Dáil Éireann

Vol. 740 Wednesday, No. 1 14 September 2011

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

DÁIL ÉIREANN

TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised)

Dé Céadaoin, 14 Meán Fómhair 2011.

Ceisteanna — Questions Minister for Communications, Energy and Natural Resources Priority Questions ……………………………… 1 Other Questions ……………………………… 9 Messages from Seanad Éireann ………………………… 18 Topical Issue Matters ……………………………… 18 Topical Issue Debate ……………………………… 20 Suspension of Member……………………………… 22 Topical Issue Debate (Resumed) ………………………… 24 Job Losses ………………………………… 24 Meitheal Forbartha na Gaeltachta ………………………… 26 Suicide Incidence ……………………………… 29 Hospital Waiting Lists …………………………… 31 Leaders’ Questions ……………………………… 34 Appointment of Ministers of State ………………………… 42 Order of Business ……………………………… 42 Tributes to Usher of the Houses of the Oireachtas …………………… 47 Ministerial Rota for Parliamentary Questions: Motion 48 Supplementary Estimates 2011: Leave to Introduce ……………………………… 48 Referral to Select Sub-Committee ………………………… 48 An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Tuarastal Breithiúna), 2011 — Ordú don Dara Céim Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 — Order for Second Stage …………………………………… 49 An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Tuarastal Breithiúna), 2011 — An Dara Céim Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 — Second Stage … 49 Private Members’ Business Reform of the Common Agricultural Policy: Motion ………………… 69 An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Tuarastal Breithiúna), 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011: Committee and remaining Stages ………………………………… 86 Ráiteas faoi Eolas do Vótálaithe: Tairscint Statment for Information of Voters: Motion ……………………… 91 Questions: Written Answers …………………………… 93 DÁIL ÉIREANN

DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES

TUAIRISC OIFIGIÚIL OFFICIAL REPORT

Imleabhar 740 Volume 740

Dé Céadaoin, 14 Meán Fómhair 2011. Wednesday, 14 September 2011.

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Chuaigh an Ceann Comhairle i gceannas ar 2 p.m.

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Paidir.

Prayer.

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Ceisteanna — Questions

Priority Questions

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Offshore Exploration 1. Deputy Éamon Ó Cuív asked the Minister for Communications; Energy and Natural Resources if he intends issuing offshore oil and gas exploration licences in the near future on foot of submissions received by him in 2011; and if he will make a statement on the matter. [23962/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The 2011 Atlantic margin licensing round was formally launched in October 2010 and the closing date for applications was the end of May this year. The 2011 licensing round was different from previous licensing rounds in that the authorisations on offer are for two-year licensing options and not for the traditional 15 or 16 year frontier exploration licences. Fifteen applications were received under the round and my Department has now concluded its evaluation of the applications received. I will make a decision on the granting of licensing options over the next week or so. 1 Priority 14 September 2011. Questions

[Deputy Pat Rabbitte.]

There has been a good deal of debate of late on the possible potential of Ireland’s indigenous oil and gas resources. While there has been a modest increase in the number of exploration authorisations in recent years, the overall level of exploration activity has remained stubbornly low. This is particularly true of exploration drilling with an average of only two exploration wells a year being drilled over the past decade. Companies that are offered licensing options under the 2011 licensing round will have to undertake work programmes agreed with my Department. These work programmes, which will principally involve desktop studies, will then inform decisions to be made two years from now, as to whether these companies will actually apply for exploration licences with a view to then potentially moving towards exploration drilling.

Deputy Éamon Ó Cuív: The Minister is no doubt aware that the Oireachtas committee intends to investigate the whole regime under which licences are granted. Is it his intention to await the conclusion of the report of the committee before issuing these licences in order that we get public agreement in regard to the terms of these licences. There is great concern in regard to this matter, some of it stirred by the Minister’s party when in opposition. The Govern- ment when in opposition and when it came into office spoke about new politics and putting the Oireachtas first. Is the Minister willing to wait until the Oireachtas, through its committee, reports on this issue before issuing these licences?

Deputy Pat Rabbitte: As I told the Oireachtas committee concerned last evening, I am more than willing to engage with it for as long as is necessary to review this issue but I am not prepared to delay the current licensing round that has its origins in the changes made in the Finance Act 2008 which Deputy Ó Cuív had the opportunity, when in Cabinet, to approve. I do not wish to delay that as it would introduce a note of uncertainty in a situation which has been disappointing in recent years. On average, fewer than two holes per annum have been drilled over the past decade. At that level of exploration and drilling, it is like trying to find a needle in a haystack. The purpose and motivation of the Government is to increase exploration activity offshore and to explore whether some of the resources we hope are there exist. The strike rate over the past 40 years has been disappointing. In terms of energy security and so on, it is very important we have success and I hope we will.

Deputy Éamon Ó Cuív: I am delighted the Minister is now convinced the terms we set in 2008 are the correct ones but he did not believe that when in opposition. As he knows, the disquiet which his party tried to build up when in opposition is fairly pervasive among the public. It seems the Minister is putting short-term expediency ahead of long-term certainty. Will he confirm that if these licences are issued and if an Oireachtas committee subsequently recommends changes, if oil or gas was found, the licences would be under the 2008 terms and that it would not be possible to change those terms in the future?

Deputy Pat Rabbitte: I did not make any comment good, bad or indifferent approving or disapproving of the Finance Act 2008. Deputy Ó Cuív was bruiting this about throughout the summer and it is about time he produced some quote from me to that effect.

Deputy Éamon Ó Cuív: The Minister’s party did.

Deputy Pat Rabbitte: I did not do it. That is the first point.

Deputy Éamon Ó Cuív: The Minister’s party did. 2 Priority 14 September 2011. Questions

Deputy Pat Rabbitte: The second point is that there is nothing preventing — the former Minister, Deputy Ó Cuív, understands this well — the Minister for Finance of the day addressing the fiscal regime in any area of the economy which he or she believes appropriate at any time. That applies to this regime as well. That is the competence of the Minister for Finance and it is untrammelled. It is important, now that the evaluation is concluding in my Department, that I get on with the authorisation of this licensing round. It is for a relatively small area, 6%, of the Atlantic margin. Let the Oireachtas committee take what evidence it wishes from whomsoever it wishes and for as long as it likes, and then let it come to conclusions. However, that will take a considerable length of time in my opinion.

Deputy Éamon Ó Cuív: Will the Minister recommend that the Minister for Finance change the tax terms for the Corrib regime, since he said that they could be changed at any time?

An Leas-Cheann Comhairle: I am sorry Deputy but we are out of time. I am calling the Minister to reply to Deputy Martin Ferris on Question No. 2.

Sale of State Assets 2. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources his views on proposals to sell parts of the ESB; if he has made any decisions on this matter; and if he will make a statement on the matter. [23961/11]

Deputy Pat Rabbitte: The EU-IMF programme of December 2010 involves a commitment that the Government will outline methods to raise funds through asset disposals. The 2011 budget included a similar commitment. The programme for Government includes an intention to finance investment in the State from the proceeds of the sale of certain State assets. The Government has also considered the report of the McCarthy review group on the sale of State assets and the recommendations of that group. I accept that the fiscal path, to which the Government is committed under the EU-IMF agreement, demands that the option of realising value from State assets be fully explored. I also accept that there is significant value in energy commercial State companies, which could be realised at an appropriate time after necessary further analysis of all the complex factors relating to the disposal of commercial assets in the energy sector. The sale of a minority stake in the ESB as an integrated utility has, this morning, been agreed by Government. This decision is an early demonstration of the commitment by the Government to the programme for Government’s objectives and to its obligations under the EU-IMF memorandum of understanding. This sale will be advanced by means of a defined process involving a full evaluation of the best approach to be taken, including consideration of the size of the minority stake to be sold. That process will be progressed by a group co-chaired by the Department of Communications, Energy and Natural Resources and the Department of Public Expenditure and Reform, also including officials from the Department of Finance and availing of expertise from the National Treasury Management Agency and NewERA. Full consideration will be taken of the energy policy and regulatory framework in this evaluation, and appropriate consultation will be engaged in. The group will report back to Govern- ment with a recommendation by the end of November. Additional information not given on the floor of the House. 3 Priority 14 September 2011. Questions

[Deputy Pat Rabbitte.]

The decision by Government today recognises the strategic importance of the energy sector to the economic and social functioning of the State, and that the State must continue to have a strong and direct presence in electricity, particularly in the regulated transmission and distribution networks. This presence must be maintained in a way that protects overall economic competitiveness and does not deter private investment. The process to analyse options for the minority stake sale in ESB will fully reflect these principles.

Deputy Martin Ferris: While I thank the Minister for his reply, I wish to reiterate that my party is totally opposed to the sale or disposal of any State share in the ESB, be it a minority one or otherwise. The acquiescence of the programme for Government to the demands being made by the IMF and others is unacceptable and absolutely wrong. For generations, the ESB and other semi-State companies have served this State well, both socially and infrastructurally.

An Leas-Cheann Comhairle: Could we have a question for the Minister, please?

Deputy Martin Ferris: I will get there. What has been agreed today is a retrograde step and will be a disaster in the long term. What percentage minority share has the Government agreed to sell off? What is the projected value of that share to the economy or, should I say, to the IMF?

Deputy Pat Rabbitte: I hear the Deputy’s reiteration of his opposition to the disposal of any State assets. I also hear his conviction that there is no necessity for the Government to respond to the demands of the IMF-EU memorandum of understanding.

However, he has not explained how he would run the social services of the State in circumstances where we walk away from the agreement imposed on us by the previous Government. Due to the injunction by the troika that we must dispose of some State assets, I find myself in a position I do not want to be in but I acknowledge that the survival and viability of this economy is at risk. We have to ensure economic recovery and get people back to work.

No decision has been made regarding the percentage that will constitute the minority stake. That will be a matter for the process I have described in my initial reply. A group comprising my Department and the Department of Public Expenditure and Reform will, between now and 30 November, work out the many complex and intricate decisions that must be taken in the context of the disposal of any share in a State company. I agree entirely with Deputy Ferris on the role the ESB has traditionally played in this society and economy. I am happy to report that will continue to be the case because the Government’s decision is to dispose of a minority stake.

Deputy Martin Ferris: I cannot understand why the Minister, after taking a decision in principle to dispose of a minority stake, does not know the percentage figure to which that minority will equate.

Deputy Michael McNamara: It is less than 50%.

An Leas-Cheann Comhairle: Has Deputy Ferris a question?

Deputy Martin Ferris: The Minister does not know the value of the stake to the Exchequer. He has taken a decision and he speaks about the financial situation in this country. Will the financial situation be improved by privateers taking over part of our national assets?

Deputy Finian McGrath: Hear, hear. 4 Priority 14 September 2011. Questions

Deputy Martin Ferris: That is the reality. The give-away of national assets by the previous Government was acquiesced to by the present Government.

Deputy Dessie Ellis: Eircom was an example.

Deputy Martin Ferris: Eircom is a classic example of what has happened.

An Leas-Cheann Comhairle: I call the Minister.

Deputy Dessie Ellis: It is an example of what the parties opposite have done and are prepared to do.

Deputy Martin Ferris: What about the workers in ESB when those private profiteers come into the equation?

An Leas-Cheann Comhairle: Order, please.

Deputy Martin Ferris: Where do they stand?

An Leas-Cheann Comhairle: I call the Minister now.

Deputy Martin Ferris: People will be cast out of their jobs and there will be more unemployment.

An Leas-Cheann Comhairle: Order, please. Deputy Ferris, I am calling the Minister.

Deputy Martin Ferris: I am not yet finished.

An Leas-Cheann Comhairle: I am finished.

Deputy Martin Ferris: What is happening here is a disgrace.

An Leas-Cheann Comhairle: The Deputy must be fair to other Deputies.

Deputy Martin Ferris: The Government will sell off the State’s assets one by one, starting with the decision taken in principle this morning on one of the most lucrative of our State assets. It is an asset that has supplied an outstanding infrastructure——

An Leas-Cheann Comhairle: The Deputy should resume his seat. That is enough.

Deputy Dessie Ellis: The Government has no right to sell off State assets.

An Leas-Cheann Comhairle: The Minister to make a final reply, briefly.

Deputy Pat Rabbitte: I am pleased, as should all my colleagues in this House, with the growing recognition in Europe of the responsible manner in which this Government is dealing with the crisis we inherited.

Deputy Barry Cowen: The Minister is contradicting himself.

Deputy Dessie Ellis: That is not what the economists are saying.

Deputy Pat Rabbitte: That is becoming clearer with every day that passes. I cannot understand how Deputy Ferris can assert that the Government is handing over control of State companies to outsiders. A minority stake is not control and there is no question of this Govern- 5 Priority 14 September 2011. Questions

[Deputy Pat Rabbitte.] ment handing over control. The ESB has strategic significance for the Irish economy and we recognise its importance in the context of energy security and supply.

Deputy Martin Ferris: The Government has already handed over control to its European masters.

Alternative Energy Projects 3. Deputy Thomas Pringle asked the Minister for Communications; Energy and Natural Resources if he has considered the development of a wood biomass industry to offset home heating oil imports, to create indigenous jobs and to reduce carbon emissions here; and if he will make a statement on the matter. [24144/11]

Deputy Pat Rabbitte: The 2007 Energy White Paper set overarching targets for penetration of renewable energy in the electricity, heat and transport sector. These targets are 40% renewable electricity, 12% renewable heat and 10% renewable energy in transport. These three sectoral targets are in line with meeting our renewable energy directive target which sets a binding 16% penetration of all energy from renewable sources. Currently, Ireland imports some 90% of its fuel to meet demand at a cost of approximately €6 billion per annum. Developing renewable sources of energy, including energy from biomass, will help Ireland to reduce its dependence on these imports. In addition, because sustainable biomass is considered carbon neutral, it will also assist Ireland in meeting its climate change commitments under the Kyoto Protocol and the 2020 European Union targets. In order to support renewable energy from biomass and waste, my Department is in the process of introducing new tariffs for biomass technologies under the renewable energy feed in tariff, REFIT, scheme. REFIT is designed to provide certainty to renewable electricity generators as to the price they receive. It has been in operation for wind, landfill gas and hydro power since 2006, acting to ensure a guaranteed price for each unit of electricity exported to the grid by paying the difference between the wholesale price for electricity and the REFIT price. The tariffs for biomass technologies will range from 8.5 cent per kilowatt hour to 15 cent an hour depending on the technology deployed and will include higher tariffs where the heat generated by a plant is being used more effectively. These biomass REFIT rates are in the final stages of being cleared through the State aid process by DG Competition in Brussels. Other measures that will assist the development of biomass include the Department of Agri- culture, Fisheries and Food’s bio-energy scheme, which offers supports to farmers to grow miscan- thus and willow for use as energy crops, and afforestation grants to encourage new forests. Full details of all these scheme supports are available from the Department of Agriculture, Fisheries and Food.

Deputy Thomas Pringle: I thank the Minister for his reply, although only the last two sentences address my question. There is great potential to create an indigenous wood for home heating industry which would offset the importation of home heating oil. Given that, as the Minister stated, we are currently importing all the heating oil we use, such a development would greatly assist with our balance of payments. The industry would be based in rural areas, where we already produce more wood than is needed to heat the entire country. It would create jobs, something of which we have heard so much from the Government under the so-called NewERA. Unfortunately, the Minister did not address these aspects in the opening part of his answer. Will the Government support the development of a wood for home heating industry and thus facilitate the creation of indigenous jobs and a reduction in imports of home heating oil? That would be of significant benefit to the economy and would help to address fuel poverty. 6 Priority 14 September 2011. Questions

Deputy Finian McGrath: Hear, hear.

Deputy Pat Rabbitte: I meant no disrespect to the Deputy. It is conventional to provide this type of background information; not everybody is as knowledgeable about REFIT and the subsidy to the industry as is Deputy Pringle. I did no more than elucidate that point. I do not disagree with what the Deputy said, but his expectation for an indigenous industry is somewhat exaggerated. I agree with the general thrust of his contribution in terms of the capacity of this area to make a contribution to our electricity and heating needs and to contribute to rural development and the creation of jobs in rural areas. However, in all fairness, one of the reasons I wanted to explain how REFIT works is that there may be an assumption by some people that all it requires is the press of a switch and we will have a biomass industry. As stated in my reply all of this involves a subsidy and people should understand that. I also stated that the tariff will range from 8.5 cent to 15 cent. That is a consideration. The net point as far as the Deputy is concerned is that this matter is being progressed. It has been with the relevant DG of the EU for some time and I expect a decision on the matter in the next couple of months.

Deputy Thomas Pringle: I suggest that the Minister’s officials contact the Donegal Woodland Owners Association and Western Development Commission, which is currently running the RASLRES programme that is examining the potential of this industry. I believe that a policy rather than a subsidy is what is required to encourage and develop this industry and I do not believe the EU-IMF-ECB or anyone else would have a problem with that.

Deputy Pat Rabbitte: We are agreed on the desirability of building a renewable sector that can make a contribution to the targets that we must meet in a European context. I accept that biomass is an aspect of that. I reiterate, however, that I would not be as optimistic as Deputy Pringle in terms of the quantum that will be contributed. That does not mean that it is not important. I accept that it is important in the context of rural development and indigenous employment.

4. Deputy E´ amon O´ Cuı´v asked the Minister for Communications; Energy and Natural Resources if he intends giving approval to the REFIT programme; and if he will make a statement on the matter. [23963/11]

Deputy Pat Rabbitte: The renewable energy feed in tariff scheme known as REFIT was introduced in 2006 for certain categories of renewable energy, including onshore wind. Since then, the tariffs have been increased, where applicable, by the annual consumer price index. Adjustments to the rate are by way of indexation annually and by the annual increase, if any, in the consumer price index in Ireland. REFIT is based around 15-year power purchase agreements between generators and suppliers which provide wind energy developers with the necessary certainty required to finance their projects. The scheme is funded through a public service obligation, PSO, levy, paid for by all electricity consumers. With the support of REFIT, the sector has continued to grow strongly and there is now approximately 1,800 MW of renewable generation capacity connected to the electricity grid. In addition, there is a further 1,100 MW of renewable generation capacity with signed connection offers. This capacity will build out over the next few years. The next batch of generation capacity is referred to as the Gate 3 process and consists of approximately 4,000 MW of renewable generation capacity. The projects in this category are scheduled to be connected to the grid between 2012 and 2020. EirGrid currently forecast that approximately 4,500 MW of renewable generation capacity is required to be connected by 2020 to achieve our national renewable electricity target of 40% of all generation from renewable technologies. 7 Priority 14 September 2011. Questions

[Deputy Pat Rabbitte.]

The original REFIT scheme was designed with a view to delivering our 2010 renewable electricity target of 13.2% of electricity consumption from renewable technologies. It was successful in achieving that target and Ireland was one of only six member states to achieve its 2010 target level. Officials from my Department are currently finalising state aid clearance with DG Competition in Brussels to continue to offer REFIT for the next batch of renewable energy projects that are in the Gate 3 process. It is proposed to offer the same rates of tariff as in the original scheme. Additional Information not given on the floor of the House. There are two state aid clearance processes underway, one in respect of onshore wind, landfill gas and hydro technologies and a second in respect of various biomass categories. The Commission is currently finalising its assessments on both applications and I am confident that we will have a positive outcome shortly in both cases. As this is a Commission decision process, it is not possible to give an exact conclusion date. Once these clearances have been received from Brussels the final proposed schemes will be brought, as soon as is practicable, to Government for sign-off before being opened for applications. Any additional REFIT rates beyond these technologies will have to be considered carefully by the Government given the cost implications to the electricity consumer. The Public Service Obli- gation levy is imposed against all consumers’ electricity bills, domestic and commercial. The objective is to balance the imperative of increasing the penetration of renewable energy with the retention of competitive affordable energy supply.

Deputy E´ amon O´ Cu´ıv: Is the Minister willing to hold back on the decision in regard to the new REFIT, which is fundamentally different from the old one, until an Oireachtas committee has had a chance to examine the issue? There are people who believe that this is a great giveaway, which will give so-called suppliers, namely, big companies such as the ESB, Airtricity and Bord Ga´is, a licence to print money to the tune of €1 billion on the backs of Irish taxpayers. The reason is that the new REFIT works on the basis that the producer, that is, the person with the wind farm receives a fixed tariff, that the supplier receives a fixed margin, with virtually no risk, and if the price increases due to the cost of oil the supplier, rather than the producer, gets the benefit. In view of all these serious public concerns about this scheme, which was 3o’clock devised by his Department, is the Minister willing to hold back on any decision on the new REFIT programme until the Oireachtas committee has had an opportunity to examine whether the concerns raised by people of good bona fides and knowledge are founded? It would appear to me that they are well founded.

Deputy Pat Rabbitte: The application is with DG Competition of the European Commission for 18 months or longer and is in the final stages so I do not see how I can pull back. Certainly, I am more than willing to go into committee with Deputy O´ Cuı´v and other members to tease through this issue because there are questions that need to be examined with regard to this system. I am assured there is no basis for the claim that REFIT is a licence to print money. As I said to Deputy Thomas Pringle what is involved here is essentially a subsidy, whether it comes from the consumer or the Exchequer, and for that reason it must be measured very carefully. The whole idea is to bring more competition into the market to make us less reliant on fossil fuels and to use a natural resource, of which we have a bountiful supply, but I accept there has to be a balance.

Deputy E´ amon O´ Cu´ıv: Will the Minister leave the issue with the Commission while we examine it? Will the Minister agree that no REFIT contracts will be entered into under the new scheme pending discussion by the committee? The allegation made is that a margin is given to the supplier — not the person with the wind farm who must operate through a supplier — for virtually no risk 8 Other 14 September 2011. Questions and if the price increases the supplier gets all the benefit. If the price is low the State foots the bill and if the price is high the supplier, rather than the producer, gets all the benefit. Therefore, there are two major gains for the supplier for virtually no risk. These are not the people who build the wind farms but the major companies who would put the electricity on the market. Will the Minister clarify the amount to be paid to the supplier multiplied by the total number of megawatts he intends to produce, multiplied by the 15 years these contracts would be place? Will he hold back on issuing any REFIT contracts until the Oireachtas committee has had an opportunity to examine what, prima facie, appears to be a serious giveaway from the State?

Deputy Pat Rabbitte: I am assured that the contribution is no more than is necessary to encourage new entrants into the marketplace, which is what we are seeking to do. If there are these big holes in it — the scheme was devised by Deputy O´ Cuı´v and his colleagues — I do not know when it dawned on him that there are such holes in it. I am happy to go into committee and examine it. I appreciate the Deputy holds strong on it, about which we have spoken briefly privately. I am anxious to submit it to that type of scrutiny but the professional advice I have is that, contrary to Deputy O´ Cuı´v’s conviction in the matter, the scheme is well balanced. It simply would not function unless there was some element of REFIT.

Deputy E´ amon O´ Cu´ıv: Absolutely. Like the old REFIT.

Deputy Pat Rabbitte: Therefore, all we are debating is the quantum.

Deputy E´ amon O´ Cu´ıv: No. The Minister has been——

An Leas-Cheann Comhairle: We are running out of time. We are dealing with a priority question.

Deputy E´ amon O´ Cu´ıv: The reality is——

Deputy Pat Rabbitte: The Deputy is behaving like a new Member of the House. He is mad for action. I believed he would be tired——

Deputy Bernard J. Durkan: So did I.

Deputy E´ amon O´ Cu´ıv: No. The Minister looks exhausted.

Deputy Pat Rabbitte: ——after all the years he spent making the wrong decisions. I believed he would be worn out.

Deputy E´ amon O´ Cu´ıv: I have great stamina and do not look exhausted.

