowances. 491. Deputy Dan Neville asked the Minister for Health and Children if the back-to-school allowance will be processed without further delay in respect of persons (details supplied). [31533/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Question No. 492 answered with Question No. 483.

Pre-school Services. 493. Deputy Terence Flanagan asked the Minister for Health and Children the action she

208 Questions— 16 September 2009. Written Answers will take to deal with a matter (details supplied); and if she will make a statement on the matter. [31545/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): As the Deputy will be aware, I have responsibility for the implementation of the new Early Child- hood Care and Education scheme which provides a free Pre-School year to eligible children and which will be introduced in January 2010. As part of the preparations for introducing the new scheme, the Childcare Directorate of my Office wrote to almost 5,000 private and voluntary pre-school service providers in the State, inviting them to participate and outlining the requirements governing the scheme. The application process is expected to be completed next month following which a list of local services contracted to participate in the scheme, will be available to parents from each City and County Childcare Committee. In practice, many parents will already have children attending pre-school services which have applied to participate in the scheme and expect to do so, from January 2010. As indicated above, applicants were made aware of the requirements governing the scheme in June of this year. A key requirement of the scheme is that pre-school leaders must hold a certification for a major award in childcare/early education at a minimum of Level 5 on the National Framework of Qualifications of Ireland (NFQ) or an equivalent recognised qualification in the childcare/early education field. In the first two full years of the scheme, the qualification requirement will be met where a person holds an award in ECCE that includes the four core modules of Early Education, Child Development, Caring for Children and Work Experience and has at least 2 years experience of working in a position of responsibility with children in the 0-6 range. As a scheme to provide appropriate programme based educational activities for children in their pre-school year, qualifications in other fields, such as Business Studies, cannot be taken into account. Services which are unable to demonstrate that they have pre-school year leaders who hold the minimum required level of qualification will not be able to participate in the scheme. Services can re-apply for entry to the scheme in September 2010. The annual capitation fee of over \2,400 amounts, in the case of a sessional playschool, to \64.50 pew week over 38 weeks. For full- and part-time services providing a pre-school year of 2 hours 15 minutes per day, 5 days a week for 50 weeks, the annual capitation fee amounts to \48.50 per week. The capitation fee and its application on a weekly basis are considered reasonable.

Health Services. 494. Deputy Edward O’Keeffe asked the Minister for Health and Children if she will assist in having an application for home help in respect of a person (details supplied) in County Cork reconsidered. [31569/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Expenditure. 495. Deputy Damien English asked the Minister for Health and Children the amount of money spent on advertising and promotions in her Department and each agency under her aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if she will make a statement on the matter. [31580/09]

209 Questions— 16 September 2009. Written Answers

Minister for Health and Children (Deputy Mary Harney): The information requested by the Deputy in relation to my Department is set out in the following table.

Advertising by the Department from 2004 to 2009

Year \

2004 6,103,000 2005 5,389,000 2006 1,375,000 2007 48,400 2008 62,315 2009 115,003

Responsibility for advertising and promotional campaigns transferred to the Health Service Executive in early 2006. This includes media campaigns in relation to alcohol, smoking, illegal drugs, obesity etc. Resulting from this transfer of responsibility, the Department’s costs for advertising etc. reduced substantially in 2006. The expenditure in 2007 relates exclusively to a public information campaign on the Nursing Homes Support Scheme — “A Fair Deal”. Expen- diture in 2008 and 2009 relates to a number of public consultation and information campaigns. With regard to agencies under the aegis of my Department, information is only available in respect of the period from January 2009 to date. Information prior to this date is not routinely collected by my Department.

Advertising by agencies under the aegis of the Department — 2009

An Bord Altranais 56,898 Crisis Pregnancy Agency 742,807 Health Insurance Authority 11,674 Irish Blood Transfusion Service 428,292 Medical Council 27,449 Mental Health Commission 4,435 National Cancer Screening Service 616,965 Office of Tobacco Control 35,654 Office of the Disability Appeals Officer 412 Safefood 203,848

With regard to the Health Service Executive, my Department has requested the Parliamentary Affairs Division of the Executive to reply directly to the Deputy in respect of related expenditure by the Executive.

Hospital Services. 496. Deputy Sea´n Power asked the Minister for Health and Children the reason there are bed closures in St. Vincent’s Hospital, Athy, County Kildare; the action she will take to ensure that the beds are reopened as soon as is possible in view of the hardship and difficulties being experienced by staff, patients and their families. [31586/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply. 210 Questions— 16 September 2009. Written Answers

Nursing Homes Repayment Scheme. 497. Deputy John Browne asked the Minister for Health and Children the reason for the delay in awarding funding, due under the health repayment scheme, to a person (details supplied) in County Wexford. [31588/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Departmental Correspondence. 498. Deputy Brian Hayes asked the Minister for Health and Children the reason this Deputy has yet to receive a substantial reply to correspondence sent to her on 31 July 2009 concerning an issue (details supplied) which is yet to be clarified; and if she will make a statement on the matter. [31595/09]

Minister of State at the Department of Health and Children (Deputy Barry Andrews): A substantial reply to the correspondence sent by the Deputy (details supplied) on 31 July, 2009 has not issued because there is no record of the letter having been received by the Department on or after this date. This information has been communicated to the Deputy and arrangements are being made to have the letter resent and the query answered.

Health Services. 499. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children if eight home support hours weekly will be restored by the Health Service Executive to a person (details supplied) in County Kilkenny. [31597/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services. 500. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number of public hospital beds closed since 1 July 2009 and their locations; the number of wards so closed and their locations; the number of each which have been reopened since 1 September and their locations; and if she will make a statement on the matter. [31599/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Question No. 501 answered with Question No. 442.

Pharmacy Services. 502. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the number and location of special pharmacies put in place by the Health Service Executive as part of its contingency plan during the recent pharmacy dispute; the reason the HSE entered into contracts for such pharmacies in such a way that they remained in place after the dispute was over; the cost of these contracts, including the cost of security; and if she will make a statement on the matter. [31601/09]

211 Questions— 16 September 2009. Written Answers

507. Deputy Michael Ring asked the Minister for Health and Children the costs to the Health Service Executive and her Department of putting in place the community pharmacy centres during the pharmacy dispute; the number of staff deployed or employed for the running of these centres; the amount they were paid; the total costs involved; and if she will make a statement on the matter. [31617/09]

Minister for Health and Children (Deputy Mary Harney): I propose to take Questions Nos. 502 and 507 together. As this is a service matter it has been referred to the Health Service Executive for direct reply.

Departmental Expenditure. 503. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Health and Children the discussions she has had with the special group on public service numbers and expenditure programmes; the basis on which she called upon the Health Service Executive to identify some \800 million in cuts; the reply received by her from the HSE; and if she will make a statement on the matter. [31602/09]

Minister for Health and Children (Deputy Mary Harney): Planned expenditure levels for my Department will be considered as part of the Estimates and budgetary process for 2010. This will include consideration of the report of the Special Group on Public Service Numbers and Expenditure Programmes, and the decisions on all of the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Health Services. 504. Deputy Edward O’Keeffe asked the Minister for Health and Children the position regarding an application to the Health Service Executive south by a person (details supplied) in County Cork. [31612/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Nursing Homes Regulation. 505. Deputy Tom Hayes asked the Minister for Health and Children if a nursing home resident is liable for the Health Information and Quality Authority licensing fee of \190 per designated place; if a person on nursing home subvention or discretionary payment from the Health Service Executive is liable for the fee; and if she will make a statement on the matter. [31613/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): Under the Health Act, 2007, statutory responsibility is given to the Chief Inspector of Social Services, part of the Health Information and Quality Authority (HIQA) for inspecting and registering categories of centres, including nursing homes. HIQA commenced the new system of registration and inspection on July 1st, 2009. This has for the first time, introduced an independent system of inspection of both public and private nursing homes. It is important that this new inspection regime is effective, robust, independent and properly resourced. In this regard the 2007 Act provides for the following fees:

212 Questions— 16 September 2009. Written Answers

• Applications for registration or renewal of registration under Section 48. This section states that the applicant shall include with the application the prescribed application fee.

• An annual fee payable by the registered provider under Section 99

• A fee for variation or removal of any conditions of the registration under Section 52. A registered provider making an application under this section must include the fee with their application. Following analysis of the types of centres, numbers of places, etc. it was decided to set a registration fee of \500, payable every 3 years by each nursing home together with an annual fee of \190 per place in each registered centre. It is estimated that the fee will represent an average weekly cost of \3.73 per registered place. The fees are payable by the registered provider (or in the case of applications for registration by the applicant, who for existing designated centres would normally be the registered provider). These fees are not due or payable by the resident or their family. Article 8 of the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009 states that:

“(1) The registered provider shall agree a contract with the resident within one month of the admission of that resident to the designated centre.

(2) Such contract shall deal with the care and welfare of the resident in the designated centre and shall include details of the services to be provided for that resident and the fees to be charged.”

Therefore, only those fees, including any agreed increases, set out in the contract should be charged by the registered provider to the resident.

Pharmacy Services. 506. Deputy Michael Ring asked the Minister for Health and Children if, in view of the pharmacy dispute in August 2009, she had meetings with the pharmacy group since this dispute; if so, the number of meetings which have been held; if not, when she will have a meeting with it to discuss the ongoing issues; and if she will make a statement on the matter. [31616/09]

Minister for Health and Children (Deputy Mary Harney): The Irish Pharmacy Union wrote to me on 12 August 2009 seeking engagement on a range of issues. I intend to arrange such a meeting shortly.

Question No. 507 answered with Question No. 502.

Health Services. 508. Deputy Michael Ring asked the Minister for Health and Children, further to Parliamen- tary Question No. 211 of 30 June 2009, the reason a response has not issued from the Health Service Executive. [31620/09]

Minister for Health and Children (Deputy Mary Harney): I have referred the matter to the HSE for direct reply.

509. Deputy Michael Ring asked the Minister for Health and Children the care which has been proposed and provided for a person (details supplied) in County Mayo. [31621/09]

213 Questions— 16 September 2009. Written Answers

510. Deputy Finian McGrath asked the Minister for Health and Children if the case of a person (details supplied) in Dublin 5 will be supported. [31633/09]

511. Deputy Jimmy Deenihan asked the Minister for Health and Children when a decision will be made on an application by a person (details supplied) in County Kerry for the treatment abroad scheme; and if she will make a statement on the matter. [31635/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply

Medical Cards. 512. Deputy Frank Feighan asked the Minister for Health and Children when a decision will be made on an application for a general medical service card in respect of a person (details supplied) in County Roscommon. [31666/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

513. Deputy Paul Connaughton asked the Minister for Health and Children when a decision will be made on an over 70s medical card review in the case of persons (details supplied) in County Galway; and if she will make a statement on the matter. [31672/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Services for People with Disabilities. 514. Deputy David Stanton asked the Minister for Health and Children, further to Parliamen- tary Questions Nos. 313 and 314 of 31 January 2006, the number of court actions regarding the provision of resources, such as speech and language therapy, occupational therapy and psychological services relating to primary and post-primary school students with special needs, in which her Department has been involved each year from 2006 to date in 2009; the number of same which progressed to hearing stage; the number of cases that resulted in the provision by her of the resources sought by the plaintiffs; the costs which were incurred by her in responding to these courts actions; and if she will make a statement on the matter. [31697/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): Details relating to 142 special education needs cases involving my Department from 2000 to the end of 2005 were included in response to Parliamentary Question Nos. 313 and 314 of 31 January 2006. Since 2006, 14 further cases (11 Judicial Review cases and 3 Plenary cases) relating to special education needs were commenced against the Minister for Health and Children. These cases are broken down as follows:

214 Questions— 16 September 2009. Written Answers

• 2006: 9 cases (8 Judicial Review, 1 Plenary)

• 2007: 4 cases (3 Judicial Review, 1 Plenary)

• 2008: 1 case (Plenary)

• 2009: 0.

In the period from 2006 to date, one special education needs case, which commenced in 2004, was the subject of a High Court adjudication (in 2007). In that case, the claims against my Department and the Department of Education and Science were dismissed. Such cases are, in the main, taken against the Department of Education and Science and allege a failure on behalf of the State to provide for an appropriate education as provided for in the Constitution. Education and health-related educational supports are provided by the education sector and by the Health Service Executive, respectively. My Department is involved due to its role in the formulation and development of policy in respect of the provision of healthcare and support services. Since 2006, my Department has also contributed towards the settlement of a total of 41 special education needs cases (22 Judicial Review, 19 Plenary) which were initiated prior to 2006. The cost to my Department, excluding the costs of the State defence which is borne by the Office of the Chief State Solicitor, in each of the years since 2006 was as follows:

2006 2007 2008 2009 (to date)

JR Settlements 228,518.75 195,002.74 171,621.74 26,736.74 JR Legal Costs 81,157.77 27,198.26 231,802.33 45,318.10 Plenary Settlements 47,219.99 32,187.50 16,013.03 1,203.09 Plenary Costs 351,815.75 335,662.27 422,700.70 68,787.10

Total 708,712.26 590,050.77 842,137.80 142,045.03

In addition, a reimbursement of \597,461.36 was paid in 2006 to the Department of Education and Science in respect of special education needs cases in which they had (prior to 2006) paid the full costs on behalf of the State. It should be noted that these figures do not include the costs of staff involved in responding to these cases.

Departmental Programmes. 515. Deputy David Stanton asked the Minister for Health and Children the cost in administering the cycle-to-work scheme in her Department in 2009; and if she will make a statement on the matter. [31714/09]

Minister for Health and Children (Deputy Mary Harney): There is no discernible cost to this Department’s vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme The total amount sanctioned to date by way of cycle purchases for staff of this Department is \10,603.21.

Mental Health Services. 516. Deputy Denis Naughten asked the Minister for Health and Children, further to 215 Questions— 16 September 2009. Written Answers

[Deputy Denis Naughten.] Parliamentary Question No. 209 of 28 April 2009, the number of such facilities inspected to date; the number to be inspected in the remaining part of 2009; and if she will make a statement on the matter. [31794/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): Under Section 51 of the Mental Health Act, 2001, the Inspector of Mental Health Services must visit and inspect every approved centre at least once in each year and may visit and inspect any other premises where mental health services are provided. There are currently sixty-four approved centres. The Inspectorate of Mental Health Services Business Plan for 2009 includes the inspection of 20 community facilities. To date in 2009, in addition to approved centres, the Inspectorate has inspected nine day hospitals within the mental health services and nine 24- hour community residences.

Departmental Reports. 517. Deputy Denis Naughten asked the Minister for Health and Children, further to Parliamentary Question No. 174 of 9 June 2009, if she has received a copy of the final report of the Health Service Executive funded adult day services review; if she will publish the report; the recommendations in this report, the steps that are to be taken to implement these recommendations as they apply to her Department; and if she will make a statement on the matter. [31795/09]

Minister of State at the Department of Health and Children (Deputy John Moloney): I have not received the final copy of the National Review of HSE Funded Adult Day Services. I understand that the National Review of HSE Funded Adult Day Services has now been completed and the report from the National Working Group — New Directions, Personal Support Services for Adults with Disabilities, is being considered internally by the relevant HSE functions. As I have not received a copy of the final report, it is not possible for me to comment, at this time, on the recommendations or their implementation.

Health Service Staff. 518. Deputy Sea´n Sherlock asked the Minister for Health and Children when additional whole time equivalent consultants will be appointed to Cork University Maternity Hospital, which is currently operating with 11.5 consultants in view of the fact that the facility is under- staffed; and if she will make a statement on the matter. [31809/09]

519. Deputy Sea´n Sherlock asked the Minister for Health and Children if there are plans to appoint additional midwifery staff to Cork University Maternity Hospital in view of the fact that the number of births is expected to reach 9,000 by the end of 2009; and if she will make a statement on the matter. [31810/09]

521. Deputy Sea´n Sherlock asked the Minister for Health and Children the level of administrative staffing at Cork University Maternity Hospital compared to when the new maternity wing first opened in 2007; and if she will make a statement on the matter. [31812/09]

Minister for Health and Children (Deputy Mary Harney): I propose to answer Questions Nos. 518, 519 and 521 together. As these are service matters, they have been referred to the HSE for direct reply.

216 Questions— 16 September 2009. Written Answers

Hospital Waiting Lists. 520. Deputy Sea´n Sherlock asked the Minister for Health and Children the waiting period for the first prenatal appointment for expectant mothers at Cork University Hospital; and if she will make a statement on the matter. [31811/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter, it has been referred to the HSE for direct reply.

Question No. 521 answered with Question No. 518.

Health Services. 522. Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) in Dublin 3 will be supported. [31814/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Nursing Homes Support Scheme. 523. Deputy Finian McGrath asked the Minister for Health and Children if a person (details supplied) will be supported. [31815/09]

Minister of State at the Department of the Health and Children (Deputy A´ ine Brady): The Nursing Homes Support Scheme Act 2009 was signed into law by the President on the 1st July. Certain sections of the Act were commenced on the 3rd July to enable the National Treatment Purchase Fund to immediately begin price negotiations with private nursing homes. The Mini- ster intends to implement the scheme once these negotiations are concluded and no later than the final quarter of this year. Once the scheme is operational, individuals may apply through their local Nursing Home Support Office. Applicants to the scheme must undergo a care needs assessment to determine whether they need nursing home care and a financial assessment to determine their ability to contribute towards their own care. Applicants who are already in a nursing home prior to the commencement of the scheme do not need to undergo the care needs assessment, instead they can proceed directly to the financial assessment. Under the new scheme, individuals will contribute 80% of their assessable income and 5% of the value of any assets in excess of the asset disregard per annum. The asset disregard is the amount of a person’s assets that is totally excluded from the financial assessment. The asset disregard is \36,000 for an individual or \72,000 for a couple. Where a person’s assets include land and property, the 5% contribution based on such assets may be deferred and can be collected from their estate. This is an optional element of the scheme called “Ancillary State support”. A person’s principal residence will only be included in the financial assessment for the first 3 years of their time in care. This is known as the 15% or ‘three year’ cap. It means that individuals will pay a 5% contribution based on the value of their principal residence for a maximum of three years regardless of the time they spend in nursing home care. After 3 years, even if they are still getting long-term nursing home care, they will not pay any further contribution based on the principal residence. This ‘three year’ cap applies regardless of whether individuals choose to opt for Ancillary State support or not. In the case of a couple, the contribution based on the principal residence will be capped at 7.5% where one partner remains in the home while the other enters long-term residential care. The ‘three year’ cap will also extend to farms and business in certain circumstances.

217 Questions— 16 September 2009. Written Answers

[Deputy A´ ine Brady.]

If there is a partner or certain dependants living in the principal residence, the repayment of contributions may be further deferred for their lifetime. Finally, there are important safeguards built in to the Financial Assessment which are worth noting.

• Nobody will pay more than the actual cost of care.

• Individuals will keep a personal allowance of 20% of their income or 20% of the maximum rate of the State Pension (non-Contributory), whichever is the greater.

• If there is a spouse/partner remaining at home, he/she will be left with 50% of the couple’s income or the maximum rate of the State Pension (non-Contributory), whichever is the greater.

• The facility must be able to cater for their particular needs, and

• The facility must have a place for them.

Health Services. 524. Deputy Finian McGrath asked the Minister for Health and Children if a matter (details supplied) will be supported. [31816/09]

Minister for Health and Children (Deputy Mary Harney): As this is a service matter it has been referred to the HSE for direct reply.

Ministerial Expenses. 525. Deputy George Lee asked the Minister for Health and Children the amount that has been claimed in expenses by each Minister and Minister of State in her Department from 1997 to 2008; the reasons these expenses were claimed; and if she will make a statement on the matter. [31948/09]

Minister for Health and Children (Deputy Mary Harney): The amount claimed in expenses by each Minister and Minister of State at the Department of Health and Children during the period 1997 to 2008 is set out in the table below.

218 Questions— 16 September 2009. Written Answers

Period Covered Amount \

Mary Harney T.D. 2004-2008 18,921 Michea´l Martin T.D. 2000-2004 4,883 Brian Cowen T.D. 1997-2000 3,538 Michael Noonan T.D. 1997-1998 133 Barry Andrews T.D. 2008 413 Brendan Smith T.D. 2007-2008 986 Brian Lenihan T.D. 2002-2007 111,021 Mary Hanafin T.D. 2000-2003 52,113 Austin Currie T.D. 1997-1998 19,268 John Moloney T.D. 2008 17,655 Pat ‘The Cope’ Gallagher T.D. 2007-2008 62,114 Dr Jimmy Devins T.D. 2007-2008 37,120 Ma´ire Hoctor T.D. 2007-2008 15,945 Sea´n Power T.D. 2004-2007 124,761 Tim O’Malley T.D. 2002-2007 167,223 Ivor Callely T.D. 2002-2004 89,792 Dr Tom Moffatt T.D. 1997-2003 169,889 Frank Fahey T.D. 1997-2001 102,687 Brian O’Shea T.D. 1997-1998 12,872

Road Traffic Regulations. 526. Deputy John Deasy asked the Minister for Transport the steps he will take to deal with noise pollution emanating from private vehicles with modified engines and exhaust systems; and if he will make a statement on the matter. [30106/09]

Minister for Transport (Deputy Noel Dempsey): It is already a requirement for the registration and entry into service of new motor vehicles in the European Union that they have type-approval in accordance with Directive 70/157/EEC, as amended, which sets down the permissible sound levels and exhaust systems for motor vehicles. In-service vehicle standards are specified in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, which require vehicles to be fitted with a silencer or other device to reduce to a reasonable level the noise caused by the escape of exhaust gases from the engine. Article 85 of these regulations prohibits the use in a public place of a vehicle which causes excessive noise. I have recently accepted proposals from the Road Safety to make changes to the NCT, to include a test of vehicle exhaust noise, and expect to make the necessary Regulations later this year.

Regional Road Network. 527. Deputy James Bannon asked the Minister for Transport if he has made provision for the full cost of the realignment work on Garrycastle Bridge in Athlone, County Westmeath which is due to commence in 2010. [30227/09]

Minister for Transport (Deputy Noel Dempsey): The improvement and maintenance of regional and local roads, including bridges, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on 219 Questions— 16 September 2009. Written Answers

[Deputy Noel Dempsey.] such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. Earlier this year, a specific improvement grant of \600,000 was allocated to Westmeath County Council for works at Garrycastle Bridge. Last month my Department sought applications for funding under the Specific Improvement Grants scheme in 2010. It is now a matter for Westmeath County Council to continue to prioritise this project for funding.

Rural Transport Services. 528. Deputy Paul Connaughton asked the Minister for Transport the reason the rural transport programme is being abolished; if his attention has been drawn to the valuable service it provides to many elderly people living in rural areas; and if he will make a statement on the matter. [31671/09]

564. Deputy Sea´n Sherlock asked the Minister for Transport if there are plans to enhance the rural transport scheme as administered through development agencies; and if he will make a statement on the matter. [31205/09]

567. Deputy Denis Naughten asked the Minister for Transport the steps he will take to protect rural transport services in view of the recent publication by the Central Statistics Office; and if he will make a statement on the matter. [31380/09]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 528, 564 and 567 together. As you are aware, the Minister for Finance, Mr Brian Lenihan T.D., established a Special Group on Public Service Numbers and Expenditure Programmes, under the chairmanship of Mr. Colm McCarthy, to examine the current expenditure programmes in each Government Department and to make recommendations for reducing public service numbers so as to ensure a return to sustainable public finances. In July 2009, the Minister for Finance received the Special Group’s report and brought it to Government, and the Report was published in full. Among other things, the report recommends the abolition of the Rural Transport Programme. The Government will be reflecting on the Report’s recommendations over the months ahead. Decisions on implementation will rest with the Government and Da´il E´ ireann, including in the context of preparing the Budget for 2010 and later years. The Government has referred the Report for analysis and comment by the Oireachtas Committee on Finance and General Affairs prior to the Budget in December.

EU Surveys. 529. Deputy John O’Mahony asked the Minister for Transport if he has received a cost- benefit analysis from the European Commission proving the benefits of the eCall system if applied here; if he will clarify if this study is at odds with an internal study carried out previously by him; and if he will make a statement on the matter. [30128/09]

549. Deputy John O’Mahony asked the Minister for Transport if he has received a cost- benefit analysis from the European Commission proving the benefits of the eCall system if applied here; if this study is at variance with an internal study carried out previously by him; and if he will make a statement on the matter. [30786/09]

220 Questions— 16 September 2009. Written Answers

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 529 and 549 together. I have not received a cost benefit analysis from the European Commission in regard to eCall. I understand that an impact assessment on eCall, being undertaken under the auspices of the Commission, is not completed yet.

Public Transport. 530. Deputy Fergus O’Dowd asked the Minister for Transport if his attention has been drawn to the proposal by Bus E´ ireann to abolish, or reduce frequency of, approximately 50 of its routes as part of its cost recovery programme; if these routes are subvented by the State; if such funding will be returned to the Exchequer; the amount of such funding; and if he will make a statement on the matter. [30265/09]

Minister for Transport (Deputy Noel Dempsey): I have been briefed on Bus Eireann’s plan. The Company is currently pursuing a cost recovery plan to deal with the company’s growing operating deficit arising from cost pressures and changes in passenger demand. This is after account is taken of a subvention grant of \45m in 2009 towards loss making services. The plan is the subject of discussion between Bus E´ ireann and its unions. I understand that some of the routes affected are PSO routes which are loss making.

Departmental Reports. 531. Deputy Fergus O’Dowd asked the Minister for Transport his views on the report on his Department by An Bord Snip Nua; and if he will make a statement on the matter. [30266/09]

Minister for Transport (Deputy Noel Dempsey): As the Deputy is aware, the mandate of the Special Group on Public Service Numbers and Expenditure Programmes was to examine all current expenditure programmes across all Government Departments and agencies to see where expenditure and staff savings might be made, as necessary, in the current difficult economic climate so as to ensure a return to sustainable public finances. The Special Group’s report highlights some difficult policy options facing us in the period ahead. The report will be considered as part of the Estimates and budgetary process for 2010 and decisions on its recommendations and the issues arising will be a matter for the Government. It would not be appropriate for me to comment further at this stage on the individual recommendations pending the outcome of these deliberative processes.

Public Transport. 532. Deputy Fergus O’Dowd asked the Minister for Transport if he has had discussion with Bus E´ ireann regarding the recent proposal from An Bord Snip Nua in relation to the sale of the Expressway arm of Bus E´ ireann; and if he will make a statement on the matter. [30267/09]

Minister for Transport (Deputy Noel Dempsey): In recent days Bus E´ ireann has provided my Department with its comments on the recommendation in the Special Group’s Report on the sale of Bus E´ ireann. As I indicated in a separate reply today, the Special Group’s recommendation will be considered as part of the budgetary process for 2010 and it would not be appropriate, for me to comment on any particular recommendation at this stage.

Driving Licences. 533. Deputy Catherine Byrne asked the Minister for Transport the rules governing foreign

221 Questions— 16 September 2009. Written Answers

[Deputy Catherine Byrne.] driving licences here; if a person holding a foreign licence can exchange it for an Irish drivers licence; and if he will make a statement on the matter. [30327/09]

Minister for Transport (Deputy Noel Dempsey): Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) this is a matter for the Road Safety Authority.

Public Transport. 534. Deputy Charlie O’Connor asked the Minister for Transport his plans to ensure the introduction of an integrated ticketing system for Luas and bus services in the Dublin region; and if he will make a statement on the matter. [30343/09]

Minister for Transport (Deputy Noel Dempsey): The integrated ticketing system in the Greater Dublin Area (GDA) is being introduced on a phased basis, based on smartcard technology. A progressive approach is being adopted to allow customers to familiarise themselves with using the new system and to permit transport operators to undertake the necessary testing with the integration of the technologies involved. The project is now firmly in the implementation phase. A smartcard for Luas services has been available on all Luas services for some time. Smart- cards have also been introduced by Dublin Bus in respect of a number of ticket products such as annual and monthly tickets and 5-day rambler tickets. There are also annual and monthly integrated bus and rail, and bus and Luas smartcard tickets. The smartcard is now being used by some 30% of Dublin Bus customers. Subject to successful in-house testing, the single smartcard will be rolled out initially to a small number of Dublin Bus testers for live consumer testing of the Dublin Bus/Luas integrated annual ticket, and then to a small number of customers, in early 2010. The smartcards will have electronic purse “pay-as-you-go” capability which will be switched on later in 2010. The single smartcard will continue to be rolled out on Dublin Bus and Luas throughout 2010, so that by end 2010 the pay-as-you-go option will be available to all Dublin Bus and Luas passengers in the GDA. Further Dublin Bus and Luas ticket products will be released on the smartcard in early 2011. Iarnro´ d Eireann is currently progressing with its plans to introduce an interim smartcard scheme. Stations have been fitted with smartcard readers and the system is currently being tested in advance of launch to the public. Bus E´ ireann will commence testing in 2010 with roll- out of its pilot phase planned for early 2011 on a number of its services. The company will then evaluate the feasibility of extending the scheme to include its whole network in the GDA. Private bus operators are also participating in the development of the scheme and it is anticipated that a number of these operators, along with Irish Rail Dart and Commuter services, will join the scheme over this timeframe.

535. Deputy Charlie O’Connor asked the Minister for Transport the position regarding the extension of the Luas line from Tallaght; the schedule of same; and if he will make a statement on the matter. [30344/09]

Minister for Transport (Deputy Noel Dempsey): I understand from the RPA that construction work on the new Luas spur from Belgard to Citywest and Saggart (4.2km) commenced earlier this year and is expected to be completed by end 2010 with services operating on the line in early 2011.

222 Questions— 16 September 2009. Written Answers

National Cycle Manual. 536. Deputy Ciara´n Cuffe asked the Minister for Transport when he will publish the draft national guidelines for a cycle design manual; if a consultation process will be undertaken; if so, the form it will take; when it will take place; when the final manual will be published; and if he will make a statement on the matter. [30371/09]

Minister for Transport (Deputy Noel Dempsey): Work is at an advanced stage on the drafting, by the Dublin Transportation Office, of the National Cycle Manual 2009. While an initial draft has been circulated to city and county councils, a number of Departments (including my own) and other agencies, I understand from the Dublin Transportation Office, that a wider consultation to include the cycling community will commence in late October. The intention is finalise and publish the manual before the end of this year.

Air Services. 537. Deputy Olivia Mitchell asked the Minister for Transport the average subsidy per passenger in 2008 on all Irish air routes subject to a subsidised public service obligation in view of An Board Snip Nua recommendations; and if he will make a statement on the matter. [30458/09]

Minister for Transport (Deputy Noel Dempsey): Under EU Council Regulation 2408/92, my Department provides compensation to contracted regional air carriers for the operation of air services under the Public Service Obligation (PSO) regime between Dublin and Galway, Kerry, Knock, Sligo, Donegal and City of Derry regional airports. The services for Sligo/Donegal and Knock/Derry are provided under combined contracts. The contracts are fixed price contracts for each route or route combination and are not based on the number of passengers travelling. However, I can advise the Deputy that just over 284,000 passengers were carried on the PSO routes in 2008 and the average cost per passenger was 50 Euro. This figure is based on the contracted costs for year 1 of the 2008-2011 contracts (i.e. 22nd July 2008 to 21st July 2009) and the total passenger numbers for the 2008 calendar year.

Public Transport. 538. Deputy Olivia Mitchell asked the Minister for Transport the requirement for accessibility on CIE´ tour buses, private Irish tour buses and non-Irish licensed buses; and if he will make a statement on the matter. [30472/09]

Minister for Transport (Deputy Noel Dempsey): As set out in my Department’s Sectoral Plan under the Disability Act 2005, the Department of Transport’s Guidelines for the Consider- ation of Passenger Road Licence Applications under the Road Transport Act 1932 encourage all licence holders to use accessible vehicles. In addition, section 48 of the Dublin Transport Authority Act 2008 sets out how bus services are to be procured under the Act from Bus E´ ireann, Dublin Bus and private operators and the main provisions that are to be included in related contracts. These include a requirement to provide for accessibility standards for the services in question. Furthermore, under section 13 of the recently published Public Transport Regulation Bill 2009, the National Transport Authority authority will be empowered to impose accessibility conditions on the grant of bus route licences. However, while this regulatory regime will empower the Authority to impose accessibility standards, the coach manufacturing industry in Europe has only in the last two years begun to produce accessible coaches drawing on research commissioned by the European Commission in this area. There is no EU obligation which requires the use of accessible coaches and the number manufactured to date is still quite small relative to the total number of coaches in use. On the

223 Questions— 16 September 2009. Written Answers

[Deputy Noel Dempsey.] enactment of the Public Transport Regulation Bill, this matter will fall to be considered by the Authority, while ensuring that there is no barrier to the free movement of vehicles.

Air Services. 539. Deputy Pat Breen asked the Minister for Transport, further to Parliamentary Question No. 267 of 8 July 2009, his views on the failure of Aer Lingus to sign up to new US preclearance facilities at Shannon; if he has held discussions with the airline in relation to this matter; if he will report on these discussions; and if he will make a statement on the matter. [30497/09]

551. Deputy Joe Carey asked the Minister for Transport his views regarding the non-usage of the new full US customs and border protection facility at Shannon Airport by Aer Lingus; the actions he has taken to address this situation; and if he will make a statement on the matter. [30830/09]

552. Deputy Joe Carey asked the Minister for Transport the additional resources that have been given to Shannon Airport authorities in order to market the new full US customs and border protection facility at Shannon Airport; and if he will make a statement on the matter. [30831/09]

Minister for Transport (Deputy Noel Dempsey): I propose to answer Questions Nos. 539, 551 and 552 together. Given the very significant investment involved in the construction of the preclearance facility at Shannon, I would hope that as many flights as possible would use the preclearance services there. However, I understand that Aer Lingus would face severe logistical difficulties in U.S. airports in a situation where their ex-Shannon flights would be precleared and their ex-Dublin flights would not. Preclearance will not be available at Dublin Airport until Terminal Two is operational in 2010. Accordingly I understand that the airline has taken a decision to postpone using preclearance for their U.S.-bound flights until the service is available both in Dublin and Shannon. Responsibility for marketing preclearance facilities at Shannon Airport is a matter for the Shannon Airport Authority.

State Airports. 540. Deputy Pat Breen asked the Minister for Transport his proposals for the restructuring of the airport boards at Cork and Shannon Airports; his plans to abolish these boards; and if he will make a statement on the matter. [30498/09]

Minister for Transport (Deputy Noel Dempsey): In December last, following the recommendations of the boards of the three State Airport Authorities, I announced the deferral until 2011 of a decision on the separation of the Airports under the State Airports Act, 2004 given the current very difficult circumstances in the aviation sector. I took the view at the time that it would be best to provide a reasonable period of time to enable the boards and management of these airports to address the very significant challenges facing the aviation market. New governance arrangements, which have now been agreed by the three Airport Authorities, will provide an opportunity for Cork and Shannon Airport to realise the potential provided by the very substantial investment in the airports in recent years. Given the agreement to defer a decision on final separation until 2011 the boards will stay in place until that decision is finalised.

224 Questions— 16 September 2009. Written Answers

Road Safety. 541. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Transport his views on the proposal by the Road Safety Authority to introduce night time curfews for young learner drivers; his further views on whether it would be constitutional to introduce same for young learner drivers under 25 years and not learner drivers over 25 years; and if he will make a statement on the matter. [30530/09]

542. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Transport his views on the proposal by the Road Safety Authority to introduce night time curfews for young learner drivers; his further views on whether such a proposal could only be considered in the context of exemptions for work, education and other purposeful, non-recreational driving as recommended by the OECD; and if he will make a statement on the matter. [30531/09]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 541 and 542 together. The Road Safety Authority recently conducted a consultation process on a Graduated Driver Licensing System which could include a night time curfew for learner drivers. I will give careful consideration to whatever proposals are submitted to me in due course, on foot of this consultation process. As no proposals have as yet been submitted, it would be inappropriate for me to comment further.

Rail Safety. 543. Deputy Michael Kennedy asked the Minister for Transport his plans for a full investigation of the collapse of the railway bridge at Broadmeadows in Malahide; the arrangements to expedite repairs of the bridge on a 24 hours a day, seven days per week basis; the arrangements for future safety inspections by the Railway Safety Commission on all railway bridges; and if arrangements will be made to have the bridge heightened at Skerries to facilitate large trucks accessing the road way at this location instead of the current detour necessary via Rush. [30571/09]

546. Deputy Thomas P. Broughan asked the Minister for Transport if he has ordered a full audit of all railway tracks and infrastructure particularly in coastal areas following the recent collapse of the Broadmeadow railway viaduct in north Dublin; and if he will make a statement on the matter. [30682/09]

Minister for Transport (Deputy Noel Dempsey): I propose to answer Questions Nos. 543 and 546 together. In accordance with section 58 of the Railway Safety Act 2005, the Railway Accident Investi- gation Unit (RAIU) is now investigating all aspects of the cause of the collapse of the Malahide viaduct. The RAIU is obliged, other than in exceptional circumstances, to issue a report no later than 12 months after the date of occurrence of the incident but will, I expect, do so as expeditiously as possible. In addition, as provided for under Section 53 of the Railway Safety Act 2005, Irish Rail is undertaking an investigation of the collapse. In this context, I understand that the Chairman of CIE & Irish Rail has set up a Board Sub-Committee, chaired by a member of the Board, to oversee this internal Irish Rail investigation, which will be supported by independent advisers. The report of the Irish Rail investigation including all records and data will be made available to the Railway Accident Investigation Unit and the Railway Safety Commission (RSC).

225 Questions— 16 September 2009. Written Answers

[Deputy Noel Dempsey.]

In the meantime, I understand that design work for the reconstruction of the viaduct has already commenced. When completed the designs will be subject to a thorough and independent review by Irish Rail’s advisors and by the Railway Safety Commission. I am informed that Irish Rail is aiming to have the viaduct reopened for rail services by late November 2009. As regards other bridge infrastructure, I understand that a team of Irish Rail engineers has already commenced a programme of inspections of all other Irish Rail bridges. The team is being supported by structural engineering consultants. Priority is being given to the inspection of other rail bridges over estuaries, lakes, rivers and canals which are susceptible to water scouring. Irish Rail has in place a safety regime of management systems, inspections regimes and audits, which has been accepted by the Railway Safety Commission. Alteration to the bridge at Skerries is a matter for Irish Rail.

Dublin Port Study. 544. Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [30653/09]

Minister for Transport (Deputy Noel Dempsey): The references in the attached information to the Dublin Port Study published in August, and available on my Department’s website, are accurate. In relation to Dublin Port Company’s planning application the Minister for Transport is a “prescribed body” for such an application and I was duly consulted on the application by An Bord Pleana´la. I have brought the recently published study to the attention of the Board.

State Airports. 545. Deputy Finian McGrath asked the Minister for Transport if he will support a matter (details supplied). [30654/09]

Minister for Transport (Deputy Noel Dempsey): I have noted the matters raised in the letter referred to by the Deputy. The position with regard to Terminal Two in Dublin Airport is that its construction is in accordance with Government policy on the strengthening of airport capacity. However, airport operational issues, such as the opening of the terminal, are the responsibility of the Dublin Airport Authority. In 2008, on the recommendation of the boards of the three State airport authorities I decided to postpone a decision on the separation of Cork and Shannon Airports, until 2011. I took the view at the time that it would be best to provide a reasonable period of time to enable the boards and management of these airports to address the very significant challenges facing the aviation market. Accordingly, my conclusion was that the continuation of these boards would be in the best interests of all three State airports until I am in a position to decide on the issue of airport separation under the State Airports Act 2004.

Question No. 546 answered with Question No. 543.

Parking Regulations. 547. Deputy Charles Flanagan asked the Minister for Transport the legal position in respect of preventing a motorist from removing their car from private property until after the payment of money to the clamping company in view of the clamping of wheels on motor vehicles station- ary in a public place; and if he will make a statement on the matter. [30764/09]

226 Questions— 16 September 2009. Written Answers

Minister for Transport (Deputy Noel Dempsey): I can only comment on the provisions of the Road Traffic Acts, which relate to vehicles illegally parked on public roads or in local authority car parks. Section 101(b) of the Road Traffic Act 1961, as amended, allows an authorised person to fix an immobilisation device (clamp) to a vehicle while it remains in the place where he finds it or to move it from that place to another place and fix an immobilisation device to it there, if the vehicle is parked in contravention of any prohibition or restriction under Sections 35, 36 and 36A of the Road Traffic Act 1994. Section 101(b) also sets out the conditions for removal of an immobilization device, generally following payment of the prescribed charge. The Road Traffic (Traffic and Parking) Regulations, 1997 to 2006 set out parking controls for the purposes of section 35. Parking controls for the purposes of sections 36 and 36A are set out in any bye-laws made by a local authority under those provisions. These regulations and bye-laws only apply in respect of vehicles illegally parked on public roads or in local authority car parks.

Planning Issues. 548. Deputy Joanna Tuffy asked the Minister for Transport the reason the plans for the deep water port are only available to view in Drogheda Garda station and in the presence of gardaı´ and cameras; the further reason it is not possible to copy information from the plans; the reason the plans were not made available to view for one week during the consultation period; the public consultation procedures in relation to these plans; and if he will make a statement on the matter. [30781/09]

550. Deputy Thomas P. Broughan asked the Minister for Transport the reason proposals for the alterations of the harbour limits of Drogheda Port Company, in relation to the proposed new deep water port of Bremore, are on display at the superintendent’s office at Drogheda Garda station; the arrangements that are in place for the general public to view and assess these proposals including the copying of relevant sections at Drogheda Garda station; and if he will make a statement on the matter. [30815/09]

561. Deputy Eamon Gilmore asked the Minister for Transport if his attention has been drawn to the fact that plans by Drogheda Port Authority for a new deep water port at Bremore have been made available for inspection only in the superintendent’s office at Drogheda Garda station, that plans can only be inspected in the presence of members of the Garda and that no copying or photocopying of these plans is permitted; his views on whether this meets the need of the public consultation process; and if he will make a statement on the matter. [30936/09]

571. Deputy Willie Penrose asked the Minister for Transport the reason that interested parties who wish to view the plans for the new deep water port prepared by the Drogheda Port Authority must do so at Drogheda Garda station, which only allows for a limited time, and whereby they are not allowed to make photocopies of any of the documents; the way same can constitute a legal public consultation; and if he will make a statement on the matter. [31791/09]

Minister for Transport (Deputy Noel Dempsey): I propose to answer Question Nos. 548, 550, 561 and 571 together. In July this year Drogheda Port Company made an application to me for a Ministerial Order to alter the company’s harbour limits, as provided for by section 9 of the Harbours Act 1996, as amended by section 3 of the Harbours (Amendment) Act 2009. A public consultation with

227 Questions— 16 September 2009. Written Answers

[Deputy Noel Dempsey.] respect of such orders is not a statutory requirement. However, such a public consultation was carried out prior to a previous alteration of the company’s harbour limits in 2004 and the company has conducted a similar consultation in this instance. The procedure by which the consultation document was made available for public viewing for 21 days at the local Garda Station is the same as that followed with regard to the previous proposed alteration of the harbour limits in 2004. The consultation period concluded on 9 September and the documentation has now been returned to me with a confirmation from the Gardaı´ that it was on public display from 19 August for a period of 21 days. I have received a number of submissions in response to the consultation and will give due consideration to these before making my decision. The proposed alteration of the harbour limits would extend them to the area around the proposed location for a new port at Bremore. However, a planning application for the new port has not been made as yet. Any such application would follow all the usual planning consultations.

Question No. 549 answered with Question No. 529.

Question No. 550 answered with Question No. 548.

Questions Nos. 551 and 552 answered with Question No. 539.

Regional Road Network. 553. Deputy Fergus O’Dowd asked the Minister for Transport the implications for his Department, local authorities and the National Roads Authority of his decision to transfer funding allocation responsibility for local and regional roads into the National Roads Authority; the steps he is putting in place to ensure transparency for future funding allocations; the assurances he will give local road authorities that their responsibility for the local road network will remain intact; and if he will make a statement on the matter. [30840/09]

568. Deputy Sea´n Sherlock asked the Minister for Transport his policy with regard to the transferring of responsibility for the administration of non-national road grants from individual local authorities to the National Roads Authority; and if he will make a statement on the matter. [31424/09]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 553 and 568 together. The improvement and maintenance of regional and local roads, including bridges, in its area, is a statutory function of each road authority in accordance with the provisions of section 13 of the Roads Act, 1993. Works on such roads are a matter for the relevant local authority to be funded from its own resources supplemented by State road grants. The initial selection and prioritisation of projects to be funded is also a matter for the local authority. New arrangements for the management and administration of regional and local road grants were introduced on 1st September 2009. These arrangements were put in place on foot of the existing statutory framework which places responsibility for the improvement and maintenance of regional and local roads with local authorities. From 1st September, last, the National Roads Authority was tasked to undertake the management of the Regional and Local Roads Invest- ment Programme on behalf of my Department. The National Roads Authority will recommend

228 Questions— 16 September 2009. Written Answers grant allocations for regional and local roads for 2010 and subsequent years, which will be subject to final approval by the Minister for Transport. The 2010 grant allocations will be announced early in the New Year.

Public Transport. 554. Deputy Fergus O’Dowd asked the Minister for Transport his views on the recommendation in the Deloitte report on Dublin Bus that Dublin Bus has sufficient buses to meet demand in view of the decision of Dublin Bus to reduce fleet size by 120 buses since the publication of the report; and if he will make a statement on the matter. [30841/09]

555. Deputy Fergus O’Dowd asked the Minister for Transport the way the increase in the PSO payment from \16 million in 1999 to \80.6 million is accounted for in terms of annual inflation, increasing wage costs, increasing running costs and so on in view of the fact that by year end 2009 the number of buses in the Dublin Bus fleet will be nearly the same, after cutbacks, as the level in 2000; and if he will make a statement on the matter. [30842/09]

556. Deputy Fergus O’Dowd asked the Minister for Transport the amount of subvention that will be given to Dublin Bus in 2009; and if he will make a statement on the matter. [30843/09]

559. Deputy Fergus O’Dowd asked the Minister for Transport if PSO payments to State bus companies have been increased to compensate for the cancellation of the fuel rebate scheme; and if he will make a statement on the matter. [30846/09]

Minister for Transport (Deputy Noel Dempsey): I propose to answer Questions Nos. 554 to 556, inclusive, and 559 together. Dublin Bus have been allocated \82.4m in 2009 towards the cost of loss making economically and socially necessary services. The 2009 subvention to both Dublin Bus and Bus E´ ireann has not been increased to compensate for the withdrawal of the fuel duty rebate. The growth in the subvention paid to Dublin Bus over the period since 1999 reflects the growth in the number of services, particularly peak hour services provided, increased labour and fuel costs in particular and fare increases over that period. The decision by Dublin Bus as part of its cost recovery plan, to reorganise its network to reflect changes in demand, based on 120 fewer buses is consistent with the conclusions in the Deloitte Report. The Deloitte report concluded that the Dublin Bus fleet is adequate to meet current demand, and that fleet expansion was not an immediate issue. Instead the Deloitte report concluded that the focus should be on optimising the existing network and extracting full value from the existing fleet. I understand that Dublin Bus are taking account of the Deloitte findings in the redesign of the network.

Dublin Transport Authority. 557. Deputy Fergus O’Dowd asked the Minister for Transport if he has nominated an establishment date for the Dublin Transport Authority; and if he will make a statement on the matter. [30844/09]

558. Deputy Fergus O’Dowd asked the Minister for Transport the reason for the delay in establishing the Dublin Transport Authority; and if he will make a statement on the matter. [30845/09]

229 Questions— 16 September 2009. Written Answers

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 557 and 558 together. As I have indicated previously the Dublin Transport Authority will be established before the end of this year. I recently announced the appointment of Mr. John Fitzgerald as chairperson and Mr. Gerry Murphy as chief executive designate of the Authority. I will appoint the remaining members of the Authority in the near future.

Question No. 559 answered with Question No. 554.

Planning Issues. 560. Deputy Ruairı´ Quinn asked the Minister for Transport his views on whether Aer Rianta acted in full compliance with all planning laws with regard to lands (details supplied) in County Dublin during the 1990s; and if he will make a statement on the matter. [30858/09]

Minister for Transport (Deputy Noel Dempsey): I have no function in relation to the enforcement of planning laws. The Deputy will be aware that there is an ongoing legal action relating to lands at Harristown. Question No. 561 answered with Question No. 548.

Road Network. 562. Deputy Sea´n Sherlock asked the Minister for Transport his policy regarding the Atlantic corridor; and if he will make a statement on the matter. [30982/09]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads is a matter for the National Roads Authority under the Roads Act 1993 in conjunction with the local authorities concerned. The priority for the roads investment programme after the completion of the major interurban network will be the road schemes on the Atlantic Road Corri- dor as well as the improvement of other key national primary routes and the targeted improvement of certain national secondary routes. Progress on these and other road schemes must be viewed in the context of the challenging financial times ahead.

563. Deputy Sea´n Sherlock asked the Minister for Transport the communication he has had with the National Roads Authority with regard to the construction of the Atlantic corridor; if the plans for the route will be expedited within the current timeframe; and if he will make a statement on the matter. [30987/09]

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. The construction, improvement and maintenance of individual national roads projects, including the Atlantic Road Corridor, is a matter for the National Roads Authority (NRA) under the Roads Act, 1993, as amended by the Roads Act 2007, in conjunction with the local authorities concerned. I have had no specific communication with the NRA in relation to the development of the Atlantic Road Corridor. The priority for the roads investment programme after the completion of the major interurban network will be the road schemes on the Atlantic Road Corridor as well as the improvement of other key national primary routes and the targeted improvement of certain national

230 Questions— 16 September 2009. Written Answers secondary routes. Progress on these and other road schemes must be viewed in the context of the challenging financial times ahead.

Question No. 564 answered with Question No. 528.

Departmental Staff. 565. Deputy Niall Collins asked the Minister for Transport if civil servants from his Depart- ment who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31235/09]

Minister for Transport (Deputy Noel Dempsey): Civil servants from my Department who are members of boards of agencies, under the aegis of my Department, do not receive a fee, salary or remuneration in respect of such membership. Civil Servants who may be seconded to or employed by Agencies are remunerated in the normal way by reference to their grade.

Consumer Protection. 566. Deputy Olivia Mitchell asked the Minister for Transport if there has been consultation between himself and the European Commission in relation to the planned stakeholder consultation to be held in October 2009 with regard to the overhaul of consumer rights for holiday makers; his views on the planned overhaul; and if he will make a statement on the matter. [31244/09]

Minister for Transport (Deputy Noel Dempsey): The European Commissioner for Consumer Affairs recently announced that the European Commission is to seek to overhaul existing consumer protection legislation with a view to providing additional safeguards for people who book flights and accommodation over the Internet. Statutory responsibility for consumer protection in the travel industry in Ireland rests with the Commission for Aviation Regulation (CAR). A recent review of the travel trade regulations by CAR highlighted the need for reform of EU legislation in this area, as the existing regime no longer reflects the realities of the market place where an increasing number of holidaymakers are booking through online service providers who are not currently subject to the licensing and bonding requirements imposed on Travel Agents and Tour Operators. In that context, my Department and CAR will engage in the stakeholder consultation process when it is launched. My colleague, the Minister for Enterprise, Trade & Employment would also have an interest in terms of consumer protection policies generally.

Question No. 567 answered with Question No. 528.

Question No. 568 answered with Question No. 553.

Departmental Expenditure. 569. Deputy Damien English asked the Minister for Transport the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31584/09]

231 Questions— 16 September 2009. Written Answers

Minister for Transport (Deputy Noel Dempsey): The information requested by the Deputy is contained in the following table in respect of my Department.

2004 2005 2006 2007 To date in 2009

\2,351.56 \53 \284,682.62 \159,545.10 \109,615.05

Advertising or promotional programmes undertaken by agencies or bodies under the aegis of my Department are undertaken by them in the exercise of their statutory functions. This is a day to day matter for those bodies.

Departmental Programmes. 570. Deputy David Stanton asked the Minister for Transport the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31718/09]

Minister for Transport (Deputy Noel Dempsey): The total cost of administering the cycle to work scheme in my Department has been estimated at \3,000 for 2009.

Question No. 571 answered with Question No. 548.

Departmental Reports. 572. Deputy Denis Naughten asked the Minister for Transport, further to Parliamentary Question No. 341 of 9 June 2009, the position regarding the review taking place in his Depart- ment; and if he will make a statement on the matter. [31798/09]

Minister for Transport (Deputy Noel Dempsey): The review referred to previously is nearing completion within my Department, and I expect that both a report and recommendations for amendments to the scheme will be submitted for my approval shortly.

Ministerial Expenses. 573. Deputy George Lee asked the Minister for Transport the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31952/09]

Minister for Transport (Deputy Noel Dempsey): The Department of Transport was newly created in 2002. The amount claimed in expenses by each senior and junior Minister in the Department is set out in the table below.

Senior Minister Year Expenses claimed \

Ms. Mary O’Rourke, T.D. 2002 11,284 Mr. Seamus Brennan, T.D. 2003 22,552 Mr. Seamus Brennan, T.D. 2004 30,563 Mr. Martin Cullen, T.D. 2005 28,699 Mr. Martin Cullen, T.D. 2006 36,871 Mr. Martin Cullen, T.D. 2007 56,206 Mr. Noel Dempsey, T.D. 2007 6,695* Mr. Noel Dempsey, T.D. 2008 40,375 * Expenses paid in 2008 relating to 2007. 232 Questions— 16 September 2009. Written Answers

Junior Minister Year Expenses claimed \

Mr. James McDaid, T.D. 2002 30,678 Mr. Joseph Jacob, T.D. 2002 1,524 Mr. James McDaid, T.D. 2003 21,411 Mr. James McDaid, T.D. 2004 24,259 Mr. Ivor Callely, T.D. 2004 596 Mr. Ivor Callely, T.D. 2005 31,316 Mr. Pat Gallagher, T.D. 2006 22,860 Mr. Pat Gallagher, T.D. 2007 26,959 Mr. Noel Ahern, T.D. 2008 11,444

The reasons for the expenses claimed were: monthly Ministerial expenses (provided for in legislation); and travel and subsistence incurred while working on official Government business.

Tax Collection. 574. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform if it is possible to review and reduce the standard fees charged by Revenue sheriffs for the issuing of warrants and so on in view of the difficulties faced by many small businesses. [30967/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Sheriff’s fees and expenses are set out in Sheriff’s Fees and Expenses Order 2005 (S. I. No 644 of 2005). In setting the fees, consideration is given to the changes in the Consumer Price Index since the previous fees were set, along with the general costs of operating the service. The fees and expenses as they stand only apply where there has been a failure to make the necessary tax returns to the Revenue Commissioners. However, my Department is keeping the level of fees under active review.

Official Transport. 575. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of office holders, former and present, who have State cars with details of their names and so on. [30972/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Office holder cars are provided, pursuant to a long standing arrangement, for the President, Taoiseach, Ministers, Chief Whip, Ceann Comhairle, Minister of State for Children and Youth Affairs, Attorney General, Chief Justice, D.P.P.and former Taoisigh & Presidents. There are currently 26 office holders provided with official vehicles.

European Arrest Warrants. 576. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the reason suspects subject to European arrest warrants were released in 2008 due to processing delays; and if he will make a statement on the matter. [31688/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Three subjects of European Arrest Warrants were released in 2008 by order of the High Court because the issuing authority failed, in each case, to collect the subjects within the statutory time limit. There were no processing delays on the part of the Irish authorities in relation to the cases and, in each instance, the High Court had ordered surrender. 233 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.]

Under the provisions of the European Arrest Warrant Act 2003, as amended, a person, whose surrender has been ordered by the High Court, must be surrendered to the requesting state within 10 days from the date the Order takes effect. The Act provides for an extension of the time limit in certain circumstances. The courts in this jurisdiction have ruled that applications for such extensions must be made to the courts and that the issuing authorities must show good reason why it was not possible to collect the subject within the time limit. In each of the three cases in question, the Irish Central Authority for the European Arrest Warrant notified the issuing authorities of the Order for surrender and the time limit in accordance with standard procedures. In each case, the issuing authority was unable to collect the subject within the statutory time limit. Following legal proceedings in each case, the courts ordered release of the subjects on the grounds that the reasons advanced by the issuing authorities for failure to collect within the time-limit were not sufficient. As the Deputy will appreciate, the courts are, subject to the law and the Constitution, independent in the exercise of their functions and it is not open to me to make any comment in relation to these proceedings. However, I can say that the Central Authority has raised the issue of non-collection with the authorities of a particular Member State. In response, the authorities in the state concerned have assured the Irish authorities that subjects will be collected on time. The Central Authority will continue to monitor the situation and take action as appropriate.

Deportation Orders. 577. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform his plans to review deportation procedures; and if he will make a statement on the matter. [31689/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Where an asylum application is made by a non-Irish national it is considered by the Office of the Refugee Appli- cations Commissioner and, in the event of an appeal, by the Refugee Appeals Tribunal. In the event of negative recommendations from both agencies, or in the case of any third country national found to be illegally present in the State, a notice of intent to deport under section 3(3)(a) of the Immigration Act, 1999 is served on the person concerned which affords him/her an opportunity to avail of any one of three specified options. These three options are a) to leave the State voluntarily, b) to consent to the making of a Deportation Order, c) to make representations in writing within 15 working days setting out reasons as to why a Deportation Order should not be made and why temporary Leave to Remain in the State be granted instead. In the case of refused asylum applicants a fourth option is available d) to apply for Subsidiary Protection. In determining whether to make a deportation order or grant temporary leave to remain in the State, I must have regard to the eleven factors set out in Section 3(6) of the Immigration Act, 1999, as amended, and Section 5 (prohibition of refoulement) of the Refugee Act, 1996, as amended. Temporary leave to remain is considered in every case regardless of whether representations are made by, or on behalf of, the persons concerned. The Deputy might wish to note that, in addition to the eleven factors contained in Section 3(6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard to Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before making a Deportation Order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom

234 Questions— 16 September 2009. Written Answers of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. Each asylum application received is considered on the basis of the facts, individual circumstances and merits of the case presented and a final decision is reached following a comprehensive examination and investigation of these facts, merits and circumstances taking full account of the political and human rights conditions prevailing in the person’s country of return and the latest reports of the United Nations High Commission for Refugees. In the event that temporary leave to remain in the State is refused by me, and I sign a Deportation Order, notice of such an order is then served either by registered post, or by hand, requiring the person concerned to present himself/herself to the Garda National Immigration Bureau (GNIB) on a specified date in order to make travel arrangements for his/her deportation from the State. The enforcement of each deportation order is an operational matter for GNIB. Finally, the Deputy will be aware that the enactment of the Immigration, Residence and Protection Bill 2008 will be a key measure for achieving efficiencies in the asylum applications processing system itself and in establishing a more effective and streamlined removal process, as set out in Part 6 of the Bill.

Asylum Applications. 578. Deputy Mary O’Rourke asked the Minister for Justice, Equality and Law Reform if he will review the case of persons (details supplied) in County Westmeath. [30088/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There is currently no application pending in my Department for leave to remain in the case of the persons whose details were supplied. If an application for asylum has been made by the persons concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

579. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency on humanitarian grounds in the case of a person (details supplied) in County Cork. [30119/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 23 November 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner. The person concerned was advised of his entitlement to appeal this determination to the Refugee Appeals Tribunal but he did not do so. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24 June 2008, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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 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

235 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned. The Deputy might also wish to note that, on 15 July 2008, the person concerned, through his legal representative, sought to be re-admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refugee Act 1996 (as amended). This application was refused and the person concerned was notified of the refusal decision by letter dated 29 August 2008.

Citizenship Applications. 580. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the status of an application in respect of a person (details supplied) in County Clare; and if he will make a statement on the matter. [30132/09]

628. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the position regarding an application for a person (details supplied) in County Clare; and if he will make a statement on the matter. [30757/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 580 and 628 together. There is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s Question. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

581. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the status of an application in respect of persons (details supplied); and if he will make a statement on the matter. [30138/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Applications for certificates of naturalisation from the persons referred to in the Deputy’s Question were received in the Citizenship Division of my Department in February 2007. Both files were recently submitted to me for a decision and I have decided to defer making any final decision on both applications for a period of 18 months until January 2011. The persons concerned were notified of this and the reasons for it in letters issued on 2 September, 2009.

Immigration and Asylum Issues. 582. Deputy Aengus O´ Snodaigh asked the Minister for Justice, Equality and Law Reform the increase in numbers of migrants registered with the Garda National Immigration Bureau in the past ten years; the number of deportations broken down according to failed asylum seekers or Dublin II and undocumented migrants; the revenue generated from the introduction of registration fees at GNIB and the increase in citizenship fees; the number of persons refused leave to land at Dublin Airport in the past five years; and the protocols or modus operandi followed by the immigration officers. [30193/09]

236 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of persons recorded on the register of non-nationals maintained by An Garda Sı´ocha´na, in accordance with the provisions of Section 9 of Immigration Act, 2004, at end of each of the past ten years and the number of persons refused leave to land at Dublin Airport in each of the past five years is as follows:

Year Registered Refused Leave to land

1999 17,064 n/a 2000 26,644 n/a 2001 56,510 n/a 2002 93,546 n/a 2003 127,956 n/a 2004 133,957 3,183 2005 135,258 2,644 2006 144,090 3,437 2007 155,253 4,515 2008 164,344 3,777 2009 n/a 1,692 (31 July)

Provision is made at section 4, Immigration Act, 2004 for an Immigration Officer to authorise a non-national to land in the State. However circumstances are provided, at section 4(3)(a) to (k) under which an Immigration Officer may, on behalf of the Minister, refuse to give a person a permission to land in the State. In performing his or her functions in this regard, an immigration officer is obliged, pursuant to the provisions of the Act, to have regard to all the circumstances of the non-national concerned known to the officer or represented to the officer by him or her. Every person landing in the State is obliged, pursuant to the provisions of section 11(2) of Immigration Act, 2004, to furnish to an immigration officer such information, in such manner as an immigration officer may reasonably require, for the purposes of the performance of his or her functions. The number of deportations, broken down according to failed asylum seekers, non asylum seekers and Dublin II Transfers, is as follows:

Year Failed Asylum Non Asylum Total

1999 6 0 6 2000 172 16 188 2001 310 55 365 2002 417 101 518 2003 431 160 591 2004 494 104 598 2005 335 60 395 2006 241 60 301 2007 103 36 139 2008 129 32 161

237 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.]

Year DII Transfers

2004 64 2005 209 2006 294 2007 225 2008 271

In May 2006, a fee of \100 was introduced for the issue of registration cards to non-nationals. That fee was revised to \150 in August 2008. A total of \37,574,700 has been received up to 31 August 2009. On 1 August 2008, the fees for certificates of naturalisation were revised to \200 for minors and widows/widowers of Irish citizens and \950 in respect of all other applicants. A total of \1,077,010.22 in additional revenue has been received to date as a result of the introduction of the revised fees.

583. Deputy Michael Creed asked the Minister for Justice, Equality and Law Reform the number of applications received for subsidiary protection here in accordance with the Euro- pean Communities (Eligibility for Protection) Regulations 2006 — Statutory Instrument No. 518 of 2006; the number of applications that have been successful in this regard; the consequences for the applicant if such an application is refused; the timeframe for considering such applications; and if he will make a statement on the matter. [30219/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Deputy might wish to note that the European Communities (Eligibility for Protection) Regulations 2006 (Statutory Instrument No. 518 of 2006), in force since 10 October 2006, are directly applicable to persons who have been formally refused a declaration of refugee status by the Minister for Justice, Equality and Law Reform. Such persons are advised, in writing, of their entitlement to make an application for Subsidiary Protection in the State at the same time as they are being advised of the formal refusal of their asylum application. Any Subsidiary Protection application made is considered in strict accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. In the event that an application for Subsidiary Protection in the State is refused, the position in the State of the unsuccessful applicant is then determined by reference to the provisions of Section 3 of the Immigration Act, 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) on the prohibition of refoulement. At this point a decision is made as to whether that person should become the subject of a Deportation Order or if, instead, they should be granted leave to remain in the State. It is not possible to provide a specific indication for the timeframe within which applications for Subsidiary Protection are determined. This is primarily because no two applications will be the same in terms of their complexity. However, the average processing time (Subsidiary Pro- tection application date to Subsidiary Protection decision date) for Subsidiary Protection decisions made in 2009, to 31 August 2009, is just under eight months.

238 Questions— 16 September 2009. Written Answers

The various statistics requested by the Deputy are set out hereunder.

Year No. of Subsidiary Protection applications received

2006 (10 Oct. to 31 Dec. 2006) 185 2007 1,341 2008 1,498 2009 (to 31 Aug. 2009) 1,381

Total 4,405

Year Subsidiary Protection applications ‘granted’

2007 2 2008 7 2009 (to 31 Aug. 2009) 17

Total 26

Year Subsidiary Protection ‘refused’

2007 97 2008 472 2009 (to 31 Aug. 2009) 466

Total 1,035

Court Procedures. 584. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [30223/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Courts are, subject to the Constitution and the law, independent in the exercise of their judicial functions. Accordingly, I cannot comment or intervene in any way in relation to a particular case.

Visa Applications. 585. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) will be supported. [30226/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am pleased to inform the Deputy that the visa application referred to was approved following appeal and the visa issued on 6 August 2009.

Garda Operations. 586. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied). [30242/09]

[Deputy Dermot Ahern.] Policing and Garda Mountain Bike Units. A member of the local Community Policing Unit is allocated specifically to this area. I am informed that the community Garda has been in contact with the residents of the area regarding their concerns relating to anti-social behaviour. They have been advised to contact An Garda Sı´ocha´na if they have any further such concerns, and additional policing measures will be put in place, as appropriate, by local Garda management to reduce the incidence of such behaviour. Current policing policy in the area is designed to address issues of crime and public order offences, including the prevention of crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of the quality of life of residents. This strategy is central to the delivery of a policing service to the area in question.

Residency Permits. 587. Deputy Bernard Allen asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency in the case of a person (details supplied) in County Cork. [30246/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 19 December 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 20 November 2007, 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 a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protec- tion in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

588. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [30261/09]

634. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied). [30906/09]

240 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 588 and 634 together. I am pleased to inform the Deputy that the person in question was recently registered by the Garda National Immigration Bureau and granted permission to remain in the State up to 7th July 2014 on the basis of her marriage to an Irish national. The permission granted allows the person in question to work in the State without the requirement of a work permit and to operate a business in the State without seeking further permission.

Deportation Orders. 589. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an appeal for a person (details supplied) in County Carlow; and if he will make a statement on the matter. [30279/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A Deportation Order was signed on 3rd August 2004 in respect of the person referred to by the Deputy. The person concerned was informed of this fact by letter dated 1st September 2004. Legal representatives for the person concerned submitted an application, received on 15th September 2008, to revoke the Deportation Order under section 3(11) of the Immigration Act 1999, as amended. Following consideration of the information submitted, the Deportation Order was affirmed and the person concerned was notified of this decision. She was also advised to comply with her presentation requirements at the Garda National Immigration Bureau (G.N.I.B.). The person concerned is currently meeting the presentation requirements of the Garda National Immigration Bureau and is due to present again on 24/09/2009.

Garda Deployment. 590. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform the number of gardaı´ stationed at Coolock, Raheny, Howth, Swords, Ballymun and Clontarf Garda stations; and if he will make a statement on the matter. [30287/09]

Coolock Raheny Swords Ballymun Clontarf Howth

115 73 86 124 81 42

591. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of garda personnel who are qualified to carry out assessments of sex offenders. [30389/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Risk assessment of sex offenders is carried out in conjunction with the Probation and Welfare Service. At present there are fifty-six (56) members of An Garda Sı´ocha´na, nationwide, trained in the risk assessment of sex offenders.

Civil Registration Legislation. 592. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the extent to which State recognises the self-identified gender of transgender children; the 241 Questions— 16 September 2009. Written Answers

[Deputy Caoimhghı´nO´ Caola´in.] gender of post-operative transgender adults; and if he will make a statement on the matter. [30397/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I assume the Deputy is referring to the system of registration as operated under the Civil Registration Act 2004. Policy in the Act is a matter for the Department of Social and Family Affairs.

Sexual Offences. 593. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of sex offenders who entered the State from abroad in each of the past five years and notified the gardaı´ under the Sex Offenders Act 2001, within the specified seven days; the number who breached this notification procedure; the action that was taken when the procedure was breached; and if he will make a statement on the matter. [30402/09]

600. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of sex offenders there are currently registered with the gardaı´. [30409/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 593 and 600 together. The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. The Act makes persons convicted of a range of sexual offences subject to notification requirements under Part 2 of the Act. The provisions of the Act also extend to any offenders convicted abroad of the same range of sexual offences who enter the State. I am informed by the Garda authorities that the attached table shows the number of such convicted sex offenders who have entered the State each year since 2004. Of the seven persons who failed to comply with the requirements under Part 2 of the Act, six are believed to have left the State, and one has been convicted of failing to comply with the reporting requirements. I am further informed that 1,093 persons were subject to the notification requirements of Part 2 of the Sex Offenders Act 2001, as of 8 September, 2009. An Garda Sı´ocha´na has a system in place for the monitoring of persons subject to these requirements. Its Domestic Violence and Sexual Assault Investigation Unit monitors and manages the notification provisions, and maintains all information relating to persons who have obligations under the Act. There is a nominated Garda Inspector in each Garda Division who has responsibility for the monitoring in their Division of persons subject to the requirements of the Act.

The number of sex offenders from abroad subject to Part 2 of the Sex Offenders Act 2001 who notified or failed to notify An Garda Sı´ocha´na of their presence in the State for the years 2004-2008 and in 2009 up to 3 September

Year Notified Failed to Notify

2009* 7 1 2008 8 0 2007 17 2 2006 18 2 2005 13 1 2004 6 1 *Statistics provided are provisional operational and liable to change.

242 Questions— 16 September 2009. Written Answers

Victims Commission. 594. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the recommendations of the Future Structures and Services for Victims of Crime report which have not yet been implemented; the reason these recommendations have not yet been implemented; his plans to implement outstanding recommendations; and if he will make a statement on the matter. [30403/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Commission for the Support of Victims of Crime submitted its Framework Document — Recommendations for Future Structures and Services for Victims of Crime to me in April, 2008. I accepted and implemented in full the recommendations made by the Commission in their Framework Document. These included:

• The establishment of the Victims of Crime Office, in September, 2008. This is an Execu- tive Office of the Department of Justice, Equality and Law Reform which works to improve the continuity and quality of services to victims of crime, by state agencies and non-governmental organisations throughout the country. It supports the development of competent, caring and efficient services to victims of crime. It has a Director and its own staff;

• The reconstitution of the Commission for the Support of Victims of Crime — with a role to distribute funding to groups working with crime victims, as well as providing general oversight of services and promoting awareness;

• The setting up by the Commission of a Victims of Crime Consultative Forum, representing victims’ interests. The second meeting of the Consultative forum will take place next week.

Work is ongoing in the Commission and in the Victims of Crime Office to ensure that services for victims of crime are available regionally.

Crime Prevention. 595. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the State and non-governmental organisations which are assisting the national office for the prevention of domestic, sexual and gender based violence in developing a strategy on violence concerning that office; and if he will make a statement on the matter. [30404/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, an executive office of my Department, is well advanced in the preparation of a National Strategy on Domestic, Sexual and Gender-based Violence. A wide range of State and non-governmental organisations dealing with such violence is assisting with the development of the national strategy. Those organisations responded to the call for submissions on the strategy and participated in subsequent rounds of consultations. The organisations include Government Departments, State offices and agencies as well as non-governmental organisations at national and local level which deal with victims of domestic and sexual violence. The organisations which responded to the call for submissions are listed in the appendix to the report on the Summary of Submissions to Cosc, a link to which is in the National Strategy section of Cosc’s website (www.cosc.ie). Progress on the preparation of the strategy is also

243 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] outlined on the website. It is expected that work on the preparation of the national strategy will be completed as planned by the end of this year with a view to publication in early 2010.

Sex Offender Treatment Programme. 596. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of the 324 prisoners currently in custody under sentence for crimes of a sexual nature who have requested treatment for their offending behaviour but have not been able to access such treatments; and if he will make a statement on the matter. [30405/09]

598. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the amount of funding allocated to the treatment of sex offenders for each of the past six years; if this funding has been cut recently; the amount it has been cut by; and if he will make a statement on the matter. [30407/09]

599. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of female sex offenders currently in custody here; the treatment programmes available to them; and if he will make a statement on the matter. [30408/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 596, 598 and 599 together. As the Deputy will be aware, on 22 April 2009 I announced a new policy on the management of sex offenders in prison. The policy document is available on the website of the Irish Prison Service (www.irishprisons.ie). The policy is aimed at bringing about changes in offenders’ lives that reduce risk of re-offending and enhance public protection. It forms an integral part of the wider range of interventions by criminal justice and community-based agencies. In addition, a new programme of group interventions for sex offenders was introduced in January 2009. The programme, “Building Better Lives”, allows more responsive and flexible delivery to a greater number of offenders than heretofore. The new treatment programme will ensure that all sex offenders serving sentences of one year or more will have access to appropriate treatment. This new programme replaced the Sex Offender Programme which ran from 1994 to 2008. Under that programme some 136 sex offenders completed what was an intensive eleven month programme. When fully operational the new programme will allow for interventions to take place with up to 60 offenders. Whilst it is too early to evaluate take-up of the new programme I am confident that we will achieve a significant level of voluntary take-up of the interventions offered. Therapeutic interventions with sex offenders are delivered primarily through the Psychology Service of the Irish Prison Service. It is not possible to disaggregate the number of posts or funding specifically dedicated to sexual offending interventions. However, the resources allocated to the Psychology Service have been increased substantially in recent years. Between 2002 and 2008, the staffing complement increased from 8 to the current level of 21. There is a comprehensive range of services available to sex offenders and any willing participant can be facilitated within the range of therapeutic interventions. These comprise notably one-to-one interventions, group interventions, community-based services and interventions available to prisoners generally. Interventions by community-based services in 2009 include motivational enhancement groups provided by the Granada Institute in the Midlands and Wheatfield prisons and interventions with young sex offenders provided by the Northside Inter- Agency Project (NIAP) in St Patrick’s Institution. Sex offenders continue to benefit from other group programmes not specifically designed for sex offenders but addressing their needs. These

244 Questions— 16 September 2009. Written Answers include stress management, anger management and cognitive skills training. They also have access to visiting psychiatrists. With regard to female sex offenders, there is currently one in custody. The small number at any one time does not allow delivery of group programmes such as the Exploring Better Lives programme but female offenders have access to the range of other interventions. The new Irish Prison Service sex offender policy, the increase in resources to the Psychology Service and the new group programme highlight the commitment of my Department and the Irish Prison Service to working with sex offenders. There are no plans to reduce this level of commitment. The Probation Service, in partnership with the Granada Institute, runs the Lighthouse treatment programmes for sex offenders under Probation Service supervision. Currently there are three group programmes in operation. Two are based in Dublin and one in Cork. The programmes deal with offenders from all parts of the country. The Cork programme currently has attendees from Cork, Waterford, Louth, Tipperary and Kerry. The two Dublin programmes currently have attendees from Dublin, Monaghan, Mayo, Wexford, and Cavan. Each group programme has the capacity for eight offenders, giving a total of twenty four places. In addition to the group work programmes and in response to specific needs, the Lighthouse programme offers a limited number of individual places for sex offender treatment. Currently there are seven sex offenders receiving individual sex offender treatment. There are therefore 30 sex offenders currently attending Lighthouse sex offender treatment programmes.

Funding to the Granada Institute for the Lighthouse Programme

Year \

2004 300,000 2005 300,000 + 95,000* 2006 300,000 2007 300,000 2008 320,000 2009 395,000 *This was a once off payment to meet 2003 and 2004 deficit.

In 2005, at a cost of \10,000, the Probation Service commissioned Dr Sean Hammond and Dr Ethel Quoyle, Psychology Department U.C.C. to produce a practice manual and related training for Probation Officers supervising sex offenders in the community.

Sexual Offences. 597. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of convicted sex offenders who have breached the conditions of their post-release supervision orders for each of the past five years; and if he will make a statement on the matter. [30406/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Whilst the granting of post release supervision orders is entirely a matter for the Courts the supervision of those orders is the responsibility of the Probation Service of my Department. In that regard I can advise the Deputy that: Section 28 of the Sex Offender Act, 2001 requires a Court to consider the inclusion of a period of post release supervision when sentencing an offender on conviction of a scheduled sexual offence under the Act. 245 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.]

Section 29(1) allows the Court to impose a sentence comprising of a sentence of imprisonment followed by a period after release during which the offender will be under the supervision of a probation officer. Section 29 also requires the offender to comply with any conditions of supervision specified in the sentence. The Probation Service records all Court orders made requiring the supervision of offenders sentenced under the Sex Offenders Act, 2001. The following is the breakdown of the number of sex offenders who, over the last 5 years, were subject to post release supervision by the Probation Service.

Year Number of Sex Offenders released onto supervision

2004 1 2005 8 2006 12 2007 20 2008 26

Total 67

To date 17 offenders have been released from custody onto supervision this year with a further 11 expected to be released onto supervision prior to the end of 2009. Section 33 of the 2001 Act deals with non-compliance of the conditions of supervision as a summary offence prosecutable in the District Court. Section 33 was amended by Section 13(c)(4) of the Criminal Law (Human Trafficking) Act 2008, to allow for the prosecution of such a summary offence by a probation officer. To date, no offender has been convicted under Section 33 of the Sex Offenders Act, 2001 as amended. I would add that in managing these cases Probation officers work closely with the Gardaı´ and other partner agencies to ensure the cooperation and compliance by the offender with supervision, in the interests of community safety. In conjunction with the Gardaı´ and others, Probation officers, by and large, successfully engage with the offenders concerned and ensure their compliance with supervision through ongoing motivation and monitoring.

Questions Nos. 598 and 599 answered with Question No. 596.

Question No. 600 answered with Question No. 593.

601. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the costs of the proposed electronic tagging of sex offenders; and if he will make a statement on the matter. [30410/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I published a detailed Discussion Document on the management of convicted sex offenders last January which, inter alia, puts forward the possibility of using GPS electronic monitoring technology to monitor higher risk convicted sex offenders for the first 6 months following the completion of their prison sentences and their release back to the community. There was a consultative process following the publication of that document and I am now considering the views expressed as part of that consultative process. At the same time I announced the establishment of a Project Board, led by the Probation Service, to examine specific possibilities as well as the implementation of electronic monitoring (EM) more generally in this jurisdiction. I received an interim report from the Project Board 246 Questions— 16 September 2009. Written Answers in June which recommended that a pilot project be initiated in order to test EM technology in this jurisdiction and assess its value for money in the management of offenders. I await the final report from the Board — which is due shortly — and which will inform the decision(s) on using EM technology here for a pilot period. With regard to the cost, detailed costings will only become known once a tender process has been completed and evaluated for best value for the taxpayer. The Deputy can rest assured that I will balance the cost to the public purse against the added value for offender management generally and ultimately the benefits for public safety.

Garda Deployment. 602. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of members of the Garda who are tasked to the domestic violence and sexual assault unit; the annual budget allocated to this unit; and if he will make a statement on the matter. [30411/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the Domestic Violence and Sexual Assault Investigation Unit is a section under the remit of D/Chief Superintendent, National Bureau of Criminal Investigations within National Support Services. At present thirteen members of An Garda Sı´ocha´na, with three civilian support personnel, are allocated to the DVSAIU to offer expert guidance and support to Divisional and District Garda personnel tasked with the investigation of sexually- related investigations. There is no separate budget allocated for duty associated with the work of personnel allocated to this specialist unit.

Juvenile Offenders. 603. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of children under 18 years who are accommodated in a section (details supplied) in St. Patrick’s Institution; and if he will make a statement on the matter. [30412/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to advise the Deputy that, on 14 September 2009, there were 9 young offenders under 18 years accommodated on the D Division in St. Patrick’s Institution. St Patrick’s Institution is the designated detention centre for young male offenders aged between 16 and 21 years of age. In the long term the Irish Youth Justice Service will take responsibility for the detention facilities for all boys under 18 years. In the interim the separation of children and young adults in St. Patrick’s Institution has taken place in so far as is possible given the physical limitations of the St. Patrick’s site. The Special School (B Division) was opened in April 2007 specifically for this purpose. It has a bed capacity of 44 and is self contained. Inmates aged 16 and 17 now have a residential area, communal dining area, and education, work training and recreational areas that are separate from young adults. This has created a separate and enhanced regime for them. When the number of such prisoners exceeds 44, priority is given to the 16-year-olds. Those 17-year-olds who cannot be accommodated in the Special School are accommodated in the drug-free D Division of the main institution. A small number of 17-year-olds are kept in the young adult part of the institution because of their specific individual needs. These include sex offenders and vulnerable inmates who for their own protection are accommodated separately. In March 2008, the Government approved the development of new national children detention facilities on the Oberstown campus near Lusk, Co. Dublin. This facility will accommodate

247 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] all under 18 year olds who have been ordered to be detained by the Courts. The project is currently at the design stage and it is expected that the tendering process for construction should take place in 2010. Construction is expected to be undertaken in phases with the first phase scheduled to be completed by 2012. On completion of the first phase it is anticipated that any 16 or 17 year old male ordered to be detained by the Courts will no longer be detained in facilities under the aegis of the Irish Prison Service. The Deputy will be aware, however, that tendering for the construction of the new facilities will be subject to Government approval and to the necessary funding being made available.