Other Questions

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Energy Prices 5. Deputy Bernard J. Durkan asked the Minister for Communications; Energy and Natural Resources the extent to which he has been apprised of proposed gas and electricity price increases; the reasons given for such proposed increases; the extent to which an evaluation has been done as to the negative impact of any such increases on the economy with particular reference to job creation, job retention and competitiveness; if he will use his influence with the regulator and the service providers with a view to deferring any such proposals; and if he will make a statement on the matter. [23933/11] 9 Other 14 September 2011. Questions

13. Deputy Catherine Murphy asked the Minister for Communications; Energy and Natural Resources the measures available to him to address the continuing escalating cost of energy; if he has or intends to have discussions with the energy suppliers; if so, the outcome of same; and if he will make a statement on the matter. [23880/11]

Deputy Pat Rabbitte: I propose to take Questions Nos. 5 and 13 together. I do not have a statutory function in the setting of energy prices, whether in the regulated or unregulated market. Responsibility for the regulation of the electricity and gas markets is a matter for the Commission for Energy Regulation, CER, which is an independent statutory body. Ireland’s electricity and gas markets, both wholesale and retail, are characterised by vigorous competition regulated by the CER. Prices in the retail electricity market are now fully deregulated. From 1 October, gas residential consumers will be the only segment of the electricity and gas markets where prices will be regulated. Prices in the electricity market and unregulated part of the gas market are wholly a commercial and operational matter for the suppliers. The recent CER decision to approve a 21.7% increase in the Bord Gáis tariff from 1 October is the first price increase for Bord Gáis’s residential gas customers since September 2008. It follows three successive price cuts approved by the CER. There have also been recent announcements by suppliers of electricity price increases. The driving factor in these increases, and the point of Deputy Durkan’s question, is the trend in international gas prices during the past year, which looks like continuing into the future. Wholesale gas prices for the coming winter will be more than 30% higher than they were last winter. Ireland is a price-taker in the global fossil fuel market and the economy, therefore, is vulnerable to energy price fluctuations and price rises. Suppliers in neighbouring markets are also subject to similar pressures and price increases. Last May, Phoenix Gas in Northern Ireland announced an increase of 39% in domestic and small business tariffs. The big six gas suppliers in Britain have also increased domestic tariffs by 17% to 18%, following on from increases some months previously. The Government is committed to competition as a way of exerting downward pressure on prices. Competition is achieving competitive pressure on suppliers. It stimulates them to offer better deals and discounts. Business and domestic customers can, therefore, increasingly avail of the competitive offerings from electricity and gas supply companies active in the retail end of the market. The first step that customers should take to reduce their energy costs is to work actively in securing better value offers in the market and in switching to suppliers delivering lower prices. Actions taken in the two years prior to the end of 2010 improved Ireland’s competitiveness in the gas and electricity sectors when compared with other European countries. Analysis by the Sustainable Energy Authority of Ireland, SEAI, of EUROSTAT data for the second half of 2010 shows that, for large business customers of electricity, Irish prices were between 91 and 93% of the eurozone average while prices for small to medium-sized business customers ranged from 4% below the average to 6% above, depending on the category. Gas tariffs remain competitive with business tariffs at 83% to 90% of the eurozone average. Increased competition has clearly had an impact. In addition, we must focus on all possible additional actions to mitigate costs where possible for business and domestic customers. This is essential for competitiveness, employment and for economic recovery. I am committed to working with enterprise and with the energy sector to ensure that the costs of energy for business are as competitive as possible through those measures at our disposal. I urge all businesses of whatever size to place a relentless focus on 10 Other 14 September 2011. Questions energy efficiency. The SEAI is available to provide advice and, subject to available resources, financial assistance in this respect. In addition, there is extensive tax relief available to businesses.

Deputy Bernard J. Durkan: I thank the Minister for his very comprehensive reply. Notwith- standing that, does he agree that energy price increases are never welcome, particularly in the winter and on foot of the current economic difficulties, which were, of course, not the responsibility of the current Government? Is it possible to monitor the impact of increases on both the domestic and commercial sectors as we approach the time of peak energy use, namely, winter- time? Arising from anything that might emerge, would it be possible at least to enter into dialogue with ComReg to ensure we do not allow circumstances whereby both industry and the domestic sector will be severely punished or disadvantaged arising from the proposals?

Deputy Pat Rabbitte: I agree with the Deputy that the last thing one wants to hear about heading into the winter is an increase in energy prices. I acknowledge that and that some will be more severely affected than others. It is for this reason that I was happy to be able to negotiate with the energy companies an arrangement whereby no family in distress will be disconnected this winter provided it participates in a payment plan or agrees to have installed a pay-as-you-go meter. I hope this gives some comfort to some people who will be in difficulty. With regard to monitoring the impact, it is a condition of the memorandum of understanding that there be a review of energy efficiency in the economy. This will be conducted by the International Energy Agency and it is likely to commence before the end of September. The agency is a reputable international body.

Deputy Barry Cowen: Will the price be reduced?

Deputy Pat Rabbitte: Let us see. At least conclusions will be drawn as to whether there is an efficient energy sector operating in this economy.

Deputy Catherine Murphy: I attended a briefing by the Society of St. Vincent de Paul last week in Buswells Hotel. The society has produced a major report, one of the findings of which points to the significant pressure on people at home all day, particularly the elderly, owing to the cost of energy. We heard about people who are choosing to go to bed at 7 p.m. so as not to have to sit up and shiver. Those who are least likely to be able to shift from one company to another are those in arrears because the new rules appear to suggest one cannot move from one company to another and leave one’s arrears behind. People in this category do not have the scope of those who can pay their bills. Let me outline my motivation for my question and also the question I really want to ask. Competition between the energy providers is internal. Bearing in mind that this is a very small country, is there any question of a more collaborative approach between the energy providers in terms of purchasing, such as that adopted by the National Treasury Management Agency in negotiating a better currency arrangement? There is no point in telling someone there has not been any increase since 2008 and that there have been decreases, because an increase of 22% is horrific for people under serious pressure.

An Leas-Cheann Comhairle: We are very short on time.

Deputy Pat Rabbitte: Yesterday evening I told the Joint Oireachtas Committee on Communications, Natural Resources and Agriculture that I was in the process of bringing to the Government a memorandum on an affordable energy strategy. For some months, very 11 Other 14 September 2011. Questions

[Deputy Pat Rabbitte.] active work has been done by the Department and the Departments of Social Protection and the Environment, Community and Local Government on the question of affordable energy and fuel poverty. I expect to be in a position to make this public this month. With regard to the question of advocacy by the Society of St. Vincent de Paul on switching, Deputy Murphy is correct that the national figures show 43% of customers switch. However, for the segment which benefits from the home benefits package the figure is approximately 16%. This is one of the matters about which I am speaking to my colleague, the Minister for Social Protection, with regard to the systems in her Department as they relate to the energy companies and the capacity to remove any barriers to allow this category of the population to switch with equal facility as those not in receipt of State aids. However, I must make a point on arrears. The Society of St. Vincent de Paul, and similar organisations such as MABS, make representations to us to state we ought to address this issue because a significant amount of debt-hopping takes place. Somebody runs up a bill for six to nine months and, as bills are sent out every two months, before anybody catches up with them they switch to another supplier and repeat the performance before switching again. The Society of St. Vincent de Paul wants us to address this issue and I have been in discussions with the Commission for Energy Regulation about it. Moves have been made whereby now a flag is put up and arrears must be declared to a new supplier. However, a new supplier is not blocked from taking on the customer until the arrears are cleared.

An Leas-Cheann Comhairle: Time, Minister.

Deputy Pat Rabbitte: I have a final point.

An Leas-Cheann Comhairle: Briefly.

Deputy Pat Rabbitte: The Leas-Cheann Comhairle has been very tolerant. Unfortunately, nothing in what Deputy Murphy stated — I understand from where she is coming — will alter world gas prices and this is the issue. If we were to have the collaboration about which she spoke in purchasing gas on the world market it would be a cartel and anti- competitive and I do not see it being able to run.

Sale of State Assets 6. Deputy Mary Lou McDonald asked the Minister for Communications; Energy and Natural Resources his view that following the publication of the McCarthy Report on State Assets which recommends that ESB’s assets be broken up, the Cahill/Frontier Economic report which recommends against unbundling, should be published prior to the comprehensive spending review being completed in order to ensure a full and informed public debate on the future of the States assets. [20325/11]

Deputy Pat Rabbitte: I am sorry Deputy McDonald cannot be with us because she has been asking me to do this for a long time. I have done it, but she is not here and I feel let down.

Deputy Barry Cowen: You will get over it.

Deputy Pat Rabbitte: I suppose so. The report by Frontier Economics was undertaken under a process overseen by Mr. Fergus Cahill as independent chair. The report contains an assessment of costs, benefits and regulatory impact of the options for unbundling the electricity transmission assets set in the context of the EU third package and the all-island single electricity market. 12 Other 14 September 2011. Questions

The process allowed for input from the direct stakeholders and other stakeholders. The direct stakeholders were the management and the unions of ESB and EirGrid and the ESB employee share ownership trust, ESOT. Both EirGrid and ESB have vital roles to play in delivering our national electricity infrastructure. In July this year, the Government decided the ownership of the electricity transmission assets is to remain with the ESB while the operation and development of the transmission system will continue to be the responsibility of EirGrid. Following that decision, the Cahill- Frontier report was published on 27 July 2011 and is available on my Department’s website. Additional information not given on the floor of the House. More generally, the programme for Government commits to the sale of €2 billion of State assets. The report of the review group on the sale of State assets has also been published and will be an input into the Government’s consideration of any such sales. In this regard, I refer the Deputy to my earlier answer to the question concerning proposals for any sale of the ESB.

Deputy Michael Colreavy: Although Deputy McDonald is not in the Chamber, she will study the Minister’s reply closely. It is an area in which she has a tremendous interest.

Deputy Pat Rabbitte: As long as Deputy Colreavy shares her delight.

Deputy Michael Colreavy: The State’s assets were put together at great cost to taxpayers, often when times were hard. A percentage of these are now to be sold off to privateers as part of the diktat of the EU-IMF-ECB troika which was agreed by the previous Government and is now pursued enthusiastically by the current Government. It is not democracy but dictatorship.

An Leas-Cheann Comhairle: Could the Deputy put a question?

Deputy Michael Colreavy: The troika may be clapping Ministers on the back but it is only because this Government is following the rules it set down and agreed by the previous Government. Will the Minister facilitate a full public debate on the sell-off of our national assets which will include discussion about the impact of such sell-offs on essential services, employment and what remains of our economic independence? What happens next year or the year after when the troika demands more? What happens when the so-called low hanging fruit is all gone? What will be left to sell? What then will happen to the Minister’s claim that only minority shares of State assets will be sold?

Deputy Pat Rabbitte: The subject matter of the question is the break-up of the ESB. The Cahill-Frontier report recommended against that. The memorandum that I brought for decision to the Government was to implement those recommendations and avoid the break-up of the ESB. I am happy my Government colleagues approved this. Deputy McDonald, in particular, was calling on me over a period before the summer recess to do precisely that. I have done so. That is why I am so upset that she is not in the Chamber to welcome that decision. I presume she will be in touch later.

Deputy Martin Ferris: That is totally the opposite to what she was calling for.

Deputy Pat Rabbitte: Deputy Colreavy broadened the original question of the sale of a minority stake. On the original question, I will be quite happy to facilitate a full debate on the issue, if the Deputy so wishes. 13 Other 14 September 2011. Questions

[Deputy Pat Rabbitte.]

The Deputy also wants to know what will happen if the EU-IMF-ECB troika comes back for more. That is not a vista I want to contemplate. What has been imposed on us as it stands is very painful to meet. Deputy Colreavy does not think it is important we are seen to deliver on the severe targets set for us. The manner in which this Government has managed it so far, however, has brought relief. I cannot believe the Deputy is not reading the newspapers or watching reports on what is happening in Greece without realising the implications for any people or state that does not responsibly manage its economy. Far from coming back for more, there will be an acknowledgment by the troika of the heroic efforts being made by this Government to comply with the strictures placed on us.

Deputy Barry Cowen: Why did the Minister oppose the deal last year when in Opposition?

An Leas-Cheann Comhairle: I must stop the Minister there because I want to allow two brief questions from Deputies Ó Cuív and Boyd Barrett.

Deputy Éamon Ó Cuív: Will the Minister confirm it is not legally possible for the EU-IMF- ECB troika to come back for more once the terms of the EU-IMF agreement are adhered to? Will he clarify for the benefit of Sinn Féin that if the agreement were not in place, then there would be severe cuts on social welfare, education and health budgets? Will he confirm the EU- IMF has made it abundantly clear that as long as the bottom line of the agreement is adhered to, they will be flexible as to how the programme is implemented? Does the Minister agree lessons must be learned from past sales of minority shares in State bodies? The minute a minority share of a State company is sold off, the company’s interest shifts from the national to the shareholders’ interest. Pressure then mounts inexorably to sell more of the company until it is fully privatised. For example, in the case of Irish Sugar, we were guaranteed only a minority share would be sold while a golden shareholding would be retained by the State. We know, however, what happened to that company in the end. The measure of people is not that they do not make mistakes but that they learn from their mistakes. In hindsight, I have come to believe some of the privatisations of State companies in the past were wrong. I am willing to learn from this, but it seems the Labour Minister opposite is not.

An Leas-Cheann Comhairle: This is question time Deputy Ó Cuív. I call on Deputy Boyd Barrett.

Deputy Éamon Ó Cuív: I asked three questions.

Deputy Richard Boyd Barrett: I will pass over the irony of Fianna Fáil railing against priv- atisation.

Deputy Éamon Ó Cuív: We set up all the State companies in question.

Deputy Richard Boyd Barrett: As a State company, the ESB played a key role in trans- forming Ireland from a Third World country to a modern state. In any rational approach in dealing with the current economic crisis, is it not the case that a successful and profitable company such as the ESB should be kept in public ownership and investment be made in it to develop sustainable energy resources and so forth? This would allow us the energy independence, thus ensuring people would not have to be shivering with the cold this winter in their homes, afraid to turn on the heating because of fluctuations in energy market prices. 14 Other 14 September 2011. Questions

How does the EU and the IMF justify its insistence on the sale of State assets which could drive economic recovery? Will the Minister agree such sell-offs are actually attempts to asset strip this country, using the guise of the current recession which was caused by the bankers and bondholders in the first place? How can anyone construe an argument that a sale of even a bit of the ESB could possibly be good for this country?

Deputy Pat Rabbitte: Deputy Ó Cuív asked me to confirm that it would be impossible for the troika to return when the EU-IMF deal runs out.

Deputy Éamon Ó Cuív: No, I was referring to it being impossible returning within the four years of the deal.

Deputy Pat Rabbitte: Assuming Ireland can get back into the sovereign markets which is the purpose of the programme in the first place, I still hope that it will be the case. It depends, however, how we manage it in the remaining lifetime of the memorandum of understanding. Deputy Ó Cuív is correct, even if our colleagues in Sinn Féin will not admit it, that the alternative would have been serious cuts in social welfare payments, the remuneration of gardaí, teachers, nurses and so on because of the woeful mismanagement of our economy by previous Governments. We are trying to correct that. Regarding Deputy Ó Cuív’s point about a minority share, it depends on how that is implemented. I say to Deputy Boyd Barrett we are not handing over ownership of the ESB. The decision this morning was to sell a minority stake and there is no question of control passing out of the authority of the ESB. I am no fan of the deal foisted on us. In my view it was a bad deal and the people negotiating it did a bad job——

Deputy Barry Cowen: The Minister said he would renegotiate it.

Deputy Pat Rabbitte: ——but it was a deal not with the Government but a deal with a sovereign state and this Government has inherited it and we have to manoeuvre within it to achieve improvements. We have achieved a number of not insubstantial improvements and I hope, as news continues to break, there is the prospect for more flexibility ahead.

An Leas-Cheann Comhairle: We must move on to the next question, Minister. I call Deputy Boyd Barrett’s Question No. 7.

Offshore Exploration 7. Deputy Richard Boyd Barrett asked the Minister for Communications; Energy and Natural Resources the quantity of gas produced from the three fields of Kinsale, Ballycotton and Seven Heads, in County Cork; the current commercial value of the gas being produced from these fields; the amount the companies have paid in taxation and the royalties that the Exchequer has received since the commencement of production at these fields; and if he will make a statement on the matter. [23931/11]

Deputy Pat Rabbitte: The total volume of sales of gas from the Kinsale and Ballycotton gas fields is approximately 1.75 trillion cubic feet since production started in 1978. Royalties from the two fields are payable to the State at a rate of 12.5% of the fair market value of gas at the well head. The amount received in royalties to date is just over €190 million. The total volume of sales gas produced from the Seven Heads gas field, since production started in 2003, is 0.025 trillion cubic feet. Royalties are not payable on production from the Seven Heads gas field as Ireland, following the lead of counties such as Norway and the UK, moved away from a royalty- based payments system to a tax-based system in 1987. The Kinsale area gas fields are nearing 15 Other 14 September 2011. Questions

[Deputy Pat Rabbitte.] depletion and gas production is currently running at approximately 0.01 trillion cubic feet per annum. The amount paid in tax is a matter between the operators of the gas fields and the Revenue Commissioners. However, for the information of the Deputy, the combination of tax, royalties and rental fees currently provides for a State take of 40% of net income. On a more general and forward-looking note, the rate of tax that will apply to any future commercial discoveries made under an exploration licence granted since the Finance Act of 2008, will be between 25% and 40%, depending on the profitability of the field. The fiscal terms in the Finance Act 2008 were introduced following a review of the licensing terms by my predecessor and that was informed by a report from expert economic consultants. The fact that the Kinsale area gas fields are nearing depletion at a time when Ireland’s only other commercial discovery, the Corrib gas field, is still in development phase, is another clear indicator of why Ireland needs to encourage an increase in the level of exploration investment and exploration activity.

Deputy Richard Boyd Barrett: I think the Minister knows the point of my question, which is the extent to which the people of this country will benefit from gas and oil production under the terms that currently operate. It is not very clear to me what €190 million represents as a proportion because the Minister has not really answered that question. If I am correct in understanding what the Minister said, €190 million is the total tax take from the three fields I have asked about. I ask the Minister to clarify this for me. What I want to find out is how much tax revenue has been received from those fields as a proportion of the overall income generated so that we can know the actual percentage rather than the figures of between 25% and 40% being bandied around as to what we might receive. It is like the corporation tax rate which we are told is 12.5% but actually the effective tax rate is 10%. How much are we actually getting back? I doubt very much we will get 40% back, given the other methods for the tax write-offs on capital costs and so on which means, I suspect, that in many cases we will get virtually nothing back from some of these fields, no royalties and no security of supply. We cannot even control prices because we have effectively given away these gas and oil reserves under the conditions of the licences. How can we justify a situation where at best we are talking about 40% while in Iran, for example, there are service-sharing agreements by which the state maintains the ownership of the gas and in Norway the state receives a 78% tax rate and it owns 67% of the gas and oil? Why are we giving away the gas and oil and what will we be getting back in return? Some of us suspect it will be nothing.

Deputy Pat Rabbitte: The figure of €190 million is royalties only. The royalties system was terminated in 1987.

Deputy Richard Boyd Barrett: The Minister knows the point of my question.

Deputy Pat Rabbitte: Yes, I know the point of the Deputy’s question and I understand the question and the importance of it. However, the problem is I do not know how he can say what we are giving away. The point is we are not giving anything away because until we find something, we have nothing to give away. That is the issue. If the Deputy is of the view that the fiscal regime is not tough enough, it was toughened by my predecessor, Eamon Ryan in the Finance Act 2008. Before he did so, it had been 25% for the previous 20 years. Therefore, if it is a giveaway, why is there not a thicket of exploration rigs off the coast where the Deputy lives? Why have there been fewer than 20 holes drilled in the past decade? Nobody who has espoused the position — I sympathise with the Deputy’s aspiration — has been able to explain to me why there is not a queue to drill for oil and gas off our shores, if it is a giveaway. If the 16 Other 14 September 2011. Questions

Deputy decides that it is not practicable for this Government at this time to establish a State exploration company — at €70 million to €80 million a pop, we do not have the money to drill empty wells offshore — if he accepts the investment is not there to establish a State company, then we are reliant on the oil companies to do the exploration for us. Therefore, it is a matter of balance and how one attracts them to do so but we have done a very bad job in this regard so far, with an average of two holes drilled per annum. I am trying to balance a fiscal regime with the requirement to bring in the oil companies to do the exploration and the drilling and hopefully to make finds. That is the balance and that is my position. I was very conscious of what happened at Corrib having regard to the international reputation of Ireland in circumstances where we will be lucky to bring Corrib gas on shore after 17 years while Norway brings gas ashore within four years.

An Leas-Cheann Comhairle: A brief question from Deputy Boyd Barrett as we are out of time on this question.

Deputy Pat Rabbitte: I apologise but I am bursting with information on this question.

Deputy Richard Boyd Barrett: Even at €80 million a pop, would it not be better for us to borrow the money to invest in a State company to do some drilling rather than borrowing €100 billion to bail out banks? Could we not have borrowed a fraction of that sum to drill because there are estimates of the equivalent of tens of billions of barrels of gas and oil offshore? Would this not have been a better investment than borrowing €100 billion to bail out rotten banks, speculators and bondholders? The Minister did not answer my question. What I am trying to elicit is what are we getting back from the fields that were exploited. I understood the Minister to say that we were getting €190 million in royalties but what was the total take we got as against what the companies made? That would give a real sense of what we get back under those arrangements, even in a field that is in production. There are other methods to entice in companies to explore. Why do we have this unique arrangement whereby as soon as the companies go into production we give it to them? That is unique. Why are we doing it?

Deputy Martin Ferris: The Minister made the point that we do not have money for exploration and that we cannot afford it but the reality is that all exploration carried out by multinational oil companies is written off. Effectively, we are paying for it anyway. It does not make sense. Deputy Boyd Barrett referred to the amount of money we put into toxic banks to bail out bankers and developers. If a small fraction of the money was used to develop our natural resources I am certain we would be in a far more lucrative state than is the case at present.

Deputy Pat Rabbitte: The Deputies and I are like ships in the night. I do not think we are relating to each other. I would love to be free of the shackles of the moneys that have gone into the banks but Deputies Boyd Barrett and Ferris do not accept that it was necessary in the first place. We could have a long discussion about why it was necessary and how it might have been done differently. That will be an interesting thesis for bright young people, such as Deputy Boyd Barrett, who will attend Trinity College in 20 years time but it is not much help in terms of trying to have a functioning banking system in the country.

Deputy Richard Boyd Barrett: It is not functioning.

Deputy Pat Rabbitte: Nobody denies that the previous Government made a hames of the situation. Everyone acknowledges that, but it does not help given where we are now. Therefore, 17 Topical 14 September 2011. Issue Matters

[Deputy Pat Rabbitte.] I am reluctant to agree with the Deputy that it would be a better use of moneys that we do not have to spend €70 million or €80 million drilling holes that have largely been dry. Of 156 holes that were drilled there were three strikes. If one was to go to Paddy Power, I doubt if one would take those odds.

Deputy Martin Ferris: The Minister is aware that does not reflect reality.

Deputy Pat Rabbitte: I am very sceptical. Under the present licensing round the companies will be given a permit for two years to do the necessary exploration activity. After that, they have three years to drill and if they do not drill it is a case of use or lose it. They have to drill. We will see. I hope Deputy Boyd Barrett and I will still be in the House at that time and I hope bountiful resources will be found. Deputy Boyd Barrett must acknowledge that whether the tax rate is between 25% and 40%, as it is now, or 50% as he and Sinn Féin want, 50% of nothing is nothing. I hope and believe we have prospects but we have not found anything. What I am trying to do is strike a balance between bringing in companies to establish what are our reserves on the one hand while not frightening them away on the other. That is the challenge that confronts us.