Sexual Offences. 604. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform if his Department keeps records of recidivism rates of persons convicted of sex offences; and if he will make a statement on the matter. [30413/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department does not keep records of recidivism rates of persons convicted of offences. Recidivism rates are typically established through one-off studies of samples of offenders based on individual records of imprisonment, conviction or offending. The Irish Prison Service keeps records of periods in custody for every prisoner which allow calculation of re-imprisonment rates by type of offence, including sex offences. However, these do not allow calculation of a comprehensive rate of re-offending that includes non-custodial sentences. Recently, my Department funded an independent study by UCD of the sex offender programme run by the Irish Prison Service between 1994 and 2008. This examined re-offending rates of a sample of 248 sex offenders based on prison and Garda records. It found a re- offending rate of 8.1 percent for sexual offending over an average of 6.2 years.

605. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of sex offenders who have been released for each of the past five years who have not been assessed before their release in order to identify the level of supervision and regulation needed; and if he will make a statement on the matter. [30414/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that the Probation Service Protocols for the management of sex offenders on supervision in the community (2004) set out procedures for effective supervision of sex offenders following their release from custody. Assessment is an aspect of that practice. The procedures include a notification of release to the relevant Child Care Manager within the HSE. Contained in the following table is the breakdown of the number of sex offenders who, over the last 5 years, were subject to post release supervision by the Probation Service:

Year Number of Sex Offenders released onto supervision

2004 1 2005 8 2006 12 2007 20 2008 26

Total 67

248 Questions— 16 September 2009. Written Answers

To date seventeen offenders have been released from custody onto supervision this year with a further eleven expected to be released onto supervision prior to the end of 2009. The widescale use of a static risk assessment instrument, Risk Matrix 2000 (RM 2000) in assessments has commenced this year. However, since March 2008, the combination of RM 2000 and SA 2007 assessments (a dynamic risk assessment, Stable and Acute 2007) has been used with a limited number of offenders. These offenders were identified as posing particular concerns about risk and the majority were identified prior to release from custody onto probation supervision. To date approximately 60 such assessments have been completed. Of the first 44 assessments completed by June 2009, 22 (50%) had been completed on offenders either prior to or immediately following release from custody onto supervision. The remaining 22 had been completed on offenders at the pre-sentence report stage or were already on supervision in the community. Once implemented nationally in 2010 the RM 2000 will guide the level of intervention and regulation required and the SA 2007 will guide the nature of that intervention.

606. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform if he has established a dedicated interview room in a Garda station in each Health Service Executive region exclusively for victims of sexual crime; the locations of interview rooms allocated for this purpose; and if he will make a statement on the matter. [30420/09]

755. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the status of the report of a working group on the admissibility of video evidence in court; and if he will make a statement on the matter. [31409/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 606 and 755 together. I am informed by the Garda authorities that, given the need for sensitivity and confidentiality surrounding sexual crimes, there is a clear advantage from an investigative perspective both for An Garda Sıóchańa and victims of such crimes in conducting interviews away from Garda stations. Dedicated victim interview suites have been established in a number of locations throughout the country and are used by An Garda Sıóchańa to take video recordings of statements from victims of sexual crime. The suites are not attached to Garda Stations, and it would not be appropriate for reasons of confidentiality to give precise details of their locations.

Sex Offender Treatment Programme. 607. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform the number of centres that provide treatment services to sex offenders in the community; their geographic locations; the number of offenders attending each centre; and if he will make a statement on the matter. [30427/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that the Probation Service deals with sex offenders referred by the Court following a guilty finding or plea to a specific sex offence or offences. To assist in its supervision of sex offenders the Probation Service, in partnership with the Granada Institute, runs the Lighthouse treatment programmes for sex offenders under its supervision. Currently there are three group programmes in operation. Two are based in Dublin and one in Cork. The programmes deal with offenders from all parts of the country. The Cork programme currently has attendees from Cork, Waterford, Louth, Tipperary and Kerry. The two Dublin programmes currently have attendees from Dublin, Monaghan, Mayo, Wexford, and Cavan.

249 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.]

Each group programme has the capacity for eight offenders, giving a total of twenty four places. Currently there are seven offenders attending the Cork programme and eight attending each of the two Dublin based programmes, giving a current total of twenty three offenders nationally attending Lighthouse group treatment programmes. For reasons of efficiency and responsivity the programmes run on a rolling group basis, taking in new participants following assessment of suitability and as vacancies arise when others complete treatment. An eighth offender is expected to join the Cork programmes in the next week or two. In addition to the group work programmes and in response to specific needs, the Lighthouse programme offers a limited number of individual places for sex offender treatment. Currently there are seven sex offenders receiving individual sex offender treatment. There are therefore 30 sex offenders currently attending Lighthouse sex offender treatment programmes. In addition to the Lighthouse treatment programmes, individual offenders on supervision may attend for sex offender treatment with individual therapists or at privately run centres such as the Granada Institute or centres such as Cosc in the North West run by the Health Service Executive.

Sexual Offences. 608. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform his plans for an all-Ireland strategy which would protect the public, adults and children from sexual harm by providing funding for evidence based services for those who have perpetrated either convicted or unconvicted sexual abuse; and if he will make a statement on the matter. [30429/09]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that under the Intergovernmental Agreement on North South Co-operation on Criminal Justice Matters of 2005, a cross border justice committee, the Public Protection Advisory Group, has been established to promote public safety on an all island basis. The committee is jointly chaired by the Directors of the Probation Services of the two jurisdictions. One of the priority targets of this group for 2009 is the introduction of all island system for the assessment of sex offenders. Best practice indicates that different jurisdictions as well as different agencies within jurisdictions should use the same risk assessment instruments so as to support effective communication. This initiative is led within this jurisdiction by the Probation Service and An Garda Sıóchańa. To ensure close collaboration, there is a cross jurisdictional representation on the appropriate lead committees. Furthermore, in 2006, Ireland and the UK, including Northern Ireland, signed a Memor- andum of Understanding to share information on persons travelling between this jurisdiction, Northern Ireland and the UK and who are subject to sex offender notification requirements in their own jurisdiction. This is for the purposes of the protection of the public from the risks presented by sex offenders and the investigation of serious sexual offences and covers any information necessary to achieve these purposes. Subsequently, in 2008 An Garda Sıóchańa and the PSNI signed an agreement on the sharing of personal data in relation to the investigation of sexual offences and the monitoring of sex offenders, which formalised the exchanges of information which had always taken place. The Probation Service is working closely with An Garda Sıóchańa and has completed initial training in a static risk assessment instrument, Risk Matrix 2000 (RM 2000). This will be coupled with a dynamic risk assessment, Stable and Acute 2007 (SA 2007). The combination

250 Questions— 16 September 2009. Written Answers of RM2000 and SA 2007 is the sex offender risk assessment system currently used by Probation and Police services in Northern Ireland, Scotland and in various parts of England and Wales. The RM 2000 is a static risk assessment instrument designed to estimate the likelihood of sexual or non-sexual violent re-offending amongst convicted sex offenders over the following five, ten and fifteen year periods. The instrument has been extensively used across the United Kingdom since 2000 and was validated in 2008 by the Scottish Executive, based on a population of 1000 convicted sex offenders. The Probation Service and An Garda Sı´ocha´na have in 2008/9 undertaken a programme of staff training in the RM 2000 instrument. The instrument is currently being applied to sex offenders under the supervision of the Probation Service and subject to the Garda notification requirements. SA 2007 is a dynamic sex offender risk assessment instrument. This dynamic instrument is responsive to the current risks posed by individual sex offenders. Further, it identifies key risk factors relevant to the particular individual so that risk management strategies can be more individually targeted. It also provides a warning system for imminent relapse. Training for an appropriate number of Probation staff in the application of this instrument is scheduled later this year. In addition to the evidence based sex offender risk assessment instruments, Probation Officers supervising offenders in the community are encouraged to use evidence based approaches to their interventions. In 2005 the Probation Service commissioned Dr Sean Ham- mond and Dr Ethel Quoyle, Psychology Department U.C.C. to produce a practice manual and related training for Probation Officers supervising sex offenders in the community. I should also advise that the Lighthouse sex offender treatment programme funded by my Department through the Probation Service which is currently dealing with thirty sex offenders under Probation supervision uses the Good Lives Model (Tony Ward) as the key component in its therapeutic interventions with offenders.

609. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform when he will introduce specific legislation covering date rape as per the commitment in the Programme for Government 2007 to 2012; and if he will make a statement on the matter. [30430/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): In light of the commitments in the Programme for Government, 2007 — 2012, to introduce legislation in relation to various aspects of the criminal law, the question of introducing a specific legislative provision covering the issue of ‘date rape’ continues to be examined. It should be pointed out that the administering of substances which have certain effects, by one person to another against their will or without their knowledge, is a matter which is already the subject of legislative provision. The Deputy’s attention is drawn to the provisions of section 12 of the Non-Fatal Offences Against the Person Act 1997 which provides that it is an offence for a person, intentionally or recklessly, to administer or cause another to take, a substance which he or she knows is capable of interfering substantially with that other person’s bodily functions, where he or she knows that the person does not consent to that action taking place. The section also provides that a substance capable of inducing unconsciousness or sleep is deemed capable of interfering substantially with bodily functions.

Judicial Appointments. 610. Deputy Enda Kenny asked the Minister for Justice, Equality and Law Reform the number of representations he has received in relation to judicial appointments to the District,

251 Questions— 16 September 2009. Written Answers

[Deputy Enda Kenny.] Circuit, High and Supreme Court each year since 1995 to date in 2009; the number of persons about whom a representation was made or received who was subsequently appointed to the judiciary; the court to which they were appointed; and the year of their appointment. [30481/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Since 1995, Govern- ments have been advised on the suitability of candidates for judicial office by the Judicial Appointments Advisory Board (JAAB) which was established for that purpose under the provisions of the Court and Court Officers Act 1995. The Board consists of the Chief Justice, the President of the High Court, the President of the Circuit Court, the President of the District Court, the Attorney General, a practising barrister nominated by the Bar Council, a practising solicitor nominated by the Law Society and not more than 3 persons nominated by the Minister. Section 17 of the 1995 Act specifies that serving judges are not subject to the JAAB procedure. Except in the case of serving judges, all candidates are considered by the Board. It should be noted that the Board publishes an annual report on the number of vacancies considered and lists the names of the persons who have been appointed to judicial office following recommendations by the Board. Since 1995 a total of 151 persons have been nominated by Government for appointment by the President. Records of representations received are only readily available since 1997. Since then, a total of 42 representations have been received by the Minister of the day on behalf of persons who wish to be nominated to the judiciary. In total since 1997, 4 persons on behalf of whom representations were made were nominated for appointment following recommendation by the Board. Details are set out in the tables below.

Judicial Appointments 1995-2009

Supreme Court

Apptmts. Made Reps. received No. of Reps received on behalf of successful candidates

1995 0 * * 1996 4 * * 1997 1 0 0 1998 0 0 0 1999 1 0 0 2000 4 0 0 2001 0 0 0 2002 1 0 0 2003 0 0 0 2004 1 0 0 2005 1 0 0 2006 1 0 0 2007 0 0 0 2008 0 0 0 2009 0 0 0

Total 14 0 0

252 Questions— 16 September 2009. Written Answers

High Court

Apptmts. Made Reps.received No. of Reps. received on behalf of successful candidates

1995 2 * * 1996 6 * * 1997 3 0 0 1998 3 0 0 1999 3 0 0 2000 4 0 0 2001 0 1 0 2002 5 0 0 2003 3 0 0 2004 5 0 0 2005 1 0 0 2006 4 0 0 2007 7 0 0 2008 2 0 0 2009 0 0 0

Total 48 1 0

Circuit Court

Apptmts. Made Reps. received No. of reps. received on behalf of successful candidates

1995 1 * * 1996 9 * * 1997 4 0 0 1998 3 2 0 1999 1 0 0 2000 1 1 1 2001 4 6 1 2002 6 1 0 2003 0 0 0 2004 5 4 0 2005 0 2 0 2006 1 1 0 2007 6 3 0 2008 0 0 0 2009 0 0 0

Total 41 20 2

253 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] District Court

Apptmts. Made Reps. received No. of reps. received on behalf of successful candidates

1995 3 * * 1996 3 * * 1997 2 0 0 1998 5 0 0 1999 4 7 0 2000 2 2 0 2001 3 5 0 2002 5 1 1 2003 1 0 0 2004 2 4 0 2005 4 3 0 2006 3 1 0 2007 6 2 1 2008 4 5 0 2009 1 0 0

Total 48 30 2 *The information requested for 1995 and 1996 by the Deputy is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources.

Asylum Support Services. 611. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform his views regarding the closure of the Clare Lodge in Ennis, County Clare; and if he will make a statement on the matter. [30494/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. At the end of August 2009, RIA was accommodating 6,815 in 55 centres across 21 counties, including the accommodation centre at Clare Lodge, Ennis, Co. Clare. RIA’s current contract with Clare Lodge ends on 29 September, 2009 and RIA has chosen not to renew it. The non-renewal does not come about because of any concerns of RIA about performance of the contract. Rather, the closure comes about following a necessary review by RIA as to how it can reconcile its anticipated accommodation demands with the limited financial resources it has. As part of the logistical operation of effecting the closure of the accommodation centre, residents are being transferred to other centres within the RIA accommodation portfolio. This has had to be phased over several weeks and it was not always feasible to give residents as much advance notice of their new centres as would normally be possible were a closure not involved.

612. Deputy Pat Breen asked the Minister for Justice, Equality and Law Reform the cost of renting the 49 privately owned and operated centres by the Reception and Integration Agency for the past three years; and if he will make a statement on the matter. [30495/09] 254 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Reception and Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government policy of direct provision and dispersal. At the end of August 2009, RIA was accommodating 6,815 in 55 centres across 21 counties. Since April 2000, the RIA has provided accommodation for over 53,000 asylum seekers. The 55 centres in the RIA portfolio consist of 49 direct provision centres, 4 self-catering centres and 2 reception centres the day to day management of all 55 centres is carried out by private companies under contract to RIA. Seven of the centres are state owned, i.e. the land and buildings are owned by the State, while the remaining 48 centres are commercially owned. 85% of all bed capacity is located within the commercially owned centres. In fulfilling its general accommodation responsibilities, the RIA does not lease or rent premises from commercial contractors. Rather it ‘contracts-in’ a comprehensive range of services, which include accommodation, catering, management, housekeeping, laundry, etc., for a fixed period of time. RIA regularly places newspaper advertisements seeking expressions of interest from those who are capable of providing this range of services. The last such advertisement was in February, 2009. No newcomers are prevented from coming into the market. The RIA endeavours to achieve the best value for money in relation to such contracts, in respect of which negotiations can take place with a number of commercial entities. The financial outturn of RIA for the last three years is outlined in the table below:

Year No. of Centres No. of asylum Total expenditure seekers

2006 54 5,489 78.728 2007 63 (includes Programme Refugee Centre) 6,625 83.262 2008 60 (includes Programme Refugee Centre) 7,002 91.472

The total expenditure above includes additional transport costs, utility (gas, electricity, water etc.) costs in respect of the seven State owned centres, recoupment of accommodation costs to the HSE in respect of unaccompanied minors, and other miscellaneous costs. Specifically in respect of the privately owned and operated centres, an estimate of the total costs paid for each of the last three years is: 2006 — \66.92m; 2007 — \70.77m; 2008 — \77.71m. In this regard, the Deputy should note that on 21 October, 2008 the Government agreed to a new round of Value For Money (VFM) reviews for the period 2009-2011. One of the expenditure programmes on the Vote of the Office of the Minister for Justice to be the subject of such a review is the spending by RIA on asylum seeker accommodation. As with all such VFM reviews, it has a steering committee, comprising officials from my Department and the Depart- ment of Finance and an independent Chairperson. The review is currently under way and is nearing completion. The result of this VFM review will be presented to the Oireachtas upon completion.

Liquor Licensing Laws. 613. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform if he has received a response to his letter to the Minister for Social Development in Northern Ireland, as per Parliamentary Question No. 289 28 April 2009, suggesting the possibility of a joint North-South initiative to tackle alcohol promotions; the views of that Minister to such a proposal; and if he will make a statement on the matter. [30516/09] 255 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Minister for Social Development in Northern Ireland has responded positively to my request for a meeting to discuss a possible joint North-South initiative to tackle alcohol promotions and arrangements for such a meeting are being made at present.

614. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform if he has received and will publish the first report on the implementation of the new voluntary Code of Practice On The Display And Sale Of Alcohol Products In Mixed Trading Premises; and if he will make a statement on the matter. [30517/09]

615. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the National Off-Licence Association and its evidence that a number of supermarkets were openly flouting the new voluntary Code of Practice On The Display And Sale Of Alcohol Products In Mixed Trading Premises; if he has investigated these claims; and if he will make a statement on the matter. [30518/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 614 and 615 together. The position is that a new body — Responsible Retailing of Alcohol in Ireland (RRAI) — has been established by the mixed trading sector to oversee implementation and verification of compliance with the Code of Practice on the sale and display of alcohol products in mixed trading outlets. The sector has appointed Mr Padraig White as Chairperson of RRAI and I expect to receive the first implementation and verification report from him later this month. I understand that this report will contain details of the progress made in implementing the Code across the mixed trading sector as well as action taken in response to specific complaints, including those made by the National Off-Licence Association (NOffLA). I intend to publish the report on my Department’s web site in due course.

Asylum Applications. 616. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in County Tipperary who has applied for family reunification in respect of their five children. [30577/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my answer to his previous Parliamentary Question. I am informed by the Irish Naturalisation and Immigration Service (INIS) that a letter has recently issued to the person in question requesting him to provide additional documentation. The application of the person in question will be considered further on receipt of the requested documentation.

Visa Applications. 617. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied) in Dublin 9. [30579/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am pleased to inform the Deputy that the visa application referred to was approved following appeal on the 3 September 2009.

Proposed Legislation. 618. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform when he will introduce legislation to amend section 13 of the Criminal Law (Insanity) Act 2006 to ensure

256 Questions— 16 September 2009. Written Answers that patients in the Central Mental Hospital are discharged when they are fit to be discharged and that their rights to liberty are not being denied; and if he will make a statement on the matter. [30667/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): A bill to amend section 13 of the Criminal Law (Insanity) Act 2006 is currently being drafted in the Office of the Parliamentary Counsel. The Bill will provide that enforceable conditions can be applied where a person detained in the Central Mental Hospital in accordance with the Criminal Law (Insanity) Act 2006 is granted conditional release by the Mental Health (Criminal Law) Review Board. It is expected that drafting will be completed this Autumn with a view to publication and progress through the Houses of the Oireachtas shortly thereafter.

Road Traffic Offences. 619. Deputy Thomas P. Broughan asked the Minister for Justice, Equality and Law Reform if he will report on the inclusion of the offence of a learner driver driving without a qualified accompanying driver and L plates on the garda PULSE system; the number of offences of this nature that have been recorded by An Garda Sı´ocha´na since its inclusion on the PULSE system; the further number of Garda stations which do not have the PULSE system in place; the percentage of the total number of Garda stations this represents; the reason there is an ongoing delay with the full roll-out of PULSE to all Garda stations; the amount that has been paid to consultants over the past ten years for the establishment and introduction of the PULSE system; and if he will make a statement on the matter. [30681/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Garda Sı´och- a´na Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and that office has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him. Regarding the PULSE system I am informed by the Garda authorities that the number of Garda stations on the PULSE network has been increased to 347 locations including all Div- isional, District Headquarters and Garda stations operating on a 24 hour basis. This equates to approximately half (49.4%) of the total number of 703 Garda locations nationwide, and over 85% of all incidents are captured at these locations. There is no ongoing delay with the rollout of PULSE to all Garda Stations. Indeed, it was never envisaged by Garda Authorities that PULSE would be available at every location. The extension of the PULSE system to additional locations is reviewed on an ongoing basis by Garda management and additional stations are added to the network on a case by case basis as and when business requirements dictate. The Deputy will also be aware that the Garda Information Services Centre (GISC), which is based in Castlebar, allows Gardaı´ from both networked and non-networked stations to log the information over the telephone with the GISC without the need to return to their station, thus releasing Garda resources for visible, frontline policing across our communities. The total development cost of the PULSE project was \61.3 million and covers the period up to the final release of the system which was rolled out in 2001. In addition, the annual maintenance and upgrade costs for PULSE from 2001 to the end of 2006 totalled \64.39 million. By way of background, the figure of \64.39m above includes replacement of the Pulse hardware and major upgrades to the PULSE software as part of the Garda Pulse stabilisation programme which was completed in 2006. In addition, a range of upgrades and modifications have been carried out to the system to support changes arising from new legislation, additional func-

257 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] tionality etc. It also includes costs associated with the extension of the PULSE system to new locations and to the set-up of the Garda Information Services Centre (GISC) in Castlebar and the Vetting Unit in Thurles. Contractor costs totalled approximately \40m while \10m was spent on hardware along with \14m for various software licences. Following the completion of PULSE stabilisation and a programme of maintenance and hardware upgrades in 2006, PULSE was integrated with the Garda National Immigration Bureau Information System (GNIB-IS) and the Fixed Charge Processing System (FCPS) and other niche systems to form a new combined IT system to be referred to as the Garda Infor- mation System (GIS). For this reason, from 2007 onwards it is not possible to identify any expenditure specific to PULSE as all maintenance and upgrade work is carried out on the GIS as opposed to individual IT systems.

Proposed Legislation. 620. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform his plans to ratify the UN protocol to prevent human trafficking; if there is a need to update Irish law in this respect; and if he will make a statement on the matter. [30708/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Deputy’s Ques- tion is understood to refer to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organised Crime. The enactment of the Criminal Law (Human Trafficking) Act 2008 which came into effect on 7 June 2008 brought Ireland into compliance with the criminal law/law enforcement elements of the Protocol. Other aspects of the Protocol are being implemented administratively in the context of the National Action Plan to Prevent and Combat Trafficking of Human Beings in Ireland — which was published on 10 June this year — and through engagement with the Governmental and non-governmental organisations in this area. However, it will be necessary to ratify the United Nations Convention against Transnational Organised Crime prior to ratification of the Protocol. The necessary legislation is contained in the Criminal Justice Act 2006 as recently amended by the Criminal Justice (Amendment) Act 2009. However one further aspect of the Convention requires legislation i.e. establishing jurisdiction over money laundering offences. The necessary provision is included in the Crimi- nal Justice (Money Laundering) Bill which was published on 28 July 2009.

Garda Training. 621. Deputy Dan Neville asked the Minister for Justice, Equality and Law Reform the training of probationary and full-time members of An Garda Sı´ocha´na on suicide prevention and postvention. [30722/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda Commissioner that training in relation to suicide is incorporated into Student Garda training during both Phase I and Phase III of the Student Garda training programme and has been provided to full-time members in certain modules of the Continuous Professional Development Core Programme. The lectures and classes undertaken by Student Gardaı´ provide an overview of suicide and allow students to take part in role play situations that will prepare them for dealing with such occurrences. Numerous lectures and classes are dedicated to this topic and trainees are taught how to respond to specific situations and engage with those who are or may be suicidal.

258 Questions— 16 September 2009. Written Answers

Departmental Programmes. 622. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform if he will make funding available for community alert schemes; and if he will make a statement on the matter. [30736/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Community Alert Programme is a community-based initiative in rural communities, set up in 1985 by Muin- tir na Tı´re in association with the Garda authorities. The Programme is dedicated in particular to improving the quality of life of vulnerable people in rural communities, especially the elderly, by:

• crime prevention

• neighbourliness and self-reliance

• general community safety and well-being

• accident prevention

• promotion of personal safety, and

• awareness of social inclusion. I regard the work of Community Alert as very important. In recent years my Department has provided funding to Muintir na Tı´re for the Community Alert Programme of \150,000 in 2004, \120,000 in 2005, \175,000 in 2006, \200,000 in 2007, \200,000 in 2008 and \100,000 to date in 2009. Funding is also provided by the Health Service Executive. The funding covered the costs associated with running the Programme, including salaries, travel and subsistence, staff training and administration. Funding is not provided directly by my Department to schemes, but resource material, including booklets, stickers and survey and related material, is provided by An Garda Sı´ocha´na, in addition to advice.

Departmental Expenditure. 623. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the amount of legal aid paid to solicitors in each court area here for 2006, 2007, 2008 and to date in 2009 in tabular from; and if he will make a statement on the matter. [30737/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will be aware, separate arrangements exist in respect of Criminal and Civil Legal Aid. I can inform the Deputy that the amount of Criminal Legal Aid paid to solicitors in each court area for 2006, 2007, 2008 and to date in 2009 is set out in tabular form below,

Criminal Legal Aid Fees Paid to Solicitors

2006 2007 2008 Jan-Aug 2009

Central Criminal Court 1,649,961 1,536,005 1,507,810 1,246,137 Children’s Court 0000 Circuit Monaghan 35,980 69,917 61,852 36,748 Circuit-Carlow 35,519 113,513 57,272 84,462 Circuit-Cavan 43,110 44,435 91,811 50,022 Circuit-Clare 115,718 112,618 235,683 122,992 Circuit-Cork 646,356 875,854 1,109,781 655,803

259 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] 2006 2007 2008 Jan-Aug 2009

Circuit-Donegal 92,580 171,122 197,484 206,392 Circuit-Dublin 3,457,276 3,931,610 4,071,767 3,277,228 Circuit-Galway 91,920 132,039 123,230 97,934 Circuit-Kerry 167,212 196,647 167,990 130,639 Circuit-Kildare 169,470 213,533 290,244 204,012 Circuit-Kilkenny 89,027 62,819 148,950 63,812 Circuit-Laois 63,432 85,339 71,343 67,738 Circuit-Leitrim 12,891 13,096 34,766 24,984 Circuit-Limerick 312,330 321,132 483,291 311,392 Circuit-Longford 14,889 33,021 41,516 36,427 Circuit-Louth 73,379 95,212 142,333 125,255 Circuit-Mayo 75,661 75,734 103,493 103,064 Circuit-Meath 95,202 144,841 163,166 113,716 Circuit-Offaly 22,327 12,579 45,919 26,805 Circuit-Roscommon 37,639 76,320 112,436 68,884 Circuit-Sligo 102,270 109,087 79,625 63,033 Circuit-Tipperary 149,809 188,222 223,317 170,719 Circuit-Waterford 173,101 184,332 292,906 239,220 Circuit-Westmeath 40,899 139,011 99,988 92,159 Circuit-Wexford 68,057 88,492 177,273 113,449 Circuit-Wicklow 152,801 161,418 144,756 147,836 Court of Criminal Appeal 549,392 427,853 412,337 384,606 District-Carlow 138,328 82,006 101,332 87,444 District-Cavan 190,369 247,882 454,851 444,039 District-Clare 177,689 215,530 384,358 259,019 District-Cork 1,491,067 1,677,197 2,246,341 1,301,762 District-Donegal 193,030 151,813 336,138 331,650 District-Dublin 8,876,531 9,778,087 10,597,864 8,493,974 District-Galway 369,274 431,873 578,413 443,460 District-Kerry 187,180 196,486 264,575 228,097 District-Kildare 195,854 118,124 297,173 210,820 District-Kilkenny 82,590 117,700 139,863 90,615 District-Laois 106,055 138,256 182,193 136,245 District-Leitrim 9,822 33,795 37,340 30,659 District-Limerick 1,044,867 1,123,769 1,397,040 829,227 District-Longford 124,416 164,873 234,321 155,237 District-Louth 140,971 325,132 308,230 269,208 District-Mayo 97,199 73,842 123,502 107,470 District-Meath 164,182 156,927 266,572 230,213 District-Monaghan 166,684 170,534 243,748 154,894 District-Offaly 225,444 221,267 263,640 174,761 District-Roscommon 58,157 69,518 121,870 68,795 District-Sligo 140,879 130,694 175,707 132,518 District-Tipperary 300,074 258,272 456,247 277,998 District-Waterford 190,768 256,462 425,209 466,039 District-Westmeath 284,701 262,863 421,402 307,628 District-Wexford 174,673 177,245 289,803 273,761

260 Questions— 16 September 2009. Written Answers

2006 2007 2008 Jan-Aug 2009

District-Wicklow 278,903 265,858 419,478 303,743 High Court — Dublin 0 0 0 2,491 L/Aid Detainees in Gda Stns — Connaught 25,926 33,401 41,027 39,258 L/Aid Detainees in Gda Stns — Dublin Only 243,022 307,589 324,842 289,201 L/Aid Detainees in Gda Stns — Leinster ex 37,398 44,960 60,346 49,969 Dub. L/Aid Detainees in Gda Stns — Munster 77,337 103,361 118,040 94,816 L/Aid Detainees in Gda Stns — Ulster 18,840 15,218 22,507 13,243 Special Criminal Court 184,139 63,961 93,478 109,353 Supreme Court 20,073 25,018 173,224 9,413

Grand Total 24,554,651 27,055,313 32,293,018 24,682,488

The State, through the Legal Aid Board, also provides a comprehensive scheme of Civil Legal Aid for persons of modest means. In the time available it has not been possible to compile the detailed statistical information in the format requested by the Deputy in respect of Civil Legal Aid. I will communicate further with him when the information sought is to hand.

Drug Treatment Programme. 624. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Questions Nos. 181 of 25 February 2009 and 190 of 1 July 2009, if he has received the proposal; the decision he has reached; and if he will make a statement on the matter. [30738/09]

635. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform if he will report on a proposal regarding a facility (details supplied) in County Roscommon; the steps being taken to re-open the facility; and if he will make a statement on the matter. [30909/09]

721. Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform the position in relation to the progress on Harristown House, Castlerea, County Roscommon; and when it is envisaged it will re-open. [31245/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 624, 635 and 721 together. I have already set out the background to the closure of the Harristown House facility on numerous occasions in this House but perhaps it is worth repeating that the overall conclusion of the independent review into this facility was that the centre was in crisis. There were serious indications (e.g. HR, financial and quality of service) that the organisation had become dysfunc- tional the results of this review indicated that the organisation as it currently stood was no longer viable. In addition there were concerns expressed over the quality of care and rehabili- tation. When the details of the report were brought to the attention of the Board of Manage- ment of the limited company which ran the facility they too shared the concerns raised in the report and they took the unanimous view that the preferred course of action was to close down the facility, take time to reflect on the learning and develop a vision and plan for a new way forward. The Probation Service of my Department works daily with communities across the country supporting and mentoring its core client group to stay away from crime but it is not a primary drug treatment service provider. That said, in the 1970s, at a time when State and voluntary addiction services were limited and particularly difficult to access for offenders, the Probation 261 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] Service initiated the provision of funding to support or develop services for offenders to fill an identified gap in services for this distinct client grouping. Deputies will, I am sure, acknowledge that there has been significant development in HSE addiction services as well as other services over the past twenty years. This includes the development of harm reduction policies and practices and a range of enhanced options and provision, with improved access generally. The HSE is now established as the principal provider and funding body of medical and non-medical addiction services for both illicit drug and alcohol use delivered through its Social Inclusion Services. Of course, the Probation Service does recognise that addiction is a contributory factor in re- offending and that investment in addiction services to meet specific criminal justice needs may be necessary in certain specific circumstances. For that reason, the Probation Service currently provides funding to 19 addiction centres nationally to address specific addiction treatment needs. The funding commitment in 2009 to this group of addiction centres is \1,978,000. This funding allows for the provision of 384 programme places, as well as some counselling on demand in both prisons and the community as well as support and aftercare programmes. Probation Service management information indicates that this level of provision is sufficient in meeting requirements over and above HSE and other addiction services provision. I should add that the Probation Service is currently reviewing its arrangements for the funding of drug treatment places. To that end the Service, in the interests of better coordination and integrated provision, is working closely with the HSE. The primary intention of this collaboration with the HSE is to bring about greater co-operation, co-ordination and to clarify appropriate tasks and roles with the aim of delivering effective, efficient client centred services that best protect the public purse. Turning to the proposals received from the Probation Service in relation to the setting up of a new residential addiction treatment facility at Harristown House. As part of the consideration of the proposal my Department sought and received an evaluation from the Probation Service of anticipated Service needs for the core client group of the Service in the surrounding counties for addiction treatment facilities. The considered view of Probation Service management is that the provision of an additional residential treatment facility would not assist the Service further at this time in dealing with the addiction issues in the West, North West and Westmeath Probation Service region. Based on that needs assessment it is not proposed to open a new addiction treatment facility at Harristown House. Finally let me say that my first priority is to ensure that my Department, through the Pro- bation Service, continues to fund projects in the community that add value to the core criminal justice focussed work of the Service and which allow for the strengthening of community based partnerships. It is my intention to continue to fund a range of addiction and other projects into 2010 having regard to overall budgetary constraints. This will be done against the background of some \18.001 m. having been allocated in 2009 to providing funding to community based projects which has benefited over 50 such projects. Within that overall allocation 11% (almost \2m) will be distributed to the aforementioned 19 addiction treatment projects around the country.

Proposed Legislation. 625. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform his plans to introduce an amnesty for the removal of knives here; and if he will make a statement on the matter. [30745/09]

262 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will be aware, legislation on the use of knives and similar weapons is extremely robust and heavy penalties are already in place. The maximum penalty for possessing a knife in a public place was recently increased from one to five years and the Garda Sı´ocha´na were also given extended power of search without warrant in relation to knives and offensive weapons. These measures were introduced in the Criminal Justice (Miscellaneous Provisions) Act 2009. In tandem with those measures, the importation and sale of samurai swords was also pro- hibited, though exceptions have been made for collectors and genuine enthusiasts. These measures only came into force last month and it will take time to see the results. While there are no plans at present to introduce an amnesty for knives, the whole area of knives and knife crime is kept under constant review.

Garda Stations. 626. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform his plans to increase the opening hours at a Garda station (details supplied) in County Mayo; and if he will make a statement on the matter. [30746/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that, subject to the availability of personnel, Ballinrobe Garda Station is open during the following hours:

Opening Hours

Monday – Friday 11.00am – 1.00pm 8.00pm – 9.00pm Saturday 11.00am – 1.00pm Sunday 12.00noon – 1.00pm

There are no current plans to increase the opening hours of Ballinrobe Garda Station. Ballin- robe Garda Station is located in the Claremorris Garda District in Co. Mayo. The personnel strength of Ballinrobe Garda Station, on the latest date for which figures are readily available, was 10. The increase of opening hours at Ballinrobe Garda Station would necessitate the employment of additional Garda personnel on indoor administrative duties who in the view of the Garda authorities may be more effectively employed on outdoor policing duties.

Crime Prevention. 627. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the action he has taken in view of the recent knife attacks in County Mayo; and if he will make a statement on the matter. [30747/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that, following a number of recent incidents of crimes committed using knives in the Mayo Garda Division, a number of arrests were made. The persons arrested were subsequently charged and are currently before the courts. While local Garda Management is concerned at recent developments, it is of the view that knife crime is not especially prevalent in this Division. In monitoring crime trends, the Divisional Officer and his senior management team have tailored the policing arrangements in the Division to take account of particular issues which arise on an ongoing basis. Policing measures are in place to identify areas where disorderly conduct is likely to occur, and resources are deployed accordingly. Any person suspected of carrying an offensive weapon, 263 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] especially a knife, is liable to be searched. Areas where groups of young people tend to congre- gate are subject to regular patrols and increased Garda attention. Areas identified as public order hot-spots within the Division are the subject of targeted policing, including strict enforcement of the relevant legislative provisions. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. The Divisional Drugs Unit has been especially pro-active in carrying out searches of suspects entering and leaving night clubs. Legislation on the use of knives and similar weapons is extremely robust and heavy penalties are in place. The Garda Commissioner last year made recommendations in relation to knives and sharply pointed or bladed weapons, and subsequently the Criminal Justice (Miscellaneous Provisions) Act 2009 was enacted. The maximum penalty for possessing a knife in a public place has been increased from one to five years, and An Garda Sıóchańa have been given an extended power of search without warrant in relation to knives and offensive weapons. In tandem with the new legislation, samurai swords have been banned from importation and sale, though exceptions have been made for collectors and martial artists. Last February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Sıóchańa to inform and educate young people on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime.

Question No. 628 answered with Question No. 580.

Departmental Expenditure. 629. Deputy Thomas Byrne asked the Minister for Justice, Equality and Law Reform the cost of providing State services to asylum seekers by his Department in 2008. [30762/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The costs to my Department in relation to delivering asylum services in 2008 are included in the table below under the following subheads of the Justice vote: D1 (Irish Naturalisation and Immigration Service); D2 (Refugee Legal Service); and D4 (Accommodation Asylum Seekers).

Expenditure on Asylum and Immigration Services 2008

Subhead Cost \M

Subhead D1 65.9 Subhead D2 8.9 Subhead D4 91.5

Total 166.3 The above figures for 2008 are provisional and may be subject to change prior to publication of the 2008 Appropri- ation Accounts.

The Deputy should note that the costs incurred under subhead D1 include the total cost of running the Irish Naturalisation and Immigration Service (INIS) which includes the delivery of services across Asylum, Immigration, Naturalisation and Visa areas. The cost of accommodating asylum applicants accounts for the bulk of the expenditure on asylum by my Department, as can be seen from the table above. In this regard, the direct provision system is an efficient 264 Questions— 16 September 2009. Written Answers means of accommodating asylum seekers. If this system was not in place the cost to the State of accommodating asylum seekers would be higher. Various efficiency and cost reduction measures continue to be implemented across INIS with a view to reducing the costs associated with asylum applications. On the application processing side, the Office of the Refugee Applications Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT) keep processing times and scheduling arrangements under ongoing review with a view to limiting the amount of time applicants have to wait for a recommendation or decision, all of which impact on direct provision costs. Other efficiency and cost reduction measures being pursued to reduce asylum costs include:

• implementation of strategies aimed at reducing asylum application numbers and tackling the various abuses of the asylum process;

• maximising the number of asylum cases transferred to other European States for processing under the Dublin II Regulation;

• an increased focus on the return of failed applicants to their countries of origin through deportations and voluntary return;

• implementation of the Government decision dated the 3 February, 2009 in relation to achieving an 8% reduction in spending on professional fees;

• engagement with contractors for asylum seeker accommodation to achieve an 8% reduction in Reception and Integration (RIA) expenditure. The RIA anticipates that these savings will be reflected in RIA’s 2009 outturn;

• completion of a Government agreed Value for Money (VFM) Review of spending by RIA on asylum seeker accommodation. The result of this VFM review will be presented to the Oireachtas when it is completed;

• consolidating shared services related activities across INIS and redeploying resources to processing areas;

• strategies aimed at reducing the delays and costs associated with Judicial Review proceedings, such as greater use of in-house training, expertise and precedents, resulting in less use of counsel; ongoing review of practices and procedures and quality-proofing of decisions.

Finally, the Deputy will be aware that the enactment of the Immigration, Residence and Protec- tion Bill 2008 will be a key measure for achieving efficiencies in the asylum applications processing system itself; for establishing a more effective and streamlined removal process; and for tackling abuses which the asylum and immigration system have to contend with, including apparent abuses of the judicial review system. The Bill comprehensively reforms and simplifies the current asylum system through the introduction of a single procedure for the investigation of all grounds put forward by applicants for protection. It is envisaged that there will be significant reductions in processing times upon enactment of the Bill, which will significantly reduce the costs involved in the asylum process.

Residency Permits. 630. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support the case of a person (details supplied) in Dublin 5. [30778/09]

265 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Irish Naturalisation and Immigration Service (INIS) that they have not received an application from the persons mentioned by the Deputy. The persons concerned should write to the General Immigration Division, INIS, which is located at 13-14 Burgh Quay, Dublin 2, providing full details and documentation of their current circumstances and of their future intentions with regard to remaining in Ireland in order for the matter to be considered further.

Citizenship Applications. 631. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the reason for the delay in granting citizenship to a person (details supplied) in County Mayo who applied in 2005; and if he will make a statement on the matter. [30795/09]

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 Division of my Department in November 2005. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application is at an advanced stage and the file will be submitted to me for a decision in due course. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Garda Communications. 632. Deputy Joanna Tuffy asked the Minister for Justice, Equality and Law Reform if the reforms recommended have been implemented in respect of PULSE by An Garda Sı´ocha´na following the steps it took to review PULSE on foot of the Garda Ombudsman Commission report in 2008; and if he will make a statement on the matter. [30828/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The recommendations referred to relate to the alleged leaking of official material from Garda sources to the media relating to a deceased person. The full text of the Garda Sıóchańa Ombudsman Commission’s report in relation to this matter is available on its website. The report recommends to the Garda Commissioner that supervisory ranks of An Garda Sıóchańa should regularly monitor the use of PULSE to ensure that members adhere to their legal and disciplinary obligations with regard to its proper use. The Ombudsman Commission also recommends that suitable measures be put in place by the Garda authorities to ensure audit trails of the usage of PULSE and any other official information systems can always be accurate and verifiable. With regard to Pulse, An Garda Sıóchańa have detailed procedures and instructions in place on the operation of the Pulse system. The Pulse system incorporates an accurate audit system which records all record creations and updates made on the system. The audit record includes the date and time when the update on the system took place and contains details of the user signed onto the system at that time. Audit-trails also record all inquires made on the core items

266 Questions— 16 September 2009. Written Answers of interest on the PULSE system including Person and Vehicle. Audit records are written at the time the associated transaction took place. These audit records can only be accessed centrally and are not available or visible to the users. In response to the report, a review to consider the matters raised and identify options for enhanced usage of the PULSE Audit data in respect of the monitoring of data access has been conducted by the Gardaı´. Specific proposals in this regard have been formulated and are presently under consideration by senior Garda management. Under these proposals an ‘Excep- tional activity level report’ and related business process has been advanced which will highlight to Garda Management specific PULSE records which are subject to a high level of data access activity occurring within a defined period. This new functionality will be included in the next major release of PULSE.

Public Order Offences. 633. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied) in Dublin 5. [30891/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the area referred to is in the Clontarf Garda Sub-District. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing and Garda Mountain Bike Units. A member of the local Community Policing Unit is specifically allocated to this area. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. I am informed that local Garda management has arranged for the local community Garda to contact the persons referred to by the Deputy regarding their concerns and to ensure that any future incidents of anti-social behaviour are reported to local Gardaı´ for action. Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and crimes against property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Question No. 634 answered with Question No. 588.

Question No. 635 answered with Question No. 624.

Deportation Orders. 636. Deputy Ciara´n Lynch asked the Minister for Justice, Equality and Law Reform when a decision will be made in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [30924/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 25 June 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal.

267 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.]

Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 27 July 2009, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Asylum Applications. 637. Deputy Ciara´n Lynch asked the Minister for Justice, Equality and Law Reform if a hearing has been listed in the case of a person (details supplied) in County Cork who has been resident here since May 2004; and if he will make a statement on the matter. [30927/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person referred to by the Deputy submitted an application for subsidiary protection under the European Com- munities (Eligibility for Protection) Regulations, 2006 S.I. No 518 of 2006 (’the Regulations’). This application was subsequently considered and refused. The applicant instituted Judicial Review proceedings on 13 May, 2008 challenging his Subsidiary Protection refusal and accordingly, as the matter is sub judice, I do not propose to comment further.

Citizenship Applications. 638. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when an application for naturalisation will be finalised in respect of a person (details supplied) in County Mayo. [30976/09]

268 Questions— 16 September 2009. Written Answers to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

639. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Mayo will be approved for citizenship. [30980/09]

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 Division of my Department in August 2007. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application is at an advanced stage and the file will be submitted to me for a decision in due course. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Public Order Offences. 640. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will support a matter (details supplied) in Dublin 5. [30981/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the area referred to is in the Coolock Garda Sub-District. The area is subject to regular patrols by uniform and plain clothes personnel, including the Community Policing and Garda Mountain Bike Units. Two members of the local Community Policing Unit are specifically allocated to this area. Incidents of public disorder and anti-social behaviour reported to the Garda authorities are the subject of investigation and are dealt with appropriately, including by juvenile or adult caution, fixed charge notices or initiating criminal proceedings. Any persons found engaging in such behaviour will continue to be dealt with appropriately in accordance with the law. Local Garda management has no record of any complaints received in respect of specific incidents at the location referred to by the Deputy. However, any such complaints received will be investigated and acted upon. Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and crimes against property, the prevention of public order offences and the maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Residency Permits. 641. Deputy Mary Upton asked the Minister for Justice, Equality and Law Reform if he will

269 Questions— 16 September 2009. Written Answers

[Deputy Mary Upton.] investigate the case of a person (details supplied) in Dublin 12 for family reunification; and if he will make a statement on the matter. [30985/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that a letter issued from Family Reunification Section to the person in question on 10th September 2009 requesting further documentation. The application of the person in question will be considered further on receipt of the requested documentation.

Legal Aid Service. 642. Deputy John Cregan asked the Minister for Justice, Equality and Law Reform the number of repeat offenders who have availed of free legal aid; the number of times each person has re-offended; the cost to the Exchequer for this free legal aid; and if he will make a statement on the matter. [31009/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Criminal Justice (Legal Aid) Act, 1962 provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. An applicant for criminal legal aid must establish to the satisfaction of the court that his/her means are insufficient to enable him/her to pay for legal aid and the court must also be satisfied that by reason of the “gravity of the charge” or “exceptional circumstances”, it is essential in the interests of justice that the applicant should have legal aid. However, where the charge is one of murder or where an appeal is one from the Court of Criminal Appeal to the Supreme Court, free legal aid is granted merely on the grounds of insufficient means. The courts, through the judiciary, are responsible for the granting of legal aid. The Deputy will appreciate that eligibility for legal aid in criminal cases is determined by the Judge hearing the case and that I have no function in this regard. The information requested by the Deputy is not readily available and a disproportionate amount of staff resources would be required to compile it. Expenditure on the Criminal Legal Aid Scheme has totalled \41.7m up to 31 August 2009. My Department is currently considering a number of measures to strengthen the provisions for the granting of criminal legal aid and I will be bringing proposals to Government in this regard as soon as possible.

Visa Applications. 643. Deputy Phil Hogan asked the Minister for Justice, Equality and Law Reform the reason that medical insurance is a requirement for visa applicants from a non-EU state; and if he will make a statement on the matter. [31015/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): At the outset, it should be borne in mind that not all non-EU citizens are required to be in possession of a valid Irish visa prior to arriving at a port of entry to the State. In cases where an individual is visa required, it is the general policy of the Irish Naturalisation and Immigration Service to advise persons proposing to enter the State on a short stay ‘visit’ visa to have secured the appropriate medical/travel insurance for the duration of the proposed stay. This is an advisory and not a mandatory requirement in order to be considered for such a visa. In such cases, the risk that the applicant presents of becoming a burden on public funds or public resources will be assessed as part of the determination process of the visa application.

270 Questions— 16 September 2009. Written Answers

The position as regards a long term stay, that is a duration exceeding 90 days differs somewhat, in that such applicants are required to have the appropriate medical insurance in place. The reason for such a requirement is that there is an onus on the applicant to satisfy the Visa Officer that they will not become a burden on public funds or public resources in the event that a long term visa is granted.

Departmental Bodies. 644. Deputy Noel Ahern asked the Minister for Justice, Equality and Law Reform the various legal panels for solicitors and barristers under the control of his Department or agencies under it remit; the process for getting on the various panels; if done annually or occasionally. [31033/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information requested by the Deputy is set out below. The Appeal Tribunal (under the Prisons Act 2007) Section 15 of the Prisons Act, 2007 provides prisoners with a right of appeal in relation to a sanction involving a loss of remission imposed by a governor arising from a breach of prison discipline. Appeals are heard by an Appeal Tribunal. The Tribunal is paid on a case by case basis. Appointment is made by the Minister for Justice, Equality and Law Reform subject to terms conditions and remuneration as he/she may determine with the consent of the Minister for Finance. The term of the Tribunal is at the discretion of the Minister for Justice, Equality and Law Reform. Appointments were made following advertisements placed in the papers by the Irish Prison Service. Members must be barristers or solicitors of at least seven years standing. The Mental Health Review Board (under the Criminal Law (Insanity) Act 2006) This statutory independent body reviews the detention of patients at “designated centres” (of which the Central Mental Hospital (CMH) is currently the only one) who have been referred there arising from a decision by the Courts that they are unfit to stand trial or found to be not guilty of an offence by reason of insanity. The Review Board has established and maintains a panel of solicitors and law firms who satisfy the necessary criteria to provide legal services in accordance with the provisions of the Criminal Law (Insanity) Act 2006. To be considered for placement on the panel, a solicitor or law firm must submit a completed application form for evaluation. The principal conditions an applicant must satisfy are the following:

1. hold a current practising certificate from the Law Society of Ireland;

2. be a practising solicitor who has had not less than three years’ experience as a practising solicitor ending immediately before application;

3. have professional indemnity insurance to cover an individual claim of up to \2.2million; and

4. comply with Tax Clearance procedures. Further information concerning the criteria for applying to join the legal representatives panel of the Mental Health (Criminal Law) Review Board is outlined on the website of Mental Health (Criminal Law) Review Board — www.mhclrb.ie — Legal Aid Scheme.

271 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.]

There are currently twenty-nine solicitors appointed to the legal representatives panel. The Review Board monitors the position on an ongoing basis. The Panel will be reviewed formally by the Review Board every three years or as considered necessary by the Review Board.

Garda Discipline Panel Regulations 25 and 34 of the Garda Sı´ocha´na (Discipline) Regulations 2007 (S.I. No. 214 of 2007) provide for the appointment by the Garda Commissioner of Presiding Officers of boards of inquiry and Chairpersons of Appeal Boards respectively. Appointees must be drawn from a panel of judges of the District Court, or practising barristers or solicitors of not less than ten years’ standing nominated by the Minister for Justice, Equality and Law Reform. In June 2007 the then Minister made the first nominations to the panel. After consultation with the President of the District Court, 10 judges were nominated to the panel. All practising barristers and solicitors of ten years standing were invited via the Bar Council and the Incorporated Law Society to apply for nomination. Following confirmation of their status by the Bar Council or Law Society respectively, the Minister nominated 250 lawyers to the panel. In June 2008 applications for nomination were sought in the same way, and I made further nominations in November 2008. There are now 351 persons on the panel, including 10 judges. Further nominations to the panel will be made as the need arises.

Private Security Authority The Private Security Authority awarded a contract to Holmes O’Malley Sexton, Solicitors, Limerick following a tendering process in December 2008. The term of the contract is for a period of three years. They provide legal advice and assistance to the Board and CEO in the exercise of their statutory functions and responsibilities.

The Legal Aid Board To assist it in fulfilling its functions under the Civil Legal Aid Act, 1995, the Legal Aid Board maintains two panels of solicitors under its Private Practitioner Scheme and also a panel of barristers under the terms of an agreement with the Bar Council. Under its Private Practitioner Scheme, the Board operates two separate panels to deal with Circuit Court and District Court cases. The existing Circuit Court Panel is in operation for three years after commencing on 1 October, 2006. The term of this panel has been extended to run to the end of this year and, pending its finalisation, new solicitors are not being considered for inclusion on the current panel. Solicitors interested in being included on a future panel should apply in writing to the Board and interviews will be conducted with the applicants with those found to be suitable being added to the panel as appropriate. The existing District Court Panel is in operation for three years after commencing on 1 May, 2008. A solicitor can now apply in writing to be added to this panel. Their application will be considered and subject to the decision of the Board, will be added to the panel if they fulfil the Board’s standard requirements, including the requirement that they hold a practising certificate, appropriate indemnity insurance and possess a current tax clearance certificate. The Legal Aid Board maintains a panel of barristers under the terms of the Bar Council Agreement with this panel in continuous operation facilitating a barrister to apply at any time to be considered for inclusion. An interested barrister should apply in the first instance by submitting an application to the Bar Council. Subject to consideration and the barrister satisfying the Board’s requirements, the Bar Council notify the Legal Aid Board and the barrister will be added to the panel as appropriate.

272 Questions— 16 September 2009. Written Answers

Any solicitors or barristers interested in being included in any of the above panels may enquire further on the matter through the Board’s Legal Services Section based in its Head- quarters in Cahirciveen.

Criminal Legal Aid Solicitors and barristers who wish to operate under the Criminal Legal Aid Scheme must be on a criminal legal aid panel as provided for in the Criminal Justice (Legal Aid) Act, 1962 and Regulations, 1965 to 2003. The barristers’ panel is maintained by my officials and each County Registrar maintains a solicitors’ panel for his/her county. Each panel lasts for one year from 1 December in any year to 30 November the following year. The procedure for barristers is that they must inform the Bar Council that they are willing to accept instruction in cases where the defendant has been granted a certificate for free legal aid by the courts. The Bar Council then informs my officials who request the Tax Clearance Certificate from the counsel before adding his/her name to the panel. Similar requirements apply to solicitors, where solicitors who hold Fitness to Practice Certificates from the Law Society apply to County Registrars to have their name included on the Solicitors’ Panel for the relevant County. They must also provide a tax clearance certificate.

Refugee Legal Service The Refugee Legal Service maintains a panel of solicitors and a panel of barristers in private practice to submit appeals, in certain cases, on behalf of legally aided asylum applicants to the Refugee Appeals Tribunal and to represent them before the Tribunal. Applications to the solicitors’ panel are made to the Legal Services Unit of the Refugee Legal Service, and applications to the barristers’ panel are made through the Bar Council to the Legal Services Unit. The Board’s website includes information for interested persons on who to contact. In both cases, applications are considered as they are received and are assessed in relation to suitable training and experience.

Data Protection Commissioner A competition is currently being conducted with a view to establishing a panel of at least three up to a maximum of five service providers with proven capacity to provide the full scope of legal services required by the Office of the Data Protection Commissioner. Full details concerning this competition can found in the notice that was published on www.etenders.gov.ie on 2 September, 2009.

The Equality Tribunal The Equality Tribunal has an in-house Solicitor who provides the Director with specialist legal advices. Barristers are engaged on an occasional, specialist and case-by-case basis. There is no formal panel in place for such engagements as the work is highly specialised. Practitioners are briefed by the Legal Advisor on the basis of their specialist knowledge and availability.

The Irish Human Rights Commission The Irish Human Rights Commission has no legal panel for solicitors. It has a legal panel for barristers which was established in 2004 at which time it placed notices in the Law Library asking counsel with human rights expertise to forward CVs to the Commission and address certain criteria. A panel was then established which has been updated over time. The process

273 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] for getting onto this panel involves a barrister sending a CV to the Commission and setting out why they wish to be placed on the Commission’s panel.

Office of the Refugee Applications Commissioner A Presenting Panel of legally qualified persons was established by the Office of the Refugee Applications Commissioner in early 2009 to represent the Commissioner at appeals hearings before the Refugee Appeals Tribunal. A competition was conducted in 2008 to select suitable candidates for placement on the Panel. The competition was advertised in national daily newspapers in October 2008. In addition, details of the competition were supplied to the Bar Council and Law Society of Ireland. Furthermore, detailed information and the relevant application form were uploaded to the website of the Office of the Refugee Applications Commissioner (www.orac.ie) on 2 October, 2008. Following a short-listing process and interviews the Panel was established. It is not proposed at the present time to form another Presenting Panel as the work of the present Panel is not completed.

Garda Strength. 645. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of gardaı´ who have departed the force (details supplied) on a monthly basis to date in 2009; the same figures in respect of 2008; and if he will make a statement on the matter. [31037/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Authorities that the number of departures from the Force in 2008 and January — July 2009 was as set out in the attached tables:

274 Questions— 16 September 2009. Written Answers 2008 Departures from the Force 2009 Departures from the Force 01001002 130221514 10022005 212213011 01120004 00020103 11132301021116 63711521322235 31021042171123 22110211000010 01001102230111 0000000000000 Category Jan Feb Mar Apr May Jun Jul Totals Category Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Totals Dismissals Compulsory Retirements Voluntary RetirementsResignations Medical Discharges Deaths Dismissals 12Resignations in Lieu of Totals 6 33 17Compulsory Retirements Voluntary 14 RetirementsResignations Medical Discharges 24 20Deaths Dismissals 14Resignations 8 in Lieu of Dismissals Totals 42 2 24 54 17 19 26 31 14 19 15 29 83 9 240 64 60 21 40 46 20 23 34 66 86 335 59 74 349 52 71 64 388

275 Questions— 16 September 2009. Written Answers

Prison Accommodation. 646. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prisoners, broken down by prison, who are being accommodated in cells exceeding their limit; and if he will make a statement on the matter. [31038/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): On 15 September, 2009 there were 3,895 prisoners in custody compared to a bed capacity of 3,947. This represented a 99% occupancy rate. The following table provides a breakdown of the population of each prison/place of detention on 15 September, 2009:

Prison/Place of Detention Bed Capacity No. of prisoners held in custody

Arbour Hill Prison 148 156 Castlerea Prison 351 368 Cloverhill Prison 431 431 Cork Prison 272 298 Do´ chas Centre 85 104 Limerick Prison (male) 290 295 Limerick Prison (female) 20 29 Loughan House 150 128 Midlands Prison 516 521 Mountjoy Prison (male) 590 591 Portlaoise Prison 240 121 Shelton Abbey 100 93 St. Patrick’s Institution 217 222 Training Unit 107 108 Wheatfield Prison 430 430

Total 3,947 3,895

As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody. Consequently it is not operationally practical to set limits for the number of prisoners held within the prison system. There are contingency plans in place in all of our prisons to deal with peak population numbers. This Government has been engaged in a major prisons capital programme which has seen 1400 additional spaces introduced over the last 12 years, including Castlerea, Cloverhill, Limerick, the Midlands and the Do´ chas Centre. A new 100 space accommodation block recently opened in Castlerea. Furthermore, current projects will also provide the potential for an additional 450 prison spaces during 2009 by means of:

• a new block in Portlaoise Prison which will have the potential to accommodate approximately 200 prisoners;

• a new block in Wheatfield which will also have the potential to accommodate approximately 200 prisoners;

• opening the separation unit in Mountjoy Prison which will have the potential to accommodate 50 prisoners.

647. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the revised projections received by him from the Irish Prison Service of prisoner numbers and 276 Questions— 16 September 2009. Written Answers capacity for 2009, 2010, 2011 and 2012; and if he will make a statement on the matter. [31039/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As the Deputy will recall in my answer to him on this subject on the 12th of May this year, the Irish Prison Service has engaged the University of Limerick to compile a projection of prisoner numbers. This study will serve to inform both my Department and the Irish Prison Service on matters relevant to the prisons estate in the future. The project is continuing and its findings are awaited.

Small Claims Procedure. 648. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform his views on an issue (details supplied) regarding the small claims court; and if he will make a statement on the matter. [31041/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Small Claims procedure is an alternative method of commencing and dealing with a civil proceeding in respect of a small claim (under \2000). The procedure is laid out in the District Court (Small Claims Procedure) Rules, 1997 & 1999. The service is provided by District Court offices and is designed to handle consumer claims cheaply without the need to engage legal representation. It provides a useful cost effective service for consumers. The types of claims dealt with under the procedure are:

• a claim for goods or services bought for private use from someone selling them in course of a business;

• a claim for minor damage to property (but excluding personal injuries);

• a claim for the non-return of a rent deposit for certain kinds of rented properties.

However, the administrative manner in which claims are handled means not every type of case is suitable for inclusion. Excluded from the procedure are claims arising from:

• a hire-purchase agreement;

• a breach of a leasing agreement;

• debts.

I am currently considering proposals to extend the small claims procedure to businesses in certain circumstances which I hope to be in a position to finalise as soon as possible.

Firearms Licences. 649. Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform if the provisions of the Criminal Justice (Miscellaneous Provisions) Act 2009 have been implemented; if his attention has been drawn to employment implications that have arisen since the Bill was enacted; when new gun licences will be issued to law abiding citizens; and if he will make a statement on the matter. [31044/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): All of the sections on firearms contained in Part 4 of the Criminal Justice (Miscellaneous Provisions) Act 2009 have been commenced with the exception of the prohibition on the personal importation of firearms. This measure will be addressed in the coming months in tandem with the transposition

277 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] of the new EU Weapons Directive. In addition, the outstanding firearms related sections of the Criminal Justice Act 2006 have also been commenced. As the Deputy will appreciate, in my role as Minister for Justice, Equality and Law Reform, my main priorities in relation to firearms are public safety and the control of firearms. The two Acts already mentioned, which were debated extensively by the Oireachtas, introduce a range of measures in relation to firearms licensing such as the requirement that applicants have provided secure accommodation for their firearms, that they prove their identity, provide the names of two referees and give consent to medical enquiries though such enquiries will only be made where necessary. A major aspect of these reforms is the introduction of a new three year licence to replace the old one year licence, where all firearms certificates expired each year, on 31 July. To manage the transition phase, the Criminal Justice (Miscellaneous Provisions) Act contained a provision to extend the certificates which would have normally expired on 31 July 2009. These licence extensions range from three to eleven months and the Garda Commissioner wrote to each licence holder to inform the holder of the extension he had been granted. The shortest of these extensions will expire on 31 October 2009. Because of the new arrangements, the ‘one year licence’ no longer exists and consequently could not be issued during the months of August or September. Prospective applicants, however, can apply for the new three year licenses and the first of these will issue in the coming weeks. The Garda Commissioner recently published on the Garda website ‘Guidelines as to the Practical Application and Operation of the Firearms Acts, 1925-2009’ and I believe these guidelines will prove invaluable in assisting members of the Garda Sı´ocha´na and the public alike by bringing clarity and transparency to firearms licensing.

Residency Permits. 650. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31065/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The two visa applications referred to by the Deputy were received in the Visa Office, Dublin on the 29 April 2009. Both were refused by the Visa Officer on 25 May 2009 for the following reasons:

1. The evidence of finances submitted was deemed insufficient, further no details as regards the account holder were evident on the documentation submitted;

2. There was insufficient documentation submitted in support of the application in that there was no birth certificates for the applicants submitted. There was no documentation submitted verifying that the father has been granted full custody of the applicants. Further there was no written consent from the mother or a copy of her passport for verification of signature.

The applicants lodged appeals which were received in the Visa Office, Dublin on the 17 August 2009. Both decisions of the Visa Officer were upheld by the Appeals Officer on 14 September 2009. Only one appeal per application is allowed. The only option now available to the applicants is to make a fresh visa application.

651. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31066/09]

278 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

652. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31067/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State under the IBC/05 Scheme and that this permission is currently valid until 25 October, 2010. Permission to remain under the IBC/05 Scheme is subject to the condition that the granting of such permission does not confer any entitlement or legitimate expectation on any other person, whether related to the applicant or not, to enter or remain in the State. It is open to all non-Irish nationals, who are resident outside the State, and who are visa- required to enter the State, to apply to their nearest Irish Embassy or Consulate for an entry visa. Comprehensive guidelines on making a visa application can be found on www.inis.gov.ie.

653. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31068/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

654. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [31069/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for long term residency from the person concerned was received in my Department on 3 August 2007. Officials in the Long Term Residency Section inform me that a letter issued to the applicant’s solicitor on 10 September 2009 requesting further documents. Once this documentation has been received, processing of the application will continue.

655. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding family reunification in the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [31070/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the person in question was granted permission to remain in the State in September 2000 under the arrangements then in place for the non-EEA parents of Irish citizen children. The person concerned currently has permission to remain until September 13, 2010. The person concerned is not entitled to make an application for family reunification. If a family member of the person concerned resident outside the State and who is visa-required to enter the State wishes to enter the State, a visa application may be made to the nearest Irish Embassy or Consulate. Comprehensive guidelines on making a visa application can be found on www.inis.gov.ie.

279 Questions— 16 September 2009. Written Answers

Asylum Support Services. 656. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Cork can transfer to self-catering accommodation; and if he will make a statement on the matter. [31071/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Reception and Integration Agency (RIA) of my Department that the family referred to in the details supplied are currently availing of direct provision accommodation at Millstreet accommodation centre, Millstreet, County Cork. The RIA is satisfied that the accommodation provided satisfies the requirements of the family.

Residency Permits. 657. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency status in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31072/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 128 of Thursday, 26 February 2009 and the written Reply to that Question. The person concerned applied for asylum on 2 February 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 September 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned and these representations 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.

658. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31073/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the person to whom he refers was granted permission to remain in the State, as an exceptional measure, until 19 May, 2012. The person concerned was informed of this decision by letter on 19 May, 2009.

659. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position in the matter of residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31074/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned claimed asylum in the State on 11/04/2001 and had his claim examined by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, following which

280 Questions— 16 September 2009. Written Answers it was recommended that he should be recognised as a refugee. Based on this recommendation, the person concerned was advised of my decision to issue him with a formal declaration of refugee status by letter dated 07/05/2003. This communication also advised the person concerned of the rights and entitlements accompanying refugee status in the State. The person concerned continues to hold the status of refugee in the State.

660. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31075/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 395 of Tuesday, 9 June 2009, and the written Reply to that Question. The person concerned applied for asylum on 14 July 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16 May 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 a Deportation Order should not be made against him. Representations were received from the person concerned at that time. 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 consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

661. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [31076/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 31 August 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 11 February 2009, that the Minister proposed to make a Deportation Order in

281 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] 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 a Deportation Order should not be made against her. 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 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Visa Applications. 662. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for family reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31077/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that a decision was made in relation to the case referred to by the Deputy and the person concerned was informed of this in writing on 11 September 2009.

Asylum Applications. 663. 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 8; and if he will make a statement on the matter. [31078/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 24 May 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 7 May 2009, 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 a Deportation Order should not be made against her. 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).

282 Questions— 16 September 2009. Written Answers

The 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Visa Applications. 664. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31079/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned has been granted temporary Leave to Remain in the State for a one year period to 26 August 2010. This decision was conveyed to the person concerned by letter dated 26 August 2009.

Asylum Applications. 665. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [31080/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 16 December 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 9 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 Order or of making representations to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits. 666. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform

283 Questions— 16 September 2009. Written Answers

[Deputy Bernard J. Durkan.] 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. [31081/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for long term residency was received in my Department from the person in question on 2 September 2008. I am pleased to inform the Deputy that the person concerned has been granted long term residency. A letter informing him of this issued on 4 September 2009.

667. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [31082/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for long term residency was received in my Department from the person in question on 27 November 2007. Officials in the Long Term Residency Section inform me that processing of this application has commenced and a decision is expected in the coming months.

668. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cavan; and if he will make a statement on the matter. [31083/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for long term residency from the person concerned was received in my Department on 2 September 2008. Officials in the long term residency section of my Department inform me that files received in February 2008 are currently being processed. It is likely, therefore, that further processing of the application will commence in the coming months. The person in question will be contacted as soon as a decision is reached on the application.

669. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31084/09]

670. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31085/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 669 and 670 together. I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department, that the married couple referred to by the Deputy are both students in the State and are both stamped in accordance with their current activity in the State. I have also been informed that INIS have not received any application for leave to remain in the State from the persons concerned. They should be advised to write to the General Immigration Division of INIS, which is located at 13-14 Burgh Quay, Dublin 2 providing full details and documentation of their future plans to stay in Ireland in order for the matters to be considered further.

Visa Applications. 671. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for family reunification in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31086/09]

284 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to my detailed Reply to his previous Parliamentary Question, No. 274 of Tuesday, 31 March, 2009, in this matter. The position in the State of the person concerned is as set out in that Reply.

Citizenship Applications. 672. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for naturalisation in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [31087/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no record of an application for naturalisation having been made by the person concerned.

Residency Permits. 673. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31088/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the person to whom he refers was invited, in September 2008, to submit representations under section 3 of the Immigration Act, 1999, outlining the reasons as to why a Deportation Order should not be made in respect of him. Representations in this regard have been received by my Department and are being assessed by the relevant officials. The person concerned will be contacted directly and notified of any decision made regarding his status in the State in due course.

674. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No.389 of 22 April 2009, whether a copy of information sought by Irish Naturalisation and Immigration Service can be forwarded to a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [31089/09]

702. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [31117/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 674 and 702 together. There is currently no application pending in my Department in the case of the person whose details were supplied. No details were supplied by the Deputy with Parliamentary Question No. 389 of 22 April 2009. This was the information sought by INIS from the Deputy at the time.

Asylum Support Services. 675. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will consider a further transfer to accommodation in Dublin in the case of a person (details supplied) in County Laois having particular regard to humanitarian and medical grounds and their need to be in Dublin for ongoing hospital appointments; and if he will make a statement on the matter. [31090/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Reception and Integration Agency (RIA) of my Department that the person referred to in the details supplied requested, in June 2009, a transfer from St. Patrick’s Accommodation

285 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] Centre in Monaghan to a centre nearer Dublin, on medical grounds. A transfer to The Mon- tague Accommodation Centre in Laois was offered and accepted and the person transferred there in early July. No further transfer is envisaged.

Residency Permits. 676. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31091/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 5 March 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 30 November 2005, 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 a Deportation Order should not be made against her. Representations were submitted on behalf of the person concerned at that time. The person concerned was later notified, by letter dated 19 February 2008, of her entitlement to make 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). She was also invited to update her earlier representations to the Minister. Updated representations have been received on behalf of the person concerned as has an application for Subsidiary Protection in the State. The application for Subsidiary Protection 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 application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

677. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31092/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There is currently no application pending in my Department for residency in the case of the person whose details were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

678. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31093/09]

286 Questions— 16 September 2009. Written Answers

Refugee Status. 679. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for refugee status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31094/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 2 February 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31 August 2009, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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 15 working day period referred to in my Department’s letter of 31 August 2009 expires on 21 September 2009. It is open to the person concerned to make representations and/or apply for Subsidiary Protection within that period. In any event, a final decision on this case will not be made prior to the expiry date referred to.

Citizenship Applications. 680. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for citizenship in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [31095/09]

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 Division of my Department in May 2007. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application is in the final stages and the file will be submitted to me for a decision in due course. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the

287 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Visa Applications. 681. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position 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. [31096/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

Residency Permits. 682. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31097/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 9 May 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 31 August 2007, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Visa Applications. 683. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position 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. [31098/09]

288 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no record of an application for Family Reunification having been made by or on behalf of the person concerned.

684. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for reunification in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31099/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): My Department has no record of an application for Family Reunification having been made by or on behalf of the persons concerned.

Residency Permits. 685. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31100/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for long term residency was received in my Department from the person in question on 16 May 2008. Officials in the Long Term Residency Section inform me that processing of this application has commenced and a decision is expected in the coming months.

686. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [31101/09]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Curran): The person concerned applied for asylum on 7 July 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, 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 a Deportation Order should not be made against him. Representations were submitted by the person concerned at that time. 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 consideration of this application has been completed, the person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

289 Questions— 16 September 2009. Written Answers

Asylum Applications. 687. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for asylum in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31102/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 6 September 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 24 June 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

688. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for asylum in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31103/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 26 July 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 5 March 2008, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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 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 person concerned will be notified in writing of the outcome.

290 Questions— 16 September 2009. Written Answers

In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits. 689. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31104/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 1 February 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Residency Permits. 690. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31105/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 3 January 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 29 June 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

291 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] to the Minister setting out the reasons why a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned. The position in the State of the person concerned will now be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

691. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31106/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): An application for long term residency was received in my Department from the person in question on 24 May 2007. Officials in the Long Term Residency Section inform me that processing of this application has commenced and a decision is expected in the coming months.

Deportation Orders. 692. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the decision to deport in the case of a person (details supplied) in Dublin 22 in view of the fact that the circumstances have changed since the original decision; and if he will make a statement on the matter. [31107/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to the Reply to Parliamentary Question No. 222 of Thursday, 3 April 2008. The status of the person concerned remains as set out in that Reply. The person concerned continues to meet the presentation requirements of the Garda National Immigration Bureau (G.N.I.B.) in accordance with Section 8(1)(b) of the Immigration Act 1999, as amended. He is due to present again on 17 September 2009. I am satisfied that the applications made by the person concerned for asylum and for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport him is justified. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The enforcement of the Deportation Order is, and remains, an operational matter for the GNIB.

Citizenship Applications. 693. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding citizenship status in the case of a person (details supplied) in Dublin 7 who is resident here since 1995; and if he will make a statement on the matter. [31108/09]

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 last received in the Citizenship Division of my Department in June 2009. On examination of the application submitted it was determined that the application in its entirety be returned to the person concerned for further attention on 23 June, 2009. In order to be fair to all applicants, only valid applications can be considered. It is open to the person in question to re-submit the application to the Citizenship Division of my Department at anytime.

292 Questions— 16 September 2009. Written Answers

Residency Permits. 694. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the residency status in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31109/09]

Citizenship Applications. 695. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31110/09]

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 Division of my Department in December 2007. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. However, I understand that the person concerned is a refugee. In accordance with the Government’s obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

696. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [31111/09]

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 Division of my Department in December 2007. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. However, I understand that the person concerned is a refugee. In accordance with the Government’s obligations under the United Nations Convention relating to the Status of Refugees, every effort is made to ensure that applications from persons with refugee status are dealt with as quickly as possible. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the

293 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Residency Permits. 697. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 22; and if he will make a statement on the matter. [31112/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to Parliamentary Question No. 667 of Tuesday, 27 January 2009, and the written Reply to that Question. The person concerned applied for asylum on 1 December 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Com- missioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of her asylum application, and 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 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 Mini- ster setting out the reasons why a Deportation Order should not be made against her. Representations have been submitted on behalf of the person concerned and these representations 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. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Citizenship Applications. 698. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for citizenship in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31113/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Officials in the Citizenship Division of my Department inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy’s Question.

Residency Permits. 699. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [31114/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the person concerned was granted permission to remain in the State in July 1999 under the arrangements then in place for the non-EEA parents of Irish citizen children. The permission granted was for an initial period of twelve months. The most recent renewal of the permission to remain granted to the person in question expired on 1 September, 2008 and the renewal of same is a matter for the Garda National Immigration Bureau, 13/14 Burgh Quay, Dublin 2.

294 Questions— 16 September 2009. Written Answers

700. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31115/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 3 August 2006. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 30 March 2007, 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 a Deportation Order should not be made against him. In addition, he was notified of his 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 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

701. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31116/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person concerned made an application for residency in October 2008. The General Immigration Division of INIS wrote to the person in question on 7 July 2009 and 29 July 2009 requesting further information and documentation. To date this information and documentation has not been received.

Question No. 702 answered with Question No. 674.

703. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31118/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned, accompanied by her then infant son, applied for asylum on 19 September 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum

295 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] application was refused following consideration of her case by the Office of the Refugee Appli- cations Commissioner and, on appeal, 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 24 June 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 Deportation Orders or of making representations to the Minister setting out the reasons why she and her child should not have Deportation Orders made against them. Representations were received from the person concerned at that time. Following consideration of the cases of the person concerned and her child, 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, Deportation Orders were signed by the Minister on 25 January 2006 in respect of the person concerned and her child. These Orders were formally served by registered post dated 7 February 2006. Further representations were subsequently received on behalf of the person concerned and these were duly considered following which the Minister decided to affirm the Deportation Orders in respect of the person concerned and her son. This position was communicated to the person concerned by letter dated 4 April 2007. The person concerned also sought to be re- admitted to the asylum process in accordance with the provisions of Section 17(7) of the Refu- gee Act 1996 (as amended). Following consideration of this application, the application was refused and this refusal decision was conveyed in writing to the person concerned by letter dated 12 March 2007. The person concerned subsequently sought to be enabled to submit an application for Sub- sidiary Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). Following consideration of this request, a decision was taken to permit the person concerned to lodge such an application, a position conveyed to the person concerned by letter dated 18 October 2007. The person concerned has submitted an application for Subsidiary Protection in the State, on behalf of herself and her child, 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. The person concerned, and her child, remain the subject of Deportation Orders. However, the Deputy can be assured that no steps will be taken to enforce these Orders pending the determination of the application for Subsidiary Protection in the State. In the meantime, however, the person concerned must comply with any reporting requirements placed on her by the Garda National Immigration Bureau (GNIB).

704. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [31119/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that permission to remain in the State was granted to the person concerned under the IBC/05 Scheme during 2005. This permission was renewed in May 2007 and is currently valid until 23 May, 2010.

705. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the status of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [31120/09]

296 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to inform the Deputy that the mother of the person in question has permission to remain in the State, under the IBC/05 Scheme, until 21 January, 2010. Following an application received from the person concerned, she was granted permission to remain in the State in line with that granted to her mother, and was informed of that decision in April 2008.

706. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31121/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned has been granted temporary Leave to Remain in the State for a one year period to 23 July 2010. This decision was conveyed to the person concerned by letter dated 23 July 2009.

707. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding an application for residency in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [31122/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned has been granted temporary Leave to Remain in the State for a one year period to 16 June 2010. This decision was conveyed to the person concerned by letter dated 17 June 2009.

708. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for leave to remain in the State in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [31123/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Immigration Services Section of the Irish Naturalisation and Immigration Service (INIS) informs me that a letter issued on 31 August 2009 to the person in question granting her permission to remain in the State on the basis of her marriage to an Irish national for an initial period of twelve months. This permission becomes operative when the applicant registers with the Garda National Immi- gration Bureau.

709. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31124/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 4 September 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refu- gee Appeals Tribunal. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 14 October 2008, 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 a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for Subsidiary

297 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] Protection in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status. 710. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a travel document will issue in the case of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [31126/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Irish Naturalis- ation and Immigration Service (INIS) informs me that the person in question was refused Refugee Status in 2004 and is therefore not entitled to be issued with an Irish Travel Document. The person concerned was granted temporary permission to remain in the State on 7 February 2008, for 3 years until 11 January 2011. As the person in question is a national of the Demo- cratic Republic of Congo it is advisable for him to seek consular assistance from his own national authorities in relation to the procurement of a passport or temporary travel document to facilitate travel in order to obtain same. In exceptional cases an application for Irish temporary travel document may be considered. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. An application for an Irish temporary travel document will only be considered by the Immi- gration Services Section in INIS on receipt of a fully completed application form. Supporting documentation accompanying any such application should include original correspondence from the relevant consular authority outlining the steps necessary to be followed by the person to facilitate the procurement of a DRC national passport if their presence is required outside the State. I am informed by the Immigration Services Section of INIS that an application for a temporary travel document was refused on 31 March 2009 in respect of the person in question as the application received was not accompanied with the requisite original correspondence from his own consular authorities. It remains open to the person in question to submit a new application for a temporary travel document accompanied with the relevant supporting documentation to the Travel Document Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2

Residency Permits. 711. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31127/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There is currently no application pending in my Department for residency in the case of the person whose details

298 Questions— 16 September 2009. Written Answers were supplied. If an application for asylum has been made by the person concerned, the Deputy should note that it is not the practice to comment in detail on individual asylum applications.

712. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [31128/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The person concerned applied for asylum on 31 October 2007. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was advised of her entitlement to appeal this determination to the Refugee Appeals Tribunal but she did not do so. Arising from the refusal of her asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 13 May 2008, 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 a Deportation Order should not be made against her. 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 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. Any representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Refugee Status. 713. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when a green card or travel document will issue to a person (details supplied) in County Dublin who has been granted leave to remain here; and if he will make a statement on the matter. [31129/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Irish Naturalis- ation and Immigration Service (INIS) advises me that while the person in question was refused refugee status following appeal, he was recently, as an exceptional measure granted temporary permission to remain in the State for one year until 25 June 2010. He is now required to register with the Garda National Immigration Bureau. One of the requirements for registration is the production of a valid national passport. As the person in question is a national of the Demo- cratic Republic of Congo it is advisable for him to seek consular assistance from his own national authorities in relation to the procurement of a passport in the event that he is not in possession of one or a temporary travel document to facilitate travel in order to obtain same.

299 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] In exceptional cases an application for Irish temporary travel document may be considered. In all such cases, INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. An application for an Irish temporary travel document will only be considered by the Immi- gration Services Section in INIS on receipt of a fully completed application form. Supporting documentation accompanying any such application should include original correspondence from the relevant consular authority outlining the steps necessary to be followed by the person to facilitate the procurement of a DRC national passport if their presence is required outside the State. It remains open to the person in question to submit an application for a temporary travel document accompanied with the relevant supporting documentation to the Travel Docu- ment Unit of INIS which is located at 13-14 Burgh Quay, Dublin 2.

Residency Permits. 714. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an application for residency in the case of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [31130/09]

715. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform he position of an application for residency in the case of a person (details supplied) in County Roscommon. [31131/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 714 and 715 together. The person concerned applied for asylum on 4 July 2003. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 16 November 2007, 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 a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protec- tion in the State in accordance with the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006). The 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 person concerned will be notified in writing of the outcome. In the event that the application for Subsidiary Protection is refused, the position in the State of the person concerned will then be decided by reference to the provisions of 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. All representations submitted will be considered before the file is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

300 Questions— 16 September 2009. Written Answers

Refugee Status. 716. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the position of an appeal in the case of a person (details supplied) in County Meath who has been refused refugee status; if his attention has been drawn to the fact of the political situation in their country of origin; if his further attention has been drawn to the threat to their well- being in the event of deportation; if full regard has been had for same entitlements under international law in such situations; and if he will make a statement on the matter. [31132/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I refer the Deputy to his previous Parliamentary Question, No. 286 of Tuesday, 28 April 2009, in this matter. The person concerned applied for asylum on 15 March 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the individual concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Arising from the refusal of his asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned was notified, by letter dated 17 October 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 a Deportation Order should not be made against him. Representations have been received on behalf of the person concerned. By letter dated 20 February 2008, the person concerned was notified of his 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 person concerned submitted an application for Subsidiary Protection in the State in accordance with these Regu- lations 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. The Deputy might wish to note that the refoulement consideration will include a detailed assessment of the prevailing political and human rights conditions in the country of origin of the person concerned. When this overall consideration has been completed, the case file of the person concerned is passed to me for decision. Once a decision has been made, this decision and the consequences of the decision will be conveyed in writing to the person concerned.