Written Answers follow Adjournment.

Messages from Seanad Éireann An Leas-Cheann Comhairle: Seanad Éireann has passed the Civil Law (Miscellaneous Provisions) Bill 2011, without amendment, the Criminal Justice Bill 2011, without amendment, the Criminal Justice (Community Service) (Amendment) (No. 2) Bill 2011, without amendment, the Communications Regulation (Postal Services) Bill 2010, without amendment, and the Environment (Miscellaneous Provisions) Bill 2011, without amendment.

Topical Issue Matters An Ceann Comhairle: The following are the matters in respect of which notice has been given under Standing Order 27A and the name of the Member in each case:(1) Deputy Michelle Mulherin — to ask the Minister (a) to clarify and define as envisaged by the Environmental Impact Assessment (Agriculture) Regulations 2011 “drainage or reclamation of wetlands above 0.1 hectares” and (b) if there is any compensation envisaged for farmers who have lands designated as wetlands or with Natura 2000 designation; (2) Deputies Ciara Conway, Paudie Coffey and John Halligan — the job losses sustained at TalkTalk in Waterford; (3) Deputy Dan Neville — deaths from suicide in 2010; (4) Deputy Joanna Tuffy — to ask the Minister for Social Protection if she will consider changing the qualification period for eligibility for a JobBridge place from three months signing on the live register to a shorter period of time to ensure that people who are unemployed and anxious to apply for current vacancies will be enabled to do so; (5) Deputy Tom Hayes — can the Minister for Health outline the impact the closure of St. Michael’s psychiatric unit in Clonmel will have on south Tipperary and the health service as a whole in the constituency? Concerns exist around the quality of the community based services that will take its place; (6) Deputy Joe Costello — to ask the Minister if he intends to review the licensing regime for gas and oil exploration during this Government’s term of office; (7) Deputy James Bannon — the need for the Minister for Education and Skills to review the decision which has led to the suppression of the posts of resource teacher for Travellers (RTT) and the rural co-ordinator for disadvantage at St Mary’s national school, Edgeworthstown, County Longford, the loss of which is detrimental to the continued successful provision of education to the children of Edgeworthstown and leaves the most vulnerable children in the 18 Topical 14 September 2011. Issue Matters school without essential supports, and further, given the population explosion in Edgeworths- town (+68.4% in 2006 census) the urgent need for an increase in the built environment provision; (8) Deputy Michael McCarthy — ambulance service cover in the west Cork area, in particular the intention to reduce ambulance services in Skibbereen; (9) Deputy Dara Murphy — to ask the Minister for the Environment, Community and Local Government the following question which I believe is of national importance. My question concerns the operation of An Bord Pleanála. The Minister will be aware that guidelines about the granting of planning permission for local authorities are strictly adhered to, three months to access a planning application and a further month for consideration. Currently An Bord Pleanála is not bound by any time delay with respect to the processing of appeals that come before it. I suggest that the Minister consider enacting legislation that would require An Bord Pleanála to issue judgments within a similar or at very least a restricted timeframe. It is imperative in my own opinion in the current economic climate that businesses or persons who are keen to proceed with developments are allowed to have the planning process they enter into completed in a reasonably expeditious manner. I would further like to ask the Minister if there is any reason precluding him from introducing such a time restriction and if there is not if he would consider it reasonable particularly given the fewer numbers of planning applications which are now being processed and consequently which are now being sent to An Bord Pleanála. It is also my opinion that given the competitive nature with respect to the choices when identifying a geographical location in which they may invest and consequently employ that factors including how long a planning process may take will be taken into account in some cases. This measure in my opinion will give a defined time period to include planning at local authority level and also at the appeals stage and therefore afford potential investors a finite date during which they know whether they will or will not secure planning permission. On a related matter I would also like to ask the Minster if he is satisfied with the current membership of the board, how they are qualified and how the board is composed. I would also like to know who is responsible for the composition of the board and how often the board is replaced. The reason for this is that I think it would be advantageous to be aware what external forces may impact on the decision making process of the board if any. I am aware of recent objections by groups such as the National Roads Authority and An Taisce, however I wonder if the Minister would concede that for projects involving significant employment capacity that there may be some means of including a socially advantageous job creation objective within the framework of An Bord Pleanála. In other words, if the National Roads Authority is in a position to outline to An Bord Pleanála the potential traffic difficulties that any project may have on the road infrastructure it is my view that there should also be the opportunity for some method of equal advocacy from within the appeals process to identify the social benefits that would accrue by virtue of new and increased job creation. I would be interested if the Minister had some further observations on that point. For example can ministerial orders impact on the process and what are the current guidelines in approving projects, for example, for job creation?; (10) Deputy Joe Higgins — waiting lists for colonoscopies in 2011 compared to last year; (11) Deputy Caoimhghín Ó Caoláin — the need for the Minister for Health to address the delay in the employment of junior hospital doctors which persists in spite of the HSE recruitment abroad of such doctors and the passage of enabling legislation before the Dáil recess; (12) Deputy Jerry Buttimer — the need to reassure the public of steps being taken by the Government to restrict the continuation of excessive pension entitlements of certain high paid civil servants; (13) Deputy Thomas Pringle — the need for the Department to act immediately to ensure that the rural transport in the Gaeltacht areas of County Donegal is re-instated and the people of the area including the islands of Aranmore and Tory have a vital transport service restored that has been lost since the decision of Meitheal Forbartha na Gaeltachta to wind up its operations last week; (14) Deputy David Stanton — to ask the Minister for Education and Skills to 19 Topical 14 September 2011. Issue Debate

[An Ceann Comhairle.] debate the urgent need to provide primary and second level school accommodation in Carrigtwohill, County Cork; (15) Deputy Éamon Ó Cuív — an phráinn a bhaineann le teacht ar shocrú maidir le soláthar an clár LEADER, an clár LCDP agus seirbhísí eile a bhíodh á chur ar fáil ag Meitheal Forbartha na Gaeltachta; and (16) Deputy Richard Boyd Barrett — the Government’s new social housing policy, its affects on housing applicants and its costs to the Exchequer. The matters raised by Deputies Ciara Conway, Paudie Coffey and John Halligan, Éamon Ó Cuív, Dan Neville and Joe Higgins have been selected for discussion.

Topical Issue Debate An Ceann Comhairle: We now move on to our new Topical Issue debate. Before I call the Deputies in question I wish to make a brief point. This is the first time that the new procedure has taken place. The current Standing Orders effectively change the old Adjournment Debate into the Topical Issue Debate. From contact made to my office today it appears 4o’clock that Members are under some misapprehension and there is a need for clarification as to exactly how the procedure for the Topical Issue Debate can be implemented, whether it is the former Adjournment procedure as reflected in the Standing Order changes or a new way of raising topical issues. It falls to my responsibility to select four issues. Topics can range from an immediate, important national issue to some local issue. I have to make a decision on them. For that reason I am convening a meeting of the Committee on Procedure and Privileges next week in order to tease out the matter and to allow the necessary changes to be made, if any need to be made. I am left in the position that I could be criticised or Members could feel very annoyed if their issue was not raised and they felt it was more important than some other issue. That situation did not arise in the old Adjournment Debate. Today we had 18 Members seeking time. It is impossible to give more than one slot to any topic because in this case 18 people sought time to raise issues. This is an important procedural change and it is of interest. I would like to see it working properly. I would like Members to be fully au fait with how they can raise an issue and what sort of issues should be raised or whether we simply transfer the procedure of the old Adjourn- ment Debate into this slot.

Deputy Pat Rabbitte: Did you include, Deputy Finian McGrath, a Cheann Comhairle? He is looking for a candidate.

Deputy John Halligan: A Cheann Comhairle, on a point of order——

An Ceann Comhairle: We are not getting into a debate.

Deputy John Halligan: Could I ask a brief question?

An Ceann Comhairle: No.

Deputy John Halligan: Will you allow me to speak on a point of order, a Cheann Comhairle?

An Ceann Comhairle: No I will not. It is not a point of order. I am making a simple statement.

Deputy John Halligan: You referred to national issues. I note that one of the topical debates is shared by three Deputies. 20 Topical 14 September 2011. Issue Debate

An Ceann Comhairle: Please, Deputy.

Deputy John Halligan: You are allowing us one minute and ten seconds to discuss a national issue. Is that Dáil reform? That is the point I make. You made the point yourself, a Cheann Comhairle.

An Ceann Comhairle: Deputy Halligan should please respect the Chair or he will not be speaking at all.

Deputy John Halligan: I will certainly be speaking for more than a minute regardless of what happens.

An Ceann Comhairle: Deputy Halligan will not be speaking. I will not call the Deputy.

Deputy John Halligan: I will stand up and speak. I am representing the people of Waterford where a major issue arises.

An Ceann Comhairle: Deputy Halligan will not be speaking if that is his attitude.

Deputy John Halligan: We lost 3,000 jobs in two years and 575 jobs are due to be lost. I am a Deputy representing Waterford city and you, a Cheann Comhairle, are allowing me one minute and ten seconds.

An Ceann Comhairle: I will not allow Deputy Halligan any time. He should resume his seat.

Deputy John Halligan: I will not. I want to speak on the issue.

An Ceann Comhairle: Then the Deputy should leave the House.

Deputy John Halligan: I will not leave the House. I have a right to speak. I am representing the people of Waterford where 575 jobs are due to be lost next week.

An Ceann Comhairle: The Deputy must leave the House.

Deputy John Halligan: The Minister came to Waterford with his posse from the IDA——

Deputy Shane Ross: Hear, hear.

Deputy John Halligan: ——with no hope of saving any of those jobs.

An Ceann Comhairle: The Deputy will leave the House.

Deputy John Halligan: Only last week the Minister told the workers he would look after them. The Department of Social Protection and FÁS——

An Ceann Comhairle: The Deputy will leave the House.

Deputy John Halligan: Many of the people in FÁS——

An Ceann Comhairle: The Deputy is a long time in politics and from my memory——

Deputy John Halligan: ——got jobs from all the money being put into the organisation. I am here to represent the people of Waterford and speak about all the jobs that have been lost in Waterford.

Deputy Ciara Conway: As I am. 21 Suspension 14 September 2011. of Member

Deputy John Halligan: Waterford city and county has been abandoned. The Deputy should stand up and speak.

Deputy Ciara Conway: I will speak in the allotted time.

Deputy John Halligan: The Deputy would speak for one minute and ten seconds. Is that her contribution to what has happened in Waterford? Over the past few years some 3,000 people have lost their jobs. Changes are being allowed in the Dáil procedure to benefit all Deputies on an issue of national importance and Waterford has one of the highest unemployment rates in the country. We are being allowed a minute and ten seconds for the debate.

An Ceann Comhairle: I again ask the Deputy to leave the House.

Deputy John Halligan: There will be 45 seconds to sum up after the Minister speaks.

An Ceann Comhairle: I have named the Deputy and he must leave the House.

Deputy John Halligan: I am standing here to speak up for the people of Waterford who elected me and know I am speaking today. I want a debate on what has happened in Waterford over the past three years, as the city has been abandoned by successive Governments.

An Ceann Comhairle: I name the Deputy.

Deputy John Halligan: Will the debate be allowed? It is an insult to be allowed to speak only for one minute and ten seconds, with 45 seconds to sum up. I refuse to do it.

Suspension of Member An Ceann Comhairle: I move: “That Deputy John Halligan be suspended from the service of the Dáil.”

Question put:

The Dáil divided: Tá, 91; Níl, 42.

Tá

Barry, Tom. Doherty, Regina. Broughan, Thomas P. Donohoe, Paschal. Bruton, Richard. Dowds, Robert. Burton, Joan. Durkan, Bernard J. Butler, Ray. English, Damien. Buttimer, Jerry. Fitzgerald, Frances. Byrne, Catherine. Fitzpatrick, Peter. Byrne, Eric. Flanagan, Terence. Carey, Joe. Gilmore, Eamon. Coffey, Paudie. Griffin, Brendan. Collins, Áine. Harrington, Noel. Conaghan, Michael. Harris, Simon. Conlan, Seán. Hayes, Brian. Conway, Ciara. Hayes, Tom. Coonan, Noel. Heydon, Martin. Corcoran Kennedy, Marcella. Howlin, Brendan. Costello, Joe. Humphreys, Heather. Coveney, Simon. Humphreys, Kevin. Creed, Michael. Keating, Derek. Creighton, Lucinda. Keaveney, Colm. Daly, Jim. Kehoe, Paul. Deasy, John. Kelly, Alan. Deenihan, Jimmy. Kenny, Seán. Deering, Pat. Kyne, Seán. 22 Suspension 14 September 2011. of Member

Tá—continued

Lawlor, Anthony. O’Mahony, John. Lynch, Ciarán. O’Reilly, Joe. Lyons, John. O’Sullivan, Jan. McCarthy, Michael. Phelan, Ann. McEntee, Shane. Phelan, John Paul. McFadden, Nicky. Quinn, Ruairí. McHugh, Joe. Rabbitte, Pat. McLoughlin, Tony. Reilly, James. McNamara, Michael. Ring, Michael. Maloney, Eamonn. Shatter, Alan. Mathews, Peter. Sherlock, Sean. Mitchell, Olivia. Spring, Arthur. Mitchell O’Connor, Mary. Stagg, Emmet. Mulherin, Michelle. Stanton, David. Murphy, Dara. Timmins, Billy. Neville, Dan. Tuffy, Joanna. Nolan, Derek. Twomey, Liam. Noonan, Michael. Varadkar, Leo. Ó Ríordáin, Aodhán. Wall, Jack. O’Donnell, Kieran. Walsh, Brian. O’Donovan, Patrick. White, Alex. O’Dowd, Fergus.

Níl

Boyd Barrett, Richard. McConalogue, Charlie. Calleary, Dara. McGrath, Finian. Collins, Joan. McGrath, Mattie. Colreavy, Michael. McGrath, Michael. Cowen, Barry. McGuinness, John. Daly, Clare. McLellan, Sandra. Doherty, Pearse. Moynihan, Michael. Murphy, Catherine. Donnelly, Stephen. Ó Caoláin, Caoimhghín. Ellis, Dessie. Ó Cuív, Éamon. Ferris, Martin. Ó Snodaigh, Aengus. Flanagan, Luke ‘Ming’. O’Brien, Jonathan. Fleming, Sean. O’Dea, Willie. Fleming, Tom. O’Sullivan, Maureen. Halligan, John. Pringle, Thomas. Healy, Seamus. Ross, Shane. Healy-Rae, Michael. Smith, Brendan. Higgins, Joe. Stanley, Brian. Kelleher, Billy. Tóibín, Peadar. Kirk, Seamus. Troy, Robert. Kitt, Michael P. Wallace, Mick. Mac Lochlainn, Pádraig.

Tellers: Tá, Deputies Emmet Stagg and Paul Kehoe; Níl, Deputies Aengus Ó Snodaigh and Seán Ó Fearghaíl.

Question declared carried.

An Ceann Comhairle: The Deputy must leave the House.

Deputy John Halligan: I thought you intended to make the Dáil more relevant.

An Ceann Comhairle: The Deputy must leave the House.

Deputy John Halligan: All you have to do is bring the Minister to the House to deal with the questions——

23 Job 14 September 2011. Losses

An Ceann Comhairle: The sitting is suspended for ten minutes.

Sitting suspended at 4.05 p.m. and resumed at 4.20 p.m.

Topical Issue Debate (Resumed)

————

Job Losses Deputy Ciara Conway: I would like to use my time in this House to best serve the people of Waterford who have been neglected for a decade in terms of industrial investment in the city and the region. Along with my fellow Waterford Deputies, I have the dubious honour of being the first person to use this new Topical Issues Debate. I use the word “dubious” because the news in Waterford over the past few weeks has been appalling. Some 575 people have lost their jobs in TalkTalk in Waterford in the past week and that is the critical issue up for debate this afternoon. Ironically, a company whose job it is to deal in telecommunications proved to do a spectacularly bad job at communicating this bad news to the Government and its workers. Earlier this year we had more bad news in Waterford. GlaxoSmithKline, based in Dungarvan, is to lose 130 of its workers. In September 2009, Teva, the largest pharmaceutical company in the south east, let go 315 workers. Almost 500 jobs went in Waterford Crystal when the company went into receivership in 2009. The glass, as it is known locally, made the Waterford name a proud one and an international byword for quality and elegance and it employed almost 3,000 workers at its peak. Bausch & Lomb, an eye care company, announced 195 lay-offs in March 2009; I could go on. Waterford has become an unemployment blackspot. Currently, more than 15,000 people are on the live register in Waterford; 2,500 of these are in the city alone. That is just not good enough and I intend to use my time in this House to fight for the people of Waterford and the south-east region. This crisis must be tackled. What will be done to tackle this jobs crisis Waterford currently faces?

Deputy Paudie Coffey: I thank the Tánaiste and Minister for Foreign Affairs and Trade and the Minister for Jobs, Enterprise and Innovation for coming to Waterford at short notice to respond to the current crisis in the city. Deputies and public representatives from all parties and from none had ample opportunity to question the Minister for Jobs, Enterprise and Inno- vation, his officials and IDA officials on Monday last. Some of them chose not to stay at the meeting and asked only one question for 30 seconds or so. The sudden announcement last Wednesday by TalkTalk has had a devastating impact on the city and the entire region. The treatment of the workers of TalkTalk demonstrated a lack of courtesy to the workers who have been loyal to it and to the State in which those workers live because the State has not had the opportunity or ample time to try to find alternative employment for that site. Unfortunately, the story has moved on and those workers are now left with the unenviable task of trying to seek employment or perhaps new courses or upskilling. I point out to the Minister, the Dáil and the Government the fact that over the past five years, the live register figure in Waterford has increased from approximately 6,800 to 15,500. There is something fundamentally wrong with Government and IDA policy. The crisis Waterford is currently experiencing did not happen overnight. It is a result of continued neglect and lack of focus from the State agencies and past Governments. Waterford and the south-east region need co-ordinated and specific attention. Waterford is a gateway city. It is a region with almost 500,000 people which does not have university. These 24 Job 14 September 2011. Losses are tangible facts that need to be addressed. What is needed is action by Government and a deep analysis as to why we have this unemployment crisis. The people of Waterford have spoken. They are worried and concerned. This problem could visit other regions quite easily and we need to stop it now while we can.

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I thank the Deputies for raising this issue and I understand their sense of the huge blow this is for Waterford, in particular for the workers concerned. I was first informed of this decision on Wednesday, the day it was to be announced. I was dismayed, as was the IDA, at the way this was handled. In discussions with the CEO, local management and the representatives of head office in Waterford on Monday, I continued to press for a longer period because it is important not only for workers adjusting to it but also to give the IDA every chance to market this effectively as a going concern. A plant with workers and the skills they have built up is much more saleable while it is in operation than if it is closed. I had a series of meetings with public representatives and business. I met the workers and the management and the city manager and business interests in Waterford on Monday. The message was very clear in that Waterford has not benefited from the advances in the good times and it has been badly affected in the more difficult times of late. On foot of that, I have instructed my agencies to put together an action plan for Waterford and the south east region to look at the areas they can intensify, at the way it is being supported and at the strengths and weaknesses of the area. That was reflected in the discussions I had with local representatives. There was a sense that there needed to be this sort of hard analysis as to why Waterford, with the strengths it has, not been more successful. That is the task I have set the agencies to complete within one month. When that is done we will look afresh at what action can be taken and whether there are further, deeper issues which need to be assessed in some other way. I am determined to give Waterford the priority it correctly deserves. A casual view of the unemployment numbers and the history of industrial performance in recent times indicate that there are things which are wrong. I am addressing those and I am committed to having an effective action plan to address them. There are issues of a long-term nature as well as things of a more short-term nature which we can address in the near term but we need to take a hard look at this to see how we can better support the enterprise sector in Waterford and set out the actions we can take in the near term and in the longer term.

Deputy Ciara Conway: I thank the Minister but I emphasise at this critical time for Waterford that talk, talk is not enough and that we need is action, action. The Minister said the agencies will come together. The programme for Government promised that 50% of IDA funding will focus on the areas outside Dublin. Will the Minister ensure that the south east and Waterford is the focus of that 50% of IDA funding in the future because talk is no longer enough? We must see action.

Deputy Paudie Coffey: I am aware the Cabinet discussed this matter and gave it very serious attention late last week. It is important the crisis in Waterford receives that type of attention. Waterford has a proud industrial and manufacturing past. It has a willing and an educated workforce and people who are resilient. They have shown this summer, through the Tall Ships Festival and many other good things, the positive contribution Waterford city and the south- east region can make as a gateway to this country. It is important all Departments are instructed by Cabinet to respond to this crisis. It is not only the job of the Minister for Jobs, Enterprise and Innovation. Waterford is located in the 25 Meitheal Forbartha 14 September 2011. na Gaeltachta

[Deputy Paudie Coffey.] heart of the south-east region which has huge potential from an agriculture and agrifood perspective. As Ireland’s oldest city, it has great tourism potential, so the Minister for Tourism, Culture and Sport has a part to play, as do all Ministers. This type of focus must remain even after the hype, some of which we saw today, and the media attention die down. A concentrated, focused effort with real and tangible action is needed for the workers and the people of Waterford and the south-east region in the years ahead.

Deputy Richard Bruton: I acknowledge the support of Cabinet colleagues. The Minister for Social Protection responded immediately and staff from the Department have been in TalkTalk during the week and, indeed, were there last week. The Minister for Education and Skills also responded immediately and the support of FÁS for the workers is in place. In addition, the Minister for Education and Skills indicated that work on the proposal for a technological university, which is to be explored as part of the programme for Government, is being accelerated. Clear criteria will be developed for that opportunity, which arose in discussions. We need immediate action in the enterprise domain, but I also recognise that this assessment of strengths and weaknesses will throw up issues that are relevant for other Departments. On foot of that, I will bring to the attention of other Departments areas of action that have the potential to assist. I accept that IDA Ireland has been meeting its target for 50% of activity outside Dublin but, for whatever reason, Waterford has not been doing as well as other regions outside the capital. I acknowledge there is an issue as to why Waterford, despite its offerings — and it has significant strengths — is not performing as well. That is why it is important to examine this matter to see what items we can correct in the short term to enhance that performance. It is our ambition to see Waterford doing better both from overseas investment and indigenous companies. We need to create an engine of indigenous growth in this country. Some 14 years after being in the Department, I am disappointed to see that the indigenous sector’s contribution to our exports has not been enhanced in that time. We must re-examine the weaknesses in that regard.

Meitheal Forbartha na Gaeltachta Deputy Éamon Ó Cuív: Before I commence, may I ask if the Minister of State, Deputy O’Dowd, has direct responsibility for the Partnership Programme? My understanding was that under this new Topical Issue Debate, the Minister with direct responsibility would attend the House and not fob it off on the Minister of State.

Deputy Dan Neville: Like Deputy Ó Cuív did.

Deputy Jerry Buttimer: They were never responsible for anything.

Deputy Éamon Ó Cuív: Does the Minister of State have direct responsibility for partnership companies?

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Fergus O’Dowd): Yes, I have. I am responding on behalf of the Department to the issues the Deputy has raised.

Deputy Éamon Ó Cuív: Yes, but we were given a commitment.

An Ceann Comhairle: The Deputy is using up some of his time. 26 Meitheal Forbartha 14 September 2011. na Gaeltachta

Deputy Éamon Ó Cuív: On the first day in, the Government goes back on what it said it was going to do.

Deputy Jerry Buttimer: The Deputy will be in Opposition for a long time.

Deputy Éamon Ó Cuív: That will be a matter for the Irish people to decide, not the Deputy.