Prison Staff. 717. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform if he will confirm if there is to be an exemption on the embargo on recruitment to the Prison Service in the near future; and if he will make a statement on the matter. [31207/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to advise the Deputy that the Irish Prison Service is not exempt from the operation of Government Decision S180/20/10/0964C of 3 February and 24 March 2009 on the implementation of savings measures on public service numbers, more generally referred to as the moratorium on public sector recruitment. However, the terms of the moratorium provide that in exceptional circumstances recruitment may take place with the approval of the Minister for Finance. I am pleased

301 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] to inform the Deputy that the Minister for Finance on 31 July 2009 approved the recruitment of 40 Recruit Prison Officers. These Recruit Officers reported for duty to the Prison Service Training & Development Centre on 24 August 2009.

Garda Retirement. 718. Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the level of retirements notified to An Garda Sı´ocha´na for the period 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [31209/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the number of Gardaı´ who have retired from the Force, both voluntarily and on age grounds, as at 31 December 2007 and 2008 and to-date in 2009 was as follows:

Year Number

2007 184 2008 259 2009 351

Garda Deployment. 719. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform if he will respond to a query (details supplied). [31218/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the areas referred to by the Deputy are covered by Clontarf and Whitehall Garda Stations. The personnel strength of these stations, as at the latest date for which figures are readily available, was as set out in the following table:

Station Strength Community Gardaı´

Clontarf 81 7 Whitehall 52 5

Departmental Staff. 720. Deputy Niall Collins asked the Minister for Justice, Equality and Law Reform if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31232/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I can inform the Deputy that in accordance with Department of Finance guidelines, Civil Servants, as a general rule, should not receive additional remuneration for undertaking other duties in the public service such as serving as members of boards of agencies. However, the guidelines also stipulate that additional payments may be permitted for undertaking other work, subject to Department of Finance sanction in each case, if each of the following conditions is met: 302 Questions— 16 September 2009. Written Answers

(1) that the duties involved are neither a part nor an extension of the officer’s normal duties, and

(2) that a rigid insistence on the principle of one person-one salary would deny scarce skills to the State, and

(3) that payment is permitted for one additional appointment only, and

(4) that in no case should payment exceed the normal fee for the activity concerned, and

(5) that the duration of such payment should be limited to one term or 5 years whichever is greater.

Officials of my Department are members of the following boards for which they receive remuneration:

• The Parole Board (1 member)

• The Legal Aid Board (1 member)

• Courts Service Board (1 member)

All fees and expenses are paid in accordance with regulations. The Deputy should also note that there are other officials who are members of boards/agencies and not in receipt of remuneration.

Question No. 721 answered with Question No. 624.

Garda Stations. 722. Deputy Paul Kehoe asked the Minister for Justice, Equality and Law Reform the position with regard to unmanned Garda stations; if the Garda authorities will put fixed times for opening in order that the public in an area would know exactly when they could visit to get documents signed or talk to their local garda; and if he will make a statement on the matter. [31293/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have requested the information sought by the Deputy from the Garda Commissioner. I will write to the Deputy directly when this information is to hand.

Garda Strength. 723. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of vacancies for sergeants in the western region Garda division; when these vacancies are to be filled in tabular form; and if he will make a statement on the matter. [31307/09]

724. Deputy John O’Mahony asked the Minister for Justice, Equality and Law Reform the number of vacancies for superintendents in the western region Garda division; when these vacancies are to be filled in tabular form; and if he will make a statement on the matter. [31309/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 723 and 724 together. The personnel strength for the Western Region Garda Division, as at the latest date for which figures are readily available, included 23 at Superintendent rank and 213 at Sergeant

303 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] rank. This compares with 23 at Superintendent rank and 218 at Sergeant rank at the end of January of this year. A vacancy has recently arisen at superintendent rank in the Western Region. The Commissioner will now be considering how best to address this and other vacancies elsewhere in the Force in the context both of the existing resources available to him and of the need to make an exceptional case for the lifting of the general moratorium on promotions in any particular cases.

Citizenship Applications. 725. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of qualified stateless persons who applied for and obtained naturalisation or citizenship in each of the past five years to date in 2009; and if he will make a statement on the matter. [31312/09]

735. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the criteria applied by his Department in the determination of the category known as stateless person with particular reference to the eligibility of this category of applicant for citizenship; and if he will make a statement on the matter. [31322/09]

736. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of applicants for naturalisation who presented as stateless persons in each of the past five years to date in 2009; the number who qualify for and were approved for citizenship under this heading; the degree to which established criteria determining the category of state- lessness was established; and if he will make a statement on the matter. [31323/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to takes Questions Nos. 725, 735 and 736 together. The number of qualified Stateless persons who applied for and obtained naturalisation in the past five years is one. The Irish Nationality and Citizenship Acts 1956 to 2004 define a Stateless person as being ‘within the meaning of the United Nations Convention relating to the Status of Stateless Persons of the 28th day of September, 1954’. The definition of a ‘Stateless Person’ as outlined under this Convention is ‘a person who is not considered as a national by any State under the operation of it’s law’.Every application for a certificate of naturalisation is dealt with on an individual basis, if the applicant claims to be stateless then the citizenship laws of the country of origin, country of birth and any other country that may be involved are examined to determine whether the applicant is entitled to citizenship. It is only after these checks are completed will a determination on the nationality of the applicant be made. This assessment does not take place in cases where the application is ineligible or refused. The Irish Nationality and Citizenship Act, 1956, as amended, applies to all applicants for a certificate of naturalisation and provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must:

• be of full age;

• be of good character;

• have had a period of one year’s continuous residency in the State immediately before the date of application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years;

304 Questions— 16 September 2009. Written Answers

• intend in good faith to continue to reside in the State after naturalisation;

• have made, either before a Judge of the District Court in open court or in such a manner as the Minister for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

In the context of naturalisation, certain periods of residence in the State are excluded. These include:

• periods of residence in respect of which an applicant does not have permission to remain in the State;

• periods granted for the purposes of study;

• periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act, 1996.

The number of applicants who presented as Stateless persons in the last 5 years is 23. Of these, 5 applications were approved, with 2 of the applicants determined to have a nationality other than Stateless, while 11 applications are pending a decision.

Public Order Offences. 726. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of reported incidents of anti-social behaviour reported to each of the Garda stations throughout County Kildare in the past 12 months; the extent to which proceedings were initiated thereafter; and if he will make a statement on the matter. [31313/09]

Garda Operations. 727. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of cases in respect of which the Criminal Assets Bureau has seized the assets of those involved in criminal activity; the number of cases pending; the number that have been resolved by agreement; the number currently contested; and if he will make a statement on the matter. [31314/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): As is required by Section 21 of the Criminal Assets Bureau Act 1996, the Chief Bureau Officer is required to present me with an Annual Report of the activities of the Criminal Assets Bureau. Since the establishment of the Bureau twelve such reports have been published. The specific statistics sought by the Deputy are not readily to hand and would require the expenditure of an inordinate amount of time and resources to collate. However, each Annual Report of the Criminal Assets Bureau provides other detailed statistics, including the number of applications made by the Bureau under the various provisions of the Proceeds of Crime Act, the Tax Code, the Social Welfare Code and the Criminal Code. The Annual Report is a publicly available document and is published on the Department’s website at www.justice.ie. The Annual Reports are also laid before the Houses of the Oireachtas.

305 Questions— 16 September 2009. Written Answers

Crime Levels. 728. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the statistics on crimes committed by persons while on bail with particular reference to members of known criminal gangs in each of the past four years to date in 2009; and if he will make a statement on the matter. [31315/09]

730. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of persons known to the gardaı´ as being involved in criminal gangland activities who are currently on bail; the number of such persons who have been charged with homicides or grievous bodily harm; and if he will make a statement on the matter. [31317/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 728 and 730 together. The Garda Sı´ocha´na Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Garda Equipment. 729. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which the most modern communications technology is now available to gardaı´ at all Garda stations; and if he will make a statement on the matter. [31316/09]

753. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if digital radio is available to An Garda Sı´ocha´na on a national basis; and if not available on a national basis, the number of gardaı´ who have access to digital radio. [31407/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 729 and 753 together. The rollout of the National Digital Radio System to the Garda Sı´ocha´na commenced on a phased basis on 16th June, 2009. I am informed by Garda authorities that all Divisions within the Dublin Metropolitan Region were successfully migrated to the new system during July of this year. The next phase of rollout in the Eastern Region is now under way and is expected to be completed by the end of the year. I am further advised that a total of 5,904 Gardaı´ have access to the new digital radio service at this stage of the rollout. Nationwide rollout of the radio system is on schedule for completion by the second Quarter of 2011. In the meantime Garda authorities will continue to maintain the existing radio infrastructure as required in areas not yet covered by the new system.

Question No. 730 answered with Question No. 728.

Organised Crime. 731. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of criminal gang leaders or principals that have so far been detained or charged on foot of 2009 legislation; and if he will make a statement on the matter. [31318/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Criminal Justice (Amendment) Act 2009 sends out a clear message to those involved in criminal gangs that the Government will tackle them head on. Among the key provisions included in this Act are:

306 Questions— 16 September 2009. Written Answers

1. That all organised crime offences are scheduled offences for the purpose of the Offences Against the State Act so that they will be tried in the Special Criminal Court unless the Director of Public Prosecutions directs otherwise;

2. The creation of a new offence of directing or controlling a criminal organisation which carries a maximum sentence of life imprisonment;

3. The maximum penalty for the offence of participation or involvement in organised crime has been increased from 5 years to 15 years imprisonment;

4. With regard to all organised crime offences the Court will be enabled to draw inferences from failure to answer questions, failure to account for movements, actions, activities or associations;

5. The penalty for intimidation of a witness or juror has been increased from 10 years to 15 years imprisonment.

The Government is committed to ensuring that the criminal law is effectively implemented and that the administration of justice is not interfered with through the intimidation of juries and witnesses. This new legislation provides the State with the measures to put these criminals in prison for long periods and help rid society of the scourge of organised crime gangs. The Criminal Justice (Surveillance) Act 2009 provides a legal framework to allow covert surveillance material to be used in criminal trials. This Act provides a statutory framework for the operation of secret electronic surveillance to combat serious crime, as well as subversive and terrorist threats against the security of the State and builds in safeguards into its authorisation, duration and operation. The provisions of the Act include the admissibility as evidence of information obtained as a result of surveillance in criminal proceedings. Multi-agency approaches have been and continue to be used where all of the National Units from National Support Services i.e. National Bureau of Criminal Investigation, Criminal Assets Bureau, Garda Bureau of Fraud Investigation (Money Laundering) and the Garda Technical Bureau, are used to combat serious crime. These Units are also supported by the Security and Intelligence Section who assist with intelligence briefings and timely information. This integrated approach adopts best practice in implementing a coordinated use of Garda resources using available criminal legislation to its fullest extent. Operations are reviewed on an ongoing basis to ensure their effectiveness. The situation is being closely monitored and kept under constant review by senior Garda management in conjunction with Regional Assistant Commissioners and Heads of Units.

Garda Deployment. 732. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of Garda stations throughout County Kildare operating with the full requirement of Garda personnel; the proposals to increase these numbers; and if he will make a statement on the matter. [31319/09]

733. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of gardaı´ deployed and serving at each of the Garda stations throughout County Kildare; the way this corresponds with the number deployed in each of the past two years to date in 2009; the degree to which it is intended to restore such numbers to original or increased strength; and if he will make a statement on the matter. [31320/09]

307 Questions— 16 September 2009. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 732 and 733 together. I am informed by the Garda authorities, that the personnel strength of each Garda station throughout the Kildare Garda Division as at 31 December 2007 and 2008 and 31 July 2009, the latest date for which figures are readily available, was as set out in the following table. Resource levels are monitored on an ongoing basis by Garda Management in each District and Division, in conjunction with crime trends and other demands made on An Garda Sı´ocha´na. The situation will be kept under review and the needs of the areas referred to by the Deputy will be fully considered within the overall context of the needs of policing requirements throughout the country.

Station 2007 2008 2009 to-date

Athy 18 25 28 Ballytore 1 2 2 Castledermot 2 2 3 Kildare 30 32 32 Monasterevin 5 6 5 Newbridge 33 35 35 Rathangan 4 4 4 Carbury 4 4 5 Celbridge 21 20 19 Kilcock 5 8 8 Leixlip 24 30 34 Maynooth 16 16 14 Ballymore Eustace 1 1 1 Clane 7 8 9 Kilcullen 4 4 4 Kill 3 3 3 Naas 98 107 108 Robertstown 5 2 4

Total 281 309 318

Criminal Offences. 734. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the number of instances of witness or juror intimidation recorded in the past two years to date in 2009; the prosecutions taken; the number pending; and if he will make a statement on the matter. [31321/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There is a specific statutory offence of intimidation of members of a jury. Section 41 of the Criminal Justice Act 1999 makes it an offence to harm or threaten or in any other way intimidate or put in fear another person who is assisting in the investigation by An Garda Sı´ocha´na of an offence, or is a witness or potential witness or a juror or potential juror in proceedings for an offence, or a member of his or her family, with the intention thereby of causing the investigation or the course of justice to be obstructed, perverted or interfered with. I am informed by the Garda authorities that separate records are not maintained of offences under section 41 as between those directed against witnesses and those directed against jurors. 308 Questions— 16 September 2009. Written Answers

Accordingly, the information available from the Gardaı´ covers both categories of individuals. The Deputy will appreciate that, of their nature, instances of intimidation of jurors are less likely to come to notice than instances of witness intimidation. The following table shows the position with regard to the number of proceedings that have been commenced for offences under Section 41 of the 1999 Act for the period from 2007 to 10 September 2009.

Year Proceedings

2009 (to 10 Sept.)* 14 2008 16 2007 16 *Figures for 2009 are provisional.

The statutory provisions available to counteract jury intimidation reflect the gravity of the offence. The Gardaı´ rigorously enforce these provisions and, of course, will continue to do so. Further legislative action has being taken, including a significant increase in the penalty following conviction for jury intimidation, in the context of the recent Criminal Justice (Amendment) Act 2009.

Questions Nos. 735 and 736 answered with Question No. 725.

Road Traffic Offences. 737. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the revenue accruing to the local or National Exchequer through the imposition of penalty points in each of the past five years to date in 2009; and if he will make a statement on the matter. [31324/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Separate information on revenue accruing on foot of payments from fixed charge notices and court fines in connection with which penalty points were imposed in the past five years to date in 2009 is not readily available and could only be obtained by the expenditure of a disproportionate amount of staff time and resources. All moneys accruing from penalties for traffic offences are surrendered to the Exchequer as extra exchequer receipts and are accounted for in the Appropri- ation Accounts.

Proposed Legislation. 738. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 324 of 6 May 2009, the progress made on the drafting of the legal costs Bill and the family law Bill; and if he will make a statement on the matter. [31354/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The general schemes of a Legal Costs Bill and a Family Law Bill are being developed in my Department.

Sexual Offences. 739. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 48 of 27 May 2009, if he has received a report from the 309 Questions— 16 September 2009. Written Answers

[Deputy Denis Naughten.] anti-human trafficking unit on the Immigrant Council of Ireland study; and if he will make a statement on the matter. [31355/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The position remains as set out in my reply to Parliamentary Question No. 381 of 7 July 2009. My Depart- ment is examining the Report commissioned by the Immigrant Council of Ireland in conjunction with relevant Departments/agencies and I expect to receive a report in relation to this matter later this year.

Departmental Expenditure. 740. Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the projected annual cost, including security costs, for accommodating persons (details supplied); and if he will make a statement on the matter. [31382/09]

Minister of State at the Department of Justice, Equality and Law Reform (Deputy John Curran): The Government has agreed with the US, as part of that administration’s arrangements for the closure of the Guantanamo Bay detention facility, to accept the persons concerned for long term resettlement in Ireland. No decisions have been taken as yet as about their accommodation. It is also unclear how much support they will need in order to be resettled and to integrate successfully into life in this country. In these circumstances, it is not possible to give the projected annual cost sought by the Deputy. While there may be additional security costs, these are difficult to quantify at this juncture and, in any event, I do not believe that they will be in the order of magnitude as speculated when in the media recently.

Equality Policy. 741. Deputy Tom Hayes asked the Minister for Justice, Equality and Law Reform if the review of the equality for women measure has been completed; if funding will soon be made available; and if he will make a statement on the matter. [31390/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The review of the Equality for Women Measure, necessitated by the extremely grave Exchequer position, has been completed. As a result, more limited funding was offered to the 38 community groups which had previously been recommended for funding under the “Access to Employment” strand of the Measure. To date, 35 of those groups have accepted this offer and are expected to receive a total of over \1 million in 2009 to enable them to work with disadvantaged women. This will enable the women clients to upskill with a view to their entering into formal training, education and employment. Discussions are ongoing with a further two groups while one group did not respond to the offer.

Garda Strength. 742. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the personnel strength of the drugs unit in each Garda division in tabular form; and if he will make a statement on the matter. [31392/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I have been informed by the Garda Commissioner that the personnel strength of the Garda National Drugs Unit, on the latest date for which figures are readily available, was 59. The GNDU is based in Dublin Castle and deployed nationally to support Divisional Drugs Units as and when required.

310 Questions— 16 September 2009. Written Answers

The personnel strength of the Drugs Unit in each Division, on the latest date for which figures are readily available, was as set out in the following table.

Division Strength

D.M.R.S.C. 19 D.M.R.N.C. 14 D.M.R.N. 32 D.M.R.E. 10 D.M.R.S. 26 D.M.R.W. 37 Waterford 10 Wexford 13 Kilkenny/Carlow 9 Tipperary 10 Cork City 25 Cork North 8 Cork West 6 Kerry 11 Limerick 12 Donegal 12 Cavan/Monaghan 11 Sligo/Leitrim 8 Louth 6 Clare 6 Mayo 6 Galway 13 Roscommon/Longford 8 Westmeath 7 Meath 10 Kildare 6 Laois/Offaly 10 Wicklow 11

Total 356

Prison Education Service. 743. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if prisoners’ literacy and numeracy skills are assessed; if State sponsored studies have been conducted in respect of prisoner literacy; the results shown of statistics studies in this area; the projects in place to deal with this issue; and if he will make a statement on the matter. [31393/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Educational services are available at all institutions and are provided in partnership with the VECs and a range of other educational agencies in the community. Broad programmes of education are made available which generally follow an adult education approach. The Department of Edu- cation and Science provide an allocation of whole-time teacher equivalents to the prisons through the VECs (220 in the academic year 2009/10). This allocation allows an extensive 311 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] educational programme to be run in each institution and participation in education runs at around 50% of the prisoner population. Literacy work has been a strong element of the prison education curriculum since the early 1980’s. The literacy curriculum concentrates on the needs of the individual and respects the adult status of the student and his/her prior knowledge, skills and life experience. It is also concerned with improving self-esteem and building confidence. The Irish Prison Service publication entitled “The Prison Adult Literacy Survey — Results and Implications” published in September 2003 is the most recent information available to my Department. The major results of the survey showed that a significant number of prisoners have virtually no literacy skills — 52% of them were at Level 1 or Pre-Level 1 literacy levels. More than twice as many prisoners are at the lowest level compared with the general population. An Adult Basic Education Development Worker has specific responsibility in the Prison Service for implementing and supporting initiatives in the area of literacy, numeracy and basic education. A literacy action plan is prepared by the prison education centre of each prison. Literacy classes form an important part of the curriculum. Every effort is made to publicise the classes and encourage as many prisoners as possible to avail of them. Literacy work forms an element of more than just the timetabled literacy classes. All teachers are aware of literacy needs and these are accommodated by use of a themed literacy approach across the whole curriculum as well as vocational work and training activities. This is a very effective method of linking literacy to areas prisoners can engage with and is widely used in adult education. The Irish Prison Service is implementing the new assessment framework devised by the National Adult Literacy Agency, “Mapping the Learning Journey”. This assessment framework identifies learner progress, provides tangible feedback and indicates areas on which to focus. It is a useful tool for both learning and teaching.

Crime Levels. 744. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2004; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31398/09]

745. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2005; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31399/09]

746. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2006; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31400/09]

747. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2007; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31401/09]

312 Questions— 16 September 2009. Written Answers

748. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded in 2008; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31402/09]

749. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of murders recorded to date in 2009; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31403/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to take Questions Nos. 744 to 749, inclusive, together. I am informed by the Garda authorities that the following table sets out the number of murders recorded, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 14 September. Figures provided are provisional, operational and liable to change. The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that over time the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts, as there are inevitably time lapses between the commencement of a criminal investigation, proceedings being commenced and convictions secured. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder. Further- more such persons charged and brought before the courts may be convicted of offences other than murder.

Number of cases of murder recorded, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 14 September

Recorded Proceedings Commenced Convictions

313 183 91

750. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of knife or similar bladed weapon murders recorded in each of the years from 2004 to date in 2009 in tabular form; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31404/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the following table contains the number of cases of murder which involved the use of a knife, proceedings commenced and the number of convictions secured from 2004 to 2008 and in 2009 up to 14 September. As the Deputy will be aware, these statistics come with a ‘Health Warning’ and are easily misinterpreted for the following reasons: The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and the number of proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other 313 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] than murder. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder. Legislation on the use of knives and similar weapons is extremely robust and heavy penalties are in place. The Garda Commissioner last year made recommendations in relation to knives and sharply pointed or bladed weapons, and subsequently the Criminal Justice (Miscellaneous Provisions) Act 2009 was enacted. The maximum penalty for possessing a knife in a public place has been increased from one to five years, and An Garda Sıóchańa have been given an extended power of search without warrant in relation to knives and offensive weapons. In tandem with the new legislation, samurai swords have been banned from importation and sale, though exceptions have been made for collectors and martial artists. Last February, the Garda Commissioner and I launched a Knife Awareness Campaign by An Garda Sıóchańa to inform and educate young people on the dangers of carrying knives and with the aim of reducing the number of incidents of knife crime.

The number of murders recorded where a knife was involved, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 10 September

Recorded Proceeding commenced Convictions

105 86 44

751. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of firearms murders recorded in each of the years from 2004 to date in 2009 in tabular form; the number of prosecutions which have taken place arising from these murders; the number of convictions which have been secured; and if he will make a statement on the matter. [31405/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda authorities that the following table contains the number of cases of murder in which a firearm was used, proceedings commenced and the number of convictions secured from 2004 to 2008 and in 2009 up to 10 September. As the Deputy is aware, these statistics by their nature, carry a significant health warning. The detection rate for murders by its nature increases over time as Garda investigations progress. It is expected that in respect of each year the number of convictions obtained will increase as Garda investigations are concluded and proceedings commenced are finalised by the courts. This applies particularly to murders committed in the most recent years. In addition, directions may be received from the Law Officers to charge persons arrested in connection with such incidents with offences other than murder, for example firearms offences. Furthermore such persons charged and brought before the courts may be convicted of offences other than murder.

Number of murders recorded in which a firearm was used, proceedings commenced and convictions from 2004 to 2008 and in 2009 up to 10 September

Recorded Proceedings Commenced Convictions

114 25 8

Garda Deployment. 752. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the 314 Questions— 16 September 2009. Written Answers number of court presenters who have been appointed within the Garda Sı´ocha´na; the way this scheme operates; the regularity with which it is used; and if he will make a statement on the matter. [31406/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Currently Garda court presenters operate in District Courts in the Dublin Metropolitan Region (except Balbriggan). The number of court presenters is outlined in the following table.

Court Court Presenters / Staff

Bridewell (District Court 44, 45, 46) 9 Tallaght 2 Blanchardstown 2 Cloverhill 2 Swords 2 Dun Laoghaire 3

Total 20

On a defendant’s first appearance in court, a sergeant who is assigned the role of court presenter tenders evidence of arrest, charge and caution, and subsequently deals with each appearance in the case up to, but not including, the final hearing date. An exception is made for probationer Gardaı´, who are required to attend court to deal with their own first ten cases in order to obtain court experience. Gardaı´ are of course required to attend court when requested, but where possible every case is dealt with by the court presenter up to the final hearing. In the event of the defendant pleading guilty the court presenter can deal with this case by giving a pre´cis of evidence to the Court and apprising the Court of any previous convictions. If the defendant pleads not guilty then the member in charge of the case will appear in Court on the assigned date for hearing to prosecute the case. Outside of the Dublin Metropolitan Region all criminal cases, whether by summons or charge sheet, are currently presented in the District Court by the local Superintendent or an Inspector acting on his or her behalf.

Question No. 753 answered with Question No. 729.

Garda Equipment. 754. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of Garda stations which have access to audio equipment for recording interviews with suspects; and if he will make a statement on the matter. [31408/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am advised by the Garda authorities that there are 251 interview rooms fitted with audio/video interview recording facilities in 146 Garda stations. Where a Garda station is not equipped with an audio/video system, a person to be interviewed in accordance with the Regulations will be taken to the nearest Garda station with such equipment. In this regard it should be noted that it was never the intention that all Garda stations would be equipped to carry out audio/video recording of interviews. Rather the intention was that a sufficient number of interview rooms in Garda stations across the country be equipped to 315 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] provide a broad nationwide coverage. In this context, the Garda authorities have advised me that a Garda survey indicates that at 31st May 2009 some 99.1% of interviews as specified in the Regulations were being recorded. Interviews are not recorded for a number of reasons including the arrested person declining to have the interview recorded or the equipment already being in use or otherwise unavailable.

Question No. 755 answered with Question No. 606.

Garda Strength. 756. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the Garda strength and the number in training; the number of student and probationer gardaı´ as a percentage of the total Garda numbers; the number in each phase of training at Templemore College, County Tipperary; and if he will make a statement on the matter. [31411/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Commissioner that the attested personnel strength of An Garda Sı´ocha´na, for the latest date for which figures are readily available, was 14,564, including 831 probationer Gardaı´ who are in Phase IV of training. In addition, the number of students in training was as follows:

Phase I — 104

Phase II — 223

Phase III — 274

This makes a total strength of 15,165 of which 5.48% are probationer Gardaı´ and 3.96% are student Gardaı´.

Garda Deployment. 757. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of civilians employed by the Garda Sı´ocha´na; and if he will make a statement on the matter. [31412/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Gardaı´ Authorities that on the latest date for which figures are readily available, there were 2,131 whole time equivalent civilian staff in An Garda Sı´ocha´na.

758. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of community gardaı´ assigned in each county; and if he will make a statement on the matter. [31413/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Commissioner that, as of the latest date for which figures are readily available, the total number of Community Gardaı´ was 874. While all Gardaı´ have responsibility, inter alia, to deal with Community Policing issues as and when they arise, the total number of dedicated Community Gardaı´ in each Division was as set out in the table hereunder:

316 Questions— 16 September 2009. Written Answers

Division Community Gardaı´

D.M.R.S.C. 74 D.M.R.N.C. 173 D.M.R.N. 75 D.M.R.E. 40 D.M.R.S. 57 D.M.R.W. 87 Waterford 15 Wexford 9 Kilkenny/Carlow 30 Tipperary 22 Cork City 31 Cork North 2 Cork West 5 Kerry 8 Limerick 94 Donegal 19 Cavan/Monaghan 8 Sligo/Leitrim 6 Louth 12 Clare 8 Mayo 8 Galway 16 Roscommon/Longford 6 Westmeath 15 Meath 7 Kildare 17 Laois/Offaly 10 Wicklow 20

Total 874

Garda Reserve. 759. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Reserve who have been recruited; the number currently in training; and if he will make a statement on the matter. [31414/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The number of attested members of the Garda Reserve as at 31st July 2009 was 405. The number of Garda Reserves in training on that date was 151. The Government is strongly committed to the development of the Reserve. Recruitment to the Reserve is continuing and regular promotional campaigns to attract Reserve members are being undertaken. The moratorium on recruitment and appointments in the public service does not apply to the Garda Reserve.

Prisoner Deaths. 760. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prisoners who have died in custody each year for the past four years and to date in 2009 in tabular form; the prison or Garda station that each of the deceased was held in immedi- 317 Questions— 16 September 2009. Written Answers

[Deputy Charles Flanagan.] ately before or at the time of their death; and if he will make a statement on the matter. [31415/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The following table shows the number and breakdown by institution of deaths in prison custody each year for the past four years and to date in 2009.

Year Deaths in Custody Prison / Location

2009 to date 8 Arbour Hill (1) Castlerea (1) Cloverhill (1) Limerick (1) Midlands (1) Mountjoy (3)

2008 11 Arbour Hill (2) Cloverhill (1) Cork (1) Limerick (2) Loughan House (2) Mountjoy (3)

2007 7 Limerick (1) Midlands (1) Mountjoy (3) Portlaoise (1) Training Unit (1)

2006 12 Arbour Hill (1) Castlerea (1) Cloverhill (2) Limerick (1) Midlands (2) Mountjoy (4) St. Patrick’s (1)

2005 9 Cloverhill (2) Cork (1) Loughan House (1) Midlands (2) Mountjoy (2) Portlaoise (1)

All deaths in prison custody are the subject of a Garda investigation and an inquest held in a Coroner’s Court. The cause of death is determined by a jury on the basis of the information presented to the Court. Of the total number of deaths in custody since 2005, the cause of death has been determined formally in twenty eight cases. Nine deaths were attributed to natural causes, nine were classified as deaths by misadventure, three were classified as open verdicts, three were classified as suicide, two were classified as accidental and a narrative verdict was recorded in two cases. 318 Questions— 16 September 2009. Written Answers

There are strategies and plans in place in all institutions for the prevention of suicides. The circumstances of each death in prison custody are also examined by a multi-disciplinary group in each institution. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future. In addition, the Irish Prison Service Steering Group for the Prevention of Self-Harm and Death in the Prison Population provides a forum for collating the reports of the local groups and disseminating significant findings throughout the prison system. Deaths in Garda Custody refer to a death which takes place after a person comes into the custody and control of a Garda and before leaving the custody and control of a Garda. Thus it includes, for example, a death at any time from the time of arrest, including the handing of a person into the care of a hospital for treatment, or prison while under the control of a Garda. Prior to the establishment of the Garda Sıóchańa Ombudsman Commission, investigations into deaths occurring in Garda custody were carried out by a Superintendent from outside the Garda Division, appointed by the Divisional Officer. The Garda Sıóchańa Ombudsman Commission commenced operations on 9 May 2007. Section 102(1) of the Garda Sıóchańa Act 2005 states that the Garda Commissioner shall refer to the Ombudsman Commission any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Sıóchańa may have resulted in the death of, or serious harm to, a person. The following table shows the number of deaths of person in Garda custody recorded by An Garda Sıóchańa for 2005-2009 (10th September 2009):

Year Deaths In Garda Custody Garda Station/Location

2009 1 Navan Garda Station

2008 0 Nil

2007 6 (1) Store Street Garda Station (2) Tralee Garda Station (3) Togher Garda Station (4) Naas Garda Station (5) Terenure Garda Station. (6) 8 MacSweeny Villas, Gurranabraher, Cork — the person died as a Search Warrant was being executed at this address

2006 2 Waterford Garda Station Coolock Garda Station

2005 2 Monaghan Garda Station Store Street Garda Station

Proposed Legislation. 761. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he will progress legislation in respect of spent convictions; and if he will make a statement on the matter. [31416/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The Spent Convic- tions Bill 2007 is now awaiting Committee Stage in the Da´il, having completed Second Stage on 18 December 2008. 319 Questions— 16 September 2009. Written Answers

Restorative Justice Programme. 762. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the locations at which the restorative justice programme is used; if he will roll out the programme further; and if he will make a statement on the matter. [31417/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): There are two adult schemes currently operating in Nenagh, Co. Tipperary and in Tallaght, Dublin 24 which are funded by my Department, through the Probation Service and which operate on the principles of restorative justice (RJ) with the twin aim of attempting to heal the harm done to victims and at the same time holding the offender accountable for his or her actions. In the case of juveniles, restorative justice was introduced on a statutory basis for the first time in the Children Act 2001. There are two restorative justice initiatives provided for in the Act: A restorative conference or restorative caution included in the Garda Diversion Prog- ramme and a court-ordered restorative justice family conference delivered through the Pro- bation Service. The Garda Diversion Programme operates in accordance with Part 4 of the Children Act 2001, as amended, and under the general superintendence and control of the Garda Com- missioner. The aim of the Diversion Programme is to deal with young people who offend, by way of administering a formal or informal caution, thus diverting the offender away from the courts and minimising the likelihood of further offending. The programme embraces, whenever possible, the principles of restorative justice and, at all times, it pays the highest regard to the needs of the victims. The programme has proven to be successful in diverting young persons away from crime by offering guidance and support to the young people and their families. This programme operates nationwide. Family conferencing administered by the Probation Service at the request of the Courts under Sections 78-87 of the Children Act, 2001 is another restorative practice and is available on a national basis. A family conference is based on the principles of restorative justice. The aim of the family conference is to divert the young person, who has accepted responsibility for his or her behaviour, from Court, from conviction and custody and from committing further offences. As the Deputy will be aware a National Commission on Restorative Justice chaired by Judge Mary Martin was asked to look at this whole area. I am glad to tell the Deputy that I recently received the final report of this Group. The report and its recommendations are currently being examined by my Department having regard to resource and funding implications and against the background of the range of other non-custodial measures available to the courts. I will be bringing my proposals to Government in due course.

Liquor Licensing Laws. 763. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of prosecutions and convictions which have been secured in respect of the offence of selling alcohol to minors each year for the past four years and to date in 2009 in tabular form; and if he will make a statement on the matter. [31418/09]

320 Questions— 16 September 2009. Written Answers cated unit for this purpose. I have requested the CSO to provide the statistics sought by the Deputy directly to him.

Departmental Staff. 764. Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the number of additional posts which have been created in the State forensic laboratory since the publication of the Kopp report; and if he will make a statement on the matter. [31419/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Professor Ingvar Kopp (former head of the Swedish Forensic Science Laboratory) was engaged by my Depart- ment to review the resource needs of the Forensic Science Laboratory (FSL). Professor Kopp’s report was published in January 2008. On foot of its recommendations a wide-ranging and comprehensive recruitment campaign for the FSL was undertaken in 2008 and resulted in 12 new Forensic Scientists and 14 new Laboratory Analysts being recruited. In addition an Assist- ant Principal IT Manager was assigned to the FSL in December 2008. This represents a step- change in the capacity of the Laboratory.

Prison Building Programme. 765. Deputy Sea´n Sherlock asked the Minister for Justice, Equality and Law Reform the status of the proposed prison to be built at Kilworth, County Cork; and if he will make a statement on the matter. [31536/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): This project is to replace Cork Prison with a modern prison complex at Kilworth, County Cork. Agreement has been reached with the Department of Defence to acquire about 160 acres at Kilworth, County Cork for a new prison development. Government approval for the transfer of the land has also been obtained. The Prison Service commissioned a preliminary site suitability report. This involved a range of surveys such as archaeology, flora and fauna, road/infrastructure, topography etc. This preliminary site suitability report has confirmed that there are no significant constraints to the development of this site. While the project has not advanced to detailed design stage, the Irish Prison Service estimate that the capacity of the new prison will be in the region of 450 spaces, 400 male and 50 female. These figures will be reviewed as the project progresses to detailed design stage and in light of prisoner population surveys. In accordance with Department of Finance Capital Appraisal Guidelines a preliminary outline case has been completed and approved by the Prisons Authority Interim Board. The next step in the appraisal process is the preparation of a detailed business case for the project which will examine the various procurement options including the Public Private Partnership option. The advice of the NDFA will be sought in relation to these issues in due course.

Commencement of Legislation. 766. Deputy Ciara´n Lynch asked the Minister for Justice, Equality and Law Reform when section 132 of the Land and Conveyancing Law Reform Act 2009 in respect of the removal of the upward-only restriction on rent reviews will be implemented; and if he will make a statement on the matter. [31553/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): When Section 132 of the Land and Conveyancing Law Reform Act 2009 was brought forward in July, I made it

321 Questions— 16 September 2009. Written Answers

[Deputy Dermot Ahern.] clear that an appropriate period of time would be needed to allow the market to factor in the very significant changes which were being introduced. That remains the position. While I have taken no final decision on a commencement date, I would note that the section will not be commenced before 1 December at the earliest as that is the date which has been chosen for other sections in the Act.

Departmental Programmes. 767. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of people who applied for a programme (details supplied); and if he will make a statement on the matter. [31561/09]

768. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the number of people who were returned to their country of origin under a programme (details supplied) for the period 1 January to 31 December 2008 and from 1 January to date in 2009; and if he will make a statement on the matter. [31562/09]

769. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the cost involved in a programme (details supplied) for the period 1 January to 31 December 2008 and from 1 January to date in 2009, isolating the costs for the individuals returned and associated costs of them being accompanied and so on; and if he will make a statement on the matter. [31563/09]

770. Deputy Michael Ring asked the Minister for Justice, Equality and Law Reform the countries of origin from which applicants for a programme (details supplied) were returned during the period 1 January to 31 December 2008 and from 1 January to date in 2009; and if he will make a statement on the matter. [31564/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I propose to answer Questions Nos. 767 to 770, inclusive, together. One of the options open to persons faced with the prospect of having a Deportation Order issued in respect of them is that they can seek to return voluntarily to their country of origin. Asylum seekers and irregular migrants from non-EU countries who agree to return voluntarily to their countries of origin but do not have the financial means or in some instances the necessary documentation to do so, can obtain assistance through the Voluntary Assisted Return and Re-integration Programme (VARRP). This Programme is funded by my Department and managed by the International Organisation for Migration (IOM). In 2008, a total of 566 applications were received under the VARRP, representing 809 individuals. Between 1st January and 31st August, 2009 a total of 391 applications were received, representing 624 individuals. In 2008, 436 people were assisted through the VARRP to return to their home countries, while in the period January-August 2009 a total of 295 have returned under the Programme. The full cost of the VARRP in 2008 was \1,239,065 of which \483,063 was expended on operational costs with the balance being attributed, in the main, to staff and office costs. It is anticipated that a similar breakdown between operational costs and staff and office costs will be the outcome of the 2009 programme when the full year figures become available. People returning under the VARRP are provided with assistance by IOM staff during their departure through the airport, and in their country of return by locally based staff, if required. However,

322 Questions— 16 September 2009. Written Answers

IOM staff do not accompany those returning except in very exceptional circumstances, e.g. unaccompanied minors or medical cases. Cases of this nature would generally arise on no more than two or three occasions in any one year. The countries to which people voluntarily returned under the VARRP in 2008 were: Albania, Algeria, Botswana, Brazil, China, Croatia, Egypt, Ethiopia, Georgia, Ghana, Hong Kong, Indonesia, Iraq, Israel, Kenya, Kosovo, Libya, Malawi, Malaysia, Mali, Mauritius, Moldova, Mongolia, Nigeria, Pakistan, Philippines, Russia, Serbia, South Africa, Sri Lanka, Syria, Uganda, Ukraine. To date in 2009 the countries of return under the Programme include:- Brazil, Moldova, Georgia, Nigeria, Ukraine, Russia, Iran, Iraq, South Africa, China, Congo, Croatia, Benin, Malaysia, Columbia, Mongolia, Argentina, Armenia, Afghanistan, Australia, Bolivia, Guinea, Israel, Kazakhstan, Kosovo, Mauritius, New Zealand, Serbia, Sri Lanka, Sudan, Swaziland, United Emirates, Pakistan, Philippines.

Departmental Expenditure. 771. Deputy Damien English asked the Minister for Justice, Equality and Law Reform the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31581/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I wish to direct the Deputy to the replies to Parliamentary Question Nos. 382 of 22 April 2008, 194 to 196 of 5 June 2008 and 305 and 306 of 23 June 2009. I can also inform the Deputy that in October 2008 my Department ran two awareness raising campaigns concerning (a) Fireworks, at a total cost of \150,320 and (b) Anti-Human Trafficking, at a cost of \129,566, exclusive of VAT. In addition to these campaigns my Department made funding of \45,980 available to Ruhama in 2008 in order to develop a television advertising campaign to promote awareness of Human Trafficking. Awareness raising initiatives such as this were recommended in the National Women’s Strategy 2007-2016. In the time available it has not been possible for An Garda Sıóchańa and the Garda Sıóchańa Ombudsman Commission to compile the information requested by the Deputy. When this information comes to hand I will forward it to him.

Departmental Programmes. 772. Deputy David Stanton asked the Minister for Justice, Equality and Law Reform the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31715/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The administration of the Cycle-to-Work scheme has been carried out within existing resources and no additional costs have arisen.

Citizenship Applications. 773. Deputy Willie Penrose asked the Minister for Justice, Equality and Law Reform the reason for the delay in the case of a person (details supplied) in County Offaly who applied for naturalisation; if steps will be taken to ensure that same is dealt with without further delay; and if he will make a statement on the matter. [31788/09]

323 Questions— 16 September 2009. Written Answers

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 Division of my Department in February 2006. All applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated cases can at times take more than the current average, while an element of straight forward cases can be dealt with in less than that timescale. Officials in the Citizenship Division inform me that processing of the application has been finalised and the file will be submitted to me for a decision shortly. The length of time taken to process each application should not be classified as a delay, as the length of time taken for any application to be decided is purely a function of the time taken to carry out necessary checks and the time taken waiting for resources to become available to perform those checks. There is a limit to the reduction in the processing time that can be achieved as applications for naturalisation must be processed in a way which preserves the necessary checks and balances to ensure that it is not undervalued and is only given to persons who genuinely satisfy the necessary qualifying criteria.

Garda Deployment. 774. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the position regarding a matter (details supplied). [31819/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): I am informed by the Garda Commissioner that the area referred to by the Deputy is covered by Coolock Garda District. The personnel strength of that District, as of the latest date for which figures are readily available, was 249. The area is subject of regular patrols by uniform and plain-clothes personnel, including the local Community Policing and Garda Mountain Bike Units, the Dis- trict Detective and Drug Units, supplemented by the Divisional Task Force and Traffic Corps personnel. Two (2) members of the Community Policing Unit are allocated specifically to the area referred to. Complaints received by An Garda Sı´ocha´na relating to public disorder and other anti-social type behaviours, are subject of investigation and offenders are dealt with by way of behaviour warnings (adult or child), public order fixed charge notices, civil orders and criminal prosecutions. Current policing policy in the Coolock area is predicated on the prevention of public order offences, the prevention of crime, including crimes of violence against persons and property, and the maintenance of an environment conducive to the improvement of quality of life of the residents of the area.

Ministerial Expenses. 775. Deputy George Lee asked the Minister for Justice, Equality and Law Reform the amount that has been claimed in expenses by each Minister and Minister of State in his Depart- ment from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31949/09]

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): The information sought by the Deputy is only available from 1998 onwards. The expenditure in question relates for the most part to travel and subsistence expenses incurred by the office holders, while away from home, during the periods in question.

324 Questions— 16 September 2009. Written Answers

Year Expenses paid

Ms. Mary Wallace T.D , Minister of State 1998 28,731 1999 23,268 2000 43,672 2001 1,023 2002 69,404

Mr. Willie O’Dea T.D., Minister of State 2002 15,576 2003 24,678 2004 28,832

Mr. Frank Fahey T.D., Minister of State 2005 33,462 2006 36,294 2007 21,043

Mr. Conor Lenihan T.D., Minister of State 2007 7,195 2008 22,264

Mr. Sean Power T.D., Minister of State 2007 15,547 2008 25,451

Mr. John O’Donoghue, T.D., 1998 4,147 1999 1,103 2000 8,213 2001 6,008 2002 3,577

Mr. Michael McDowell, T.D., 2004 3,633 2005 2,510 2006 3,166 2007 3,401

Mr. Brian Lenihan, T.D., 2008 3,341

Visa Applications. 776. Deputy Mary O’Rourke asked the Minister for Foreign Affairs if he will review the case of a person (details supplied). [30087/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): I am informed that the visa referred to was issued on 20 July 2009 through the Irish Honorary Consul in Manila.

International Agreements. 777. Deputy Aengus O´ Snodaigh asked the Minister for Foreign Affairs if he will seek the negotiation and conclusion of an international mechanism to deal with depleted uranium similar to recent initiatives in relation to cluster munitions; and if he will make a statement on the matter. [30150/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): Ireland does not possess — and never has possessed — any weapons, armaments or ammunition containing depleted uranium. Ireland shares concerns which have been raised at the UN General Assembly about the potential risks 325 Questions— 16 September 2009. Written Answers

[Deputy Michea´l Martin.] related to the use of depleted uranium in armaments and munitions. We voted in favour of UN resolutions on depleted uranium in 2007 and in 2008. In 2008, Resolution 63/26 called on the Secretary-General of the UN to request “relevant international organizations to update and complete, as appropriate, their studies and research on the effects of the use of armaments and ammunitions containing depleted uranium on human health and the environment.” The resolution also called on Member States to “facilitate such studies and research, and to communicate to the Secretary- General their views on the effects of the use of armaments and ammunitions containing depleted uranium.” In follow-up to that resolution, Ireland recently submitted a report to the UN Secretary- General setting out our views. The report mentioned our concerns about the potential harmful effects of the use of armaments and ammunition containing depleted uranium and the impact they could have on human health and the environment. Ireland will continue to monitor this issue closely, especially in relation to the studies and research by relevant international organisations and any developments in the analysis of risks associated with the use of depleted uranium. The work of civil society in this area is also important. We maintain contact with NGOs such as the International Campaign to Ban Uran- ium Weapons (ICBUW). Officials from my Department met a delegation from ICBUW in Dublin in June 2009.

778. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will respond to queries (details supplied). [30243/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): On Friday, 2 October, the Irish people will be asked to endorse a package on the Lisbon Treaty that is fundamentally different from that of June 2008. One key change in the new package is the indefinite retention of Ireland’s EU Commissioner. A series of binding legal guarantees ensures further protection in other areas of national sensitivity. During last year’s referendum, the retention of an Irish Commissioner was a central issue. The Conclusions of last June’s European Council provide that, if the Treaty of Lisbon enters into force, the European Council will take a decision to ensure that the Commission will continue to include one national of each Member State. This requires that the Lisbon Treaty be ratified, as the existing Treaties will necessitate a reduced Commission from November 2009 onwards. Any future change to this decision would require a unanimous decision, which means that this could be blocked by Ireland or any other Member State. The other element of the new package is the set of binding legal guarantees on the right to life, education and the family, taxation and Ireland’s traditional policy of military neutrality. The legal guarantees make explicit that “[t]he Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality.” The Treaty envisages that Member States will provide aid and assistance to another EU Member State which is the victim of armed aggression. However, it states that the obligation of aid and assistance shall not prejudice the specific character of the security and defence policy of each Member State. Our legal guarantee further states that “it will be for Member States—including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality—to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory”.

326 Questions— 16 September 2009. Written Answers

There is no obligation, therefore, to provide military support. Any action taken by Ireland must respect the relevant provisions of the Constitution and the relevant legislation, including provisions of the Defence Acts relating to UN authorisation and Da´il approval. These will be unchanged by the Lisbon Treaty. The guarantee on security and defence is reinforced by the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, which would carry forward the existing constitutional ban on participation in a common European defence. In relation to the Deputy’s query about Permanent Structured Cooperation, I would note that Permanent Structured Cooperation only permits a group of Member States to develop higher-end military capabilities for ESDP missions and more extensive co-operation in such areas as training, equipment, and logistics. It has the potential to provide significant benefits in the form of enhanced capabilities for UN-mandated, EU crisis management missions as well as for peacekeeping missions under direct UN command. Permanent Structured Cooperation would be established by qualified majority vote. The following point is critical, however: under the Lisbon Treaty no mission, including one utilising Permanent Structured Cooperation, may be launched without the unanimous approval of the Council. Ireland will always have a veto over any operation which might be launched by the Union. Ireland is not obliged to participate in Permanent Structured Cooperation. This is confirmed in our legal guarantee, which states “[i]t is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation”. The provisions of the Treaty, reinforced by the legal guarantees, make clear that our traditional policy of military neutrality would not be prejudiced by the entry into force of the Treaty. At the same time, the Treaty would ensure that the Defence Forces continue to occupy the position they have occupied for more than 50 years, at the forefront of peace support missions on behalf of the UN around the globe. The legally binding nature of the guarantees obtained by Ireland at the European Council last June is beyond question. The guarantees, which take the form of a Decision of the Heads of State or Government, meeting within the European Council, constitute an international agreement, binding in international law. This was stated explicitly by the Heads of State or Government when they reached agreement in June 2009. The international agreement will take effect on the date of entry into force of the Lisbon Treaty, should next month’s referendum be passed. At the time of the conclusion of the next accession Treaty, the legal guarantees will be set out in a Protocol to the Treaty on European Union and the Treaty on the Functioning of the European Union. As a Protocol, the legal guarantees will enjoy the same status in EU law as the Treaties. They will form part of the fundamental law of the Union. I am satisfied that the new package we have obtained from the other Member States of the EU will give many who voted No last year the reassurance they require on sensitive issues to do with the right to life, education and the family; taxation; and defence and security. The legal guarantees on security and defence is given below, for the sake of completeness.

Security and Defence The Union’s action on the international scene is guided by the principles of democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law. The Union’s common security and defence policy is an integral part of the common foreign and security policy and provides the Union with an operational capacity to undertake missions

327 Questions— 16 September 2009. Written Answers

[Deputy Michea´l Martin.] outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. It does not prejudice the security and defence policy of each Member State, including Ireland, or the obligations of any Member State. The Treaty of Lisbon does not affect or prejudice Ireland’s traditional policy of military neutrality. It will be for Member States — including Ireland, acting in a spirit of solidarity and without prejudice to its traditional policy of military neutrality — to determine the nature of aid or assistance to be provided to a Member State which is the object of a terrorist attack or the victim of armed aggression on its territory. Any decision to move to a common defence will require a unanimous decision of the Euro- pean Council. It would be a matter for the Member States, including Ireland, to decide, in accordance with the provisions of the Treaty of Lisbon and with their respective constitutional requirements, whether or not to adopt a common defence. Nothing in this Section affects or prejudices the position or policy of any other Member State on security and defence. It is also a matter for each Member State to decide, in accordance with the provisions of the Treaty of Lisbon and any domestic legal requirements, whether to participate in permanent structured cooperation or the European Defence Agency. The Treaty of Lisbon does not provide for the creation of a European army or for conscrip- tion to any military formation. It does not affect the right of Ireland or any other Member State to determine the nature and volume of its defence and security expenditure and the nature of its defence capabilities. It will be a matter for Ireland or any other Member State, to decide, in accordance with any domestic legal requirements, whether or not to participate in any military operation.

Overseas Development Aid. 779. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [30268/09]

780. Deputy Pat Breen asked the Minister for Foreign Affairs if he will report on the position regarding overseas aid; if he will reach the target of spending 0.7% of GNI on overseas aid by 2012; and if he will make a statement on the matter. [30468/09]

782. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support a matter (details supplied). [30718/09]

Minister of State at the Department of Foreign Affairs (Deputy Peter Power): I propose to answer Questions Nos. 779, 780 and 782 together. Ireland spent \920 million on Official Development Assistance (ODA) in 2008. This represents approximately 0.59% of our Gross National Product (GNP) and makes Ireland one of the most generous donors in the world on a per capita basis. This is an enormous achievement of which we should all be justifiably proud. For 2009 the total budget for ODA is expected to reach \696 million which, on current projections, will represent at least 0.48% of Ireland’s GNP. The Government very much regrets it has been necessary to reduce the ODA budget for 2009. As with all budget cuts across Government Departments, our sole objective is to ensure the stabilisation of the Public Finances. This is a requirement for the resumption of economic growth, which is the only sustainable way Ireland can meet its future ODA commitments.

328 Questions— 16 September 2009. Written Answers

The ODA budget for this year of \696 million will likely leave Ireland as the sixth largest aid donor internationally, in per capita terms. It will now be more difficult to achieve the Government’s target of spending 0.7% of GNP on ODA by 2012. However, the Government continues to work towards the target and will make a full assessment of our capacity to achieve it in the context of the preparation of the 2010 Budget. It is important to note that Ireland is still significantly ahead of all but a few EU Member States in making progress towards achieving the broad EU 0.7% target in 2015. The decisions which have been taken to adjust the programme have been framed in the context of Ireland’s firm commitment to the world’s poorest and our determination that, once the Irish economy has returned to a pattern of sustainable growth, we will resume the expansion of our aid programme. Ireland’s programme of development assistance is renowned internationally for its quality and clear focus on the reduction of poverty and hunger, and on the least developed countries, especially in sub-Saharan Africa. The Government is determined, now more than ever, that the programme will maintain this focus and will continue to make a positive and lasting difference to millions of poor people, especially in Africa.

Human Rights Issues. 781. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will support trade unionists (details supplied) in Colombia. [30655/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): Ireland attaches importance to the work of trade unionists in Colombia, and condemns all acts or threats of violence against trade union organisations and individuals there. We raised the issue of human rights in Colombia during the Human Rights Council’s Universal Periodic Review on Colombia in December 2008. Specifically, we recommended that the Colombian Government implement its existing legislation in full, sanction unsubstantiated allegations against individual activists, strengthen the protection provided to individuals and investigate and punish crimes against them. Ireland, along with its EU partners, monitors the human rights situation in Colombia and raises issues including human rights abuses impacting on trade unionists with the Colombian authorities through the ongoing EU-Colombia dialogue on human rights and in regular contacts at political level. The Government will continue to monitor the situation in Colombia through our Embassy in Mexico City, which is accredited to Colombia, as well as in cooperation with our EU partners with resident diplomatic missions in that country.

Question No. 782 answered with Question No. 779.

Consular Services. 783. Deputy Finian McGrath asked the Minister for Foreign Affairs the position regarding the case of a person (details supplied) in Dublin 3. [30727/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): My Department first became aware of the arrest of the person mentioned by the Deputy by the Cambodian authorities, in June 2009. As we have no resident Embassy in Cambodia, our Embassy in Vietnam, which is also accredited to Cambodia, sought assistance from the British Embassy, to visit the person concerned and to provide all possible consular assistance on our behalf. My Department has since been involved in efforts to assist the person concerned and I will communicate directly with the Deputy on the matter.

Middle East Peace Process. 784. Deputy Chris Andrews asked the Minister for Foreign Affairs his views on the decision by the Israeli Government to formally approve the construction of more than 450 new homes

329 Questions— 16 September 2009. Written Answers

[Deputy Chris Andrews.] in the occupied West Bank in view of the fact that this move is in direct conflict with the road map for peace and nullifies any future settlement freezes. [31035/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): Intensive US-led efforts have been continuing in recent months to put in place the conditions that would allow for the resumption of direct Israeli-Palestinian negotiations. The US envoy to the Middle East, Senator George Mitchell, has been working closely with both parties in order to generate a sense of momentum and to restore Israeli and Palestinian confidence in the merits of peaceful engagement. This has been a delicate and difficult process and has involved significant diplomatic work on the ground in Israel and the Occupied Palestinian Territories. EU Foreign Ministers, at their recent informal meeting in Stockholm which I attended, made clear the EU’s full support for these efforts. There is still some hope that the recent diplomatic efforts will culminate in a tripartite meeting between President Obama, President Abbas and Prime Minister Netanyahu at the UN General Assembly later this month which might re-launch the peace process and direct Israeli- Palestinian negotiations which have been suspended since last December. The primary obstacle to the resumption of negotiations so far has been continued illegal Israeli settlement expansion in the West Bank. Palestinian leader Mahmoud Abbas has made it clear that he is not prepared to meet with his Israeli counterparts until there has been a genuine and complete freeze on settlement building. Senator Mitchell has expended considerable effort on trying to strike a deal with the Israeli Government on such a settlement freeze. Promisingly, there have been indications in recent weeks that Israeli Prime Minister Binyamin Netanyahu may be prepared to agree to a freeze in some form so that peace talks could resume. The current efforts to re-launch peace negotiations have, however, been undermined to some extent by the decision of the Israeli Defence Ministry last week to give approval for the construction of 450 new homes in the occupied West Bank. This decision is difficult to reconcile with the current US-led efforts and threatens to erode the goodwill that has been carefully cultivated in recent weeks. It also undermines the position of moderate Palestinian leaders seeking to justify peaceful engagement with Israel. Both the EU, in a Declaration issued on 8 September, and the US have clearly expressed their disappointment over this particular settlement expansion plan. UN Secretary General Ban Ki Moon has also made his displeasure about the move known. Ireland’s position is very clear. Israeli settlement building, whether in East Jerusalem or in the West Bank, is illegal under international law and represents a primary obstacle to the two-State solution. Continued expansion of these settlements undermines the viability of a Palestinian State and makes the realisation of that goal harder to achieve. Moreover, the daily and cumulative injustices and humiliations which the whole settlement process entails for the Palestinian population serve to increase the risk of another large scale descent into violence. Within the context of the EU, Ireland has long been among the most active Member States in ensuring that these concerns about settlement expansion are made known to the Israeli Government at every opportunity. I have also personally raised my deep concerns about the issue directly with Israeli leaders and officials. Prime Minister Netanyahu, in a significant move for a leader of the Likud Party, indicated earlier this year his conditional acceptance of the objective of a two-State solution. The international community is now awaiting evidence of deeds to match those words. Settlement expansion cannot be reconciled with the goal of a viable two-State solution. I would now call on Prime Minister Netanyahu and his Government to provide further clear evidence of their determination to take the difficult decisions that are needed for peace.

330 Questions— 16 September 2009. Written Answers

Human Rights Issues. 785. Deputy Pat Breen asked the Minister for Foreign Affairs the position regarding Zimbabwe; if discussions have taken place at EU level regarding the lifting of international sanctions against Zimbabwe; and if he will make a statement on the matter. [31193/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): The situation in Zimbabwe continues to be of great concern to the Government and to the European Union as a whole. The formation of a unity government in Zimbabwe in February though it fell well short of the solution required for Zimbabwe’s problems, was nonetheless a sign of some modest political progress. However, seven months on, and despite some improvements in the economic sphere, the situation in Zimbabwe remains very fragile. I am gravely concerned by reports of continuing human rights violations, arbitrary arrests, torture of prisoners and abuse of the rule of law. The lack of real progress on many issues vital to Zimbabwe’s recovery and the failure to reform media laws to allow for meaningful press freedom are causes of ongoing concern. A particular concern is the continued failure of President Mugabe to address the issue of senior government appointments in a manner consistent with the September 2008 power-sharing agreement. The retention of Gideon Gono as Governor of the Reserve Bank of Zimbabwe and Johannes Tomana as Attorney General is detrimental to the interests of the country; their removal is vital to the building of confidence among international donors and investors. Ireland has worked closely with our EU partners in developing a consistent approach to Zimbabwe. In keeping with other international donors, we do not provide funding to the Zimbabwean Government, but respond to the humanitarian needs of the Zimbabwean people through support for the work of multilateral and non-governmental organisations. Thus far in 2009, Ireland has committed funding of over \5 million to a range of humanitarian programmes in Zimbabwe, focussed on food security, tackling HIV and AIDS and supporting civil society organisations who provide essential services for the population. The EU has repeatedly stated its willingness to re-engage with the Zimbabwean Govern- ment. Re-engagement, however, remains conditional on the agreed goals set out in the power- sharing agreement being met. These include full access to humanitarian assistance, restoration of the rule of law, commitment to the democratic process, respect for human rights and commitment to macroeconomic stabilisation. Following the visit to Brussels last June by Zimbabwe’s Prime Minister Morgan Tsvangirai, a high-level European delegation travelled to Zimbabwe last weekend, the first such visit in seven years. The EU delegation said relations with the country were entering a “new phase” but full cooperation hinged on the implementation of a power-sharing deal. The delegation noted that the Global Political Agreement (GPA) was an important step forward, but that much still needs to be done. The delegation also said that the EU will not consider lifting targeted sanctions against Zimbabwe until sufficient progress is made on the implementation of the GPA, in particular until human rights abuses are ended. Zimbabwe’s neighbours have a critical role to play in encouraging reform, and can bring the greatest influence to bear in achieving progress in implementing the power sharing agreement. It is disappointing therefore that the discussions on the implementation of the GPA that were scheduled to take place at the recent Summit of the Southern African Development Com- munity (SADC) in Kinshasa, which President Mugabe attended, were deferred. Ireland and the EU will continue to monitor the situation, and maintain contacts with key African partners, including the African Union and the Southern African Development Com- munity. It is vital for the future of Zimbabwe that the unity government delivers on the promise of reform, and secures for Zimbabwe’s people real political freedoms, a return to the rule of law

331 Questions— 16 September 2009. Written Answers

[Deputy Michea´l Martin.] and economic development. Ireland will continue to work with our partners in the international community to encourage progress in these areas.

Official Engagements. 786. Deputy Pat Breen asked the Minister for Foreign Affairs if he will report on his recent visit to Sudan; and if he will make a statement on the matter. [31194/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): I can assure the Deputy that the Irish Government has been making every possible effort to secure the release of Ms Sharon Com- mins and her fellow Goal development worker, Ms Hilda Kawuki, since their original abduction on Friday 3 July. I visited Sudan on the 6th and 7th of September to discuss with the Sudanese authorities the efforts that are being made to ensure safe return of Sharon and that of her colleague to their families. During my recent visit I met with the Minister for Humanitarian Affairs, who is coordinating the Sudanese efforts, the UN Deputy Special Representative, the Minister for Foreign Affairs, and the Presidential advisor on Darfur. The discussions were useful and I impressed on them the importance of bringing about a peaceful and successful resolution of this appalling kidnap- ping, which targeted development workers whose only objective was to assist the ordinary people of Darfur, who have suffered so much in the conflict there. I was briefed on the ongoing efforts to release the hostages. I believe that every effort is being made at the moment to obtain the release of both women. I also met with the Goal representatives on the ground and with the Ambassador of Uganda. As the Deputy will appreciate there is a need for discretion during a kidnap episode. I cannot go into detail about the operation in Sudan but I can assure him that I will continue to keep in close touch with our team on the ground and with the Sudanese authorities until we secure the release of the two women.

Departmental Staff. 787. Deputy Niall Collins asked the Minister for Foreign Affairs if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Depart- ment, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31230/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): There are no state agencies operating under the responsibility of my Department. However, there are two Advisory Committees and one Educational Commission, which operate under the aegis of my Department. There are no civil servants serving on these bodies who are in receipt of any specific remuneration for their representation.

The Development Education Advisory Committee was established in 2003 following the recommendations of the Ireland Aid Review Committee. Its purpose is to advise the Minister, Minister of State and Irish Aid on policy regarding development education. All members serve in a voluntary capacity and there are no civil servants serving on this Committee.

The Government Emigrant Services Advisory Committee (previously known as Dı´on) was set up in 1984 to advise the Government on the welfare of the Irish community in Britain. The Committee’s primary role is to advise on the distribution of Government support to voluntary agencies providing front line services and community care to Irish people in Britain. There are

332 Questions— 16 September 2009. Written Answers two civil servants, officers of the Embassy in London, who serve as the Chair and Secretary of this Committee. They receive no additional remuneration or allowances for their work with the Committee. All other Committee members serve in a voluntary capacity.

The Fulbright Commission (The Board of the Ireland — United States Commission for Educational Exchange) finances study, research, teaching and other educational activities between Ireland and the United States of America. As Minister for Foreign Affairs, I have some statutory obligations in regard to this organisation, including the appointment of four members of the eight-member Commission, who serve in a voluntary capacity. There are no civil servants serving on the Board of this Commission.

Foreign Conflicts. 788. Deputy Denis Naughten asked the Minister for Foreign Affairs the role which he is taking at international level to support a resolution of a dispute between Kenya, Sudan and Ethiopia over the Ilemi Triangle; and if he will make a statement on the matter. [31388/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): The question of the demarcation of borders of the Ilemi Triangle between Kenya, Sudan and Ethiopia has been ongoing for over one hundred years. The problem has its origin in the ambiguity in the wording of colonial-era treaties. The treaties sought to allow for free movements of Turkana nomadic herders within the region. Despite several attempts over the years to negotiate a resolution, there has been no universal agreement on demarcation of the borders. The dispute has been prolonged because jurisdiction is all the more difficult to resolve where nomadic and pastoral lifestyles dominate. The general instability in the Horn of Africa region as a whole has tended to obscure this issue; the loss of life and large-scale displacement of millions of people in more high profile conflicts in the region have deflected attention from it. Currently Kenya has de facto control over part of the region but much of it is not administered by any state. There are at present no initiatives from any of the countries directly involved or from any international organisation to negotiate a resolution in relation to the dispute. In all the circumstances it would not be appropriate for Ireland to raise the matter at this time.

Human Rights Issues. 789. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs if his attention has been drawn to the imprisonment in Iran of a person (details supplied); if he will enlist the aid of the international community with a view to ensuring that they are accorded family and legal visitations in line with international human rights criteria; and if he will make a statement on the matter. [31427/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): I am aware of the case of Dr. Tajbakhsh who was arrested at his home on 9 July in Iran and whose conditions of detention remain unclear. Our Embassy in Tehran has been closely following his case. As the Deputy will be aware, many hundreds remain in detention in Iran following the disputed Presidential elections of 12 June and it is still not clear when, and by what process, these will be released. There appears to be some degree of disarray in the judicial system, with trial dates being set and then re-scheduled and diverging views internally within the regime as to how the protestors should be dealt with. There are some positive signals that there may be a release of prisoners during the forthcoming Eid el Fitr holiday, which marks the end of Ramadan. However, if there is such a release, it seems unlikely that many key political associates of opposition leaders or high profile detainees will be included. I am aware that Dr. Tajbakhsh, who is a US dual citizen and a noted and respected academic, has been accused of being a spy for a western intelligence

333 Questions— 16 September 2009. Written Answers

[Deputy Michea´l Martin.] agency, has been arrested before on similar charges, and has already had to participate in one of the televised “show trials”. The prospects for securing his early release may not be assisted by the prevailing tendency on the part of the authorities in Iran to assert incorrectly that the post-election protests represented an attempted revolution, orchestrated by international actors. Diplomatic efforts, spear-headed by the Swiss Embassy in Tehran which handles US interests, are continuing in an effort to secure Dr. Tajbakhsh’s release. The EU has also been vocal in its reaction to the deterioration in human rights generally in Iran since the disputed Presidential elections, with a particular focus on the maltreatment of those in detention and the need for due legal process to prevail. Ireland strongly associates itself with the serious concerns expressed by the EU regarding the current human rights situation in Iran in the aftermath of the June presidential elections. Senior officials of my Department have met with the Iranian Ambassador to Ireland on several occasions throughout the summer, to convey my strong concerns on these matters to him. We will continue to bring these matters and the case of detainees such as Dr. Tajbakhsh to the attention of the Iranian authorities and will also avail of the opportunity to express our concerns, both nationally and in an EU context, at the Human Rights Council in Geneva later this month.

Departmental Expenditure. 790. Deputy Damien English asked the Minister for Foreign Affairs the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31579/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): Advertising undertaken by my Department typically includes advisory notices on public opening hours over holiday periods, changes in passport application procedures and fees, and public information notices relating to significant developments in the European Union or in regard to Ireland’s Official Development Aid Programme. Much of this material is now placed on the Department’s Website but advertising continues to be necessary in order to reach all of our customers, particularly in relation to important passport and consular services. The following table give the details of such advertising under Vote 28 (Foreign Affairs) for each year from 2004 to 2008 and to date in 2009.

Year Total Cost

2004 171,732.90 2005 144,835.09 2006 105,973.90 2007 75,288.84 2008 103,890.00 2009 to date 34,999.00

The advertising costs for Irish Aid are charged under Vote 29 and include public information campaigns for Africa Day, World AIDS Day, recruitment and volunteer position announcements, the placement of tender notices and information relating to grant application procedures. Advertising costs increased in 2006 and 2007 as a result of significant campaigns for 334 Questions— 16 September 2009. Written Answers recruitment to the Rapid Response Corps, World AIDS Day and the opening of the Irish Aid Volunteering and Information Centre. Promotions includes materials, signage, event management and design costs for Africa Day events hosted by Irish Aid in 2007, 2008 and 2009 and for Irish Aid’s recent participation in the Electric Picnic Festival, the Ploughing Championships and the Irish Congress of Trades Unions conferences. It also includes promotional signage for the Irish Aid Centre.Promotions includes materials, signage, event management and design costs for Africa Day events hosted by Irish Aid in 2007, 2008 and 2009 and for Irish Aid’s recent participation in the Electric Picnic Festival, the Ploughing Championships and the Irish Congress of Trades Unions conferences. It also includes promotional signage for the Irish Aid Centre. Promotional costs increased significantly in 2008 and 2009 as a result of major Africa Day public events organised by Irish Aid in Dublin and Limerick which attracted approximately 33,000 people. The following table give the details of such advertising under Vote 29 (International Cooperation) for each year from 2004 to 2008 and to date in 2009.

Year Advertising Promotion

2004 44,546.00 1,830.00 2005 123,530.00 5,230.00 2006 271,491.00 40,031.00 2007 417,130.00 91,603.81 2008 401,140.90 301,876.46 2009 to date 44,040.00 285,154.00

In addition to the costs outlined above, the Advisory Board for Irish Aid, whose term expired on the 31st of October 2008, incurred the following annual advertising expenses in connection to the Board’s extensive research programme which required calls for tender on individual research projects to be widely advertised.

Year \

2004 6,231 2005 4,536 2006 8,112 2007 5,796

791. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Foreign Affairs if he provides funding to the European Movement Ireland; and if so, the annual breakdown of that funding since 2005. [31622/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): The Department of Foreign Affairs has provided an annual grant-in-aid to the European Movement Ireland over many years. This funding arises out of the Department’s overall coordinating role in relation to Ireland’s membership of the European Union. Deepening public understanding of the EU and maximising public awareness of Ireland’s role in the Union is an ongoing strategic priority for my Department. The annual breakdown of that funding since 2005 is set out below. This funding is specifically provided under Subhead E of the Department’s Estimates — Contributions to Bodies in Ireland for the Furtherance of International Relations (Grants-In-Aid). 335 Questions— 16 September 2009. Written Answers

[Deputy Michea´l Martin.]

Year \

2005 127,000 2006 250,000 2007 250,000 2008 260,000 2009 250,000

Public Relations Contracts. 792. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Foreign Affairs the details and costs of a tender recently awarded to a public relations company to provide information about the workings of the European Union in advance of the Lisbon treaty referendum. [31623/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): A request for tenders was published on 17 April for the provision of project management and consultancy services to advise and assist the Department of Foreign Affairs in the planning and execution of a public information campaign to inform and promote awareness of the European Union and Ireland’s membership of the European Union. Deepening public understanding of the EU and maximising public awareness of Ireland’s role in the Union is an ongoing strategic priority for my Department. The deadline for submission of tenders was 11 May 2009. Fourteen tenders were received and detailed consideration was given to these tenders in accordance with the normal public procurement rules and with a view to ensuring value for money. It was decided on 22 May to award the contract to Language Communications Ltd. The contract value was \564,922.00, inclusive of VAT. The bulk of that amount was allocated to cover the cost of advertising in a range of local and national media. The contract was signed on 19 June 2009.

International Agreements. 793. Deputy Finian McGrath asked the Minister for Foreign Affairs if he will clarify an issue (details supplied). [31631/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): The issue on which the Deputy seeks clarification relates to the wording of the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009, which was passed by both House of the Oireachtas on 9 July. The Bill is necessary to enable the State to ratify the Treaty of Lisbon. The Government and opposition parties have taken great care to ensure that the proposition put to the people on Friday, 2 October, is as clear and as comprehensible as possible. The explanatory memorandum which was prepared to accompany the Twenty-Eighth Amendment of the Constitution (Treaty of Lisbon) Bill 2009’s passage through the Houses of the Oireachtas explains in detail the reasoning underlying the language of the amendment. The new subsection 6°, which is referred to in the material supplied by the Deputy, is mod- elled on the current Article 29.4.10°. This provision has essentially been in place since Ireland’s accession to the European Communities in 1973, and does not represent a legal innovation of any kind. It ensures legal compatibility between EU law and the Irish Constitution, and would carry forward constitutional cover for laws, acts and measures “necessitated by the obligations” of EU membership, before and after the Treaty of Lisbon enters into force. I should add that this applies only to those policy areas where the EU has been given powers by the Member 336 Questions— 16 September 2009. Written Answers

States. The Lisbon Treaty makes it clear that competences not specifically conferred on the EU remain with the Member States. In advance of the referendum, each voter in Ireland will receive a Statement for the Infor- mation of Voters, approved by the Houses of the Oireachtas. The Statement will give the wording of the proposed amendment, along with an explanation of what it entails. The wording of the amendment, together with the accompanying explanation, will also be available in polling stations on the day of the referendum. In addition to the explanatory material on the legislation, the Government has prepared a comprehensive information package, covering the Treaty of Lisbon, the new package, and, separately, issues related to the broader issue of Ireland’s membership of the European Union. The Government’s Lisbon Treaty website, www.lisbontreaty.ie , is a reliable source of current, factual information on the Treaty. Similarly, the Referendum Commission’s website, Similarly, the Referendum Commission’s website, www.lisbontreaty2009.ie will be of value to voters seeking to inform themselves about the Treaty and the additional legal guarantees obtained by Ireland in June, in the run-up to the referendum.

794. Deputy Ciara´n Cuffe asked the Minister for Foreign Affairs if a delegation from Ireland will attend the signing ceremony for the new optional protocol to the International Covenant on Economic, Social and Cultural Rights at the UN in New York on 24 September 2009; and if he will make a statement on the matter. [31676/09]

795. Deputy Ciara´n Cuffe asked the Minister for Foreign Affairs if he will report to Da´il E´ ireann on Ireland’s timetable for signature and ratification of the new optional protocol to the International Covenant on Economic, Social and Cultural Rights, which opens for signature and ratification in New York on 24 September 2009; the steps necessary for ratification; his plans to overcome existing obstacles; and if he will make a statement on the matter. [31677/09]

796. Deputy Ciara´n Cuffe asked the Minister for Foreign Affairs his views on whether Ireland’s signing and ratifying the new optional protocol to the International Covenant on Economic, Social and Cultural Rights would be a positive step for the people of Ireland; and if he will make a statement on the matter. [31678/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): I propose to answer Questions Nos. 794 to 796, inclusive, together. The International Covenant on Economic, Social and Cultural Rights (ICESCR) was ratified by Ireland on 8 December 1989. The Optional Protocol to this International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) will set up a mechanism that will make it possible for individuals or groups of individuals to submit a complaint to the UN Committee on Economic, Social and Cultural Rights in regard to violations of their economic, social and cultural rights by a State Party to that Protocol. It does not create any new substantive rights. Discussions on the Optional Protocol to the ICESCR took place in a Working Group which held its first session in 2004. In June 2006, the UN Human Rights Council mandated the Working Group to negotiate the text of an Optional Protocol, and requested the Chairperson- Rapporteur of the Working Group to prepare a draft to serve as the basis for negotiations. Following consideration by the UN Human Rights Council, the text of the Optional Protocol was presented to the UN General Assembly last year which adopted the text by consensus on 10 December 2008, the sixtieth anniversary of the Universal Declaration of Human Rights. Officials of this Department were actively engaged at all stages of negotiation on the Optional

337 Questions— 16 September 2009. Written Answers

[Deputy Michea´l Martin.] Protocol, in consultation with other relevant Government Departments, our EU partners and other UN member states. Inter-departmental consultations on consideration of Ireland’s signature and ratification of the Optional Protocol are continuing, with this Department playing a co-ordination role. Accordingly we do not expect to be in a position to sign the Optional Protocol at the signing ceremony in New York on 24 September 2009.

Departmental Programmes. 797. Deputy David Stanton asked the Minister for Foreign Affairs the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31713/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): The Finance (No. 2) Act 2008 provided for the introduction of an exemption from income tax in respect of a benefit-in-kind arising from a bicycle or associated safety equipment being supplied by an employer to an employee for the purposes of commuting to work. Thus far, fourteen officers in my Department have applied to participate in the Scheme. There are no costs to my Department associated with the administration of the Cycle to Work Scheme. The cost of any equipment purchased by the Department for its employees is met in full by means of deductions at source, made over the course of one year, from the salaries of the individual officers who are availing of the scheme.

Human Rights Issues. 798. Deputy Ulick Burke asked the Minister for Foreign Affairs the position regarding the efforts at Irish and EU level to have a person (details supplied) released; and if he will make a statement on the matter. [31719/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): As Deputies will be aware, and as stated previously in this House on many occasions, the Government is deeply concerned about the situation in Burma and plays an active role in international efforts to bring about positive change there. As indicated in the statement I issued on 11 August, the arrest, trial and conviction of Daw Aung San Suu Kyi, on the most spurious of charges, further compounds the already bleak situation in that country, where repression against members of the opposition, the ethnic groups and the population at large continues unabated and human rights and fundamental freedoms are systematically denied. The sentence provides clear evidence of the regime’s intent to silence Aung San Suu Kyi in the lead-up to the elections they plan to hold next year on the basis of a discredited new Constitution, which excludes her from running in them. It also serves to confirm the Burmese junta’s determination to continue its illegal rule without regard for the will of the Burmese people, in blatant disregard of the demands of the international community, including the UN Secretary-General, Ban Ki-moon and in breach of international law and its own laws. More than 2,100 political prisoners are serving sentences in deplorable conditions, many on questionable charges. The elections which the Burmese authorities are planning to hold next year will have no credibility or legitimacy if they are not opened up fully to the opposition and to all ethnic groups. Efforts by the international community, including those by the UN Sec- retary-General himself during his visit to Burma in July, and by his Good Offices Mission, to secure the release of political prisoners, including Aung San Suu Kyi, and the launching of a

338 Questions— 16 September 2009. Written Answers process of national dialogue and reconciliation have, unfortunately, been rejected by the regime to date. In the circumstances, Ireland has long been in favour of strong international action against the Burmese regime, including sanctions and an arms embargo. Together with EU partners, Ireland had been proposing a strengthening of EU sanctions in response to the action taken by the regime against Aung San Suu Kyi and I am pleased that, following the conviction, the EU has taken immediate action to extend its sanctions against the regime and the judges involved in her trial and sentencing. These additional restrictive measures came into force on 13 August. I will continue to work in the EU and UN frameworks and with the countries of the region to do all possible to advance our objectives in relation to Burma and to press for the release of Aung San Suu Kyi and all political prisoners there. The up-coming twelfth session of the Human Rights Council in Geneva from 14 September to 2 October next will offer another such opportunity.

Foreign Conflicts. 799. Deputy Denis Naughten asked the Minister for Foreign Affairs his views on the recent election in Afghanistan; and if he will make a statement on the matter. [31720/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): At the present moment, the results of the elections in Afghanistan are still awaited. Though the outcome is not entirely certain, I am happy to set out my views on the electoral process to date. I welcome the fact that it was possible to hold both Presidential and Provincial Elections in most parts of Afghanistan on 20 August, despite the very difficult security situation prevailing there and threats from the Taliban that they would be targeting polling stations and voters. I also welcome the fact that, despite the threats, around 17 million Afghans registered to vote in the months before the elections, that candidates in both elections were largely able to carry out successful election campaigning and that around 6,500 polling stations were set up and functioned on election day. However, the high number of Taliban attacks which took place in many parts of the country before and during the elections was a cause of great concern, with over 200 incidents in total recorded on election day. Although other factors were also involved, security threats were a major factor in a very low voter turn-out, estimated at under 30%. I am deeply concerned also by reports and evidence of large-scale fraud having taken place in the Presidential elections in particular, with over 2,000 complaints received by the ECC, about one third of those classified as ‘Category A’ claims, which could, if substantiated, affect the outcome of the election. It is vital that the election process and outcome are seen to be credible. The low turn-out and the widespread allegations of fraud certainly raise questions about credibility, but it is too early at this stage to pronounce definitively on this issue. Ultimately, it will be up to the Afghan people to determine if the elections, and their outcome, are credible and acceptable in their eyes. How the ECC and the IEC handle the allegations of fraud — and are perceived to handle them — will be crucial in this regard. This process is currently underway, with some results annulled and some recounting and auditing taking place. The UN has been playing a major role in supporting the elections process. The EU has also assisted, most notably by agreeing to mount a full EU Electoral Observation Mission with around 200 professional monitors, who monitored both the preparations for the elections and the process on election day and who have also been providing independent assessments of the

339 Questions— 16 September 2009. Written Answers

[Deputy Michea´l Martin.] process to date. Two long-term Irish observers participated in the EU Mission. In addition, Irish Aid provided some funding through the UN system for the preparation of the elections. In a statement issued on 10 September by the EU Presidency, the EU expressed concern at the allegations of fraud at a number of polling stations, noting that the ECC has been required to investigate these claims. In the statement, the EU acclaimed the important work of the ECC to safeguard the credibility of the elections and underlined the need for its independence to be fully secured and given sufficient time to fulfil its mandate, in co-operation with the IEC. The EU statement also expressed the hope that all authorities will refrain from prejudging the result until it has been properly certified. I fully endorse this statement.