Deputy Jerry Buttimer: They have decided already for this term.

Deputy Éamon Ó Cuív: That is correct, but for the next term they will decide again.

A Deputy: That was on the basis of a false promise. Deputy Buttimer should be careful.

Deputy Jerry Buttimer: Deputy Ó Cuív did not run for the Park.

An Ceann Comhairle: Will Members please allow Deputy Ó Cuív to make his case?

Deputy Éamon Ó Cuív: Mar is eol don Aire Stáit, d’éirigh MFG as trádáil gan choinne an tseachtain seo caite. Bhí iniúchadh a chur mé féin ar bun á dhéanamh ar gnóthaí MFG. Bhí an tuarascáil sin réidh roimh an Aire nuair a tháinig sé isteach sa Roinn. Ba mhaith liom i dtosach báire ceist a chur ar an Aire Stáit faoin eolas a bhí ag an Aire maidir leis na fadhbanna a bhí in MFG agus, go deimhin, na céimeanna a bhíághlacadh ag an Roinn agus ag an Aire chun déileáil leis na fadhbanna sin, a bhí ar eolas acu. Is dóigh liom nach dtuigeann an Aire an caillteanas móratá i gceist sa chinneadh a rinneadh an tseachtain seo caite, ó thaobh cailliúnt seirbhísí agus postanna de. Tá práinn le réiteach a fháil ar na fadhbanna seo. Creidim gurb é an bealach is fearr ar aghaidh ná teacht ar réiteach eatramhach ar na fadhbanna. Tógadh an cinneadh Dé Céadaoin seo caite agus bhí cruinniú Dé hAoine seo caite idir an Roinn, Pobal agus MFG. De réir mar a thuigim é,ní raibh an tAire i láthair — níor b’fhiú don Aire bheith i láthair nuair a bhí an cheist fíor-thábhachtach seo don Ghaeltacht á phlé. Ba mhaith liom míniú afháil ón Aire, a bhfuil freagracht air i dtaobh na ceiste seo, cénfáth nach raibh sé iláthair ag an gcruinniú sin. Ba mhaith liom eolas a fháil ar céard atáádhéanamh, nó céard atá beartaithe le déanamh, chun déileáil leis an gceist seo anois, agus cad atá i gceist a dhéanamh chun na seirbhísí seo a chur ar fáil arís agus poist a chaomhnú. Tá sé thar a bheith tábhachtach, in aon socrú nua a dhéanfar, go gcuirfear na seirbhísí ar fáil trí Ghaeilge. Bunaíodh Meitheal Forbartha na Gaeltachta chun déanamh cinnte go mbeidh seirbhísí ar fáil do Ghaeilgeoirí na Gaeltachta ina dteanga fhéin. Ní bheadh sé sásúil dom, nó do phobal na Gaeltachta, dá smaoineófaí ar na seirbhísí sin a chur ar fáil in aon teanga eile. Ba mhaith liom a dheimhniú go bhfuil sé i gceist ag an Aire casadh le bórd iomlán MFG. Cén uair atá sé i gceist aige casadh leo? Cad iad na socruithe atá i gceist a dhéanamh chun a chinntiú go mbeidh na cláracha Leader agus LCDP, agus na cláracha eile a bhíáreachtáil ag MFG, ar fáil do phobal na Gaeltachta amach anseo?

Deputy Fergus O’Dowd: Ba mhaith liom freagra a thabhairt don Teachta. Tá sé an-thábhach- tach go réiteofaí an cheist práinneach seo ar son muintir na Gaeltachta, go háirithe. Tá an Aire agus an Roinn ag déanamh a ndícheall lá agus oíche chun an scéal seo a socrú, i dtreo is go gheobhaidh gach chuid de gach Gaeltacht sa tír an buntáiste atá ag teastáil ón airgead seo. Is é sin an bun-aidhm atá againn ar an taobh seo den Dáil. Tá súil agam go bhfuil an Teachta Ó Cuív ag cabhrú linn sa mhéid sin. Mar is eol don Teachta, is comhlacht é Meitheal Forbartha na Gaeltachta atá ag obair sna Gaeltachtaí i gCorcaigh, Ciarraí,Dhún na nGall, Gaillimh, Maigh Eo, an Mhí agus Port Láirge. This company operates a number of programmes on behalf of the Department of the Envir- 27 Meitheal Forbartha 14 September 2011. na Gaeltachta

[Deputy Fergus O’Dowd.] onment, Community and Local Government, agus Ranna eile. Tá an comhlacht seo ag obair sa Roinn ina bhfuil mé i mo Aire Stáit. The programmes that are being delivered from my Department are rural walkways, rural development programmes and the local and community development programme. Is comhlacht neamhspleách lena mbord fhéin é MFG. Tá dualgaisí aige ó thaobh company law de. It — bord an chomhlacht — has responsibilities under company law with regard to the proper stewardship of that company. Níl aon baint ag an Roinn leis na rudaí inmheánacha atá ar siúl i measc na gcomhlachtaí seo, ach go háirithe. Dá bhrí sin, níl aon ról ag an Roinn in relation to rudaí inmheánacha, go mórmhór na daoine atá ag obair ionta agus na rudaí a bhaineann leo. Tá an dualgas iomlánar an mbord na rudaí sin a réiteach agus a chur chun cinn, másféidir. Mar is eol duit, a Theachta, Pobal, which manages the Local and Community Development Programme on behalf of the Department, commenced an audit of MFG in January 2010. The audit findings and associated recommendations were notified don comhlacht sin in June 2010. An independent executive, Mazars, was appointed by Pobal to MFG on 30 June 2011 to examine the outstanding audit issues and identify suitable mechanisms for their resolution. The executive presented their interim findings to Pobal in mid-August 2011 and presented their recommendations and progress to the board of MFG on 7 September 2011. The final status on the recommendations was scheduled to be presented by the independent executive to Pobal by 30 September 2011. LCDP funding was temporarily extended to September 2011 to facilitate the completion of the final report. MFG has confirmed that its board, on examination of the company’s financial situation, took the decision to cease trading as of 4 p.m. on 7 September 2011 on the basis of insolvency. The board has also confirmed that all staff contracts have been terminated since the board meeting. On 9 September, a meeting was held with representatives from the Department, Pobal, Mazars and MFG. This meeting was used to gain clarifications on the specific decisions taken by the company and on its progress on implementing these decisions. The company was strongly encouraged to avail of financial advice, alongside the legal advice which, it was stressed, is imperative immediately. It also committed to effect all other necessary work to meet its statutory obligations. It was agreed that MFG would take full legal advice on the necessary steps and that the company would ensure it is fulfilling all statutory duties relevant to its situation. The Depart- ment and Pobal are awaiting a written update on this work.

Deputy Éamon Ó Cuív: Ba mhaith liom buíochas a ghlacadh leis an Aire ach, in ndáiríre, níor fhreagair sé na buncheisteanna. An chéad cheist, muna n-éiríonn le MFG ord a chur a a chuid gnóithe céard iad na socruithe eile atá i gceist a dhéanamh leis na seirbhísi a chur ar fáil don phobal, is é sin, seirbhísí chomhlucht Leader agus LCDP, an local community and development programme? Ar ndóigh tá an comhlucht neamhspleách. Ach muna bhfeidhmíonn sé de réir critéir na Roinne nílsé neamhspleách, mar tá an Roinn ag tabhairt a gcuid airgid. Mar sin, muna bhfuil sé ag feidhmiú cad iad na malairt socruithe atá i gceist a dhéanamh le déanamh cinnte go mbeidh na seirbhísí seo ar fáil do phobal na Gaeltachta? Bhí dóthain ama agus dóthain fógra go raibh an fhadhb seo ann. An dara rud, an bhféadfadh an t-Aire a dheimhniú dom go raibh an dliteanas ar fad a tharraing an trioblóid seo ag dul don Stáit? I gcás amháin, tá ordú Ard Chúirte go gcaithfear duine áirithe a íoc agus ní raibh aon rogha ag an Stáit ach aisíoch a dhéanamh ag MFG i dtaobh an duine sin. De bhreis ar sin, de réir mar a thuigim is dliteanas de thart ar €100,000 é,deréir tuairiscí. An bhféadfadh an t-Aire a dheimhniú gurb shin an dliteanas atá i gceist? Cuireann 28 Suicide 14 September 2011. Incidence sé iontas orm nach rabhthas in ann teacht ar shocrú leis an gcomhlucht maidir leis an €100,000 sin agus déanamh cinnte go leanfadh an comhlucht ag déanamh na hoibre a raibh sé ceapaithe adhéanamh ar son phobal na Gaeltachta. Níor thug an t-Aire aon fhreagra céard atá i gceist a dhéanamh. Ta pobal na Gaeltachta gan na seirbhísí seo. Cén uair ar féidir linn a bheith ag súil go mbeidh na seirbhísí seo ar fáil do ghnáth mhuintir na Gaeltachta atá ag braith ar na seirbhísí seo agus atá ag fanacht ar chúnamh airgid nach bhfuil ar fáil anois.

Deputy Fergus O’Dowd: Tá sé an-tábhachtach go mbéadh na seirbhísí sin ar fáil ins na gaeltachtaí chomh luath agus is féidir iad a bheith ann. Tá sé an-thábhachtach go mbéadh an Roinn ag déanamh a dhícheall chun na seirbhísí a chur ar fáil, más rud é nach bhfuil an comhlucht in ann é sinadhéanamh. Tá an Roinn ag déanamh a dhícheall. It is currently working on both long-term and short- term solutions to ensure the continued delivery of the programme for rural and Gaeltacht areas. At this stage, is féidir liom geall a thabhairt gur féidir aon project promoter who already has contractual commitments under RDP to have his or her contract honoured. Tá sé sin thar a bheith soiléir anois. I assure the Deputy that the intention is to find an efficient and effective solution that can be applied at the earliest opportunity. My Department would be happy to brief Deputies from Gaeltacht areas to ensure they are fully informed at every stage of this process, which is critical for the Gaeltacht. The funding that MFG has been given to spend in 2011 amounts to €1.8 million. It is also contracted to deliver other services between 2007 and 2013. The financial allocation to MFG over the programme period to the end of 2015 will be more than €17 million. Tá sé an-tháb- hachtach ar fad go mbéadh an t-airgead caite san áit cheart. Déanfaidh mé sár-dhícheall go dtarlóidh sé sin.

Deputy Éamon Ó Cuív: An féidir leis an Aire a dheimhniú gur €100,000 atá i gceist, give or take?

Suicide Incidence Deputy Dan Neville: According to the recently published provisional figures on suicide rates for 2010, 486 people died by suicide that year. For every individual who died, ten people were directly traumatised. For the purpose of making accurate international comparisons, undetermined deaths are included in the suicide rates. The figure for undetermined deaths last year was 123. Chooselife, which is the Scottish programme for suicide prevention and is regarded as very progressive in this area, advises that the inclusion of undetermined deaths protects against under-recording and provides more accurate figures for international and geographical comparisons. If we take this formula into account, 603 people died by suicide last year. The substantial increase in recent years is directly associated with our economic difficulties. International research indicates that suicide rates increase by approximately 25% during times of recession. In 2009, the incidence of suicide in Ireland increased by 25%. Research in this area goes back to the 19th century. Mental ill health resulting from recession, loss of employment, reductions in income or eviction can stress family relationships and people often take solace in drug or alcohol abuse. The incidence of mental illness, especially depression, and suicide increase. I welcome the programme for Government’s commitment to ring-fence an additional €53 million per annum for implementing the recommendations set out in A Vision for Change. In 29 Suicide 14 September 2011. Incidence

[Deputy Dan Neville.] 2010, only 5.3% of the total health budget was allocated to mental health services, compared to 13% in 1986, and A Vision for Change recommends that the allocation should be 8.4%. I suggest to the Minister for Health that €53 million per annum is inadequate to achieve the level of spending recommended and the commitment should be revisited.

Minister for Health (Deputy James Reilly): I thank Deputy Neville for raising this important issue. I am aware that the number of deaths by suicide has increased in recent years. Discussing statistics in this context seems cold and unfeeling but we need to be aware of the increasing number of deaths by suicide. In regard to the Deputy’s assertion on the number of deaths that are not reported in the statistics as suicides, we must be consistent in making comparisons until we make a decision on moving in that direction. There is no doubt that the suspicion arises in certain incidents, such as single vehicle fatal accidents, that suicide was involved. The suicide rate in Ireland had been undergoing a gradual decline, from 497 in 2003 to 458 in 2007. These decreases gave cause for optimism that the action taken at local and national level to prevent suicide was having a positive impact. However, the number of deaths by suicide increased to 506 in 2008, an increase of 10.5% over the 2007 figures, and the provisional figures from the Central Statistics Office are 527 for 2009 and 486 for 2010. These are staggering statistics and they show that more people lose their lives from suicide than on the roads. The increases in 2008 and 2009 were largely in the middle age groups, which we think were severely affected by the economic downturn. Male suicides outnumber female suicides by a ratio of 4:1 and in some younger age groups the ratio is 7:1. While welcome, the reduction between 2009 and 2010 still leaves us to deal with a high level of suicides. Reach Out, our policy strategy on suicide prevention, outlines the actions that need to be taken to prevent suicide and deliberate self-harm and increase awareness of the importance of good mental health. The National Office for Suicide Prevention is responsible for the implementation of Reach Out. A number of suicide prevention initiatives have been progressed in recent years, including the development and implementation of the ASIST and Safetalk national training programmes and the development of mental health awareness campaigns through TV, radio, cinema and outdoor advertising and the production of websites and written material. In 2011, mental health awareness campaigns will focus on young people and those in distress as a result of their economic vulnerability. There is continued support for voluntary organisations working in the field of suicide prevention; this year, with the additional €l million provided for suicide prevention, a further 25 programmes were funded. Specialist training has been agreed and implemented with the Garda, the Prison Service and the Defence Forces and work is under way with the fire and ambulance services. In addition, a “tough economic times” information and training programme has been introduced for the staff of organisations such as citizens advice centres, the Money Advice and Budgeting Service and so on. During 2011, the National Office for Suicide Prevention will continue to develop both the number and range of training and awareness programmes, including the ASISTprogramme, to reach the most vulnerable in our communities; improve and standardise the response to deliberate self-harm presentations; develop the capacity of primary care to respond to suicidal behaviour and consider new models of response; and ensure that helpline supports for those in emotional distress are co-ordinated and widely publicised. Within each of these four areas an emphasis will be placed on the most vulnerable groups identified in Reach Out and more recent research.

30 Hospital Waiting 14 September 2011. Lists

Deputy Dan Neville: I thank the Minister for his response. While he has pointed to several positive developments, the reality is that we are coming from a very low base given the historical neglect in the area of suicide prevention and mental health service provision. I welcome the firm commitment given by the Taoiseach at the People of the Year Awards last weekend that the resources of the Government will be available to develop and improve mental health services in order to save lives and support the 70,000 people each year who attempt suicide or engage in self-harm. Will the Minister comment on reports that the level of staffing at the National Office for Suicide Prevention has been reduced? While the budget for the office is currently in the region of €4 million, the programme for Government includes a commitment to increase the level of funding. I propose that it should be increased to €10 million over the lifetime of the Govern- ment, which would require an additional €2 million from the €35 million allocated to mental health services. I refer not to additional funding which must be found from somewhere else, but to the funding that is already committed to mental health services. An allocation of €2 million per annum should be given to the Office for Suicide Prevention from this funding line to deal specifically with suicide prevention. I take this opportunity to thank the director of the office, Mr. Geoff Day, who has announced his retirement, for his excellent work since its establishment. Suicide prevention is an important arm of health service provision within the Health Service Executive and it is important that the Office for Suicide Prevention is given additional support. The current allocation of €4 million has been totally inadequate to deal with the issue nationally.

Deputy James Reilly: Deputy Neville’s commitment in this area is well known for many years. I accept that the service base is low and that much requires to be done. Nevertheless, I remind the Deputy that within our primary care strategy, it is our intention that each primary care centre will have a mental health facility so that people with mental health problems will be treated in the same way as any other patient, thus helping to remove the stigma associated with mental illness. It often seems to be acceptable to talk about one’s sore leg or chest pain but not to talk about mental health difficulties. That stigma must be debunked. I too pay tribute to Mr. Geoff Day for all the work he has done. Some stories in the press have suggested he is leaving because of a lack of resources. This is not the case. I met him last Friday at the Console conference where he made clear to me, as he had done earlier to conference attendees, that he is taking the opportunity to pursue a master’s degree at Trinity College. He had intended to retire next year but has done so a little earlier in order to commence his studies. Mr. Day has generously and kindly offered his services to us in the coming years. I am grateful to him for that and have no doubt he will continue to be a very valuable resource.

Hospital Waiting Lists Deputy Joe Higgins: I thank the Ceann Comhairle for selecting this vital issue for discussion. Some days ago we heard the shocking revelation that the number of people waiting longer than three months for a colonoscopy has more than doubled in the past year. Colonoscopies are used in the early detection of bowel cancer and are therefore a crucial life-saving measure. It is shocking that the waiting list now stands at more than 2,400, according to the National Treatment Purchase Fund. The Irish Cancer Society has stated that more people than ever before are now waiting longer than three months for this crucial test, with an additional 1,400 joining the list in the past year. Beaumont Hospital in Dublin has the largest waiting list at 662. The waiting list at St. Luke’s General Hospital in Kilkenny is also very large. This should strike a particular chord because it was there that a young mother, Susie Long’s, diagnosis of 31 Hospital Waiting 14 September 2011. Lists

[Deputy Joe Higgins.] bowel cancer was delayed by a catastrophic seven months in 2005 to 2006, which cost her life and deprived her family of a devoted partner and mother. She died because she was on a public waiting list. Had she been wealthy or covered by private health insurance, it is most likely this tragedy would have been averted. The then Minister for Health admitted that the health service nationally had failed Susie Long and many others in her position. Five years later, it is shameful in the extreme that waiting lists are lengthening. It is little wonder that Conor MacLiam, husband of Susie Long, has expressed his anger that after the tragedy he and his family endured, a situation could continue where other people might suffer the same fate. That is a betrayal of the serious, solemn promise made following Susie Long’s death that nobody would have to wait longer than a month for a colonoscopy. No doubt the waiting times have been badly affected by the savage cuts in hospital funding being ruthlessly implemented by the HSE. For example, Blanchardstown hospital, which has a long list, has endured a savage reduction of 19% in its funding in the last two years. Colleagues and I have received correspondence from 23 doctors there describing the catastrophe this is causing. These life-threatening cuts are being made while the Government continues to spend tens of billions of taxpayers’ funds to salvage the European financial institutions and Irish speculators who gambled recklessly in Irish property. The EU-IMF-ECB strictures on austerity are placing people’s lives under threat. The HSE claims that almost all patients who 5o’clock require colonoscopies and who are deemed urgent cases are tested within 28 days. This is disingenuous and highly misleading. The Irish Cancer Society points out that there is no clinical way of identifying all urgent cases since bowel cancer can be well advanced in some cases before severe symptoms are detected. The delays in providing colonoscopies are condemning to death people who depend on our public health service and cannot afford private care. Why has the promise that nobody would wait longer than one month for a test for bowel cancer not been implemented? What is the Minister’s timeframe to effect that promise? Will he give us the precise and immediate schedule showing what resources will be made available to honour the pledge made to the memory of Susie Long and in memory of all those who have tragically suffered, including many who have died, from bowel cancer?

Deputy James Reilly: I welcome the opportunity to speak about the issue of colonoscopy waiting times. As has been widely reported, the most recent waiting list figures provided by the National Treatment Purchase Fund to the Irish Cancer Society show 2,418 people are waiting longer than three months for colonoscopy tests. I have no hesitation in saying that both the numbers waiting and the longer waiting times are unacceptable. That is the reason the HSE has put in place a specific waiting list initiative to address this issue. It is important to point out that colonoscopy tests are carried out to monitor a range of other conditions besides cancer, including bowel disorders such as Crohn’s disease and inflammatory bowel disease. I would like to clarify that while more than 50,000 colonoscopies a year are carried out in our public hospital system, the vast majority of patients are diagnosed as not having cancer. In 2009, the HSE provided hospitals with national guidelines on managing colonoscopies. This included a definition to prioritise patients referred for colonoscopy services into two groups, urgent and non-urgent. The target timeframe within which urgent cases must be seen is four weeks. I accept, as Deputy Higgins said, that there is no exact science in terms of identifying all urgent and non- urgent cases. The symptoms which make a situation urgent are well known and these should receive priority. That is the way it has to be. However, I do not accept this number of people 32 Hospital Waiting 14 September 2011. Lists should be on a waiting list for a colonoscopy, urgent or non-urgent. I will deal in a moment with how we are going to address that. The target timeframe within which urgent cases must be seen is four weeks. Data on waiting times for urgent colonoscopies has been collected. The monthly performance reports from the HSE show that the vast majority of people requiring an urgent colonoscopy receive the procedure within the 28 day target. In the month of June, 98.1% of patients waiting for an urgent colonoscopy had the procedure within the 28 day target. Nationally, five patients were outside the 28 day target. This is a slight improvement on the May figure, when the rate was 97.8%, with 20 people outside the 28 day target. It is important to stress that the NTPF waiting list referred to by the Deputy does notinclude urgent cases which are assessed and deemed by a doctor as being at risk from cancer. With regard to HSE waiting lists initiatives for routine colonoscopies, the figures from the NTPF show that more than 1,600 people are waiting three to six months and a total of 2,418 are waiting up to 12 months and longer for the procedure. As I mentioned earlier, the HSE has put in place a specific waiting list initiative which will see at least an additional 3,000 endoscopies, namely, colonoscopies and upper GI endoscopies, take place by the end of the year in hospitals where there are waiting lists. The aim of this initiative is to increase access to routine colonoscopies for patients. A second phase of this initiative will bring the total additional number of endoscopies to be undertaken to 7,000. The initiative involves providing funding to around 20 hospitals which will allow additional procedures to be undertaken within a strict timeframe during 2011 in order to address current problems. It may involve referral of patients to a different HSE hospital in line with the NTPF approach. This approach has a number of benefits, including increased access for patients, reductions in waiting lists for hospitals and assisting candidate screening colonoscopy units in their preparation for participating in the national colorectal screening programme which is scheduled to commence in 2012. HSE monthly performance data show that practically all of those referred for urgent colonoscopy are being seen with a 28-day time frame. In addition, in regard to waiting times for non- urgent colonoscopy, I welcome the HSE’s specific targeted initiative to address these and to ensure that those referred are seen in a timely manner.

Deputy Joe Higgins: The Minister agreed with the Irish Cancer Society that it is not possible to clinically identify urgent cases. The response prepared for him by the HSE relies on the fact that so-called urgent cases are seen within 28 days. However, many cases of cancer, which could be advancing with detection, will not, therefore, fall within the urgent case cohort. That issue has not been dealt with. The only way this can be dealt with comprehensively is if the one month maximum waiting time is absolute in every hospital in every part of the country. The Minister has, with respect, contradicted himself in his reply. I ask that he be more precise. Within which timeframe will every person needing a colonoscopy be given the procedure? Does the Minister accept that the pressure which hospitals are under in terms of resources militates against that type of service being available and that it is an urgent issue which must also be addressed by him? In reality, this is a cancer waiting list. Poor people, those on modest incomes and affected by the recession and the tens of thousands forced out of private insurance are now potential victims in this scenario.