Human Rights Issues. 800. Deputy Frank Feighan asked the Minister for Foreign Affairs his views on the expulsion of UNICEF’s communications chief (details supplied) from Sri Lanka recently. [31721/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): I am dismayed by the decision of the Government of Sri Lanka to order the expulsion of Mr James Elder, the respected UNICEF Communication Chief in Sri Lanka, from the country, by 21 September. The expulsion appears to relate to remarks made to the media by Mr Elder in the course of his official duties as UNICEF spokesperson, in relation to the suffering of children during the military campaign prior to the cessation of hostilities in May and also to conditions in the camps for Internally Displaced Persons (IDPs) which have been established by the Government since that time. I have noted that on 8 September the UN Secretary General, Ban Ki-moon, has also strongly regretted the Government’s decision and has indicated his intention to take up the issue with President Mahinda Rajapaksa at the earliest opportunity. Mr Elder’s expulsion follows the sentencing on 31 August of the journalist, J.S. Tissainayagam, to 20 years hard labour by the Colombo High Court on charges of violating anti-terrorism laws. Both the decision to expel Mr Elder and the verdict and disproportionate sentence handed down on Mr Tissainayagam give rise to serious concern in relation to freedom of expression and the freedom of the press in Sri Lanka. For my part, I have taken a consistently strong line, both bilaterally and within the EU, in pressing the Government of Sri Lanka to respond to international demands to fulfil its responsibilities to the Tamil community in Sri Lanka, including the 280,000 IDPs who are currently held in camps in the north of the country. In a discussion earlier this year at my instigation, I made clear to the Ambassador of Sri Lanka my deep concerns and expectations. My concerns were also conveyed last week by senior officials of my Department to a representative of the Government of Sri Lanka. These concerns relate to conditions within the IDP camps at the moment, to the need for independent monitoring of the situation and to the requirements of the Tamil community in the longer term, if a successful peace process is to be launched and sustained. At EU level, Ministers will discuss the situation in Sri Lanka at the GAERC meeting in October. We will discuss how best to engage the Government of Sri Lanka in a meaningful dialogue which will enable us to assist IDPs in the camps and which will also facilitate the genuinely inclusive process of political reconciliation with the Tamil minority which is urgently needed. This must be based on the principles of parity of esteem, consent, equality, the rule of law and respect for human rights . In view of the serious humanitarian crisis in the affected areas, Irish Aid has provided funding of \308,000 for emergency response in Sri Lanka through NGO partners, including emergency

340 Questions— 16 September 2009. Written Answers medical and nutrition support, the provision of shelter, and distribution of food and non-food items. In addition, a member of Irish Aid’s Rapid Response Corps was deployed to Sri Lanka to assist in the emergency response effort of the UN Refugee Agency (UNHCR).

Ministerial Expenses. 801. Deputy George Lee asked the Minister for Foreign Affairs the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31947/09]

Minister for Foreign Affairs (Deputy Michea´l Martin): I have detailed below in tabular form the expenses incurred relating to motor travel allowance (mileage) and travel subsistence expenses incurred by all Ministers and Ministers of State who have served at my Department since January 2004. As our current electronic accounting system has only been in operation since January 2004, it has not been possible, in the time available, to retrieve comprehensive information for the earlier years. In addition to these expenses, Ministers and Ministers of State are also entitled to claim a set allowance for miscellaneous expenses, the maximum rates and conditions of which are set by the Department of Finance.

Ministerial Travel Subsistence and Motor Travel Allowance Expenses.

2004 2005 2007 2008 2009 (to date)

Subs* Mileage** Subs Mileage Subs Mileage Subs Mileage Subs Mileage

Ministers Brian Cowen T.D. 3,126 1,340 Dermot Ahern T.D. 1,119 11,041 5,619 4,975 2,034 Michea´l Martin T.D. 3,917

Ministers of State Tom Kitt T.D. 6,790 15,878 Conor Lenihan T.D. 237 6,371 16,097 5,117 16,846 903 8,177 Michael Kitt T.D. 1,077 13,322 880 17,697 Peter Power T.D. 3,714 15,175 Dick Roche T.D. 2,849 1,499 13,311 6,145 28,467 Noel Treacy T.D. 859 10,146 4,164 18,101 3,319 43,174 1,598 36,462

*‘Subs’ relate to travel subsistence payments made for meals and incidental expenses incurred when engaged on official travel. The conditions and rates of these subsistence payments are set centrally by the Department of Finance. **The conditions and rates of Mileage payments are also set centrally by the Department of Finance. Ministers of State are not provided an official State car but rather claim mileage for official travel made using their own vehicle.

Sports Funding. 802. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism his plans for the future of the sports inclusion disability officer programme; and if he will make a statement on the matter. [30434/09]

803. Deputy Kathleen Lynch asked the Minister for Arts, Sport and Tourism his views on the fact that the sports inclusion disability officer programme has been a success in enabling those with a disability the opportunity to participate in sport; if he will confirm that continuing funding beyond 2009 will be made available to continue this project; if, in view of the success of this programme he will consider extending the scheme to all 33 local sports partnerships here; and if he will make a statement on the matter. [30769/09] 341 Questions— 16 September 2009. Written Answers

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I propose to answer Questions Nos. 802 and 803 together. Special funding of \2.3 million was allocated from the dormant accounts fund, through my Department, for the appointment of 20 Sports Inclusion Development Officers (SIDOs) in Local Sports Partnerships (LSPs) in 2008. The SIDOs were appointed on two-year contracts to provide opportunities for persons with a disability to participate in sport and physical activity. The Department of Community, Rural and Gaeltacht Affairs has overall responsibility for dormant accounts spending. The funding through my Department is an element of a larger set of economic and social disadvantage funding measures including funding for persons with a disability. A network of 33 LSPs have been set up throughout the country by the Irish Sports Council (ISC) to coordinate and promote sport at local level especially amongst specific target groups such as older people, girls & women, people with disabilities, unemployed people, and those who live in identified disadvantaged communities. The special dormant accounts funding was in addition to the annual funding provided to the LSPs by the ISC for programmes and initiatives aimed at increasing participation in recreational sport. The ISC has allocated \6 million to the LSPs in 2009. The continuation of the SIDO scheme from 2010 will be dependent on negotiations on the 2010 Estimates.

Film Industry Development. 804. Deputy Finian McGrath asked the Minister for Arts, Sport and Tourism if he will support a matter (details supplied). [30262/09]

806. Deputy Charlie O’Connor asked the Minister for Arts, Sport and Tourism the measures he will take to ensure that foreign investors will continue to look on Ireland as a viable, attract- ive location for the production of feature films; the efforts being made in that regard; and if he will make a statement on the matter. [30712/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): I propose taking Questions Nos. 804 and 806 together. The proposals in the Report of Special Group on Public Sector Numbers and Expenditure Programmes (McCarthy Report) have not been adopted by the Government as policy but will be considered in the context of the 2010 estimates debate. I would like to assure the Deputy that in the ensuing debate I will be articulating the benefits to Ireland of having a vibrant film industry. As you are aware, the Section 481 film tax relief scheme was extended until the end of 2012 with significant enhancements in the two Finance Acts in 2008. Approval from the European Commission to the extension and the enhancements was obtained in March of this year and the Minister for Finance subsequently signed the commencement orders on 16 March. Clearly, this shows a long term commitment by the Government to the Irish audiovisual industry. Fur- thermore, the recently published Report of the Commission on Taxation recommended that the Section 481 scheme should be continued. I want to reiterate that I remain fully committed to the Section 481 scheme, the Irish Film Board and the Irish audiovisual industry.

805. Deputy Olivia Mitchell asked the Minister for Arts, Sport and Tourism the number of persons employed by the Film Board; and if he will make a statement on the matter. [30451/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The number of persons currently employed by the Irish Film Board is sixteen. The Chief Executive is supported by staff

342 Questions— 16 September 2009. Written Answers in the following areas — Business Affairs, Production & Development, Marketing, Irish Film Commission and Administration.

Question No. 806 answered with Question No. 804.

Licensing of Firearms. 807. Deputy Dan Neville asked the Minister for Arts, Sport and Tourism, further to Parliamentary Question No. 214 of 1 July 2009, the position regarding this matter. [30767/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): As the Deputy will be aware the Criminal Justice (Miscellaneous Provisions) Bill 2009, which contains restrictions on handguns, was enacted during the summer. The Department of Justice informed me that they had liaised closely with the sports shooting groups, through the Firearms Consultative Panel (FCP) over the previous 18 months and that there had been considerable discussion on many aspects of shooting sports. My colleague, the Minister for Justice, Equality and Law Reform has written to me in relation to some issues which have arisen in relation to target shooting arising from his meeting with the FCP. My Department has liaised with the Department of Justice, Equality and Law Reform on these issues and I have asked the Irish Sports Council to conduct a review regarding the impact of the legislation and consult with the relevant National Governing Bodies and shooting representative organisations to see if any changes are needed.

Departmental Staff. 808. Deputy Niall Collins asked the Minister for Arts, Sport and Tourism if civil servants from his Department who are members of boards of agencies, including commercial and non- commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31222/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): One civil servant in my Department is in receipt of a fee for membership of a board of a state body under the aegis of the Department. The civil servant in question, who is not an ex-officio member of either board, is a member of two boards but is paid in respect of one membership. The payment of such a fee is a matter for the board. There is no requirement for the fee to be surrendered to the Department. The Department complies with Department of Finance guidelines on payment of fees to board members.

Sports Capital Programme. 809. Deputy Denis Naughten asked the Minister for Arts, Sport and Tourism when the sports capital grant programme will be reinstated; and if he will make a statement on the matter. [31358/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): No decision has been taken on the timing of the next round of the Programme.

Departmental Expenditure. 810. Deputy Damien English asked the Minister for Arts, Sport and Tourism the amount of money spent on advertising and promotions in his Department and each agency under his aegis

343 Questions— 16 September 2009. Written Answers

[Deputy Damien English.] for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31571/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The expenditure on advertising and promotions by the Department, including the National Archives, in the years 2004 to 2008, inclusive, and to date in 2009 is as set out in tabular form below.

Year Expenditure \

2004 392,178 2005 200,824 2006 243,430 2007 119,422 2008 83,900 2009 (to date) 14,257

Expenditures by the National Museum of Ireland and the National Library of Ireland are included in the figures for 2004 and 2005, as both organisations formed part of the Department until they were established as separate corporate entities in May 2005. Moreover, some of the above figures do not include the very minor expenses payable to the Office of Public Works for placing notices in Iris Oifigiu´ il. The commissioning of advertising and promotions by the agencies under the aegis of the Department is a matter for the agencies themselves.

Departmental Programmes. 811. Deputy David Stanton asked the Minister for Arts, Sport and Tourism the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31705/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): There is no discernible cost to this Department’s vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the upfront costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of this Department is \3,046.

Ministerial Expenses. 812. Deputy George Lee asked the Minister for Arts, Sport and Tourism the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31940/09]

Minister for Arts, Sport and Tourism (Deputy Martin Cullen): The amounts that have been claimed in expenses by each Senior and Junior Minister from 2002, the date of establishment of the Department, to date is as follows:

• John O’Donoghue T.D. (2002 to 2007) — \16,296.09;

• The late Seamus Brennan T.D. (2007 to 2008) — \246.36; 344 Questions— 16 September 2009. Written Answers

• Martin Mansergh T.D. (2008 to 2009) — \1,202.12;

• Martin Cullen T.D. (2008 to 2009) — \7,586.04 (which includes \2,845 for nineteen days at the Beijing Olympics which would not be an annual recurring cost).

These amounts relate to expenses incurred by the Ministers in the course of their official duties.

Community Development. 813. Deputy Pat Breen asked the Minister for Community, Rural and Gaeltacht Affairs if he will clarify the position regarding the future of a company (details supplied) in County Clare; if funding will be provided after December 2009; and if he will make a statement on the matter. [30373/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): The majority of CSP contracts are due to expire at the end of 2009. Renewal of these contracts will fall for consideration in the context of the annual Estimates process for my Department for 2010. Contracts will be renewed subject to the availability of sufficient funding and the satisfactory performance of projects in contract. My Department will be contacting projects in the coming months in this regard.

814. Deputy Finian McGrath asked the Minister for Community, Rural and Gaeltacht Affairs if he will support groups (details supplied) in County Dublin in 2009 and 2010. [30678/09]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy John Curran): As the Deputy will be aware, funding from my Department for drug specific projects is overseen by the Local and Regional Drugs Task Forces. I have been advised by Dublin North East Local Drugs Task Force — the Task Force which oversees funding to the projects referred to by the Deputy — that they have already been approved funding to meet their requirements in 2009. Subject to funding available, the Task Force has advised me that it will endeavour to support drugs projects in its area in 2010.

Decentralisation Programme. 815. Deputy John O’Mahony asked the Minister for Community, Rural and Gaeltacht Affairs when will a decision be made in respect of the decentralisation of his offices to Charles- town, County Mayo; and if he will make a statement on the matter. [30733/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware, under the Decentralisation Programme my Department’s headquarters are scheduled to relocate to Charlestown, Co Mayo, and the Office of Public Works (OPW) has been engaged in the process of selecting and purchasing a permanent site for my Department’s headquarters at that location. I understand that negotiations are still ongoing between the OPW, the Department of Finance and relevant authorities in relation to a particular site in Charlestown, which it has identified as being suitable. The Deputy will also be aware that the Department of Finance was recently approached by a community development organisation in relation to a property in Kiltimagh, Co Mayo, with turn-key potential as a headquarters building. On foot of this approach, OPW is currently examining the property in question to ascertain its suitability. I should emphasise that this is a sensible and prudent response to the approach that has been made and implies no decision.

345 Questions— 16 September 2009. Written Answers

Rail Network. 816. Deputy Joe Carey asked the Minister for Community, Rural and Gaeltacht Affairs his views regarding the development of the western rail corridor; and if he will make a statement on the matter. [30832/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): As the Deputy will be aware, in 2005 my colleague, the Minister of Transport, announced the proposed re-opening of the Western Rail Corridor (WRC) on a phased basis as part of Transport 21. I understand that work is continuing on the first phase of the Corridor, from Ennis to Athenry and it is on target to be completed by the end of the year. The Government is committed to progressing planning on the Corridor and the immediate next step, following completion of phase 1, will be for Iarnro´ dE´ ireann to undertake a detailed evaluation of phases 2 (Athenry- Tuam) and 3 (Tuam-Claremorris) with a view to arriving at precise costs to undertake these works. The current funding environment is difficult and it will not be possible to progress all the projects in Transport 21 in accordance with the ambitious timescale envisioned at its launch. However, the Minister for Transport is seeking to progress planning of projects, such as phases 2 and 3 of the WRC, to ensure that we are in a position to move speedily to construction when financial circumstances permit. As part of the support for this project, my own Department has provided funding of \3.5m towards line clearance work.

Security of the Elderly. 817. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding a scheme (details supplied); if a review has taken place; if so, the outcome of the review; and if he will make a statement on the matter. [30956/09]

819. Deputy Pa´draic McCormack asked the Minister for Community, Rural and Gaeltacht Affairs if the community support for older people grant scheme will be restored; and if he will make a statement on the matter. [31206/09]

821. Deputy Edward O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding a grant scheme (details supplied) in County Cork. [31243/09]

822. Deputy Sea´n Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs when funding to the scheme of community support for older people will be made available to finance the purchase of personal safety alarms; and if he will make a statement on the matter. [31280/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I propose to take Questions Nos. 817, 819, 821 and 822 together. The Scheme of Community Support for Older People was suspended on 7th April. This was done with a view to affording my Department the opportunity to review the Scheme’s operation and to consult with interested parties. This review is currently ongoing and to date in excess of 100 written submissions have been received. In addition, some 100 community groups have contributed to the review through a telephone survey conducted by my Department. My officials are also meeting with representatives of An Garda Sı´ocha´na at national and local level, the Fire Services, officials of other Government Departments and the Health Service Executive and other parties dealing with issues surrounding the welfare and security of

346 Questions— 16 September 2009. Written Answers older people to establish what other measures might be implemented to improve the administration and operation of the Scheme. While it is too early to be categoric regarding the completion date I understand that the report is likely to be finalised over the coming weeks.

Road Network. 818. Deputy Michael Ring asked the Minister for Community, Rural and Gaeltacht Affairs the circumstances regarding the processing of a Gaeltacht road grant application for persons (details supplied) in County Mayo; and if he will make a statement on the matter. [30994/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I am advised that the application under Sce´im na mBo´ ithre A´ ise referred to by the Deputy was received on 23 February 2009 and subsequently examined by an official of my Department on 31 July 2009 during a visit to the area in question. The condition of the road did not warrant it being afforded priority under the scheme. On foot of further representations received, the road was inspected again by another official on 7 August 2009 and the initial assessment was confirmed. In line with good practice, road inspections such as this are carried out periodically when my officials have a range of duties to perform in particular areas, e.g., visits associated with Irish Summer Colleges, Gaeltacht Summer Camps, etc. This policy ensures that the work, and the costs associated with it, is being carried out in an efficient and cost-effective manner.

Question No. 819 answered with Question No. 817.

Departmental Staff. 820. Deputy Niall Collins asked the Minister for Community, Rural and Gaeltacht Affairs if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31224/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): No such cases arise in relation to civil servants in my Department.

Questions Nos. 821 and 822 answered with Question No. 817.

Departmental Expenditure. 823. Deputy Damien English asked the Minister for Community, Rural and Gaeltacht Affairs the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31573/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I refer the Deputy to my reply to Parliamentary Question number 259 on the 21st November 2007, for information regarding the years 2004, 2005 and 2006. The information in respect of my Depart- ment for 2007 and 2009 to date is below:

2007 2009 to date \\

Advertising and Promotions 184,932 32,389

347 Questions— 16 September 2009. Written Answers

[Deputy E´ amon O´ Cuı´v.] 2007 2009 to date \\

It is not feasible within the timeframe provided to compile the data sought by the Deputy regarding the amount of money spent on advertising and promotions by each Agency under the aegis of my Department. Accordingly, I am arranging for the material to be compiled by my Department and provided directly to the Deputy.

Departmental Programmes. 824. Deputy David Stanton asked the Minister for Community, Rural and Gaeltacht Affairs the cost of administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31707/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): There is no discernible cost to my Department’s Vote in administering the cycle to work scheme, as those participating pay for the bicycles and equipment by way of salary sacrifice. The total amount sanctioned to date by way of cycle purchases for 4 staff in my Department is \2,181. There are minor costs arising in the context of processing applications received and in carrying the up- front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable.

Ministerial Expenses. 825. Deputy George Lee asked the Minister for Community, Rural and Gaeltacht Affairs the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31942/09]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I assume the Deputy is referring to travel & subsistence expenses. Travel and subsistence expenses paid to me as Minister since the establishment of my Department in June 2002 to end-2008 are set out in Table 1 below.

Table 1: Travel and subsistence expenses paid to E´ amon O´ Cuı´v, T.D., Minister for Community, Rural and Gaeltacht Affairs, June 2002 to end-2008

Period Amount \

2008 8,472 2007 2,550 2006 4,127 2005 5,296 2004 1,386 2003 3,796 June-December 2002 1,569

Total 27,196

348 Questions— 16 September 2009. Written Answers

Travel and subsistence expenses paid to Ministers of State at my Department — Ministers of State John Curran, T.D., Pat Carey, T.D., and Noel Ahern, T.D. — over the same period are set out in Table 2 below.

Table 2: Travel and subsistence expenses paid to Ministers of State at the Department of Community, Rural and Gaeltacht Affairs, June 2002 to end-2008

Period Minister Ahern Minister Carey Minister Curran

\\\

2008 — 13,088 10,639 2007 12 9,012 — 2006 1,489 — — 2005 361 — — 2004 — — — 2003 1,268 — — June-Dec 2002 — — —

Total 3,130 22,100* 10,639* *Includes mileage in relation to use of car on official business.

In all cases, travel and subsistence was paid in respect of absences on official business and in accordance with Department of Finance guidelines. The cost of all official travel is paid out of monies provided by the Oireachtas and approved in the Estimates process. Details of proposed expenditure under my Department’s administration subheads are given at the relevant Estimates meetings of the Joint Committee on Arts, Sport, Tourism, Community, Rural and Gaeltacht Affairs.

Social Welfare Benefits. 826. Deputy James Bannon asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has been refused a supplementary welfare allowance; and if she will make a statement on the matter. [30247/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on behalf of the Department by the Community Welfare Service of the Health Service Executive (HSE). The purpose of mortgage interest supplement is to provide short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement is normally calculated to ensure that a person, after the payment of mortgage interest, has an income equal to the rate of supplementary welfare allowance, appropriate to their family circumstances, less a minimum contribution of \24 per week, which recipients are required to pay from their own resources. When assessing entitlement to mortgage interest supplement, only the portion of mortgage interest that relates to the purchase, essential repair or improvement of a person’s sole or main residence is taken into account. The Health Service Executive has advised that it refused payment of a mortgage interest supplement to the person concerned, on the grounds that his income is sufficient to meet the interest repayments on the element of his loan which relates to his main residence. His mortgage contains other elements not linked to the purchase, repair or improvement of his residence. The Executive has further advised that a HSE Appeals Officer has upheld the decision 349 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] of a Community Welfare Officer not to pay mortgage interest supplement to the person concerned. It is open to him to appeal this decision further to the Social Welfare Appeals Office.

Family Support Services. 827. Deputy Pat Breen asked the Minister for Social and Family Affairs her views on family resource centres and the contribution same make to our communities; if funding will continue to be provided to these centres; and if she will make a statement on the matter. [30566/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Family and Community Services Resource Centre Programme is operated by the Family Support Agency which is under the auspices of my Department. There are currently 107 Family Resource Centres (FRCs) nationwide. The total budget for the Family and Community Services Resource Centre Programme in 2009 is over \18m. The aim of this Programme is to combat disadvantage and improve the functioning of the family unit. The emphasis in Family Resource Centres (FRC) is on the involvement of the local community in developing approaches to tackle the problems they face and on creating successful partnerships between the voluntary and statutory agencies in the area concerned. FRCs assess the needs of their local communities and ensure that there are services and supports in place to address these needs. They involve people from marginalised groups and areas of disadvantage at all levels in the project. The Report of the Special Group on Public Service Numbers and Expenditure Programmes made a range of recommendations relating to the Department of Social and Family Affairs including recommendations relating to the Family Support Agency and its programmes. The Department will consider, as part of the Estimates and budgetary process for 2010, the Report’s recommendations and decisions on all of the issues arising will be a matter for Government. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Social Welfare Code. 828. Deputy Ruairı´ Quinn asked the Minister for Social and Family Affairs her views on expanding the back to education allowance in order that it will cover postgraduate courses aside from teaching courses; the estimated cost for same; and if she will make a statement on the matter. [30930/09]

915. Deputy Michael Ring asked the Minister for Social and Family Affairs her views on reviewing the criteria for the back to education allowance in view of the number of graduates currently unemployed (details supplied). [31249/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Question Nos. 828 and 915 together. The objective of the back to education allowance scheme is to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. The scheme covers courses of education from second level to Higher Diploma level in any discipline [the National Framework of Qualifications {NFQ} and to a Graduate Diploma in Education (Primary and Secondary Teaching)] which add significantly to a person’s employability. Other postgraduate qualifications (level 9 or level 10) are not included. The number of people on the scheme at the end of the 2008/2009 academic year was 11,646 representing an

350 Questions— 16 September 2009. Written Answers increase of 31% on the previous academic year and the scheme was modified in the April supplementary budget to reduce the qualifying period. The focus of the back to education allowance is on providing assistance to the highest possible number of those in greatest need in terms of meeting the requirements of a modern labour market. People in possession of a third level qualification have already achieved a high level of academic attainment which should impact positively on their employment prospects. The possession of qualifications such as Postgraduate Diplomas, Professional Diplomas and MA courses or specialised post-graduate courses in Science/IT/Engineering at level 9 or above on the NFQ are not regarded as a prerequisite to re-entering the workforce and at present there are no plans to extend the scheme to cover courses at this level. This approach is considered appropriate in the context of targeting scarce resources at the greatest need. The scheme will continue to be monitored in the light of the changed economic circumstance in order to ensure that it continues to meet its objectives.

Social Welfare Appeals. 829. Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs when a review will be undertaken following rent support appeal in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [31137/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The purpose of the rent supplement scheme is to provide short-term income support to eligible persons living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from another source. The Health Service Executive has advised that rent supplement was refused on the basis that the person concerned has vacated accommodation provided by a local authority, without good cause. Social welfare legislation provides that it is a condition of entitlement to rent supplement that a person has not vacated accommodation provided by a housing authority or if s/he has vacated such accommodation the Executive is satisfied that s/he had good cause for so doing. This decision was appealed to a Health Service Executive Appeals Officer and the decision to refuse rent supplement was upheld. The person concerned has appealed the decision to refuse rent supplement to the Social Welfare Appeals Office. This Office has advised that no decision has been made on the appeal to date.

830. Deputy Mary O’Rourke asked the Minister for Social and Family Affairs if she will review the case of a person (details supplied) in County Westmeath. [30089/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Depart- ment have been received and the case has been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare

831. Deputy Jack Wall asked the Minister for Social and Family Affairs when the office of the chief appeals officer will decide on an appeal by a person (details supplied) in County Kildare against the decision to refuse their application for guardian’s contributory payment; and if she will make a statement on the matter. [30090/09]

351 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

832. Deputy Jack Wall asked the Minister for Social and Family Affairs the position of an appeal by a person (details supplied) in County Kildare against the decision to refuse their application for domiciliary care allowance; and if she will make a statement on the matter. [30095/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the relevant Depart- mental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Insurance. 833. Deputy Michael McGrath asked the Minister for Social and Family Affairs the number of self-employed persons paying class S PRSI contributions for each of the past three years; and the number of persons currently paying such contributions. [30096/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The latest figures available for the numbers of people paying class S contributions are as follows:

Year Number

2007* 335,824 2006 356,548 2005 356,640 *Provisional.

Social Welfare Appeals. 834. Deputy Phil Hogan asked the Minister for Social and Family Affairs when a decision will be made on an appeal for illness benefit in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [30111/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Parliamentary Questions. 835. Deputy John McGuinness asked the Minister for Social and Family Affairs if she will address the issue raised in a previous parliamentary question regarding a person (details supplied) in County Kilkenny due to the fact that the reply issued does not relate to the question asked; and if she will make a statement on the matter. [30145/09] 352 Questions— 16 September 2009. Written Answers

855. Deputy John McGuinness asked the Minister for Social and Family Affairs if an agreement will be reached between herself and a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [30502/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose taking Questions Nos. 835 and 855 together. The issues raised by the Deputy have been considered in the Department and sanction has been received from the Department of Finance to progress the matter. The Department will be contacting the Chief State Solicitor’s Office so that the necessary legal arrangements can be put in place so that the matter can be finalised.

Social Welfare Appeals. 836. Deputy John Cregan asked the Minister for Social and Family Affairs when a decision will be made in respect of an appeal by a person (details supplied) in relation to an illness benefit claim; and if she will make a statement on the matter. [30146/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that the person concerned furnished her grounds of appeal and, in accordance with statutory requirements, the relevant Departmental papers and comments of the Department were sought. These are now to hand and will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff. 837. Deputy Paul Connaughton asked the Minister for Social and Family Affairs the reason that there are not more social welfare inspectors employed in the Tuam area of County Galway in view of the backlog of files that are waiting to be looked at; the further reason it is not possible to increase the social welfare inspectorate in places such as Tuam and many other areas around the country in view of the number of people out of work; and if she will make a statement on the matter. [30164/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Social Welfare Inspectors appointed under Section 250 of the Social Welfare Consolidation Act 2005, investigate claims to all means tested Social Welfare Schemes, excluding Supplementary Welfare Allowance. Reviews of means tested payments are also carried out by Inspectors to ensure the conditions regarding entitlement continue to be satisfied. The Inspectors’ remit also includes the combat- ing of fraud and abuse of all the Department’s schemes. The increase in the Live Register over the last year or so has resulted in considerable extra demands being made on the resources of the Department’s Inspectorate. As a result of this approval was received for 40 additional assignments to the grade of Social Welfare Inspector. Of these 40 posts, 15 Inspectors have already been assigned and a further 12 posts are categorised as ‘offer accepted’ where individuals have been appointed to the posts and the process of assigning them is underway. Work is continuing to fill the remaining 13 posts and it is hoped to have this process completed shortly. There are two Social Welfare Inspector posts in Tuam. One of these posts has been vacant for some time although every effort has been made to fill this vacancy through staff re-deployment from other Government Departments. Unfortunately, it has not been possible to fill this position to date partly because it is in competition for resources with vacancies arising else-

353 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] where in the East Galway area. As an interim measure a full-time Inspector from Galway was assigned recently to the Tuam post on a temporary basis and in addition, some part-time support is also provided.

Social Welfare Benefits. 838. Deputy Jimmy Devins asked the Minister for Social and Family Affairs the procedures in place to ensure that EU Regulation 1408/71 is enacted; if she will clarify that child benefit is payable to EU persons who are employed here or in receipt of unemployment benefit but is not payable to those who are in receipt of jobseeker’s allowance or unemployment assistance; and the procedures in place to prevent potential abuse or fraud of these payments. [30166/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Child Benefit is payable in respect of children who are ordinarily resident in the state or who reside with a qualified person outside the state, while that person is a member of the Defence Forces, a civil servant posted abroad, a volunteer development worker or who remain insurable under Irish social insurance while working abroad. EU migrant workers may have an entitlement to Child Benefit and other “Family Benefits” under EU Regulation 1408/ 71. Where a national of an EU state is working in Ireland, or in receipt of a social welfare benefit or pension, she/he is entitled to payment of these benefits, even if his/her children are resident in the worker’s home country. Questions are included on the Child Benefit application form, the answers to which indicate whether this regulation should apply.

839. Deputy Mattie McGrath asked the Minister for Social and Family Affairs the third level colleges or institutions in the United Kingdom which are recognised for the back to education allowance scheme; and if she will make a statement on the matter. [30183/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Under the back to education scheme an applicant can pursue a second or third level course up to and including a Higher Diploma in any discipline and a Post Graduate Diploma in Education. The scheme is not operated on the basis of a prescribed list of courses or of course providers. Under the third level option the course being pursued must be a full-time day course of study which is approved by the Department of Education and Science for the Higher Education Grant Scheme, for the Vocational Education Committees’ Scholarship Scheme or for the Third Level Maintenance Grant Scheme for Trainees or has Higher Education and Training Awards Council (HETAC) recognition. Full-time day undergraduate courses in the United Kingdom which are recognised by the Department of Education and Science for Higher Education Grant purposes are included in the Back to Education Allowance.

Social Welfare Appeals. 840. Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on a jobseeker’s benefit appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30192/09]

354 Questions— 16 September 2009. Written Answers

Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Offices. 841. Deputy Paul Gogarty asked the Minister for Social and Family Affairs if she will review the staffing rosters and opening hours of social welfare offices here in view of the increase in the number of people seeking social welfare; if she will clarify that such adaptability exists within her Department and is not hampered by public service freezes; and if she will make a statement on the matter. [30196/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The majority of the Depart- ments local offices are open to the public from 9.30 a.m. to 4.00 p.m. including lunchtime. Branch Offices, which are operated by private individuals on behalf of the Department, are open from 9.30 a.m. to 12 noon and from 2.00 p.m. to 4.00 p.m. The Deputy will be aware that over the past year or so I have advised the House of a range of initiatives that have been introduced in local offices to help us deal with the influx of claims. One of these initiatives involves dealing with customers by appointment and deciding claims were possible when the customer attends for their appointment. This initiative has greatly reduced processing times for a significant number of customers and will be in operation in 20 local offices by the end of the month. It is intended to extend this system to other offices over the coming months. Since May 2008, some 350 extra staff have been assigned to local offices, new Central Support Units and the Departments Inspectorate. Of these, some 190 have been assigned since January 2009 as follows: 16 Social Welfare Inspectors were assigned in March 2009 to various locations around the country to undertake means testing and other work associated with processing claims for the jobseekers allowance. 68 posts have also been assigned to date for Local Office Central Support Units in 6 locations. Some 110 posts have been assigned to Local Offices around the country, some of which have been filled by temporary staff, pending the assignment of permanent staff. The Department is continuing to monitor staffing levels and to assign staff as required. In addition, processes and procedures surrounding the taking of claims and claims decisions are being reviewed constantly and where efficiencies can be achieved new, streamlined procedures are being introduced.

Social Welfare Code. 842. Deputy Mattie McGrath asked the Minister for Social and Family Affairs her views on whether the social welfare system and schemes are discriminatory towards families and stay at home parents who have not been in receipt of social welfare as they chose to stay at home to raise their children and who are excluded from schemes such as the back to education allowance and vocational training opportunities scheme as a result; and if she will make a statement on the matter. [30218/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department of Social and Family Affairs, through the wide range of schemes and interventions it provides, impacts on the lives of almost every person in the State at some stage. Supports for families include child benefit, maternity/adoptive benefits, one-parent family payment and family income supplement. Where appropriate, schemes provide for an increase in respect of the qualified adult or children of a claimant.

355 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.]

The Department’s employment support schemes, including the back to education allowance, are specifically designed to support people from welfare to work and for that reason are only available to welfare recipients or their qualified adults. I am satisfied that this does not constitute discrimination against families or individuals who are not in receipt of social welfare. It complies with the principles of horizontal equity which require that people in similar circumstances should be treated similarly. The objective of the back to education allowance (BTEA) scheme is primarily to equip people in receipt of certain social welfare payments with the qualifications and skills that will enable them to obtain employment and meet the requirements of the modern labour market. In order to qualify for the scheme it is necessary for a person to be in receipt of a prescribed social welfare payment for a specified period. The qualified adult of a person on a relevant social welfare payment can also participate in their own right on the scheme providing the conditions are fulfilled. The requirement to be in receipt of a social welfare payment for a minimum period has always been a feature of the scheme and is considered essential to confer entitlement to income support for an indefinite period in the context of targeting scarce resources at those who need it most. The vocational training opportunities scheme (VTOS) is administered by the Department of Education and Science and operated through the VECs. It is aimed at people on social welfare but the qualified adult of a person on a relevant social welfare payment can also participate in their own right scheme on this scheme. The Department is currently carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Acts. The review is examining the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. The findings of this review will contribute to informed planning and policy making to ensure that the social welfare system reflects the needs and expectations of all citizens and is equitable in meeting those needs.

Pension Provisions. 843. Deputy Thomas Byrne asked the Minister for Social and Family Affairs the reason the blind pension is not payable in addition to the contributory State pension. [30224/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Blind Person’s Pension has always been regarded as a scheme providing income maintenance for persons of working age i.e. up to 66 years. The qualifying criteria for entitlement to Blind Person’s Pension are that a person must be over 18 years of age, satisfy a means test and be so blind that he or she cannot perform any work for which eyesight is essential or cannot continue his or her ordinary occupation. The Blind Person’s Pension was reviewed as part of the 2003 Review of the Illness and Disability Payment Schemes, which concluded that these schemes are successful in meeting their objective of providing income support to people with disabilities. As the objective of the Blind Persons Pension is a payment to provide income maintenance for persons of a working age is not considered appropriate to continue payment in addition to the State Pension (Contributory).

Social Welfare Appeals. 844. Deputy Finian McGrath asked the Minister for Social and Family Affairs if she will support the case of a person (details supplied) in Dublin 3. [30269/09]

356 Questions— 16 September 2009. Written Answers

Departmental Programmes. 845. Deputy Thomas P. Broughan asked the Minister for Social and Family Affairs the programmes and schemes which continue to be either fully or partly funded by the EU; the amount of funding that is allocated in each case; and if she will make a statement on the matter. [30289/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The details of the programmes and schemes that are currently funded by the EU are set out in the following table:

Name of Programme Funding Details

EU Community Action Programme for Employment There is a global budget of \743.25 million for this and Social Solidarity (PROGRESS) 2007-2013 programme which is the EU’s employment and social solidarity programme covering actions against discrimination, promoting equality between men and women, employment measures and the fight against social exclusion. PROGRESS is open to the 27 E U member states, EU candidate and EFTA/EEA countries. The Department pays up to 20% of the costs involved in the Irish projects which are selected by the European Commission, with the EU providing a maximum of 80% with some exceptions. There is a provision of \90,000 for PROGRESS under Subhead T.2 in the Department’s Estimates for 2009. No expenditure has been incurred to date.

European Social Fund, Human Capital Investment \10 million is being provided to the pilot project from Operational Programme 2007-2013 ( The Disability 2007 to 2013. The Department is funding \5 million Activation Project) of this amount and the EU is funding the other \5 million. There is a provision of \1.5 million for the Disability Activation Project included under Subhead G in the Department’s Estimates for 2009.

Social Welfare Appeals. 846. Deputy Dan Neville asked the Minister for Social and Family Affairs when an oral hearing will be granted in the case of a person (details supplied) in County Limerick regarding their jobseeker’s allowance claim. [30326/09]

847. Deputy Pat Breen asked the Minister for Social and Family Affairs the status of an application by a person (details supplied) in County Clare; and if she will make a statement on the matter. [30358/09] 357 Questions— 16 September 2009. Written Answers

848. Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30362/09]

Social Welfare Code. 849. Deputy Olivia Mitchell asked the Minister for Social and Family Affairs if in view of the large number of self-employed persons becoming unemployed, it is envisaged that the criteria for qualification for the jobseeker’s allowance will be changed; and if she will make a statement on the matter. [30457/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full- rate PRSI Class A. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems. Self-employed workers who do not qualify for an insurance-based benefit may apply for the means-tested Jobseeker’s Allowance if their business ceases or if they are on low income as a result of a downturn in the demand for their services. Generally, in assessing the means of a self-employed person, a Social Welfare Inspector will take into account the level of earnings in the preceding 12 months to determine their expected income in the following year. However, with the general downturn in the economy at present, it is accepted that earnings in the previous 12 months may not be representative of expected earnings in the coming year. The Social Welfare Inspector will take account of this fact in projecting future earnings. There are no immediate plans to review the criteria for Jobseekers Allowance. Any such measure would have to be considered within a budgetary context.

Social Welfare Appeals. 850. Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for domiciliary care allowance; and if she will make a statement on the matter. [30461/09]

358 Questions— 16 September 2009. Written Answers

851. Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for illness benefit; and if she will make a statement on the matter. [30462/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, following an oral hearing of his appeal on 4 June 2009 the person concerned forwarded additional medical evidence in support of his appeal. The medical evidence was forwarded to the Chief Medical Assessor for his opinion and the case has now been referred back to an Appeals Officer for further consideration. The Chief Appeals Officer will write to the Deputy when the appeal has been determined. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

852. Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for carer’s allowance;. [30463/09]

853. Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for carer’s benefit; and if she will make a statement on the matter. [30464/09]

Pension Provisions. 854. Deputy James Bannon asked the Minister for Social and Family Affairs the reason a considerable sum of money is being sought from the estate of a person (details supplied); and if she will make a statement on the matter. [30484/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned made an application for Old Age Non-Contributory Pension in November 1999. Based on the information provided at the time of making her claim, she was awarded a pension at a reduced rate. Following the death of the pensioner, a Schedule of Assets was submitted to the department in line with legislative requirements. On examination, it was found that certain accounts held in financial institutions had not been disclosed by the pensioner when she applied for the Old

359 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] Age Non-Contributory Pension. Further information supplied by the Solicitor for the Estate confirmed that monies amounting to \87,570.98 had not been disclosed. Accordingly, the deceased pensioner’s entitlement to Old Age Non-Contributory Pension was reviewed and it was determined that she had been overpaid to the sum of \14,448.41. The personal representative has been notified that this amount is due to be repaid to the department from the Estate of the deceased pensioner. This decision has been appealed to the Social Welfare Appeals Office. The personal representative of the Estate will be notified of the outcome of the appeal as soon as a decision is made.

Question No. 855 answered with Question No. 835.

Social Welfare Benefits. 856. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs the number of young people aged 18 and 19 years who are in receipt of the reduced rate of jobseeker’s allowance and basic supplementary allowance of \100 per week which was introduced in May 2009; and if she will make a statement on the matter. [30519/09]

857. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs the number of young people aged 18 and 19 years who have qualified for the \204 rate of jobseeker’s allowance and basic supplementary allowance since 1 May 2009 because they qualify under the exemptions announced in the 7 April 2009 budget; and if she will make a statement on the matter. [30520/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 856 and 857 together. At Week ending 5th September 2009 there were 11,715 Jobseeker Allowance claimants under age 20 in receipt of payment. Of these 9,912 were in receipt of the full personal rate of \204.30 and 1,803 were in receipt of \100.00. In the same week a further 1,820 claimants received Supplementary Welfare Allowance for jobseeker payments in this age category. Of these 549 were in receipt of the full personal rate of \204.30 and 1,271 in receipt of \100.00. Detailed statistics of the number who have qualified for the \204.30 payment since May are not readily available. In the intervening period some customers would have moved to the higher rate of payment for a variety of reasons to include having reached age 20; being married or co-habiting with a child dependant. Others will have signed off having found work or commenced a course of training.

858. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs the savings to the Exchequer in 2009 arising from the reduced rate of jobseeker’s allowance being paid to 18 and 19 years based on the number who have been paid this reduced rate for the past four months; and if she will make a statement on the matter. [30521/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): On Friday last, September 11, there were 1,969 recipients of jobseeker’s allowance whose personal maximum weekly rate of payment was \100 per week. Based on the numbers in receipt of this rate since its introduction in late May and assuming that the number of persons affected continues to increase at a similar rate, the estimated savings in 2009 will be circa \6.7 million.

360 Questions— 16 September 2009. Written Answers

859. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs if she carried out a poverty impact assessment in line with the requirement of the Cabinet Handbook 2006 on the decision to reduce the jobseeker’s allowance to \100 for 18 and 19 year olds; if so, if she will provide a copy of same; if not, the reason no assessment was carried out on a proposal which reduced the weekly payment to young people by 50%; and if she will make a statement on the matter. [30522/09]

860. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs her views on the proposal in the McCarthy report to reduce payments to young people aged 20 to 24 years on jobseeker’s allowance to \150 per week; and if she will make a statement on the matter. [30523/09]

862. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Social and Family Affairs if she will conduct and publish a poverty impact assessment regarding proposals to reduce the weekly social welfare payment to young unemployed people aged 20 to 24 years; and if she will make a statement on the matter. [30548/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 859, 860 and 862 together. The April Supplementary Budget introduced a limited number of social welfare measures, including a 100 per week rate of jobseeker’s allowance for certain new claimants aged 18 and 19. The new rate of payment was introduced in order to incentivise 18 and 19 year old jobseekers to avail of education and training opportunities and to avoid them becoming welfare dependent from a young age. The full rate of the relevant allowance is paid without regard to their age to 18 and 19 year olds who:

• Participate in a full-time Youthreach course for young early school leavers or a full-time course in a Senior Traveller Training Centre;

• Qualify for the Back to Education Allowance (BTEA) for pursuing a full-time second level course or Post Leaving Cert course, or

• Participate in a full-time F-S training course.

They can also participate on a PLC course or third level course on the same basis as any other young person and may qualify for a third level grant. The potential impact of this measure on poverty was considered and as a result it was decided that the new rate of payment would not impact on claimants with children or those who were formerly in the care of the HSE. It also does not apply to those who have exhausted their entitlement to jobseeker’s benefit. The proposals contained in the report of the Special Group on Public Service Numbers and Expenditure Programmes including the proposal therein in relation to the rate of weekly payment to persons on jobseeker’s allowance aged between 20 and 24 years of age will be considered in the context of the forthcoming Estimates and Budget processes and in the light of available resources. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes. However, I can assure the Deputy that potential poverty impacts of any proposed changes to social welfare schemes will be considered.

Social Welfare Code. 861. Deputy Catherine Byrne asked the Minister for Social and Family Affairs her views on

361 Questions— 16 September 2009. Written Answers

[Deputy Catherine Byrne.] proposals to tax or means test child benefit payments; her further views on the effects such measures would have on families here; and if she will make a statement on the matter. [30544/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): As you will be aware, the rates of child benefit have increased significantly since 2001 having trebled for the first two children and increased by over 185% for the third and subsequent children. Overall expenditure on child benefit grew from just under \965 million in 2001 to nearly \2.5 billion in 2008 as a result of these increases and growth in the number of eligible children. The Government was able to direct such substantial increases in financial support to all Irish families in recent years. However, given the scale of the current economic crisis, it is necessary to address all aspects of the public finances so as to avoid excessive borrowing and to ensure that fairness exists in the allocation of resources. It was in this context that the Minister for Finance announced in the Supplementary Budget the Government’s intention to either subject CB to income tax or means-testing from 2010. To this end, he requested the Commission on Taxation to examine and report on these options. The Commission on Taxation and the report of the Special Group on Public Service Numbers and Expenditure Programmes have put forward proposals for changes to child benefit. Any changes to Child Benefit would be for the Government to consider in a budgetary context. I assure the Deputy that the Government will be mindful of the needs of families, particularly those on lower incomes.

Question No. 862 answered with Question No. 860.

Social Welfare Appeals. 863. Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30554/09]

Family Support Services. 864. Deputy Pat Breen asked the Minister for Social and Family Affairs her views on the role of family resource centres in our communities; if funding will continue to be provided for these centres; and if she will make a statement on the matter. [30567/09]

868. Deputy Joe Costello asked the Minister for Social and Family Affairs if she will ensure that a centre (details supplied) in Dublin 3 which provides a service to the local community in the north inner city is retained and properly resourced. [30669/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 864 and 868 together. The Family and Community Services Resource Centre Programme is operated by the Family Support Agency which is under the auspices of my Department. There are currently 107 Family

362 Questions— 16 September 2009. Written Answers

Resource Centres (FRCs) nationwide. The total budget for the Family and Community Services Resource Centre Programme in 2009 is over \18m. The aim of this Programme is to combat disadvantage and improve the function of the family unit. The emphasis in Family Resource Centres (FRC) is on the involvement of the local community in developing approaches to tackle the problems they face and on creating successful partnerships between the voluntary and statutory agencies in the area concerned. FRCs assess the needs of their local communities and ensure that there are services and supports in place to address these needs. They involve people from marginalised groups and areas of disadvantage at all levels in the project. The Report of the Special Group on Public Service Numbers and Expenditure Programmes, published on 16th July made a range of recommendations relating to the Department of Social and Family Affairs including that the Family Support Agency and most of its programmes be discontinued. The Report’s recommendations are currently under consideration and a decision on these will be made in due course by Government.

Social Welfare Appeals. 865. Deputy Tom Hayes asked the Minister for Social and Family Affairs when a decision of a disability allowance appeal will be made on behalf of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [30574/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the relevant documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out on 22 September 2009. The Social Welfare Appeals Office is an office of the Depart- ment that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits. 866. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs if she has sought advice from the Attorney General or any other legal source on whether her decision to abolish the Christmas bonus in 2009 conforms with the principle of legitimate expectation for welfare and pension claimants; and if so, will she place a copy of that advice in the library of Da´il E´ ireann. [30595/09]

924. Deputy Denis Naughten asked the Minister for Social and Family Affairs the facilities she plans to put in place if the Christmas bonus is not paid to social welfare recipients in 2009 in view of the hardships this will place on such people; and if she will make a statement on the matter. [31535/09]

926. Deputy Kathleen Lynch asked the Minister for Social and Family Affairs her plans in relation to the restoration of the Christmas bonus for social welfare recipients; and if she will make a statement on the matter. [31552/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 866, 924 and 926 together. The Christmas Bonus payment was introduced in December, 1980, for social welfare pensioners and people who are in receipt of long term social welfare payments. There have been a number of developments in this scheme since its inception, including changes in the level of

363 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] the bonus payment, the introduction of a minimum payment and the extension of the categories of eligible claimants. Each year the Government makes a decision on the payment of the Christmas bonus having regard to the prevailing economic circumstances. This year it has been necessary for the Government to take steps to reduce overall public expenditure so as to restore order and stability to the public finances. In this context, the decision was made that the Christmas bonus would not be paid in 2009. The decision was announced in the April 2009 Supplementary Budget to give people advance notice so that they could adjust their finances accordingly. The money advice and budgeting service (MABS) which provides assistance for people with debt difficulties, operates from 65 locations throughout the country, and can be contacted either through a National Telephone Helpline or a website. The Government is providing almost \18 million this year to the MABS to enable them to assist people with managing their finances and coping with debt problems.

Social Welfare Appeals. 867. Deputy Tom Hayes asked the Minister for Social and Family Affairs the position regarding an appeal by a person (details supplied) in County Tipperary in relation their claim for a disability allowance. [30656/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 868 answered with Question No. 864.

869. Deputy Michael Creed asked the Minister for Social and Family Affairs when a decision will be made on an appeal by a person (details supplied) in County Cork in respect of their application for illness benefit; and if she will make a statement on the matter. [30671/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 870 withdrawn.

871. Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30692/09]

364 Questions— 16 September 2009. Written Answers of the appeal. In that context, an examination by another Medical Assessor will be carried out on 24 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits. 872. Deputy James Bannon asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has been refused a jobseeker’s allowance on the grounds that requested documentation was not submitted, as all documentation was sent to her Department and evidence has since been supplied. [30724/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned submitted an application for Jobseekers Allowance on 22 June 2009. One of the conditions for receipt of Jobseekers Allowance is that the person must be habitually resident in the State. The habitual residence condition requires the applicant to satisfy that they meet certain conditions, including that their centre of interest is in Ireland and that their future intentions, as demon- strated, are to remain in Ireland. The person concerned was found not to be habitually resident in the State. Accordingly, his application was disallowed and he was notified of this decision on 2 September 2009 and of his right of Appeal. A notice of appeal has been forwarded to the Social Welfare Appeals Office. The Social Welfare Appeals Office is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code. 873. Deputy Richard Bruton asked the Minister for Social and Family Affairs her views on developing proposals which would permit persons who have been self-employed, whose business is no longer viable, to make a career change under the back to education scheme without the requirement to entirely abandon their self-employed activities; and if she will make a statement on the matter. [30766/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Since its introduction, the underlying objective of the back to education allowance (BTEA) scheme has been to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. In order to qualify for participation an applicant must be in receipt of a relevant social welfare payment for 3 months if pursuing a second level course or for 12 months if pursuing a third level course. The qualifying period for access to third level courses is reduced to 9 months for those who participate in the National Employment Action Plan process or engage with the Department’s facilitator programme. People who are awarded statutory redundancy may access the scheme immediately, provided entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. A self-employed person who finds that their business is no longer viable may qualify for job seeker’s allowance subject to a means test. The means test involves an assessment of the person’s savings and investments, any property they may own excluding the family home, and income from other sources including self-employment. A self-employed person who qualifies for jobseeker’s allowance can access the back to education allowance provided they satisfy the qualifying conditions of the scheme. In such cases payment is made at the equivalent of the maximum personal rate of jobseeker’s allowance and there is no requirement to abandon the self-employment activity.

365 Questions— 16 September 2009. Written Answers

Social Welfare Appeals. 874. Deputy Pat Breen asked the Minister for Social and Family Affairs when an application will be processed for a person (details supplied) in County Clare; and if she will make a statement on the matter. [30768/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out on 23 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions. 875. Deputy Willie Penrose asked the Minister for Social and Family Affairs the number of persons in receipt of contributory and non-contributory State pensions in each of the years 1965, 1975, 1985, 1995 and 2005; and the maximum rate of payment in respect of each pension for each year. [30797/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The number of people in receipt of contributory* and non-contributory pensions and the rates of payment for the years in question are as follows:

Year Contributory Max. rate Non-contributory Max. rate pensions pensions

1965 39,575 3.17 112,155** 3.02 1975 76,635 13.33 131,478** 11.81 1985 108,892 65.26 126,058 55.87 1995 134,940 90.15 102,984 77.45 2005 215,658 179.30 84,454 166.00 *Includes Retirement Pension — now State Pension (Transition). **Includes recipients of Blind Pension.

Social Welfare Appeals. 876. Deputy Dan Neville asked the Minister for Social and Family Affairs when a jobseeker’s claim, which is on appeal, will be resolved in respect of a person (details supplied) in County Limerick. [30821/09]

877. Deputy Dan Neville asked the Minister for Social and Family Affairs when an oral hearing will be given to a person (details supplied) in County Limerick; and if she will make a statement on the matter. [30822/09] 366 Questions— 16 September 2009. Written Answers

878. Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on an appeal for disability benefit in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30836/09]

879. Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she will confirm receipt of an appeal by a person (details supplied) in County Offaly; when a decision will be made on same; and if she will make a statement on the matter. [30857/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Payment of illness benefit to the person concerned was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work. I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. On receipt of her response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. The person concerned has also submitted an Invalidity Pension appeal which is being similarly processed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pension Provisions. 880. Deputy Denis Naughten asked the Minister for Social and Family Affairs if a person (details supplied) is approved for an invalidity pension, will that person keep their stamps at class A up to date in order that they will be entitled to a full State contributory pension at the age of 65; if they will need to make voluntary contributions; and if she will make a statement on the matter. [30875/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In general, individuals in receipt of an Invalidity Pension are awarded credited PRSI contributions which may keep their PRSI record up to date. Credits are awarded to help protect the social insurance entitlements of insured people during periods when they may not be in a position to pay contributions. In order to qualify for credits an individual must have at least 1 PRSI paid contribution at PRSI Class A, B, C, D, E or H. It is also necessary to have paid or credited contributions in either of the last two complete income tax years, prior to claiming. Credits awarded in respect of the Invalidity Pension are reckonable towards the State Pension (Contributory), subject, of course,

367 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] to other criteria being satisfied. If an individual is not eligible for credits it is possible to pay voluntary contributions in order to keep a PRSI record up to date.

Social Welfare Appeals. 881. Deputy Tom Hayes asked the Minister for Social and Family Affairs the position regarding an appeal by a person (details supplied) in County Tipperary in respect of their claim for an invalidity pension. [30882/09]

Social Welfare Benefits. 882. Deputy Damien English asked the Minister for Social and Family Affairs the average waiting times for a decision from deciding officers for carer’s allowance, disability allowance, invalidity pensions, jobseeker’s allowance, child benefit, family income supplement, non-contributory State pensions, non-contributory widow’s pension and supplementary welfare allowance in tabular form. [30886/09]

883. Deputy Damien English asked the Minister for Social and Family Affairs the average waiting times from date of application to decision date for carer’s allowance, disability allowance, invalidity pensions, jobseeker’s allowance, child benefit, family income supplement, non- contributory State pensions, non-contributory widow’s pension and supplementary welfare allowance in tabular form. [30888/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 882 and 883 together. The average processing times for the schemes referred to by the Deputy are as follows:

Scheme

Carers Allowance 9.95 weeks Disability Allowance 17 weeks Invalidity Pension 13 weeks Jobseekers Allowance 7.76 weeks Family Income Supplement 7 weeks State Pension Non-Contributory 8 weeks Widows Pension Non-Contributory 12 weeks Child Benefit 4 weeks* *Where all the family reside in Ireland the average processing time from receipt of claim to decision date is 4 weeks. Where the family reside in another EU Country and either parent is working or in receipt of a SW benefit in Ireland, the average processing time is 8 months.

Greater than 95% of Basic SWA applications are decided on and paid within the week. In compiling statistics to determine average processing times for the various schemes in the Department, the parameter dates are the date the claim was made by the customer (i.e. the registration date) and the date the decision was given by the deciding officer. 368 Questions— 16 September 2009. Written Answers

Pension Provisions. 884. Deputy Leo Varadkar asked the Minister for Social and Family Affairs if she will amend the Protection of Employees (Employers Insolvency) Act 1984 and the pension insolvency protection scheme; the reason she has not amended same to date; and if she will make a statement on the matter. [30896/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Social Welfare and Pensions Act 2009 enabled the Minister for Finance to establish a Pensions Insolvency Pay- ments Scheme (PIPS) on a pilot basis for a three year period. This scheme is intended as an option of last resort and a social protection measure to assist pension schemes where the employer is insolvent and the pension scheme is in deficit and is being wound up. The PIPS is intended to make it cheaper to pay for the pensions of retired pension scheme members, so that more money is available for the pension benefits of those who have not yet retired. This scheme uses the definition of insolvency as set out in the insolvency payments scheme administered by the Department of Enterprise Trade and Employment and as set out in the Protection of Employees (Employers Insolvency) Act 1984. It is considered appropriate in the context of the PIPS scheme to use the definition of insolvency as set out in the 1984 Act. It is not intended to propose any change to this definition.

Social Welfare Benefits. 885. Deputy Leo Varadkar asked the Minister for Social and Family Affairs the cost of mortgage interest supplement per month or quarter for each of the past five years; and if she will make a statement on the matter. [30908/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Expenditure on mortgage interest supplement on a quarterly basis for the past 5 years is shown in the tabular statement below.

Expenditure on Mortgage Interest Supplement on a Quarterly Basis, 2004 to 2009

Year Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total

\000 \000 \000 \000 \000

2004 1,687 1,609 1,521 1,516 6,333 2005 1,544 1,562 1,590 1,644 6,340 2006 1,748 1,839 2,004 2,281 7,872 2007 2,474 2,678 3,189 3,857 12,198 2008 4,480 5,511 7,437 10,247 27,675 20091 13,347 15,650 10,546 39,543 1 To End August 2009

Social Welfare Code. 886. Deputy Leo Varadkar asked the Minister for Social and Family Affairs if the spouse of a sole trader who worked in the business of the sole trader but was not formally employed and did not make PRSI contributions will be entitled to a contributory pension on the basis of PRSI contributions made by their spouse; and if she will make a statement on the matter. [30911/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Social insurance contributions provide entitlement only in respect of the employed or self-employed contributor who makes the contribution. Spouses working for self-employed contributors are specifically 369 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] excepted from social insurance contributions. The exceptions apply to both men and women in family employment and recognise the practical difficulties in establishing the nature of a genuine employment relationship in such circumstances. However, the legislation provides the scope necessary to allow spouses or assisting relatives to enter into formal arrangements for a contract of employment or self-employment whereby PRSI contributions will be payable. On foot of a Programme for Government commitment an information leaflet, ‘Working with your spouse: how it affects your social welfare contributions and entitlements’, was developed to set out the social welfare and tax implications of families co-working in a shared business. It was published in 2008. The leaflet clarifies that spouses who operate in a commercial partnership may be brought into the social insurance system, subject to certain criteria. In this way, both spouses incur a liability to pay self-employed PRSI and build up entitlement towards a contributory state pension and other Social Welfare benefits. Application for benefits would take place in the usual way, following any approval of an application for commercial partnership status and the payment of any resulting PRSI liabilities. The leaflet may be of interest to self-employed workers and their spouses generally. Persons interested in applying for partnership status should firstly study a copy of the leaflet, available from the Information Section of the Department or at www.welfare.ie, which sets out the application procedure in detail.

Social Welfare Appeals. 887. Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on an illness benefit appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [30934/09]

Social Welfare Code. 888. Deputy Brian O’Shea asked the Minister for Social and Family Affairs if she will revise the guidelines in regard to the back to work enterprise scheme in order that all participants on the scheme whose claims were in payment when the new guidelines were introduced, will benefit under the new arrangements; and if she will make a statement on the matter. [30935/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): One of the goals of the social welfare system is to be responsive to the needs of people of working age and to facilitate them taking up relevant employment opportunities. In order to respond effectively to the growing numbers on the Live Register and the continuing contraction in employment, it was decided to refocus resources on the enterprise strand of the back to work allowance which supports people into self employment. The short term enterprise allowance (STEA), introduced from 1 May 2009, provides immediate access to support where people who have lost their jobs and qualify for Jobseekers’ Benefit wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to Jobseeker’s Benefit.

370 Questions— 16 September 2009. Written Answers

The qualifying period required for jobseekers on the live register to access to the back to work enterprise allowance scheme has been reduced from 2 years to 12 months provided the person has an entitlement to jobseeker’s allowance. Those who do not have an underlying entitlement to jobseeker’s allowance can access the scheme, as before, subject to the 2 year qualifying period. The period for which the allowance is payable is 2 years at 100% of existing social welfare entitlement in the first year and 75% in the second year. People who were in receipt of the allowance before 1 May 2009 will continue to be eligible for the scheme for the full four year period and will continue to be paid their entitlements. Furthermore, people who previously participated in the back to work enterprise allowance scheme may apply a second time after a period of at least 5 years has elapsed. These changes significantly strengthen the supports for jobseekers wishing to move to self employment. The qualifying conditions will continue to be monitored in the context of the objectives of the scheme and changing economic circumstances.

Social Welfare Appeals. 889. Deputy Michael McGrath asked the Minister for Social and Family Affairs the position regarding an illness benefit appeal in respect of a person (details supplied) in County Cork. [30939/09]

890. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for disability allowance will be finalised for a person (details supplied) in County Mayo. [30947/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

891. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for carer’s allowance in respect of a person (details supplied) in County Mayo will be finalised. [30948/09]

371 Questions— 16 September 2009. Written Answers

892. Deputy Michael Ring asked the Minister for Social and Family Affairs when an oral hearing will be held for a person (details supplied) in County Mayo. [30955/09]

893. Deputy Michael Ring asked the Minister for Social and Family Affairs the outcome of a carer’s allowance appeal for a person (details supplied) in County Mayo. [30957/09]

894. Deputy Michael Ring asked the Minister for Social and Family Affairs when a carer’s allowance appeal will be finalised for a person (details supplied) in County Mayo. [30961/09]

Social Welfare Benefits. 895. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded disability allowance. [30962/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test. The person concerned applied for Disability Allowance on 21 July 2009. His claim was assessed by a Medical Assessor and he was deemed medically suitable for Disability Allowance. Following a means investigation by a Social Welfare Inspector he was assessed with weekly means of \49.09 from self employment from farming. Based on this means assessment the person concerned is entitled to Disability Allowance at a reduced weekly rate of \156.80, plus a Living Alone Allowance of \7.70 which gives a weekly total of \164.50. He would also qualify for Free Fuel Allowance of \20.00 per week during the Free Fuel season from September to May. The person concerned is currently in receipt of Farm Assist at a weekly rate of \184.30. As it would not be to his financial advantage to be transferred to Disability Allowance a letter issued to him on 10 September 2009 giving him the option to transfer to Disability Allowance or remain on Farm Assist. This letter also informed him that if he opted to transfer to Disability

372 Questions— 16 September 2009. Written Answers

Allowance he would automatically be entitled to a Free Travel Pass and if he satisfies the conditions he may also qualify for certain Free Schemes i.e. Electricity Allowance, Television Licence and Telephone allowance. The person concerned was asked to reply within twenty one days and was informed that if no reply was received it would be taken that he wished to withdraw his application for Dis- ability Allowance and remain on Farm Assist. If he wishes to proceed with his Disability Allowance application he will be awarded it from the 21 July 2009 and his Farm Assist payment will be stopped. To date no reply has been received from the person concerned.

Social Welfare Appeals. 896. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for child benefit will be finalised for a person (details supplied) in County Mayo. [30965/09]

897. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for illness benefit will be finalised for a person (details supplied) in County Mayo. [30966/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor was arranged for 14 September 2009. The Appeals Office will be in contact with the person concerned when the outcome of the examination is to hand. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits. 898. Deputy Michael Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be approved and awarded disability allowance. [30968/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test. The person concerned applied for Disability Allowance on 5 August 2009. Her claim was assessed by a Medical Assessor and she was deemed medically suitable for Disability Allow- ance. Following a means investigation by a Social Welfare Inspector she was assessed with weekly means of \52.50 from employment. Based on this means assessment the person concerned is entitled to Disability Allowance at a reduced weekly rate of \151.80, plus a weekly Living Alone Allowance of \7.70 which gives a weekly total of \159.50. She would also qualify for a Free Fuel Allowance of \20.00 per week during the Free Fuel season from September to May.

373 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.]

The person concerned is currently in receipt of Invalidity Pension at a weekly rate of \209.80 plus a Living Alone Allowance of \7.70 which gives a weekly total of \217.50. As it would not be to her financial advantage to be transferred to Disability Allowance a letter issued to the person concerned on 10 September 2009 giving her the option to transfer to Disability Allow- ance or remain on Invalidity Pension. This letter also informed her that if she opted to transfer to Disability Allowance she would automatically be entitled to a Free Travel Pass and if she satisfies the qualification conditions she may also qualify for certain Free Schemes i.e. Elec- tricity Allowance, Television licence and Telephone allowance. The person concerned was asked to reply within twenty one days and was informed that if no reply was received it would be taken that she wished to withdraw her application for Disability Allowance and remain on Invalidity Pension. If she wishes to proceed with her Disability Allowance application she will be awarded it from the 5 August 2009 and her Invalidity pension will be stopped. To date no reply has been received from the person concerned.

Social Welfare Appeals. 899. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for disability allowance for a person (details supplied) in County Mayo will be finalised. [30969/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

900. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for carer’s allowance in respect of a person (details supplied) in County Mayo will be finalised. [30977/09]

901. Deputy Michael Ring asked the Minister for Social and Family Affairs when a disability allowance appeal will be finalised in respect of a person (details supplied) in County Mayo. [30978/09]

374 Questions— 16 September 2009. Written Answers

902. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for farm assist will be finalised in respect of a person (details supplied) in County Mayo. [30979/09]

903. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal for carer’s allowance will be finalised in respect of a person (details supplied) in County Mayo. [30993/09]

904. Deputy Fergus O’Dowd asked the Minister for Social and Family Affairs the position regarding a carer’s allowance application in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [31003/09]

Social Welfare Code. 905. Deputy Alan Shatter asked the Minister for Social and Family Affairs if she acknowl- edges the essential assistance provided to parents of all children and in particular of twins and other multiple births by child benefit; her views on the recommendations relating to child benefit made in the McCarthy report and in the report of the Commission on Taxation; and the steps she proposes to take in the context of the proposals made. [31014/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Child benefit is a monthly payment made in respect of qualified children to assist in the costs associated with child rearing and in the alleviation of poverty in larger families. Currently the standard monthly rates of child benefit in respect of single births are \166.00 in respect of each of the first and second child and \ 203.00 for the third and subsequent children. In addition, with regard to multiple births, parents of twins are paid child benefit at one and a half times the standard monthly rate for each qualified child. Child benefit is paid in respect of multiple births of triplets or greater at double the normal monthly rate for each qualified child. Furthermore a special grant of \635.00 is paid in respect of multiple births at the birth and further grants of \635.00 when the children reach age 4 and 12 years.

375 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.]

As you will be aware, the rates of child benefit have increased significantly since 2001 having trebled for the first two children and increased by over 185% for the third and subsequent children. Overall expenditure on child benefit has grown from just under \965 million in 2001 to nearly \2.5 billion in 2008 as a result of these increases and growth in the number of eligible children. The Government was able to direct such substantial increases in financial support to all Irish families in recent years. However, given the scale of the current economic crisis, it is necessary to address all aspects of the public expenditure programmes, including social welfare programmes, so as to avoid excessive borrowing and to ensure that fairness exists in the allocation of resources. It was in this context that the Minister for Finance announced in the Supplementary Budget the Government’s intention to subject CB to either income tax or means-testing from 2010. To this end, he requested the Commission on Taxation to examine and report on this option. I am informed by the Minister for Finance that he will consider recommendations in relation to child benefit recently presented by the Commission on Taxation and proposals contained in The Report of Special Group on Public Service Numbers and Expenditure Programmes, in the context of overall taxation policy and the prevailing social and economic environment.

Social Welfare Appeals. 906. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be heard in relation to jobseeker’s allowance in respect of a person (details supplied) in County Mayo. [31045/09]

Social Welfare Benefits. 907. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded farm assist. [31050/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The farm assist claim from the person concerned was awarded on 18 August, 2009. His current weekly rate of payment is \111.90. This payment includes increases in respect of a qualified adult and children, less weekly means of \280.00. His first payment, which included all arrears due, issued to him on 21 August, 2009. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Appeals. 908. Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal will be heard in relation to domiciliary care allowance in respect of a person (details supplied) in County Mayo. [31051/09]

376 Questions— 16 September 2009. Written Answers its response the case will be referred to an Appeals Officer for early consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

909. Deputy Michael Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be called for an oral hearing. [31052/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. As regards waiting times, I am advised that the average time taken in 2008 to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance is made for the 25% most protracted cases, the average time fell to just over 14 weeks. Those average processing times replicate those for 2007 notwithstanding the fact there was an increase of 27% in the number of appeals received during 2008. There has been an increase of 32% in the number of appeals received so far this year compared to last year and, having regard to the current volume of appeals awaiting determination, two additional Appeals Officers were appointed to the Social Welfare Appeals Office earlier this year. Furthermore, I am advised that the Chief Appeals Officer is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

910. Deputy Michael Ring asked the Minister for Social and Family Affairs the position in relation to a carer’s allowance appeal in respect of a person (details supplied) in County Mayo. [31053/09]

Social Welfare Benefits. 911. Deputy Olwyn Enright asked the Minister for Social and Family Affairs if she will reconsider continuing a payment to a person (details supplied) in County Offaly; if her attention has been drawn to the fact that they will not be able to complete their course unless this payment is restored; and if she will make a statement on the matter. [31057/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Under the back to education allowance (BTEA) scheme, a person in receipt of a social welfare payment may receive support to pursue a full time course of education. The person referred to by the Deputy is in receipt of one parent family payment from this Department. It is understood that the person is pursuing a part time BA in Social Care. A contribution was provided previously towards the initial cost of the course. Funding of this nature is on a once off basis. The Department of Social and Family Affairs does not have a system of support to cover the payment of fees for part time education courses.

377 Questions— 16 September 2009. Written Answers

Social Welfare Code. 912. Deputy Niall Collins asked the Minister for Social and Family Affairs if application forms for rent allowance will be amended to provide a mandatory field in which the applicant submits the landlord’s PPS number and the Private Residential Tenancies Board registration number; and if she will make a statement on the matter. [31059/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Finance Act 2007 introduced a provision to enable the Department of Social and Family Affairs to collect the PPS or other tax reference number of a landlord of a rent supplemented tenancy and supply these to the Revenue. Since October 2008, landlord’s PPS numbers have been collected in respect of rent supplement claims and this data will be transmitted to the Revenue by the end of this year. Under the Residential Tenancies Act 2004, landlords are legally obliged to register tenancies with the Private Residential Tenancies Board (PRTB). The Department is working with the PRTB to ensure that all tenancies where rent supplement is in payment are registered with the PRTB. To that end, the Department provides details of rent supplement payments to the PRTB to enable them identify tenancies that are not registered and to take any follow-up action necessary.

Social Welfare Appeals. 913. Deputy Michael Noonan asked the Minister for Social and Family Affairs when a decision will be made on an appeal in respect of an application for carer’s allowance by a person (details supplied) in County Limerick; and if she will make a statement on the matter. [31188/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that the appeal has been allowed in this case. The person concerned was notified of the Appeals Officers decision on 11 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Staff. 914. Deputy Niall Collins asked the Minister for Social and Family Affairs if civil servants from her Department who are members of boards of agencies, including commercial and non- commercial State bodies, or who hold other positions with these agencies under the aegis of her Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to her Department as their direct employer; her policy in this regard; and if she will make a statement on the matter. [31233/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The four statutory agencies operating under the aegis of the Department are the Pensions Board, the Citizens Information Board, the Family Support Agency and the Social Welfare Tribunal. In addition the Pensions Ombudsman comes under the remit of the Department. Civil Servants from the Department who are members of boards or who hold other positions in these agencies do not receive a fee, salary or remuneration. However, Civil Servants who incur travel or subsistence expenses in relation to their role on the boards or other positions are entitled to be reimbursed at the appropriate civil service rates.

Question No. 915 answered with Question No. 828.

378 Questions— 16 September 2009. Written Answers

Social Welfare Benefits. 916. Deputy Dan Neville asked the Minister for Social and Family Affairs if she will ensure that a person (details supplied) in County Limerick has their domiciliary allowance reinstated. [31268/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The transfer of the Domicili- ary Care Allowance scheme from the Health Service Executive to this Department arises from a Government decision on 28 February 2006 to reallocate certain functions between Depart- ments and Agencies as part of the health service reform programme. The transfer is taking place in two stages:

• Since 1 April 2009 all new claims for Domiciliary Care Allowance are being decided by the Department.

• From September 2009 the Department will take over responsibility for the payment of all Domiciliary Care Allowance claims from the Health Service Executive.

Over the last number of months the details of all Domiciliary Care Allowance recipients, including the details of the person in question, were transferred from the HSE to the Depart- ment in order to facilitate the Department in making its first payment to these individuals on 15 September 2009. However on 3 September 2009 the HSE advised the Department that the person in question was no longer entitled to Domiciliary Care Allowance with effect from August 2009. If this person is not satisfied with the decision of the Executive they should raise this matter directly with the HSE.

917. Deputy Sea´n Sherlock asked the Minister for Social and Family Affairs the status of an application for carer’s allowance by a person (details supplied) in County Cork; and if she will make a statement on the matter. [31272/09]

918. Deputy Michael McGrath asked the Minister for Social and Family Affairs the position regarding the payment of illness benefit to a person (details supplied) in County Cork. [31288/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Appeals. 919. Deputy Paul Kehoe asked the Minister for Social and Family Affairs when the appeal for jobseeker’s allowance for a person (details supplied) will be dealt with; the effort she is

379 Questions— 16 September 2009. Written Answers

[Deputy Paul Kehoe.] making to reduce the waiting times for appeals; and if she will make a statement on the matter. [31298/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): In relation to the person concerned, I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department’s deciding officer on the grounds of the appeal have been received and that the case has been referred to an Appeals Officer for consideration. Every effort will be made to have the appeal determined as quickly as possible. As regards waiting times, I am advised that the average time taken in 2008 to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance is made for the 25% most protracted cases, the average time fell to just over 14 weeks. Those average processing times replicate those for 2007 notwithstanding the fact there was an increase of 27% in the number of appeals received during 2008. There has been an increase of 32% in the number of appeals received so far this year compared to last year and, having regard to the current volume of appeals awaiting determination, two additional Appeals Officers were appointed to the Social Welfare Appeals Office earlier this year. Furthermore, I am advised that the Chief Appeals Officer is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code. 920. Deputy Paul Kehoe asked the Minister for Social and Family Affairs her view, in view of the economic situation and the effects on self-employed people, on altering the contribution system to enable those in self-employment to be able to claim jobseeker’s benefit or an equivalent payment; and if she will make a statement on the matter. [31301/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full- rate PRSI Class A. Self-employed workers are not insured against short-term benefits such as illness and jobseeker’s payments — these are only available to persons covered by PRSI Classes A, E, H and P. This reflects the need for coverage for various contingencies, the rate of contributions that self-employed persons pay, the practicalities of administering and controlling access to short- term payments and the annualised system of contributions that these same persons enjoy. A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems. There are no immediate plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution.

380 Questions— 16 September 2009. Written Answers

Self-employed workers who do not qualify for an insurance-based benefit may establish entitlement to assistance-based payments such as Jobseekers Allowance. They can apply for the means-tested Jobseekers Allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. In general their means will take account of the level of earnings in the last twelve months in determining their expected income for the following year. In the current climate account is taken of the downward trend in the economy. It is accepted that future earnings may be lower than those of previous years and this is factored in projecting future earnings, with account being taken of the potential for significant upward or downward variations in income from one year to the next.

921. Deputy John Cregan asked the Minister for Social and Family Affairs the supports that are available from her Department for a person who was made redundant and wishes to start up their own business. [31331/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The Department operates a number of schemes to assist unemployed people who wish to become self-employed, namely the Short Term Enterprise Allowance (STEA) and the Back to Work Enterprise Allowance (BTWEA). The short term enterprise allowance (STEA), introduced from 1 May 2009, provides immediate access to support where people who have lost their jobs and qualify for Job- seekers’ Benefit wish to set up a business. Payment under the scheme is at the same rate and for the same duration as their entitlement to Jobseeker’s Benefit. The back to work enterprise allowance (BTWEA) is designed to provide a monetary incentive for people who are dependant on social welfare payments to develop a business while allowing them to retain a reducing proportion of their qualifying social welfare payment, plus secondary benefits, over two years; 100% in year 1 and 75% in year 2. The qualifying period required for access to back to work enterprise allowance (BTWEA) is 12 months provided a person has an underlying entitlement to Jobseeker’s Allowance. Under both schemes, those taking up self-employment must first have their self-employment project approved as viable and sustainable. In partnership areas this will be done by the partnership company. In non-partnership areas this will be done by the department’s local facilitator. Approval normally involves an interview with the applicant to assess the viability of the proposed project, to provide advice on funding or on “Start Your Own Business” courses and other relevant aspects. In the context of the STEA and BTWEA schemes, the Department operates a technical assistance and training scheme (TATS) under which a participant may qualify for a grant up to a maximum of \1,000 towards certain business start-up expenses. This fund is designed to enhance the person’s prospects of succeeding in becoming independent of the social welfare system through support for training in the areas of starting a business, book-keeping/accounts, preparation of business plans, marketing, literacy and computer training or assistance with the purchase of small items of equipment. It is administered through the department’s facilitator network based in social welfare local offices. In addition local County Enterprise Boards offer support and advice to persons setting up their own business.

Social Welfare Benefits. 922. Deputy John McGuinness asked the Minister for Social and Family Affairs if increased rent supplement will be awarded in the case of a person (details supplied) in County Laois. [31338/09]

381 Questions— 16 September 2009. Written Answers

Minister for Social and Family Affairs (Deputy Mary Hanafin): The purpose of the rent supplement scheme is to provide short-term support to eligible persons living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from another source. The person concerned was in receipt of rent supplement of \52 a week. The Supplementary Budget earlier this year provided that the weekly minimum contribution which a rent supplement recipient must pay towards his/her rent be increased from \18 to \24, with effect from 1 June 2009. Payments currently being made to existing rent supplement tenants were also reduced by 8% from the same date. These measures account for the reduction in the rent supplement payment of the person concerned to \42 a week. Existing recipients of rent supplement were advised by letter in advance of the change being made to their rent supplement payment from 1 June 2009. The Health Service Executive has advised that the person concerned is in receipt of his full entitlement to rent supplement, based on his personal circumstances.

923. Deputy Paul Kehoe asked the Minister for Social and Family Affairs the reason the illness benefit claim in respect of a person (details supplied) was refused; the options available to them; and if she will make a statement on the matter. [31422/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Payment of illness benefit, to the person concerned, was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was opened and in the context of that appeal an examination by another Medical Assessor will be carried out on 30 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Question No. 924 answered with Question No. 866.

925. Deputy Dan Neville asked the Minister for Social and Family Affairs if a jobseeker’s allowance application will be processed in respect of a person (details supplied) in County Limerick without further delay. [31543/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The person concerned was in receipt of Jobseeker’s Benefit from 6 November 2008 to 5 August 2009 when her entitlement to this payment expired. She has now applied for Jobseeker’s Allowance. Since 1 May 2004 applicants for a range of social assistance payments must satisfy the condition of being habitually resident in Ireland. The person concerned has completed the habitual residency condition form and her application is currently under consideration. She will be advised of the outcome immediately after a decision is made.

Question No. 926 answered with Question No. 866.

Social Welfare Appeals. 927. Deputy Tom Hayes asked the Minister for Social and Family Affairs when a decision will be made on an invalidity pension appeal on behalf of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [31566/09]

382 Questions— 16 September 2009. Written Answers ation. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Departmental Expenditure. 928. Deputy Damien English asked the Minister for Social and Family Affairs the amount of money spent on advertising and promotions in her Department and each agency under her aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if she will make a statement on the matter. [31582/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The total amount spent on advertising and promotions in the period 2004 to 2009 by the Department and each of the agencies under its aegis is outlined in the attached table. The amount spent on advertising and promotions in any one year is determined by the number of advertising and promotion campaigns undertaken.

Advertising Expenditure 2004-2009

Organisation 2004 2005 2006 2007 2008 2009

\\\\\\

Department of Social & Family 475,000 300,000 997,000 1,413,000 1,147,000 170,000 Affairs Pensions Board 463,276 449,031 819,632 797,796 873,798 3,000 Citizens Information Board (CIB) 239,000 404,000 492,000 577,000 188,000 43,000 Family Support Agency 47,994 44,908 160,000* 142,223** 58,029 29,100 Office of the Pensions Ombudsman 27,806 17,755 21,149 33,940 38,127 5,301 Combat Poverty Agency (The 0 0 0 3,066 0 0 Combat Poverty Agency integrated with the Department of Social and Family Affairs on 1 July 2009) Social Welfare Tribunal 000000

*Amount includes \90,000 given to Treoir, towards Raising Awareness Campaign on the needs of children to both parents. **Amount includes \55,000 given to Treoir, towards Radio Advertising Campaign re Rights of Unmarried Fathers.

Question No. 929 withdrawn.