Deputy James Reilly: I will try to address both of the Deputy’s questions in the short time available to me. I have not contradicted myself. We know with certainty the cases that are urgent. We do not know with certainty the cases that might be urgent. That is the way cases 33 Leaders’ 14 September 2011. Questions

[Deputy James Reilly.] are categorised. In other words, we know the symptoms which cause concern and should be seeking to identify. Doctors know such cases are urgent. That is not to suggest that people with innocuous symptoms will not also transpire to have cancer. Let us face it, in some jurisdictions which carry out routine colonoscopies cancer is identified despite the patient having no other symptoms. Given the current climate, we are focussing on urgent cases. It is our intention, through the additional resources we are putting in place, to tender to have the backlog of colonoscopies in hospitals cleared. I cannot, however, tell the House today how much funding is being put aside as to do so would render the tender expensive. In other words, if people know how much money we have that is the amount at which they will pitch their tender. I will not share that information with the House as I want to get best value for the taxpayer and the best service for the patient. The Deputy is correct that hospitals are under pressure. It is a legacy of the previous Govern- ment that hospitals were €70 million in the red at the commencement of this year. The previous Government allowed a huge overrun in activity in the first three months. We must also meet our commitments under the EU-IMF arrangement.

Deputy Timmy Dooley: We treated the patient. That is the problem.

Deputy James Reilly: We are faced with a cut of almost €1 billion this year and a further €500 million next year.

Deputy Timmy Dooley: Our mistake was to treat the people.

Deputy James Reilly: No roaring, shouting, giggling or laughing from Deputy Dooley or others on the opposite side of the Chamber will change those facts. That is the reality.

Deputy Timmy Dooley: The Minister is accusing us of treating patients.

Deputy James Reilly: I would like the message to go out that we have a strategy to address this backlog. We are putting in place additional funds to make that happen and are addressing the issue in a manner which we hope will yield maximum result for patients who need this service.

Deputy Willie O’Dea: The same strategy as applies to the hospitals.

Leaders’ Questions Deputy Micheál Martin: We start a new Dáil term today——

Deputy Jerry Buttimer: With no candidate.

Deputy Micheál Martin: ——with a commitment to honesty and transparency. The Taoiseach may not have seen it from his office but outside this House today there is a group of pensioners pointing out the truth of the effect of this Government’s raid during the last term on private pensions.

Deputy Jerry Buttimer: Was Mr. Gay Byrne advising Deputy Martin?

Deputy Micheál Martin: The Taoiseach, when asked again and again in May and June about this issue, dodged the questions and hid the truth. It took the Freedom of Information Act to for us to uncover that the Government received and ignored repeated warnings about the 34 Leaders’ 14 September 2011. Questions damage this levy could do. The Taoiseach hid that information from the House. I sought this information in May and June and the Taoiseach refused to provide it. Before the Taoiseach repeats his standard line minimising the impact of this levy, he should consider the following. One member of the group with whom I met today is drawing a pension of €10,000 per annum. The effect of the pensions levy, and the Government’s insistence, through legislation, that the pensioner pays, on this individual is not 0.6% as trumpeted by the Taoiseach but 10%. This man’s income falls from €10,000 per annum to €9,000 per annum for the next four years. This is just the start of it. At least 70,000 other private pension holders in this country will feel the full impact of the levy from 25 September onwards and that is just the first tranche. For the purposes of political gimmickry, the Taoiseach ignored the advice of qualified experts in the Departments of Finance and Social Protection. The Minister for Finance and the Minister for Public Expenditure and Reform were warned that this levy was coming at the worst possible time as employers and employees do not have the resources to make additional contributions. The result since its introduction has been no new jobs and more people on the live register. It is clear the Taoiseach withheld crucial information about the danger of the levy when he pushed it through the House. It has become increasingly clear that the initiative was less about creating jobs and more about the image-building that characterised his early days in Govern- ment. Will the Taoiseach acknowledge that the impact of this levy on the 70,000 people, at a minimum, who will be hit by it at the end of the month will be significantly more damaging than he admitted at the time of its introduction?

The Taoiseach: Deputy Martin is welcome back. I would be the first to acknowledge that it would be wonderful to stand up here as Taoiseach and have very different stories to tell. The Deputy speaks of gimmickry, dodging the issue and truth. The entire litany of what he and his colleagues went through for 12 years——

Deputy Jerry Buttimer: A scientific litany.

The Taoiseach: ——has left this country in a mess this Government will have to sort out. Every single person wants to contribute to rectifying our country in getting back to a state where our public finances are in good shape, where jobs are being created and where a future is created for our young people.

Deputy Micheál Martin: Answer the question.

The Taoiseach: The Freedom of Information Act speaks for itself. Deputy Martin stated that this information was hidden from him. He has it in front of him. He saw it in May and June.

Deputy Micheál Martin: That is not what I asked.

An Ceann Comhairle: Please allow the Taoiseach to reply.

The Taoiseach: That is what the Freedom of Information Act was introduced for by the Fine Gael-Labour Government in previous years. We will make changes to it in due course because the Deputy’s crowd tried to restrict it even further.

Deputies: Hear, hear.

The Taoiseach: This comes from a Deputy who commissioned 130 reports that were never seen or looked at on shelves, all of which were produced at public expense. I recognise the challenge that so many people in our country face today as do they and they want the Govern- 35 Leaders’ 14 September 2011. Questions

[The Taoiseach.] ment to sort out this problem. There is no point in living in fantasy land or behind the shadows here. The levy was introduced by Government decision as a temporary measure for job creation facilities and there is an impact.

Deputy Timmy Dooley: Where are the jobs?

The Taoiseach: I recognise that the introduction of a levy will impinge on people, as does every levy. We all understand that. This was made clear by the Minister for Finance that, given the circumstances in which the Government found the country following the recent general election, decisions must be taken that will point the country in the right direction.

Deputy Michael McGrath: Answer the question.

The Taoiseach: Thanks be to God for the first time in years there are signs of confidence returning both in terms of the international perception of Ireland and the reality at home.

Deputies: Hear, hear.

The Taoiseach: Yes. I feel for the pensioner Deputy Martin mentioned but this is a temporary levy and its proceeds are used for job creation and getting people off the dole.

Deputy Micheál Martin: Will the Taoiseach accept——

An Ceann Comhairle: I ask the usual chorus to stay quiet.

Deputy Alan Shatter: The people are paying for the Deputy’s abject failures as well.

An Ceann Comhairle: Will the Deputy please give us a break?

Deputy Micheál Martin: The Taoiseach’s party political game-playing is cold comfort to the people outside on €10,000 per annum who, through the levy, will be reduced to €9,000 per annum. I find it incredible that he would stand up here and say that a Dáil Deputy should wait for freedom of information requests——

Deputies: Hear, hear.

Deputy Micheál Martin: ——before he or the Minister for Finance would provide the information on the floor of the House to facilitate debate, on fundamental questions that go to the heart of this issue in terms of those concerned. It is a disgrace and it is incredible that he would have the nerve to say that in this House. How dare he say it. It shows an absolute disrespect for this House and for the right of Deputies to the most basic information on budgetary decisions. The pension levy was the Taoiseach’s idea.

Deputy Alan Shatter: The Deputy——

Deputy Micheál Martin: He ignored the advice he received on the damage it would cause. He repeatedly sought to hide the information and to prevent it coming before the House. It was a disgraceful performance in terms of a Government that has trumpeted transparency in respect of more information that is allegedly supposed to come before the House. I asked in May and June, during Leaders’ Questions, if the Taoiseach sought and received legal advices and, if so, if he would lay those advices before the House. It was mid-summer before we got that information through the Freedom of Information Act. The Taoiseach delib- 36 Leaders’ 14 September 2011. Questions erately misled the Dáil and deliberately hid this information from the House because he did not want the truth to come out at the time.

Deputy Bernard J. Durkan: Shame on Deputy Martin.

Deputy Micheál Martin: In regard to the register of jobs, there are 28,000 more people on the live register since the Taoiseach made the announcement about the pension levy.

Deputy Alan Shatter: It is the Deputy’s legacy. It is a great example of brass neck.

An Ceann Comhairle: I call the Taoiseach who has one minute to reply. I ask Deputies to please stop the heckling as nobody can hear what he is saying.

The Taoiseach: It appears those in the Opposition are under some pressure. At least the information was made available to the Deputy through the freedom of information mechanism and it did not fall behind the radiator like some other documents he saw in the past.

A Deputy: That would not fit behind the radiator.

An Ceann Comhairle: Deputies, please.

The Taoiseach: I want the Deputy to understand the difference——

Deputy Micheál Martin: This is crazy stuff. The Taoiseach is codding the people.

(Interruptions).

The Taoiseach: As there is a long session before the Opposition I ask it to calm down.

An Ceann Comhairle: The Taoiseach is over time. If Members are not prepared to listen I ask him to resume is seat.

The Taoiseach: I will make just one point.

An Ceann Comhairle: They are not prepared to listen.

The Taoiseach: The difference between this Government and the Government of which Deputy Martin was a member is that we are not afraid to make decisions. Yes, we take responsibility for introducing the pension levy and we make no apology that it is a temporary levy. We do not make any apology for using those resources for job creation initiatives. Of course I understand the impact of any levy on people. People walk into my office just as they walk into Deputy Martin’s office. If his row is about the extent of information, he has got it, it is published information.

Deputy Micheál Martin: Six months later. That is a hopeless defence.

The Taoiseach: I make no apology for making decisions that will change the direction or the fortunes of our country which the previous Government funked during the past 12 years.

Deputy Micheál Martin: He hid the information from the House. In terms of the budget will he give a commitment that——

An Ceann Comhairle: I call Deputy Gerry Adams. It is just as well the break was only for six weeks. I would hate to think what it would be like if Members had a three-month break. I ask for respect to those who are asking a question and wait for the reply from the Taoiseach. 37 Leaders’ 14 September 2011. Questions

Deputy Gerry Adams: Tá súil agam go mbeidh ciúnas ann nuair a labharóidh mé agus an Taoiseach. Cuirim fáilte ar ais roimh an Taoiseach. Tá súil agam gur bhain sé sult as a rothar i rith an tsamhraidh. Nuair a bhí sé ag rothaíocht, an bhfaca sé an bealach eile, an bealach chun an Státashábháil? Every day since we left here, the Government has given €315 million to the banks. Some €17 billion has been handed over to them. In the 20 minutes it takes for questions to the Taoiseach, €4.4 million will be given by the Government to them. How can he justify this? The Society of St. Vincent de Paul and Barnardos have said that one third of our children are without a warm coat or a hot meal and the 0.5 million people on the dole are being joined by people from TalkTalk and from the Gaeltacht regions. I met pensioners from Tara mines who have had a 10% reduction in their pensions. Surely, it is time to seize the moment, to change Government policy and put this money not into banks but into job creation to get our people back to work and to grow the economy, and to realise that we cannot cut our way out of the recession. What will be the social consequences of all this? What will be left in terms of society, community, family and of social protections? What about equality for Irish citizens? I ask the Taoiseach to signal a step-change in Government policy, that is, money should not go into the banks but into job creation.

The Taoiseach: The Government made a series of strategic decisions to restructure the bank system and to recapitalise banks. We are all aware of the numbers of people who are in a distressed condition because of their mortgages. We have set out the issues that currently apply there, where discussions should take place in the first instance between the lender and the borrower. We are waiting for a series of recommendations from an expert group to report by the end of September. I spoke to an employer over the weekend who interviewed three times for employees in a nursing home, was unable to get any Irish employee to take a job at €10, €10.50 or €11 per hour and must now bring in people from abroad who will work on those wages and send back contributions to their own countries. I am well aware of the extent of the live register but I am also aware that the direction of the Government will be to reduce the burden on employers, business and opportunities for employment and initiatives. To have a situation where we have 14.4% on the live register is completely unacceptable. One cannot change the direction of such a magnitude overnight or in 20 weeks but the focus of the Government is to sort out our public finances——

Deputy Timmy Dooley: We missed that.

The Taoiseach: ——but with a direct emphasis on the creation of jobs and initiatives. Deputy Adams is well aware that the extent of investment and investment opportunities from abroad is strong, as evidenced from the trade surplus based on our exports but our indigenous economy is flat and it is there that confidence measures must be placed. This is why the Government reduced the PRSI for employers. It is also why the Government reduced the VAT applied to the hospitality sector, which had such a direct beneficial impact on this summer alone. It is in those areas that we will continue to focus Government direction. Of course I am well aware of the difficulties that many communities and people are experiencing these days. There is a rocky period ahead — there is no doubt about that — but the Government will not back away from its responsibility for giving our country back to our people, restoring our economic independence and forging a better future for everybody.

Deputy Gerry Adams: With respect, it needs more than rhetoric to do that. The Government is making political choices. For example, the Government has signalled that it will take up to 38 Leaders’ 14 September 2011. Questions

€4 billion in increased taxes and cuts in the December budget. That will be the Government’s choice. The Taoiseach cannot blame Fianna Fáil for it. I say this fraternally and, like the Taoiseach, with the best interests of the Irish people in my heart, but we want the Government to get people back to work. The Taoiseach is in Govern- ment with a whopping majority. Labour, the party of the working class, is in Government with him. Bring forward a jobs package. The Taoiseach greeted President Obama to this country and we were all glad to see him. The President has just announced a jobs package in the United States of America. He recognises that one cannot go forward unless one gets people back to work. This is our request, appeal, challenge and plea to the Government — get people back to work. Do not put the money into the pockets of top civil servants and top politicians, those who will walk off. Do not put the money into the toxic banks. The Government should put the money into getting our people back into good jobs.

The Taoiseach: I share the Deputy’s belief in the principle of creating the maximum number of jobs that we can. The arguments that we had before the summer recess about the interest rate reduction are not being raised now because it is being applied with great benefit to the country.

Deputy Willie O’Dea: No thanks to the Taoiseach.

Deputy Billy Kelleher: He did not even know it was occurring.

The Taoiseach: The Minister, Deputy Noonan, has welcomed the adoption of the proposals by the European Commission today in respect of the European Financial Stabilisation Mech- anism, EFSM, loan facility. The reduction of the rate is worth about €650 million per year for each year that the loan facility is drawn down.

Deputy Gerry Adams: The Government is supposed to reduce the debt.

Deputy Willie O’Dea: What had the Government to do with the reduction?

The Taoiseach: In respect of both the EFSM and the European Financial Stability Facility, EFSF, the reduction will be of genuine benefit to the country over the next number of years. The banks have been restructured and recapitalised. As Deputy Adams is aware, €1 billion of private equity has gone into one of those banks. The Government has made the decision to have the portfolio of assets of Anglo Irish Bank in the USA offered for sale and strong bids are being submitted in that regard. Confidence measures are being evidenced by this kind of momentum. We have got a very long way to go. I will say something to the Deputy as the leader of his party. If he is interested in job creation, in this Chamber in this session he will have the opportunity to point out credible opportunities that are realistic and can be considered for implementation by the Minister, Deputy Noonan——

Deputy Pádraig Mac Lochlainn: The Government will have had two budgets in a row.

The Taoiseach: ——and the Government in respect of the budget that must be introduced for 2012. Yes, there are serious constraints, in that a sovereign agreement between this State and the IMF troika was signed off on. We have renegotiated elements of that——

Deputy Barry Cowen: Elements.

The Taoiseach: ——but there are clear criteria that we must and will meet. We do not want to focus entirely on those facts, because politics is about people, first and last. The emphasis 39 Leaders’ 14 September 2011. Questions

[The Taoiseach.] of the Government, with Deputy Adams’s contribution and help if he wants to provide it, will be on job creation schemes, opportunities for personal initiatives and business to get our people off the live register, off the dole, and back into gainful employment. When that opportunity arises here, I hope the Deputy will take it wholeheartedly.

Deputy Gerry Adams: Why put €3 billion into Anglo Irish Bank?

Deputy Aodhán Ó Ríordáin: It was due to the bank guarantee that Sinn Féin supported.

Deputy Finian McGrath: So did Fine Gael.

(Interruptions).

An Ceann Comhairle: Will Deputy Finian McGrath please proceed?

Deputy Willie O’Dea: They have turned 560 degrees.

An Ceann Comhairle: Deputy O’Dea has become very rowdy since the break.

Deputy Willie O’Dea: I am sorry. I am being provoked.

Deputy Finian McGrath: I welcome the Ceann Comhairle and the Taoiseach back after the summer break. I wish everyone well for this term. I wish to raise the issue of education and its importance to the country’s future, in particular as a major tool to get us out of this economic mess. I just left the Leinster House gates where hundreds of parents, teachers and special needs assistants, SNAs, are protesting the education service. Has the Government devised plans to raise the school-going age to five?

Deputy Aodhán Ó Ríordáin: No.

Deputy Finian McGrath: Is the Government considering the abolition of transition year as part of its cuts programme?

Deputy Aodhán Ó Ríordáin: No.

Deputy Finian McGrath: What are the Government’s plans to address the shortage of qualified maths teachers in second level schools? Does the Government plan to increase the pupil- teacher ratio in primary and second level schools to save €75 million and at the expense of 1,200 jobs? In this day and age, is it acceptable for children with a disability to be locked out of school on their first day back because there are no places, resource teachers or SNAs? Some of them have been offered a lousy one hour per week service. Does the Taoiseach accept this as part of modern Ireland? Would members of the Government accept the same reduction in services for any of their children? The parents’ tears on the first day of school were a scandal and a disgrace. It is shameful that families are suffering and their children are being locked out of schools. What will the Taoiseach do about these serious national issues? Will he stand up for education and protect our schools and pupils?

The Taoiseach: The Deputy asked a number of questions. The answer in respect of a Govern- ment decision about increasing the age of attendance is that no decision has been taken. The answer to the Deputy’s question about a Government decision in respect of changing the pupil- teacher ratio is that no decision has been made. I have outlined the situation in so far as SNAs are concerned. 40 Leaders’ 14 September 2011. Questions

Deputy Barry Cowen: No decision.

The Taoiseach: The Minister for Education and Skills held back more than 400 of these appointments so that they could be allocated in cases where they are absolutely necessary. I had occasion to make contact with the Department of Education and Skills recently about two individual cases. As the Deputy is aware, the professional assessor decides on the basis of professional qualifications the needs for any individual child, and the special needs officer of the Department discusses the use and the allocation of the SNAs to the school. I made the point before the summer that if particular cases arise, they should be brought to the attention of the professional qualified assessors of need for the children in question. The Deputy and I meet those affected. The matter causes enormous stress for people in certain households. There has not been a cut in resource teachers. As the Deputy knows, resource hours for pupils with special educational needs who require particular supports are allocated by the National Council for Special Education. The number of resource teachers to be allocated in 2011 has increased over that for last year. There are more resource teachers than there were before. There were 9,600 whole-time equivalent posts for 2010. For the new school year, this will rise to 9,950, representing an increase of 350 resource teacher posts this year. On the Deputy’s question on mathematics, all second level schools were sent a questionnaire on 5 September relating to the qualifications of mathematics teachers. The results of the survey showed that of a total of 2,045 teachers teaching mathematics in 258 schools, 1,400 are fully qualified to do so, 596 have undergone some studies in mathematics and 49 have no third level qualifications or have conducted no studies in mathematics. I find it somewhat unusual that the employers — in this case, the boards of management and principal teachers — would not have queried the actual qualifications for teaching mathematics in the first instance. One is aware that the Minister for Education and Skills has announced a programme of up-skilling mathematics teachers, to start in January 2012. Having met various business representatives, I note some are very happy with the standard of students coming through while others are not. I was speaking to a businessperson some nights ago who was looking for 35 IT staff but who could not get anybody. There is a worldwide shortage of designers, planners and programmers. The Minister for Education and Skills is certainly considering this in the most serious fashion because it is fundamental to the well-being of our economy and the quality of our graduates over the coming years.

Deputy Finian McGrath: I thank the Taoiseach for his response. If he has made a commitment on the school entry age, I welcome it. It is all very well for the Taoiseach to say what he said but the reality is that 227 SNAs have gone out of the system. Why are hundreds of people at the gates today protesting about cuts to services for children with special needs? I would like to ask the Taoiseach a couple of questions on his views on education. I ask him to change the mindset of the Government on education. Does he regard education as a cost or an investment? He should ascertain whether the governments of countries such as Finland have targeted children with special needs or the weak or poor children during their similar economic problems. We spend €9 billion on educational services, yet we cannot find a couple of euro to protect the weakest and front line services. Does the Taoiseach agree it is economic madness to slash the education budget while at the same time handing over €100 million to private schools? Where does the Government stand on the Tánaiste’s strong concern over the two-tier education system, on which he commented before the general election? One private school in Dublin charges a fee of €5,160, gets €2.1 million from the taxpayer and employs an extra 12 teachers. If the Taoiseach slashed 50% of 41 Order of 14 September 2011. Business

[Deputy Finian McGrath.] the funding for such wealthy schools, he could pay for all the SNAs and resource teachers required for children with special needs. I ask the Taoiseach to make a really tough decision to support our educational services, particularly for those with priority needs.

The Taoiseach: I do not regard education as a charge or cost but as an opportunity and as having potential. It is of great importance to the country. The National Council for Special Education has advised all the mainstream schools of their SNA allocations. Four hundred and seventy-five have not yet received an allocation for particular cases where they are clearly needed. Most of these allocations will apply outside the mainstream schools, in respect of which notification has already been issued. As I stated before, the Department decided approximately 475 of the 10,575 posts should be retained in order to allocate them over the coming school year in cases of emergency, where appeals are justified, or where there are acquired injuries or new school entrants, for example. That only makes common sense. The Minister for Edu- cation and Skills is very much aware of this. The Deputy referred to Finland and what was done there. Clearly, over 20 years Finnish governments invested heavily in the training of teachers to teach. There is a need for leadership courses for principal teachers in schools so they can motivate their teaching staff who operate under great pressure. I am quite sure the Minister is clearly aware of this. I have no doubt the scheme being put forward by the Minister to improve teaching techniques and elements of mathematics teaching will bear huge dividends. As Deputy Finian McGrath is aware, Project Maths, through promoting an understanding of the relevance of numbers and their practical applications, will have a bearing on the quality and range of students emerging in the years ahead. As the Deputy is aware, issues such as vectors and complex numbers should all be understood in a general way by students. I hope this will happen through the Project Maths scheme.

Appointment of Ministers of State The Taoiseach: I wish to announce, for the information of the Dáil, the following changes to titles and functions of Ministers of State in Departments: the Government has assigned Deputy Dinny McGinley to be Minister of State at the Department of Arts, Heritage and the Gaeltacht, with special responsibility for Gaeltacht affairs; Deputy Michael Ring to be Minister of State at the Department of Transport, Tourism and Sport, with special responsibility for tourism and sport; Deputy Kathleen Lynch to be Minister of State at the Departments of Health and Justice and Equality, with special responsibility for disability, equality and mental health; and Deputy Brian Hayes to be Minister of State at the Department of Public Expenditure and Reform, with special responsibility for public service reform and the Office of Public Works.

Order of Business The Taoiseach: It is proposed to take No. 11, motion re ministerial rota for parliamentary questions; No. 12, motion re leave to introduce Supplementary Estimate [Vote 42]; No. 13, motion re referral of Supplementary Estimate [Vote 42] to select sub-committee; No. 3, Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 — Order for Second Stage, Second and Remaining Stages; and No. 14, motion re statement for information of voters in relation to the Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011. It is proposed, notwithstanding anything in Standing Orders, that the Dáil shall sit later than 9 p.m. tonight and shall adjourn immediately upon the conclusion of No. 14; Nos. 11, 12 and, 42 Order of 14 September 2011. Business subject to the agreement of No. 12, No. 13, referral to select sub-committee, shall be decided without debate and any divisions demanded on Nos. 12 and 13 shall be taken forthwith; Second and Remaining Stages of No. 3 shall be taken today and the following arrangements shall apply: the proceedings on Second Stage shall, if not previously concluded, be brought to a conclusion at 7.30 p.m., the opening speech of a Minister or Minister of State and of the main spokespersons for Fianna Fáil, Sinn Féin and the Technical Group, who shall be called upon in that order, shall not exceed 15 minutes in each case, the speech of each other Member called upon shall not exceed ten minutes in each case, Members may share time and a Minister or Minister of State shall be called upon to make a speech in reply that shall not exceed five minutes, and the proceedings on Committee and Remaining Stages shall, if not previously concluded, be brought to a conclusion at 10 p.m. tonight by one question which shall be put from the Chair and which shall, in relation to amendments, include only those set down or accepted by the Minister for Justice and Equality; No. 14 shall be taken immediately upon the conclusion of No. 3 and shall be decided without debate; and in the event a division is in progress at the time fixed for taking Private Members’ business, which shall be No. 26, motion re reform of the Common Agricultural Policy, Standing Order 121(3) shall not apply and Private Members’ business shall, if not previously concluded, be adjourned after 90 minutes tonight; and it shall also take place immediately after the Order of Business tomorrow, and shall be brought to a conclusion after 90 minutes on that day.

An Ceann Comhairle: There are five proposals to be put to the House. Is the proposal that the Dáil should sit later than 9 p.m. agreed? Agreed. Is the proposal for dealing with Nos. 11, 12 and 13, without debate, agreed? Agreed. Is the proposal for dealing with No. 3 agreed?

Deputy Joe Higgins: It is not agreed. I am opposed to taking the Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 today. Their lordships’ fat salaries should indeed be taken down sharply but we can leave it until tomorrow. I want the Taoiseach to change his proposal. After seven weeks of the Dáil being away and six months of the Govern- ment, the Taoiseach should have a state of the nation review and explain and have a discussion on why acceptance of EU-IMF austerity is having such catastrophic consequences for our people, particularly the relentless rise in mass unemployment and——

An Ceann Comhairle: Deputy Higgins is straying out of order, I am afraid.

Deputy Joe Higgins: ——the cruel cuts, as we face a cold winter, by a Labour Party alleged Minister for Social Protection.

An Ceann Comhairle: The Deputy will have other occasions on which to raise this issue.

Deputy Joe Higgins: I am making a short argument as I am entitled to do under Standing Orders on why we need a different proposal from the Government. After six months, it is very clear that the Fine Gael, Labour Party and EU-IMF austerity is killing our economy. It is killing hope and driving our young people out of the country. We need a change; we need massive public investment. I ask the Taoiseach to change the proposal to the Dáil which would give him an opportunity to report on why he is failing disastrously with this austerity and for us to put an alternative proposition.

Question, “That the proposal for dealing with No. 3 be agreed to”, put and declared carried.

An Ceann Comhairle: Is the proposal for dealing with No. 14 agreed? Agreed. Is the proposal for dealing with Private Members’ business agreed? Agreed. 43 Order of 14 September 2011. Business

Deputy Micheál Martin: Over the summer, we watched as the pledge by leaders coming out of the eurozone summit in July that they had agreed a radical plan which would safeguard the euro unravelled. Will the Taoiseach provide time for a Dáil debate on the summit? In providing such time I am sure he will acknowledge that the threat posed by the increasing paralysis in European decision-making is very real, substantial and increasingly imminent. Will the Taoiseach undertake to publish prior to such a debate his proposals, perhaps those which he has submitted to eurozone leaders, concerning the debt crisis? Has he provided such advice?

An Ceann Comhairle: Is a debate promised on this?

The Taoiseach: No debate has been promised but I am not opposed to having a debate on it. It is just a matter of finding the time for it. As Deputy Martin is aware, very clear decisions were made at the July meeting of the European Council and very clear commitments were given at it. For our part, we have implemented and are implementing in full the conditions set out. Obviously some benefits are accruing from the interest rate reduction. The troika is paying a further visit to Greece this week and it will make its views known on the implementation of the policies to which the Greek Government signed up arising from further facilities in July. A meeting of the ECOFIN Ministers will take place on Friday. As it is appropriate, I do not have any objection to having a debate on this matter as soon as it is feasible. A number of pieces of legislation are strictly timelined, such as the referenda and the insurance Bill. The legislation on the referenda must be cleared by 27 September for the referenda to be held on the election date. A total of ten Bills are timelined because of the EU-IMF deal. I have no objection to having a debate when it is appropriate on the European situation.

Deputy Micheál Martin: Can I take it that the Whips can meet to organise and arrange for such a debate to happen? It is normal and customary that we have a debate on European summit meetings.

The Taoiseach: I think so, yes. It is appropriate.

Deputy Gerry Adams: I am pleased to hear the Taoiseach state this because I was rising to ask the same question. Time needs to be set aside for this issue. Rather than having a debate, the Dáil and the people need to know what contingencies the Government has put in place in the case of a Greek default. We need to discuss any plan the Government has. We need to know whether the Taoiseach has spoken directly to any of the other European leaders. There is much speculation about plans being made for states to hand over significant fiscal powers to Europe. We need to know whether the Taoiseach would support such a move. Will he set aside time to make a statement on this issue? Perhaps he will take the opportunity today to clarify this point.

The Taoiseach: The Minister for Finance will set out a three-year fiscal plan for the country when the comprehensive spending analysis has been completed and we have examined it. When we agree on a time for a debate on the European situation the Deputy will have an opportunity to give his views on it.

Deputy Joe Higgins: I have been in or around the Chamber for the past two hours but I have not received a copy of the legislative programme for the autumn session of the Dáil. It may have been delivered recently. This is fairly poor, considering the notice we have had for the return of the Dáil. The legislative programme is simply a list of Bills. I find it highly unsatisfactory that we know only on a Thursday evening when the Whips meet what will be the legislative programme for the following week. We need much more notice so we can better prepare and research in advance. In the next week, will the Taoiseach provide us with an 44 Order of 14 September 2011. Business indicative and approximate timeframe for the legislation the Government will bring to the Chamber between now and the end of the year? I know it can change from week to week but will he tell us approximately what dates particular Bills will be introduced? Does the Government’s proposal for a household tax require specific——

An Ceann Comhairle: The Deputy cannot ask this question because it is not on the Order of Business.

Deputy Joe Higgins: The Ceann Comhairle will hear that I am very much in order. Does this proposal require a separate Bill and separate legislation or will it be dealt with in the context of the budget? When will the Dáil deal with it?

An Ceann Comhairle: Matters on legislation may be dealt with.

The Taoiseach: The answer to the second question is that it will require separate legislation which will be known as the local government (charges) Bill. It is No. 6 on the A list which was delivered to the Deputy’s pigeonhole at 2.30 p.m. today.

Deputy Aengus Ó Snodaigh: It is No. 8 on the list.

The Taoiseach: The legislative programme for each week is provided on Wednesday prior to the Whips’ meeting. As the leader of an esteemed party the Deputy should be well aware of this.

Deputy Joe Higgins: When will the local government (charges) Bill come before the Dáil?

The Taoiseach: We expect to bring through the House the majority of the 29 Bills we expect to have published in this session and this includes the local government (charges) Bill. The Deputy will have adequate notice of when it will be brought to the House and he will have adequate time to make his case, which I know already.

Deputy Joe Higgins: When will the legislation be published?

An Ceann Comhairle: We are not having a chat here. I call on Deputy Ó Caoláin.

Deputy Joe Higgins: This not a chat. I am looking for necessary information. When will the legislation be published?

An Ceann Comhairle: This is a matter for the Whips. I call on Deputy Ó Caoláin.

Deputy Joe Higgins: When will the legislation be published?

An Ceann Comhairle: Come on Deputy Higgins and give us a bit of co-operation. It is nearly ten to six.

The Taoiseach: The Bill is being drafted by the Parliamentary Counsel. Deputy Higgins will receive proper notification in due course of the date of its publication.

Deputy Caoimhghín Ó Caoláin: Given the growing threat to patient safety from the ongoing savage health cutbacks, the removal of 1,947 public hospital beds from the system and record numbers of people on trolleys in accident and emergency units, when will we see the promised legislation to establish the patient safety authority? Regarding Fine Gael’s bedrock policy on the establishment of a universal health insurance scheme, when will the White Paper on financing such a scheme be published? 45 Order of 14 September 2011. Business

Deputy Dara Calleary: It should be an Orange Paper considering it is supposed to be based on the Dutch health insurance model.

The Taoiseach: I cannot give exact dates for both questions. I have already made it clear that universal health insurance cannot and will not be introduced until a serious process is undertaken. I will ask the Minister for Health to report to the Deputy on his estimated times on the matters raised in both the questions.

Deputy Brendan Griffin: When will the legal services Bill be published?

The Taoiseach: It will be published in this session.

Deputy Barry Cowen: It is proposed to take the water services Bill in this session which will establish a system for inspecting and monitoring the performance of septic tanks and other on- site waste water treatment systems. Some local authorities are already carrying out such inspections as they have authority to do so under by-laws under their waste management plans or as an enforcement matter under planning legislation. Does the water services Bill propose stricter guidelines and enforcement?

An Ceann Comhairle: That information will be available when the legislation is published?

Deputy Barry Cowen: Will the Government make funding available in the event some septic tanks and water services are not up to standard and have to be replaced?

An Ceann Comhairle: We cannot have a debate on this matter.

The Taoiseach: The reason for this legislation is obvious. This country is being fined because nothing was done about EU directives on water quality.

Deputy Willie O’Dea: More history.

The Taoiseach: We have to rectify the problem that a substantial number of septic tanks are not operating as they should be. The Minister for the Environment, Community and Local Government will introduce a nominal once-off registration charge. Inspections will take place in 2013, based on a risk area assessment of poor topography and areas where septic tanks may not work. This will allow us to understand the scale of the problem.

Deputy Barry Cowen: Will there be a charge for the inspection?

An Ceann Comhairle: Thank you, Deputies.

The Taoiseach: No, there will be no charge for the inspection. There will be a once-off charge for registration which will not be beyond €50.

An Ceann Comhairle: I do not wish to be disrespectful to the Deputy or the Taoiseach, but I must remind Deputies, Ministers and the Taoiseach that we cannot have a debate on promised legislation on the Order of Business.

Deputy Willie O’Dea: The Taoiseach will recall that he undertook to introduce legislation on joint labour committees immediately on the resumption of the Dáil after the summer recess. When can we expect to see this legislation?

The Taoiseach: That will come under the industrial relations Bill which is expected to be published in this session. 46 Tributes to Usher of the 14 September 2011. Houses of the Oireachtas

An Ceann Comhairle: I call Deputy Troy.

Deputy Willie O’Dea: We were told it would be introduced immediately when the Dáil resumed after the summer recess. There is still no system in place to deal with the joint labour committees.

An Ceann Comhairle: Deputy O’Dea got his answer. I call on Deputy Troy.

The Taoiseach: There are two referenda to get through this week and plenty more legislation over the next several weeks.

Deputy Alan Shatter: We are too busy tidying up Fianna Fáil’s mess.

Deputy Billy Kelleher: How many bankers has Deputy Shatter locked up this week?

Deputy Alan Shatter: At least we are being responsible.

An Ceann Comhairle: Will Deputies on that side of the House show some respect to their colleague, Deputy Troy, whom I have just called?

Deputy Willie O’Dea: What precisely has Deputy Shatter done since he got into office?

An Ceann Comhairle: Deputy O’Dea, show some respect to your colleague, Deputy Troy, whom I have just called.

Deputy Alan Shatter: I have done more in four months than Deputy O’Dea did in ten years.

Deputy Willie O’Dea: A Cheann Comhairle, I have every respect for Deputy Troy. It is different, however, for Deputy Shatter-Captain Kirk.

Deputy Robert Troy: Prior to the summer recess, the Taoiseach indicated the sub-contractors Bill would be introduced in this session. How early in this term will it be introduced?

The Taoiseach: The Minister of State, Deputy Brian Hayes, is taking the Construction Con- tracts Bill 2010 which is already on Second Stage.

Deputy Bernard J. Durkan: Given the reluctance of some former banking executives to co- operate with the Director of Corporate Enforcement, will the criminal records information systems Bill be introduced earlier than already anticipated? Have the heads of the Bill been discussed at Cabinet?

The Taoiseach: The Criminal Justice Act 2011, passed in July, deals with those elements.

Deputy Paschal Donohoe: The way in which rents are set in the commercial sector is of huge interest to many and important to the economy. The Government promised legislation to review this area. When will this be introduced to the House?

The Taoiseach: The Minister for Justice and Equality is dealing with this complex matter. He expects to publish it presently, certainly in this session.

Tributes to Usher of the Houses of the Oireachtas The Taoiseach: Members who have been here for several years will know Mr. Paul Barry started his career as an usher in 1979. He progressed to team leader and retired on 31 August 47 Supplementary Estimates 2011: 14 September 2011. Referral to Select Sub-Committee

[The Taoiseach.] this year after 32 years of service. He was a favourite among Members, organising the Oireachtas golf society and many other sporting teams. We all wish him well in his retirement.

Deputies: Hear, hear.

An Ceann Comhairle: I join with the Taoiseach in his remarks. A gentleman is the only way one can describe Paul. I am delighted to see him in the Gallery and wish him a long and happy retirement. I thank him for his service.

Ministerial Rota for Parliamentary Questions: Motion Minister for Justice and Equality (Deputy Alan Shatter) (Deputy Alan Shatter): I move:

That, notwithstanding anything in the Order of the Dáil of 9 March 2011, setting out the rota in which Questions to members of the Government are to be asked, Questions for oral answer, following those next set down to the Minister for Defence, shall be set down to Ministers in the following temporary sequence:

Minister for Education and Skills

Minister for Children and Youth Affairs

Minister for Health

Minister for Transport, Tourism and Sport

Tánaiste and Minister for Foreign Affairs and Trade

Minister for Finance

Minister for Agriculture, Fisheries and Food whereupon the sequence established by the Order of 9 March 2011 shall continue with Ques- tions to the Minister for Public Expenditure and Reform. Question put and agreed to.

Supplementary Estimates 2011: Leave to Introduce Minister for Justice and Equality (Deputy Alan Shatter) (Deputy Alan Shatter): I move:

That leave be given by the Dáil to introduce the following Supplementary Estimate for the service of the year ending on the 31st day of December, 2011:—

Vote 42 — Public Expenditure and Reform (Supplementary Estimate).”

Question put and agreed to.

Supplementary Estimates 2011: Referral to Select Sub-Committee Minister for Justice and Equality (Deputy Alan Shatter) (Deputy Alan Shatter): I move:

That, subject to leave being given to introduce the following Supplementary Estimate for the service of the year ending on 31 December 2011, the Supplementary Estimate be referred to the Select sub-Committee on Public Expenditure and Reform, pursuant to Standing Orders 82A(3)(c) and (6)(a) and 159(3), which shall report back to the Dáil by no later than 27 September:- 48 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

Vote 42 — Public Expenditure and Reform (Supplementary Estimate).

Question put and agreed to.

An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Tuarastal Breithiúna), 2011 — Ordú don Dara Céim

Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 — Order for Second Stage

Bille dá ngairtear Acht chun an Bunreacht a leasú.

Bill entitled an Act to amend the Constitution. Minister for Justice and Equality (Deputy Alan Shatter) (Deputy Alan Shatter): Tairgim: “Go dtógfar an Dara Céim anois.” I move: “That Second Stage be taken now.” Cuireadh agus aontaíodh an cheist. Question put and agreed to.

An Bille um an Naoú Leasú is Fiche ar an mBunreacht (Tuarastal Breithiúna), 2011 — An Dara Céim

Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 — Second Stage Minister for Justice and Equality (Deputy Alan Shatter) (Deputy Alan Shatter): Tairgim: “Go léifear an Bille an Dara hUair anois.” I move: “That the Bill be now read a Second Time.” I thank colleagues for agreeing to consider this legislation at an early stage. Deputies will recall that when I published the Bill at the beginning of August it was with a view to everyone having adequate opportunity to consider it ahead of our debates in this House. This Bill honours a commitment in the programme for Government. I am happy we are in a position to proceed with this referendum at this early stage of the Government’s term and at the same time as the presidential election. The terms of the Referendum Act 1994 require that a referendum Bill pass both Houses of the Oireachtas no later than 30 days prior to polling. I am grateful to all Deputies for their co-operation in taking it this afternoon. The Government’s main objective in bringing forward this proposed amendment to the Con- stitution is to put before the people an option which would allow the pay of judges to be reduced on the basis of certain conditions and in very exceptional circumstances. The proposal will protect the independence of the Judiciary while also maintaining the good public standing the Judiciary following a period during which, through no fault of their own, judges have found themselves in a very difficult position. Safeguarding judicial independence is of value to every citizen. It means that people can be assured that judges’ decisions are taken solely on the basis of law, independent of any fear, favour or influence, whether personal, political or media driven. The power of judges to uphold the Constitution and strike down aspects of our law is a fundamental bulwark against the risk of tyranny and oppression. Impartial judicial decision- making and public confidence in that impartiality when disputes occur between the State and- or State agencies and individual citizens is an essential cornerstone of our constitutional democ- 49 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Alan Shatter.] racy. Guaranteed this independence, the judicial system in a democracy serves as a safeguard of the rights and freedoms of all the people. We have been well served by our independent Judiciary and I have not, been nor will I ever be found wanting in ensuring its independence is strengthened and secured. As Deputies may be aware, in November 2009, when a member of the Opposition, I tabled a Private Members’ Bill to amend the Constitution which, had the then Government seen fit to accept it, would have ensured that judges were in a position to accept the same pay reductions which had then been imposed on the public service. However, in the event it was not accepted and instead the previous Government, by specifically excluding the Judiciary from a levy applied to everyone else paid from public funds, put the members of the Judiciary in a difficult position, not of their own making. As Deputies will be aware, this resulted from the previous Government’s interpretation of the terms of Article 35.5 of the Con- stitution. This was not, I am convinced, the original intention of this provision which is operated in most common law countries, including the United Kingdom, Australia and the United States. Indeed, the current terms of Article 35.5 are taken from the original 1922 Constitution which replicates almost directly the terms of Article 3 of the US Constitution. Some 6o’clock countries, including the United States, have overcome the unfairness of the difficulty presented by the blanket protection of judicial salaries by allowing the salaries of judges to decrease in real terms over decades by failing to increase them in line with inflation or other public service increases. This explains to some extent why Irish judges are among the best paid internationally. However, in my view, this is not a valid approach, given the importance of the Judiciary as an institution of the State. The Judiciary holds a unique place in the structure of our democracy, required daily to adjudicate on disputes between citizens and the other branches of Government and for that reason it is vital that its independence is protected from all potential attack. The respect for and confidence in judicial decisions is based on the confidence that every person who enters a court is secure in the knowledge that the judge is independent of the State and not subject to interference or threat, irrespective of the outcome of the litigation. This safeguard is fundamental to our constitutional system. Some have argued that to adjust the Constitution in the proposed way undermines the framework of judicial independence outlined throughout Article 35. The point has also been made that the amount of money potentially saved would be relatively small. If implemented, the savings in respect of serving judges would amount to approximately €5.5 million per full year. Legislation setting a new lower pay rate in respect of newly appointed judges will be introduced this session by my colleague, the Minister for Public Expenditure and Reform. However, the savings are not the main objective. The Government approaches this issue from the point of view of fundamental fairness. Our strong view is that, far from attacking judicial independence, the proposed amendment is designed to strengthen and uphold the standing of the Judiciary and to ensure that, at a time of unprecedented fiscal and economic difficulty, members of the Judiciary are not perceived as an elite group immune to the current crisis who either will not or cannot contribute their fair share, in common with all others paid from the public purse. I believe the proposed amendment strikes a balance between the traditional protection afforded to judges’ pay while allowing for the very difficult position in which Ireland now finds itself. The Bill itself is short and contains just three short subsections that will be the focus of today’s debate. The Bill as published proposes that Article 35.5 of the Constitution be amended by the substitution of the following:

50 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

5. 1° The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.

2° The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.

3° Where, before or after the enactment into law of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make reductions to the remuneration of judges.

As is evident from the proposed wording, the general protection afforded the Judiciary in most countries is retained. The second subsection confirms the current position, upheld by the Supreme Court in the well known case, O’Byrne v Minister for Finance in 1959, which held that the imposition of taxes on judges’ salaries is valid. The final subsection provides that reductions made in the past or future in public service pay on the basis of the public interest can be applied, “by law”, that is, by primary legislation enacted by this House, to judges’ remuneration. In other words, reductions will only be done in exceptional circumstances. It is essential to set out why this amendment is being put before the people by this Govern- ment. In early 2009, the Fianna Fáil-Green Party Government introduced legislation to apply a public service pension levy on all public servants. The members of the Judiciary were specifically exempted from this levy or deduction because, it was then stated, of the constitutional ban on reducing their salaries as in Article 35.5. Following on the pension levy introduced by the Financial Emergency Measures in the Public Interest Act 2009, a second Financial Emer- gency Measures Act was introduced later that same year which reduced the gross salaries of all those paid from the public purse. Again, the Judiciary was exempted from this reduction. Judges are not public servants; they are constitutional officeholders. They are, however, paid from public moneys and operate within the public service environment. As the Chief Justice has observed, judges are daily witnesses to the difficulties which the current economic crisis brings — whether in family law, criminal proceedings or civil and bankruptcy cases. I believe it is essential that they themselves are seen to be subject to the very different circumstances which now prevail. The Judiciary recognised this necessity through the arrangement entered into by the then Chief Justice with the Revenue Commissioners which facilitated judges to make a voluntary contribution equivalent to the pension levy introduced in the first of the Acts to which I have already referred. I understand a majority of judges have made this contribution in respect of the pension levy deductions. The current provisions of Article 35.5 have, in effect, led to an anomaly that puts judges’ pay out of line with pay in the public sector at a time when that pay has been the subject of financial emergency measures approved by this House. It is worth noting that the 2009 report of the review body on remuneration in the public sector, which recommended pay cuts for higher-paid public servants, stated that the review body would have considered a cut in judges’ pay in line with those borne by senior public servants but was precluded from doing so by virtue of Article 35.5 of the Constitution. This objective and independent report recognised the duty of judges to contribute proportionately, that is to say, on the same basis as others paid from the public purse, to tackling our financial emergency. In view of the inequity of the situation and cognisant of the difficult position in which judges found themselves, this Govern- ment, as part of our agreed programme committed to hold a referendum at the earliest opportunity on this matter so as to allow the people determine whether these Houses should have 51 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Alan Shatter.] the power to cut judges’ pay on the same basis as it has cut the pay of others paid out of the public purse. By enabling judges to pay their fair share, in this instance contributing an annual saving to the State of some €5.5 million, I believe public confidence in the administration of justice will be maintained and enhanced in the eyes of many of our citizens. I will now turn to the specific draft amendment put forward by the Government in this Bill. The proposed Article 35.5.1 restates the existing general constitutional protections afforded to judges’ remuneration while allowing for certain constitutionally based exceptions to this protection. It is important that this measure be retained. As I have noted, judicial independence exists not for the protection of the Judiciary but for the protection of citizens. This proposed wording will continue to afford judges full constitutional protection from arbitrary or maliciously motivated reductions by any Government. It was argued in the O’Byrne case in 1959 that the constitutional protection in Article 35.5 extended to exempting judges from the payment of income tax. This argument was rejected by the Supreme Court with the Chief Justice Maguire noting that:

To require a judge to pay taxes on his income on the same basis as other citizens and thus contribute to the expenses of government cannot be said to be an attack on his independence.