Social Welfare Appeals. 930. Deputy Jack Wall asked the Minister for Social and Family Affairs the position of an appeal by a person (details supplied) in County Kildare against the decision to refuse their application for jobseeker’s allowance; and if she will make a statement on the matter. [31615/09]

931. Deputy Jack Wall asked the Minister for Social and Family Affairs the position in relation to a social welfare appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [31619/09] 383 Questions— 16 September 2009. Written Answers

932. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for the one parent family allowance; and if she will make a statement on the matter. [31636/09]

933. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31637/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that the appeal has been partially allowed in this case. The person concerned was notified of the Appeals Officers decision on 14 September 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

934. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31639/09]

935. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31641/09]

936. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Limerick for jobseeker’s allowance; and if she will make a statement on the matter. [31647/09]

384 Questions— 16 September 2009. Written Answers

937. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for disability allowance; and if she will make a statement on the matter. [31648/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

938. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for carer’s allowance; and if she will make a statement on the matter. [31651/09]

939. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for dis- ablement benefit; and if she will make a statement on the matter. [31652/09]

940. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for child benefit; and if she will make a statement on the matter. [31653/09]

385 Questions— 16 September 2009. Written Answers

941. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for carer’s allowance; and if she will make a statement on the matter. [31655/09]

942. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s allowance; and if she will make a statement on the matter. [31656/09]

943. Deputy Jimmy Deenihan asked the Minister for Social and Family Affairs when a decision will be made on the appeal by a person (details supplied) in County Kerry for jobseeker’s benefit; and if she will make a statement on the matter. [31657/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I am advised by the Social Welfare Appeals Office that, an oral hearing of this case took place on 2 September 2009 and the Appeals Officer is now considering the appeal in the light of all the evidence submitted, including that adduced at the oral hearing. The Chief Appeals Officer will write to the Deputy when the appeal has been determined. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

944. Deputy Ulick Burke asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Galway is waiting since April 2009 to be assessed by the chief appeals officer regarding their application for illness benefit; and if she will make a statement on the matter. [31663/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Payment of illness benefit to the person concerned was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work. I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. She did this and the relevant departmental papers have been requested from the Department. On receipt of the relevant papers the appeal will be referred to an Appeals Officer for consideration. There has been an increase of 32% in the number of appeals received so far this year compared to last year and, having regard to the current volume of appeals awaiting determination, two additional Appeals Officers were appointed to the Social Welfare Appeals Office earlier this year. Furthermore, I am advised that the Chief Appeals Officer is keeping current pro-

386 Questions— 16 September 2009. Written Answers cesses under continuous review with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

945. Deputy Paul Connaughton asked the Minister for Social and Family Affairs when an oral hearing will be held in the case of a person (details supplied) in County Galway who has appealed a decision not to grant their application for illness benefit; and if she will make a statement on the matter. [31669/09]

946. Deputy Paul Connaughton asked the Minister for Social and Family Affairs when a decision will be made on a carer’s allowance appeal in the case of a person (details supplied) in County Galway; and if she will make a statement on the matter. [31670/09]

Social Welfare Benefits. 947. Deputy David Stanton asked the Minister for Social and Family Affairs the number of persons currently in receipt of fish assist; and if she will make a statement on the matter. [31699/09]

948. Deputy David Stanton asked the Minister for Social and Family Affairs if one of the features of the fish assist scheme, which includes relaxation of signing on arrangements, is operated by her officials in her Department; if not, the reason for same; and if she will make a statement on the matter. [31700/09]

949. Deputy David Stanton asked the Minister for Social and Family Affairs if the Christmas bonus was payable to persons in receipt of farm assist and fish assist in 2008; the number who received such a bonus in that year in each of these schemes; and if she will make a statement on the matter. [31701/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 947 to 949, inclusive, together. The focus of the bonus has always been on people who rely on the social welfare system for financial support over the long term. These include recipients of State pension (transition), State pension (contributory and non-contributory), blind pension, widow’s, widower’s and invalidity pensions, guardian’s payment (contributory and non-contributory), one-parent family payment, carer’s benefit and allowance, disability allowance, long-term jobseeker’s allowance,

387 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] pre-retirement allowance, farm assist and people in receipt of employment support payments. The bonus is also payable to participants in the Rural Social Scheme, which was introduced in 2004, and operates under the aegis of the Minister for Community, Rural and Gaeltacht Affairs. Approximately 7,500 recipients of farm assist were paid the bonus in 2008. Some customers whose claims were awarded retrospectively after the beginning of December would also have received the bonus but it is not possible to ascertain the number of such claims at this time. Fish assist is not a scheme in its own right. It is jobseeker’s allowance with a more favourable means test applied.

950. Deputy Willie Penrose asked the Minister for Social and Family Affairs if she will confirm that it is not her intention to abolish the dental treatment scheme; if her attention has been drawn to the recommendations of the McCarthy report; and if she will make a statement on the matter. [31789/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): The proposals contained in the report of the Special Group on Public Service Numbers and Expenditure Programmes, including the proposal relating to the treatment benefit schemes, will be considered in the context of the forthcoming Estimates and budget processes and in the light of available resources. It would not be appropriate for me to comment further at this stage pending the outcome of these deliberative processes.

Social Welfare Code. 951. Deputy Denis Naughten asked the Minister for Social and Family Affairs the conditions which are used to assess a person for habitual residency; the process such a social welfare application goes through in order to be assessed for habitual residency; and if she will make a statement on the matter. [31796/09]

952. Deputy Denis Naughten asked the Minister for Social and Family Affairs if an EEA national has been living here for the past two years, the amount of that time which must have been spent in employment in order to be assessed as being habitually resident in order to access social welfare payments that are non-PRSI related; if there is discretion on this element of the assessment if the person fulfils all other criteria of the habitual residency test; and if she will make a statement on the matter. [31797/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): I propose to take Questions Nos. 951 and 952 together. The determination of a person’s habitual residence is made in accordance with section 30 of the Social Welfare and Pensions Act 2007, which directs the deciding officer to consider all the circumstances of the case, including five specified factors which have been derived from Euro- pean Court of Justice case law — the length and continuity of residence in the State or in any other country; the length and purpose of any absence from the State; the nature and pattern of the person’s employment; the person’s main centre of interest; and the future intentions of the person concerned as they appear from all the circumstances. With regard to the five factors, the Department’s guidelines state:

No single factor is conclusive. The evidential weight to be attributed to each factor will depend on the circumstances of each case. It is necessary to weigh up all the information and balance the evidence for and against an applicant satisfying the habitual residence condition.

388 Questions— 16 September 2009. Written Answers

In commenting on the employment factor, emphasis is put on the nature and pattern of employment and, although the duration of employment is taken into consideration, no concept of a minimum period is suggested. The EU regulations provide that an EEA national who has been in genuine and effective employment since arrival here shall enjoy the same social advantages as Irish nationals. In this context, supplementary welfare allowance may be granted under certain circumstances without application of the habitual residence condition to EEA nationals whose employment here has ceased. The duration of their employment here — whether it was less or more than one year — will determine whether such entitlement will be limited to six months. If the person had less than one year’s employment, entitlement at the end of the six-month period will be subject to the habitual residence condition in the normal way. Decisions in relation to all such claims are made by statutorily appointed deciding officers in the Department of Social and Family Affairs or, in relation to supplementary welfare allowance, including rent supplement, by HSE community welfare officers. Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent social welfare appeals office. Each claim for a payment which is subject to the habitual residence condition is checked initially to see if sufficient information has been given on the claim form to determine whether the condition is satisfied. If necessary, the claimant is asked to supply further details so a deciding officer can make a decision based on all the relevant facts. In the case of jobseeker’s allowance and certain other payments, decisions are made in the majority of cases at claim acceptance stage by deciding officers in those offices at local office level. Complex cases that require detailed consideration may be sent to a central section for determination. Decisions in relation to other schemes are decided in headquarter scheme sections.

Social Welfare Benefits. 953. Deputy Ro´ isı´n Shortall asked the Minister for Social and Family Affairs her views on correspondence to her office requesting that a person (details supplied) in Dublin 9 and others who fall within this criteria be allowed qualify for the back to education allowance in view of the fact that the timing of the start of the academic year meant they could not fulfil the criteria of the scheme vis-a`-vis the length of their unemployment claim and qualify in 2009 and in effect will have to spend a further 12 months in receipt of unemployment before they can take up the course. [31813/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Since its introduction, the underlying objective of the back to education allowance scheme has been to equip people on social welfare payments with qualifications that will enable them to obtain employment in the labour market. It is a second chance educational opportunities scheme for people on welfare payments who wish to participate in full-time education and would not otherwise be able to do so. The requirement to be in receipt of a social welfare payment for a minimum period has always been a feature of the scheme. A waiting period is considered essential to confer entitlement to income support for an indefinite period and is considered necessary in the context of targeting scarce resources at those who need it most. Changes to provide for earlier access to the scheme were announced in the recent supplementary budget. To qualify for participation, an applicant must be in receipt of a relevant social welfare payment for three months if pursuing a second level course, or 12 months if pursuing a third level course. The qualifying period for access to third level courses

389 Questions— 16 September 2009. Written Answers

[Deputy Mary Hanafin.] is reduced to nine months for those who are participating in the National Employment Action Plan process or engaging with the Department’s facilitator programme. People who are awarded statutory redundancy may access the scheme immediately, provided an entitlement to a relevant social welfare payment is established prior to commencing an approved course of study. In general, an applicant must be at least 21 years of age prior to commencing an approved course of study. However, lone parents and recipients of jobseekers’ payments who are out of formal education for at least two years can qualify at 18 years of age. The back to education allowance has an important role to play in enhancing the employability skills of jobseekers. The conditionality of the scheme will continue to be monitored in the context of the objectives of the scheme and changes in the economic climate. The person concerned applied for a back to education allowance — third level option. Her application was disallowed on the grounds that she was not in receipt of a relevant social welfare payment for the required period.

Ministerial Expenses. 954. Deputy George Lee asked the Minister for Social and Family Affairs the amount that has been claimed in expenses by each Minister and Minister of State in her Department from 1997 to 2008; the reasons these expenses were claimed; and if she will make a statement on the matter. [31950/09]

Minister for Social and Family Affairs (Deputy Mary Hanafin): Details of travel and subsistence expenses claimed by my predecessors are as follows:

Year Travel Subsistence Total

\\\

1997 0 0 0 1998 20.74 3,108.74 3,129.48 1999 470.49 3,847.52 4,318.01 2000 0 4,543.90 4,543.90 2001 396 4,451.83 4,847.83 2002 0 3,995.37 3,995.37 2003 90.82 6,225.27 6,316.09 2004 336.53 4,704.41 5,040.94 2005 0 5,957.33 5,957.33 2006 0 3,352.88 3,352.88 2007 0 0 0 2008 0 253.42 253.42

Total 1,314.58 40,440.67 41,755.25

The expenses claimed are in respect of travel and subsistence costs incurred by the Ministers and me in carrying out official duties in Ireland and abroad. The table does not include the travel costs which were paid for directly by the Department such as air fares or the expenses which are incurred by our embassies and reimbursed to them by the Department.

Defence Forces Recruitment. 955. Deputy Terence Flanagan asked the Minister for Defence the addition to the Air Corps 390 Questions— 16 September 2009. Written Answers and Naval Service scheduled for the second half of 2009; and if he will make a statement on the matter. [30161/09]

Minister for Defence (Deputy Willie O’Dea): Arising from the Government decision on Public Service numbers, which took effect from 27 March 2009, recruitment to the Permanent Defence Force remains suspended. However, I am pleased to say that following detailed discussions with my colleague, the Minister for Finance, I have secured Government approval for the holding of a Cadetship Competition for both the Army and Naval Service in 2009. Thirty Army and 12 Naval cadetships will be awarded. The competition has been advertised in the national media, the closing date for receipt of applications has passed and the selection process is under way. It is planned that successful applicants will commence their cadet training before the end of the year. The military authorities have advised that in relation to the Air Corps there is no requirement to recruit Cadets in 2009. This position is a function of the number of serving pilots, the number in training, the number of retirements and other anticipated departures.

Defence Forces Property. 956. Deputy Deirdre Clune asked the Minister for Defence if he has carried out health screening for staff of his Department, members of the Irish Navy and members of the Irish Naval reserve who worked on Haulbowline Island and their families to confirm that their health has not been damaged by working, or close family members working, in close proximity to dangerous waste materials; if this screening will be carried out again in the future; and if he will make a statement on the matter. [30702/09]

Minister for Defence (Deputy Willie O’Dea): I wish to refer to the environmental health and safety site assessment of the Naval Base and Naval Dockyard at Haulbowline, County Cork, which was carried out in 2008 by RPS Consultants. The executive summary of the assessment states:

In summary, a comprehensive shallow soil and air quality investigation and risk assessment was undertaken at the Naval Base and Naval Dockyard at Haulbowline Island. The results have concluded that based on the monitoring carried out to date, there is no unacceptable risk to human health from airborne dust, vapours or emissions from the former Irish Steel site and East Tip sites. Likewise, there are no unacceptable risks posed by dry deposition of dusts on shallow soils on the Naval Base or Naval Dockyard from the East Tip or main former Irish steel site.

There are no recommendations in the assessment concerning the provision of health screening for personnel based on Haulbowline Island and their families. Arising from the assessment, no health screening of the personnel based on Haulbowline Island has taken place. The full text of the assessment carried out by RPS Consultants is available on my Department’s website.

Defence Forces Discipline. 957. Deputy Finian McGrath asked the Minister for Defence the reason the Permanent Defence Forces are refusing to act in relation to a matter (details supplied); and if he will make a statement on the matter. [30792/09]

Minister for Defence (Deputy Willie O’Dea): The Defence Forces have promulgated policies on equality and dignity in the workplace. These policies are covered in training and have been clearly communicated throughout the Defence Forces. The Defences Forces promulgated a

391 Questions— 16 September 2009. Written Answers

[Deputy Willie O’Dea.] Defence Forces imagery policy in April 2007. This policy prohibits personnel from posting inappropriate images or material in public on-line fora. It advises that all such imagery will be investigated and appropriate disciplinary action will be initiated if necessary. I am advised that the matter of the article contained in the Sunday Mirror on 16 August last continues to be under review by the Military Authorities. The images referred to in the article have been removed from the BEBO site. The Reserve Defence Forces members concerned have been paraded by their unit commanders and informed that their actions were contrary to the policy in question. While no disciplinary action was initially recommended at unit level, a final determination on whether disciplinary action will be taken has yet to be made.

Defence Forces Property. 958. Deputy Michael Ring asked the Minister for Defence the breakdown of uses for a building (details supplied) in County Mayo; and the groups by whom it is used. [31190/09]

Minister for Defence (Deputy Willie O’Dea): The property in question is owned by my Department and is used solely for military purposes. The Reserve Defence Forces use it on a part-time basis for training and administration purposes. The building is also available for use by the Permanent Defence Forces when training in the locality.

Defence Forces Reserve. 959. Deputy Paul Connaughton asked the Minister for Defence if there are plans to close down the FCA training unit in Tuam, County Galway; and if he will make a statement on the matter. [31210/09]

Minister for Defence (Deputy Willie O’Dea): The operational and property requirements of the Defence Forces are kept under ongoing review. However, there are no current plans to close the training centre in Tuam. The training unit comprises three members of the Permanent Defence Forces and 52 members of the Reserve Defence Forces.

Defence Forces Property. 960. Deputy Sea´n Sherlock asked the Minister for Defence his plans with regard to the showgrounds in Fermoy, County Cork; and if he will make a statement on the matter. [31220/09]

Minister for Defence (Deputy Willie O’Dea): The property in question is surplus to military requirements. Arrangements are being made to dispose of my Department’s interest in it. The stakeholders on site have been given an opportunity to purchase their holding at an open market valuation. The matter is currently being progressed in my Department.

Departmental Staff. 961. Deputy Niall Collins asked the Minister for Defence if civil servants from his Depart- ment who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31225/09]

Minister for Defence (Deputy Willie O’Dea): There are no civil servants from my Depart- ment who are members of boards of agencies, including commercial and non-commercial State

392 Questions— 16 September 2009. Written Answers bodies, or who hold other positions with these agencies under the aegis of my Department, who receive a fee, salary or remuneration for holding such a position or positions. Any expenses incurred by such personnel are recouped at Civil Service rates, subject to the usual conditions.

Departmental Expenditure. 962. Deputy Damien English asked the Minister for Defence the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31574/09]

Minister for Defence (Deputy Willie O’Dea): The following table sets out the amount of money spent on advertising and promotions in my Department and in the agencies under the aegis of my Department for the years 2004, 2005, 2006, 2007, 2008 and to date in 2009:

Year Departmental Civil Defence Coiste an Asgard Defence Forces Expenditure Expenditure \\\\

2004 58,106.37 4,139.06 23,807 454,246.53 2005 123,491.07 3,344.44 20,661 483,322.46 2006 169,713.55 42 10,192 441,472.57 2007 136,110.09 363 16,788 543,074.44 2008 568,227.31 7,537.83 21,336 501,255.67 2009 to date 52,510.66 Nil Nil 52,853

National Emergency Plan. 963. Deputy David Stanton asked the Minister for Defence his plans to introduce a legal structure to ensure that emergency planning is being implemented effectively here similar to the Civil Contingency Act in the United Kingdom; and if he will make a statement on the matter. [31703/09]

Minister for Defence (Deputy Willie O’Dea): Emergency planning in this country is based on the lead Department principle. This means that every Government Department takes responsibility for managing those emergencies that fall with its remit, including any legislative requirements. The Government Task Force on Emergency Planning, which I chair, meets on a regular basis. There have been 60 meetings since it was established in 2001. The Task Force provides a forum for sharing information and keeping emergency planning high on the agenda of all Departments. In my role as chair of the Task Force, I submit an annual report on emergency planning to the Government. The report outlines the progress made and sets out the challenges faced across the emergency planning spectrum. I am satisfied that the existing arrangements are working well and that the lead Department structure is an effective one. I have no plans, therefore, to introduce new legislative arrangements in this area.

Departmental Programmes. 964. Deputy David Stanton asked the Minister for Defence the cost of administering the cycle to work scheme in his Department in 2009; and if he will make a statement on the matter. [31708/09]

Minister for Defence (Deputy Willie O’Dea): There is no discernible cost to this Depart- ment’s vote in administering the cycle to work scheme. The bicycles and equipment are paid 393 Questions— 16 September 2009. Written Answers

[Deputy Willie O’Dea.] for by way of salary sacrifice by those acquiring the bicycles. There would be minor costs in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable.

Ministerial Expenses. 965. Deputy George Lee asked the Minister for Defence the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31943/09]

Minister for Defence (Deputy Willie O’Dea): I regret that it has not been possible for my officials to provide the information requested within the time provided. The records, particularly those for earlier years, are being examined and disaggregated. The information requested will be compiled and forwarded to the Deputy as soon as possible.

National Spatial Strategy. 966. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government his policy with regard to the funding of hub towns under the national spatial strategy; and if he will make a statement on the matter. [31423/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The 2002 National Spatial Strategy aims to achieve a better balance of social, economic and physical development across Ireland, supported by more effective planning. It has designated nine gateways and nine hubs which have the capacity to grow sustainably and to act as drivers of growth for their hinterlands and wider regions. Investment priorities identified under the National Development Plan 2007-2013 and Transport 21 have been aligned with the national spatial strategy. As a result, the gateways and hubs are benefiting substantially from significant infrastructure and enabling investment. The implementation of the strategy is also facilitated by the 2004 regional planning guidelines, which are under review. City and county councils have regard to the strategy and to regional priorities in their development plan and local area planning processes. My Department has undertaken extensive research into the development issues and challenges of the nine hub towns. This work culminated in the publication in June 2007 of the report, NSS Hubs — Development Issues and Challenges, which is available on the Department’s website, www.environ.ie. The study provides a detailed description of the current status of the hubs, identifies the many development issues and challenges associated with the hubs and makes recommendations to support and advance future hub growth and development. Key among the recommendations is the need for the establishment of implementation and co-ordination arrangements at the hub level and this is being encouraged and facilitated by my Department. The 2008 Framework for Sustainable Economic Renewal, Building Ireland’s Smart Economy, indicated that an analysis of the implementation of the strategy was to be undertaken. This work will be completed shortly by my Department.

Dublin Docklands Development. 967. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government if he will conduct an assessment and review of the operation of the Dublin Dock- lands Development Authority; and if he will make a statement on the matter. [31534/09]

394 Questions— 16 September 2009. Written Answers

1018. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to an application (details supplied) to rescind the terms of the IPPC licence in respect of the site involved; his plans to use his powers to ensure that there is no risk to public health and safety; and if he will make a statement on the matter. [30850/09]

1019. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he has received the full and finalised annual report and accounts from the Dublin Docklands Development Authority as required under section 44 of the Dublin Dock- lands Development Authority Act 1997; and if he will make a statement on the matter. [30853/09]

1020. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government his plans to make the Comptroller and Auditor General responsible for auditing the accounts of the Dublin Docklands Development Authority; and if he will make a statement on the matter. [30854/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 967 and 1018 to 1020, inclusive, together. The licensing, monitoring and enforcement of Integrated Pollution Prevention and Control licences is the responsibility of the Environmental Protection Agency. Under the Environmen- tal Protection Agency Acts 1992 to 2007, I am precluded from exercising any power or control in relation to the performance by the EPA of any of its statutory functions. Prior to any redevelopment of the Irish Glass Bottle site, the former IPPC-licensed activities at the site must be decommissioned and any contamination resulting from IPPC activities must be fully remediated. In addition, the IPPC licence holder must apply to the EPA to surrender the IPPC licence when the decommissioning and closure requirements have been met. I understand that Becbay Limited’s remediation strategy to deal with the IPPC licensed activities that took place at the IGB site was based on a Closure, Restoration and Aftercare Management Plan that was generated in full consultation and agreement with the EPA. The Annual Report of the Dublin Docklands Development Authority for 2008 has been submitted to me by the Authority. I understand that the annual accounts for 2008 are being finalised and will be submitted to me in the coming weeks, following which I will arrange for the annual report and accounts to be laid before both Houses. The authority’s annual accounts are audited by independent external auditors. I wrote to the chairperson of the Dublin Docklands Development Authority on 17 August requesting that a comprehensive review of corporate governance be undertaken within the authority and that a report be submitted to me in October. The Dublin Docklands Develop- ment Authority is specifically excluded from the audit remit of the Comptroller and Auditor General under the Second Schedule of the Comptroller and Auditor General (Amendment) Act 1993. I am considering a request from the Chairman of the Public Accounts Committee to have the authority included in the audit remit of the Comptroller and Auditor General. This would require primary legislation.

Departmental Correspondence. 968. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government if he has received correspondence from an organisation (details supplied) expressing concern at the effects of the implementation of Part 3 of the Building Control Act

395 Questions— 16 September 2009. Written Answers

[Deputy Caoimhghı´nO´ Caola´in.] 2007; the action he will take in relation to these concerns; his plans for further amending legislation; and if he will make a statement on the matter. [31898/09]

998. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the implementation of section 3 of the Building Control Act 2007; if his attention has been drawn to the concerns that have been expressed that this section will exclude people that previously had the right to practice as architects from practising; and if he will make a statement on the matter. [30583/09]

1024. Deputy Brendan Howlin asked the Minister for the Environment, Heritage and Local Government if he has received correspondence requesting him to meet an organisation (details supplied) which is seeking an amendment of section 3 of the Building Control Act 2007; his views on the request that long-established architects should not be obliged to incur the fee of \4,000 for registration with a group. [30881/09]

1057. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government if, in view of the economic climate and the absence of employment for architects, he will postpone the planned new system of registration of architects and particularly the imposition of a \4,000 interview fee, which would be beyond the means of an architect and would deprive them of a livelihood, in effect; and if he will make a statement on the matter. [31611/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 968, 998, 1024 and 1057 together. I have received the correspondence referred to in the question. My colleague, the Minister of State with responsibility for Housing and Local Services, Deputy Finneran, recently held a meeting with representatives of the correspondent organisation in question in regard to Part 3 of the Building Control Act 2007, in particular the technical assessment process. Part 3 of the Act provides for registration of the title of “architect”. The Royal Institute of the Architects of Ireland, as the relevant registration body, has established an admissions board and a technical assessment board so that the registration process may commence in the near future. The RIAI has appointed architects to the boards. I have appointed the chairpersons and non-architect majority to both boards. The fees for technical assessment and registration are subject to my approval, prior to introduction. Details of proposed fees were recently forwarded to me by the registration body. I will give those proposals full and careful consideration before making a decision. Section 14 of the Act sets out the eligibility criteria for registration in the statutory register of architects. Section 21 provides for the establishment of the technical assessment board which will set out the criteria for assessment and consider applications for registration from people who have been practising architecture in the State for a minimum period of ten years. Section 22 sets out the procedures for the operation of the technical assessment board. The Act provides for an appeal against a decision of the technical assessment board to an appeals board which will be appointed shortly. The appeals board will also have an independent chairperson and a majority of lay members. There is ultimately an appeal to the High Court against a decision of the appeals board or any other board or committee. Once statutory registration has formally commenced, it will be an offence under sections 18(1)(a) and 18(1)(d) of the Act to use the title of “architect” unless registered on the statutory register. Architects may still continue to practice but will be unable to use the title. However, section 18(5) of the Act provides that paragraphs (a) and (d) of subsection 1 will not apply:

396 Questions— 16 September 2009. Written Answers

(i) where a person has applied for registration to either the Admissions Board or the Techni- cal Assessment Board and where a decision has not been made on the application;

(ii) where a decision is awaited on an appeal to the Appeals Board against a decision of either Board referred to, or;

(iii) where a decision is awaited on an appeal to the High Court against a decision of the Appeals Board, subject to the requirement that the application for registration to the Admissions Board or the Technical Assessment Board, or the appeal to either the Appeals Board or the High Court, has not been withdrawn.

Water and Sewerage Schemes. 969. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the status of the Waterford grouped towns and villages sewerage scheme; when the sewage scheme in each of the towns and villages concerned will be operational; and if he will make a statement on the matter. [30104/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Waterford grouped towns and villages sewerage scheme has been approved for funding under my Department’s Water Services Investment Programme 2007-2009 at an estimated cost of over \48 million. In so far as the collection networks at the various locations are concerned, the Tallow and Kilmacthomas waste water collection systems have been completed. I recently approved funding to allow the Cappoquin collection system contract go to construction. In relation to the Stradbally collection system, I understand that the council has completed its assessment of the tenders received and will shortly submit its tender recommendation to my Department for approval of the necessary funding. The council is preparing the contract documents for the collection systems at the remaining three locations. The waste water treatment plants for the seven locations are being procured under a single contract, the contract documents for which were recently received and are under examination in my Department. Additional information has been requested from the council to enable my Department to do a full assessment of these documents. As a short-term measure, I also recently approved funding for the provision of interim treatment facilities at Ardmore pending the construction of the treatment plant there.

Local Authority Housing. 970. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of persons on housing waiting lists in each local authority area in each of the years from 2000 to date in 2009; and if he will make a statement on the matter. [30105/09]

971. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of people on housing waiting lists in Waterford city and county shown in the statutory assessments of housing needs carried out since 1999 to date in 2009; and if he will make a statement on the matter. [30107/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 970 and 971 together. The number of households on a local authority’s waiting list continuously fluctuates as households on the list are allocated housing and new households apply for housing support. My Department does not hold information in relation to the numbers currently on waiting lists in

397 Questions— 16 September 2009. Written Answers

[Deputy Michael Finneran.] local authorities. A statutory assessment of housing need is carried out every three years by all housing authorities in accordance with the terms of the Housing Act 1988. The last assessment took place in 2008 and indicated that there were 56,249 households in need of social housing support. Further information regarding the assessments, including a breakdown of the net need figure by housing authority, is available on my Department’s website, www.environ.ie.

Housing Grants. 972. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of essential repair grants supplied to persons in Waterford city and county for each year since 2003 to date in 2009; and if he will make a statement on the matter. [30108/09]

973. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of disabled persons grants supplied to persons in Waterford city and county for each year since 2003 to date in 2009; and if he will make a statement on the matter. [30109/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 972 and 973 together. Information on local authority activity for the period 2003 to March 2009 under the Disabled Persons and Essential Repairs grants schemes, which have been replaced since November 2007, with a suite of Housing Adaptation Grants for Older People and People with a Disability, is published in my Department’s Housing Statistics Bulletins, copies of which are available in the Oireachtas Library and on my Department’s website, www.environ.ie. In the period 1 April 2009 to 14 September 2009, a further 29 grants under the Disabled Persons Grant Scheme were recouped to Waterford County Council.

Rental Accommodation Scheme. 974. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government the number of persons who have been housed in Waterford city and county under the rental accommodation scheme in the past five years to 2008 and to date in 2009; and if he will make a statement on the matter. [30110/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The number of households that have transferred from rent supplement since the commencement of the Rental Accommodation Scheme in 2005 to the present is set out in the table below.

No. of Rent supplement households accommodated 2005-2009

Local authority 2005-2008 2009 (Jan-July) Total

RAS Standard RAS Standard Aggregate Social Housing Social Housing Total

Waterford City 278 206 80 27 591 Waterford County 63 124 52 31 270

Tax Code. 975. Deputy Tom Sheahan asked the Minister for the Environment, Heritage and Local 398 Questions— 16 September 2009. Written Answers

Government his views on exempting Fa´ilte Ireland approved self-catering accommodation from the \200 tax that is being levied on all the self-catering industry. [30127/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Government decided to broaden the revenue base of local authorities by introducing a charge on all non-principal private residences. The charge, set at \200 per dwelling and due by 30 September 2009, is payable by the owners of private rented accommodation, holiday homes and other non-principal residences. While there is no specific exemption from the charge for Fa´ilte Ireland approved self-catering accommodation, the Local Government (Charges) Act makes it clear that a property will be exempt from the charge if it is liable for commercial rates.

River Basin Management Plans. 976. Deputy Michael Creed asked the Minister for the Environment, Heritage and Local Government the position regarding the introduction of river basin management plans; when these plans are expected to be finalised; if he will clarify the way these river basin management plans will interact with the nitrates directive and impinge on farming practices; and if he will make a statement on the matter. [30221/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Draft River Basin Management Plans were published by local authorities on 22 December 2008. The plans were subject to public consultation for six months up to 22 June 2009. The plans, which are scheduled to be adopted by the end of the year, will specify the environmental objectives to be achieved in respect of our water bodies and the measures to be implemented to achieve these objectives. The programmes of measures must be operational by the end of 2012. The nitrates directive, which is one of 11 key EU directives on water protection, is classed as one of the basic measures for implementation of the water framework directive. The implementation of the European Communities (Good Agricultural Practice for the Pro- tection of Waters) Regulations 2009 and the current nitrates action programme are, therefore, key elements of the river basin management plans. It is expected that full compliance with the good agricultural practice regulations will contribute significantly to reducing the impact of agriculture on water quality. In certain circumstances, however, additional measures may be required to meet all of the environmental objectives set out in the river basin management plans. The need for any such additional measures will be considered in the course of the review of the current nitrates action programme, which is due to take place before the end of this year. The next nitrates action programme is to be published by 30 June 2010.

Environmental Policy. 977. Deputy Shane McEntee asked the Minister for the Environment, Heritage and Local Government the amount of funding paid into the environment fund over the past five years; the way this funding has been paid back into local communities; and if he will make a statement on the matter. [30251/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Details of monies received into the Environment Fund and also expenditure from the Fund are available in the published Environment Fund Annual Accounts. Copies up to and including 2007 are available from the Oireachtas library and are also available at the following link on the Department’s website: http://www.environ.ie/en/Environment/Waste/EnvironmentFund/ The 2008 Annual Accounts will be published in due course after they have been audited by the Comptroller and Auditor General. Under the Waste Management (Amendment) Act 2001,

399 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.] the proceeds of the Environment Fund are ring fenced and can only be used for activities that support the environment. Activities of benefit to local communities which have been supported by the Fund include: expanding the network of waste recycling infrastructure through the provision of local recycling facilities such as civic amenity sites and bring banks; subventions to support the on-going operational costs of running local bring banks and civic amenity sites; waste awareness campaigns; and the very successful “Green Schools” initiative.

Register of Electors. 978. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government when he proposes to establish the independent electoral commission to oversee the compilation of the register of electors; and if he will make a statement on the matter. [30278/09]

Minister for the Environment, Heritage and Local Government (Deputy Gormley): The Programme for Government contains a commitment to the establishment of an independent Electoral Commission which will take responsibility for electoral administration and oversight, implement modern and efficient electoral practices, revise constituency boundaries, take charge of compiling a new national rolling Electoral Register, take over the functions of the Standards in Public Office Commission relating to election spending and examine the issue of financing the political system. To assist in consideration of the issues involved, I commissioned a report by an expert group from University College Dublin. I published the report, entitled A Preliminary Study on the Establishment of an Electoral Commission in Ireland, for consultation in February 2009. The report is available on my Department’s website, www.environ.ie. Written submissions received to date as part of the consultation process are currently being considered. While the formal closing date for written submissions has passed, I will still welcome and consider any views and observations that are put forward by interested individuals and organisations. In developing and bringing forward proposals for the establishment of an Electoral Com- mission, I will take into account the report prepared by the UCD group and views put forward as part of the consultation process.

Local Authority Housing. 979. Deputy George Lee asked the Minister for the Environment, Heritage and Local Government when he will allocate funds for a redevelopment project (details supplied) in Dublin 16; and if he will make a statement on the matter. [30315/09]

1012. Deputy Olivia Mitchell asked the Minister for the Environment, Heritage and Local Government the funding allocated for the upgrade of a housing development (details supplied) in Dublin 16; and if he will make a statement on the matter. [30758/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 979 and 1012 together. I appreciate the need for upgrading the development in question, and my Department has been actively engaged with Du´ n Laoghaire-Rathdown County Council in relation to determining the most appropriate sustainable solution for the regeneration of the area. Further details of the comparative assessment of options initially put forward are currently awaited from the Council. On receipt of these details, my Department will be in a position to finalise its overall response on the redevelopment proposal.

400 Questions— 16 September 2009. Written Answers

Du´ n Laoghaire-Rathdown County Council was allocated \51.477m for its various 2009 social housing programmes, the composition, management and delivery of which are undertaken by the Council, in accordance with its particular social housing needs, existing commitments and identified priority projects. The Council’s priorities under its Social Housing Investment Prog- ramme for 2010 to 2012 will be considered as part of the forthcoming October Housing Action Plan review meeting between my Department and the Council.

Homelessness Strategy. 980. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government the timeline for delivery and implementation of The Way Home homelessness strategy; and if he will make a statement on the matter. [30381/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The core objective of the Government’s Strategy on adult homelessness The Way Home is to eliminate, by end 2010, long-term (i.e greater than 6 months) occupation of emergency accommodation and the need to sleep rough. The National Imple- mentation Plan for the Homeless Strategy was launched on 21 April 2009 and is available on my Department’s web site at www.environ.ie. It provides a robust framework to guide the action required at national level to promote and support effective implementation locally. The Plan sets out a sequence of strategic aims, key approaches, priority actions and constituent/supporting measures necessary for implementation of the overall Homeless Strategy and includes timelines for delivery.

981. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government the amount of funding that has been allocated to provide for day-to-day accommodation of homeless services for each year since 2000; the amount that will be allocated to this for the next 12 months; and if he will make a statement on the matter. [30382/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): As the Deputy’s question relates to a service matter it has been referred to the HSE for direct reply.

982. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government the steps he has taken to develop a case management approach to address the needs of homeless people as outlined in the The Way Home report; and if he will make a statement on the matter. [30384/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): A progress report on the implementation of the Care and Case Management approach in Dublin has recently been completed. This report outlines a series of measures that are being undertaken to promote a case management approach in Dublin homeless services. These measures include holistic needs assessment, interagency protocols, training and a case management guidebook. My Department is currently assessing the progress being made in Dublin regarding the case management approach, and this will also be considered by the Cross Departmental Team on Homelessness in the context of assessing the feasibility of its wider application for the purposes of addressing the needs of homeless persons.

983. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government the steps he has taken to develop preventative strategies focused on groups

401 Questions— 16 September 2009. Written Answers

[Deputy Caoimhghı´nO´ Caola´in.] at increased risk of becoming homeless including individuals leaving prisons, acute hospitals and psychiatric hospitals; and if he will make a statement on the matter. [30385/09]

984. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure that closer links have been developed between youth homeless fora and adult homeless fora in each area; and if he will make a statement on the matter. [30388/09]

987. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government when he will arrange for the development of national guidance on delivery of education, training and work opportunities for people who are homeless; and if he will make a statement on the matter. [30392/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Question Nos. 983, 984 and 987 together. The Government’s Homeless Strategy, The Way Home, published in August 2008 sets out a comprehensive framework within which the complex range of issues involved in meeting the Government’s objectives in relation to homelessness can be addressed. The strategy was developed under the aegis of a Cross Departmental Team, which provides a forum for addressing cross-cutting issues, particularly in terms of preventing homelessness. The National Implementation Plan for the new strategy, published in April 2009, sets out priority actions with constituent supporting measures and identifies the agencies/bodies with the lead role in individual areas. The issues raised are all matters for which lead responsibility, under the Implementation Plan, has been assigned to Departments and Agencies other than my Department. Specifically, the Implementation Plan indicates that lead responsibility for issues in relation to discharge planning from health services and prisons are the responsibility of the HSE and the Irish Prison Service, respectively. In relation to the development of national guidance on delivery of education, training and work opportunities for people who are homeless, this has been identified as a priority action for the Department of Education and Science and FA´ S. The Implementation Plan also identifies as a key action, under its Preventative chapter, the necessity to examine issues relating to youth homelessness as a route to adult homelessness. This examination will also consider the issue of interaction between youth homeless fora and the adult homeless consultative fora.

985. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government the way he has worked with the national office of prevention of domestic, sexual and gender-based violence to bring forward research on domestic violence related homelessness; and if he will make a statement on the matter. [30390/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Through a range of interdepartmental structures and arrangements, my Department is working with Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, to support that Office’s work to develop a national strategy on the issues within its remit. Issues in relation to domestic violence-related homelessness, including the carrying out of further research, will be considered in the context of this engagement with Cosc.

402 Questions— 16 September 2009. Written Answers

986. Deputy Caoimhghı´nO´ Caola´in asked the Minister for the Environment, Heritage and Local Government the number of homeless households settled successfully out of homelessness for each of the past five years; and if he will make a statement on the matter. [30391/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Local authorities are responsible for meeting the accommodation needs of households assessed as having a housing need, including homeless persons. As a detailed breakdown of the categories of households whose needs are met each year is not held in my Department, definitive details of all successful settlements of homeless persons in the period in question are not available. Information regarding the number of homeless households that have been housed may be obtained from the responsible local authorities.

Question No. 987 answered with Question No. 983.

Private Rented Accommodation. 988. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the number of private rental accommodations inspected by each local authority each year over the past five years in a tabular form; and if he will make a statement on the matter. [30438/09]

989. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the amount the Private Residential Tenancies Board has paid out to each local authority for the past five years for inspections out of the fund it holds for same in a tabular form; and if he will make a statement on the matter. [30439/09]

990. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the amount each local authority has claimed for carrying out inspections of private rented accommodation each year for the past five years; and if he will make a statement on the matter. [30440/09]

992. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if the number of private rented accommodations being inspected by local authorities each year has reached the targets projected by him when the system was introduced; if not, the actual number of targets reached; if the system is working; and if he will make a statement on the matter. [30442/09]

993. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government his views on whether the Private Residential Tenancies Board or an other independent body should have a role in carrying out inspections of private rented accommodation; the reason for same; and if he will make a statement on the matter. [30443/09]

994. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government his views on whether the fund currently held by the Private Residential Tenancies Board to pay local authorities for carrying out inspections of private rented accommodation should be paid in advance to local authorities to increase the number of premises inspected; and if he will make a statement on the matter. [30444/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Question Nos. 988, 989, 990, 992, 993 and 994 together. Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, made under section 18 of the Housing (Miscellaneous

403 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.] Provisions) Act 1992. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. This funding increased significantly between 2005 and 2008, rising from \1.5m to \4m. The latter figure is being maintained in 2009, bringing total funding allocations since 2004 to \15m. Details of the amounts paid to each local authority in respect of the years 2004 — 08 and of the first funding tranche for 2009 are available on my Department’s website at www.environ.ie and in the Oireachtas Library. The funding is allocated to local authorities on the basis of a formula which takes into account inspection targets for the particular year and actual inspections carried out. The methodology for the payment of funding for 2010 is kept under review by my Department. In general, local authorities have significantly expanded their inspection activity in recent years with the number of inspections more than doubling — from 6,815 to 17,202 — in the period 2005 to 2008. More detailed information on the number of inspections carried out each year up to and including 2008 is included in my Department’s Annual Housing Statistics Bull- etins, copies of which are also available on my Department’s website. The 2008 data, published in August 2009, indicate a further year on year increase in activity of approximately 23%, with over 17,200 inspections completed in 2008. This further significant increase reflects the positive impact of the overall Action Programme on Standards, including increased funding, introduced on foot of a commitment in the Towards 2016 social partnership agreement, and the ongoing progress with the implementation of the Rental Accommodation Scheme. It is a matter for each individual local authority to decide on the specific details of its inspection arrangements. However, in discharging their responsibilities in relation to the private rented sector, my Department encourages authorities to have regard to the report — Good Practice Guidelines for Local Authorities on Standards in the Private Rented Sector: Strategic Planning, Effective Enforcement — published by the Centre for Housing Research in November 2007, which makes a range of recommendations on matters relevant to inspection procedures such as identifying and targeting inspection requirements. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body in September 2004 and has its principal functions in the areas of: The registration of private rental tenancies; The resolution of disputes between tenants and landlords; The provision of information, assistance and advice to the Minister on the private rental sector. While the PRTB deals with disputes between landlords and tenants, including issues relating to standards, unlike local authorities it does not have local inspection staff. Local authorities, with local inspection staff who carry out a wide range of functions in relation to housing generally, are best placed to undertake the enforcement of the minimum standards regulations for rented houses. It would be neither practical nor economical to centralise this role in the PRTB or another independent body.

991. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the number of landlords, tenants and tenancies registered and recorded by the Private Residential Tenancies Board for each of the past five years; and if he will make a statement on the matter. [30441/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): The Private Residential Tenancies Board (PRTB) was established as an independent statutory body in September 2004 and its principal functions are in the areas

404 Questions— 16 September 2009. Written Answers of: The registration of private rental tenancies; The resolution of disputes between tenants and landlords; The provision of information, assistance and advice to the Minister on the private rental sector. The Residential Tenancies Act 2004 (RTA) requires the registration of most residential tenancies and more than 200,000 active tenancies are currently registered with the PRTB. This compares favourably with the situation prior to the establishment of the PRTB when no more than 30,000 tenancies were registered with the local authorities. The PRTB compiles its tenancy data on a rolling, aggregate basis as valid tenancy registration forms are submitted to it. It should be noted in this regard that more than one tenancy may be registered in respect of a rented accommodation unit in any year. Furthermore the Act provides for a four year tenancy cycle and the re-registration of the tenancy at the end of each cycle. I understand that at 30 June 2009 the PRTB had 219,453 active tenancies on its register, representing 376,631 tenants and 108,319 landlords. End of year figures for the preceding four years, as per the PRTB’s Annual Reports, are set out hereunder in tabular form. The 2008 Annual Report is due to be published shortly.

Year 2005 2006 2007 2008

Number of landlords 53,070 83,102 92,311 100,819 Number of tenancy registrations 83,983 137,961 202,078 206,054 Number of tenants registered 150,518 246,587 340,223 354,065 * includes registrations from the Board’s establishment in late 2004.

Questions Nos. 992 to 994, inclusive, answered with Question No. 988.

995. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the reason he changed the breakdown of the registration fee the Private Residen- tial Tenancies Board receives from the landlord so the amount for the PRTB’s running costs has been increased and the amount set aside for inspections has been reduced; if his allocation of funds to the PRTB reduced as a result of this change; the amount of same; if this reduction was part of his attempts to rebalance his budget; and if he will make a statement on the matter. [30445/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Section 176 of the Residential Tenancies Act 2004 (RTA) provides that the fees received by the Private Residential Tenancies Board (PRTB) under section 137 of the Act are paid into or disposed of for the benefit of the Exchequer in such manner as the Minister may direct. Section 138 of the Act allows the Board to vary such fees in line with changes in the value of money; to date, no such variations have been made. By Ministerial Direction of 24 February 2005, two-sevenths of fees received by the PRTB under section 137 of the Act were retained by the PRTB to defray administration costs, and the balance was to be transferred to local authorities for the purpose of the performance of their functions under the Housing Acts in relation to private rented accommodation e.g. rental standards inspections and rent book regulations. The fee income received by the PRTB over the past 4 years has remained relatively constant and it is currently in the order of \7.8m per annum. The payment to the local authorities of the monies allocated to them from the fee income stream is dependent on the levels of inspection performance by the authorities. Those levels have increased significantly in recent years and 405 Questions— 16 September 2009. Written Answers

[Deputy Michael Finneran.] funding for inspections more than doubled between 2005 and 2008, rising from \1.5m to \4m. This level of funding will be maintained in 2009, bringing funding allocations for this purpose since 2004 to \15m. While local authorities’ inspections performance has improved year on year, and the monies allocated to that end have also increased, a reserve of unused funds held by the PRTB in a fiduciary capacity for the local authorities has accumulated since 2004 and now stands at approximately \10m. In line with a policy of moving the PRTB towards self-sufficiency, the annual grant from my Department to the PRTB has been reduced over a number of years from \5.7 million in 2007 to \3.8 million in 2008 and to \1 million in 2009. In light of the above-mentioned accumulated fund, and to facilitate increased financial self- sufficiency, I made a Ministerial Direction on 26 March 2009 providing that, four-sevenths of fees received by the PRTB under section 137 of the Act be retained to defray the administrative expenses of the Board. I directed that three-sevenths be transferred to local authorities for the purpose of the performance of their functions under the Housing Acts. This restructured arrangement, taking account of the accumulated fund, provides a strong platform from which to fund more onerous inspection activities in light of the new Rented Accommodation Standards Regulations which I introduced on 1 February 2009, and also increases the PRTB’s financial self-sufficiency. My Department will continue to monitor this funding situation closely.

Local Authority Funding. 996. Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the operating budget for Dublin City Council for 2008 and 2009; and if he will make a statement on the matter. [30541/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A local authority is under a statutory obligation to adopt an annual budget providing for the expenditure estimated to be necessary for it to carry out its functions and the income estimated to accrue to it. The overall budgeted amounts adopted by Dublin City Council for the years in question are set out in the following table:

2008 2009

Revenue Budget \914,516,609 \928,731,361

997. Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the operating budget for South Dublin County Council for 2008 and 2009; and if he will make a statement on the matter. [30542/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A local authority is under a statutory obligation to adopt an annual budget providing for the expenditure estimated to be necessary for it to carry out its functions and the income estimated to accrue to it. The overall budgeted amounts adopted by South Dublin County Council for the years in question are set out in the following table:

2008 2009

Revenue Budget \284,279,400 \284,254,700

406 Questions— 16 September 2009. Written Answers

Question No. 998 answered with Question No. 968.

Local Authority Housing. 999. Deputy Mattie McGrath asked the Minister for the Environment, Heritage and Local Government the support he will give to county council housing sections to relieve the large waiting lists for the housing assessment officers to visit new housing applicants; and if he will make a statement on the matter. [30584/09]

1000. Deputy Mattie McGrath asked the Minister for the Environment, Heritage and Local Government the average waiting time for a new housing application to be visited by a housing assessment officer; the waiting time in south Tipperary; his views on this waiting time; and if he will make a statement on the matter. [30585/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Questions Nos. 999 and 1000 together. It is a matter for each housing authority under the Housing Acts, 1966-2009, to carry out assessments of need for the purpose of allocating social housing, and to assign appropriate resources to undertake this function. The Department does not collect details on the average waiting time for a housing applicant to be visited by a housing assessment officer.

Environmental Policy. 1001. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when the interdepartmental working group on the implementation of the ban on turf cutting will report; and if he will make a statement on the matter. [30659/09]

1002. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government the number of submissions received by the interdepartmental working group on the implementation of the ban on turf cutting; and if he will make a statement on the matter. [30660/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 1001 and 1002 together. The Inter-Departmental Working Group on the Cessation of Turf Cutting in Designated Areas is considering the measures that may be required to implement the cessation, at the end of the year, on 32 raised bog Special Areas of Conservation. The Group has received 194 submissions from interested parties, as well as an estimated 300 expressions of interest, including short e-mails and petition signatures. The matters raised in the submissions are being considered currently. The Group is expected to report to me by end October 2009.

Tax Yield. 1003. Deputy Catherine Byrne asked the Minister for the Environment, Heritage and Local Government the amount which has been received from the new tax on non-principal private residences to date in 2009; and if he will make a statement on the matter. [30690/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The due date for payment of the \200 charge for non-principal private residences is 30 September 2009. The charge is payable by the owners of private rented accommodation, holiday homes and other non-principal residences. The charge will be levied and collected by

407 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.] local authorities, and will be used to support the provision of local services. Measures to promote awareness of the charge on owners of non-principal private residences are being undertaken at national and local level, through print and other media and comprehensive information is also available on the website, which is www.nppr.ie. As at 14 September, the amount collected from the charge is \5,574,000.

Waste Management. 1004. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps he has taken to remove the hazardous waste on Haulbowline Island and clean up the island once this waste is removed; the cost of same; the budget provisions that have been provided by him for the future clean up work; and if he will make a statement on the matter. [30697/09]

1005. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps he has taken since hazardous waste was identified on Haulbowline Island to assess the extent of the problem to protect the health of those living in the area and those working on the island; the cost of these reports; and if he will make a statement on the matter. [30698/09]

1006. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government the steps he will take to deal with the hazardous waste on Haulbowline Island; the budget provisions that have been provided by him for this work in the future; and if he will make a statement on the matter. [30699/09]

1007. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government his plans to establish a working group to develop proposals for the Haulbowline site; when this working group will be established; the reason for a delay in establishing same; and if he will make a statement on the matter. [30700/09]

1008. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if his Department requires a licence to hold hazardous waste on Haulbowline Island; if his Department holds such a licence; if such a licence has been applied for; if his Department has been in breach of any law or regulations by not having such a licence; if his Department face any penalties for such a breach; and if he will make a statement on the matter. [30701/09]

1009. Deputy Deirdre Clune asked the Minister for the Environment, Heritage and Local Government if he has carried out health screening for staff of his Department and contract staff who worked on Haulbowline Island and their families to confirm that their health has not been damaged by working, or close family members working, in close proximity to dangerous waste materials; if this screening will be carried out again in the future. [30703/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions No. 1004 to 1009, inclusive, together. As previously advised, the Government has considered the position in relation to the former Irish Steel/Ispat site at Haulbowline noting the outcome of the site investigations, the requirement for various works and further monitoring recommended by the environmental consultants

408 Questions— 16 September 2009. Written Answers and the development issues, particularly technical constraints, site boundary issues, zoning issues and regulatory requirements, meriting early address. The Government has decided that the Office of Public Works (OPW) will chair a working group to develop a structured and coherent approach to the further management and development of the site. The establishment of this group is a matter for the OPW, and I understand that arrangements to establish the group are underway. Future funding requirements are contingent on the determination as to the future use of the site. From 2004 to 2009 my Department, had an interim role in the management of this legacy site in a manner which is consistent with good practice and minimisation of risk to human health and the environment. Accordingly, the Department arranged for the decontamination and demolition of the buildings on site and, post-demolition, arranged for the procurement of a contractor for site surface clearance, back filling of voids and the disposal of the remaining surface wastes to be undertaken. Examples of waste types removed since 2004 include: licensed radioactive sources and low- level radioactive waste; over 10,000 tonnes of scrap metal; over 1,100 tonnes of hazardous dust vacuumed from the steelworks buildings before demolition; contaminated filter bags from the steelworks dust extraction system; various forms of asbestos removed from the steelworks buildings before demolition; refractory waste; transformer oil; electrical capacitors — PCB and non-PCB; sulphur hexafluoride gas from circuit breakers; assorted gas cylinders; battery acid; millscale; disturbed hazardous soils/sludges; hazardous liquid waste. To date the State has expended c.\50 million on investigations, site works, disposal of waste material, testing and sampling, analysis, topographical and foreshore ecological surveys, project management, professional fees and security. Following the uncovering by sub-contractors of Hammond Lane Metal Co. Ltd of a sub- surface hazardous sludge pit in summer 2008 my Department engaged consultants White Young Green to carry out an independent and rigorous assessment of site conditions, comprising three distinct modules:

1. assessing the quality of surface water, marine sediment and mussel bivalves in the vicinity;

2. assessment of any health or environmental risks posed by current site conditions; and

3. ambient air monitoring.

The consultants had available the advice of the Environmental Protection Agency, the Marine Institute and the Health and Safety Authority. Ambient air monitoring was undertaken in accordance with relevant national and international occupational exposure limit values, finding that air quality complied with all relevant standards and guidelines, including in Cobh which was the main population centre that was monitored, and that there is no occupational risk to human health from airborne substances. Similarly, the assessment of water, sediment and mussel samples employed the relevant applicable screening criteria and found no identifiable risk to the residents of Cork Harbour. In the case of assessing the health and environmental risks posed by potential contaminants in the waste material on the East Tip itself the screening was undertaken using human health generic assessment criteria which are derived from guidance issued in the UK. These criteria were considered most appropriate for the site, are conservative for on-site exposures for current

409 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.] land use, and did not suggest a risk to health of people on site undertaking normal activities or to those in the Cork Harbour area including the Naval Base. The total amount spent on the site assessment was \394,948.61. This comprised all costs associated with environmental testing, analysis, monitoring and reporting in respect of assessing quality of surface water, marine sediment and mussel bivalves in the vicinity; assessment of any health or environmental risks posed by the site conditions and ambient air monitoring. Under the Safety, Health and Welfare at Work Regulations it is the duty of each employer to ensure that health surveillance is made available for every employee, appropriate to the health and safety risks that may be incurred at the workplace. Significant hazards must be reported in this context to the Health and Safety Manager. Department staff wear the appropriate personal protection equipment (PPE) when out on site. Where particular concerns arise in relation to possible exposure to health risks in the workplace, provision is made by the Department for appropriate screening to be carried out. The advice of the Chief Medical Officer would also be sought in this context. In relation to the site at Haulbowline the comprehensive site investigations which were conducted in 2005 and 2008 by White Young Green concluded that while there is significant contamination of the site it posed no immediate threat to human health or the environment in the area. In the context of the introduction of the licensing system provided for in the Environmental Protection Agency Act, 1992 the facility in question applied for, and was granted by the EPA, an Integrated Pollution Control (IPC) Licence. Such licences encompass the full range of environmental impacts of an activity, including in respect of the management of wastes arising as a result of the activity. However, the company went into liquidation before the conditions in the licence could be met and the liquidator applied to the High Court seeking to disclaim the IPC licence. The judgement, on 29 July 2004, found as a matter of fact that the IPC licence was granted after the company had ceased production of steel and that the conditions of the licence could not be applied retrospectively. A lacuna thus arose as regards the regulatory status of the facility. Necessarily, the resolution of this must involve a determination as to the future use of the site and thus the appropriate regulatory arrangements which should apply to it. The regulatory status of the site is currently the subject of a complaint to the EU and it would not be appropriate to comment further at this time.

Housing Grants. 1010. Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the number of applications for the mobility aids housing grant, the housing adaptation grant for people with a disability and the scheme of housing aid for older people awaiting approval from Mayo County Council; and if he will make a statement on the matter. [30739/09]

1011. Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government if he will provide additional funding to Mayo County Council for housing aid grants; and if he will make a statement on the matter. [30740/09]

1030. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the funding awarded to a local authority for grant schemes (details supplied) in

410 Questions— 16 September 2009. Written Answers the years 2007 and 2008 and to date in 2009; the amount for each scheme; and if he will make a statement on the matter. [30975/09]

1031. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the date on which new grant schemes (details supplied) were announced by him; the amount of funding put in place to administer the schemes from the day it was announced; and if he will make a statement on the matter. [30983/09]

1032. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government the number of applications received, on a yearly basis since their introduction, by a local authority for grant schemes (details supplied); and the number of applications pending a decision. [30984/09]

1033. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government when he will allocate additional funding to a local authority (details supplied) for the administration of grant schemes. [30995/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): I propose to take Question Nos. 1010, 1011 and 1030 to 1033, inclusive, together. My Department’s involvement with the Housing Adaptation Grant Schemes for Older People and People with a Disability relates primarily to the recoupment of a proportion of local authority expenditure on the payment of individual grants. These schemes, introduced on 1 November 2007, are funded by 80% recoupment available from my Department, together with a 20% contribution from the resources of the local authority. The older Disabled Persons and Essential Repairs grant schemes are funded by 67% recoupment, together with a 33% contribution from the resources of the local authority. The detailed administration of these schemes, including the assessment and approval of individual applications, is the responsibility of the relevant local authority. The annual allocations to local authorities under the schemes are calculated on foot of detailed discussion between my Department and the local authorities and on the basis of a number of criteria, including the level of applications on hand that have been assessed as eligible, applications yet to be assessed and projections for new applications to be received during the year. It is a matter for each local authority to decide on the specific level of funding to be directed towards each of the individual schemes, from within the combined allocation notified to them by my Department, and to manage the operation of the schemes in their areas from within their allocation. Details of Exchequer funding provided to Mayo County Council for these schemes for the years 2007 and 2008 and total allocations for 2009 from Exchequer and local authority sources are set out in the following table:

2007 2008 2009

\1,630,838 \2,011,125 \2,775,834

In order to facilitate the continued independent occupancy of their own homes by older people and people with a disability, and following a review of the old Disabled Persons, Essential Repairs Grant Schemes and Special Housing aid for the Elderly, which was administered by the HSE, a revised suite of Housing Adaptation Grant Schemes was implemented on 1 411 Questions— 16 September 2009. Written Answers

[Deputy Michael Finneran.] November 2007. The revised schemes target the available resources to those in most need, streamline operational and administrative procedures and ensure equity and consistency of operation across all local authority areas. The number of applications on hand in Mayo County Council at the end of December 2008, representing the most recent data notified to my Department , is set out in the following table:

Mayo County Council Applications on hand at 31 Dec. 2008

Housing Adaptation Grant for People with a Disability 119 Mobility Aids Grant 249 Housing Aid for Older People 570

Details regarding the current status of individual applications and the number of applications received by Mayo County Council on an annual basis under each of the various grant measures are not available in my Department. I will review the funding position in the light of any under- spend by local authorities of their allocations for the grant schemes or other allocations under the wider social housing investment programme.

Question No. 1012 answered with Question No. 979.

Affordable Housing. 1013. Deputy Ro´ isı´n Shortall asked the Minister for the Environment, Heritage and Local Government his plans to abolish the claw-back arrangements on resale for owners and prospective buyers of affordable housing. [30765/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran): Houses sold to first time buyers under the various affordable housing schemes at a significant discount from market value contain a clawback provision, in order to prevent short-term profit taking on the resale of the house, to the detriment of the objectives of the schemes. There are no plans to abolish the claw-back arrangements under the existing affordable housing schemes. Provision has been made in the Housing (Miscellaneous Provisions) Act 2009 for the introduction of new Affordable Dwelling purchase arrangements to replace existing affordable housing schemes. Under these, the purchase transaction will be largely unchanged from the affordable purchaser’s perspective. However, instead of units being sold at a discounted price, with the value of the discount being subject to a reducing clawback, the State will take an equity stake in affordable units sold. The purchaser will have the option of either buying out the remaining equity in steps or at the end of a fixed period. Until the new arrangements are formally commenced, the existing clawback arrangements will continue to apply in relation to the purchase of affordable housing.

Tax Code. 1014. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government his views on whether it is fair that individuals are being asked to pay the \200 non-principal private residence charge even when they own only a single property, particularly where an individual has to move home to a rented property in order to take up employment; his further views on whether charging such individuals could be a limit to labour mobility; if he will modify this charge in order that such individuals receive a dispensation from paying the charge; and if he will make a statement on the matter. [30794/09] 412 Questions— 16 September 2009. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The \200 charge on non-principal private residences is payable by the owners of private rented accommodation, holiday homes and other non-principal residences. The most important exemption under the Local Government (Charges) Act 2009 is for a person’s sole or main residence. However, any one individual can have only one such residence. The Act, which imposes a modest charge on non-principal private residences to support the provision of local services where the properties concerned are located, does not seek to differentiate between such residences left vacant by the owner or made available for rent as the case may be.

Election Management System. 1015. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the storage of electronic voting machines; the cost of storage; with whom the contracts for storage have been made in tabular form; and if he will make a statement on the matter. [30829/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On 23 April 2009, I announced that the Government have decided not to proceed with the implementation of electronic voting in Ireland. A process is now being put in place to address the disposal of the electronic voting and counting equipment and termination of storage arrangements. Based on information provided to my Department by Returning Officers, the total annual costs for storage of the electronic voting equipment for the various locations are set out in the following table, which also includes ownership details provided in respect of each premises. In 2007, over 60% of the machines (4,762 in total) were moved from 12 local storage locations to a central storage facility located at Gormanston Army Camp. Costs incurred to date in respect of the movement and storage of this equipment are some \328,000. These were largely one-off expenses, and there are no ongoing rental costs.

413 Questions— 16 September 2009. Written Answers 2,500 ———— \\\\\ 2004 2005 2006 2007 2008 VAT) VAT) VAT) VAT) VAT) 658,228.94 696,281.94 705,995.08 488,703.74 204,225.21 Costs (incl. Costs (incl. Costs (incl. Costs (incl. Costs (incl. Storage of Electronic Voting Machines — Owners of Premises and Storage Costs equipment owned by Tony Mulqueen. released publicly for security reasons equipment owned by Drumshanbo Enterprise Centre J & D O’Brien 27,125.86 27,125.86 31,984.21 29,364.82 20,748.97 County/City Owner of Premises Annual Storage Annual Storage Annual Storage Annual Storage Annual Storage Carlow-Kilkenny*Cavan-MonaghanClareCork City*Cork Matthew County* and Teresa ClearyDonegal Martin DuffyDublin City*Dublin County*GalwayKerry VotingKildare* machines Mr. Michael stored and O’Driscoll in Mrs. courthouse. Martin Premises HarveyLaois-Offaly for ancillaryLimerick* Brendan John Niall and Fitzpatrick McIvors, CaraLongford and Secure Walsh Kevin Storage McGarry 10,800.00RoscommonLouth Voting machines stored inMayo* Galway courthouse 3,600.00 until 28,506.00 John March KG Dillane 2009Meath Warehousing Ltd.Sligo Ashling MicrosystemsLeitrim 5,253.00 29,595.00 3,600.00 Returning Officer has requested Gerry thatTipperary Kelly this (N&S)* information not be 25,828.00Waterford* 30,166.00 5,253.00 27,207.50 62,938.66 3,600.00Westmeath* Dundalk TownWexford Council Joseph 25,828.00 Togher 2,995.16Wicklow* 24,653.65 37,609.30 9,293.00 42,499.50 Paul 62,938.66 McDonnell Nicholas 65,000.00 DelehantyTotal 3,600 Voting machines — Voting 27,075.32 stored machines 15,095.16 in stored*Machines 37,609.30 15,714.00 courthouse in moved courthouse. to 53,942.33 49,034.86 Premises Gormanston for in Johnstown 72,350.00 ancillary 2007. Properties Ltd. Peadar Conlon — 21,608.32 18,439.88 35,124.00 16,685.80 48,561.85 5,000 71,265.00 McGuinness 28,178.00 Enterprises Ltd. Telhurst Ltd. 21,685.79 20,003.28 — 57,675.86 35,913.29 13,987.80 — 26,125.00 28,178.00 6,954.00 — 16,859.98 — 57,675.86 14,026.20 3,000.00 26,125.00 27,647.60 — — 10,374.98 298.00 64,465.30 — 3,150.00 22,624.96 27,647.60 10,374.98 34,930.00 42,700.00 28,423.10 52,888.48 298.00 28,003.00 20,366 27,682.60 3,200.00 34,930.00 42,700.00 9,816.00 16,875.00 52,888.48 31,875.32 20,366.00 593.47 22,805.34 — 37,426.00 31,200.00 3,200 10,664.82 16,876.00 57,699.17 21,976.51 22,805.34 38,608.00 39,196.00 42,455.80 595.06 10,026.82 19,064.76 35,989.67 26,354.72 21,772.62 42,455.80 18,934.46 566.11 26,395.72 — — 21,440.30 54,241.29 25,057.70 — — — —

414 Questions— 16 September 2009. Written Answers

Water Services. 1016. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the expenditure by local government in providing water in 2008; the amount recouped through charges; and if he will make a statement on the matter. [30847/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Capital expenditure on the provision of water services infrastructure in 2008 amounted to some \594 million, of which my Department funded \496 million. The balance was met by local authorities from non-Exchequer sources and through water charges in respect of services provided to the non-domestic sector. Figures are not yet available for expenditure relating to the delivery of water services for 2008. However, the local authorities’ Annual Financial Statements indicated that the operational cost of delivering water services amounted to \680 million in 2007. Local authorities collected \169 million from water charges levied on non domestic users during 2007.

1017. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the average daily domestic consumption of water per person; the way in which this compares with the EU average and with the UK; and if he will make a statement on the matter. [30848/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In the absence of the metering of domestic customers, the amount of water used by households is difficult to quantify accurately. The National Water Study, undertaken by my Department in 2000, estimated that average daily water consumption in Ireland was 145 litres per person per day and more recent estimates by the EPA have put average daily water consumption at 148 litres per person per day. The UK’s Department of the Environment, Food and Rural Affairs has indicated that between 2001 and 2006, average consumption in metered households was 134 litres per person per day, and in un-metered households was 152 litres per person per day. Up-to-date information regarding water consumption across the EU is not available. However, the European Environment Agency has indicated that average consumption for all household purposes in the European Economic Area in 2001 was approximately 150 litres per person per day. A more recent report, published by Eurostat in November 2007, showed per capita consumption in southern Member States, such as Spain and Portugal, as well as some Nordic countries in excess of 160 litres per person per day. Consumption in more centrally located States and the Baltic Member States was stated to be well below this level.

Questions Nos. 1018 to 1020, inclusive, answered with Question No. 967.

Hazardous Substances. 1021. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if asbestos has been dumped in a lane running behind private houses, which is not in public ownership, if there is any authority which can undertake the removal of the material with appropriate care; the person who is liable for the cost; and if he will confirm if the position is different where the lane in question is a public right of way. [30867/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The primary responsibility for the management of any waste, including costs for removal or

415 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.] disposal, lies with the holder of the waste, i.e. the natural or legal person in possession of the waste, or the producer of the waste. The Waste Management Acts 1996-2008 impose a general duty of care on holders of waste. A person may not hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. In addition, in the case of hazardous waste, a holder of waste is required, without delay, to inform both the local authority concerned and the EPA of any loss, spillage, accident or other development concerning that waste which causes or is likely to cause environmental pollution. It is the responsibility of the relevant local authority to deal with any instances of illegal disposal of waste in their functional area and take the appropriate enforcement action. Any incidents of illegal waste activity should be reported to the local authority who have significant powers available to them under the Waste Management Acts to deal with the waste. Asbestos is a hazardous waste and its management requires care, including relevant health and safety requirements. Further general information on asbestos, including disposal, can be obtained from the Environmental Protection Agency’s website: http://www.epa.ie/whatwedo/advice/asbestos/

1022. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the problems associated with the storage of material at a location (details supplied) in County Carlow; the action he will take arising from various health and safety matters that have been raised in correspondence with him; and if he will make a statement on the matter. [30870/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have been in receipt of correspondence in relation to the facility concerned and my Department is giving detailed consideration to the issues which have been raised. I expect to be in a position to issue a response shortly. Under the Urban Waste Water Directive, Member States are required to reuse, where possible, the sludge arising from the treatment of waste water. The use of sewage sludge in agriculture is the primary area for reuse in Ireland, and is governed by the Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998 -2001. A code of practice for the use of sewage sludge in agriculture has also been prepared. Last month, the Environmental Protection Agency established a Working Group to consider issues surrounding the management of sewage sludge. My Department is participating in this group, which also includes representatives from the Department of Agriculture, Fisheries and Food, Teagasc and the local authorities. The Working Group will be considering, inter alia, the arrangements for both the transportation and storage of sewage sludge.

Local Authority Funding. 1023. Deputy John O’Mahony asked the Minister for the Environment, Heritage and Local Government the amount of funding made available to Donegal County Council and Letter- kenny Town Council for the development of the green area and park in Ballyboe, Letterkenny; the amount of funding from the European Union which was made available to the aforementioned local authorities in respect of same; and if he will make a statement on the matter. [30873/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I have received no application from Donegal County Council and/or Letterkenny Town Council for specific funding for the above mentioned project. No funding has been made available by

416 Questions— 16 September 2009. Written Answers my Department, nor am I aware of any funding being provided by the European Union for the project.

Question No. 1024 answered with Question No. 968.

Animal Breeding Regulations. 1025. Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if keepers of hunting dogs used for non-commercial activities including fox hounds and beagles will be exempted from regulations concerning commercial dog breeding establishments; if the proposed regulation is to apply to greyhounds; and if he will make a statement on the matter. [30894/09]

1029. Deputy Dan Neville asked the Minister for the Environment, Heritage and Local Government if he will establish secondary legislation in the form of a statutory instrument or regulation to ensure all hunt kennels are registered in the same categories as commercial puppy farms; his views on whether hunt clubs are commercial dog breeders and on whether they should be exempt from this legislation; his further views on the fact that previous Ministers for his Department who initiated the draft legislation gave an organisation (details supplied) this exemption; and if he will make a statement on the matter. [30951/09]

1038. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government the status of the proposed legislation for commercial dog breeding establishments; if hunt kennels are to be subject to this proposed legislation; and if he will make a statement on the matter. [31200/09]

1042. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when he will sign the necessary puppy regulations confirming the exemptions of various organisations (details supplied) as outlined in correspondence of February 2008; and if he will make a statement on the matter. [31247/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 1025, 1029, 1038 and 1042 together. Work has been ongoing for some time in my Department in drafting measures to provide for statutory regulation of dog breeding establishments within the dog control legislative regime. This process has included discussions with a number of organisations, bodies, public agencies and interests active in this area. The issues involved are complex and required detailed consideration following the recommendations of the Working Group which examined the regulation of dog breeding establishments. The recommendations included a definition of a dog breeding establishment as ‘a premises containing more than 5 female dogs, aged over 4 months, with breeding potential. Following advice, it is my intention to introduce amending legislation in this area at the earliest opportunity. My proposals in this regard are at an advanced stage and will be published as soon as possible. The proposed legislation will apply to all dogs including hunting dogs and greyhounds. The proposals will provide for registration, inspection and regulation of all dog breeding establishments together with payment of registration fees, minimum standards, maintenance of records and related provisions. With regard to groups affiliated to the Hunting Association of Ireland (HAI), I propose to exempt such groups from the requirement to pay registration fees as they have indicated that

417 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.] they operate on a not for profit basis. However, in order to ensure that proper standards apply to all dog breeding establishments, commercial and otherwise, it is my intention that such premises operated by the HAI will be subject to regulation, registration and inspection, with a requirement to adhere to proper veterinary and welfare standards and other conditions as may be specified. As the HAI informs me that it operates a comprehensive standards regime at present, it is not expected that the new regulatory regime will place a significant additional burden on their affiliated groups.

Tax Code. 1026. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government the reason the levy payable on a non-primary residence is payable on a house which has a tenant on rent allowance but not where the tenant is on the rental accommodation scheme; and if he will make a statement on the matter. [30923/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The charge on all non-principal private residences, designed to broaden the revenue base of local authorities, is payable by the owners of private rented accommodation, holiday homes and other non-principal private residences. Landlords of property rented under the Rental Accommodation Scheme are paid directly by the local authority, for the provision of accommodation to those in need of long term accommodation. Specific exemptions are contained in the Act for the provision of long term accommodation by the State, Local Authority and Voluntary and Co-operative providers. These exemptions do not include landlords who provide rental accommodation to tenants who may be in receipt of rent allowance.

Departmental Correspondence. 1027. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government if he made a submission to the Special Group on Public Service Numbers and Expenditure Programmes; if so, if he will supply a copy of same; and if he will make a statement on the matter. [30932/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department’s submission to the Special Group on Public Service Numbers and Expenditure Programmes in February 2009 is available on the Department of Finance website www.finance.- gov.ie under Policy Areas and Publications/Reports/Special Group on Public Service Numbers and Expenditure Programmes/Background Documents.

Special Areas of Conservation. 1028. Deputy Paul Connaughton asked the Minister for the Environment, Heritage and Local Government when payment will issue to a person (details supplied) in County Galway in respect of the sale of a bog to his Department; and if he will make a statement on the matter. [30937/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Having regard to available budgetary resources, priority is being given under the scheme this year to those wishing to sell their interest in the 32 raised bog sites which were nominated for designation as Special Areas of Conservation in 1999. For these sites, the derogation given by the Government, which allowed the continuation of turf cutting for personal domestic use,

418 Questions— 16 September 2009. Written Answers expires in 2009. The person in question in this case owns land within Crit Island West, a Natural Heritage Area designated in 2004, and the 10 year derogation period will not expire until 2014. Land transactions within this area, accordingly, will not qualify for priority attention this year.

Question No. 1029 answered with Question No. 1025.

Questions Nos. 1030 to 1033, inclusive, answered with Question No. 1010.

Waste Management. 1034. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government the amount of Irish food waste deposited in landfill sites between 2007 and to date in 2009; and if he will make a statement on the matter. [31008/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): National waste statistics for all waste streams are independently produced and published by the EPA. National Waste Reports have been published in respect of the years 1995, 1998, 2001, 2004 and 2006 with interim reports published for 2002, 2003, 2005 and 2007 respectively. No report has yet been published in respect of 2008. These reports are available on the Agency’s website: www.epa.ie. While there is no specific information available to my Department on the volumes of food waste consigned to landfill, the National Waste Reports provide data in relation to the organic fraction of the municipal waste stream. Organic waste, in broad terms, is taken to mean food and garden waste arising in the domestic and commercial sectors. The recent National Waste Report 2007, published in January 2009, estimated that a total of 839,806 tonnes, or 91.4%, of organic waste was landfilled in 2007. Improving our recovery rates for organic waste represents a considerable challenge and one that must be addressed as a matter of urgency if Ireland is to achieve its prescribed diversion targets for biodegradable municipal waste under Directive 99/31/EC on the landfill of waste (the Landfill Directive). Meeting these targets will entail doubling the existing levels of diversion of biodegradable municipal waste, which includes organic waste, from landfill by 2010 with exponential increases in diversion in the subsequent target years of 2013 and 2016 respectively. Following extensive consultations, a National Strategy on Biodegradable Waste was published in April 2006 and sets out measures aimed at the separate collection, recovery and recycling of biodegradable municipal waste with a view to achieving the progressive diversion of biodegradable municipal waste from landfill in accordance with our international obligations. The Strategy envisages that 80% of biodegradable municipal waste will be diverted from landfill by 2016, with the separate collection and subsequent biological treatment of organic waste to generate compost having a critical role to play in minimising the use of landfill into the future. The Programme for Government contains a commitment to implementation of the National Strategy. In 2008, a circular issued to all local authorities to drive forward the roll out of brown bins for domestic householders and to promote the use of home composting. I have also signalled my intention to introduce primary legislation to allow for significant increases in the landfill levy to act as a further deterrent to landfill. In addition, my Department is working with industry towards the development of a statutory instrument to require the source segregation and appropriate treatment of food waste arising in the commercial sector. This, I believe, has the potential to divert significant amounts of food waste from landfill towards more sustainable and environmentally beneficial practices.

419 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.]

I am confident that all of the above measures will contribute significantly to the achievement of the targets for the diversion of biodegradable municipal waste from landfill and in an overall reduction in our use of landfill.

Tax Code. 1035. Deputy Noel Ahern asked the Minister for the Environment, Heritage and Local Government the situation in relation to the second home \200 property tax, whether it is for services received last year, this year or next year; if it must be paid if the house is occupied by family members on a rent-free basis; the position if the house was empty and undergoing major refurbishment for several months or even full years; and if the house was gifted to son or relative already the owner of the house, but continues to be occupied rent free for the original owner. [31022/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The charge on all non-principal private residences, designed to broaden the revenue base of local authorities, is an annual charge and it will be used to support the provision of local services. The most important exemption under the Local Government (Charges) Act 2009 is for principal private residences. The charge is a point in time charge assessed on the liability date, which in 2009 is 31 July. A property that is not suitable for use as a dwelling on the liability date should not be regarded as a dwelling within the meaning of the Act. My Department has issued guidelines to local authorities for use when considering whether a house is habitable or not. If a person owns a property other than one that they reside in as their principal private residence, then it may be liable for the charge. There is, however, a further specific exemption in the Act in the case of a property owned by an individual which is less than two kilometres from the principal private residence of that individual, and is occupied rent free by a relative. Where a house is willed or gifted to an individual and a right of residence is retained by the original owner or occupier then the liability to pay the charge depends on whether the right of residence is exclusive. If the right of residence is exclusive, the owner does not have an entitlement to seek or receive rent, and is, therefore, not an “owner” within the meaning of the Act until that right ceases to affect the property.

Local Authority Staff. 1036. Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government the salary scale and other allowances, either vouched or unvouched, payable to local authority managers and directors of services; and if he will make a statement on the matter. [31060/09]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Salaries of County and City Managers and Directors of Service are set out in the City and County Managers (Remuneration) (No.2) Order 2008. The salary scale for Assistant Managers and Directors of Service, from 1 September 2008, is \93,231 increasing by annual increments to \110,183. The salaries for County and City Managers are set out in the following table:

420 Questions— 16 September 2009. Written Answers

Local Authority Manager Salary

Dublin City Council 202,461

Cork County Council 171,313 Fingal County Council South Dublin County Council

Cork City Council 157,967 Dun Laoghaire-Rathdown County Council Kildare County Council Meath County Council

Limerick City Council 146,845 Clare County Council Donegal County Council Galway County Council Kerry County Council Kilkenny County Council Limerick County Council Louth County Council Mayo County Council South Tipperary County Council Westmeath County Council Wexford County Council Wicklow County Council

Galway City Council 136,581 Waterford City Council Carlow County Council Cavan County Council Laois County Council Leitrim County Council Longford County Council Monaghan County Council Offaly County Council Roscommon County Council Sligo County Council North Tipperary County Council Waterford County Council Dublin City — Assistant Manager Dublin City — Assistant Manager Dublin City — Finance Officer Dublin City — Treasurer

There are a number of allowances available to County and City Managers and Directors of Service. County and City Managers and Directors of Service may submit claims in respect of travel and subsistence expenses incurred as part of their official duties in accordance with the relevant travel and subsistence circulars. All local authorities are obliged to ensure that only essential travel is undertaken and that the number of employees going on any official journey 421 Questions— 16 September 2009. Written Answers

[Deputy John Gormley.] is kept to an absolute minimum. Local authorities are also obliged to ensure that related expenditure is critically appraised and monitored. A Manager or Assistant Manager may claim up to 7.5% of their salary in substitution of motor mileage rates contained in the travel and subsistence circulars, where a local authority considers that those allowances do not adequately recompense the Manager or Assistant Man- ager for the extent to which their car is used for official business. A Manager or Assistant Manager may claim an allowance in respect of individual or casual entertainment expenses incurred by them in relation to development functions and public relations associated there- with. The level of allowance corresponds to the number of Assistant Managers and is contained in the following table:

Allowance

County or City Manager Up to \2,095 Manager and one Assistant Manager Up to \3,683 Manager and two or more Assistant Managers Up to \5,270 Manager and three or more Assistant Managers Up to \6,858

County and City Managers with designated responsibility for a Regional Authority may claim an allowance of \ 6,155 per annum in respect of these responsibilities.

Urban Renewal Schemes. 1037. Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government if a decision has been made, to provide a funding package in order to accelerate the implementation of the Limerick regeneration master plan in 2010; the funding which will be made available; and if he will make a statement on the matter. [31191/09]

1044. Deputy Jan O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will confirm the level of funding that will be allocated to the Limerick Regeneration Agency for 2010; if supplementary funding will be allocated for the remainder of 2009; and if he will make a statement on the matter. [31291/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. M. Finneran): I propose to take Question Nos. 1037 and 1044 together. My Department continues to provide strong support for the regeneration project across Limerick City, through ongoing liaison with the Limerick Northside and Southside Regener- ation Agencies and with the local authorities in the area. Since their establishment in June 2007 the Regeneration Agencies have delivered two regeneration vision plans, developed a strong framework for inter-agency working, and provided a flexible regeneration programme that proposes a road map for a new Limerick over the next decade. This programme will require significant investment of time and resources from public and private stakeholders in delivering the mixed use, mixed tenure sustainable communities envisaged over the period of implementation for the project. My Department is now finalising its consideration of the draft Masterplan with a view to its formal presentation to Government this Autumn with associated implementation plans. In regard to investment, over the period 2007-2008, my Department provided some \30 million for the support and development of the regeneration programme in the Moyross, Sou- thill, Ballinacurra Weston, and St. Mary’s Park areas of Limerick City, with a further \24.65 422 Questions— 16 September 2009. Written Answers million provision for 2009. The 2007-2008 funding was provided to both the Limerick Regener- ation Agencies and Limerick City Council and has supported the establishment and operation of the Limerick Regeneration Agencies; the demolition of some 350 void properties; extensive estate clean-ups and environmental works; support for local educational and social initiatives; and the development of the vision plans and draft Masterplans. An agreed joint programme of physical, social and environmental regeneration activities is being funded from the 2009 allocation and implemented by Limerick Regeneration Agencies, Limerick City and Limerick County Councils and Clare County Council, including a specific budget allocation of \8.25m to cover the Limerick Regeneration Agency’s costs and projects. The programme facilitates the temporary relocation of households from the areas, both in terms of community stability and to facilitate construction works, as well as proceeding with the extensive planned demolitions. Funding has been provided for the continuation of estate improvement works including wide-scale clean ups in the areas and specific community safety initiatives and social intervention projects. A project team has been established to deliver detailed plans for two new sheltered housing construction projects in the regeneration areas of Moyross and Ballinacurra Weston. Some \1.5m has been provided in 2009 towards meeting these design costs. The broader economic and employment situation in Limerick and the Mid-West region is under consideration in light of the Interim Report of the Mid-West Task Force. My colleague, the Ta´naiste and Minister for Enterprise Trade and Employment published the Interim Reporton 28 July 2009 and the Government is committed to a cross-Departmental consultation process to evaluate and consider the implementation of the report’s recommendations. The report recommends inter alia the fast-tracking of the Limerick regeneration programme. Significant funding for the regeneration programme will continue to be provided in 2010, and the priorities involved will be reviewed as part of the respective October Housing Action Plan meetings between my Department, Limerick City and Limerick County Councils, Clare County Council and the Limerick Regeneration Agencies. The specific funding allocations will be determined in light of the forthcoming meetings, wider Government decisions, the estimates process and the level of support available from key public and private stakeholders.

Question No. 1038 answered with Question No. 1025.

Waste Management. 1039. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government the targets which have been set to be achieved here by 2011 in reducing food packaging waste output; the progress being made towards this target; and if he will make a statement on the matter. [31201/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (the Packaging Directive) is based on the concept of producer responsibility, which effectively requires producers to contribute to the end-of-life waste management costs of products which they have placed on the market. Practical implementation of the Directive in Ireland is achieved mainly through a collective industry-based compliance scheme operated by Repak Limited. Under the original Directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005 and both of these targets were achieved. The National Waste Report 2007 states that the rate of packaging waste recovery reached 63.6% in that year, exceeding the target of 60% to be achieved by 2011

423 Questions— 16 September 2009. Written Answers

[Mr. Gormley.] which was set by Directive 2004/12/EC of the European Parliament and of the Council amending the Packaging Directive. In 2007, in accordance with Government policy to prevent and minimise waste, I asked Irish Industry to develop a model similar to the Courtauld agreement on packaging waste in the U.K. This agreement aims to reduce significantly the amount of packaging waste generated in the retail sector, with the principal focus being placed on the food retail multiples. Discussions are continuing between Retail Ireland, Repak and my Department with a view to building on the successful management of packaging waste in Ireland and minimising the generation of such waste in the future.

Departmental Staff. 1040. Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31228/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): In accordance with Department of Finance guidelines, Civil Servants appointed as non-executive members of State Bodies under the aegis of my Department do not receive fees or remuneration for such membership. In the case of An Bord Pleana´la, Section 106(1)(g) of the Planning and Development Act 2000, provides that one member of the Board must be appointed in a whole time capacity by the Minister for the Environment, Heritage and Local Government. The salary of board members of An Bord Pleana´la was determined by the Review Body on Higher Remuneration in the Public Sector, at the minimum point of the Assistant Secretary salary scale. The current appointee of the Department is at Principal Officer level and the difference in salary is paid by the Board. Civil service appointees to State Bodies may avail of normal travel and subsistence expenses where appropriate.

Hare Coursing. 1041. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government when he will sign the necessary regulations to allow coursing meetings to proceed; and if he will make a statement on the matter. [31246/09]

1046. Deputy John McGuinness asked the Minister for the Environment, Heritage and Local Government his views on the hare coursing licence application; the time frame for a decision on an application; and if he will make a statement on the matter. [31336/09]

1054. Deputy John Deasy asked the Minister for the Environment, Heritage and Local Government when he will make a decision on issuing licences to coursing clubs to net hares; the reason for the delay in issuing such licences; and if he will make a statement on the matter. [31567/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): I propose to take Question Nos. 1041, 1046 and 1054 together. My Department has granted licences under the Wildlife Acts to the Irish Coursing Club on behalf of their affiliated clubs to facilitate the tagging and the capture of hares in relation to the holding of coursing meetings in the coming 2009/2010 season.

424 Questions— 16 September 2009. Written Answers

Question No. 1042 answered with Question No. 1025.

Water and Sewerage Schemes. 1043. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government when approval will be given for a new water scheme (details supplied) in County Cork; and if he will make a statement on the matter. [31261/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): Last month, my Department approved Cork County Council’s revised contract documents for the Mallow/Ballyviniter Regional Water Supply Scheme, which is approved for funding under my Department’s Water Services Investment Programme 2007-2009. It is now a matter for the Council to seek tenders for the scheme.

Question No. 1044 answered with Question No. 1037.

Local Authority Staff. 1045. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Government the number of staff employed by local authorities to serve waste water treatment and drinking water provision; and if he will make a statement on the matter. [31311/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): The staffing requirements in each local authority area, including staff employed by local authorities to serve waste water treatment and drinking water provisions, are matters for each county and city manager under section 159 of the Local Government Act, 2001. The information sought is not available in my Department.

Question No. 1046 answered with Question No. 1041.

Water and Sewerage Schemes. 1047. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 1065 of 27 January, 2009, if the scheme will be included in the next phase of his Department’s water services investment programme; the timetable for the publication of this programme; and if he will make a statement on the matter. [31343/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): As indicated in the reply to Question No. 1065 of 27 January 2009, a sewerage scheme for the village of Creggs in County Galway may be considered for approval in future phases of the Water Services Investment Programme in light of its relative priority and the resources available at the time. Local authorities were asked in July to submit an assessment of needs for water and sewerage services to my Department by 23 October 2009. These assessments will form a key input to the development of the 2010 to 2012 Water Services Investment Programme, which it is anticipated will be published in early 2010. In conducting their assessments, local authorities have been asked to prioritise schemes and contracts for progression over the coming years based on key environmental and economic criteria.

Noise Pollution. 1048. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government when the Noise Nuisance Bill will be published; and if he will make a statement on the matter. [31345/09]

425 Questions— 16 September 2009. Written Answers

Minister for the Environment, Heritage and Local Government (Mr. Gormley): The Prog- ramme for Government contains a commitment to introduce comprehensive legislation on noise pollution within the lifetime of this Government. Earlier this year, following an extensive consultation process, the General Scheme of a Noise Nuisance Bill was prepared in my Depart- ment. In May, this Scheme was approved by the Government for drafting, and it is my aim to publish this Bill during the autumn session.

Planning Issues. 1049. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government his plans to review the legislation regulating the licensing of outdoor music events and the Planning and Development Regulations 2001 (Licensing or Outdoor Events); if he has satisfied himself with the legislation in this area; and if he will make a statement on the matter. [31346/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): Section 230 of the Planning and Development Act 2000, which came into effect on 11 March 2002, provides that a licence is required in respect of the holding of an event, or class of event prescribed under Part 16 of the Planning and Development Regulations 2001 (Licensing of Outdoor Events). These Regulations received the positive approval of both houses of the Oireachtas, and are quite extensive, setting out requirements such as:

(a) the publication of a notice of intention to apply for a licence;

(b) the notification of prescribed persons or bodies;

(d) the plans, documents and information to be submitted with an application;

(e) the bodies to be consulted in relation to a licence;

(f) enabling submissions and observations to be made within a prescribed time;

(g) requiring an applicant to submit further information in respect of their application;

(h) the time within which a decision on an application must be made.

While I have no specific proposals for review, I will continue to keep the operation of Part XVI of the 2000 Act under scrutiny to ensure its effective operation.

National Parks. 1050. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 101 of 10 October 2007, the steps he has taken to date to support this project; and if he will make a statement on the matter. [31350/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): I refer to the reply to Question No. 719 of 9 July 2009. That reply indicated, inter alia, that while I have no direct role in this matter, in principle I would welcome any arrangement between Bord Na Mo´ na and local groups to restore the natural and amenity value of harvested bogs. In this instance, it is a matter for the local group proposing the initiative to engage directly with Bord Na Mo´ na, as owners of the bogs concerned.

Planning Issues. 1051. Deputy Denis Naughten asked the Minister for the Environment, Heritage and Local

426 Questions— 16 September 2009. Written Answers

Government his plans to amend the enforcement aspect of section 261 of the Planning and Development Act 2000; and if he will make a statement on the matter. [31353/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): I acknowledge that there are deficiencies in section 261 of the Planning and Development Act 2000, concerning the control of quarries. Revised legislative provision to address these deficiencies is under consideration in the context of the Planning and Development (Amendment) Bill 2009 which was published in June 2009.

1052. Deputy Niall Collins asked the Minister for the Environment, Heritage and Local Government if a court summons issued by a Planning Authority under section 154 of the Planning and Development Act 2000 can be withdrawn; and if he will make a statement on the matter. [31391/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): Section 157 of the Planning and Development Act 2000 provides that summary proceedings for an offence under the Act may be brought and prosecuted by a planning authority, whether or not the offence is committed in the authority’s functional area. The practice and procedures to be followed in District Court proceedings are prescribed in the Rules of Court. The conduct of any court case and the decision reached, including a decision to strike out a case, is a matter for the presiding judge, who is independent in this function.

Local Authority Housing. 1053. Deputy Aengus O´ Snodaigh asked the Minister for the Environment, Heritage and Local Government the status of the regulations which will enable shared ownership homeowners to remortgage without triggering the clawback; and the safeguards he will establish to ensure that local authorities do not overvalue the property in order to compensate for the loss of revenue they will incur when the clawback no longer needs to be repaid. [31539/09]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. M. Finneran): Purchasers of affordable houses (or houses sold by way of shared ownership at less than market value) have a clawback charge placed on the property. The primary purpose of the clawback regime is to prevent short-term profit-taking on the resale of affordable homes. As such, it should, therefore, only have effect in the event of the house being sold. However, because of the way in which the clawback legislative arrangements are structured, they have an impact on affordable homeowners wishing to switch mortgage provider or take out an equity release “top-up” mortgage. This arises because of the time-sensitive manner in which charges on property apply. While provision has been made in the Housing (Miscellaneous Provisions) Act 2009 to allow purchasers under the new Affordable Dwelling Purchase Arrangements to re-mortgage or top- up their mortgage without triggering the clawback, as enacted, the Act does not, in error, provide this facility for purchasers under existing affordable housing or shared ownership arrangements. I have requested my Department to arrange to have the relevant provisions included in the first appropriate legislative vehicle available to the Department. The operation of the various affordable housing schemes is primarily a matter for individual housing authorities and I have no function in relation to valuations of property made by a local authority in individual transactions. A local authority may reconsider its valuation of a property in light of an independent valuation obtained by the owner; however, it is not obliged to accept this valuation. Any person who is not satisfied with a service or action of a local authority should in the first instance make a formal complaint to that authority. My Department has issued guidelines to local authorities regarding the establishment and operation of effective

427 Questions— 16 September 2009. Written Answers

[Mr. M. Finneran.] customer complaints systems. Complaints regarding the actions of a local authority may also be made to the Office of the Ombudsman.

Question No. 1054 answered with Question No. 1041.

Departmental Advertising. 1055. Deputy Damien English asked the Minister for the Environment, Heritage and Local Government the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31577/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): The information requested in respect of my Department is being compiled and will be forwarded to the Deputy as soon as possible. My Department does not compile or hold data in relation to advertising funded by agencies under its aegis.

Turf Cutting. 1056. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government if a person (details supplied) in County Westmeath is entitled to cut turf for their own domestic use in their own bog; if not, if compensation will be provided for the purchase of alternative fuel; and if he will make a statement on the matter. [31594/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): The cessation of turf cutting is due to come into effect at the end of this year on two bogs in Co. Westmeath, located within the Lough Ree and Garriskill Bog candidate Special Areas of Con- servation (cSAC). Turf cutting for personal domestic purposes may continue as normal on all other bogs in the county next year. The person in question may wish to pursue more detailed enquiries with the local office of my Department’s National Parks and Wildlife Service, or Site Designations Unit , National Parks and Wildlife Service or Site Designations Unit, National Parks and Wildlife Service, 7 Ely Place, Dublin 2, tel (01) 8883261, as the information supplied is insufficient to indicate whether he may be affected by the cessation of turf-cutting on specific raised bog sites.

Question No. 1057 answered with Question No. 968.

Local Authority Staff. 1058. Deputy John Cregan asked the Minister for the Environment, Heritage and Local Government the reason clerical officers working for Limerick City Council have been refused career breaks when clerical officers in other local authorities are being granted these breaks; and if he will make a statement on the matter. [31626/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): Under the special local authority incentive career break scheme 2009, in order to be considered for approval under the scheme, all applicants must firstly satisfy the relevant eligibility criteria. Subject to the general conditions, the application of the scheme in local authorities is a matter for each County and City Manager. County and City Managers have discretion, for stated business reasons, to grant or refuse a career break. While local authorities are asked to facilitate applications for career breaks as far as possible, the needs of the work may require that some applications will have to be refused. The operation of the career break scheme is subject to the operating requirements of local authorities not being significantly adversely affected.

428 Questions— 16 September 2009. Written Answers

A local authority may, for stated business reasons, prioritise between applications, having regard to the level of saving achieved by granting certain applications, the location or business area of the person(s) applying, and any other relevant matter. A local authority may also refuse an application for a career break under this scheme: if the applicant has specialist or hard-to- replace skills or competencies; if s/he is in a particular location or business area where high work demands are expected over the term of the career break or where there have been a number of applications for the scheme; if there is a potential conflict of interest between the activity in which the employee proposes to engage or engages in during his/her career break and his/her position in the local authority; the overall size and structure of the office, section or organisation and the challenge of distributing or reallocating the work of the employee; or for other stated business reasons.

Local Authority Funding. 1059. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government if he has issued directives to local authorities in respect of changes to the conditions attaching to thatching grants in 2009; the reason for such changes; and if he will make a statement on the matter. [31702/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): A conservation grants scheme is administered by local authorities with funding from my Department. This scheme is aimed at assisting owners and occupiers to carry out conservation works on structures of architectural significance, including thatched houses, which are listed in the Record of Protected Structures contained in local authority development plans. It is a matter for each local authority to assess and prioritise applications and approve funding. The operation of the scheme is governed by Circular PD 5/99: Conservation of Architectural Heritage. My Department has made no changes to the conditions applying to this scheme in 2009 apart from bringing forward the closing date for receipt of claims from local authorities to ensure that all such claims may be processed for payment before year end.

Departmental Programmes. 1060. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31711/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): My Depart- ment has not incurred any quantifiable cost in the administration of the cycle-to-work scheme, which has been put in place using existing staff resources. The scheme is being implemented in the Department under a salary sacrifice arrangement through the employee payroll. Under such an arrangement, the employer provides the bicycle and/or safety equipment to the employee who agrees to forego or sacrifice part of his or her salary every pay period over an agreed time-scale in order to cover the cost of the benefit. The cycle-to-work scheme was introduced under the Finance (No. 2) Act 2008. The purposes of the scheme are to: encourage more employees to cycle to and from work; contribute to lowering carbon emissions; help reduce traffic congestion; help improve health and fitness levels. Thirty-four employees of the Department have availed of the scheme since its inception.

Ministerial Expenses. 1061. Deputy George Lee asked the Minister for the Environment, Heritage and Local Government the amount that has been claimed in expenses by each Senior and Junior Minister

429 Questions— 16 September 2009. Written Answers

[Deputy George Lee.] in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31946/09]

Minister for the Environment, Heritage and Local Government (Mr. Gormley): The information requested is set out in the tables below for the period from 1997-2003 and from 2004- 2008. My Department introduced a new financial accounting system in 2004, which facilitates retrieval of information on different claims and expenses. The extraction of information on Ministerial expenses prior to 2004, other than for travel and subsistence, would involve an inordinate amount of time and effort. No expenses were claimed by Ministers of State Bernard Allen, Ma´ire Hoctor and A´ ine Brady, whose responsibilities spanned, or span a number of Departments.

Travel and subsistence claimed 1997- 2003

Name Claim period Travel and subsistence claimed

Minister Brendan Howlin January 1997 – June 1997 1,929.63 Minister Noel Dempsey June 1997 – June 2002 20,052.29 Minister Martin Cullen June 2002 – December 2003 6,434.88 Minister of State Liz McManus January 1997 – June 1997 13,541.74 Minister of State Dan Wallace June 1997 – June 2002 143,020.72 Minister of State Bobby Molloy June 1997 – June 2002 24,570.98 Minister of State Noel Ahern June 2002 – June 2007 20,569.98 Minister of State Pat The Cope Gallagher June 2002 – December 2003 48,755.56

Expenses claimed 2004 to 2008

Travel & Ministerial Entertainment Office/IT/ Other Total Subsistence Representation Phone Allowance

\\\\\\

Minister Martin Cullen (Jan to Sept 04) 5,299.96 1,375.22 0.00 0.00 0.00 6,675.18 Minister Dick Roche (Sept 04 to June 07) 7,691.65 0.00 0.00 0.00 45.00 7,736.65 Minister John Gormley (June 07 to Dec 08) 4,181.63 0.00 122.75 962.32 0.00 5,266.70 Minister of State Pat The Cope Gallagher 35,697.49 2,143.06 675.67 324.83 0.00 38,841.05 (Jan 04 to Sept 04) Minister of State Noel Ahern (Jan 04 to 71,898.54 577.38 0.00 0.00 0.00 72,475.92 June 07) Minister of State Batt O’Keeffe (Sept 04 to 202,817.88 1,768.14 362.50 120.83 299.00 205,368.35 May 08) Minister of State Tony Killeen (June 07 to 41,250.81 589.38 235.79 0.00 0.00 42,075.98 May 08) Minister of State Michael Kitt (May 08 – 21,266.28 0.00 0.00 0.00 0.00 21,266.28 Dec 08) Minister of State Michael Finneran (May 26,944.40 0.00 0.00 0.00 0.00 26,944.40 08 – Dec 08)

Cross-Border Projects. 1062. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the way the Loughs Agency will regulate Lough Foyle without full responsibility of the leasehold of the seabeds or grounds that encompass Lough Foyle as the Crown Estate has 430 Questions— 16 September 2009. Written Answers confirmed that they have not signed the lease giving control to the Loughs Agency; the impact upon those persons fishing the lough from a legal viewpoint; and if he will make a statement on the matter. [30139/09]

1063. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the way the Loughs Agency can regulate Lough Foyle without full responsibility of the leasehold of any of the seabeds or grounds that encompass Lough Foyle as the Crown Estate has confirmed that they have not signed the lease giving control to the Loughs Agency; the further way this impacts upon those persons fishing the lough from a legal viewpoint; and if he will make a statement on the matter. [30748/09]

Minister of State at the Department of Communications, Energy and Natural Resources (Mr. C. Lenihan): I propose to take Questions Nos. 1062 and 1063 together. There is as yet no licensing regime for aquaculture currently in operation in Lough Foyle. The Foyle and Carlingford Fisheries Act, 2007 empowered the Loughs Agency to conserve, protect, develop and manage shell fisheries and aquaculture in the Loughs areas, enabling for the first time the introduction of an agreed regulatory aquaculture and shell fisheries regime in Lough Foyle. The legal issues in relation to foreshore, aquaculture and shellfish licensing in Lough Foyle are being examined by the relevant authorities. It will be necessary, however, for the Loughs Agency to secure foreshore licences for the cross-border foreshore areas in Lough Foyle and Carlingford Lough from the Department of Agriculture and Fisheries and Food and the Crown Estates Commission, which are the bodies responsible for the management of foreshore in both jurisdictions. This will facilitate the introduction of a structured management system for aquaculture in the Loughs areas with the objective of achieving sustainable development for the social, economic and environmental benefit of the communities that influence, enjoy and depend on its resource. This will provide those involved in aquaculture surety of tenure and a degree of certainty as to future production prospects in relation to their operations in accordance with their licence conditions.

Fisheries Protection. 1064. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources his plans to permit drift net salmon fishing in 2010; and if he will make a statement on the matter. [30883/09]

1065. Deputy Brian O’Shea asked the Minister for Communications, Energy and Natural Resources if there has been a recovery in the wild salmon stocks on our rivers; and if he will make a statement on the matter. [30884/09]

Minister of State at the Department of Communications, Energy and Natural Resources (Mr. C Lenihan): I propose to take Questions Nos. 1064 and 1065 together. The primary motivation in aligning the management of the wild salmon fishery with the scientific advice and the introduction of the appropriate regulations to cease mixed stock fishing is the conservation of the wild salmon stocks. It is important to afford every protection to the remaining salmon stocks and to clearly prioritise conservation over catch in order to fulfil obligations under the Habitats Directive. It is not possible to relax the conservation measures other than where river stocks recover and it is established from the results of the scientific analysis conducted by the Marine Institute

431 Questions— 16 September 2009. Written Answers

[Mr. C Lenihan.] in conjunction with the Central Fisheries Board that significant numbers of fish destined for other rivers are not intercepted. It should be possible, in those circumstances, to exploit the identified surplus in rivers, bays and estuaries by all appropriate methods, within the constraints permitted by the Habitats Directive. It is not envisaged that drift netting in the open seas will be licensed in the future. In regard to the recovery of wild salmon stocks in our rivers, the Standing Scientific Commit- tee’s report on the status of Irish Salmon stocks in 2008 and Precautionary Catch Advice for 2009 indicated that increases in returns in 2007 to fish counters and traps, which occurred immediately following the closure of the mixed stock fishery in 2006, were not sustained in all of salmonid rivers. The Marine Institute estimate marine survival from the returns of over 300,000 tagged salmon annually and it is clear that this index is declining due to persistent but as yet unidentified problems at sea. Initial indications from the tag recovery programme for 2009 suggest that marine survival may have in fact declined even further. During 2009, the number of rivers open for salmon fishing was fifty, a reduction of six compared to 2008. A further thirteen rivers were open for catch and release angling, which was eight less than in 2008. The Standing Scientific Committee’s analysis on the performance of the 2009 fishery will be conducted after the closure of the angling season at the end of September. Preliminary catch data for the commercial season has, however, been compiled by the Central Fisheries Board as the season has already ended in all fishery districts. The commercial harvest as a percentage of the river specific quotas available under the Wild Salmon and Sea Trout Tagging Scheme Regulations 2008 (SI 586, 2008) varied from river to river. In some rivers no fish were caught and in only two instances the full quota was caught. Indications are that the overall catch rate at 32% was down by comparison to the catch rate in 2008 at 48%.

Energy Resources. 1066. Deputy Mattie McGrath asked the Minister for Communications, Energy and Natural Resources the agreed procedures between local authorities and the ESB with regard to the supply, erection and maintenance of public lighting; and if he will make a statement on the matter. [30952/09]

Minister for Communications, Energy and Natural Resources (Mr. E. Ryan): I have no direct function in the operational matters to which the Deputy refers. However, in order to be of assistance to the Deputy, I can provide the following information. Responsibility for the regulation of the electricity supply market lies with the Commission for Energy Regulation (CER), which is an independent statutory body. The electricity supply market has been fully opened to competition since February 2005. I am advised that there are a number of companies, including ESB Customer Supply, supplying electricity to local authorities for public lighting. Responsibility for the provision and maintenance of public lighting infrastructure resides with the local authorities and not with the ESB. ESB Contracts, an unregulated division of ESB, provides a service to the local authorities to install and maintain public lighting. The service generally covers the maintenance and provision of public lighting systems and equipment within the local authority area. I understand that the provision of these services is open to competition and that there are contractors other than ESB Contracts already in the market. Occasionally, this work is also undertaken by local authority staff. I can also confirm that following a strategic review of its public lighting business, ESB has decided to tender for a new owner for the business. A formal commercial process is currently

432 Questions— 16 September 2009. Written Answers underway in this regard. My Department, the Department of the Environment, Heritage and Local Government, the County and City Managers’ Association (CCMA) and the ESB are working very closely together to ensure all appropriate structures are in place to facilitate a smooth transition period and to ensure that local authorities are geared up for the further development of full competition in the public lighting market, in due course.

Fishing Industry Development. 1067. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources the recipients of the buy-out of licences as per the 29 January 2008 Bord Iascaigh Mhara report to the National Salmon Commission on the salmon hardship scheme; and if he will make a statement on the matter. [30143/09]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Conor Lenihan): I understand the Deputy is referring to the Salmon Hardship Scheme administered by Bord Iascaigh Mhara on behalf of the Department and by the Loughs Agency in respect of the Foyle area. The scheme was launched in March 2007 and a total of 1,171 applicants have availed of the scheme and have received full or part payment to date. Final payments due to beneficiaries who chose to spread their entitlement over three years according to the terms of the scheme will be made in early 2010.

Telecommunications Services. 1068. Deputy Pa´draic McCormack asked the Minister for Communications, Energy and Natural Resources the position regarding the lack of broadband services by a company (details supplied) or other service providers to provide a broadband network in the townlands between Rosscahill and Moycullen, County Galway; and if he will make a statement on the matter. [30180/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Broad- band services are provided by private service providers over various platforms including DSL (i.e. over the telephone lines), fixed wireless, mobile, cable, satellite and fibre. I have no function in relation to the provision of broadband services by private sector providers. Details of broadband availability from service providers, together with the availability of broadband services in specific areas, including the general area of Rosscahill and Moycullen County Galway area are available at www.broadband.gov.ie.

Offshore Exploration. 1069. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the beneficial changes he has made to the revenue stream which will accrue from future oil and gas exploration licences as a result of his increasing the State’s take in such circumstances; and the way this compares favourably with other European countries, particularly those whose oil fields are in the Atlantic Ocean. [30199/09]

1070. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources if he will explain the rationale for abandoning the royalties route regarding gaining State revenue for gas and oil exploration; the way this compares with international best practice among countries with potential Atlantic-based oil and gas resources; and if he will make a statement on the matter. [30200/09]

433 Questions— 16 September 2009. Written Answers

1071. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the factors which are assessed in coming to a balance in terms of protecting and benefiting from resources here, while at the same time leveraging international expertise of a commercial nature to extract such resources in a way that will benefit the State in favourable terms compared with other Atlantic European nations; and if he will make a statement on the matter. [30201/09]

1072. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources the rationale for not setting up, through investment, a State-owned and run infrastructure for gas and oil exploration, such as that which exists in Norway and the UK; and if he will make a statement on the matter. [30202/09]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Conor Lenihan): I propose to take Question Nos. 1069 to 1072, inclusive, together. Ireland needs to reduce its dependence on imported energy and that objective can only be realised through successful development of indigenous energy resources, including our indigenous hydrocarbon resources. My Department is actively engaged in promoting opportunities for exploration for oil and gas offshore Ireland with the aim of attracting an increased share of mobile international exploration investment to Ireland. The terms offered to companies exploring for oil and gas offshore Ireland have been carefully balanced to attract those willing to invest money in high-risk exploration while still giving the State a fair share of profits where a commercial discovery is made. New terms, which apply to all exploration licences awarded after the beginning of 2007, were put into effect in the 2008 Finance Act. They build on the 25% tax rate applicable to licences issued before 2007, to include an additional tax which is payable at rates of up to 15%; so total taxes payable will be 25-40% of profits, depending on the ratio of profit to the cost of bringing the field to production. In 1987, Ireland followed the lead of other countries such as the UK and Norway in moving away from a royalty based payments system to a tax based system. Under a tax based system the return to the State is linked directly to the profitability of the oil or gas field. Under a royalty system payments are linked to the volume of production and take no account of differences in development cost or actual profitability. When comparing Ireland’s fiscal terms with those of our near neighbours it is important to have regard to the relative exploration success records. Countries such as France, Portugal and Spain have success records somewhat similar to Ireland, whereas the UK and Norway have had very significantly higher rates of success. For example, since 1970, 128 exploration wells and 28 appraisal wells have been drilled offshore Ireland and 4 commercial discoveries have been made. While in the UK by the end of 2007, 2314 exploration wells and 1604 appraisal wells had been drilled and 370 commercial discoveries have been declared to date. France applies a tax rate of 34.4% with no royalty payable; Portugal has a tax rate of 27.5% with no royalty except on oil production in shallow water and Spain imposes a tax rate of 30% with no royalty. As in Ireland, none of these countries’ governments take a share of exploration or development projects. Countries such as the UK and Norway, that have experienced a much higher rate of successful exploration, can of course seek a higher return and still attract exploration investment. The UK has a tax rate of 50% on oil and gas production and in Norway the tax rate is between 28% and 78%.

434 Questions— 16 September 2009. Written Answers

Neither country requires royalty payments. While the Norwegian government participates in exploration and production, it pays its full share of all costs and also pays the oil companies at least 28% of their exploration costs when exploration wells are unsuccessful. Under the existing regulatory framework exploration costs are borne entirely by the licence holders. State participation in exploration would mean that the Irish taxpayer would have to pay the cost of unsuccessful exploration wells. This would, in my view, place an unreasonable burden on the Exchequer as a single deep- water well in the Atlantic can cost in the region of \100 million. On that basis I consider that it is the industry and not the State that should continue to take the risk associated with investment in exploration for oil and gas.

Alternative Energy Projects. 1073. Deputy Paul Gogarty asked the Minister for Communications, Energy and Natural Resources if he will clarify, contrary to the situation that exists regarding oil and gas exploration, that the State can and will become a major stakeholder in creating the infrastructure and directly recouping the rewards of a large investment in wind and wave research and related manufacturing; if his attention has been drawn to the fact that the jobs potential for companies here, State owned and otherwise, to manufacture turbines and service the infrastructure; if he will make the investment through borrowing, issuing bonds and so on that will be required to enable self-sufficiency through renewable energy sources, making Ireland a net energy exporter and immune from the direct resource consequences of peak oil and gas; and if he will make a statement on the matter. [30203/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): As the Deputy will be aware, the Government’s priority commitment to Renewable Energy is leveraging Ireland’s very significant renewable energy potential to ensure the best possible outcome for the economy and the environment. This means ensuring access to reliable supplies of energy at reasonable cost, while at the same time delivering radical improvements in the sustainability of energy use. The Deputy is also correct in asserting that there are a range of enterprise and employment benefits that spin off from this. The Government is taking a wide ranging approach to this, supporting basic and applied research in areas where we have a natural competitive advantage and adopting a set of supports to industry to ensure that we can deliver projects of sufficient scale. The general research areas include long standing programmes like the Renewable Energy Research Development and Demonstration programmes run by Sustainable Energy Ireland (SEI), and the Charles Parsons Scheme of Energy Research which is administered by Science Foundation Ireland. The applied research area includes programmes like the Microgeneration Pilot Programme, the House of Tomorrow Programme and the Renewable Transport Programme. The Government is giving high priority to supporting the development of Ireland’s ocean energy potential. Not only will ocean energy contribute to Ireland’s renewable energy targets, it has considerable potential for inward investment and enterprise activity in support of economic renewal. The ocean energy package launched last year is designed to ensure Ireland is fully positioned to harness the rich potential of the technology. Delivery entails close cooperation between Departments, agencies and the industry to deliver on the roadmap, which will trans- form ocean energy into a commercially viable industry. The dedicated Ocean Energy Development Unit (OEDU) was established last year. The Ocean Energy Unit launched the industry prototype development fund towards the end of

435 Questions— 16 September 2009. Written Answers

[Deputy Eamon Ryan.] 2008, and has also undertaken a detailed assessment process to identify the most suitable wave energy test site with a grid connection to the electricity network. The development partnership will now develop a grid connected site off Annagh, County Mayo. This facility will test operational pre-commercial wave energy devices directly connected to the electricity network. The Government has also put in place a set of supports, ranging from capital supports for certain type of renewable energy technology, across the industrial, institutional and industrial sectors. These include the REFIT Scheme, a fixed feed in tariff system, which is leveraging investment in renewable electricity capacity, which is critical to Ireland delivering our targets under the Renewable Energy Directive. In addition the Commercial State Energy Companies, ESB, BGE and Bord na Mo´ na have indicated strong commitment to investment in renewable energy consistent with their commercial mandate. This commitment has already led to investment in various renewable energy projects. I am committed to ensuring that we maintain momentum on all fronts. The work now under way will reap rich dividends for Ireland if we succeed in building the critical mass of knowledge skills and capability to test and develop the technology and systematically address the short to medium term challenges.

Electricity Transmission System. 1074. Deputy Thomas Byrne asked the Minister for Communications, Energy and Natural Resources if he has received a copy of the TEPCO report, produced for EirGrid; and if he proposes to lay a copy of this report or a report similarly named, before the Houses of the Oireachtas. [30277/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): EirGrid has commissioned a report by TEPCO (Tokyo Electric Power Company) to examine technical issues associated with integrating underground high voltage cables with the Irish electricity transmission system. This work is additional to the report by PB Power which EirGrid published earlier this year, and which examined structural and cost issues associated with high voltage, long distance transmission infrastructure. I understand that the TEPCO report is currently being finalised. EirGrid expect that the report will be completed and published within the next two months and I can confirm that it will be made available to Members of the Oireachtas.

Natural Gas Grid. 1075. Deputy Tom Hayes asked the Minister for Communications, Energy and Natural Resources if he will clarify the plans for connection to gas for a town (details supplied) in County Tipperary; and if he will make a statement on the matter. [30473/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The development and expansion of the natural gas network is in the first instance a commercial matter for Bord Ga´is E´ ireann (BGE), which is mandated under Section 8 of the Gas Act, 1976, as amended, to develop and maintain a system for the supply of natural gas that is both economical and efficient. The Commission for Energy Regulation (CER), which is a statutory, independent body, has, since 2002, been charged with all aspects of the assessment and licensing of prospective operators who wish to develop and/or operate a gas distribution system within the State under the

436 Questions— 16 September 2009. Written Answers

Gas (Interim)(Regulation) Act, 2002. I therefore have no direct statutory function in relation to the connection of towns to the gas network. I am advised however that Gaslink, the Gas System Transmission Operator (a subsidiary of Bord Ga´is E´ ireann), in conjunction with Bord Ga´is Networks has submitted its report to the CER on the Phase 3 assessment of towns not already connected to the natural gas network. Tipperary town is included in a total of 42 towns examined as part of Phase 3 of this assessment. The CER is currently examining the report which will be published by BGE´ shortly [and will indicate the overall CER assessment, including in relation to Tipperary town].

Telecommunications Services. 1076. Deputy Damien English asked the Minister for Communications, Energy and Natural Resources the position regarding the delivery of broadband under the national broadband scheme for an area (details supplied) in County Meath; when he expects broadband will be available in this locality; and if he will make a statement on the matter. [30772/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department has entered into a contract with “3”, a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 is required to provide services to all residences and businesses that are within the NBS area and who seek a service. The Company is progressing its network roll-out and services have gone live in a number of areas. The entire NBS area must be covered by September 2010. The general area of Dunderry, Navan, County Meath, will be covered by the NBS. The current service status of each NBS area is available at www.three.ie/nbs.

Postal Services. 1077. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will respond to a communication (details supplied); and if he will make a statement on the matter. [30811/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Fol- lowing on from a second commissioned report on the wider benefits of postcodes, the Govern- ment recently agreed in principle to their introduction and I will be making a decision shortly on their implementation.

Alternative Energy Projects. 1078. Deputy Simon Coveney asked the Minister for Communications, Energy and Natural Resources the progress that has been made in the commercialisation of ocean energy technology since the establishment of a dedicated ocean energy fund in Sustainable Energy Ireland; when he expects full-scale prototypes to be connected to the grid; his views on the progress made in recent years when compared with other economic competitors in developing this technology and industry; and if he will make a statement on the matter. [30849/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Ireland’s Ocean Energy Strategy is being overseen and implemented by the Ocean Energy Development Unit in Sustainable Energy Ireland (SEI) working in partnership with all key players. Ocean energy technologies are still in the research and development phase globally. Work towards the commercialisation of ocean energy technology continues in Ireland and abroad.

437 Questions— 16 September 2009. Written Answers

[Deputy Eamon Ryan.]

A key priority under the ocean energy strategy is to increase the research and design capabilities in ocean energy in Ireland. The wave-tank facility at the Hydraulics and Maritime Research Centre (HMRC) University College Cork is Ireland’s centre of excellence in ocean energy research, modelling and technical support for early stage device developers. The Government’s ocean energy strategy includes a programme of grant support to companies developing full scale prototypes and the development of a test site for full scale electricity generation off County Mayo. The prototype fund administered by the Ocean Energy Develop- ment Unit of SEI has provided financial support this year to more than 7 companies to date. While the inherent challenges of ocean energy and the nature of this frontier technology are complex the growing interest and involvement of large engineering companies and utilities in Ireland and globally indicate the accelerating pace of development. The Ocean Energy Development Unit is continuing work on the establishment of the grid connected wave energy test facility off County Mayo. The Ocean Energy Development Unit also liaises closely with Northern Ireland colleagues on a number of initiatives, designed to deliver the benefits of ocean energy development for the economy of the island as a whole. A tidal device is already connected to the Northern Irish grid at Strangford Lough. In view of the need to maximise the potential economic benefits associated with this developing technology, the Ocean Energy Development Unit’s advisory group is working to achieve a maximum level of co-ordination between the various state bodies involved in the objectives of the ocean energy programme. The development and implementation of a new offshore renewable energy planning regime is also a key priority both for the Minister for the Environment, Heritage and Local Government and myself.

Natural Gas Grid. 1079. Deputy Noel Ahern asked the Minister for Communications, Energy and Natural Resources the position of the proposed liquid gas plant (details supplied) in north Kerry. [31024/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Shannon LNG received planning permission in 2008 for their proposed merchant development of a liquefied natural gas (LNG) re-gasification facility near Ballylongford in Co. Kerry. Shannon LNG has applied for the requisite foreshore licence, which is being processed by the Department of Agriculture, Fisheries and Food and the necessary consent for construction of a gas pipeline between the LNG terminal and the Irish gas transmission system, which is being considered by the Commission for Energy Regulation (CER). I understand that the CER decision is expected within the next month. Subject to receipt of the necessary consents the timescale for progressing the project is a matter for the Company. The Gas Capacity Statement published by the CER in July of this year, notes that Shannon LNG has indicated that subject to final corporate decisions on proceeding with the investment, the proposed facility would be developed on a phased basis with Phase 1 operational by 2013/2014.

Semi-State Sector Remuneration. 1080. Deputy Noel Ahern asked the Minister for Communications, Energy and Natural Resources if an equity shareholding has been given to ESB employees; if so, the details of same; if it applies to all employees including pensioners; if given free or of nominal part of pay or productivity; if this is the first State or semi-State body in which this happened without the

438 Questions— 16 September 2009. Written Answers company being privatised in total or part; the way it was justified; and if the terms of the deal will be outlined. [31025/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): An Employee Share Ownership Plan (ESOP) has been in place in the ESB since 2001. The ESOP was an element of the Cost and Competitiveness Review (CCR) agreed between the Govern- ment and ESB Management and ESB Group of Unions in 1996. Under the CCR, 5% of the shares in ESB were made available to employees, without actual cash transfer from the employees in return for specific, substantial, verifiable, future changes to be delivered. The 2001 Electricity Act, which allowed ESB to create capital stock for ESOP purposes, provided the legislative basis for the ESB ESOP. The terms of the ESB ESOP are in line with Government policy and Revenue rules on Employee Share Ownership Plans, which also applies to ESOPs in other semi-state companies including, for example, Bord Ga´is. Eligibility for participation in the ESOP is a matter for ESB Board and the ESB Group of Unions and is established in accordance with the terms of the ESB ESOP trust deeds, the terms of which meet the requirements of the Taxes Consolidation Act 1997. As required under Revenue rules, the ESB ESOP was open to all employees of the ESB Group (ESB or any wholly owned Irish resident subsidiary company of ESB), provided those employees had completed 12 months continuous service with the ESB Group on relevant dates from 6 April 1997 to 31 December 2002. Former employees of the ESB Group who were in service on 1 January 1998 and who met the qualifying criteria but had ceased employment with the ESB Group at the time the ESB ESOP was established were also eligible to participate. Employees who participated in the ESOP but have subsequently retired or left the Group may still be participating in the scheme but are required to sell their shares on the third anniversary of the later of, the date of leaving the Group or the date of appropriation of those shares. The appropriation of the shares has yet to take place and is a matter for the ESOP trust.

Departmental Staff. 1081. Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31223/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Two Civil Servants from my Department act on the Boards of Agencies under the remit of the Department. One official is on the board of both the Irish National Petroleum Corporation and the National Oil Reserves Agency. Another official is on the board of Sustainable Energy Ireland The two Civil Servants in question do not receive remuneration or fees in respect of their membership, nor have they claimed expenses from the agencies concerned. No Civil Servant from the Department acts on the Boards of any of the other 22 Agencies under the aegis of my Department.

Alternative Energy Projects. 1082. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural

439 Questions— 16 September 2009. Written Answers

[Deputy Denis Naughten.] Resources the REFIT tariff rate for electricity; if this figure has been approved by the EU Commission; when it will become effective and period involved; and if he will make a statement on the matter. [31340/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): On 25 September 2007 the European Commission gave state aid approval relating to the first Renew- able Energy feed-in Tariff (REFIT) scheme which provides support for renewable energy sourced electricity. Section 5 of the Terms and Conditions document relating to the first REFIT scheme (available on the Department’s website: http://www.dcenr.gov.ie/Energy/Sustainable+and+Renewable+Energy+Division/) sets out the conditions for REFIT payments to suppliers — Reference prices, adjustments to reference prices and calculation of reimbursements. Section 6 of the Terms and Conditions document sets out details concerning procedural matters relating to applications, delivery of documents, allocation of the limited support, selection process, withdrawal of applications and closure of REFIT reserve list/s. For the first REFIT scheme, the reference prices listed in section 5.1 of the Terms and Conditions document are (i) Large scale wind category — 5.7 eurocent per kWh (ii) Small scale wind — 5.9 eurocent per kWh (iii) Hydro — 7.2 eurocent per kWh (iv) Biomass landfill gas — 7 eurocent per kWh (v) other biomass — 7.2 eurocent per kWh. It is noted in the introduction of the terms and conditions that support for any particular project cannot exceed 15 years and may not extend beyond 2024. The proposed terms and conditions relating to a second renewable energy feed-in tariff scheme for the construction of renewable energy powered electricity in additional categories (anaerobic digestion, high efficiency (HE) Combined Heat and Power (CHP), ocean energy [wave and tidal] and offshore wind) were published on 9th September 2009. Section 5 of the terms and conditions document for the second REFIT scheme sets out the planned conditions for REFIT payments to suppliers — Reference prices and calculation of reimbursements. Section 6 details procedural matters including applications, delivery of documents, allocation of the limited support, selection process, withdrawal of applications and closure of REFIT reserve list/s. The planned Terms and Conditions of the second REFIT scheme are subject to state aids clearance which has yet to be obtained from the European Commission. For the second REFIT scheme, the reference prices listed under 5.1 of the planned terms and conditions are (i) Anaerobic digestion — 12 eurocent per kWh (ii) HE CHP — 12 eurocent per kWh when the plant is operating in HE CHP mode. (iii) Ocean energy — 22 eurocent per kWh (iv) Offshore wind — 14 eurocent per kWh. It is noted in 1.3 of the introduction to the second REFIT scheme planned terms and conditions that support for any particular project cannot exceed 15 years and may not extend beyond 2030.

1083. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the steps he is taking to support renewable energy projects on farms; the grant aid or supports provided to date for such projects; and if he will make a statement on the matter. [31344/09]

440 Questions— 16 September 2009. Written Answers

1084. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 170 of 18 June 2009, the funding to date allocated to anaerobic digestion; and if he will make a statement on the matter. [31347/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 1083 and 1084 together. There is a range of renewable energy support measures in place, including a number that may prove particularly suitable to farmers or those living in rural areas. In the first instance, there are measures in place to support the generation of electricity on a micro scale as I announced earlier in the year. These measures include a guaranteed price of 19 cent per kilowatt hour of electricity produced. This competitive feed-in tariff will apply to the first 4,000 micro-generation installations countrywide over the next three years. Access to the feed-in tariff will also include the provision of a smart-meter to facilitate exports to the grid and encourage those customers to examine their electricity use generally. Eligible installations include small scale wind, photovoltaic, hydro and micro combined heat and power. While there is an upper limit on the size of eligible units, this type of technology would still prove worthwhile for farmers, if only for their own residences. The initiation of a pilot trial by Sustainable Energy Ireland (SEI) of micro and small-scale generation technologies is designed to investigate and test technical, market and regulatory issues associated with the deployment of micro-generation technologies including installation, network connection and operation, and generation. Grant aid for up to 50 pilot installations, will be provided as part of the programme. The experience gained in the performance of this programme will inform the roll-out of any subsequent wider micro-scale programme. SEI has completed the selection process for those pilot installations, and is in the process of issuing the first phase of payments. Opportunities also exist in the areas of Biomass production and Anaerobic Digestion (AD). Leaving aside the market development effects of programmes like Greener Homes and the Renewable Heat Deployment Programme (Reheat), both of which have acted to stimulate the market for biomass, a number of other capital support programmes are also in place. SEI’s Combined Heat and Power (CHP) grants programme launched in August 2006, assists the deployment of small-scale fossil-fired and biomass CHP systems in industrial, commercial, service and public sectors, and the new Biomass CHP Programme, launched in January 2008, provides grant aid for Biomass and Anaerobic Digestion (AD) CHP. Anaerobic Digestion, in particular, offers a real opportunity for farmers to use animal waste to generate electricity, while also reducing the environmental impact of that waste when spread on the land. Refit tariffs have also been announced for biomass and AD CHP. The allocation for the Biomass/AD CHP programme was \2m in 2008 and \2.74m in 2009, with \2m spent in 2008. To date, just over \1m has been paid out on Biomass CHP projects. There have been no funds formally committed for capital investment on AD projects to date, however 5 capital projects are currently under evaluation, to a total grant level of \2.35m. A total of \95,000 has been committed for AD feasibility studies, and \32,200 has been paid.

Telecommunications Services. 1085. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Communications, Energy and Natural Resources when the roll-out of the national broadband scheme will be available to the residents of the Brinlack lower and Bunaninver areas of Goath Dobhair, County Donegal; the timeframe for the availability of broadband in this area; and if he will make a statement on the matter. [31538/09]

441 Questions— 16 September 2009. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department has entered into a contract with “3”, a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 is required to provide services to all residences and businesses that are within the NBS area and who seek a service. The Company is progressing its network roll-out and services have gone live in a number of areas. The entire NBS area must be covered by September 2010. The Bunaninver and Brinlack area of County Donegal will be covered by the NBS. The current service status of each NBS area is available at www.three.ie/nbs.

Departmental Expenditure. 1086. Deputy Damien English asked the Minister for Communications, Energy and Natural Resources the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31572/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): In the time available, it has not been possible to identify and assemble relevant records within my Department. Officials within my Department are in the process of identifying and assembling the information and I will revert to the Deputy as soon as possible.

Telecommunications Services. 1087. Deputy Frank Feighan asked the Minister for Communications, Energy and Natural Resources the position regarding the provision of broadband to the Carrigallen area, in County Leitrim; and when same will be fully available in this area. [31664/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): My Department has entered into a contract with “3”, a Hutchison Whampoa company, for the delivery of the National Broadband Scheme (NBS). 3 is required to provide services to all residences and businesses that are within the NBS area and who seek a service. The Company is progressing its network roll-out and services have gone live in a number of areas. The entire NBS area must be covered by September 2010. The general area of Carrigallen, County Leitrim will be covered by the NBS. The current service status of each NBS area is available at www.three.ie/nbs.

Departmental Programmes. 1088. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31706/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): There is no discernible cost to this Department’s Vote in administering the cycle to work scheme. The bicycles and equipment are paid for by way of salary sacrifice by those acquiring the bicycles. Minor costs are incurred by the Department in processing forms and in carrying the up-front costs until such time as those are offset by the gradual deductions from salary. Neither of these is quantifiable. The only material cost of the scheme to the State is the tax relief inherent in the scheme. The total amount sanctioned to date by way of cycle purchases for staff of this Department is \6,197.24.

442 Questions— 16 September 2009. Written Answers

Ministerial Expenses. 1089. Deputy George Lee asked the Minister for Communications, Energy and Natural Resources the amount that has been claimed in expenses by each Minister and Minister of State in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31941/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The expenses paid by my Department to my Ministers of State and me since the establishment of the Department in June 2007 are detailed in the table below:

Name Period Travel and Subsistence Expenses

Minister Ryan 14th June 2007 to 31st December 2008 3,739 Minister of State Killeen 21st June 2007 to 6th May 2008 4,346 Minister of State Power 13th May 2008 to 31st December 2008 18,534

All the above expenses were paid in respect of duties carried out in an official capacity.

Harbour Authorities. 1090. Deputy Pa´draic McCormack asked the Minister for Agriculture, Fisheries and Food the amount of harbour dues which are owed from late 2003 to date in 2009; the grant moneys which have been paid for the same period; if there have been prosecutions of non-payment of dues; and if he will make a statement on the matter. [30157/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I understand that the Deputy’s question relates to Ros an Mhil, Fisheries Harbour Centre, Co. Galway. The total amount of harbour dues owed for Ros an Mhı´l Fishery Harbour Centre from late 2003 to date is \1,106,855. In line with legal advice I cannot comment on any individual case. There has been no prosecution, to date, for the non-payment harbour dues for the period in question. My Department owns Ros an Mhı´l Fishery Harbour Centre and is responsible for its maintenance, development and management. Any necessary works are carried out directly by my Department rather than by way of grant aid. The Department of Community, Rural and Gael- tacht Affairs subsidises the operation of ferry services from Ros an Mhı´l Fishery Harbour Centre to the Aran Islands. Any question in relation to these subsidies should be addressed to my colleague Minister E´ amon O´ Cuı´v at the Department of Community, Rural and Gael- tacht Affairs.

Harbours and Piers. 1091. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 154 of 4 March 2009, the status of a project (details supplied) in County Clare; and if he will make a statement on the matter. [30860/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The pier at Doonbeg is the property of Clare County Council and responsibility for its repair and upkeep rests with the Local Authority in the first instance. In 2008, funding of \525,000 was allocated by my Department for development works at Doonbeg, Co. Clare. However, this project did not progress in 2008 as the necessary statutory permissions were not in place. My Department did, 443 Questions— 16 September 2009. Written Answers

[Deputy Brendan Smith.] however, receive an application from Clare County Council for funding under the 2009 Fishery Harbours and Coastal Infrastructure Development Programme for improvements at the pier. This programme has now been finalised and all requests for funding were considered in the context of available Exchequer funding and overall national priorities. Unfortunately, given available Exchequer resources it was not possible to fund any local authority managed projects in 2009 and therefore, the request for funding in respect of the pier at Doonbeg was not successful.

Grant Payments. 1092. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Roscommon will receive their REP scheme four payment; the reason for the delay; and if he will make a statement on the matter. [30933/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first payments issue. Processing of applications has commenced to facilitate to release of payments at the earliest possible date

Harbours and Piers. 1093. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the status of the project for the redevelopment of Dunmore East Harbour, County Waterford which is expected to cost more than \50 million; the amount of funding for this project under the 2009 harbours programme; the planned commencement and completion dates for the project; and if he will make a statement on the matter. [30097/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The following funding is being provided for works at Dunmore East Fishery Harbour Centre as part of my Depart- ment’s 2009 Fishery Harbour and Coastal Infrastructure Development Programme.

Funding

Safety and Maintenance 297,000 Disability Access 15,000 Harbour sedimentation/dredging study 7,000 Repairs to the East Pier — Phase II 262,000 Upgrading of slipway and access to the West Wharf 88,000

Future investment at Dunmore East Fishery Harbour Centre will be considered each year in the context of available exchequer funding and overall national priorities.

Foreshore Licences. 1094. Deputy John Deasy asked the Minister for Agriculture, Fisheries and Food the number of applications for foreshore licences which are pending in County Waterford; the status of each of these applications; when the licences will issue; and if he will make a statement on the matter. [30098/09] 444 Questions— 16 September 2009. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): At present there are 16 foreshore licence applications pending in relation to County Waterford. Waterford City Main drainage Scheme (One foreshore application). My Department is in correspondence with the City Council regarding draft specific conditions. Outfalls for the Dungarvan Storm Water Relief Scheme (Two foreshore applications). The applications in respect of this scheme are on hold pending clarification by the local authority on its intentions in relation to this scheme Dungarvan Main Drainage Scheme (One foreshore application). The license conditions (including role of the Environmental Protection Agency regarding effluent quality) are being considered within my Department. Outfalls from Surface Water/Storm Water Collection Systems and Waste Water Treatment Plants at Ardmore, Cappoquin and Stradbally (6 Foreshore applications). Amendments to the draft specific conditions have been requested by the local authority and these are being considered by my Department. My Department has requested an amended application in respect of the Ardmore outfall and the local authority is examining this matter. Outfalls from Surface Water/Storm Water Collection System and Waste Water Treatment Plant at Dunmore East (Two foreshore applications). The draft specific conditions for these cases have been finalized and agreed by the local authority and a submission for Ministerial approval of the foreshore licences is at draft stage. Site Investigation at Dungarvan Harbour (One foreshore application). The applicant (Dungarvan Town Council) has been informed that the application may proceed to public consultation stage. Application to extract sea water at Helvick Head pier (One foreshore application). The application has been circulated to the Department’s consultees and responses are awaited. Application for two storm water outfall at Abbeyside Dungarvan (One foreshore application). The application has been circulated to the Department’s consultees and responses are awaited. Application for floating pontoon and site works at Glencove, Cove Lane (One foreshore application). Ministerial approval has been granted in respect of this application and a licence is being drafted by the Chief State Solicitor’s office.

Departmental Correspondence. 1095. Deputy Martin Ferris asked the Minister for Agriculture, Fisheries and Food if he will make available the report sent to him by the Sea Fisheries Protection Authority in 2008 regarding illegal fishing. [30179/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The 2007 Sea Fisher- ies Protection Authority (SFPA) Annual Report was forwarded by the SFPA to my office in 2008 and a copy of this will be forwarded to the Deputy. It is also available on the SFPA website on www.SFPA.ie.

Grant Payments. 1096. Deputy James Bannon asked the Minister for Agriculture, Fisheries and Food the reason for the delay in the processing of the 2000 area aid application of a person (details supplied) in County Westmeath; if he will assure this Deputy that all outstanding matters pertaining to this person have been satisfactorily concluded; and if he will make a statement on the matter. [30228/09]

445 Questions— 16 September 2009. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The matter of the application of the person named under the 2000 Area Aid Scheme has been fully investigated by my Department, subsequently by the Agriculture Appeals Office and thereafter by the Office of the Ombudsman. All issues raised by the person named have been fully addressed; specifically, the issues raised by the person named with the Office of the Ombudsman concerned a number of business areas of my Department and events during the period 2000, 2001, 2002, 2003 and 2004. Each of the specific points raised were fully and comprehensively addressed by my Department. In concluding their examination of the case, the Office of the Ombudsman indicated appreciation for the co-operation of the officials of my Department who assisted with their investigation, indicating that the Ombudsman ‘regards the case as closed’ i.e. that the matters at question had been appropriately dealt with by my Department.

Animal Diseases. 1097. Deputy George Lee asked the Minister for Agriculture, Fisheries and Food his plans to amend the legislation to allow farmers to have the right to appeal disputed tuberculosis test results; and if he will make a statement on the matter. [30316/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The performance of and the interpretation of the results of a TB test is governed by Council Directive 64/432 EEC. The programme for the eradication of Bovine TB in Ireland is conducted under the Bovine Tuberculosis (Attestation of the State and general provisions) Order 1989. Both sets of legislation provide for the use of the intradermal tuberculin comparative test, known as the TB skin test, as the test to determine that an animal is infected with tuberculosis. This test, routinely used in the Bovine TB eradication programme in Ireland, is the most accurate diagnostic tool available. The Department veterinary inspector interprets the test result and determines if an animal is ultimately a tuberculin test reactor. Nevertheless, in circumstances where the result of a TB test is queried, my Department undertakes an investigation to ascertain that the test was in fact conducted correctly and that the reactions in the animal(s) conform to the normal response to the injection of tuberculin. Where nothing to substantiate the questions raised in relation to the test result is detected, the result remains unchanged. There are currently no plans in place to amend this legislation to allow farmers to introduce a formal appeal process in relation to disputed tuberculosis test results.

Aquaculture Licences. 1098. Deputy Ruairı´ Quinn asked the Minister for Agriculture, Fisheries and Food the steps he is taking to recover unpaid annual aquaculture licence fees from a company (details supplied) in County Galway prior to the restocking of the salmon pens in autumn 2009; his views on whether pursuing unpaid licence fees would be a wise course of action in view of the deficit in the public finances; and if he will make a statement on the matter. [30379/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My Department’s records indicate that the aquaculture licence fees payable by this company are in arrears despite the issue of regular invoices. The issue of arrears of fees is currently under active examination by my Department as part of a general review of licence terms and conditions. This review is examining the issue of outstanding fees in the context of the viability of licences and any grant aid to the sector.

446 Questions— 16 September 2009. Written Answers

Grant Payments. 1099. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when payment will issue to a person (details supplied) in County Tipperary under the single farm payment scheme. [30467/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The application under the 2008 Single Payment Scheme submitted by the person named included a commonage parcel. However, as the claims submitted by applicants in respect of this commonage under the 2008 Single Payment Scheme exceed the area of the commonage that is eligible for payment, payments to all applicants concerned, including the person named, have been withheld, pending a resolution of the issue. Given that the parties concerned have not yet reached agreement with regard to the commonage parcel in question, it has been decided, as an exceptional measure, to process each of the applications for payment, less the area of the over-claimed commonage parcel declared by each applicant. Should agreement subsequently be reached between the parties as to their share of the commonage parcel, supplementary payments will issue, where appropriate.

Animal Movement Permits. 1100. Deputy Joe Carey asked the Minister for Agriculture, Fisheries and Food if he will amend the practice whereby faxed or e-mailed movement permits from the district veterinary office for animals in restricted herds are deemed unacceptable; and if he will make a statement on the matter. [30470/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): Under Article 19(1)(a)(ii) of the Bovine Tuberculosis Order 1989, an animal cannot be moved out of a restricted herd into a premises on which it is intended to be slaughtered unless at the time of its entry it is accompanied by a movement permit. Movement permits are issued at the discretion of a Veterinary Inspector or an Authorised Officer. The current arrangements are such that these permits cannot be authorised electronically. I should point out, however, that the permits can be posted out to herd-owners. The Department is at present examining the practicalities involved in issuing movement permits electronically, taking account of legal considerations, including verification of permits.

Departmental Offices. 1101. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food the position regarding the local office in Ennis, County Clare; his plans for this office; if he will review his decision to close this office; and if he will make a statement on the matter. [30492/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): On 15 July, the Government approved my plan for a reorganisation of my Department’s Local Office Network. The plan involves reducing, from 57 to 16, the number of offices from which the Department will operate District Veterinary, Forestry and Agricultural Environment and Structures support services in the future. This will result in a reduction of some 400 in the number of staff working in my Department. While this will yield significant savings for the exchequer, no staff will be made redundant. As part of the process, the Ennis District Veterinary Office including the Agricultural Envir- onment and Structures Office and the Forest Service Office will be vacated and all services will be provided for the counties Clare and Limerick from a regional centre in Limerick.

447 Questions— 16 September 2009. Written Answers

[Deputy Brendan Smith.]

The Department is currently in discussion with other departments in relation to the redeployment of staff and transfer of buildings.

Grant Payments. 1102. Deputy Edward O’Keeffe asked the Minister for Agriculture, Fisheries and Food the position regarding a payment in respect of a person (details supplied) in County Cork. [30558/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations which require detailed administrative checks on all applications, including plan checks, to be completed before the first payments issue. Processing of applications has commenced to facilitate to release of payments at the earliest possible date.

Lobster Fisheries. 1103. Deputy Brian O’Shea asked the Minister for Agriculture, Fisheries and Food his proposals in regard to a managed lobster fishery and a closed season to allow lobster stocks to recover; and if he will make a statement on the matter. [30587/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): A consultation document entitled “Managing Access to the Irish Lobster Fishery” was launched in 2008. The document was the outcome of a lengthy engagement with industry through the Lobster Species Advisory Group and the Seafood Strategy Implementation Group. The focus of the document was on managing access as the essential cornerstone of a management plan for a sustainable lobster fishery. A 12 week consultation period was undertaken with all stakeholders. 70 written submissions were received. Following this, the Department and BIM engaged in further consultation with the Lobster Species Advisory Group and amendments have been made to the consultation document as a result of this further round of consultation. Detailed discussions are now underway regarding the implementation of the arrangements. The “Managing Access to the Irish Lobster Fishery” document is concerned with putting in place an agreed national framework which provides for management of local lobster fisheries at local level. Matters such as a “closed season” for lobsters would be a matter to be agreed by the Local Advisory Committee in the first instance and then submitted to the national Lobster Species Advisory Group.

Grant Payments. 1104. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food, further to Parliamentary Question No. 563 of 9 June 2009, the position regarding an appeal of suckler welfare scheme payment by a person (details supplied) in County Clare; and if he will make a statement on the matter. [30668/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named has 13 animals for consideration under the 2008 Suckler Welfare Scheme. To date \720.00 has been paid in respect of nine of the animals. Following contact with the Suckler Welfare Section of my Department, and the issue of letters on 8 June 2009 and 20 July 2009, the query regarding the provision of amended weaning dates has now been resolved. Payment for the four remaining animals will issue shortly.

448 Questions— 16 September 2009. Written Answers

Herbicide Regulation. 1105. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food if a herbicide (details supplied) which is available here has met with all of the statutory regulations laid down by his Department and the EU; if his attention has been drawn to the concerns regarding the impact of same on crop production; and if he will make a statement on the matter. [30672/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I am aware of reports, from the UK, that manures containing traces of the herbicide had allegedly led to damage of sensitive vegetable crops in 2008. In the UK, such use of manures from treated forage was in contradiction of warnings on the product label that were part of the conditions of use that form the basis of the approval for the product. The product was approved here in accordance with S.I. No 83 of 2003, as amended, which implements EU Directive 91/414/EEC on the placing of plant protection products on the market. It was approved for use as a herbicide in Ireland in August 2007 for the control of certain perennial weeds in established grassland. In Ireland, a plant protection product may only be placed on the Irish market when the label fully complies with the conditions attached to the approval of the product. The content of the label is determined during a detailed assessment of the effectiveness and safety profile of the product from a human health, animal health or an environmental point of view. All users of plant protection products are legally required to carefully read the label and to use the product only as instructed on the label. My Department monitors the use of all plant protection products on an ongoing basis and may revoke or amend product approvals as appropriate. In the case of the herbicide mentioned, I am satisfied that, when this product is used in accordance with label instructions, it can be a very useful tool in the control of weeds (including noxious weeds) without any negative consequences for man, animals or for the environment.

Grant Payments. 1106. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food the position regarding an appeal in the case of a person (details supplied) in County Kilkenny; if their claims from 2005 to date in 2009 have been approved; and if he will make a statement on the matter. [30683/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The person named established 24.47 provisional entitlements under the Single Payment Scheme at a unit value of \8.62. In order to activate Single Payment entitlements, an applicant was obliged to lodge a Single Payment application in 2005. The person named did not submit an application under the 2005 Single payment Scheme and, consequently, these entitlements reverted to the National Reserve. My Department’s Agriculture Appeals Committee upheld this decision on 3 October 2006. The person named subsequently appealed the decision to the Agriculture Appeals Office and an oral hearing was held on 15 December 2008, at which the person named undertook to furnish my Department with medical evidence in support of his claim for Force Majeure in 2005. The medical evidence subsequently furnished to my Department on 21 August 2009 was deemed to confirm the claim of the person named for Force Majeure, on foot of which the 2005 application form, submitted by the person named to my Department on 26 August 2009, was accepted. However, as the person named had not included a map of the land declared on

449 Questions— 16 September 2009. Written Answers

[Deputy Brendan Smith.] the application, a letter, requesting an appropriate map, issued on 28 August 2009. The person named lodged the map in question with my Department on 11 September 2009. This map is now being digitised, following which, the 2005 application can then be further processed.

Farm Retirement Scheme. 1107. Deputy Jim O’Keeffe asked the Minister for Agriculture, Fisheries and Food if arrangements have been made for the payment under the farm retirement scheme to a person (details supplied) in County Cork; and if he will make a statement on the matter. [30717/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): On examination of the application received from the person under the Early Retirement Scheme, a number of queries arose and my Department has requested clarification from the person named regarding outstanding documentation. Until these queries have been answered, processing of the application cannot be finalised.

Grant Payments. 1108. Deputy Michael McGrath asked the Minister for Agriculture, Fisheries and Food the position regarding a grant application by a person (details supplied) in County Cork. [30771/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I announced details of the Scheme for the Allocation of Milk Quota to New Entrants on 10 June last with a closing date of 31 July. The purpose of the scheme is to make allocations of 200,000 litres of milk quota available to suitable new entrants to dairying. An application from the named person was received in my Department. The processing of applications is currently being finalised and I hope to be in a position to allocate the quota to the successful applicants before the end of September.

Animal Feedstuffs. 1109. Deputy Phil Hogan asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the storage of material at a facility (details supplied) in County Carlow; the action he will take to ensure compliance with all annual feed regulations arising from the storage of material in the interest of human and animal health; and if he will make a statement on the matter. [30871/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): EU Regulation 183/2005 lays down general rules on feed hygiene, the conditions and arrangements to ensure traceability of feed, and the conditions and arrangements for the registration and approval of all operators involved in the manufacture, haulage, storage or use of animal feed. The premises being referred to by the Deputy was registered by my Department as a Feed Business Operator in March 2006 as a grain intake depot and as a haulier and storekeeper of feed materials. Officials of my Department have carried out a number of inspections on this facility in recent years to ensure compliance with the regulations and can confirm that the separate storage of biofert material does not compromise the safety of the feed materials, including grain, being stored at the premises.

Grant Payments. 1110. Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food when a

450 Questions— 16 September 2009. Written Answers claim for a forestry payment will be awarded in respect of a person (details supplied) in County Limerick. [30900/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): I understand that there are no outstanding forestry payments due to the person in question.

Rural Environment Protection Scheme. 1111. Deputy Sea´n Sherlock asked the Minister for Agriculture, Fisheries and Food if a replacement scheme will be implemented should the REP scheme be discontinued; and if he will make a statement on the matter. [30989/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 was closed to new applicants in July against the background of the situation in the public finances, the resources available to the Department and the increase, over the past year, from just under 47,000 to some 63,000 in the number of REPS participants. A record 17,000 applications were received up to the closing date of 15 May for 2009, and further applications were received up to the time the Scheme closed. The latter will be processed as applications for 2010. Payments due to REPS farmers for 2009 will be the highest ever. All participants already in REPS will continue to receive annual payments until their current contracts run their course. I plan to introduce a new agri-environment scheme in 2010 which will reduce compliance costs to participants and which will provide a menu of targeted actions from which farmers may choose. Funding for the new scheme will include the additional modulation funds which I ensured will be retained for the benefit of Irish farmers in the negotiations on the CAP “Health Check”. It will also include additional matching Exchequer funding. The new scheme requires the approval of the European Commission. An outline has already been sent to the Commission as part of a set of proposals for an amended Rural Development Programme following a consultation exercise on the use of the modulation funds. The details of the scheme have yet to be finalised. I invited submissions from stakeholders, the closing date for which was 4 September and the submissions received are now being examined and considered in my Department.

1112. Deputy Sea´n Sherlock asked the Minister for Agriculture, Fisheries and Food if he is revising his decision to close REP scheme 4 to new applicants; and if he will make a statement on the matter. [30990/09]

451 Questions— 16 September 2009. Written Answers

[Deputy Brendan Smith.] ensured will be retained for the benefit of Irish farmers in the negotiations on the CAP “Health Check”. It will also include additional matching Exchequer funding. The new scheme requires the approval of the European Commission. An outline has already been sent to the Commission as part of a set of proposals for an amended Rural Development Programme following a consultation exercise on the use of the modulation funds. The details of the scheme have yet to be finalised. I invited submissions from stakeholders, the closing date for which was 4 September and the submissions received are now being examined and considered in my Department.

Grant Payments. 1113. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be granted their single farm payment for 2008. [30991/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application was received on 8 May 2008 requesting the transfer of 9.15 Single Payment entitlements to the person named from his late father by way of inheritance under the 2008 scheme year. The normal testamentary documentation was requested and subsequently received. However as the person named was not the holder of a herd-number it was not possible to complete the requested transfer. Upon review it is noted that the herd-number held by his late father has recently been transferred to the person named and backdated to 2 May 2007. In light of this, the 2008 application to transfer entitlements will now be processed under the 2008 scheme year. This will allow the outstanding payment for 2008 to issue to the person named.

1114. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the number of herd owners on an estate (details supplied) in County Mayo who have yet to receive payments for 2008; and when his Department will finish assessing the right to claim of each herd owner as well as the specific associated share claim so that this matter can be resolved. [30992/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The position is that there are no outstanding payments under the 2008 Disadvantaged Areas Scheme to eligible claimants on the Dickens Estate. As regards the 2008 Single Payment Scheme, payment has not yet issued to two persons who were new applicants on this estate in 2008. The transfer of the Single Payment entitlements has been finalised in both cases and any payments due will issue as soon as their eligible area for payment has been finalised.

Rural Environment Protection Scheme. 1115. Deputy Sea´n Sherlock asked the Minister for Agriculture, Fisheries and Food the position regarding all rural environment protection schemes; and if he will make a statement on the matter. [31005/09]

452 Questions— 16 September 2009. Written Answers to the time the Scheme closed. The latter will be processed as applications for 2010. Payments due to REPS farmers for 2009 will be the highest ever. All participants already in REPS will continue to receive annual payments until their current contracts run their course. I plan to introduce a new agri-environment scheme in 2010 which will reduce compliance costs to participants and which will provide a menu of targeted actions from which farmers may choose. Funding for the new scheme will include the additional modulation funds which I ensured will be retained for the benefit of Irish farmers in the negotiations on the CAP “Health Check”. It will also include additional matching Exchequer funding. The new scheme requires the approval of the European Commission. An outline has already been sent to the Commission as part of a set of proposals for an amended Rural Development Programme following a consultation exercise on the use of the modulation funds. The details of the scheme have yet to be finalised. I invited submissions from stakeholders, the closing date for which was 4 September and the submissions received are now being examined and considered in my Department.

1116. Deputy Sea´n Sherlock asked the Minister for Agriculture, Fisheries and Food his plans to reinstate the rural environment protection scheme; and if he will make a statement on the matter. [31006/09]

Grant Payments. 1117. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be approved and awarded a grant under REP Scheme 4. [31054/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): REPS 4 is a measure under the current Rural Development Programme 2007–13 and is subject to EU Regulations

453 Questions— 16 September 2009. Written Answers

[Deputy Brendan Smith.] which require detailed administrative checks on all applications, including plan checks, to be completed before the first payments issue. Processing of applications has commenced to facilitate to release of payments at the earliest possible date.

1118. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will be approved and awarded a grant under the disadvantaged area scheme. [31055/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): An application under the 2009 Disadvantaged Areas Scheme was received from the person named on 13 May 2009. In line with previous years, payments are scheduled to commence on 23 September, with payments initially issuing in respect of those applications, which are clear for payment at that stage.

Commonage Division. 1119. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food the position regarding an estate (details supplied) in County Mayo. [31056/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The persons named submitted copy Folios to my Department in the context of their claim to a share each in the Dickens Estate. As the grazing rights to the Dickens Commonage are not specifically referred to on the documentation submitted, my Department is examining the pre-registration position of the folios in this regard. When this research has been completed, my Department will contact the persons named. The question of signing the affidavit must be considered in this context.

Aquaculture Industry. 1120. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food when a programme (details supplied) will be launched in view of the effect the delay is having on industry. [31211/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Seafood Development Measure contained in the National Development Plan 2007-2013 is divided between the EU Co-funded Operational Programme and the National Seafood Development Operational Programme. The EU Co-funded OP has already commenced and has funded the 2008 decommissioning scheme which has allowed 46 boats to be decommissioned with grant aid totalling \36.6 million already paid over 2008 and 2009. The National Seafood Development Operational Programme 2007-2013 was advertised for public consultation in October 2008. Following this consultation process issues were raised by the Department of Environment, Heritage and Local Government and the Department of Communications, Energy and Natural Resources on behalf of CFB (Central Fisheries Board) regarding the grant-aiding of projects where environmental issues arise relating to compliance with the EU Birds and Habitats Directives and sea lice control on salmon farms. This Department with its agencies working with the Department of Environment, Heritage and Local Government developed a plan to deliver compliance with the EU Birds and Habitat Directives for wild fisheries and aquaculture over a determined timeframe. This plan was submitted to DG Environment for consideration.

454 Questions— 16 September 2009. Written Answers

A meeting between this Department, the Department of Environment, Heritage and Local Government and Agencies and DG Environment took place in Brussels on 13 May 2009 to discuss the plan with a view to securing DG Environment’s support for the approach set down in the plan. DG Environment advised that it was, in principle, favourably disposed towards Ireland’s plan subject to a positive response to the issues raised and further clarifications from the Irish authorities on the details of the plan. Additional material has now been forwarded to DG Environment where it is being examined. When these matters have been satisfactorily addressed, DG Environment expects to be in a position to formally respond on the plan at an early date. A meeting at Ministerial level was held in June between my Department and the Department of Communications, Energy and Natural Resources. Minister Killeen advised on the significant progress made in relation to managing sea lice levels on salmon farms and the concerns of the Fishery Boards were also set down. I am hopeful that there is a better understanding of the issues involved from both Department’s perspectives and that on this basis we can find a satisfactory resolution to the concerns raised. It is noteworthy that the delay in the launch of the National Seafood Development OP has not held up grant aiding aquaculture developments in 2009 as the European Commission have agreed to the continuation of grant aid under the 2000-06 OP until 30 June 2009. A provision of \5m has been made for aquaculture development in the Agriculture Vote for 2009 and I have approved the spending of \4.327 million on aquaculture projects in both the BMW and S&E regions under the 2000-06 OP which will assist the continued operation of aquaculture projects in these areas and the employment that they support. These projects have been fully completed and payments made.

Decentralisation Programme. 1121. Deputy Sea´n Sherlock asked the Minister for Agriculture, Fisheries and Food the status of proposals to decentralise Government offices to locations in County Cork; and if he will make a statement on the matter. [31214/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The Government announced last year that the moves of my Department’s offices to Fermoy and Macroom under the decentralisation programme had been deferred pending a review in 2011. However, I recently announced a programme of reorganisation of the local office network and a move to a location north of Cork city is being reconsidered.

Departmental Staff. 1122. Deputy Niall Collins asked the Minister for Agriculture, Fisheries and Food if civil servants from his Department who are members of boards of agencies, including commercial and non-commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31221/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): One Civil Servant from my Department is appointed to the board of Teagasc and another to the board of An Bord Bia. In both cases no fees are payable in respect of their membership of the boards

455 Questions— 16 September 2009. Written Answers

[Deputy Brendan Smith.] but travel and subsistence expenses are payable in respect of official travel arising from their membership of the Boards. One Civil Servant from my Department is seconded to Bord Bia and another to the Aquacul- ture Licensing Appeals Board. In those cases the salaries and expenses of the officers are payable by those bodies. The question of the surrender of such monies to my Department does not arise.

Proposed Legislation. 1123. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when he will publish the Animal Health and Welfare Bill; and if he will make a statement on the matter. [31342/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My officials are continuing to draft the Animal Health and Welfare Bill which will give effect to a number of commitments in the area of animal health and welfare contained in the Programme for Govern- ment. The legislation will amend and consolidate previous legislation in the domain of animal health, particularly to reflect the changed disease status of our animals and will update existing legislation, to ensure that the welfare of all animals, including non-farm animals, is properly protected and penalties for offenders are increased significantly. The proposed legislation will also provide for the consolidation of responsibility for the welfare of all animals within my Department. Following the public consultation process initiated on the draft Bill, almost 400 submissions/comments were received from organisations and individuals with an interest in animal health and welfare matters. Officials met with a large number of these organisations and individuals to provide an opportunity for elaboration on the respective submissions. Work is now continuing on drafting the Bill taking account of the further observations received.

Waste Disposal. 1124. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food if he has provided capital funding for anaerobic digesters under grant aid provided to address animal waste issues under the Nitrates Directive; and if he will make a statement on the matter. [31351/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): A Scheme of Invest- ment Aid for Demonstration On-Farm Waste Processing Facilities was introduced by my Department in June 2006 under the aegis of the 2000-2006 National Development Plan. In 2007, grant-aid was made available under the Scheme for the development of ten on-farm anaerobic digestion facilities. As the grant-aid is payable only on completion of the work concerned, none of the grants has been drawn down, to date.

Live Exports. 1125. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the steps he is taking to support a live cattle trade to Britain; the number exported to date in 2009; the corresponding figure for 2008; and if he will make a statement on the matter. [31377/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The live export trade is an important element of Ireland’s meat and livestock industry providing a complement to the beef trade.

456 Questions— 16 September 2009. Written Answers

Up to 4 September, some 5,320 head were exported to Great Britain this year, up from 737 in the same period last year — an increase of over 620%. Shipments of cattle to Northern Ireland are over 53,000 head, an increase of some 230%. Total live cattle exports to the UK, at almost 58,400 head, are 248% up on the same period in 2008. The main reasons for this increase are reduced cattle availability in the UK and higher returns on the market there. Bord Bia continues to work closely with the industry in monitoring and developing emerging opportunities for Irish livestock in the United Kingdom, the Continent and international markets. This includes contact with leading retailers in Britain to establish their interest in cattle born in Ireland and finished in Britain.

Departmental Expenditure. 1126. Deputy Damien English asked the Minister for Agriculture, Fisheries and Food the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31570/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The details sought by the Deputy in relation to the value of advertising and promotional campaigns carried out by the Department in each year since 2004 is set out below.

Year Value

2004 802,214 2005 1,260,822 2006 1,177,252 2007 1,575,993 2008 1,218,023 2009 (Jan-Aug) 262,970

The question of advertising and promotions by agencies within the remit of my Department is an operational matter for the bodies themselves.

Grant Payments. 1127. Deputy John Cregan asked the Minister for Agriculture, Fisheries and Food when applicants for REP scheme four will be informed that their applications are in order; and when payments will be awarded. [31627/09]

1128. Deputy John McGuinness asked the Minister for Agriculture, Fisheries and Food if the forestry premium for 2008 and 2009 will be awarded to a person (details supplied) in County Kilkenny; and if he will expedite the matter. [31628/09]

457 Questions— 16 September 2009. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): My Department is writing to the person in question regarding the inspection of his plantation by a Forest Service Inspector. Payment of outstanding premiums will be considered following the inspection.

Departmental Programmes. 1129. Deputy David Stanton asked the Minister for Agriculture, Fisheries and Food the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31704/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): To date, expenditure on the Cycle-to-Work Scheme is \26,811.16 for 37 applications. This will be recouped from the salaries of the participating officers. Regarding the administrative costs of the scheme, no specific costs have been incurred. A section that has a range of other duties deals with the administration of the scheme.

Ministerial Expenses. 1130. Deputy George Lee asked the Minister for Agriculture, Fisheries and Food the amount that has been claimed in expenses by each Senior and Junior Minister in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31939/09]

Minister for Agriculture, Fisheries and Food (Deputy Brendan Smith): The details requested are being compiled at present and a statement will issue directly to the Deputy as soon as possible.

Third Level Fees. 1131. Deputy Noel Ahern asked the Minister for Education and Science the situation in relation to free university fees under the current scheme for a student (details supplied). [31021/09]

1237. Deputy Noel Ahern asked the Minister for Education and Science the situation in relation to free university fees under the current scheme for a student (details supplied). [31020/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1131 and 1237 together. Under the terms of my Department’s Free Fees Initiative the Exchequer meets the tuition fees of eligible students who are pursuing full-time undergraduate courses of study which are a minimum of two years duration in an approved institution. The main conditions are that students must be first-time undergraduates, hold EU/EEA/Swiss nationality in their own right and have been ordinarily resident in an EU/EEA/Swiss state for at least three of the five years preceding their entry to an approved third level course. Students with official refugee status in the State, and their family members, who have three years residency in the State (from official date of lodgement of application for refugee status) may also be considered for free fees once the student meets the other criteria of the Free Fees Initiative. The assessment of eligibility under the Free Fees Initiative in individual cases is a matter for each institution to determine within the terms of the scheme. It is the students own nationality or his/her immigration status in the State that determines whether or not he/she meets the nationality requirement outlined in the Free Fees scheme.

458 Questions— 16 September 2009. Written Answers

The Department of Justice, Equality and Law Reform adjudicates on a person’s entitlement to remain in the State. My Department understands that permission to remain in the state can be awarded to categories of applicants other than those specified in my Department’s free fees scheme. In the case of the student referred to by the Deputy, I understand that whilst the student concerned has been provided with a permission to remain in the country, he does not meet the nationality requirement of the scheme. Where students do not meet the eligibility criteria of the Free Fees initiative such students must pay the appropriate tuition fee as determined by the third level institution. Such institutions are autonomous bodies and, as such, the level of fees to be charged in such cases is a matter for the institutions.

School Staffing. 1132. Deputy Richard Bruton asked the Minister for Education and Science his views on extending the early retirement scheme to teachers who have been put on the panel for transfer because the pupil numbers in their school no longer support the quota of teachers employed. [31691/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Incentivised Scheme of Early Retirement for public servants over 50 years of age was announced in the Budget in April this year and does not apply to teachers. The intention behind the scheme is that those that retire would not be replaced thus enabling cost savings to be achieved. The moratorium arrangements within the education sector provide that teachers can be replaced in the normal way and that teacher numbers be capped at the aggregate overall number of posts in place in schools in September 2009. The Deputy appears to be referring to the redeployment arrangements at primary school level. Teachers on redeployment panels are redeployed to other schools with vacancies in accordance with agreed arrangements. While awaiting redeployment they are required to cover short-term absences in their existing school. The Early Retirement Scheme is aimed at civil and public servants who retire before the age of 60 and whose superannuation options are limited to receiving their entitlements at preserved pension age or, for people aged over 50, immediate payment of pension benefits subject to an actuarial reduction. It is not being applied to sectors who have fast accrual of service (eg An Garda Sı´ocha´na, Prison Officers and the Army) or for those who have other preferential pension benefits such as the 55/35 year rule for teachers. Under the 55/35 year rule a teacher, other than a new entrant appointed after 1 April 2004, who has reached the age of 55 years and has at least 35 years of actual pensionable service, may retire voluntarily. There is no actuarial reduction in benefits and credit for certain pre-service training is given in order to assist teachers to reach the 35-year threshold for retirement.