The proposed wording of subsection 5.2 simply acknowledges that judges are, like any other citizen, subject to the imposition of taxes and levies. The substantive change in this provision is contained in subsection 5.3 which is drafted to allow that when, and only when, reductions have been made or are in future made by law to public service pay on the basis of the public interest, these reductions can be applied “by law” to judges’ remuneration, that is to say, it can only be done by way of primary legislation passed by the Oireachtas. The provision clearly limits the reduction in judges’ pay to cuts applying to others paid from the public purse. It also guards against any danger of successive reductions being made to judges’ pay alone as it can only be done where reductions are being made to public service pay. To ensure that no misunderstanding of any nature whatsoever as to the purpose of this provision can arise, and that its intent is clear, I will on Committee Stage be tabling an amendment to subsection 5.3 to insert the word “proportionate” in the last line of the subsection so that the final words read “proportionate reductions to the remuneration of judges”. As a consequence, if this amendment is accepted by the House, Article 35.5.3° — to be put by way of referendum — will read as follows:

35.5.3° Where, before or after the enactment into law of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, provision may also be made by law to make proportionate reductions to the remuneration of judges.

Acting Chairman (Deputy Olivia Mitchell): I am sorry to interrupt the Minister but he has less than a minute remaining.

Deputy Alan Shatter: It is important to understand that the proposed amendments will allow for the application of the reductions already imposed on the public service on serving judges. The draft wording adheres, in effect, to the test outlined in a leading Canadian judgment — Queen v. Beauregard 1986 — in which it was stated:

If there were any hint that a federal law dealing with these matters was enacted for an improper or colourable purpose, or if there was discriminatory treatment of judges vis-à-vis 52 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

other citizens, then serious issues relating to judicial independence would arise and the law might well be held to be ultra vires.

There is nothing punitive or excessive envisaged in the draft text. Instead it is proposed that the pay of serving judges will be reduced by the same percentage as public servants on equivalent earnings. To that extent their salaries will be treated proportionately in the same way as the lowest paid officials. If the referendum is carried, the reductions will apply from the date the legislation is enacted — it cannot be applied retrospectively. As Deputies will be aware, Bills to amend the Constitution are published bilingually in both Irish and English.

Acting Chairman (Deputy Olivia Mitchell): The Minister should conclude.

Deputy Alan Shatter: I will conclude on this point. I should mention that on Committee Stage, on the advice of the official translators office, I will be moving a number of amendments to the Irish language terminology in the Bill. These are technical amendments relating to the words for “remuneration” and “public interest”. I am conscious that there is other information in the speech that I furnished to Deputies that I have not had the time to cover. I draw their attention in particular to what I hope is of assistance to them in setting out clearly the financial impact on judicial salaries should the referendum be successful and the envisaged legislation enacted. I look forward to hearing what Deputies have to say during the course of the debate. I hope this measure will have the support of all sides of this House.

Deputy Dara Calleary: I welcome the chance to speak on the Bill. We will support the Bill and the subsequent referendum. I thank the Minister and his officials who made themselves available over the summer to brief us on it and the Library and Research Service which produced a good document concerning the Bill. While we support it, I genuinely have a number of concerns about the process on which we are embarking this evening. We are talking about a referendum to amend Bunreacht na hÉireann, not the standing orders of Ballymagash town council. The fact that the proposal is simple does not and should not hide the fact that this House will debate all Stages of a Bill concerning a referendum by 10 p.m. this evening with a break for an hour and a half for Private Members’ business. The fact that the referendum itself — this applies to the second referendum on the day — is only a door-opener, in that if it is successful further legislation will follow, is also of concern to me. All we have in respect of the further legislation is a draft scheme, which in fairness goes into some detail. However, there is nothing to stop any Government — I do not just refer to the make-up of the Government — with a majority such as this one has from producing completely different legislation after the confidence of the people has been won in a referendum. Bunreacht na hÉireann deserves much more. If we as an Oireachtas do not show full respect for the Constitution, it is difficult for us to ask the citizenry to do so. I wish to focus on a number of areas in the course of the debate. I apologise in advance to the Minister as I have a long-standing commitment at 7 p.m. but I hope to be back in the Chamber around 8 p.m. It is important to point out, as the Minister has done, that 126 out of 147 serving members of the Judiciary took voluntary reductions in 2010 in line with the reductions caused by pension-related deductions in the pay of the general public and Civil Service. While the actual savings from the referendum would be small, it is important to acknowledge that the majority of the Judiciary made that sacrifice but I agree with the Mini- ster’s point on the need to see the Judiciary taking the cuts meted out to others. 53 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Dara Calleary.]

We should focus on the thinking behind Article 35 of Bunreacht na hÉireann which underpins judicial independence in this country. It is easy in 2011 to dismiss the notion of judicial independence as being something that is not important. Since the foundation of the State the Judiciary has shown considerable independence and strength of thought. However, when we take something for granted we diminish its status. Judicial independence is a hallmark of a strong and functioning democracy and we should never take it for granted. We can never predict the future make-up of a Government or an Oireachtas. To date, there have been many situations where the Judiciary has challenged Government or Oireachtas decisions. The accompanying referendum on 27 October is a direct result of a difference of opinion between the Judiciary and the Oireachtas. It has been the case that the Oireachtas takes judicial decisions on board and makes whatever changes are necessary. However, in future the Oireachtas may not respond in such a way. It may choose to ignore the Judiciary or it may respond in a negative manner. I wish the Minister, not just as Minister but also a practitioner of the law, to provide an absolute guarantee that a future interpretation of the change to Article 35.5 which underpins judicial independence could not be applied to the broader provisions. There is ambiguity concerning the wording proposed. I note the wording proposed by the Minister differs from that which he proposed during Private Members’ business in 2010. I wonder why there is a difference in the wording. Could the Minister give an absolute guarantee, both as a Minister and a practitioner of the law, that he envisages nothing in the change to the Constitution that could potentially undermine the independence of the Judiciary? Did the Minister give any consideration to establishing an independent body on judicial pay that would in line with the way he is proceeding convene at a time when other reductions are being made to bring an independent input into the management of judicial pay? The raison d’eˆtre of such a body would be to remove any question of decisions on judicial pay ever being influenced by aggrieved politicians or aggrieved Members of a future Oireachtas. If the Minister did consider such an approach, why did he decide not to proceed with it? Given that we have such an amalgam of elections on 27 October — a presidential election, a by-election and another referendum — it is probable that the level of public discussion on the referendum in question will be relatively low in comparison to the other votes on the day. We should not mistake this probability for a lack of interest or respect on the part of the public in judicial independence. It is important to proceed with the referendum to protect the integrity of the Judiciary’s standing, as the Minister noted. With regard to this I pay tribute to the late Mr. Justice Vivian Lavan and the late District Justice Con Murphy, both of whom were exemp- lary members of the Judiciary and who passed away during the past month. Mr. Justice Lavan, in particular, leaves the amazing monument of the free legal aid system and all that goes with it. To maintain such integrity we must proceed with this referendum, endorse it and support it. However, in supporting it I hope the Minister can give us cast-iron guarantees that this Oireachtas is not undermining, in any indirect or unforeseen fashion, the notion of judicial independence in the country.

Deputy Jonathan O’Brien: I welcome the Bill, about which there has been much discussion, especially with regard to its effect on the independence of the Judiciary. It would be prudent from the outset to state that it is the belief of me and my party — I am sure this is shared by everybody in the House — that judicial independence is essential to any democracy. It exists to protect members of the public, who are entitled to have their cases heard and adjudicated upon by judges who are impartial and free from any sort of influence, including political or financial pressure. 54 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

Article 35(5) of the Constitution deals with judges’ pay and prohibits any reduction in pay during a judge’s term in office. The rationale behind the protection was to ensure the separation of powers and prevent any potential attempt by this or other Governments to punish or discriminate against members of the Judiciary because of any adverse decisions or findings from the Government’s perspective. It is an understandable and necessary protection. When the issue was first raised by the Minister, a memo was collectively issued and posted on the website of the Courts Service. It stated that this was not a case of whether judges’ pay should be reduced but rather how that reduction should be achieved. The memo indicated that it was not to oppose the amendment of the Constitution, which would see judges shoulder their fair share in these tough economic times, but rather to reinforce the need to safeguard judicial independence. It mooted the idea of the independent adjudication which Deputy Calleary has referenced. I am also interested in the considerations and thoughts of the Minister on that option. Why did he decide not to go down that road? The issue has divided opinion in both political and media circles. Some have suggested that the Minister’s treatment of the Judiciary was becoming increasingly arrogant and posed a real threat to judicial independence. I do not share that view but it has been made. Others have suggested that the Oireachtas should have just passed an Act in preference to a referendum on judges’ pay, which is precisely what happened in the reduction of pay for other public servants. A challenge could then be taken if people felt it was required. Members of the public are considering the debate and are probably puzzled by its elements, asking what is the big deal and why a referendum must take place. As the Minister noted in his opening remarks, the country is in a difficult financial position, with jobs being lost daily and families struggling to keep their heads above water. These people see a certain section of society kicking up a fuss about having pay reduced or, as has been argued, the manner in which it is to be reduced. Most people are not interested in the argument around the separation of power, regardless of its importance, and some do not understand the complexity of the issue. They want the matter sorted out, which is why this Bill is welcome. The speed with which the Government has addressed the issue must be welcomed. Members of the Judiciary are among the highest paid, if not the highest paid, in Europe, which is of concern. The salaries range from €295,000 to €147,000, so nobody could argue that judges are not well paid. Their salary is supplemented by a very generous system of allowances and expenses available to judges. Just as nobody could argue that judges are not well paid, nobody could argue that this amendment is an attempt to make paupers of judges; we are merely putting in place a mechanism that will allow those with the means to pay to shoulder their fair share of burden in these tough economic times. We have received additional information concerning savings that the Minister did not touch upon. They will not solve our problems but it does send a message that everybody is paying their way. For this reason we will give the Bill our full support. To be fair to judges and to give a balanced view, it is right to indicate that some members of the Judiciary engaged with a voluntary pension levy scheme, which should be recognised. Asking members of the Judiciary to pay taxes and levies on income, similar to those paid by everybody else, will not impinge on its independence. The Minister alluded to the ruling of the O’Byrne case in this regard, and the only way the Judiciary’s independence could be compromised would be through the application of the taxes and levies to discriminate against judges. The amendment on Committee Stage deals with this matter. Since my election I have argued that public confidence in the justice system is not what it should be. Some people are dismayed by the rulings which come from our courts and question the consistency of sentences. There is a growing perception that some judges are not living in 55 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Jonathan O’Brien.] the real world. Steps must be taken to ensure people’s confidence is restored in our justice system. I have raised the matter at Question Time with the Minister and I hope this Bill can be the first of many steps to try to restore people’s confidence in our justice system. This is not an elite group so they should be treated the same as the rest of the public. In these tough economic times, this will send a clear message that even members of the Judiciary have a responsibility to pull their weight and ensure everybody plays a part in turning around this economy. For too long the perception and reality has been that those who cannot afford to pay are being asked to contribute more while those who can afford it get off scot free. For such reasons I welcome the Bill and my party will facilitate its passage through the House.

Deputy Maureen O’Sullivan: I propose to share time with Deputies Shane Ross, Clare Daly, Joan Collins and Catherine Murphy. The debate surrounding this Bill concerns matters of fairness and equality, and I wonder at the making of an exception for judges in matters of pay. Why should they be seen as being in need of this special provision, with Article 35(5) of the Constitution stipulating that the remuneration of a judge shall not be reduced during the continuance in office of that judge? I accept the need for an independent Judiciary, but surely that is not related to remuneration. There have been enough cases in this country where it appeared that the higher the salary, the greater was the disaster wrought by the person receiving that salary. We have many examples of extremely highly paid individuals who played significant roles in bringing about the disastrous situation in which we find ourselves. I am not sug- gesting that our highly paid judges contributed to the economic recession, but there should not be any section in our society which feels it has a privileged position and whose remuneration is written in stone. Members of the Judiciary are citizens of this country who, like all of us, are subject to the law. They should also be subject to the same taxes, levies and reductions. I do not know why they are not considered to be public servants as they are paid from public money. From a principled point of view, I would have expected that members of the Judiciary would wish to contribute to the public finances in the same way as other citizens. It is important that we have an independent Judiciary. It is essential in a democracy. There are glaring examples of other countries where the judiciary is not independent but is subject to the political whims and ambitions of the president or government. It is also central to the democratic process that if somebody is before a court, he or she can be assured of a hearing and adjudication by an impartial judge. However, why should an independent judiciary be commensurate with money and a particular salary scale? Members of the Judiciary are among the highest paid in Europe. In this country we appear to have a propensity for wanting to have the highest paid people, be it the Judiciary, the President, the Taoiseach, consultants, senior civil servants or bank managers. This must stop, as must the expenses regime. I constantly call for a 50% reduction, at least, in expenses across the board. Members of the Judiciary also have an interesting expenses allowance. A pay cut for judges is not a threat to judicial independence. Judges are citizens and are subject to the same taxes, levies and cuts as everybody else. I do not believe we should even have a referendum on this issue and I cannot understand how the matter ended up in the Constitution in the first place.

Deputy Clare Daly: With regard to the independence of the Judiciary being impacted somehow by this measure, that is a load of nonsense which does not stand up to any test. The idea 56 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011 that asking judges to take a pay cut like everybody else would jeopardise their independence is simply laughable. In ways, it is an insult that we are discussing this matter at all. I believe this is an attempt by the Government to dress itself up as some type of magnificent reformer when it could easily have dealt with the matter through legislation. The Minister can shake his head but there is nothing that could have stopped the Oireachtas passing legislation to provide for members of the Judiciary to take a pay cut like all the other public servants in this State. That the Minister did not bring forward such legislation exposes the fact that this is simply a smokescreen. In addition, the fact that some members of the Judiciary have been doing so much huffing and puffing about this matter is an indictment of those members. It does not give one confidence in their judgment that they can be so removed from the lives of ordinary people at present. If the Minister was serious about this issue, he would have introduced a Bill and let the members of the Judiciary challenge it. Would they have had the neck, against a backdrop of people on social welfare and elderly people having their household budgets cut, to challenge such a measure? They would not, particularly when the wages of the lowest paid are being slashed under joint labour committees, JLCs. Nobody will be crying over judges’ pay aside from the handful of judges involved, presumably. This legislation is a side show; it is creating an illusion that the Government is attempting to tackle the wealthy and vested interests at the top of society when, in reality, it is doing the opposite. If the Government was serious about tackling the wealthy, we would not be discussing this measure. It would have already been implemented and we would, perhaps, be discussing the introduction of a wealth tax for the top 300 individuals who saw their personal wealth increase by almost €7 billion in the past year. We could be discussing a 10% tax on that wealth, which would generate almost twice the amount that will be generated by the cutbacks and tax hikes the Government will impose on ordinary people under the forthcoming budget. If the Govern- ment was serious about tackling the wealthy, it would unleash a team of inspectors to assist with the Anglo Irish Bank inquiry, not a team of inspectors to hound people on social welfare. It would try to deal with a situation where the taxpayer is shouldering a €36 billion private debt as a result of the recapitalisation of the National Asset Management Agency, NAMA, write-down for 180 individuals and the nauseating situation whereby one of those individuals could host a society wedding for his daughter last weekend, while other parents of sons and daughters with special needs have had to spend the afternoon protesting outside the Dáil for justice for their children. The record of this Government is not one of tackling the wealthy but of hounding ordinary people. This measure today will be seen for what it is.

Deputy Shane Ross: I welcome this measure in principle. It is fair that judges should pay the same price as everybody else and that their salaries should be reduced. What is so extraordinary about this Bill is that it is necessary at all. What happened, however, is that the judges eyeballed the Government and forced it to take measures to reduce their salaries. Those who maintain that their salaries should not be reduced justify their stance on the basis that it somehow retains their independence and ensures they are not subject to the type of political pressures to which other public servants are subject. This is cant, hypocrisy and nonsense. I support what is being done. Of course, the salaries must be reduced. A salary of almost €300,000 per year for the Chief Justice is crazy in this economic climate. The real problem here is not that judges might be subject to political pressure or that their independence might be jeopardised or compromised if their salaries were reduced like everybody else’s salary, but that judges are on some type of pedestal and they are now believing their own propaganda. They believe that for some reason they are not subject to the same constraints and restrictions as 57 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Shane Ross.] ourselves and other workers in the public service. That is completely wrong. What should be attacked in this Bill is not just this, but the fact, which is not recognised or talked about, that judges have been treated like sacred cows in Ireland. Judges are politically appointed, and they are often appointed for blatantly political reasons. District judges are directly appointed by the Government, as are Supreme Court, High Court and other judges. There is no doubt that political complexion matters when these appointments are made. That is the problem that should be tackled. These people are appointed by the politicians in power. There have been many cases, and I do not wish to name people who are outside this House, of people who are members of political parties or who have loyalties to political parties being appointed as judges. The Judicial Appointments Advisory Board has an input into the process. It provides a list of people to the Minister. The Minister brings the list to the Cabinet and it can appoint one person from the list of seven. The list will inevitably contain the names of people who are acceptable to the Government, not least because the Judicial Appointments Advisory Board is stuffed with political appointees as well. That is the real problem with the Judiciary. We need an accountable Judiciary whose members can either appear before an Oireachtas committee, similar to what happens in Amer- ica, or whose members can be removed. Judges are virtually immovable. The problem is the fact that they are political appointments and that they are so permanent.

Deputy Joan Collins: I have no problem with the proposed amendment. Many people will vote for it and I am confident it will be passed overwhelmingly. I cannot think of anybody who would vote against it, aside from our esteemed, politically appointed ladies and gentlemen on the Bench who, of course, are not defending inflated salaries and privilege but their integrity and independence. However, is all this example-setting by people at the top not something of a con? To what level will judges’ pay be cut? Will it be to the level of the Taoiseach’s pay? At approximately €200,000 per year their salaries are six times the average industrial wage. The cuts in salaries for Ministers, Deputies and top civil servants are pure tokenism. Cutting €20,000 per year off the salary of the Taoiseach or a judge does not place them in hardship but a cut of a few euro per week is a huge problem for someone on social welfare. A real example would be to introduce a cap of €100,000 on all salaries and pensions paid by the State, including those of judges. This would still be three times the average industrial wage and almost ten times the income of a family on welfare. A tax of 70% on individual incomes above €100,000 in the private sector should accompany this measure. These would be real measures and people would see that this Government is tackling the issue. This could make a start in reducing some income inequality in our society where the top 20% of income earners receive four times the income of the bottom 20%. This must be addressed. People are overwhelmed by the poverty in which they have found themselves in recent times. People have lost their homes, etc. The Government seems intent on increasing inequality with the dismantling of protection for 260,000 workers covered by the JLCs and the attempt to delay for six months the implementation of the EU directive on equal pay and conditions for the 35,000 agency workers in our economy. SNA teachers are being cut in schools where they are badly needed. People have been asked to put their hands in their pockets but the Government should examine its con- science and reverse the decision in regard to SNAs.

Deputy Catherine Murphy: I do not oppose this straightforward proposal. I am not against reducing judges’ pay but I am deeply unhappy with the way today’s and tomorrow’s proposals 58 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011 to amend our Constitution have been brought forward. One of the major flaws with our first Constitution was that the Houses of the Oireachtas could amend it at will and we ended up with a Constitution which was like a wedge of Swiss cheese. Before I and many in this House were born, the citizens adopted this Constitution. The parts of the Constitution which have stood the test of time are those based on broad principles. It is very important that we properly scrutinise measures which look benign. The Joint Com- mittee on the Constitution’s fourth report deals with electoral reform. It is much more difficult to remove things than it is to put them in. That is why full scrutiny is required when we decide to tinker with the Constitution. I agree with some of the points made in regard to who would have challenged a Bill if it had been brought forward. When the Minister proposed this change in 2009, he said it should be tagged to the referendum on children’s rights, which I wanted advanced quickly. I am disappointed we are not at that stage. We are trying to visualise what could happen at a time of political instability when one needs that separation of powers. That is a good principle. The pay aspect is dubious but the separation of powers is incredibly important and a cornerstone of our democracy. When I read this Bill, which is quite short, I was concerned by the section which stated that the remuneration of judges is subject to the imposition of tax, levies and other charges that are imposed by law on persons generally or persons belong to a particular class. I do not know how to interpret that and I would welcome the Minister’s comments. Can it be interpreted as people other than judges? That is the only aspect about which I have concerns.

Minister of State at the Department of the Taoiseach (Deputy Paul Kehoe): I wish to share my time with Deputy Patrick O’Donovan. I welcome the opportunity to speak on a Bill which I have supported since the Minister initially proposed it two years ago in Private Members’ time. I congratulate him on the presentation of this Bill, which he has spent a considerable amount of time preparing. It is vital for this Government to give people an opportunity to make an amendment to Bunreacht na hÉireann. It would be satisfying to follow through on another mandate from the people to bring judges’ remuneration in line with other public servants. Many people are angry and see one rule for the Judiciary and another for everybody else. Judicial independence is of vital importance and must be retained and protected. The separation of powers requires an independent Judiciary and this referendum will not diminish judicial independence. The issue of judicial pay needs to be addressed. Currently, judicial salaries remain in bubbles which have well and truly been burst. Irish judges are among the highest paid in Europe and we are all well aware that this is simply unsustainable. However, it is important to note that this legislation does not seek to target judicial salaries in an unfair manner, but rather bring those salaries in line with other public servants and that they accept the reductions as other public servants have. I am sure most people will see that this level of objectivity will reinforce the independence of the Judiciary. I welcome the fact that the vast majority of the Judiciary does not oppose this referendum and most have made voluntary contributions to the Exchequer in recent years. However, this issue cannot be allowed to remain an optional choice for the Judiciary when it is a compulsory requirement for the rest of the public service. If this amendment is approved by the people, a saving of €5.5 million per year can be achieved. It is generally accepted that public sector spending and public sector salaries went out of control under previous Administrations. After studying Irish figures in an international context, 59 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Paul Kehoe.] it is no surprise that we are still battling to bring public service expenditure under control given the problems we have inherited. At this point, it is hard to justify Ireland’s high ranking among our OECD counterparts when it comes to the judicial earnings. In this area there is a stark difference between us and many of our neighbours in the EU. If this amendment is successful, it will not interfere with the impartiality or freedom from influence of those on the Bench. When a nation has a politically independent Judiciary, what matters primarily for the citizen is accessibility of the courts. However, this has been a problem in my constituency of Wexford and my town of Enniscorthy. I agree with the Minister’s senti- ments that public respect for the Judiciary must be maintained and that this would be more difficult if they were immune from the economic reality in Ireland. I have supported the Minister’s proposal in this area since he first introduced his Private Members’ Bill to the House two years ago. I am aware from my role as Government Chief Whip that this is a carefully drafted Bill. Although the polls show that the majority are in favour of this referendum, I have urged all my constituents to study the literature they will receive over the coming weeks on this referendum before exercising their democratic right. With the public fully aware of the proposal, I am fully confident the referendum will carry the amendment. The issue of judicial salaries is not a new topic for discussion in this House. In the fourth Dáil, Deputy William Magennis said that it is an elementary fact of psychology that nothing gives much independence to the character of a man as the knowledge that so long as he discharges his duties efficiently, he has an adequate salary. I do not think any member of the Judiciary could dispute that he or she will not receive an adequate salary if this amendment is endorsed by the people.