Special Educational Needs. 1133. Deputy Dan Neville asked the Minister for Education and Science if he will make a statement on a matter (details supplied). [30077/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the National Council for Special Education (NCSE), through local special educational needs organisers (SENOs), is responsible for processing applications from primary and post primary schools for special educational needs supports including applications for the establishment of special classes in various geographical areas as required. I understand that the NCSE has not

459 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] received any application from schools in the area in question to establish a special language class. All schools have the names and contact details of their local SENO. Parents may also contact the 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 to be forwarded to the NCSE for their attention and reply.

School Staffing. 1134. Deputy Joe McHugh asked the Minister for Education and Science if he will reconsider his decision to cut a teaching post from a school (details supplied) in view of its implications for the educational services provided by the school; and if he will make a statement on the matter. [30080/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers submitted an appeal to the Primary Staffing Appeal Board which was considered by the board on 14 May 2009. The appeal was refused and the school has been notified in this regard. The Appeal Board operates independently of the Department and its decision is final. The budget measures will impact on individual schools in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes. In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008. The Deputy will be aware that my Department has published provisional information on the Department’s website about teacher allocations for 2009/10 school year. This was done as a first step at improving the level of information in the public domain about changes to the staffing allocations at both primary and post-primary level. The allocations are provisional at this stage and reflect the initial allocation position. The final position for any one school will depend on a number of other factors such as additional posts for schools that are developing rapidly and posts allocated as a result of the appeals processes. The operation of redeployment arrangements also impacts on the final position as a teacher can remain in his or her existing school where a suitable redeployment position does not exist. The final staffing position for all schools will therefore not be known until later in the autumn. At that stage the allocation process will be fully completed for mainstream classroom teachers and I remain committed to publishing updated information.

School Transport. 1135. Deputy John Perry asked the Minister for Education and Science if he will ensure that the catchment area for a school (details supplied) in County Sligo, with regard to the school transport scheme, is extended to include Coolaney village, County Sligo. [30082/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): Under the terms of my Department’s Post Primary School Transport Scheme, a pupil is eligible for transport if s/he resides 4.8 kilometres or more from her/his local post primary education centre. The scheme is not designed to facilitate parents who choose to send their children to a post- primary centre outside of the catchment area in which they reside. However, children who are

460 Questions— 16 September 2009. Written Answers fully eligible for transport to the post-primary centre in the catchment area in which they reside may apply for transport on a concessionary basis to a post-primary centre outside of their own catchment area — otherwise known as catchment boundary transport. These children can only be facilitated if spare seats are available on the bus after all other eligible children travelling to their local post-primary centre have been catered for. Such children have to make their own way to the nearest pick up point within that catchment area. The Transport Liaison Officer of Co. Sligo has advised that pupils from the Coolaney area do not reside in the catchment area referred to in the details supplied and therefore may only apply for catchment boundary transport subject to the terms outlined above. My Department has commenced a Value for Money Review of the School Transport Scheme, including catchment boundaries, which is to be completed before the end of this year. The Steering Committee will look at the original objectives of the scheme, whether these objectives remain valid today, the extent to which the objectives are being achieved and whether there are possibilities for economies or efficiencies that would improve the value for money of the scheme. In this context, the review will also look at fundamental issues such as catchment boundaries. The review, when completed, will be published and sent to the Oireachtas Select Committee on Education and Science.

Third Level Education. 1136. Deputy John Deasy asked the Minister for Education and Science the proportion of people in the 18 to 25 years age group participating in full-time third level education in each local authority area in each of the years 2000 to date in 2009; the breakdown of the figures between university, institute of technology and other third level institutions; and if he will make a statement on the matter. [30100/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Data on the proportion of people in the 18 to 25 age group participating in full-time third level education by reference to each local authority catchment area is not available. However, the information is available for each individual Institute of Technology and University. Full-time student numbers in the universities from 2000/01 to 2008/09 and Institutes of Technology from 2006/07 to 2008/09, broken down by age, are set out below. Prior to 2006 student numbers were not collected by age in the Institutes of Technology but the total full-time student numbers for 2000/01 to 2005/06 are set out below.

461 Questions— 16 September 2009. Written Answers Total Total Age of All Full-Time Students: Undergraduate and Postgraduate 2000/2001 Age of All Full-Time Students: Undergraduate and Postgraduate at 1 January 2002 UCD UCC NUIG TCD NUI M DCU SPDUCD UCC UL NUIG MIC TCD NCAD NUI M RCSI DCU Totals Grand SPD UL MIC NCAD RCSI Totals Grand AGEMFMFMFMFMFMFMFMFMFMFMFMF AGEMFMFMFMFMFMFMFMFMFMFMFMF 17 and under1819 8720 1392122 755 63 1,23023 1,079 1,253 1,679 13224 432 1,103 1,64925-29 763 119 1,27230 708 and 837 872 over 1,405 227 406 750 1,574Totals 792 546 663 250 374 1,157 430 490 50 721 1,050 480 861 293 446 557 539 1,226 295 106 6,596 711 681 446 174 308 813 377 8,378 821 1,334 352 33 314 800 4,514 1,380 194 451 704 397 285 211 7,180 446 45 213 1,117 294 115 162 255 521 223 3,663 505 387 50 217 496 150 287 5,604 321 535 252 688 35717 4,639 326 and 577 180 416 under 41 554 639 31718 7,102 139 342 440 674 259 54319 558 87 1,615 5 37 85 21720 29 516 2,585 166 49 135 48 131 32721 123 57 307 2,846 279 271 19 29222 137 730 62 44 3,072 851 139 116 1,279 31323 554 134 123 812 220 995 1,236 1,685 125 200 76224 134 87 89 533 1,078 9 131 1,680 723 766 1,34625-29 202 434 852 126 65 80 135530 4 4,222 758 and 815 38 684 over 1,414 5 33 23 867 67 19 203 394 3,798 361 1,518 775Totals 829 22 271 6 746 412 533 50 259 404 381 49 98 492 1,247 85 501 71 312 723 1,182 12 486 212 412 896 213 276 30 509 1,520 161 2 638 1,271 28 641 274 260 105 6,717 744 676 42 154 398 171 107 321 211 17 140 41 376 8,599 761 896 175 1,280 347 95 49 4 345 4,534 62 1,359 789 239 564 553 9 106 470 83 771 344 65 26 216 25 83 7,467 436 67 24 304 214 1,260 153 218 673 53 274 551 306 35 80 3,975 10 36 51 2 71 496 70 5,214 58 25 490 376 280 182 352 610 6,118 394 586 291 105 5,577 30 69 8,173 23 29,491 3,396 684 32 4,678 22 2 549 337 365 176 457 55 13,387 41,748 513 8,603 4,684 579 337 5,418 7,275 155 87 57 71,239 14,180 73 530 8 653 336 536 242 48 581 8,814 6396 638 1,790 8 54 78 11,080 202 96 84 887 597 2,720 150 184 23 23 43 29 133 49 398 118 3,014 61 1,417 462 3,212 109 324 91 304 286 28 159 17 78 3,848 68 3,169 765 186 360 2,461 1,727 90 1,825 6,862 152 831 525 163 252 232 2,642 730 78 138 1,998 94 2,508 13 92 148 765 446 755 1,605 205 5,103 3,725 1063 4,333 67 10 98 4,237 1,275 89 700 18 64 35 9 23 3,802 427 2,338 52 482 6 349 257 55 107 96 56 342 39 182 396 49 245 1,629 308 163 42 20 201 2 87 28 136 243 203 166 113 46 36 13 49 2 103 565 80 28 32 83 99 21 37 719 62 11 21 77 65 78 97 23 5,525 712 17 5,451 36 77 3,276 8,395 30,679 15 33 77 2 8,580 13,920 43,661 5,307 29 5,062 14,031 76 74,340 8 40 69 544 8,583 7,004 92 12,066 155 80 899 13 67 100 3,322 1,443 125 79 69 1,739 3,909 2,569 2,049 2,166 7,231 3,056 96 2,943 3,905 5,625 1,142 4,992 1,402 2,544

462 Questions— 16 September 2009. Written Answers Total Total 02005439501,493 Age of Full-Time Students: Undergraduate and Postgraduate at 1 January 2003 Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2004 0000147000024280000000000383573 UCD UCC NUIG TCD NUI M DCU SPD UL MIC NCAD RCSI Totals Grand UCD UCC NUIG TCD NUI M DCU SPD UL MIC NCAD RCSI Totals Grand AGEMFMFMFMFMFMFMFMFMFMFMFMF AGEMFMFMFMFMFMFMFMFMFMFMFMF 17 and under1819 9420 1292122 760 53 1,26823 961 1,307 1,610 11624 1,094 1,69725-29 451 831 147 1,37630 752 and 924 over 1,412 784 183 439 737 1,603Totals 861 741 561 254 504 1,236 597 534 57 863 1,278 541 908 328 616 621 707 1,442 320 7,069 79 697 726 411 182 398 967 405 8,819 774 1,365 379 405 34 4,842 1,364 742 229 583 745 582 290 206 7,650 518 74 1,216 353 227 170 297 369 564 278 4,380 517 242 523 367 214 390 63 6,640 462 542 287 76117 4,739 357 and 567 362 221 495 under 535 65 557 37418 7,664 175 511 599 376 280 68019 803 1,859 43 86 5 22720 538 2,848 237 61 82 38 155 60 45021 115 332 3,164 56 354 18 126 372 25322 185 82 3,041 766 163 32223 86 183 145 796 490 721 318 74 123 264 72324 134 1,341 17 157 797 954 746 461 71 1,76925-29 202 133 1,311 1,552 91 5530 8 1,202 4,264 1,644 and 59 690 over 470 134 867 39 68 47 26Age 7 1,376 3,878 Unknown 384 804 907 1,381 9 466 834 38 254 119 46 414 265 235 502Total 863 1,603 344 61 893 38 785 634 398 253 42 305 202 539 1,313 187 56 1,639 302 631 530 47 10 793 1,259 522 815 78 176 1 106 350 634 664 21 222 1,508 816 252 264 321 47 97 102 700 25 737 405 127 209 390 970 749 35 1,233 13 492 572 94 46 371 112 0 7,438 30 59 73 346 1,430 725 275 2 580 736 8,875 321 651 11 760 219 42 29 32 85 81 10 470 91 98 1,223 284 5,115 87 222 163 348 5,306 571 392 286 764 9 29 7,878 5,833 501 71 37 248 9 540 97 8,463 454 34 31,937 23 2 213 517 504 3,359 535 4,492 316 8,949 13,769 45,284 769 4939 352 517 275 8 14,782 5,151 6,834 88 76 225 34 77,221 557 515 31 550 56 578 418 6,921 165 4,781 8,510 545 535 296 11,860 308 689 836 18 222 847 79 64 94 63 105 7,739 9 165 551 1,393 3,346 47 43 288 1,957 197 68 219 390 101 91 55 87 384 56 4,116 2,999 2,982 30 389 264 408 213 2,502 1,878 704 248 97 7,462 3,313 87 371 3,806 90 3,337 168 2,178 801 486 276 377 3,278 698 1,235 181 129 6,788 5,839 4,056 14 776 757 460 90 340 1,527 293 301 102 78 16 2,762 1,711 694 69 54 38 38 26 5 452 15 4,491 57 543 50 374 306 121 139 4,003 63 28 247 58 391 237 263 48 384 375 8 196 197 65 1,812 35 269 56 103 319 129 31 13 25 285 101 70 48 71 43 11 46 570 4 30 105 112 37 118 92 5,416 776 34 19 148 5,582 5 55 8,181 84 25 5,275 853 8,975 13,597 3,306 40 9 33,324 14,557 7,133 73 88 52 5,144 46,552 12,408 92 79,876 8,450 19 112 233 69 3,439 89 89 228 65 4,131 2,098 3,378 2,829 7,570 84 2,315 4,211 3,808 1,420 4,413 7,589 6,637 1,669 3,089

463 Questions— 16 September 2009. Written Answers 1,581 Total Total 1,009 1,638 32 43 75 1,383 1,715 3,098 42800629 4372426585996 38 27 2 4 2 1 42 32 74 Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2005 Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2006 UCD UCC NUIG TCD NUI M DCU SPD UL MIC MD NCAD RCSI Totals Grand 0121 2515526 MFMFMFMFMFMFMFMFMFMFMFMFMF Age UCD UCC NUIG TCD NUI M DCU SPD UL MIC NCAD RCSI MDI Total Grand AGEMFMFMFMFMFMFMFMFMFMFMFMFMF 17 and under181920 1022122 13823 804 7824 1,26725-29 989 1,360 1,553 16330 and 1,147 over 1,574 545Not 903 144 known 1,315 838 960 1,516 941Total 485 206 837 847 1,615 317 856 498 562 681 550 1,299 50 570 865 1,203 363 684 939 801 281 655 1,518 85 755 695 223 420 1,057 466 537 7,499 356 751 1,210 363 55 277 8,815 715 647 765 685 1,309 216 318 509 5,356 102 1,330 192 366 271 466 315 297 8,255 612 547 224 218 66 471 450 558 549 4,685 27317 499 and 758 under 369 229 6,976 517 61 38018 655 497 443 565 163 4,89819 477 325 678 430 878 54720 9 96 7,781 205 57 430 7921 277 76 209 33 2,004 58 54 91 37322 390 125 30 3,105 404 238 85 30823 344 107 198 292 759 739 3,13724 180 195 65 1,296 310 117 518 767 1,138 1017 2,904 15825-29 139 1,286 18 1,571 29937817326215921422131080811511156361911732163266147463 731 138 145 1,112 20230 840 and 1,225 85 over 1,603 509 303Age 976 8 Unkown* 60 859 128 1,302 35 781 31 1,654 971 925 19 1,550Totals 479 470 219 4,567 40 848 110 884 103 1732 598 778 514 39 728 5,861 552 1,250 423 261 344 61 569 436 894 1,248 877 47 693 16 174 871 318 709 229 1,384 50 425 763 519 22 86 728 414 390 1,049 7,426 158 547 81 3 382 36 732 1,232 107 369 8,996 85 56 837 688 636 755 1,310 204 79 369 5,366 125 68 560 1,224 109 273 387 56 506 279 315 322 8,400 86 18 637 153 520 96 235 470 491 72 4,732 643 564 43 560 318 528 10 11 31 870 49 13 21 134 353 7,007 340 551 684 820 10 78 486 440 645 2 4,917 143 22 29 91 464 65 56 401 57 19 736 977 849 590 14 8,022 14 96 5,491 177 5,761 52 101 513 5 89 166 42 284 46 60 272 2,123 8,383 82 53 141 8,884 74 56 290 3,659 437 4,967 13,874 3,201 17 148 36 14,645 408 87 307 265 31 245 5,795 356 220 7,101 282 58 717 88 3117 33,630 152 213 567 40 315 9,454 12,068 6 5 709 154 8 47,009 3273 726 107 19 3,468 644 1 185 501 283 80,639 686 12 19 300 4,021 16 9 81 15 54 652 3,518 27 51 36 8 1922 7,489 1690 2,751 71 500 44 4,201 429 5 1,432 49 2,273 3,669 123 360 4303 121 431 7,719 1,630 4,195 229 401 6,420 18 4,154 252 328 401 5 3,062 14 150 443 18 50 344 414 14 33 2,128 55 19 110 33 67 51 60 89 29 8 42 146 9 170 80 46 265 98 35 11 3 25 10 74 87 251 129 60 12 30 10 89 7 94 598 153 59 5,650 47 78 32 137 819 5,689 16 3,610 8,765 5,052 8,958 14,415 902 91 5,822 98 70 40 14,647 7,031 33,886 9,432 12,083 106 160 48,636 43 85 82,522 3,275 165 30 94 4,310 3,742 2,862 1,996 7,585 4,744 3,895 2,368 8,486 6,757 4,364

464 Questions— 16 September 2009. Written Answers 1,507 7,033 1,563 Total Total 1,400 1,784 3,184 21245591916 1050187011581982 Age of All Full-Time students: Undergraduate and Postgraduate, at 1 January 2007 Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2008 UCD UCC NUIG TCD NUI M DCU SPD UL MIC MD NCAD RCSI Totals Grant 000200000096120000000000101020 UCD UCC NUIG TCD NUI M DCU UL MIC SPD MDEI NCAD RCSI St Angela’s Totals Grand 030000000020000013000030016713 AGEMFMFMFMFMFMFMFMFMFMFMFMFMF AGEMFMFMFMFMFMFMFMFMFMFMFMFMFMF 17 and under181920 1002122 10423 812 7324 1,26425-29 962 1,351 1,623 3263792022711552442043318310018714312301321221854247207286 11130 and 1,191 over 1,671 519Age 951 149 Unkown* 1,334 795 1,075 1,572 904Totals 469 232 1,769 890 829 830 644 603 838 502 1,413 849 55 569 1,199 734 854 947 1,368 303 701 78 703 728 426 1,009 7,790 454 575 753 371 1306 432 47 9,085 1287 688 656 762 810 231 5,583 377 545 1,183 80 354 387 256 518 311 8,582 633 479 234 593 545 58 488 4,855 591 28517 and 554 740 under 360 6,898 559 564 37718 707 74 463 646 4,917 13619 432 1,049 714 796 434 7,99520 10 95 87 183 67 574 26021 304 2,146 48 48 113 120 58 31222 449 269 3,197 33 371 402 26123 768 217 72 337 3,292 83 1,453 818 36824 165 219 732 963 519 1,415 1,635 133 3,592 15625-29 775 19 305 90 653 1,221 1,807 203 1,020 557 74830 533 155 and over 313 1,418 1,027 1,578 7Age 823 94 Unkown* 45 623 914 35 11 1,716 232 33 86 1,760 59 465 979 837 825Totals 31 516 622 4,303 377 130 54 296 70 143 1,404 880 42 654 1,227 478 863 507 309 624 4,289 857 193 1,408 389 437 373 10 267 667 773 749 359 981 301 89 20 0 11 773 482 428 768 1,299 186 196 983 437 459 25 574 386 359 45 8,045 16 60 2,211 363 1,371 53 749 1 34 417 276 718 9,398 717 836 15 116 244 59 104 61 512 394 26 43 277 1,171 5,809 95 675 183 39 17 422 485 292 189 62 12 8,750 473 588 65 150 473 271 84 544 28 268 256 609 100 616 290 4,858 37 779 581 11 344 373 88 38 674 10 3 178 102 6,992 271 569 82 702 127 402 150 701 42 480 4,917 530 821 1,070 340 78 42 108 850 608 6 17 16 113 83 99 8,120 187 844 535 611 772 272 45 308 97 94 5,993 120 2,345 841 5,801 67 100 30 63 18 352 771 499 674 3,717 287 3,263 9,296 87 5,028 8,931 378 98 10 934 215 118 345 100 100 5,623 15,289 3,453 62 14,732 34 667 7,193 68 415 34,888 497 261 144 3,827 180 9,340 54 386 492 12,221 131 49,375 154 45 306 358 67 89 269 4,463 78 121 84,263 3,316 175 377 60 4 4,337 457 179 323 54 337 51 121 408 4,123 156 184 32 409 3,992 552 447 3,115 1,925 5 281 394 7,439 33 132 17 17 2,262 4,974 119 4,152 2,373 7 74 208 12 77 20 8,966 49 346 7,267 4,298 65 22 176 47 171 17 1,789 36 59 37 11 68 34 36 38 40 85 8 11 91 56 10 136 139 238 97 39 36 30 74 21 5 247 116 6 10 99 38 87 1 583 21 138 12 9 131 9 44 860 10 2 70 114 3 50 20 27 970 1 112 72 9 79 80 31 5 57 6,136 17 117 62 6,231 21 9,064 162 50 94 52 3,712 9,668 507 15,200 5,352 0 15,899 72 35,997 5,700 185 107 68 51,036 7,463 9,412 103 21 8 12,815 1 0 5 3,368 0 4,214 40 137 17 7,582 4,072 3,240 1,936 15 5,198 4,597 2,309 1,363 9,270 7,837 4,245 1,834 3,197

465 Questions— 16 September 2009. Written Answers Total 1,492 Total 7 91,226 1,494 1,729 3,223 7 2,831 3,279 2,7019 24,553 51,572 62724813012595897 Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2009 Age of All Full-Time Students: Undergraduate and Postgraduate, at 1 January 2008 Institute of Technology Sector UCD UCC NUIG TCD NUIM DCU UL MIC SPD MDI NCAD RCSI St Angela’s Totals Grand 00000300002000006460000001094958 AIT CIT DIT DLIADT DKIT GMIT ITB ITC ITS ITT ITTRA LYIT LIT TI WIT Totals Grand 00003210001000000000100000005211415 AGEMFMFMFMFMFMFMFMFMFMFMFMFMFMF AGEMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMF 17 and under181920 8121 1082223 787 41 1,44224 1,003 1,546 1,641 9525-29 35236721827521224923730698781471131361441855104731919546906 597 1,204 1,826 1,06730 and over 150 1,458 1,098 1,606 854Age 805 Unknown 1,795 206Totals 489 933 899 680 861 1,415 893 787 1,230 901 522 49 964 666 1,466 1041 697 883 798 363 75 474 842 1,040 787 1,295 8,394 614 547 362 828 368 1,378 72 9,710 741 454 855 833 235 6,144 361 1,285 512 417 95 692 570 8,932 509 313 560 294 477 633 5,213 567 62 676 677 285 440 400 769 573 7,336 731 71317 591 83 and 432 5,152 under 490 551 173 713 1,11518 888 8,354 871 101 106 59419 636 217 834 36 290 2,583 782 318 10520 120 531 3,517 784 372 787 54 309 11221 413 209 3,626 18 706 34722 71 134 65 86 434 501 3,992 269 17723 178 58 205 427 335 76 31 4,811 488 37724 94 188 325 336 195 443 4,534 407 319 6925-29 488 153 44 9 72 349 450 726 364 292 20430 599 and 249 over 90 72 48 450 706 255 39 423 384 620 3 418Age 2,310 20 Unknown 56 22 1,026 591 150 519 138 449 213 7 75 12 52 16 107 1,015 390 71Totals 787 73 405 351 85 57 71 68 18 178 1,855 155 837 138 51 9 140 920 269 28 188 7 55 167 28 15 299 157 58 220 118 110 103 121 778 611 120 85 46 1,065 17 40 47 37 166 158 306 262 92 310 122 505 1,772 346 68 263 57 145 75 7 3,699 101 470 104 315 243 30 224 41 399 163 300 241 80 80 266 2,555 96 12 319 302 6 401 200 24 586 222 5,545 100 167 94 18 38 51 90 599 82 4,416 63 439 228 328 242 76 55 19 32 28 103 8 114 42 95 24 52 789 835 389 353 19 60 90 55 84 2 156 12 28 57 103 1213 792 77 13 318 3 81 53 126 39 101 3 73 7 1,686 216 50 97 52 58 1,759 23 90 91 110 71 29 203 136 283 2 89 194 89 44 6,451 53 2,748 125 44 234 155 274 152 6,466 208 472 245 63 2,099 9,256 85 4,118 161 60 59 86 36 101 38,139 9,818 89 182 268 15,707 244 223 262 196 282 573 5,983 5,464 53,08 352 16,284 40 53 72 30 10,101 294 1 214 347 176 73 50 456 74 7,801 102 1 1,575 355 13,265 51 155 19 251 234 8 19 44 57 2 87 1,270 92 221 123 157 301 31 39 1,548 3,481 81 177 150 13 37 119 1,806 128 4 4,327 141 164 4,454 97 101 30 128 46 3,735 1,171 65 156 123 1,999 5,536 7,935 162 122 112 120 5,193 728 22 97 71 128 2,371 9,863 179 26 144 107 144 8,928 127 821 132 4,370 20 79 145 64 190 152 54 144 1,070 75 35 177 61 360 106 70 270 89 914 44 37 396 1,059 224 28 129 155 67 29 97 33 1,895 265 71 307 12 84 1,365 12 65 44 49 10 107 231 18 153 159 15 46 57 9 72 42 87 109 20 12 15 475 334 180 46 2 31 128 500 86 567 13 368 136 33 4,984 608 103 23 3 80 3,491 417 4,374 4,872 16 2,791 86 545 9,358 95 33 4,620 57 95 6,282 4,002 18 9,492 76 25 48 3,887 61 36 234 7,889 11 720 14 42 28 327 625 2,439 254 260 6 7 1,345 2,366 271 299 149 4,805 2,274 1,804 6 145 1,869 2,121 1,411 146 4,143 3,925 1,190 86 2,601 1,011 706 1,717

466 Questions— 16 September 2009. Written Answers Total 42 3,085 3,185 29,159 25,305 54,464 Age of all full-time students: undergraduate and postgraduate, at 1 January 2009 Institute of Technology Sector AIT CIT DIT DLIADT DKIT GMIT ITB ITC ITS ITT ITTRA LYIT LIT TI WIT Totals Grand 00301917000000004300001000000061332154 AGEMFMFMFMFMFMFMFMFMFMFMFMFMFMFMFMF 17 and under1819 4220 452122 146 5723 195 194 4024 163 289 471 10025-29 165 332 791 23730 136 and 55 299 over 711 453 684Age Unkown 170 77 617 1036 445 0 531 52 145 1,002 416 90Totals 428 748 80 66 7 162 812 254 179 69 889 158 206 312 158 653 66 251 105 89 756 125 126 1,211 183 149 572 290 286 138 1,819 357 375 69 63 3,940 564 297 267 305 158 95 334 265 209 80 2,521 364 399 378 304 249 119 501 5,836 149 51 50 4,5,73 528 201 272 92 144 293 64 40 58 862 27 319 132 363 140 134 60 89 31 862 86 326 15 80 214 65 170 71 119 1,853 52 83 1,879 193 212 76 37 116 95 265 155 2,794 119 50 145 256 268 50 243 251 2,026 69 32 106 104 310 192 224 318 269 694 233 44 87 233 25 77 255 324 106 545 226 42 148 37 187 1,675 347 253 109 14 249 22 111 51 1,322 54 146 237 163 183 272 1,679 115 88 12 174 107 1759 150 35 158 153 200 161 55 63 93 1266 129 130 146 103 105 111 26 122 65 787 37 167 168 175 140 106 66 26 116 909 171 71 148 55 225 153 56 1,091 74 55 63 365 193 385 1,073 136 60 58 36 1,213 211 93 51 323 36 279 155 33 45 2,092 113 283 112 21 65 60 324 1,581 35 164 49 17 125 263 190 20 17 82 38 16 156 49 33 1 99 365 210 13 15 519 153 3 34 38 100 377 142 511 565 135 18 3,901 3 5,280 51 139 38 572 11 132 444 2,990 4,274 4,831 113 6,891 89 92 32 9,554 504 44 4,503 8 4,202 28 9,334 56 76 59 274 36 4,004 806 8,206 18 319 44 287 6 553 2,716 339 300 1,359 2,474 9 7 2,263 275 5,190 2,505 2,657 135 4 4,768 2,004 135 4,661 116 1,468 1,209 81 2,677 1,002 768 1,770

467 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

Enrolments in Full-Time Courses for the 2006/2007 Academic Year

National Framework Qualification 6 to 10

Year of Birth Males Females

16 3 2 17 701 657 18 3,673 3,172 19 5,375 4,888 20 4,952 4,743 21 3,857 4,022 22 2,618 2,615 23 1,498 1,263 24 1,023 754 25 689 498 26 508 427 27 384 333 28 283 248 29 224 187 30 155 165 31 147 139 32 142 114 33 91 114 34 90 85 35+ 335 384 40+ 256 373 45+ 108 240 50+ 138 204 1940 or earlier 4 6

Totals 27,254 25,633

Full time Students

Institute Year Student Numbers

ATHLONE 00/01 3,131 01/02 3,440 02/03 3,595 03/04 3,645 04/05 3,532 05/06 3,556

BLANCHARDSTOWN 00/01 478 01/02 635 02/03 856 03/04 1,024 04/05 1,087 05/06 1,094

468 Questions— 16 September 2009. Written Answers

Institute Year Student Numbers

CARLOW 00/01 2,577 01/02 2,536 02/03 2,505 03/04 2,470 04/05 2,484 05/06 2,710

CORK 00/01 5,615 01/02 6,038 02/03 6,115 03/04 6,160 04/05 6,228 05/06 6,053

D.I.T. 00/01 9,893 01/02 9,927 02/03 10,124 03/04 10,505 04/05 10,707 05/06 10,286

DUNDALK 00/01 2,357 01/02 2,590 02/03 2,637 03/04 3,072 04/05 3,097 05/06 3,215

DUN LAOGHAIRE 00/01 915 01/02 1,120 02/03 1,235 03/04 1,367 04/05 1,423 05/06 1,471

GALWAY/MAYO 00/01 4,462 01/02 4,551 02/03 4,610 03/04 4,895 04/05 4,774 05/06 4,654

LETTERKENNY 00/01 1,951 01/02 1,919 02/03 1,913 03/04 2,071 04/05 1,842 05/06 2,030

LIMERICK 00/01 3,436 01/02 3,464 02/03 3,602 03/04 3,639 04/05 3,627 05/06 3,860

469 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] Institute Year Student Numbers

SLIGO 00/01 3,021 01/02 3,339 02/03 3,485 03/04 3,385 04/05 3,537 05/06 3,754

TALLAGHT 00/01 2,344 01/02 2,220 02/03 2,427 03/04 2,387 04/05 2,285 05/06 2,016

TRALEE 00/01 2,145 01/02 2,320 02/03 2,335 03/04 2,463 04/05 2,324 05/06 2,262

T.R.B.D.I. 00/01 228 01/02 302 02/03 354 03/04 387 04/05 361 05/06 379

WATERFORD 00/01 5,443 01/02 5,438 02/03 5,614 03/04 5,849 04/05 5,541 05/06 5,785

KILLYBEGS 00/01 0 01/02 0 02/03 0 03/04 0 04/05 0 05/06 36

GRAND TOTAL 00/01 47,996 01/02 49,839 02/03 51,407 03/04 53,319 04/05 52,849 05/06 53,161

Higher Education Grants. 1137. Deputy John Deasy asked the Minister for Education and Science the amount allocated to his Department for the third level maintenance grants scheme in County Waterford for 2007, 2008 and 2009; the number of students in receipt of such grants for 2009, itemised as full, 25%, 50% or 75% recipients; and if he will make a statement on the matter. [30101/09] 470 Questions— 16 September 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The information requested by the Deputy is not immediately available in my Department. However, the information is being compiled from the records maintained in my Department and in so far as it is available in the format requested, the information will be issued directly to the Deputy as soon as possible.

Post-Leaving Certificate Courses. 1138. Deputy Andrew Doyle asked the Minister for Education and Science the action he will take to address the impact of the cap on student intake in post leaving certificate colleges on the students who will have to be turned away from these colleges due to this cap; and if he will make a statement on the matter. [30142/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): An additional 1,500 PLC places were allocated to VECs and other providers in 2009, bringing the total number of approved PLC places to 31,688. This is another step in expanding opportunities and broadening access to further education so that people can enhance their employment skills. The number of approved PLC places must have regard to the continuing requirement to plan and control numbers and to manage expenditure within the context of overall educational policy and provision.

Pupil-Teacher Ratio. 1139. Deputy Terence Flanagan asked the Minister for Education and Science his views on the pupil teacher ratio at a school (details supplied) in Dublin 13; and if he will make a statement on the matter. [30149/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The budget measures will impact on individual schools in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes. In terms of the position at individual school level the key factor for determining the level of resources provided by my Department is the pupil enrolment at 30 September 2008. While the staffing schedule allocates on the basis of an average number of pupils each individual school decides on how to arrange its classes. Combined classes are a feature of the majority of schools in the country and this arrangement has no adverse implications for the quality of the education children receive. In terms of class sizes 80% of primary pupils were in classes of less than 30 pupils during the last school year. With over 20,000 individual classes spread across all schools throughout the country there will inevitably be differences in individual class sizes. Some schools can have class sizes of greater than 28 but this is often because of a local decision by a school to use its teaching resources in order to have smaller numbers in other classes. Where it is possible, I believe that principals should consider the benefits of having smaller multi-grade classes as against having particularly large differences in class sizes at different levels in the school. In general, the view of my Department is that, where combined classes are formed, mixed-ability classes are preferable and my Department recommends random selection as a fair and educationally sound approach to the assignment of pupils to such classes. It is open to any Board of Management to submit an appeal under certain criteria to an independent Appeal Board which was originally established to adjudicate on appeals on mainstream staffing allocations in primary schools. Details of the criteria for appeal of mainstream staffing are contained in the staffing schedule, Circular 0002/2009 which is available on my Department’s website.

471 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] The Appeal Board operates independently of the Department and its decision is final.

School Staffing. 1140. Deputy Terence Flanagan asked the Minister for Education and Science if he will respond to a query regarding a school (details supplied) in Dublin 5; and if he will make a statement on the matter. [30153/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Information on the teacher allocations to second level schools including Chanel College, whether enrolment related or otherwise, are currently available on my Department’s website. Teacher allocations to all second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. In accordance with these rules each school management authority is required to organise its subject options within the limit of its approved teacher allocation. The deployment of teaching staff in the school, the range of subjects offered and ultimately the quality of teaching and learning are in the first instance a matter for the school management authorities. I have always accepted and acknowledged that the decision in the Budget last October to increase the pupil teacher ratio across all second-level schools will have an impact on teacher numbers, class sizes and subject choices in our post-primary schools from the commencement of the 2009/10 school year. At the level of individual schools, the changes in relation to the allocation of teaching posts will impact in different ways depending on whether enrolment is rising or declining and the degree to which any one school has more teachers than it is entitled to under the allocation processes. I undertook to publish information in relation to the allocation of teachers to schools and this was done during the summer months. This information identifies the changed position for second level schools and VECs arising from the October budget decisions. The information represents the position at the time of publication and is not the final position. At this point, allocations for posts such as special needs, language support and enrolment increases are still in progress as enrolments are being confirmed by schools. The information will be further updated later in the year when final allocations are determined and the final position regarding supernumerary posts remaining in schools emerges.

Schools Building Projects. 1141. Deputy Paul Gogarty asked the Minister for Education and Science the criteria used to assess the urgency of need for primary schools in need of new buildings and refurbishment; the way a school (details supplied) in Dublin 22 compares to other schools in this regard; if his attention has been drawn to the fact that a classroom is closed at the school; the work that has been done to ensure progress in providing a new school building in a timely manner; and if he will make a statement on the matter. [30154/09]

Minister for Education and Science (Deputy Batt O’Keeffe): All applications for large scale capital funding are assessed in my Department. As part of this process, a proposed project is assigned a band rating under published prioritisation criteria. These criteria were devised following consultation with the Education Partners. Details are available on my Department’s website www.education.ie. Projects are selected for inclusion in the School Building and Modernisation Programme on the basis of priority of need and as they are ready to proceed. This is reflected in the band rating assigned to a project.

472 Questions— 16 September 2009. Written Answers

It is the intention of my Department to provide the school to which the Deputy refers with a new building. In this regard, agreement has been reached to provide the new building on a V.E.C. owned site. The progression of all large scale building projects, including the project in question, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. In this regard, the position with all applications for large scale capital funding is also available on my Depart- ment’s website. In the meantime, I am pleased to be able to inform the Deputy that, over the Summer months, my Department replaced all of the existing accommodation at the school to which he refers and it is now operating from its new accommodation since the beginning of the new school year.

1142. Deputy Paul Gogarty asked the Minister for Education and Science the progress made since refurbishment and extension works at a school (details supplied) in Dublin 20 were re- tendered in January 2009; the number of companies which have applied for the work; when builders will be on site; and if he will make a statement on the matter. [30155/09]

1151. Deputy Paul Gogarty asked the Minister for Education and Science if he will clarify that the re-tendering process for a school (details supplied) is on track and the school will expect to progress to the next stage once the tendering process is concluded; and if he will make a statement on the matter. [30195/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1142 and 1151 together. The school to which the Deputy refers was one of ten projects announced in January 2009 to be re-tendered. In order to prepare for tender and to comply with the new form of Govern- ment contract, the project was required to submit a new Stage 2b (detailed design). Following the receipt and clearance of the Stage 2b submission, the project was authorised to go tender in June and a tender report was received by the Department in late August. The Department wrote to the school in early September with its comments on the Tender Report and has requested that a revised Tender Report be submitted. When the revised Tender Report is received and assessed the project will be considered for progression to the next stage i.e. the award stage.

1143. Deputy Michael Creed asked the Minister for Education and Science if his Department has received a request from a school (details supplied) in County Cork for the provision of new classrooms, playground improvements and a physical education hall; the position regarding this application; if funding will be provided for these works in 2009; and if he will make a statement on the matter. [30159/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department received an application from the school to which the Deputy refers for a GP room and ancillary accommodation. The application has been assessed and assigned a band rating of 3.4. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of the Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

473 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

A further application was received for 2 mainstream classrooms and 1 language support room. My Department approved a devolved grant for 2 mainstream classrooms for the purchase of prefabs or the building of the additional accommodation required. The Board of Management decided to build a permanent structure and in April 2009 School Planning and Building Unit issued 70% of the Departments liability for that project as the works had commenced.

1144. Deputy Michael D’Arcy asked the Minister for Education and Science the price awarded to Wexford County Council for the parcel of land purchased by his Department in Gorey, County Wexford in 2008; the cost to build the two primary schools on the same site in 2008; the cost to extend a school (details supplied) in 2009; the estimated cost for the second post primary school to be constructed on the site purchased from Wexford County Council. [30162/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department paid just over \10m to Wexford County Council in 2008 for the purchase of approx 18 acres of lands for school building purposes. Two eight classroom primary schools were built on the site in time for September 2008 opening. The cost to construct the two schools was approximately \5m. Due to commercial sensitivities, it is my Department’s policy not to reveal financial details of recent construction contracts, such as the contract placed earlier this year for the construction of Phase 2 of the school referred to by the Deputy. Phase 2 of the project, which consists of a further 8 classrooms, a General Purpose hall, a Special Needs Unit and other ancillary accommodation, is due to be completed by the end of next month. Similarly, I am not in a position to reveal the estimated cost for the post-primary school planned for the site in question.

School Accommodation. 1145. Deputy Michael D’Arcy asked the Minister for Education and Science the number of primary schools per county allocated funding under the devolved classroom grant in 2007, 2008 and 2009. [30184/09]

1146. Deputy Michael D’Arcy asked the Minister for Education and Science the number of primary schools which received the devolved grant, in the expectation their numbers were to increase but did not, and the newly constructed classroom is not being used. [30185/09]

1147. Deputy Michael D’Arcy asked the Minister for Education and Science the schools per county which have a newly built classroom but which do not have sufficient numbers for an extra teacher. [30186/09]

1148. Deputy Michael D’Arcy asked the Minister for Education and Science the cost to his Department for the past three years for the construction of classrooms which were built but are not occupied due to lack of numbers. [30187/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1145 to 1148, inclusive, together. When a school applies for a capital grant for a major building project, such as a new school or a significant extension, its accommodation needs are assessed by my Department by reference to the school’s long term projected enrolment and staffing.

474 Questions— 16 September 2009. Written Answers

Additional school accommodation may also be sanctioned to allow for the replacement of old prefabricated units, to free up ancillary accommodation such as GP rooms etc that are being used on a temporary basis to accommodate additional teachers and pupils, to provide for pupils with special needs and to ensure that schools have adequate accommodation to implement the primary school curriculum. In 2008, in the areas identified by my Department as most urgently in need of accommodation for additional Junior Infant streams, the “Rapid Delivery” programme constructed new 8 or 16 classroom schools in time to allow the increased numbers to be accommodated in permanent accommodation from the outset. These new schools were planned and built both to provide immediate capacity and to provide for future needs. As expected, these schools are filling up incrementally and will continue to do so over the next few years until the school is full. My Department is currently reviewing all these areas to assess if and when these new schools require to be extended to ensure capacity continues to meet demand into the future. Details of the number of primary schools by county approved for devolved funding for the provision of additional classroom/resource rooms are given in the following tabular statement. The detail regarding the PAS refers to the approvals given in 2007. There were no new calls for PAS applications in 2008 or 2009. Statistics recently released by the Central Statistics Office show that the number of births recorded in the State in 2008 was in excess of 75,000, the highest annual number of births since 1896. As the birth rate rises and remains high, the need to provide additional primary school accommodation will continue. My Department does not ask schools to provide information on the use of each individual classroom on an annual basis. Indeed, schools will in many cases only be deciding now how classrooms will be used as developing area posts and other resources such as English language support teachers and any additional teaching resources for children with special educational needs are finalised. I am sure that all available space in schools is put to good use by school management and teachers.

Permanent Accommodation Scheme — 2007 approvals

County No. of Schools

Carlow 3 Cavan 6 Clare 1 Co. Cork 9 Donegal 2 Dublin 15 Galway 5 Kerry 1 Kildare 10 Kilkenny 4 Laois 2 Leitrim 2 Limerick 2 Longford 4 Louth 8 Mayo 6 Meath 4

475 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] County No. of Schools

Monaghan 3 Offaly 4 Roscommon 1 Sligo 3 Tipperary 4 Waterford 2 Westmeath 1 Wexford 11 Wicklow 4

No new Permanent Accommodation Scheme in 2008 or 2009.

Prefab Purchases with option for permanent provision 2008/2009

County No. of Schools

Carlow 7 Cavan 15 Clare 18 Cork 62 Donegal 20 Dublin 43 Galway 38 Kerry 15 Kildare 22 Kilkenny 10 Laois 17 Leitrim 3 Limerick 12 Longford 5 Louth 10 Mayo 18 Meath 27 Monaghan 4 Offaly 9 Roscommon 6 Sligo 6 Tipperary 17 Waterford 9 Westmeath 12 Wexford 15 Wicklow 11

Schools Building Projects. 1149. Deputy Bernard Allen asked the Minister for Education and Science when the porto- cabins at a school (details supplied) in County Cork will be replaced by a permanent structure 476 Questions— 16 September 2009. Written Answers for reasons already outlined to his Department by the board of management of the school. [30191/09]

1242. Deputy Sea´n Sherlock asked the Minister for Education and Science the current status of an application for funding for a new school by a school (details supplied) in County Cork; if he will clarify if there is a devolved grant or mechanism by which the new school can be funded; and if he will make a statement on the matter. [31239/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1149 and 1242 together. The project to which the Deputies refer is currently at an advanced stage of architectural planning. This is a major capital project. My Departments devolved grant schemes are intended to address smaller projects. The progression of all large scale building projects, including this project, from initial design stage through to construction is dependent on the prioritisation of competing demands on the funding available under my Department’s capital budget. The proposed building project for this school will continue to be considered in the context of my Department’s multi-annual School Building and Modernisation Programme for 2010 and subsequent years.

Site Acquisitions. 1150. Deputy Paul Gogarty asked the Minister for Education and Science the position regarding the efforts by a school (details supplied) to obtain the adjacent site, which involved discussions between him and the vocational education committee; if the site is ready for the planning process, subject to tender approval by him; if he will clarify that recent announcements of refurbishment funding for the school in no way compromise the need for a new school to be built; and if he will make a statement on the matter. [30194/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department previously met with County Dublin Vocational Committee to discuss the matter of a site for the school and County Dublin VEC have agreed to dispose of the site adjacent to the existing school site to the Department under the terms of a 99 year lease. The Department has recently received the legal documents in question from the VEC and has instructed the CSSO to progress the matter. In light of current and competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Question No. 1151 answered with Question No. 1142.

School Staffing. 1152. Deputy Paul Gogarty asked the Minister for Education and Science if he will report on staffing appointments at a school (details supplied); and if he will make a statement on the matter. [30197/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school referred to by the Deputy is administered by County Dublin VEC. The recruitment and appointment of teachers to fill teaching vacancies that arise in the Vocational Education Committee (VEC) sector is a matter for the Co. Dublin VEC.

477 Questions— 16 September 2009. Written Answers

Site Acquisitions. 1153. Deputy Paul Gogarty asked the Minister for Education and Science if he will report on plans to progress the site for a second level community school at Clonburris, located between Lucan and Clondalkin, County Dublin; and if he will make a statement on the matter. [30198/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Based on current demographic trends my Department anticipates that there will be a need for a further post-primary school in the Lucan area in the medium term. Officials from the Department have carried out a technical inspection of the various site options identified by South Dublin County Council and will revert to the local authority regarding its preferred option shortly.

Departmental Expenditure. 1154. Deputy Paul Gogarty asked the Minister for Education and Science the estimated cost of implementing the remainder of the Education for Persons with Special Educational Needs Act 2004 in full; and if he will make a statement on the matter. [30206/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As required under the Edu- cation for Persons with Special Educational Needs (EPSEN) Act, the National Council for Special Education (NCSE) provided a report making recommendations regarding the implementation of the Act which suggested additional investment over a period of years of up to \235m per annum across the education and health sectors. Having considered the NCSE report, and consulted with the education partners, the Department of Health and Children and the HSE, my Department identified a range of options for the implementation of EPSEN. It is not possible to give exact figures regarding cost as the specific amount of money required to support implementation would depend on the options chosen and the timeframe for the implementation of these options. However, my Department’s opinion is that the level of investment required would be greater than that envisaged in the NCSE report. In the light of the current financial circumstances, it is therefore not possible to proceed with full implementation in 2010 as originally envisaged. However, the Government will keep the matter under review and is committed to the full implementation of EPSEN at the earliest possible date. I want to reiterate that children with special educational needs will continue to receive an education appropriate to their needs. The NCSE will continue to support schools, parents and children, and teachers and special needs assistants will continue to be deployed to schools in line with my Department’s policies.

Departmental Reviews. 1155. Deputy Ruairı´ Quinn asked the Minister for Education and Science further to Parliamentary Question No. 40 of 2 July 2009, the findings and recommendations of the review; and if he will make a statement on the matter. [30208/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Review referred to by the Deputy is not yet completed and every effort is being made to conclude matters at an early date. I will inform the Deputy of the outcome of the review when finalised.

Proposed Legislation. 1156. Deputy Ruairı´ Quinn asked the Minister for Education and Science when he expects

478 Questions— 16 September 2009. Written Answers the Committee Stage of the Student Support Bill 2008 to be taken; and if he will make a statement on the matter. [30209/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that a number of amendments to the Student Support Bill in relation to legal and policy issues which have arisen since Second Stage are being advanced by my Department in close consultation with the Office of the Attorney General. The Bill makes provision for the transfer of responsibility for student grants to the VEC sector. In the existing budgetary situation, resources are not currently available to advance transition to new administrative arrangements in the immediate future. However, it is not possible to say definitively at this point when new administrative arrangements can be put in place and I am anxious, in light of the commitment to put all student grants on a statutory footing, to provide a statutory basis for all student grants for the intervening period. Therefore, I am endeavouring to progress to a single scheme of grants as provided for in the Bill at the earliest possible date, while further exploring the options for administrative streamlining in the context of budgetary considerations and the Government’s overall programme of public service reform, Transforming Public Services. This will require further amendments to the Bill and my Department has been working closely with the Office of the Attorney General in that regard. Subject to any technical, drafting and legal considerations arising, I hope to be in a position to have these amendments advanced sufficiently in order to progress to Committee Stage in the autumn session.

School Patronage. 1157. Deputy Ruairı´ Quinn asked the Minister for Education and Science when he expects to publish the legislation which will enable the two community national schools to operate under the patronage of vocational education committees; and if he will make a statement on the matter. [30210/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Government approved the scheme of the Education (Patronage) Bill 2009 on 23rd June 2009. The scheme of Bill has been referred to the Office of the Parliamentary Counsel to the Government for drafting and it is expected that the Bill will be published during this autumn session. Pending enactment of the Bill, I as Minister for Education and Science, am acting for the interim period as Patron of Scoil Choilm and Scoil Ghra´inne.

Third Level Fees. 1158. Deputy Ruairı´ Quinn asked the Minister for Education and Science if he will publish the review of policy options he presented to the Government in relation to third level fees; if a decision has been made on the introduction of third level fees; and if he will make a statement on the matter. [30211/09] 1246. Deputy Michael D’Arcy asked the Minister for Education and Science his views on low interest rate student loan facility to accommodate the expected reintroduction of third level fees; and if he will make a statement on the matter. [31252/09]

1246. Deputy Michael D’Arcy asked the Minister for Education and Science his views on a low interest rate student loan facility to accommodate the expected reintroduction of third level fees; and if he will make a statement on the matter. [31252/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions 1158 and 1246 together.

479 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

As the Deputies will be aware I presented the technical report in relation to the introduction of a form of student contribution to my Cabinet colleagues recently. This report sets out the various options available which looks at available models and draws on experience with other systems that operate internationally. The report is intended to allow for an informed examination of the issue — including existing international experience, the revenue impact of potential approaches, costs, affordability, value for money for the taxpayer, associated implementation issues and policy issues that arise in the Irish context. I do not intend publishing the report in advance of Government consideration of the matter.

School Patronage. 1159. Deputy Ruairı´ Quinn asked the Minister for Education and Science the number of individual patrons across all the schools here; if he will clarify if, with regard to Catholic and Protestant schools, patronage is assigned to individual bishops or to the church collectively; and if he will make a statement on the matter. [30212/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I should explain that Section 8 of the 1998 Education Act sets out the position in relation to primary and post-primary school patronage. At primary level the vast majority of schools are under the patronage of their local diocese or bodies such as Educate Together or an Foras Patrunachta and currently some small involvement by the State. At post-primary level the vast majority of schools are under the patronage of the local diocese, religious orders and the state sector. I am arranging to forward to the deputy a list of schools setting out the name and address of the school, the school roll number and details of the Patron of each school.

1160. Deputy Ruairı´ Quinn asked the Minister for Education and Science if he will request each patron of every school here to supply details of all properties they own in their capacity as patron and to provide the roll number and address of said properties; and if he will make a statement on the matter. [30213/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Arrangements are being made to conduct a survey of accommodation at primary and post-primary level and this will establish the position relating to the extent of all accommodation. The specifications for this inventory are being drafted and it is intended that the ownership details sought by the Deputy will be included.

Higher Education Grants. 1161. Deputy Mattie McGrath asked the Minister for Education and Science the reason for the late publication of the qualifying conditions for maintenance grants to the vocational education committees; and if he will make a statement on the matter. [30215/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The four student grant schemes, administered by the Local Authorities and the Vocational Education Committees on behalf of my Department, which offer financial assistance to eligible students attending approved Post leaving certificate and third level courses, issued on the 27th July 2009. Increases in the income thresholds for the grant schemes are considered in the context of movements in average industrial earnings. Due to the impact of the current difficulties on

480 Questions— 16 September 2009. Written Answers employers generally, the data on average industrial earnings became available significantly later in 2009 than in previous years.

1162. Deputy Mattie McGrath asked the Minister for Education and Science the reason the means testing for maintenance grants is solely based on gross income and does not take into account the household, mortgage and child care expenses; and if he will make a statement on the matter. [30216/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The assessment of means under my Department’s student maintenance grant schemes is based on gross income from all sources. Therefore, all income is assessed from the same starting point, eliminating any distortion which might arise from different spending decisions. The income thresholds are also stated on a gross income basis — the average industrial wage by reference to which the thresholds are calculated represents gross pay before any deductions for income tax or PRSI. I have no plans at present to depart from the above practice in respect of the determination of income.

Vocational Training Opportunities Scheme. 1163. Deputy Mattie McGrath asked the Minister for Education and Science the reason the criteria for vocational training opportunities scheme exclude stay at home parents who are not in receipt of social welfare payments as they chose to stay at home to raise their families; and if he will make a statement on the matter. [30217/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The Vocational Training Opportunities Scheme (VTOS) referred to by the Deputy is a full-time second chance education initiative designed specifically for unemployed persons over 21 years of age. Its primary target groups are the longer-term unemployed, the low-skilled and the disadvantaged. My Department provides funding for other full-time and part-time learning opportunities for adults. These include the Post Leaving Certificate (PLC) programme which is a full time option for learners who have completed their Leaving Certificate or adults who wish to return to education. The Back to Education Initiative (BTEI) is a part-time option targeted at adults with less than upper second level qualifications who wish to combine a return to learning with family, work or other responsibilities. There are also a wide range of other courses available under the Adult Literacy and Community Education schemes. Learners who wish to participate in any further or adult education programme should contact their local VEC.

Early Retirement Scheme. 1164. Deputy Ruairı´ Quinn asked the Minister for Education and Science the reason the public service early retirement schemes were not extended to the higher education sector; if the Universities Act 1997 precluded same from happening; the way the Higher Education Authority is able to impose a recruitment moratorium on the sector; and if he will make a statement on the matter. [30222/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Incentivised Scheme of Early Retirement has been made available to staff in the higher education sector. Full details of how the scheme would apply in the higher education sector were issued in July last to bodies in the sector. The closing date for applications under the scheme has since been extended to

481 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] Friday 16th October 2009. Accordingly, any employees who are 50 years of age by 16th October 2009 are now eligible to apply under this extension provided they fulfil the other criteria outlined in the scheme. As the Deputy is aware, the purpose of the moratorium arrangements is to facilitate a permanent, structural reduction in the numbers of staff serving in the public sector and is intended to contribute significant and ongoing savings to the Exchequer. In applying this moratorium generally, teaching and research activities in the education sector have been afforded significant exemptions relative to other areas of public expenditure. Nonetheless, the Deputy will appreciate that the sector has to contribute towards overall public sector numbers reductions. In the area of higher education, the Government agreed that an employment control framework be developed to provide for the application of the moratorium arrangements to higher education institutions, subject to the continued oversight of both my Department and the Department of Finance. This framework allows flexibility around recruitment into posts that are considered essential to maintaining core teaching and research activities, subject to an overall ceiling on numbers employed. The Government is anxious to work with the publicly funded higher education institutions in achieving necessary reductions in public expenditure within the sector as an essential part of overall budgetary strategy. The employment control framework aims to enable this while providing sufficient flexibility for the protection of frontline teaching and research activities.

Residential Institutions Redress Board. 1165. Deputy Ruairı´ Quinn asked the Minister for Education and Science the progress made with regard to negotiating a new contribution by the 18 religious teaching orders who signed the 2002 indemnity which limited their exposure to the costs of the Residential Institutions Redress Board; the breakdown of any new agreement signed; if he will provide an account of all meetings held between his Department and the religious teaching orders; and if he will make a statement on the matter. [30230/09]

1201. Deputy Alan Shatter asked the Minister for Education and Science the position regarding the disclosure by religious orders and congregations of their assets and financial resources; the further position regarding the making of further contributions by them to both the redress board compensation fund and for the provision of additional assistance to the victims of abuse in residential institutions; the progress which has been made in the talks involving the orders and congregations; and the new arrangements he expects to be made on the completion of these talks. [30752/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1165 and 1201 together. The Deputies will be aware that the Taoiseach and relevant Ministers, including myself, met representatives of the religious congregations on 4th and 24th June last. At the meeting on 4th June, the Taoiseach conveyed the views of the Government and this House, that further substantial contributions are required by way of reparation and that these contributions need to be capable of being assessed by the public for their significance by reference to the full resources available to the congregations and in the context of the costs of well over a billion euro incurred by the State. At the subsequent meeting on 24th June, the congregations reported on the progress they had made in compiling reports on their financial positions. The Taoiseach indicated that the Government would appoint a panel of three independent persons to assess the material submit-

482 Questions— 16 September 2009. Written Answers ted by the congregations and report to Government as to the adequacy of these statements as a basis for assessing the resources of the congregations. Two representatives of religious congregations, at their request, met officials of the Taoiseach’s Department and mine on 7 July to discuss the structure of the statement of resources required. The officials indicated that these should be comprehensive as to all categories of assets and liabilities and, in the case of properties, should specify the basis of valuation. The appointment of the three person panel by the Government to examine these statements was announced on 28th July. The members of the Panel are (Chair) Mr. Frank Daly, former Chairman of the Revenue Commissioners; Ms Catherine Treacy, Chief Executive of the Prop- erty Registration Authority; and Mr. John Donnelly, former Chairman of Deloitte and Touche, Chartered Accountants. All of the congregations have submitted their statements. I understand that the Panel is well advanced in its work and expects to be in a position to report before the end of October. In its statement announcing the membership of the Panel, the Government indicated that while the Panel is carrying out its work, it expected that the congregations would be working to produce an offer of a substantial contribution by way of reparation for the suffering of children in residential institutions. The statement was circulated to the leaders of all the congregations and their attention was specifically drawn to this aspect of it.

Tax Code. 1166. Deputy Caoimhghı´nO´ Caola´in asked the Minister for Education and Science if it is the case that tax relief is available to students attending a course at one college but not available to students attending another (details supplied); and if so, the reason for the distinction. [30276/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The course referred to by the Deputy is not an approved course for tax relief purposes under Section 473A, Taxes Consoli- dation Act, 1997 in either of the colleges referred to by the Deputy.

Psychological Service. 1167. Deputy Brian Hayes asked the Minister for Education and Science the number of primary and post-primary schools covered by the National Education Psychological Service on a county basis; and if he will make a statement on the matter. [30281/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that all primary and post primary schools have access to psychological assessments either directly through my Department’s National Educational Psychological Service (NEPS) or through the Scheme for Commissioning Psychological Assessments (SCPA) which is administered by NEPS. I can inform the Deputy that my Department and the Public Appointments Service (PAS) is currently actively engaging with some thirteen prospective recruits to the National Educational Psychological Service for assignment in the immediate future (four by the end of October). When employed these staff will undergo the normal work shadowing, induction and assignment to a complement of schools. It is intended that NEPS will assess the effect of the assignment of these new staff, in the context of national coverage, at the end of the first term of 2008/09, at which time an up- to–date county by county breakdown will be forwarded to the Deputy. I attach for the Deputies information a copy of that breakdown for the previous academic year.

483 Questions— 16 September 2009. Written Answers

Special Educational Needs. 1168. Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 9. [30283/09]

School Transport. 1169. Deputy Dan Neville asked the Minister for Education and Science if he will make a statement on a matter (details supplied) regarding the school transport scheme; his views on whether the increase in the cost of school transport in budget 2009 is putting a financial burden on families; and his further views on altering this policy. [30299/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): I should explain that one of the main objects of the School Transport Scheme is to provide a basic level of service for children who live long distances from school and who might otherwise experience difficulty in attending regularly. Bus E´ ireann is responsible for the day to day operation of school transport services throughout the country. This is a complex national operation operating during each school year supporting in the region of 75,000 post primary pupils, 52,000 primary and 8,000 special needs pupils. The majority of pupils are allocated a reserved seat on a dedicated contracted service with approximately 9,000 pupils, generally residing in urban areas and environs, using regular public transport services where these exist. A separate payment is made by the Department in respect of those pupils travelling on such regular transport services. Given the numbers being transported, it would not be possible without incurring additional expenditure to offer the flexibility to all eligible pupils to travel on the regular public transport services at another time of the day. In relation to the Deputy’s reference to school transport costs I can advise that the overall cost of services will be in the region of \194 million for 2009. This represents a significant increase of over \84 million (over 76%) since 2004, up from \109.8 million. I wish to point out that, despite the escalating costs of the service, charges for school transport had not been increased from 1998 until the third school term in the 2007/08 school year. A further increase was put in place at the start of the 2008/09 school year and the new charges come into effect from September 2009. The total contribution of charges from parents in 2009 will still only represent about 8.6% of the overall expenditure for school transport. In the overall context and in order to minimise the overall effects, charge increases have been confined to the eligible post-primary and children availing of concessionary transport. Eligible children attending primary schools and children with special needs will still travel free. Charges continue to be waived in the case of eligible post-primary children where the family is in possession of a valid medical card.

484 Questions— 16 September 2009. Written Answers

A maximum family rate of \650 will also be applied. Parents have also been given the option of spreading the amount due over two payments payable in July and December 2009. While I appreciate the Deputy’s concerns, given the factors that I have outlined, it is not envisaged that there will be a change in the payment arrangements as outlined above.

Vocational Training Opportunities Scheme. 1170. Deputy Finian McGrath asked the Minister for Education and Science if the case of a person (details supplied) in Dublin 3 will be supported. [30320/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Applicants for places on the course referred to by the Deputy must meet the eligibility criteria established for this initiative, that is they must have a claim for Jobseekers Allowance/Benefit of at least six months duration or have been made statutorily redundant. Individuals applicants should address any queries in relation to their eligibility to the participating institutions.

Vocational Education. 1171. Deputy Dan Neville asked the Minister for Education and Science if he will provide the funding to re-open a blacksmith school similar to the school that operated in Belmullet, County Mayo. [30323/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department has no role to play in relation to funding the institution concerned. I understand that the Blacksmithing School in Belmullet was part funded by the Crafts Council, which is funded by the Department of Enterprise, Trade and Employment. I have been informed by that Department that the Crafts Council met with a number of stakeholders in Belmullet in July and the recommendation was for a detailed Feasibility Study to be submitted to the Crafts Council. I understand that no such Study has yet been received.

Special Educational Needs. 1172. Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 9. [30330/09]

School Transport. 1173. Deputy Dan Neville asked the Minister for Education and Science if the amalgamation rule will be changed by his Department to allow the re organisation of school transport for a school (details supplied) in County Limerick. [30335/09]

485 Questions— 16 September 2009. Written Answers

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The Deputy will be aware that the pupils from the area referred to, in the details supplied, reside in a closed school area. Under the terms of the primary school transport scheme are eligible for transport to the school of amalgamation. The closed school rule is one of the issues being examined as part of the School Transport Value for Money Review currently under way and is due to be completed by the end of 2009. As things stand, the children referred to by the Deputy can apply for concessionary transport to the school in question. Such concessionary transport is subject to a number of conditions including the availability of spare seats on the services on a “first come first served” basis and an annual charge of \200. Bus E´ ireann, which operates the School Transport Scheme on behalf of my Department, has advised that the existing service is operating to capacity. Parents/guardians of the pupils concerned should continue to liaise with Bus E´ ireann regarding the future availability of spare seats. The designation of specific school bus pick-up points is an operational matter for Bus E´ ireann and the concerns of the Deputy have been forwarded to Bus E´ ireann for their attention. I should say, however, that parents and guardians also have to play their part in ensuring that children are brought to and collected safely from relevant pick up points along the route of a service.

Schools Building Projects. 1174. Deputy Ruairı´ Quinn asked the Minister for Education and Science the position regarding the school building projects at schools (details supplied) in County Wexford; when these building projects will commence; and if he will make a statement on the matter. [30375/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that the first school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Infor- mation in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. I am pleased to inform the Deputy that an extension project was recently completed at the second school to which he refers under my Department’s Permanent Accommodation Scheme. This extension provided 6 additional classrooms and a Special Education Needs Suite. Funding was also provided for access corridors and for the upgrade of toilet facilities at the school.

School Staffing. 1175. Deputy Ruairı´ Quinn asked the Minister for Education and Science if he will clarify

486 Questions— 16 September 2009. Written Answers the person who is responsible for certifying that a person (details supplied), a teacher from another EU country, has worked in a school in Dublin 4; if the Teaching Council is the appropriate body to certify the employment history of individual teachers; and if he will make a statement on the matter. [30378/09]

Minister for Education and Science (Deputy Batt O’Keeffe): While the Teaching Council has responsibility for the registration of teachers and may collect data from registered teachers in relation to their current employment, it has no role in certifying the employment history of teachers. It appears that the individual that the Deputy refers to was employed in a post that was neither funded nor recognised by my Department. Unfortunately therefore my Depart- ment is not in a position to make any statement regarding the employment in question.

Departmental Expenditure. 1176. Deputy Charles Flanagan asked the Minister for Education and Science the amount he has paid or will pay out for rental on prefabricated units for post-primary schools in County Laois during the period 1 June to 31 August 2009; and if he will make a statement on the matter. [30474/09]

Minister for Education and Science (Deputy Batt O’Keeffe): According to my Department’s records, only one post-primary school received rental grant-aid for the period 1st June to 31st August, 2009 in Co. Laois. The amount paid for this period was \31,432. This school ceased renting temporary prefabricated accommodation on 31st August, 2009. Currently there are no post-primary schools renting temporary accommodation in Co. Laois.

1177. Deputy Charles Flanagan asked the Minister for Education and Science the amount he has paid out or will pay out for rental on prefabricated units for primary schools in County Laois during the period 1 July to 31 August 2009; and if he will make a statement on the matter. [30475/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department grant aids school authorities for appropriate costs associated with rental of temporary accommodation. Payment of the annual rental cost is generally made to schools in advance and in two instal- ments, i.e. January-June and July-December where rental is continuing or up to the expected date of cessation if for a shorter period. It should be noted that it would not be feasible or cost effective to remove rented prefabricated accommodation for the summer holiday period where that accommodation would be required to be replaced for the new school year. Notwithstanding, it is anticipated that the total rental cost for prefabricated accommodation in Co. Laois will be in the region of \650,000 for the 2009 year. On this basis, rental for the period 1st July to 31st August 2009 could be estimated at around \108,000. A review of rental policy is ongoing which, inter alia, is examining contract terms to incorporate buy out, buy back, rental costs and relocation options if local circumstances require it. Another strand of the review, which is well under way, is an investigation of all existing rental contracts between schools and suppliers with a view to identifying action to reduce overall rental costs for the Department. In the meantime, schools proposing to rent temporary accommodation must seek competitive quotes from suppliers which should allow them to take advantage of changing market prices.

487 Questions— 16 September 2009. Written Answers

1178. Deputy Charles Flanagan asked the Minister for Education and Science the average monthly cost of each prefab rented for schools in County Laois in 2009; and if he will make a statement on the matter. [30476/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Details held by my Department on schools renting prefabricated accommodation in Co Laois indicate that the average cost for rental of one prefab unit is \1,190 per month. As the Deputy will appreciate the cost per unit will vary depending on the size, type and age of each unit.

1179. Deputy Charles Flanagan asked the Minister for Education and Science the number of prefabs being rented for schools in County Laois in tabular form; the schools which are availing of rented prefabs; the number of prefabs allocated to each school in question; and if he will make a statement on the matter. [30477/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I attach a table listing all primary schools currently renting temporary accommodation in Co. Laois. The Deputy will note from the table that there are currently 46 prefab units being rented by 20 primary schools in Co. Laois.

Prefabricated Accommodation in County Laois — 2009

Roll No School Address Type

01556F Scoil Bhride NS Ballyroan, Laois Pre-fab 07183W St Josephs GNS Davitt Road, Mountmellick, Laois Pre-fab 07183W St Josephs GNS Davitt Road, Mountmellick, Laois Pre-fab 07636K St Fintan BNS New Line Road, Mountrath, Laois Pre-fab 12331L Rushall NS Pike of Rushall, Portlaoise, Laois Pre-fab 12692B Kiladooley NS Ballybrophy, Portlaoise, Laois Pre-fab 13643Q Emo NS Emo, Portlaoise, Laois Pre-fab 13643Q Emo NS Emo, Portlaoise, Laois Pre-fab 13643Q Emo NS Emo, Portlaoise, Laois Pre-fab 13643Q Emo NS Emo, Portlaoise, Laois Pre-fab 13643Q Emo NS Emo, Portlaoise, Laois Pre-fab 13643Q Emo NS Emo, Portlaoise, Laois Pre-fab 13643Q Emo NS Emo, Portlaoise, Laois Pre-fab 13741Q Rath NS Ballybrittas, Portlaoise, Laois Pre-fab 14260F South NS Ballacolla Road, Abbeyleix, Laois Pre-fab 14838N Maryboro NS Stradbally Road, Portlaoise, Laois Pre-fab 15446B Gaelscoil Trumera, Mountrath, Laois Pre-fab Thromaire 17064U St Patricks NS Ballylinan, Athy, Kildare (Laois) Pre-fab 17064U St Patricks NS Ballylinan, Athy, Kildare (Laois) Pre-fab 17064U St Patricks NS Ballylinan, Athy, Kildare (Laois) Pre-fab 17557U St Abbans NS Killeen, Mageney, Laois Pre-fab 17557U St Abbans NS Kileen, Mageney, Laois Pre-fab 17604D Ratheniska NS Ratheniska, Portlaoise, Laois Pre-fab 17604D Ratheniska NS Ratheniska, Portlaoise, Laois Pre-fab 17604D Ratheniska NS Ratheniska, Portlaoise, Laois Pre-fab 17617M Scoil Killeshin, Laois Pre-fab Chomhghain Naofa

488 Questions— 16 September 2009. Written Answers

Roll No School Address Type

17692D Stradbally BNS Stradbally, Laois Pre-fab 18150S Scoil an Fraoich The Heath, Portlaoise, Laois Pre-fab Mhoir 18150S Scoil an Fraoich The Heath, Portlaoise, Laois Pre-fab Mhoir 18150S Scoil an Fraoich The Heath, Portlaoise, Laois Pre-fab Mhoir 18547W Faolan Naofa NS Baile Ui Ruain, Portlaoise, Laois Pre-fab 18828H St Pauls Primary Borris Road, Portlaoise, Laois Pre-fab 18828H St Pauls Primary Borris Road, Portlaoise, Laois Pre-fab 18828H St Pauls Primary Borris Road, Portlaoise, Laois Pre-fab 18828H St Pauls Primary Borris Road, Portlaoise, Laois Pre-fab 18828H St Pauls Primary Borris Road, Portlaoise, Laois Pre-fab 18828H St Pauls Primary Borris Road, Portlaoise, Laois Pre-fab 19747M Scoil Bhride NS Knockmay, Portlaoise, Laois Pre-fab 19747M Scoil Bhride NS Knockmay, Portlaoise, Laois Pre-fab 19747M Scoil Bhride NS Knockmay, Portlaoise, Laois Pre-fab 19747M Scoil Bhride NS Knockmay, Portlaoise, Laois Pre-fab 19747M Scoil Bhride NS Knockmay, Portlaoise, Laois Pre-fab 19747M Scoil Bhride NS Knockmay, Portlaoise, Laois Pre-fab 20071L Scoil Bhride NS Rathdowney, Rathdowney, Laois Pre-fab 20224K Gaelscoil an tSli An Bealach Mo´ r, Buirios Mor Osrai, Laois Pre-fab Dala 20224K Gaelscoil an tSli An Bealach Mo´ r, Buirios Mor Osrai, Laois Pre-fab Dala

Education Schemes. 1180. Deputy Catherine Byrne asked the Minister for Education and Science the position regarding the school book scheme; the number of schools that are still eligible for this scheme; the number of schools that are ineligible; the amount of money which will be saved by the Exchequer by abolishing the scheme; and if he will make a statement on the matter. [30543/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I have consistently said that the 2009 Budget required difficult choices to be made across all areas of public expenditure. These decisions were made to control public expenditure and to ensure sustainability in the long run. In this respect, education, while protected to a much greater extent than most other areas of public expenditure, could not be totally spared. The changes made in relation to book grants were one aspect of these measures. The key change is that aid for school books is being restricted to schools that have been included within the Delivering Equality of Opportunity in Schools (DEIS) scheme. By limiting the funding to schools within the DEIS scheme, savings of \7.5m will be achieved. As the Deputy will be aware, DEIS is the action plan for educational inclusion and focuses on addressing the educational needs of children and young people from disadvantaged communities. Approximately \7 million was made available in 2008 to DEIS schools at primary and post-primary level for the school book grant scheme; the same level of provision has been made available for distribution to schools in the DEIS programme in 2009. At primary level 673 schools will receive enhanced funding, while at second level 203 schools will benefit. 489 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

The continuation of this provision to these schools is testament to the Government’s determination to prioritise social inclusion and protect the most vulnerable in our society. There is a need to focus targeted resources on the schools in most need. This is in line with the broad thrust of the recommendations of the Comptroller and Auditor General’s 2006 report on Primary Disadvantage. My Department has encouraged schools to implement book rental schemes as a measure to minimise the cost of school books to all parents. As far back as 1993, a report commissioned by my Department dealt with the factors which contribute to the cost of school text books. The report included useful suggestions for schools, including a Code of Good Practice for successful operation of book rental schemes. I know that many schools have developed such rental schemes. It is open to schools to utilise general capitation funding to fund book rental schemes. It is my intention to move to a situation where instead of a number of separate grants for different purposes a school will get one grant, giving them total flexibility on how to use it. My Department has issued a circular to schools and Vocational Education Committees, outlining that funding provided to meet day-to-day running costs can be used to provide school books where this is a priority for the school or the VEC. My Department has sought to ensure that schools are fully aware that using any funds provided by my Department for such purposes is not only legitimate but desirable.

Higher Education Grants. 1181. Deputy George Lee asked the Minister for Education and Science his plans to provide financial assistance to students who are ineligible for grants and must pay registration fees due to the fact that they are repeating exams; and if he will make a statement on the matter. [30546/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Students who are entering approved courses at undergraduate or postgraduate level for the first time are eligible for maintenance grants where they satisfy the relevant conditions of the relevant scheme including those relating to age, residence, means, nationality and previous academic history. All students who are eligible for a means tested third level student support grant have the student charge paid on their behalf by the Local Authorities or the Vocational Education Committees, in addition to any maintenance grant and tuition fee grant to which they are entitled. Under the third level student grant schemes grants may not be paid in respect of a repeat period of study. I have no plans to depart from this practice. It should however be noted that the assessing authorities have discretion to waive this provision in exceptional circumstances — such as for cases of certified serious illness.

Appointments to State Boards. 1182. Deputy Ruairı´ Quinn asked the Minister for Education and Science the reason he has not appointed two representatives to the board of the Higher Education Authority as promised in the Programme for Government; if he will reconsider this decision; and if he will make a statement on the matter. [30551/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I take it that the Deputy is referring to the commitment to appoint a second student representative to the Board of the Higher Education Authority (HEA).

490 Questions— 16 September 2009. Written Answers

This matter is considered when appointments are being made, having regard to the need to ensure an overall balance of stakeholder interests. The HEA engages extensively with student interests as an integral part of its ongoing work and the USI plays an active role in this process and continues to ably represent its constituency on the Board.

Higher Education Grants. 1183. Deputy Ruairı´ Quinn asked the Minister for Education and Science the reason a married person under the age of 23 years, who lives with their spouse and not with their parents, cannot be assessed as an independent mature student for the purposes of a higher education maintenance grant; if he will consider revising the rules of the grant scheme to ensure that such married persons do not have the income of their spouses and their parents assessed in order to receive a grant; and if he will make a statement on the matter. [30553/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the student maintenance grant schemes, students who are entering approved courses for the first time are eligible for financial assistance where they satisfy the relevant conditions as to residence, means, age, nationality and previous academic attainment. A mature student is defined as a candidate who is at least 23 years of age on the 1st January of the year of entry or re-entry to an approved course. Mature students are then categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his/her parents from the October preceding their entry to an approved course. Independent mature students are deemed to be self-supporting and are assessed without reference to either their parents’ income or address. The Student Support Bill will provide the Minister with the power to regulate for different classes of applicants. This power would enable me, if there are compelling reasons and adequate resources to do so, to consider extending the circumstances where a student could be assessed without reference to parental income. My Department is currently reviewing the circumstances where a means assessment independent of parental income would be appropriate and in the context of the Programme of legislative and administrative reform of student grants and the development of a new unified scheme of student support, is undertaking further consultation on this and related matters with a view to establishing the particular circumstances where assessment as an independent student might be warranted. Any extension of the provision of assessment as an independent student will have to be carefully considered to ensure it is highly targeted at very specific circumstances where students can demonstrate that they have been genuinely self-supporting and living independently for a number of years.

Schools Recognition. 1184. Deputy Denis Naughten asked the Minister for Education and Science the progress on the recognition of new primary schools; when he will allow for their establishment and recognition; and if he will make a statement on the matter. [30556/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy is aware, in September 2008 I instructed that a review of the procedures for the establishment of new primary schools be undertaken by the Commission on School Accommodation. The Technical Working Group established under the Commission to undertake this review commenced its

491 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] work in December 2008. It is expected that the review of procedures for recognising primary schools will be complete and revised arrangements will be in place within a two year timeframe of the commencement of the review process. In the interim period and while the review is ongoing, the Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social & Family Affairs in addition to recent schools’ enrolment data. The study indicates that the requirement for additional primary provision in years 2010, 2011 and 2012 is likely to be greatest in more than 40 selected locations across the country based on significant changes to the demographics of those areas. This information has been circulated to all existing school Patrons who have been invited to bring forward proposals for the expansion of existing schools or indeed to put themselves forward as Patron for any new primary school, should it be required. The requirement for the establishment of new schools will of course be lessened where it is possible to expand and extend existing schools in those areas. Forward Planning Section is in the process of carrying out detailed analysis and reports for each of these locations in order to identify the school accommodation requirements for each area up to and including the school year 2014/2015. When the detailed reports are completed for these initial areas identified the Forward Planning Section will continue to work on preparing reports on a priority basis for the remainder of the country.

School Transport. 1185. Deputy Edward O’Keeffe asked the Minister for Education and Science if he will review the cost of school bus transport charges of \300 per pupil in view of the financial difficulties being faced by many parents, particularly those with more than one child availing of school transport as in the case of persons (details supplied) in County Cork in view of the overall expenditure which has to be met for school books, clothing and footwear, where many families do not qualify for the back to school allowance. [30563/09]

492 Questions— 16 September 2009. Written Answers

Parents have also been given the option of spreading the amount due over two payments payable in July and December 2009. While I appreciate the Deputy’s concerns, given the factors that I have outlined, it is not envisaged that there will be a change in the payment arrangements as outlined above.

Special Educational Needs. 1186. Deputy Dan Neville asked the Minister for Education and Science if a full-time special needs assistant will be provided to a child (details supplied) in County Limerick. [30568/09]

1187. Deputy Phil Hogan asked the Minister for Education and Science his plans to establish a follow up unit for students who have completed their time in a centre (details supplied) in County Kilkenny; and if he will make a statement on the matter. [30575/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I would like to advise the Deputy that my Department has not received any proposal to establish a follow up unit for students who have completed their time in the centre to which he refers. My Department is committed to encouraging and facilitating the participation of people with specific learning needs in education by providing supports to enable their access to the various programmes on offer. My Department’s officials will give due consideration to any considered proposal in this context.

Grant Payments. 1188. Deputy Bobby Aylward asked the Minister for Education and Science when an application for an insulation grant will be approved for a school (details supplied) in County Kilkenny. [30590/09]

Minister for Education and Science (Deputy Batt O’Keeffe): An application from the school in question for an energy efficiency grant has been received in my Department. The application has been recently approved and the management has been informed of the decision.

Departmental Expenditure. 1189. Deputy Brian Hayes asked the Minister for Education and Science if he awarded bonuses to persons who work within his Department since 1 January 2009; if so, the areas of responsibility where bonuses were awarded; the reason for such payments; and if he will make a statement on the matter. [30592/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that no bonuses have been awarded to staff within my Department since 1 January, 2009.

493 Questions— 16 September 2009. Written Answers

School Staffing. 1190. Deputy Brian Hayes asked the Minister for Education and Science if, following his statement in Da´il E´ ireann on 4 November 2008, that the net loss of teachers in primary and post primary education would be a total of 400 from 1 September 2009, he still agrees with this position; if not, his new expectation regarding the net loss of teachers to the education system here; and if he will make a statement on the matter. [30593/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that my Department has published provisional information on the Department’s website about teacher allocations for 2009/10 school year. This was done as a first step at improving the level of information in the public domain about changes to the staffing allocations at both primary and post-primary level. The allocation process will not reach finality until later this year and I remain committed to publishing updated information. While the final position won’t be clear until all allocations are completed it is envisaged that there will be a reduction in posts at primary level in the 200-300 range compared to last year’s allocation. Allocations are continuing for special needs, language support and developing posts so the precise figure won’t be known until these posts are fully allocated and the outcome of any further appeals to the Staffing Appeals Board are known. At post-primary level my Department estimated that the budget changes would result in a reduction of some 1,000 posts but that all of this reduction would not happen in the allocation for this school year. Apart from the provision of additional posts for some demographic increase and for special needs provision a number of additional factors influence the final net position such as: the level of teacher retirements and resignations in any particular year in general; how retirements are distributed across schools; the extent to which at individual school level the number of retirements contributes to reducing a supernumerary situation in the event that the school is in an over allocation position; the extent to which any redeployment between schools reduces the supernumerary position; the incidence of awards of contracts of indefinite duration to fixed terms teachers; the extent to which a school is able to reduce an over allocation position by terminating fixed term contracts; the number of teachers remaining in individual schools on a supernumerary basis when the allocation and appointment processes have fully executed; the extent to which schools seek and are granted curricular concessions. Taking these factors into account and while the budget measures would ultimately yield 1000 posts the yield in the 2009/10 school year was estimated at about 560. The estimates for the 2009/10 school year included provision for 320 additional posts (compared to 2008/09) and on that basis the net position was estimated at a reduction of around 240 posts. The allocation of teachers to the end of August 2009 is showing a reduction of 509 posts compared to the position at the end of August 2008. This indicates that the final net position will be greater than originally estimated. Allocations are continuing for special needs, language support and for projected enrolments etc. so the final position won’t be known until all these posts are fully allocated. The key factors that are contributing to the greater than expected reduction in posts at post- primary level are: retirements in the Secondary and Community and Comprehensive sectors running at over 230 higher than originally envisaged which in schools that are over quota results in the number of supernumerary posts being reduced. Precise aggregate data on the position in VEC schools is not to hand at present but indications are that a similar higher level of retirement is occurring; the use in individual schools of supernumerary posts against allocations for special needs and language support (circa. 14% of these posts are being filled by the re- allocation of supernumerary staff compared to circa. 7% last year); the number of language

494 Questions— 16 September 2009. Written Answers support posts is lower than originally anticipated; applications by schools for curricular concessions increased marginally but not to the extent anticipated.

Schools Recognition. 1191. Deputy Pat Breen asked the Minister for Education and Science, further to Parliamen- tary Question No. 428 of 26 May 2009, if the review has taken place; when a school (details supplied) in County Clare will receive full recognition; and if he will make a statement on the matter. [30693/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware provisional recognition was initially awarded to the school in question for a period of one year in 2008 and was due to expire on the 31st August 2009. This temporary recognition was subject to the usual rules and procedures applicable to new primary schools. In order to allow my Department’s Inspectorate to conclude the assessment process required in respect of all new schools I decided to extend the period of provisional recognition for one year to 31st August 2010. The relevant school authorities were notified of this decision at the time. Following completion of the inspection process a final decision on permanent recognition for the school will be reached within this period.

Special Educational Needs. 1192. Deputy Pat Breen asked the Minister for Education and Science, further to Parliamen- tary Question No. 602 of 9 June 2009, the position regarding a matter (details supplied) in County Clare; and if he will make a statement on the matter. [30704/09]

EU Funding. 1193. Deputy Joanna Tuffy asked the Minister for Education and Science the amount of funding received during its membership of the European Union towards the cost of providing education and training, including through the European Social Fund; and if he will make a statement on the matter. [30710/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The level of EU aid received by the Department of Education and Science from the European Social Fund under the Com- munity Support Framework, 1994–1999 was \963.21 million. The level of EU aid received by the Department of Education and Science from the Euro- pean Social Fund under the Community Support Framework 2000–2006 was \352.52 million. Under the 2000-2006 Round, the European Commission will process in due course the final operational programme payments (estimated at over \20 million in aid) based on the submission of the Member State’s final closure documents. Up to the present, the level of EU aid received by the Department of Education and Science from the European Social Fund under the Human Capital Investment Operational Programme (HCIOP) 2007-2013 round, is \32.54 million. It is estimated that overall approximately \130

495 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] million in ESF aid will be received in respect of education measures during the 2007-2013 round. There may be other amounts paid directly to education sector bodies/institutions by the EU Commission in relation to which my Department does not have details. For historical data detailing the level of EU aid received by the State between 1973-1993, I would direct the Deputy to the EU Transfers Section of the Department of Finance publication “Budgetary and Economic Statistics”. Under the EU Peace II programme a total of \1,660,760 was received by the Department of Education and Science in the period 2003-2008 in respect of “Peace II, Measure 5.5, Cross Border Education, School and Youth Co-operation” and of this amount, under the agreed funding arrangements, a total of \217,057 was paid to the Department of Education, Northern Ireland.

Schools Building Projects. 1194. Deputy Ruairı´ Quinn asked the Minister for Education and Science the position regarding a school building project (details supplied) in County Limerick; when the construction of this project will commence; and if he will make a statement on the matter. [30721/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently out to tender. When the tenders have been returned and assessed the project will be considered for progression to the award stage.

Health Professions Admission Test. 1195. Deputy John O’Mahony asked the Minister for Education and Science his views on the new health professions admission test Ireland; and if he will make a statement on the matter. [30728/09]

1198. Deputy John O’Mahony asked the Minister for Education and Science the information and preparation which were given to students in advance regarding to the new Health Pro- fessions Admission Test Ireland; and if he will make a statement on the matter. [30744/09]

1227. Deputy Ruairı´ Quinn asked the Minister for Education and Science his views on the controversy surrounding admission to medicine courses in view of the recent introduction of the health professions admission test; if he will provide the average score for males in the aptitude test; the average score for females; the breakdown of entries into all undergraduate medicine courses here by gender for the years 2008 and 2009; and if he will make a statement on the matter. [30925/09]

1251. Deputy John O’Mahony asked the Minister for Education and Science his views on whether it is fair that students obtaining up to 600 points who apply for medicine have only 550 of those points taken in consideration; and if he will make a statement on the matter. [31281/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take questions 1251, 1198, 1251 and 1227 together. The impetus for the introduction of a new entry process for admission to medical schools arose from a recommendation of the Working Group on Undergraduate Medical Education & Training (the Fottrell report). This report formed the basis for a programme of reform and expansion of medical education and training in Ireland that was approved by the Government in 2006. A separate Working Group was subsequently established made up of representatives

496 Questions— 16 September 2009. Written Answers from the Medical Schools and University Admissions Offices to examine the implementation of revised entry criteria for undergraduate medical programmes, having regard to the Fottrell recommendation that entry to undergraduate medical education programmes should not be exclusively coupled with Leaving Cert performance. It was ultimately decided that from 2009 entry to the undergraduate medical programme would be based on combination of Leaving Cert results and performance in an independent admissions test (HPAT) designed to measure students’ problem solving, understanding and reasoning skills. The weighting given to HPAT is such as to ensure that the test has a meaningful influence on the selection process by assessing skills such as mental ability, reasoning, interpersonal skills and professional attributes which lie outside of the domains on which the Leaving Certificate is based while at the same time incentivising and rewarding a strong performance in the Leaving Certificate without requiring the achievement of extraordinarily high points levels. Details of the selection criteria and information on the new arrangements were sent out to all post primary schools in late May 2008 by the medical schools. Practice questions for the Health Professions Admissions Test (HPAT) test were also made available in May 2008, in preparation for the first test which took place in February 2009 so that candidates could familiarise themselves with the format and nature of the test. Sample questions were also made available on the HPAT-Ireland website. No formal preparation is required to sit the test, and the test is designed so that repeated sittings should not result in any significant change to a candidate’s mark. Information on the average score achieved by males and females in the HPAT test or the breakdown by gender of entrants to medical school for the 2009/10 academic year is not yet available to my Department. The gender breakdown of EU entrants to undergraduate medical programmes in 2008/09 was 181 males and 265 females. As this is the first year of operation of the new entry mechanism it would be premature to seek to form any firm conclusions in relation to its impact. I understand that a research group comprising representation from the Council of Deans of Faculties with Medical Schools of Ireland (CDFMSI), admission officers, the Central Applications Office, Irish medical education experts and international advisers has been convened for the purpose of ongoing evaluation of the entry process. This group will examine the concurrent and predictive validity of the new entry mechanisms as well as the impact on the socio-demographic composition of successful medical school entrants. The work of this group will inform a review of the new mechanism which will be undertaken within 3 years of its introduction.

Departmental Expenditure. 1196. Deputy John O’Mahony asked the Minister for Education and Science the amount allocated to US-Ireland Alliance in 2007, 2008 and to date in 2009; and if he will make a statement on the matter. [30729/09]

Minister for Education and Science (Deputy Batt O’Keeffe): No financial allocation was made by my Department to the organisation referred to by the Deputy in the years in question.

Departmental Bodies. 1197. Deputy John O’Mahony asked the Minister for Education and Science if he will make available the annual reports submitted by US — Ireland Alliance for 2007 and 2008; and if he will make a statement on the matter. [30730/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am taking it that the Deputy is referring to the annual reports and accounts with respect to the operation of the George

497 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] Mitchell Scholarship Fund prepared pursuant to Section 5 of the George Mitchell Scholarship Fund Act, 1998. Copies of the reports in question have been laid before each House of the Oireachtas and are available in the Oireachtas library.

Question No. 1198 answered with Question No. 1195.

School Accommodation. 1199. Deputy Alan Shatter asked the Minister for Education and Science if he will grant the sanctions necessary to facilitate the provision of additional permanent school classrooms for a school (details supplied) in Dublin 16; if he will replace the prefab buildings; his views on whether it is unreasonable that this project be further delayed. [30749/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I can confirm that the school to which the Deputy refers has made an application to my Department for large scale capital funding. The application has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

Schools Building Projects. 1200. Deputy Alan Shatter asked the Minister for Education and Science if he will grant to a board of a school (details supplied) in Dublin 18 the permission required to progress the provision of a new permanent school building; the reason the required permission has to date been withheld; if his attention has been drawn to the fact that the projected number of pupils who will attend the school within the next three years makes it a necessity that the new permanent school be built without further delay. [30750/09]

1252. Deputy Olivia Mitchell asked the Minister for Education and Science the status of the funding application for the replacement school by a school (details supplied) in Dublin 18; when a decision will be available; and if he will make a statement on the matter. [31328/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take questions 1200 and 1252 together. The project to which the Deputies refer is currently at an early stage of architectural planning. Information in respect of the current school building programme, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie.

498 Questions— 16 September 2009. Written Answers

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will continue to be considered in the context of my Depart- ment’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the delivery of the project at this time.

Question No. 1201 answered with Question No. 1165.

School Transport. 1202. Deputy Michael Creed asked the Minister for Education and Science the reason he has withdrawn school transport from children attending a national school (details supplied) in County Cork; if he will approve a remote area grant to the eligible children concerned in the event of his Department not restoring the school bus service for 2009/2010; and if he will make a statement on the matter. [30774/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): Under the terms of the Section 1.4 of the primary school transport scheme a service may be continued for as long as there are four eligible children and a minimum of six fare-paying children availing of the service. Bus E´ ireann, which operates the School Transport Scheme, on behalf of my Department, has advised that the number of children offering for transport from the area referred to by the Deputy, in the details supplied, has fallen below the minimum number required to maintain this service. As a result, and in accordance with the terms of the Primary School Transport Scheme, the service was withdrawn with effect from the commencement of the current school year. The position may be reviewed should a sufficient number of eligible children apply for transport at a future date. As the children in question are eligible for school transport, the parents have been advised that they may apply for a remote area grant towards the cost of making private transport arrangements.

Student Support Schemes. 1203. Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 5. [30776/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the terms of the maintenance grant schemes, grant assistance is awarded to students who meet the prescribed conditions of funding including those which relate to nationality, residency, means and previous academic attainment. The Nationality requirement as set out in the 2009 Grant schemes states candidates must:

• be a national of—

(i) an EU Member State,

(ii) a state which is a contracting state to the EEA Agreement

(iii) the Swiss Confederation or

• a refugee or other person entitled for the time being to the rights and privileges specified in section 3 of the Refugee Act 1996; or

499 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

• be a person, pursuant to the European Communities (Eligibility for Protection) Regu- lations 2006 (S.I. No. 518 of 2006)—

(i) who the Minister for Justice, Equality and Law Reform has determined is eligible for the time being for subsidiary protection pursuant to Regulation 4 of those Regu- lations, or

(ii) to whom the Minister for Justice, Equality and Law Reform has granted permission for the time being in writing to enter and reside in the State pursuant to Regulation 16 of those Regulations; or

• have permission to remain in the State by virtue of marriage to a national of another EU Member State who is residing in the State and who is or has been employed, or self- employed, in the State, or be the child of such a person, not having EU nationality; or

• have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the child of such person, not having EU nationality; or

• have been granted Humanitarian Leave to Remain in the State (prior to the Immigration Act 1999); or

• be a person in respect of whom the Minister for Justice, Equality and Law Reform has granted permission to remain following a determination not to make a deportation order under section 3 of the Immigration Act 1999. The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the relevant local authority or Vocational Education Committee.

The student referred to by the Deputy should seek information or clarification directly from the relevant assessing authority. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required.

Departmental Expenditure. 1204. Deputy Alan Shatter asked the Minister for Education and Science the steps he will take to address the concerns of the Protestant community arising from his change in the status of Protestant voluntary schools and the abolition of grants formerly paid to them; if his attention has been drawn to the recommendations contained in Report of the Special Group on Public Service Numbers and Expenditure Programmes regarding these schools are a cause of additional concern and alarm and a belief that their implementation will result in further discrimination against Protestant schools and the Protestant community and the possible closure of schools; if he will address these concerns and engage in discussions with the Protestant secondary school sector to ensure the future capacity of these schools to fully meet the needs of the Protestant community and for the purpose of allocating teachers to be restored to the same pupil teacher ratio as applies to schools in the free education scheme. [30785/09]

1273. Deputy Olivia Mitchell asked the Minister for Education and Science if his attention has been drawn to the disproportionate impact change in private school funding would have on schools of the Protestant faith; and if he will make a statement on the matter. [31420/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take questions 1204 and 1273 together.

500 Questions— 16 September 2009. Written Answers

I wish to reassure the Deputies that I, along with my colleagues in Government, recognise the importance of ensuring that students from a Protestant background can attend a school that reflects their denominational ethos. The Deputies will be aware that I have met with representatives of both the Church of Ireland Board of Education and the Grand Orange Lodge of Ireland to discuss the funding position of Protestant schools and the background to the decision in the October budget to remove certain grants from fee-charging Protestant schools. I have emphasised that no changes have been made to the block grant, which is expected to be \6.5 million in this school year. It covers capitation, tuition and boarding costs and is distributed through the Secondary Education Committee established by the churches concerned. This fund ensures that necessitous Protestant children can attend a school of their choice. I wish to advise the Deputies also that my officials have met representatives from the Second- ary Education Committee to discuss future funding arrangements for Protestant schools. In this context, I have expressed my willingness to consider any proposals that might be made to my Department that would enable the available funding to be focused and adjusted to more effectively meet the twin objectives of access for individuals and sustaining the schools that they wish to attend, particularly those in rural areas. As stated by the Deputies, the October Budget implemented changes in how all fee-charging schools are treated in relation to the number of publicly funded teaching posts they are allocated. With effect from 1 January 2009, teachers in fee-charging schools are allocated at a pupil teacher ratio of 20:1, which is a point higher than allocations in non fee-charging post- primary schools. In view of the challenging economic circumstances that we are facing, I am not in a position to reverse this decision. This decision is justified on the basis that schools which have access to fees as an income source are in a better position to maintain services at a time when the public finances are under such severe pressure. Fee-charging schools can continue to employ additional teachers that they fund from their fee income. In relation to the recommendations of the McCarthy Report, I wish to emphasise that these are options for the Government to consider for reducing overall expenditure. I and my colleagues in Government are considering the various options proposed in the report. No decisions have yet been taken. I will continue to work with representatives of the Protestant educational sector to ensure that State funding made available to the Protestant community is targeted in the fairest way possible to meet the needs of their children and their schools.

School Enrolments. 1205. Deputy James Bannon asked the Minister for Education and Science the reason a child (details supplied) in County Westmeath has been refused a place at a local secondary school despite their appeal against the refusal of a place being upheld and further despite the fact that they were a pupil at the national school on the same campus which would logically be assumed to be a feeder school; and if he will make a statement on the matter. [30789/09]

1302. Deputy Willie Penrose asked the Minister for Education and Science the steps he is taking to secure a place in secondary school for a person (details supplied) in County West- meath; and if he will make a statement on the matter. [31787/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take questions 1205 and 1302 together.

501 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

The determination by the Appeal Committee, formed under Section 29 of the Education Act, 1998, to hear this appeal, against a refused enrolment, was issued to both the school and family in August 2009. The determination upheld the parental appeal, and the accompanying directive issued to the school requested that they contact the family to arrange enrolment of this child. My Department has remained in contact with the school and the parents since then and on Friday 11th September the school advised my Department that it had written to the family offering a place to this child. The family has confirmed to my Department that the child started at this post primary school on Monday 14th September.

School Transport. 1206. Deputy Michael Creed asked the Minister for Education and Science the reason school transport has been withdrawn from children attending a national school (details supplied) in County Cork; and if he will approve a remote area grant to the eligible children concerned in the event that the school bus service for 2009/2010 is not restored; and if he will make a statement on the matter. [30799/09]

Schools Building Projects. 1207. Deputy Pa´draic McCormack asked the Minister for Education and Science the position regarding the provision of a new community school for Clifden, County Galway; and if he will make a statement on the matter. [30810/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently at an advanced stage of architectural planning. The commencement and progression of all large scale building projects from initial design stage through to construction phase, including this project, will be considered in the context of my Department’s Multi- Annual School Building and Modernisation Programme. However in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the further progression of the project at this time.

State Examinations. 1208. Deputy Brian O’Shea asked the Minister for Education and Science if his attention

502 Questions— 16 September 2009. Written Answers has been drawn to a report regarding difficulties encountered by Irish speaking maths students (details supplied) when being tested in english; and if he will make a statement on the matter. [30817/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am aware of the recent study which applied specially devised test instruments to 37 Irish speaking and 49 English speaking pupils in their first year of second level, with the Irish speaking students having switched to an English medium school after completion of Irish medium schooling at primary level. Fifteen Irish medium and 6 English medium students were also tested at the transition point from second level into their first year of higher education. For the pupils in first year of second level, Irish medium students performed 8.7% better in the Irish medium test than they did in the same test through the medium of English. The differences were not significant in relation to the pupils making the transition to higher education. The authors of the study recommend that assessment at such points of transition may need to take place in a student’s first language initially to ensure it is appropriate and valid, and that knowledge of the difficulties that Gaelgeoirı´ may experience with the English mathematics register may help teachers to assist pupils in making the transition. Standardised tests at primary level in Mathematics are available to schools in both Irish and English. Second level schools are also strongly encouraged to liaise with the feeder primary school when making decisions based on the abilities and achievements of individual students, rather than relying exclusively on test results. It is important to note that the students transferring from primary level were all in their first year of post primary schooling, and would have considerable further experience through the medium of English before encountering the certificate examinations. In addition, although the findings are consistent with similar studies in Malawi and New Zealand, the study did not relate to student performance in national examinations, and the sample size was very small. In the certificate examinations, candidates have the option of sitting their Mathematics examinations through Irish or English, in accordance with the preference on their entry forms. Bonus marks are awarded for completion of examinations through Irish. In addition, a student may ask for both the English and Irish versions of the examination paper. The study emphasises the important role of language proficiency in the learning and understanding of mathematics, and the challenges faced by Gaelgeoiri in moving to an English speaking environment. It was undertaken by researchers in the National Centre of Excellence for Mathematics and Science Teaching and Learning, in the University of Limerick. My Depart- ment will discuss with the Centre and other relevant agencies how best the issues identified in the study can be addressed. An Coiste Te´armaı´ochta, under the auspices of Foras na Gaeilge, has published a range of dictionaries of technical terms. A dictionary of technical terms in Mathematics is in preparation at present.

EU Funding. 1209. Deputy Joanna Tuffy asked the Minister for Education and Science the amount of funding received from the European Union towards the building of third level colleges; and if he will make a statement on the matter. [30824/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Under the 2000-2006 round of Structural Funds, EU assistance towards to the costs of developing strategic research in Irish higher education institutions was claimed under the European Regional Development Fund (ERDF). Under the ERDF, a total of \52.97m approximately in EU aid was claimed under this measure.

503 Questions— 16 September 2009. Written Answers

Site Acquisitions. 1210. Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the need for a new site in respect of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [30825/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Office of Public Works has been requested to acquire a site for the school in question. A suitable site has been identified. The further progression of the acquisition of the site will be considered in the context of the capital budget available to the Department for school buildings generally. In light of the many competing demands on the capital budget, it is not possible to give an indicative timeframe for the acquisition of the school site at this time.

Schools Building Projects. 1211. Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the need for a permanent school building in respect of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [30826/09]

1212. Deputy Joanna Tuffy asked the Minister for Education and Science the position regarding the need for a permanent school building in respect of a school (details supplied) in County Dublin; and if he will make a statement on the matter. [30827/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers is currently sharing a purpose built facility with another school. It is my Department’s intention to permanently accommodate the school in its own accommodation. The development of this accommodation will be considered in the context of the capital budget available to my Department for school buildings generally.

School Transport. 1213. Deputy Paul Connaughton asked the Minister for Education and Science the reason children (details supplied) in County Galway have been denied school transport; if his attention has been drawn to the fact that when a school was closed in favour of a central school a guarantee was given that school transport would be provided; and if he will make a statement on the matter. [30839/09]

504 Questions— 16 September 2009. Written Answers

Scheme, the service was withdrawn with effect from the commencement of the current school year. The position may be reviewed should a sufficient number of eligible children apply for transport at a future date. As the children in question are eligible for school transport, the parents have been advised that they may apply for a remote area grant towards the cost of making private transport arrangements.

1214. Deputy Ruairı´ Quinn asked the Minister for Education and Science if he enforces guidelines regarding the opening and closing hours of primary schools; if primary schools are obliged to stay open until a certain hour of the day;if he can to amend the opening hours of a given school (details supplied) in County Donegal; if not, if he can ensure that the school transport scheme can be adjusted to accommodate the earlier closing time so that working parents do not have to leave work early to collect their children; and if he will make a statement on the matter. [30855/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Bus E´ ireann, which operates the school transport service on behalf of my Department, plans bus routes in such a way as to ensure that, as far as possible, pupils have a reasonable level of service while at the same time, ensuring that school transport vehicles are fully utilised in an efficient and cost effective manner. Services generally operate at times which ensure that all eligible pupils arrive at school prior to the commencement of formal instruction, and are brought home as soon as possible after normal school finishing time. The Rules for National schools require that a school must be open to receive pupils not later than 09.30 a.m. Subject to this requirement, the decision with regard to the actual opening time of a primary school is a matter for the Board of Management of the school concerned. Circular 11/95 states that a full school day at primary level comprises a period of not less than five hours and forty minutes. Circular 11/95 and the Rules for National Schools also provide that pupils in infant classes may have a school day that is one hour shorter than the length of the normal school day, (i.e. 5 hours and forty minutes). It is a matter for the Board of Management of a particular school to decide whether this concession should be applied in the case of its school. If pupils in infant classes are being given a shorter day, their parents should be notified accordingly and invited to collect them at time of dismissal. It is acknowledged that particular circumstances may arise whereby the implementation of the shorter day for pupils in infant classes may cause issues for some parents. Where this arises, my Department would encourage school authorities to engage with parents locally with a view to arriving at a mutually acceptable resolution.

Special Educational Needs. 1215. Deputy Pat Breen asked the Minister for Education and Science, further to Parliamen- tary Question No. 71 of 10 June 2009, the progress on finalising a project (details supplied) in County Clare; and if he will make a statement on the matter. [30877/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to advise the Deputy that the National Council for Special Education has established a special class in the school in question. The school authorities were informed of this decision in June 2009.

Pupil-Teacher Ratio. 1216. Deputy Pat Breen asked the Minister for Education and Science further to Parliamen-

505 Questions— 16 September 2009. Written Answers

[Deputy Pat Breen.] tary Question No. 448 of 4 November 2008, the breakdown of primary school class sizes in County Clare for the 2008/2009 school year; the number of pupils in classes of 19 and under, 20 to 29, 30 to 39 and 40 plus per primary school commencing September 2009; and if he will make a statement on the matter. [30879/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Statistics section of my Department’s website now contains class size data at individual primary school level for the following school years, 2006\2007, 2007\2008 and 2008\2009. The information includes the number of pupils in each class, the number of pupils in each class size range and the number of teachers in each school. The Primary Census for the 2009/2010 school year will be carried out in the Autumn and the final outcome will be made available when this process is completed.

Special Educational Needs. 1217. Deputy Finian McGrath asked the Minister for Education and Science if he will support the case of a person (details supplied) in Dublin 5. [30892/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, 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 (SNAs) to primary and post primary schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. Applications for SNAs may be considered by the NCSE where a pupil has a significant medical need for such assistance and where there are identified care needs arising from a diagnosed disability. A pupil’s level of care may diminish over time as the child matures. Pupils may move to a different school or on to post-primary school. In such situations, the NCSE will review and adjust the SNA support required in the school. This may mean that some pupils who had previously been supported by a full time SNA may have their needs met through the shared support of an SNA or perhaps they may have no need for SNA support. The NCSE will undertake to review a decision taken by a SENO on foot of a request from a school or parents/guardians, when accompanied by relevant additional information, which may not have been to hand at the time of the decision. The NCSE has outlined this process in its Circular 01/05. I have arranged for the information provided by the Deputy to be forwarded to the NCSE for their direct reply.

1218. Deputy John Cregan asked the Minister for Education and Science if he will consult with the special education support service to ensure that a person (details supplied) in County Limerick receives the proper learning supports; and if he will make a statement on the matter. [30902/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am assuming that the Deputy is referring to the National Council for Special Education (NCSE) which 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. The NCSE operates within my Department’s criteria in allocating such support. 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.

506 Questions— 16 September 2009. Written Answers

Teaching Qualifications. 1219. Deputy John Cregan asked the Minister for Education and Science if in respect of the present departmental ruling whereby it is necessary for newly qualified teachers to complete their higher diploma within five years of qualifying, he will consider an alternative system due to the lack of full-time teaching posts available; and if he will make a statement on the matter. [30905/09]

Minister for Education and Science (Deputy Batt O’Keeffe): In accordance with Circular 0140/2006, satisfactory completion of probation is a prerequisite for full recognition as a primary teacher and is contingent upon fulfilment of both service and professional requirements. Probation is normally completed after one full school year, but, in any event, must be completed within a period of five school years accumulated service from a teacher’s first appointment in a primary school to any post recognised for probationary purposes, whether in a permanent, temporary or substitute capacity. In the case of continuous service, where the professional requirements have been fulfilled, the probationary period terminates on the first anniversary of the date on which the teacher took up his/her first appointment in a post recognised for probationary purposes. In the case of broken service, where the professional requirements have been fulfilled, the probationary period terminates upon completion of 300 paid days service from the date of first appointment in a primary school to a post recognised for probationary purposes.

School Accommodation. 1220. Deputy Leo Varadkar asked the Minister for Education and Science further to Parliamentary Question No. 1234 of 9 July 2009, the outcome of the assessment; and if he will make a statement on the matter. [30912/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As outlined to the Deputy in response to Parliamentary Question No. 1234 of 9 July 2009, the Forward Planning Section of my Department is in the process of identifying the areas where significant additional accommodation will be needed at primary and post-primary level for future years. The area referred to by the Deputy will be included in this process. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet demand for places. As previously advised, decisions will be taken on the means by which emerging needs will be met within an area once these factors have been considered.

Site Acquisitions. 1221. Deputy Leo Varadkar asked the Minister for Education and Science the position regarding the acquisition of school sites and permanent buildings for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [30913/09]

1222. Deputy Leo Varadkar asked the Minister for Education and Science the position regarding the acquisition of school and permanent buildings for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [30914/09]

1223. Deputy Leo Varadkar asked the Minister for Education and Science the position regarding the acquisition of school and permanent buildings for a school (details supplied) in Dublin 15; and if he will make a statement on the matter. [30915/09]

507 Questions— 16 September 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1221 to 1223, inclusive, together. As the Deputy will be aware, Fingal County Council are pursuing the acquisition of permanent sites for the schools in question under the Fingal Memorandum Agreement. I am advised that the Local Authority are in negotiations with the relevant landowners for the acquisition of these sites and as such I am not in a position to comment further as the acquisition of same will be dependent on the successful outcome of negotiations held by the local authority.

1224. Deputy Leo Varadkar asked the Minister for Education and Science if the reserved site adjacent to a school (details supplied) in Dublin 15 has been transferred to his Department by Fingal County Council; his plans for the future use of the site; and if he will make a statement on the matter. [30916/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As the Deputy will be aware, the acquisition of the site in question is at Contract stage and I am advised that the Contracts are with the Chief State Solicitor’s Office. The Chief State Solicitor’s Office are engaged with the Local Authority’s Solicitors in relation to pre-contract enquiries and a response is awaited. As previously advised, the site is required to provide adequate play space for the school community.

Higher Education Grants. 1225. Deputy Mary Upton asked the Minister for Education and Science if he will address the issue of funding in the case of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [30919/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The decision on eligibility for student grants is a matter for the relevant assessing authority — i.e. the relevant local authority or Vocational Education Committee. The student referred to by the Deputy should seek information or clarification directly from the relevant assessing authority. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is required. Students are categorised according to their circumstances either as independent mature students, mature students residing with their parents or guardians, or as students other than mature students. In accordance with the Local Authorities (Higher Education Grants) Act 1992, a mature student is defined as a candidate who is at least 23 years of age on the 1st January of the year of entry or re-entry to an approved course. Where the applicant is not an independent mature student, the reckonable income to be determined for the purposes of the award of the maintenance grant is income from all sources of the candidate and his/her parents or guardians where applicable.

Educational Disadvantage. 1226. Deputy Ciara´n Lynch asked the Minister for Education and Science his plans to provide access to culture for children in DEIS primary schools following the withdrawal of funding; the reason funding was cut off to an organisation (details supplied); and if he will make a statement on the matter. [30922/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): My Department fully appreciates the importance of arts and culture to children’s education and personal development. The arts help to promote a child’s self esteem and enjoyment of learn-

508 Questions— 16 September 2009. Written Answers ing. They also provide an important vehicle for personal enrichment and cultural expression, as well as creating awareness and respect for other cultures. Working through the arts helps to nurture and develop cognitive, communicative, emotional, imaginative, aesthetic, social, and spiritual intelligences and skills. Learning through guided activity and discovery, with children as active agents in their own learning and enrichment, is a vital part of this process. This is why arts education, through Music, Visual Arts, and Drama, and of course, through language, forms an integral part of the primary curriculum. Schools in DEIS are particularly aware of the importance of the arts in addressing disadvantage, and in promoting success in learning. Many schools in DEIS use the flexible budgets they receive to promote integrated links with community arts organisations and to offer enrichment programmes in support of the curriculum. The company to which the Deputy refers is among a number of Theatre and Arts Groups that received funding from my Department over the last ten years to provide performances on relevant topics and drama/arts workshops in disadvantaged schools where the groups are located. This support was drawn from the Depart- ment’s educational disadvantage budget which is primarily focussed on assisting schools in their efforts to cater for the specific educational needs of children from disadvantaged backgrounds. With the introduction of the DEIS (Delivering Equality of Opportunity in Schools) programme in 2006, significant additional capitation funding was made and continues to be made available to the 876 schools in DEIS. DEIS is designed to ensure that schools serving the most disadvantaged communities benefit from the maximum level of support available. There is a need to focus targeted resources on the schools in most need and this approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that the Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities. In light of the current economic downturn the Department’s focus is to retain mainstream resources on core interventions in schools. Support for the Theatre Groups is not consistent with this focus and such spending cannot be regarded as a priority. While it is appreciated that the discontinuation of these resources will impact on the groups, given the extremely challenging economic circumstances, difficult decisions had to be made in order to contain public sector spending. As the main focus of Social Inclusion measures is to retain resources in DEIS schools, these schools may at their discretion choose to use some of their additional disadvantaged capitation to avail of the services provided by the Theatre Groups.

Question No. 1227 answered with Question No. 1195.

School Accommodation. 1228. Deputy Michael McGrath asked the Minister for Education and Science the position regarding an application by a primary school (details supplied) in County Cork for additional temporary accommodation and furniture. [30929/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that grant aid has been allocated to the school in question in respect of an additional prefabricated classroom and furniture.

Employment Support Services. 1229. Deputy Ruairı´ Quinn asked the Minister for Education and Science if he will provide a list of every course in every institution which is open to applications under the Higher Edu- cation Authority labour market activation programme; the number of successful applications

509 Questions— 16 September 2009. Written Answers

[Deputy Ruairı´ Quinn.] made by 8 September 2009; his plans to expand the range of courses on offer; and if he will make a statement on the matter. [30931/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The list of every course in every higher education institution that is open to applications under the Labour Market Activisation (LMA) part time undergraduate and postgraduate programme is listed in the following table. Applications for the 2,500 LMA courses (both undergraduate and postgraduate) are still open in many higher education institutions. The institutions are in the process of assessing applications and making offers while students are also in the process of making applications and considering offers (students may make multiple applications and therefore receive multiple offers of which only one can be accepted). Therefore, it is not possible at this point in the process to provide an accurate figure for the number of successful applications. However the total number of applications received to date across the sector has been high and the indications are that all places will be filled. Final information on applications and acceptances will be available once the approval and acceptances processes are completed in the higher education institutions. The scope to introduce further labour market activation initiatives in the third level sector is under consideration by my Department and the HEA and in the context of ongoing discussions with other Government Departments on developing appropriate upskilling training and education responses for unemployed people. It should also be noted that in addition to the 2,500 part time places which are being made available on the LMA courses, all full time higher education programmes can also be accessed by unemployed people. Unemployed people who secure a full-time third level place may be eligible to participate in the Department of Social and Family Affairs Back to Education Allow- ance Scheme. Under this scheme, unemployed people in full time education receive a Back to Education allowance which is equivalent to the maximum personal rate of the Job Seekers Allowance. Recipients also receive a Cost of Education allowance of \500 per annum. Unem- ployed people on full-time third level programmes may also be eligible for support under this Department’s Student maintenance Grant Scheme. Provision of grants is subject to a means test and other eligibility criteria. Further information on how to apply for a student maintenance grant is available on the Student Finance website: www.studentfinance.ie.

Panel Recommendations Call B

Programmes Intake

Institutes of Technology Athlone Institute of Technology Higher Diploma in Business

HEI Total 40

Institute of Technology Blanchardstown Higher Diploma in Science in Computing in Software Engineering Masters of Computing

HEI Total 30

Institute of Technology Carlow Higher Diploma in Business (Management)

HEI Total 20

510 Questions— 16 September 2009. Written Answers

Programmes Intake

Cork Institute of Technology Certificate in Advanced Software Development Certificate in Advanced Industrial Automation Certificate in Product Design and Development Certificate in Environmental and Energy Engineering Certificate in Chemical and Biopharmaceutical Engineering Certificate in Embedded Systems Engineering

HEI Total 75

Dublin Institute of Technology Postgraduate Certificate in Energy Management Postgraduate Diploma in Energy Management MSc in Energy Management Postgraduate Certificate in Pharmaceutical and Chemical Process Technology Postgraduate Certificate in Software Development

HEI Total 130

Dun Laoghaire Institute of Art, Design and Technology Postgraduate Diploma in Digital Media

HEI Total 10

Dundalk Institute of Technology Higher Diploma in Science and Computing Higher Diploma in Business in Small Enterprise Support

HEI Total 40

Letterkenny Institute of Technology Higher Diploma in Computing Higher Diploma in Arts in Financial Services Technologies Postgraduate Diploma in Accounting

HEI Total 40

Institute of Technology Sligo Masters of Science in Quality Management and Technology Postgraduate Diploma in Biopharmaceutical Science

HEI Total 30

Institute of Technology Tallaght Dublin MSc Information Technology Management Postgraduate Diploma — Information Technology Management MSc — Pharmaceutical Production Higher Diploma in Pharmaceutical Production

HEI Total 45

Waterford Institute of Technology Higher Diploma in Computing — Business Systems Analysis Masters in Electronic Engineering Masters of Science — Sustainable Energy Engineering Master of Engineering Science in Innovative Technologies

HEI Total 40

511 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] Programmes Intake

Universities University College Dublin Graduate Certificate in Entrepreneurship “Dare to Venture” Graduate Certificate in ICT Skills Graduate Certificate in NanoBio Science Graduate Certificate in Green Technologies Graduate Certificate in Sustainable Agriculture and Rural Development

HEI Total 190

University College Cork Postgraduate Diploma in Biotechnology Postgraduate Diploma in Computing Science

HEI Total 20

NUI Galway Postgraduate Diploma in Enterprise Management Postgraduate Diploma in International Business MSc (Business Information Systems) MSc (Accounting) Postgraduate Diploma in Technology Commercialisation

HEI Total 43

NUI Maynooth MA in Accounting MSc Economic and Financial Risk Analysis Postgraduate Diploma in Electronic Engineering/ Postgraduate Diploma in Electronic Engineering majoring in Biomedical Science Higher Diploma in Information Technology Higher Diploma in Mathematics Higher Diploma in Statistics

HEI Total 65

Dublin City University Graduate Certificate/Graduate Diploma in Science Education Graduate Diploma in Plasma and Vacuum Technology Graduate Certificate in Corporate Treasury MSc in Investment, Treasury and Banking (1) Msc in Information Systems Strategy, (High ICT content) (2) MSc in Internet Systems, (High ICT content) (3) MSc in Operations (Low ICT content) (Exit Points at Graduate Certificate and Graduate Diploma)

HEI Total 36

Trinity College Dublin Postgraduate Diploma in Computing with Advanced Interdisciplinary Outlook Postgraduate Diploma in Computing (Conversion) with Interdisciplinary Outlook

HEI Total 25

512 Questions— 16 September 2009. Written Answers

Programmes Intake

Shannon Consortium University of Limerick Specialist Diploma in Web Application Development Specialist Diploma in Lean Healthcare Specialist Diploma in Lean Sigma Systems Specialist Diploma in Technology Commercialisation Specialist Diploma in Project Management Specialist Diploma in International Financial Services

HEI Total 100

Limerick Institute of Technology M.Sc. in Computing

HEI Total 10

Institute of Technology Tralee Certificate in Business Information Systems

HEI Total 10

Overall Total 999

Schools Building Projects. 1230. Deputy Michael McGrath asked the Minister for Education and Science if he will respond to correspondence submitted to his Department regarding a primary school (details supplied) in County Cork. [30940/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers has applied for large scale capital funding for an extension project. The application has been assessed and assigned a band rating of 2.2. I can confirm that a reply has issued directly to the Deputy in relation to the correspondence to which he refers.

School Transport. 1231. Deputy Paul Connaughton asked the Minister for Education and Science if a decision has been made on a request to move a pick-up point closer to the home of a person (details supplied) in County Galway; if his attention has been drawn to the fact that such a change will benefit two other families; and if he will make a statement on the matter. [30943/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): Primary school transport routes are planned so that, as far as possible, no eligible child will have more than 2.4 kilometres to travel to a pick-up point. Pupils living off the main route of a service are expected to make their own way, or to be brought to convenient pick-up points along the main route. Home pick-ups were never envisaged as being part of the Primary School Transport Scheme. Bus E´ ireann, which is responsible for the operation of the school transport scheme, on behalf of my Department, has advised that the pupil referred to by the Deputy, in the details supplied, resides 0.6 kilometres from the existing pick up point. Bus E´ ireann has also advised that two children in another family reside 0.7 kilometres from the existing pick up point. The families concerned should liaise with their local Bus E´ ireann office regarding the availability of a payable extension to the current service. 513 Questions— 16 September 2009. Written Answers

Residential Institutions Redress Scheme. 1232. Deputy Michael Ring asked the Minister for Education and Science if he will introduce an amendment to the Residential Institutions Redress Act 2002, to allow for an application to be continued by a parent or siblings of the deceased. [30970/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Residential Institutions Redress Act, 2002, currently allows for the children or spouse of a former resident to continue with an application to Board where the applicant dies after making the application but before a determination is made by the Board. There is no provision to allow any other family member, such as parents or siblings, to continue with the application in such circumstances. The primary focus of the Redress Scheme was the provision of financial redress to persons who had suffered abuse while resident in certain institutions. As with any such scheme,of necessity there must be restrictions and, while the Government makes an effort to have such schemes as inclusive as possible, this must be balanced with the financial exposure of the taxpayers of the country. In the case of the Redress Board, the Government, in allowing spouses and children to proceed with the applications was attempting to strike this balance. In the circumstances, I therefore have no plans to amend the legislation for the purpose referred to by the Deputy.

Third Level Charges. 1233. Deputy Jim O’Keeffe asked the Minister for Education and Science if his attention has been drawn to the difficulties that have arisen, in particular for first year college students, who due to the delays in notification of the Higher Education Authority scheme to local authorities for 2009, have not yet been issued with their letter of grant award and consequently have been told by college authorities that they must pay registration fees of \1,500 up front; and if he will make arrangements to ensure this problem is dealt with. [31002/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Where a candidate qualifies for a maintenance grant, and is pursuing an approved course to which the Free Fees Initiative applies, the assessing authorities will award a grant in respect of the Student Services Charge. This grant — of up to \1,500 for 2009/10 — is paid directly to the institution by the assessing authority. A student approved for grant assistance will receive an award letter from their assessing authority which they should produce to the fees office of their institution. The institution will then invoice the relevant assessing authority accordingly. Any student who has already commenced their course and paid their student services charge, who is subsequently approved for grant assistance under the grant scheme, will be reimbursed by their institution to the value of student services charge invoiced to, and paid by, the assessing authority under the relevant grant scheme. The organisation and management of student support scheme grants is a matter for individual Vocational Educational Committees and Local Authorities. These bodies seek to ensure that students get decisions on their grant applications and are paid as soon as possible. It is essential that students return fully completed application forms and all necessary supporting documentation as early as possible to enable decisions to be made with regard to entitlement.

Higher Education Grants. 1234. Deputy Ruairı´ Quinn asked the Minister for Education and Science if his Department has been slow to pay moneys for student grants to local authorities; his views on the difficulties that have occurred with Sligo County Council in relation to receiving payment from his Depart-

514 Questions— 16 September 2009. Written Answers ment; if Committee Stage of the Student Support Bill 2008 will be taken during this Da´il term; and if he will make a statement on the matter. [31012/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The normal procedure for the recoupment of funding paid by local authorities in respect of first instalment of the maintenance grant is that the Department sends out the recoupment form to local authorities during the first week in November for return to the Department by the third week in November. The recoupment arrangements are being kept under continuous review particularly in light of the current economic climate, where grant assessing authorities may face additional challenges in terms of financial management. The Department received a representation from Sligo County Council on 24th August 2009 requesting the co-operation of the Department to advance moneys to the local authority in order to facilitate paying eligible students for the first grant instalment of 2009/10. The Depart- ment responded to Sligo County Council on the 31st August forwarding a claim form for the first recoupment of the 2009/10 academic year in order to facilitate the local authority in making an early claim. Sligo County Council was advised that this early claim would be given high priority once received. I understand that the claim in respect of the first instalment was subsequently received from Sligo County Council on 11 September, allowing for processing of the claim. The current position in relation to the Student Support Bill is that resources are not currently available to advance transition to new administrative arrangements in the immediate future. However, I am anxious to progress to a single scheme of grants as provided for in the Bill at the earliest possible date, while further exploring the options for administrative streamlining in the context of budgetary considerations and the Government’s overall programme of public service reform, Transforming Public Services. This will require a number of amendments to the Bill and my Department has been working closely with the Office of the Attorney General in that regard. Subject to any technical, drafting and legal considerations arising, I hope to be in a position to have these amendments advanced sufficiently in order to progress to Committee Stage in the autumn session.

Schools Refurbishment. 1235. Deputy John McGuinness asked the Minister for Education and Science if the contract cost and detail has been agreed for the school extension and refurbishment at a school (details supplied) in County Kilkenny; when the project will commence; the time frame involved; and if he will make a statement on the matter. [31016/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently at Stage 2b (Detailed Design). The Design Team’s Stage 2b submission has been examined by my Department and a number of issues have been raised. The Board of Management and Design Team have been requested to confirm in writing when all the issues have been addressed, and confirm full compliance. Upon receipt of the necessary confirmations, the project will be considered for progression to Tender Stage.

School Transport. 1236. Deputy John McGuinness asked the Minister for Education and Science if the school bus route servicing areas in County Kilkenny will be amended to provide a direct service to families living in same areas; and if he will make a statement on the matter. [31017/09]

515 Questions— 16 September 2009. Written Answers

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The Transport Liaison Officer for County Kilkenny or Bus E´ ireann have no record of any queries on file in respect of families living in the areas referred to by the Deputy. If the Deputy supplies the names of the families/schools in question, my Department will investigate the circumstances and advise him of the outcome.

Question No. 1237 answered with Question No. 1131.

Higher Education Grants. 1238. Deputy Michael Ring asked the Minister for Education and Science if he will provide the maintenance grant in respect of courses (details supplied) in view of the fact that funding for this has been withdrawn. [31042/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The courses referred to by the Deputy are not eligible courses under my Department’s student maintenance grant schemes, which provide for grants only on a means-tested basis. I understand that discussions are currently ongoing between Fa´ilte Ireland, Institutes of Technology Ireland and the Higher Edu- cation Authority in relation to the future management and administration of these courses and the levels of award to be made to graduating students.

Schools Building Projects. 1239. Deputy Niall Collins asked the Minister for Education and Science the status of a building project (details supplied) in County Limerick; and if he will make a statement on the matter. [31216/09]

1240. Deputy Michael D’Arcy asked the Minister for Education and Science the number of schools funded by his Department of two, three and four classroom size which need new buildings or extensions, on a county basis; the cost to his Department of each project outside of the devolved grant aid scheme; and if he will make a statement on the matter. [31217/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Information in respect of the current school building programme along with all applications for major capital works, including those to which the Deputy refers, are now available, on a county basis, on my Department’s website at www.education.ie. The Department does not classify applications by school size as projects are prioritised and progressed on the basis of need rather than on school size. Details in relation to the costs associated with individual school projects would only be available if and when projects are approved by my Department to proceed and a tender price is accepted.

Departmental Staff. 1241. Deputy Niall Collins asked the Minister for Education and Science if civil servants from his Department who are members of boards of agencies, including commercial and non- commercial State bodies, or who hold other positions with these agencies under the aegis of his Department, receive a fee, salary or remuneration and expenses for holding such a position or positions; if this is surrendered to his Department as their direct employer; his policy in this regard; and if he will make a statement on the matter. [31226/09]

516 Questions— 16 September 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): In accordance with the Civil Service Code of Standards and Behaviour officials of my Department who, as an integral part of their official duties, are members of boards of agencies under the aegis of my Department do not receive payment other than appropriate travel and subsistence expenses.

Question No. 1242 answered with Question No. 1149.

Schools Building Projects. 1243. Deputy Sea´n Sherlock asked the Minister for Education and Science the status of an application for funding for a new school by a school (details supplied) in County Cork; if he will clarify if there is a devolved grant or mechanism by which the new school can be funded; and if he will make a statement on the matter. [31240/09]

1244. Deputy Sea´n Sherlock asked the Minister for Education and Science the current status of an application for funding for a new school by a school (details supplied) in County Cork; if he will clarify if there is a devolved grant or mechanism by which the new school can be funded; and if he will make a statement on the matter. [31241/09]

1245. Deputy Sea´n Sherlock asked the Minister for Education and Science if he will expedite an application by a school (details supplied) in County Cork for works under the capital works programme; and if he will make a statement on the matter. [31250/09]

517 Questions— 16 September 2009. Written Answers

Question No. 1246 answered with Question No. 1158.

1247. Deputy Sea´n Sherlock asked the Minister for Education and Science the current status of an application for a new school building by a school (details supplied) in County Cork; and if he will make a statement on the matter. [31254/09]

1248. Deputy Sea´n Sherlock asked the Minister for Education and Science when he will give the go ahead to a school (details supplied) in County Cork that has been waiting for more than ten years for a new school to proceed to design stage; and if he will make a statement on the matter. [31258/09]

518 Questions— 16 September 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): Schedules of overall accommodation for the school to which the Deputy refers have been agreed with Co. Cork Vocational Education Committee to cater for a long term enrolment of 325 pupils. The progression of all large scale building projects, including these projects, from initial design stage through to construction phase will be considered in the context of my Depart- ment’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of these projects at this time. In the meantime, it is open to the school to apply under the Summer Works Scheme for works to provide access for all pupils.

Grant Payments. 1249. Deputy John Cregan asked the Minister for Education and Science if he will provide funding for the provision of much needed white boards and physical education equipment; and if he will make a statement on the matter. [31264/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Standard whiteboards cost in the region of \110/\150 depending on size. In respect of standard whiteboards and furniture in general existing schools may apply for funding to my Department under the Furniture and Equipment Grant Scheme. My Department is committed to the provision, maintenance and modernisation of physical education and physical activity facilities in our schools for our children and young people. New curricula are in place for PE in primary schools and at Junior Cert level. Primary schools received \2000 each in PE equipment grants in 2006, at a total cost of \6.5 million. A similar grant of \4,000 per school, at an overall cost of around \3 million, issued to post-primary schools in 2007. In addition, since 2000 my Department has provided in excess of \5.5m in grant-aid to primary schools to facilitate the provision of coaching or mentoring in connection with physical education or to purchase resource materials associated with the provision of physical education. Such materials and equipment would normally have a useful life of several years. It is also open to primary schools to use their annual minor works grant to purchase items of furniture and/or equipment. Individual primary schools received a grant in the sum of \5,500 plus \18.50 per pupil for the current school year.

Schools Building Projects. 1250. Deputy Joe Carey asked the Minister for Education and Science the position regarding the application for development and upgrade of a school (details supplied) in County Clare; and if he will make a statement on the matter. [31265/09]

519 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time. I am pleased to be able to confirm to the Deputy that the school recently received approval for grant aid for the provision of an additional classroom.

Question No. 1251 answered with Question No. 1195.

Question No. 1252 answered with Question No. 1200.

1253. Deputy Olivia Mitchell asked the Minister for Education and Science the status of the funding application for the replacement school by a school (details supplied) in Dublin 16; when a decision will be available; and if he will make a statement on the matter. [31329/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The building project for the schools to which the Deputy refers is currently at an advanced stage of architectural planning. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie. My Department recently granted approval to the schools in question to seek planning permission and a fire safety certificate with the Local Authority. Further progression of this project through to tender and construction will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the Department’s capital budget, it is not possible to give an indicative timeframe for the further progression of the project at this time.

Higher Education Grants. 1254. Deputy Denis Naughten asked the Minister for Education and Science the charges he will introduce to the higher education grant scheme from 2010 onwards; the changes proposed for independent mature candidates; and if he will make a statement on the matter. [31349/09]

Minister for Education and Science (Deputy Batt O’Keeffe): When I announced details of the student maintenance grant schemes for the 2009/2010 academic year I also gave notice that, with effect from the start of the 2010/11 academic year, further changes will be introduced. These include:

• Some social welfare allowances, including the Back to Education Allowance which had been excluded in the means-testing process, will be included as reckonable income in assessing eligibility for student grants;

• The income tax adjustment for farm stock relief will be disregarded in calculating reckonable income for means-testing purposes;

• The residency requirement in the State for grant eligibility will be increased from one year to three out of the past five years for the student — a move that’s in line with provisions already outlined in the Student Support Bill;

520 Questions— 16 September 2009. Written Answers

• The duration of the break in studies required for re-entry as an independently assessed mature student will be increased from one year to three years.

I announced these changes for the 2010/11 academic year so that students and their families are notified well in advance. The new measures will ensure better equity and equality in calculating eligibility to student maintenance grants so that we can continue to target public resources at those who need them most. As in previous years a review of the terms and conditions for the 2010 maintenance grant schemes will be evaluated as part of the annual review undertaken by my Department.

Languages Programme. 1255. Deputy Denis Naughten asked the Minister for Education and Science if the inspectorate of his Department has completed its evaluation of the provision of English as an additional language; the conclusions of this evaluation; the steps being taken to implement its recommendations; and if he will make a statement on the matter. [31352/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Inspectorate conducted a thematic evaluation of the provision for English as an Additional Language (EAL) in 30 primary schools and 15 post-primary schools during the period September to December 2008. The inspections focused on the quality of provision, planning and support for EAL students and included evaluation of the teaching and learning of EAL students in both EAL support classes and mainstream classes in the sample of schools. The views of a large sample of pupils and parents were captured through questionnaires. Following the in-school evaluation activity the inspector(s) provided oral feedback on the outcomes of the evaluation to the principal and teachers, and also to the board of management in the case of primary schools. Each school was subsequently issued with an individual report setting out the findings and recommendations relating to EAL provision in the school. A significant number of the evaluation reports have been published on the Department’s website (www.education.ie). The remaining individual reports will be available on the website when they have passed through all stages of the publication process. The Inspectorate’s Evaluation Support and Research Unit is currently analysing the data emanating from the various components of this thematic evaluation of EAL. Emerging trends are in the process of being identified for inclusion in the Inspectorate’s composite reports on the quality of EAL provision which will be published on the Department’s web site in 2010.

Schools Building Projects. 1256. Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31359/09]

521 Questions— 16 September 2009. Written Answers

1257. Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31360/09]

1258. Deputy Denis Naughten asked the Minister for Education and Science the status of a building application by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31361/09]

522 Questions— 16 September 2009. Written Answers

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

1259. Deputy Denis Naughten asked the Minister for Education and Science the status of an application to the primary school building unit by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31362/09]

1260. Deputy Denis Naughten asked the Minister for Education and Science the status of an application to the primary school building unit by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31363/09]

523 Questions— 16 September 2009. Written Answers

1261. Deputy Denis Naughten asked the Minister for Education and Science the status of a primary school building unit application by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31364/09]

1262. Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the primary school building unit; and if he will make a statement on the matter. [31365/09]

1263. Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the primary school building unit; and if he will make a statement on the matter. [31366/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school to which the Deputy refers was one of ten projects announced to be re-tendered in January 2009. In order to prepare

524 Questions— 16 September 2009. Written Answers for tender and to comply with the new form of Government contract, the school was required to submit a new Stage 2b (detailed design). Following the receipt and clearance of the Stage 2b submission, the project was authorised to go tender in May and a tender report was received by the Department in July. The Depart- ment wrote to the school in August with its comments on the Tender Report and requested that a revised Tender Report be submitted. A revised Tender Report was received in my Department recently. This revised Report will be assessed as soon as possible and the project will be considered for progression to the next stage i.e. the award stage.

1264. Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the post-primary school building unit; and if he will make a statement on the matter. [31367/09]

1265. Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the post-primary school building unit; and if he will make a statement on the matter. [31368/09]

525 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

1266. Deputy Denis Naughten asked the Minister for Education and Science the status of an application by a school (details supplied) in County Roscommon to the post-primary school building unit; and if he will make a statement on the matter. [31369/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, are now available on my Departments website at www.education.ie. The project is at an advanced stage of architectural planning and my Department is currently assessing a stage 2(b) submission from the Design Team. Stage 2(b) is the immediate precursor to tender and construction. Following review of the Stage 2(b) submission my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

1267. Deputy Denis Naughten asked the Minister for Education and Science the status of a post-primary school building unit application by a school (details supplied) in County Leitrim; and if he will make a statement on the matter. [31370/09]

1268. Deputy Denis Naughten asked the Minister for Education and Science the status of an application to the post-primary school building unit by a school (details supplied) in County Leitrim; and if he will make a statement on the matter. [31371/09]

526 Questions— 16 September 2009. Written Answers

Minister for Education and Science (Deputy Batt O’Keeffe): The post primary school project referred to by the Deputy is included in the list of seven schools which I have approved for inclusion in the 3rd Bundle of schools to be procured via Public Private Partnership. This Bundle is in the pre procurement stage and my Department has completed a round of stakeholders’ meetings in each of the locations where PPP schools are to be provided. A detailed output specification and Public Sector Benchmark is currently being prepared. In addition applications for outline planning permission have recently been submitted to the local authorities in respect of a number of the locations, including the one referred to by the Deputy. On successful completion of this process, the Bundle will be handed over to the National Development Finance Agency (NDFA) for procurement. The indicative timeframe for the delivery of a PPP school currently stands at approximately 4 years from the date the Bundle is announced.

1269. Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a school building by a school (details supplied) in County Galway; and if he will make a statement on the matter. [31372/09]

1270. Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a new school building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31373/09]

527 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

1271. Deputy Denis Naughten asked the Minister for Education and Science the status of an application for a new school building by a school (details supplied) in County Roscommon; and if he will make a statement on the matter. [31374/09]

Capitation Grants. 1272. Deputy Denis Naughten asked the Minister for Education and Science her plans to address the discrepancy in the level of funding provided to voluntary second level schools and those in the community and comprehensive sector; and if he will make a statement on the matter. [31379/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The funding arrangements made by my Department for second-level schools reflect the sectoral division of our second- level system. At the core of all arrangements is reliance upon capitation as the principal deter- minant of funding. My Department provides funding to secondary schools by way of per capita grants, which affords schools considerable flexibility in the use of these resources to cater for the needs of their pupils. There have been significant improvements in recent years in the level of funding for voluntary secondary schools. With effect from January 2009, the standard per capita grant was increased by \14 per pupil and now amounts to \345 per pupil. In addition, voluntary secondary schools have benefited by the increase of \8 per pupil in 2009 in the support services grant bringing that grant to \212 per pupil.

528 Questions— 16 September 2009. Written Answers

The cumulative increase of \22 per pupil in a voluntary secondary school brings the aggregate grant to \557 per pupil. These grants are in addition to the per capita funding of up to \40,000 per school that is also provided by my Department to secondary schools towards secretarial and caretaking services. For example, in the case of a secondary school with 500 pupils, this brings annual grants towards general expenses and support service to over \318,500. The corresponding figure in 2000 was approximately \147,300. Budget allocations for schools in the Community and Comprehensive school sector, along with those in the VEC sector, are increased on a pro rata basis in line with increases in the per capita grant paid to voluntary secondary schools. All schools are eligible for recurrent per capita grants towards special classes and curricular support grants. My Department has provided an estimated \18.4 million per annum to voluntary secondary schools in equalisation funding to date. These significant increases in the funding of post-primary schools are a clear demonstration of the Government’s commitment to prioritise available resources to address the needs of schools. I will consider how best to complete the process of equalisation of funding at second level, as envisaged in the Programme for Government 2007-2012, having regard to available resources.

Question No. 1273 answered with Question No. 1204.

School Accommodation. 1274. Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the construction of additional classrooms under the permanent accommodation scheme; when same will be completed at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [31430/09]

Minister for Education and Science (Deputy Batt O’Keeffe): In 2007 the school in question received approval to build additional classrooms under the devolved Permanent Accom- modation Scheme (PAS) and a grant on this basis was approved. The Board of Management was subsequently approved extra funding in relation to additional costs arising on the project. The project is under construction at present.

Schools Building Projects. 1275. Deputy Bernard J. Durkan asked the Minister for Education and Science the progress over the summer 2009 period with regard to the construction of new school and extra facilities at Kill, County Kildare; if same is on target to be completed within 12 months; and if he will make a statement on the matter. [31431/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The new primary school in Kill commenced on site in June 2009 it is envisaged that it will be ready for occupation in September 2010.

1276. Deputy Bernard J. Durkan asked the Minister for Education and Science the position regarding an application for a new school submitted by a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31515/09]

1278. Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for

529 Questions— 16 September 2009. Written Answers

[Deputy Bernard J. Durkan.] large-scale capital funding which they applied for in 2000; and if he will make a statement on the matter. [31517/09]

1279. Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large-scale capital funding which they applied for in 2006; and if he will make a statement on the matter. [31518/09]

1280. Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large-scale capital funding which they applied for in 2004; and if he will make a statement on the matter. [31519/09]

1286. Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under the application for large-scale capital funding in view of increased demands on the school; and if he will make a statement on the matter. [31525/09]

1292. Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in Co. Kildare will be granted funding under the application for large- scale capital funding in view of ongoing increased demands on the school; and if he will make a statement on the matter. [31531/09]

1293. Deputy Bernard J. Durkan asked the Minister for Education and Science when a school (details supplied) in County Kildare will be granted funding under an application for large-scale capital funding for the provision of a major extension to include additional classroom accommodation in view of increased demands on the school; and if he will make a statement on the matter. [31532/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I propose to take Questions Nos. 1276, 1278 to 1280, inclusive, 1286, 1292 and 1293 together. I can confirm that the schools to which the Deputy refers have made applications to my Department for large scale capital funding. The applications has been assessed in accordance with the published prioritisation criteria for large scale building projects and assigned an appropriate band rating. Information in respect of the current school building programme along with all assessed applications for major capital works, including the projects referred to by the Deputy, are now available on my Departments website at www.education.ie. The priority attaching to individual projects is determined by published prioritisation criteria, which were formulated following consultation with the Education Partners. There are four band ratings under these criteria, each of which describes the extent of accommodation required and the urgency attaching to it. Band 1 is the highest priority rating and Band 4 is the lowest. Documents explaining the band rating system are also available on my Department’s website. The progression of all large scale building projects, including the projects in question, from initial design stage through to construction phase will be considered in the context of my Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the projects at this time.

530 Questions— 16 September 2009. Written Answers

1277. Deputy Bernard J. Durkan asked the Minister for Education and Science the position regarding the construction of the extension to a school (details supplied) in County Kildare; if same is on target to be completed by the end of 2009; if delays are anticipated; if so, the reason for same; and if he will make a statement on the matter. [31516/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the new school in question to cater for 1000 pupils is complete and is currently in operation

Questions Nos. 1278 to 1280, inclusive, answered with Question No. 1276.

1281. Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the construction of six classrooms at a school (details supplied) in County Kildare; if the project is on target to be completed in the next three months; and if he will make a statement on the matter. [31520/09]

Minister for Education and Science (Deputy Batt O’Keeffe): A two classroom extension plus ancillary accommodation was completed at the school referred to by the Deputy earlier this year. A further 6 classrooms are currently under construction and it is envisaged that they will be completed by the end of 2009. When the current extension is completed the school will be a 24 classroom school.

1282. Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to construction of permanent facilities for a school (details supplied) in County Kildare; and if he will make a statement on the matter. [31521/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that a new permanent 16 classroom school for the school in question opened in September 2009.

1283. Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to extra classroom accommodation at a school (details supplied) in County Kildare; if the funding was drawn down; if same was used for prefab accommodation or permanent classroom accommodation; and if he will make a statement on the matter. [31522/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The school in question was approved funding last May for the purchase of a prefabricated classroom with the option to provide instead a permanent room for the same funding. The school has indicated to my Department that it intends providing a permanent room instead of a prefab. No funding been drawn down to date.

1284. Deputy Bernard J. Durkan asked the Minister for Education and Science the position in relation to the application for an extension to a school (details supplied) in County Kildare in view of the fact that stage 2b was submitted by the school to his Department some time ago; and if he will make a statement on the matter. [31523/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Tenders for the project referred to by the Deputy were invited and responses from interested contractors were due back to the school’s Design Team on 2nd September 2009. Once the Design Team has assessed the tenders, it will prepare a Tender Report and forward it to the Department for assessment. When the Tender Report is received and assessed, the project will then be considered for progression to the next stage i.e. the award stage.

531 Questions— 16 September 2009. Written Answers

1285. Deputy Bernard J. Durkan asked the Minister for Education and Science the progress to date in relation to building works at a school (details supplied) in County Kildare in view of the fact that tenders were submitted over the summer 2009 months; and if he will make a statement on the matter. [31524/09]

Minister for Education and Science (Deputy Batt O’Keeffe): As part of the expansion of the Permanent Accommodation Scheme 2007, a capital grant was sanctioned to the school in question to enable the management authority to provide 4 additional resource rooms. As a devolved scheme, it is a matter for the Board of Management and its Consultant to progress the matter. However, I understand that the contractor has recently commenced on site.

Question No. 1286 answered with Question No. 1276.

1287. Deputy Bernard J. Durkan asked the Minister for Education and Science the estimated schedule for the provision of necessary works at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [31526/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the school in question has been recently authorised to issue a Letter of Acceptance to the lowest tenderer and it is envisaged that work should commence on site by the end of this month.

1288. Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received submission of stage 2b documentation from a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31527/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie. My Department is currently awaiting the submission of the stage 2(b) documentation from the Design Team for the project at this school. Following receipt and review of the Stage 2(b) submission my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

1289. Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received submission of stage 2b documentation from a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31528/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie. The Stage 2b documentation to which the Deputy refers was very recently received by my Department and is currently under consideration. My Department will revert to the school on the next steps towards tender and construction when the stage 2(b) submission has been reviewed.

532 Questions— 16 September 2009. Written Answers

1290. Deputy Bernard J. Durkan asked the Minister for Education and Science if he has received submission of stage 2b documentation from a school (details supplied) in County Kildare; his plans to progress same in the next six months; and if he will make a statement on the matter. [31529/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am pleased to inform the Deputy that the project at the school to which he refers was included in my announcement earlier this year of 43 projects to proceed to tender and construction. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie. he Stage 2b documentation to which the Deputy refers was recently received by my Depart- ment and is currently under consideration. My Department will revert to the school on the next steps towards tender and construction when the stage 2(b) submission has been reviewed.

1291. Deputy Bernard J. Durkan asked the Minister for Education and Science the position on foot of retendered proposals resubmitted by a school (details supplied) in County Kildare to his Department in June 2009; his plans to progress same in the sext six months; and if he will make a statement on the matter. [31530/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I am please to inform the Deputy that the school in question has recently been authorised to issue a Letter of Acceptance to the lowest tenderer and it is envisaged that work should commence on site by the end of this month. Questions Nos. 1292 and 1293 answered with Question No. 1276.

Schools Patronage. 1294. Deputy Ruairı´ Quinn asked the Minister for Education and Science if, after over twelve months of reviewing the broader strategy regarding patronage in schools at second level and the imposition of a moratorium on recognising new schools, he has come to a decision on his strategy; if his attention has been drawn to the recent figures from the Central Statistics Office which indicate that there will be a substantial increase in the school going population in both primary and secondary schools over the next five years; the measures he is taking to ensure there will be sufficient schools to accommodate all pupils physically while respecting the wishes of their parents with regard to school patron and ethos; and if he will make a statement on the matter. [31542/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Given the current trend of increasing student population and the need to ensure maximum benefit from the financial resources available to me, my Department is currently examining a number of broad policy issues relating to school recognition at second level. This examination will have regard to the objectives of the 1998 Education Act, one of which is to promote the rights of parents to send their children to a school of the parents’ choice while having regard to the rights of patrons and the effective and efficient use of resources. As the Deputy is aware, in September 2008 I instructed that a review of the procedures for the establishment of new primary schools be undertaken by the Commission on School Accommodation. The Technical Working Group established under the Commission to undertake this review commenced its work in December 2008. It is expected that the review of procedures for recognising primary schools will be complete and revised arrangements will be in place within a two year timeframe of the commencement

533 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] of the review process. In the interim it is not proposed to recognise any new primary schools, except in areas where the increases in pupil numbers cannot be catered for in existing schools and which require the provision of new schools. In the interim period and while the review is ongoing, the Forward Planning Section of my Department has carried out a study of the country to identify the areas where, due to demographic changes, there may be a requirement for significant additional school provision at both primary and post-primary levels over the coming years. This study has been conducted using data from the Central Statistics Office, the General Register Office and the Department of Social & Family Affairs in addition to recent schools’ enrolment data. The study indicates that the requirement for additional primary provision in years 2010, 2011 and 2012 is likely to be greatest in more than 40 selected locations across the country based on significant changes to the demographics of those areas. This information has been circulated to all existing school Patrons who have been invited to bring forward proposals for the expansion of existing schools or indeed to put themselves forward as Patron for any new primary school, should it be required. The requirement for the establishment of new schools will of course be lessened where it is possible to expand and extend existing schools in those areas. The Forward Planning Section of my Department is in the process of carrying out detailed analysis and reports for each of these locations in order to identify the school accommodation requirements for each area up to and including the school year 2014/2015.

Disadvantaged Status. 1295. Deputy John O’Mahony asked the Minister for Education and Science the reason a school (details supplied) in County Mayo had its DEIS status removed; and if he will make a statement on the matter. [31565/09]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The school to which the Deputy refers is among a number of schools that were judged by an independent identification process in 2005 not to have a sufficient level of disadvantage among their pupils to warrant their inclusion in DEIS (Delivering Equality of Opportunity in Schools), the Action Plan for Educational Inclusion. A review mechanism was put in place in 2006 to address the concerns of schools that did not qualify for inclusion in DEIS but regarded themselves as having a level of disadvantage which was of a scale sufficient to warrant their inclusion in the programme. The review process operated under the direction of an independent person, charged with ensuring that all relevant identification procedures were properly followed in the case of schools applying for a review. The review was concluded and the results were notified to schools in August 2006. The school in question applied for a review at that time but regrettably the school was unsuccessful in qualifying for inclusion in DEIS. This school retained resources both human and financial under pre-existing schemes and programmes for addressing educational disadvantage. When DEIS was introduced, a commitment was given as a concessionary measure to this and a number of other schools in similar circumstances, that they would retain a level of support for the duration of the DEIS Initiative. Given the current challenging economic climate, difficult decisions had to be made in Budget 2009 in order to contain public sector spending. One of these decisions was to advance the withdrawal of additional disadvantaged supports from non-DEIS schools from the end of the 2008/2009 school year. From the beginning of this school year these schools will be supported

534 Questions— 16 September 2009. Written Answers at a level commensurate with all other schools with similar enrolments and levels of disadvantage which had not enjoyed additional supports from other schemes. The main focus of Social Inclusion measures will be to retain resources in DEIS schools. There is a need to focus targeted resources on the schools in most need and this approach is in line with the broad thrust of the recommendations of the Comptroller and Auditor General which are set out in his report on Primary Disadvantage of 2006, which recommended that my Department should focus its educational disadvantage measures on those schools serving the most disadvantaged communities.

Departmental Expenditure. 1296. Deputy Damien English asked the Minister for Education and Science the amount of money spent on advertising and promotions in his Department and each agency under his aegis for each of the years 2004, 2005, 2006, 2007 and to date in 2009 in tabular readable form; and if he will make a statement on the matter. [31575/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The value of advertising placed by my Department for each of the years 2004-2008 and to date in 2009 is as follows: 2009 to end August — \46,000; 2008 — \340,000; 2007 — \816,000; 2006 — \800,000; 2005 — \504,000; 2004 — \790,000. My Department advertises for a wide range of educational related schemes and programmes. In general the advertising costs include expenditure in the following categories: Staff appointments in the education sector; Invitations to attend local hearings; Invitations to forward submissions on education related schemes/projects; Invitations to tender for school building projects. In relation to promotion campaigns, a sum of \ 114,578.31 was spent in 2004 for advice, support and assistance for the “Your Education System” (Y.E.S.).campaign. In 2006 a sum of \79,238.04 was spent on a promotion campaign entitled “Men as teachers and educators”. With regard to the bodies under the aegis of my Department, the expenditure incurred on advertising and promotions is a matter for each agency. This information is not collated centrally by my Department. If the Deputy has a particular advertising/ promotions campaign in mind in respect of agencies, I would be happy to have my officials obtain the relevant details and communicate them to the Deputy.

Schools Building Projects. 1297. Deputy Charlie O’Connor asked the Minister for Education and Science if he will report on his dealings in respect of the building programme at a school (details supplied) in Dublin 24; if he will provide assurances that all the concerns of the board are being addressed; and if he will make a statement on the matter. [31587/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Department has introduced a number of devolved grant schemes in recent years with a view to devolving responsibility for the management of the projects to the local school managements. The school management can then make use of its local knowledge and presence on the ground to manage the project more effectively and ensure better value for money for the taxpayer. In this case the Department funded the work on receipt of the necessary certification from the school’s architect that the work has been completed to a satisfactory standard. The contract for the works in such cases is between the school authorities and the builder. The Department became aware of some difficulties with the project when it was nearing completion. Since then,

535 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.] officials from the Department have met the school management and have been in ongoing contact with the parties with the express aim of having the project completed satisfactorily in accordance with contract and at best value to the taxpayer. Department officials will continue to work with the school authority if required to ensure a satisfactory outcome to the current situation and the completion of the project.

1298. Deputy Fergus O’Dowd asked the Minister for Education and Science the position regarding the proposed new school at a location (details supplied) in County Louth; if the proposal has gone to tender; if construction will begin in 2009; and if he will make a statement on the matter. [31624/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The project to which the Deputy refers is currently at an advanced stage of architectural planning. Information in respect of the current school building programme, including the project referred to by the Deputy, is now available on my Departments website at www.education.ie. My Department recently issued detailed comments on the stage 2(b) submission for this project. An addendum to stage 2(b) addressing these comments was received by my Depart- ment on the 2nd September and is currently being considered. Following review of the stage 2(b) addendum my Department will revert to the school regarding next steps in the progression of the project towards tender and construction.

Residential Institutions Redress Scheme. 1299. Deputy Paul Connaughton asked the Minister for Education and Science the position regarding the Ryan Report; the steps that have been taken as a result of this report to allow other claims, not heretofore accepted, to be considered; and if he will make a statement on the matter. [31675/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Deputy will be aware that the 20 formal recommendations of the Ryan Report have been accepted in full by the Govern- ment and that my colleague, Barry Andrews, Minister for Children and Youth Affairs brought the Implementation Plan to Government at the end of July. There were four of these recommendations which related in the main to my Department. The first of these was the recommendation that a memorial should be erected and inscribed with an excerpt from An Taoiseach Bertie Ahern’s apology of May 1999. My Department is in the process of convening a Committee which will oversee the commissioning and delivery by the OPW (through competition) of the design and building of the memorial. A dedicated budget will be made available in this regard and my Department will provide secretarial services to the Committee. Education services have and will continue to be made available to former residents and their families through the Education Finance Board. The Government has also committed to the continuation of tracing services for survivors who may have been separated from family members as a result of having been in an institution during their childhood. In relation to allowing other claims heretofore not accepted, I can advise the Deputy that Section 8 of the Residential Institutions Redress Act, 2002, currently provides for the Board to consider late applications in exceptional circumstances. As the Deputy may be aware, the Board is completely independent in the performance of its functions and it is a matter for the Board to decide on the validity of each claim having regard to the legislation.

536 Questions— 16 September 2009. Written Answers

Having said that however, I can tell you that a number of issues have been raised by groups representing survivors. All of these, including the issue of accepting late applications, are being considered by the Government.

National Qualifications Framework. 1300. Deputy David Stanton asked the Minister for Education and Science the action he will take following the recommendation from the trainers network to develop national standards in the various skills which awards up to ordinary bachelor degree or level 7 on the national qualifications framework; and if he will make a statement on the matter. [31698/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I understand that the Deputy is referring to a recommendation contained in a report published by the Trainers Network entitled “Assuring World Class Competencies for Trainers”. Under the Qualifications (Education and Training) Act, 1999, the Further Education and Training Awards Council (FETAC) and the Higher Education and Training Awards Council (HETAC) have statutory responsibility for developing standards and making awards in further and higher education and training respectively. I understand that both FETAC and HETAC are currently consulting with the Trainers Network in relation to its recommendations and are exploring the issues around creating awards at Levels 5, 6 and 7 of the National Framework of Qualifications.

Departmental Schemes. 1301. Deputy David Stanton asked the Minister for Education and Science the cost in administering the cycle-to-work scheme in his Department in 2009; and if he will make a statement on the matter. [31709/09]

Minister for Education and Science (Deputy Batt O’Keeffe): My Department introduced the Cycle to Work Scheme in July 2009 and to date 22 staff members have participated in the scheme. The administrative cost to my Department is minimal having regard to the number of participants in the scheme and the fact that payment to the suppliers and salary deductions are performed electronically. The Cycle to Work Scheme for teachers paid on my Department’s payrolls will commence in 2010. The administrative costs involved in the scheme for teachers will not be known until the number of participants have been fully ascertained.

Question No. 1302 answered with Question No. 1205.

Mitchell Scholarship Programme. 1303. Deputy Charlie O’Connor asked the Minister for Education and Science the funding being made available to the Mitchell Scholarship Programme over the next five years; and if he will make a statement on the matter. [31793/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The funding of the George Mitchell Scholarship Programme is a reflection of the Government’s gratitude for the significant contribution made by Senator Mitchell to the promotion of peace and reconciliation on the island of Ireland. The programme attracts high-calibre students from US universities to study on a wide cross-section of postgraduate courses at universities on the island of Ireland. Those students are likely to occupy in the future positions of influence in the US.

537 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

In 2007, a decision was taken to secure the long term viability of this programme by increasing Ireland’s contribution to the Fund for the programme by \20 million to be paid over a number of years conditional on matching funding being raised by the US-Ireland Alliance. Following Government approval of the general scheme of the George Mitchell Scholarship Fund (Amendment) Bill 2009 I recently sent the bill to the Office of Parliamentary Counsel for formal drafting. The Bill is scheduled to be published in the current session. My Department’s funding allocation in respect of the George Mitchell Scholarship Prog- ramme will be decided in the context of decisions on the Estimates for 2010 and subsequent years and the matching funding raised by the US-Ireland Alliance.

Pupil-Teacher Ratio. 1304. Deputy Alan Shatter asked the Minister for Education and Science the reduction in the number of teachers as at September 2009 as compared to September 2008 in respect of each school in the Da´il constituency of Dublin South; the number of pupils in respect of each school at these dates; the number of special needs assistants in each school at these dates; the number of children in each school regarded as having special needs at these dates; and the current actual teacher/pupil ratio in respect of each school. [31802/09]

Minister for Education and Science (Deputy Batt O’Keeffe): The Statistics section of my Department’s website now contains data at individual primary school level, including the schools in South Dublin, for the following school years, 2006\2007, 2007\2008 and 2008\2009. The data includes the number of teachers and pupils in each school. However it does not contain information on the number of Special Needs Assistants or pupils with special needs in each school. If the Deputy has an enquiry about a particular school my officials will be happy to provide the information directly to him. The Deputy will be aware that 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 (SNAs) to primary and post primary schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support. There has been no change in the qualifying criteria governing the allocation of resource and SNA support. The Primary Census for the 2009/2010 school year will be carried out in the Autumn and the final outcome will be made available when this process is completed. Pupil Teacher Ratio in respect of all primary schools is currently only available at national level and is not disaggregated by county or any other variable.

Computerisation Programme. 1305. Deputy Paul Kehoe asked the Minister for Education and Science the status of a school (details supplied) regarding the installation of broadband; and if he will make a statement on the matter. [31806/09]

Minister for Education and Science (Deputy Batt O’Keeffe): I wish to inform the Deputy that the school in question has been installed with a 2Mbit/s satellite connection since 7th December 2005 under Phase I of the Schools Broadband Programme. I have been informed that the school reported a fault to the Schools Broadband Service Desk on September 1st. A

538 Questions— 16 September 2009. Written Answers call out for repairs was scheduled for September 10th and I understand the service was restored on that date. My Department is currently in the process of re-awarding all school broadband connections under a public procurement tendering process. It is expected that all schools will receive at least an equivalent service to what is currently in place; however the expectation is that the majority of schools will receive an improved service. I look forward to making a further announcement on this as soon as contracts are in place with the successful service providers.

Ministerial Expenses. 1306. Deputy George Lee asked the Minister for Education and Science the amount that has been claimed in expenses by each Senior and Junior Minister in his Department from 1997 to 2008; the reasons these expenses were claimed; and if he will make a statement on the matter. [31944/09]

Minister for Education and Science (Deputy Batt O’Keeffe): Further to contact with the office of the Deputy, the following table sets out the relevant details of payments made by this Department during the years 2003 to 2008.

Home Travel & 01-07-2003 2004 2005 2006 2007 2008 Subsistence paid to 31-12-2003

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Minister Noel Dempsey 1,042.31 0.00 0.00 0.00 0.00 0.00 Minister Mary Hanafin 0.00 0.00 0.00 0.00 0.00 0.00 Minister Batt O’Keeffe 0.00 0.00 0.00 0.00 0.00 493.87 Minister Sı´le DeValera 18,485.08 21,477.41 21,910.45 16,054.64 8,167.45 0.00 Minister Sean Haughey 0.00 0.00 0.00 0.00 14,640.38 16,335.38

Home Travel and Subsistence details for 2003 relate to payments made from the Department’s Financial Management System during the period July to December 2003.

Foreign Travel Subsistence 2003 2004 2005 2006 2007 2008

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Minister Noel Dempsey 4,272.17 3,600.79 939.25 0.00 0.00 0.00 Minister Mary Hanafin 0.00 0.00 3,465.33 5,338.48 3,038.71 3,716.92 Minister Batt O’Keeffe 0.00 0.00 0.00 0.00 0.00 1,098.61 Minister Sı´le De Valera 1,622.95 602.79 4,594.89 651.97 0.00 0.00 Minister Sean Haughey 0.00 0.00 0.00 0.00 0.00 364.46

Expense Allowance Paid 2003 2004 2005 2006 2007 2008

Minister Noel Dempsey 13,344.50 10,778.25 0.00 0.00 0.00 0.00 Minister Mary Hanafin 0.00 2,997.81 13,344.50 13,344.50 13,344.50 5,132.50 Minister Batt O’Keeffe 0.00 0.00 0.00 0.00 0.00 8,541.64 Minister Sile De Valera 12,128.48 12,594.96 12,128.48 11,462.08 0.00 0.00 Minister Sean Haughey 0.00 0.00 0.00 0.00 12,694.92 12,128.48

539 Questions— 16 September 2009. Written Answers

[Deputy Batt O’Keeffe.]

Home Travel & Jul-03 2004 2005 2006 2007 2008 Subsistence paid

Minister Noel Dempsey 1,042.31 0.00 0.00 0.00 0.00 0.00 Minister Mary Hanafin 0.00 0.00 0.00 0.00 0.00 0.00 Minister Batt O’Keeffe 0.00 0.00 0.00 0.00 0.00 493.87

Total

Minister Sı´le DeValera 14,860.17 8,195.41 10,522.17 32.64 8,167.45 0.00 46.00 115.15 11,388.28 16,022.00 3,316.59 12,139.85 262.32 1,027.00

Total 18,485.08 21,477.41 21,910.45 16,054.64 8,167.45

Minister Sean Haughey 0.00 0.00 0.00 0.00 3,374.81 3,297.40 5,491.72 4,721.13 1,013.01 3,172.07 4,760.84 216.53 0.00 4,928.25

Total 14,640.38 16,335.38

Memo: Home T&S Paid in Calendar Year

Foreign Travel Subsistence 2003 2004 2005 2006 2007 2008

Minister Noel Dempsey 4,272.17 3,600.79 939.25 0.00 0.00 0.00 Minister Mary Hanafin 0.00 0.00 3,465.33 5,338.48 3,038.71 3,716.92 Minister Batt O’Keeffe 0.00 0.00 0.00 0.00 0.00 1,098.61 Minister Sı´le De Valera 1,622.95 602,79 4,594.89 651.97 0.00 0.00 Minister Sean Haughey 0.00 0.00 0.00 0.00 0.00 364.46

Expense Allowance Paid 2003 2004 2005 2006 2007 2008

Minister Noel Dempsey 13,344.50 10,778.25 0.00 0.00 0.00 0.00 Minister Mary Hanafin 0.00 2,997.81 13,344.50 13,344.50 13,344.50 5,132.50 Minister Batt O’Keeffe 0.00 0.00 0.00 0.00 0.00 7,698.45 Minister Sile De Valera 12,128.48 12,594.96 12,128.48 11,462.08 0.00 0.00 Minister Sean Haughey 0.00 0.00 0.00 0.00 12,128.48 12,128.48

540