Deputy Patrick O’Donovan: I welcome the opportunity to speak on this Bill, which deals with an important amendment to the Constitution. I congratulate the Minister, Deputy Shatter, on bringing it before the House. It is regrettable that his proposal was not accepted by the previous Government because if it had been, this referendum could have been held on the same day as the last general election. However, the previous Government decided to protect the bigwigs a bit longer, so we are debating the issue now. There is no doubt that the public have been convulsed about this matter for a long time. Speaking as a teacher, and thus a public servant, I know that many of my colleagues were appalled by the Judiciary’s rates of pay. The spectacle of the Judiciary acting in some sort of lobbying movement to try to get themselves protected, or avoid the need for a referendum through the appointment of an independent commission, did not go down well with the public. The Minister and the Government are doing the right thing and the public will no doubt say so when the matter is put before them in a referendum. There was a suggestion in some quarters that this proposal could somehow be interpreted as an infringement of the separation of powers between the Oireachtas and the Judiciary. Nothing could be further from the truth, however, because Article 35.2 of the Constitution allows for judicial independence. In addition, the Executive does not have the right to interfere in the judicial process once judges are appointed. However, we have an obligation to the taxpayers who elected us to ensure that, at a time when the public finances are in the current position, people are seen to carry the burden fairly. At the moment that is not the case because some judges opted into a voluntary reduction while others, unfortunately, did not, which is regrettable. Maybe these people do not read the papers or listen to the news, but unless they are totally oblivious to what is going on in the country, they should all have signed up to this reduction. The fact is, however, that they did not. 60 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

The reduction in judges’ pay will save €5.5 million, but some people may be of the opinion that the Minister could dig even deeper. We have judges who are among the best paid in Europe, if not the world. We have very well paid judges sitting on the Bench, while legal practitioners in court are also operating on highly inflated salaries and costs, many of which are met by the taxpayer. I implore the Minister to examine that matter also. I know that his colleague, the Minister for Public Expenditure and Reform, has been examining this issue. People are annoyed and fed up with the costs incurred in using the Irish courts service, whether it concerns judges, barristers or solicitors. Enough is enough. It is regrettable that judges did not voluntarily enter into this scheme. Reference was made to the fact that the current Government is bringing forward this referendum in conjunction with another one on the establishment of Oireachtas committees of investigation, but that is in the programme for Government and was campaigned for during the election. I cannot understand how some Deputies bemoan the fact that we are bringing forward referenda on the same day at the presidential election. Perhaps they are the same Deputies who gave out earlier because we did not use the presidential election as an opportunity to do this. A referendum on children’s rights has also been promised. Constitutional reform was put at the top of the agenda when the programme for Government was signed up to. I am glad to see that today, at the start of the new Government’s first proper term, the Minister for Justice and Equality is delivering this Bill. I hope the amendment will be passed by an overwhelming majority. Nurses, teachers, road sweepers, gardaí and everybody else have taken their fair share in this country. It is regrettable that judges have had to be dragged into this matter, which should also apply to new entrants to the Bench, in addition to their pensions and entitlements. Last week, the country was convulsed over a severance package paid to a retiring civil servant. It is a scandal that the Croke Park agreement would be used by anybody leaving the public service as a way to justify those sort of payments. That issue also needs to be put on the table.

Deputy Charlie McConalogue: I wish to share time with Deputy Dooley.

Acting Chairman (Deputy Olivia Mitchell): Is that agreed? Agreed. The Deputies will have five minutes each.

Deputy Charlie McConalogue: I welcome the Bill and support its objective. The majority of judges took a voluntary cut in line with what was requested, but our party is supporting the legislation. The Bill’s contents have been examined and dealt with by many other speakers. The Bill before us should be seen in the context of what the new Government promised to do during the election campaign some seven months ago. This Bill was promised as part of six separate referenda that Fine Gael said it would introduce as part of a super Constitution day. That is what they called it back in February, but it is a bit like the 100,000 jobs that were promised, as well as the five point plan. I have not heard the Minister, Deputy Shatter, or any of his colleagues refer to the super Constitution day since 25 February. The promised referenda included one to abolish the Seanad and another to reduce the Pres- ident’s term of office from seven to five years, which would have been appropriate to hold alongside the presidential election. Another proposed referendum was to give the Dáil powers to cut judges’ pay, which we are now discussing. Yet another referendum was to 7o’clock give Oireachtas committees stronger powers of investigation, which is scheduled to take place on the same day as the presidential election. In addition, a referendum was promised to put the Office of the Ombudsman on a constitutional footing. Those six referenda were promised as part of the super Constitution day, but some of them have been forgotten. 61 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Charlie McConalogue.]

On 27 October, the date for the presidential election, these two referenda will also be held. Although welcome, they were supposed to be part of something very separate. I ask the Mini- ster to outline where the promised super Constitution day now stands. The Government appears to have taken a different tack since taking office by deciding to hold two referenda, rather than six. For example, we were supposed to have a referendum on children’s rights. As his party’s spokesman on children in the previous Dáil, the Minister knows that such a referendum is of the utmost importance. In Opposition, he regularly extolled the necessity for an immediate date to be set for that referendum. When Fine Gael announced its super Consti- tution day, Deputy Charles Flanagan, who took over from the Minister as the party’s spokesperson on children, said that the children’s rights referendum would take place on the same day as the presidential election. Just six months ago, Deputy Charles Flanagan, rightly, said:

every day that goes by without a referendum acknowledging the voice of children in the Constitution is a poor day for children, leaving them in a position of great vulnerability and hardship. So this will be a priority.

That was another promise that the Minister, Deputy Shatter, reneged upon in line with many of the other things he has done.

Deputy Jerry Buttimer: The Deputy’s party was in Government for 14 years and did nothing.

Deputy Charlie McConalogue: A lot of work was done on it.

Deputy Jerry Buttimer: You did nothing.

Deputy Charlie McConalogue: I heard Deputy Buttimer and Deputy Shatter saying that when they were in opposition only six months ago, but what have we seen since they took office?

Deputy Jerry Buttimer: The Children First guidelines.

Deputy Charlie McConalogue: This morning, the Minister, Deputy Shatter, made a grand comment about how he has achieved more in five months than a former Minister who is now on this side of the House.

Deputy Jerry Buttimer: He has.

Deputy Charlie McConalogue: All I have seen from the Minister is this referendum, while there is no word of all the other promises he made.

Deputy Alan Shatter: Has the Deputy seen any of the other legislation we have enacted?

Deputy Charlie McConalogue: I have not seen it. In fact, on the last day we debated across the Chamber, it was on a motion I moved to have a referendum on adoption rights on the same day as the presidential election. One of the arguments used by the Minister to vote it down was that accompanying legislation would be needed. The motion that I brought forward was the first referendum proposal made to this Dáil but the Minister claimed there would be no space for it on the same day as the presidential election because three referendums were already being planned. Now, however, we learn there will be only two referendums. Therefore, while I welcome the proposed referendum, I ask him to outline to the House where he stands on the promises he made previously. 62 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

Deputy Timmy Dooley: My party welcomes this proposal and we intend to support it while recognising the importance to democracy of an independent Judiciary. A judge’s role is onerous and without parallel in society. He or she must, to some extent, live at a remove from the rest of society. I was disappointed by some of the political posturing in evidence on the Government benches. The comments about big wigs and the other derogatory terms used are ill-becoming of Members of the Oireachtas, regardless of their parties. This is a constitutional issue which needs to be resolved in a manner which is open and does not undermine the important role that judges play. Many judges have already made voluntary contributions in recognition of our current economic circumstances. Reference has been made to savings of €5.5 million and perhaps the Mini- ster can indicate whether this figure is additional to the voluntary contributions that have already been made or if it includes them. Some elements of the Government’s spin machine have sought to portray this referendum as a ground-breaking initiative to show the people that tough decisions are being taken. However, while these claims are more about political posturing than anything else, it is right that judges be treated as equitably as other sectors of society. I am somewhat disappointed but we must take the Constitution as it stands. Given that judges’ pay increased in line with other public servants, it is ludicrous that it cannot be reduced accordingly without undermining the Judiciary. I am not a lawyer but my layman’s reading of the Constitution leads me to understand that it would become problematic if a Government sought to interfere with the pay of an individual judge or a group of judges. I was taken aback by Deputy O’Donovan’s comments in regard to what he described as a convulsion over the severance package for a senior civil servant who retired last week. I remind the Deputy that he is now a Member of the Oireachtas, which makes him party to the decision making process. He is no longer in a position to make county councillor outbursts that have no effect.

Deputy Jerry Buttimer: Was he wrong?

Deputy Timmy Dooley: He was wrong to single out an individual.

Deputy Jerry Buttimer: Was the pension right?

Deputy Timmy Dooley: I am answering the Deputy’s question. He was wrong to suggest that a certain individual was surreptitiously using the Croke Park agreement for his own benefit.

Deputy Jerry Buttimer: Was it right to pay that pension?

Deputy Timmy Dooley: Of course it was not, but that is not to suggest that the individual was somehow misusing the Croke Park agreement in his own interest.

Deputy Jerry Buttimer: He did not say that.

Deputy Timmy Dooley: He referred to an individual who is familiar to us through the media. It is open to the Government to address the matter collectively by introducing appropriate legislation that would, if necessary, deal with the issue retrospectively. It is bringing forward a constitutional referendum in respect of the judges and if it is concerned that retrospective legislation would not stand up to the Constitution, it should bring forward an amendment. I ask for less posturing and fewer outrageous attacks on individuals. We should deal with the issue in an open and collective manner rather than make scapegoats of individuals who worked hard for this State. This is not to suggest that I agree with the pay levels but we should not 63 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Timmy Dooley.] make scapegoats for political purposes. We owe it to the public servants who work on our behalf not to denigrate them and for this reason I was very disappointed about the aforementioned intervention.

Deputy Dara Murphy: I welcome the opportunity to speak on this important Bill. As I drove up to Dublin this morning, I listened to the concerns expressed on the radio that the legislation was being rushed. However, one of the finest compliments that can be paid to the Minister, Deputy Shatter, is to note the urgency with which he has approached his responsibilities thus far. Even though we are only six months into this Dáil, we are already contemplating two Bills which will allow referendums to take place on 26 October. Judging from the earlier comments by Deputies O’Brien and Calleary, I expected their respective parties would offer their full support for this Bill but subsequent Fianna Fáil speakers lead me to doubt they can agree on whether they consider the referendum to be worthwhile or if they believe Fine Gael is posturing on it. They cannot have it both ways. Anybody who canvassed the people during the last general election campaign would concur that they want us to address the issue of the pay of judges and senior public servants. I agree, however, that we have been well-served by our Judiciary. Rather than focus on the small percentage of judges who did not volunteer reductions, we should acknowledge that some 90% of them did so. The referendum respects the spirit of a judgment in the Supreme Court several years ago regarding discrimination against the Judiciary on tax matters. As long as individual judges are not singled out in any way, it is fair for a Government to include them with the rest of the public service when deciding on pensions and payments. The amounts involved are not insignificant. Deputy Dooley asked about the figure of €5.5 million, which I understand does not include voluntary savings but the Minister may clarify the matter in his concluding statement. Today being international democracy day, it is appropriate to respond to the suggestion that the referendum, if passed, would undermine the separation of powers in this State. I would argue the contrary because we are putting the decision before the people. It is the ultimate demonstration of the separation of power and of the process of democracy that it is the people who will vote to make the decision on this matter, according to which the Government and the Dáil will subsequently legislate on their behalf. In an environment where we all share a responsibility, in so far as possible, to reduce costs to the public purse, there is undoubtedly a significant cost involved in holding presidential and other elections and referenda. As such, it makes economic and practical sense that, where appropriate, we put several issues to the electorate at once. People give of their valuable time to vote and there is a cost to the Exchequer in setting up elections. It makes sense that several proposals be dealt with together where it is possible and appropriate to do so. Members opposite have pointed out that the programme for Government commits us to bringing forward referenda on issues other than those which will be put before the people next month. I am satisfied, from where I am standing within the parliamentary party, that, unlike under the previous Government, we will see these issues, including the question of children’s rights, being put before the people by way of referendum. I look forward to that. I call on everybody to support this important referendum when it comes before them.

Deputy Jerry Buttimer: I welcome the Minister and thank him for bringing this Bill before the House. I also welcome the commitment by the Deputies opposite to join the Government in supporting this referendum. Their U-turn is to be commended and I congratulate them on their belated conversion to political correctness. I hope they will campaign with vigour and 64 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011 enthusiasm in bringing the message to their constituents that all citizens, as taxpayers, must be treated fairly and equally. The Minister has held that viewpoint for two years, but it has taken Members opposite the same time to reach that level of thinking. It is regrettable that this Bill must be brought before the House today. Members of the Judiciary, as leaders in society, should have shown leadership on this issue without the requirement for constitutional change. Some of them have done so. I single out the new Chief Justice, Mrs. Justice Susan Denham, in this regard in respect of her decision not to take the incremental pay rise for which she was eligible on her appointment. In forgoing that payment she showed leadership. The Minister too has shown leadership on this issue, as have members of the public service in taking voluntary pay reductions. Everybody must be treated with respect and fairness. In this time of economic crisis, nobody must be immune from the decisions of Government. The proposal before us is aimed at achieving equality between all taxpayers and ensuring no sector is sheltered from economic pain. Those who hold high office and who are paid extremely well for so doing — I include Oireachtas Members in this — are expected to recognise their own privileged positions and to accept their civic duties. This is particularly so in the case of the Judiciary. It is important and proper that judicial independence is maintained and that Article 35.5 of the Constitution is protected. However, it is also important that the people be given the opportunity to decide whether judicial pay should be amended in line with that of other public sector employees. It is incumbent on those in high office and on us as Members of this House to show leadership and to bring the people with us. Nobody on this side of the House is seeking to interfere with the independence of the Judiciary; that is not what the referendum is about. Rather, it is about fairness and equality and ensuring that everybody plays their part in our country’s economic recovery. Judges are expected to be above reproach and are required to interpret laws, pass judgment, impose punishment and exhibit compassion in so doing. While we rightly demand high standards of them, we also require members of the Judiciary to be an integral part of our society, cognisant of the tribulations and difficulties endured by families on a daily basis. We are fortunate to have an excellent Judiciary. Its members do a tremendous job in administering justice in a fair and balanced manner. Now we are asking them to play their part in restoring the national economy. Fortunately, 85% of judges have recognised the problems posed by the constitutional anomaly and have assisted in restoring the country’s finances by voluntarily accepting the imposition of levies and changes. Those 121 judges exemplify the civic awareness which society expects of its Judiciary. If this referendum is passed, there will be a further sharing of the burden on society. In contrast to what Deputy Charlie McConalogue has claimed, the Minister, Deputy Alan Shatter, has shown tremendous stewardship of his Department. He has been a proactive Mini- ster and his record in his first six months in office is there to be examined. I challenge the Deputy to examine that record and will debate it with him in any forum. This referendum deserves to be passed. It is not a referendum on judicial independence; it is about ensuring equality for all citizens and taxpayers.

Deputy Sandra McLellan: I welcome the opportunity to speak on this Bill, which paves the way for the future implementation of pay cuts for an exclusive elite. Sinn Féin supports the Bill. It is ironic, however, that if judges had taken the opportunity to embrace not only the letter of their own voluntary levy scheme, but also its spirit, we might never have reached this point. That episode brought shame on them and their profession and in itself tells a story. While the average industrial wage in this State is some €35,000, judges can expect to earn multiples of that, anywhere between €147,000 and €295,000. At the same time, more than 65 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Sandra McLellan.] 440,000 people are signing on the dole and many more do not even qualify for that benefit. Untold hardship is being visited upon ordinary people throughout the country as a result of cuts, cuts and more cuts, with no end in sight. Through all of this recent hardship judges remained, and in many respects, regardless of the outworkings of this legislation and the referendum in October, will remain, sheltered and protected from such realities. So too will their colleagues in the upper echelons of the civil and public service. Through this saga and other events in recent weeks, we have had a very public display of the privileged and protected realms in which some people continue to live in this State. The reality for the vast majority of people in Ireland today is one of getting by. The programme of austerity scripted by the EU and IMF and implemented diligently, initially by Fianna Fáil and the Green Party and subsequently by Fine Gael and the Labour Party, has resulted in devastating changes for ordinary people. People are asking themselves whether they can afford their mortgage repayment from month to month, their children’s ever-increasing back to school fees or, even worse, food, heat and electricity for themselves and their families. Many workers wonder whether they will still have a job next week or next month. This is a frighteningly common reality for many vulnerable people. Meanwhile, members of the well-heeled, well- connected and well-protected sectors of Irish society remain immune and face no such difficulties. They certainly do not have to worry about providing the basics for themselves and their families, including food, housing, health and education. They might have to worry — if that is the correct word — about the cost of running three houses and two cars or paying private education fees. In this economic climate, such privileges arise, at least to some degree, at the expense of everyone else. This sheltered elite remains as such because consecutive Governments, including the current one, have failed to confront it. The obscene figures which have emerged over recent weeks are further evidence of the continuing practice of excessive pay and privileges, including severance and pension provisions, for senior members of the civil and public service. This must be tackled head on. The Government cannot continue to hide behind the excuse of contracts or precedent. The hundreds of thousands of people on the live register, as well as all of those who have suffered cuts to welfare, pensions and take-home pay, together with the hundreds of thousands who have been forced to emigrate must have thought they were hearing things last week when it was revealed that the recently retired Secretary General at the Department of the Taoiseach, Mr. Dermot McCarthy, received an incredible €713,000 pension pay-off on top of his annual pension of €142,000. This is the same Secretary General who was a member of the Top Level Appointments Committee that appointed senior civil servants on behalf of the State and, according to the Minister for Public Expenditure and Reform, agreed their remuneration packages, again on behalf of the Government. Consecutive Governments obviously believed they were worth it. They facilitated such behaviour by endorsing, signing off on, rubber-stamping and giving legal effect to it. What one permits, one promotes. As part of his pension pay off, Mr. McCarthy received a special severance gratuity payment of €142,670. The Superannuation and Pensions Act 1963 states that the Minister, if in his discretion he so thinks proper, can grant such a payment to a civil servant. This payment, which is clearly defined in section 7 of the Superannuation and Pension Act 1963 as being a special severance gratuity, could only have been made to Mr. McCarthy on the instruction of the Ministers for Finance or Public Expenditure and Reform. The Minister, Deputy Howlin, might have considered how many special needs assistants might be employed for that money. There have been reports in the media that Mr. McCarthy is being considered as the next ambassador to the Vatican. If this appointment comes to pass, it will be an even greater slap 66 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011 in the face to struggling families and the unemployed. The mere suggestion that any Govern- ment Minister would deem it appropriate to give such a high paid job to a retired civil servant in receipt of a €713,000 lump sum pension pay-off is completely inappropriate and reeks of the worst kind of cronyism. Recent media coverage gave even further insight into the culture of self-congratulation at the upper levels of the public and Civil Service with the disclosure that 21 senior civil servants who retired during the past four years received lump sums of between €444,000 and €570,000. A further 94 retired officials have received lump sums of €225,000. The retired officials also receive annual pensions of between €75,000 and €142,000, at a total cost to the taxpayer of almost €10 million every year. These are inordinate figures. In a similar vein, Irish hospital consultants earn a basic €250,000 per annum for a nominal 33-hour-week. While this may be Mickey Mouse money to some, it is not so to those of us living in the real world. It has been reported that some consultants spend 40% of their working time on private practice, some of which is being reimbursed by the National Treatment Pur- chase Fund. This is another example of gross excess and a failure to challenge an already privileged group. Given the extreme difficulties Government cutbacks are having on ordinary people, it is extraordinary that such practices continue unabated. The Government has promised legislation to deal with excessive senior public sector pensions and to end the practice of added years, but these changes look likely to apply only to new entrants. This is unacceptable. Methods must be found to tackle the excessively high pension arrangements for existing public and Civil Service top dogs. Increasing the tax rate applied to the balance of lump sum pay-offs is just one option. Sinn Féin has called and continues to call for the capping of all public sector pay at €100,000. Similarly, pension pots should be reduced for senior public servants. I welcome this Bill in its attempt to reduce the pay of judges in line with others in the public service. I would like to see others in the public service challenged in a similar vein. I commend the Bill to the House.

Deputy Eamonn Maloney: I thank Deputy McLellan for sharing time with me. I welcome the Bill and congratulate the Minister on bringing it before the House. I support the Bill and acknowledge its necessity. Like other Deputies, including Members of the Opposition, I will be working to ensure a positive outcome for this legislation in the forthcoming referendum. It is regrettable that this Parliament must, given the current climate, bring legislation before the House to deal with a small group of people who, since 1937, have held a privileged position, as provided for in the 1937 Constitution. I am neither a great enthusiast nor supporter of that Constitution which appears not only to have given special positions to one church, but special protection to judges’ pay. I expect that, following referendum day, this will end. I have no axe to grind with judges; I am sure there are very good judges. I do not know any judges; none live in my estate. While I am sure they do good work, they are not beyond the responsibilities of civic society. We are in a bad place, as outlined by other speakers, including Deputy McLellan. People are experiencing hardship. Judges are well paid and can afford to take the small wage cut being sought by Government. Judges have been in an extremely privileged position as a result of the Constitution passed in 1937, which was only voted on by approximately 30% of the population. Perhaps the majority of the people knew better. Only a small number of people turned out for it. I support the Bill.

Minister for Justice and Equality (Deputy Alan Shatter): I thank all Members who supported the legislation, in particular my Fine Gael and Labour colleagues. I welcome that there is agreement on all sides of the House that this change is necessary. 67 Twenty-Ninth Amendment of the 14 September 2011. Constitution Second Stage Bill 2011

[Deputy Alan Shatter.]

I will try to explain some matters. Deputies will forgive me if, given the time available, I do not respond to all questions raised. It is important to be clear on where matters currently stand. We know that a significant number of the Judiciary have volunteered to pay the pension levy. I am not aware of any member of the Judiciary who has volunteered to opt into the salary reduction which has affected everyone else across the public service. The major portion of the moneys that will be saved in the €5.5 million will derive from the fact that if this referendum is successful, we will be applying to the Judiciary the same salary reductions as apply across the public service to others. The draft Bill to which Deputy Calleary referred sets out the percentage reductions, rep- licating exactly the provisions of the 2009 Acts, which will be applied to serving judges. The draft Bill to which I am referring is the implementation Bill which we also published some weeks ago. For the convenience of the House, I included in my script the table setting out the effects of the reductions on judges’ pay. It is clear, if the referendum is successful, exactly where matters may stand with regard to judges’ pay. That is the reason there is no need to appoint a committee to look at or consider the issue. One or two speakers suggested that a committee should consider how much judges should be paid. That then is doing what we should not be doing, namely, we should not be singling out judges for different treatment to others in the context of effecting salary reductions. I am conscious of the need to continue to protect judicial independence and so I constantly reiterate that what this legislation is about is applying in a fair way to members of the Judiciary the same pension levy and salary reductions as have been already applied across the public service to others on similar pay scales. That is the crucial issue in terms of what we are doing. I agree with Deputy Buttimer that it was noteworthy that having been an ordinary judge of the Supreme Court for some time, Chief Justice Denham did not, when appointed to that position, accept the authorised level of pay of a Chief Justice, which is €295,916, but continued to work for the salary she received as an ordinary member of the Supreme Court. The changes to be effected, which are detailed in the script that was distributed, are proportionate changes that will apply to different members of the Judiciary. I shall deal quickly with some of the questions asked. Why is the wording of this Bill different from that of the Bill I published on behalf of the Fine Gael Party in 2009? There is a very simple answer to that. One can achieve the same result in a variety of different ways. There is no unique form of wording. The form of wording before the House is the form of wording recommended by the Attorneys General and the Parliamentary Draftsman. Any good lawyer could address this particular issue in a variety of different forms of wording. I listened with interest to some Members, the Independent Members in particular, who seem to think that it was not necessary to have a referendum, that we should just enact the legislation. That is poppycock. There is an express provision in the Constitution in regard to not reducing the remuneration of sitting judges. This House cannot simply enact legislation that is blatantly unconstitutional. There is a constitutional obligation on this House to ensure, as best we can, the legislation we enact is constitutional. The only way to achieve the desired objective here is by way of holding a referendum. We are not entitled in this House to remove from the people their entitlement to decide what should be contained in the Constitution. That is not an option. Also it would be to treat the people who vote in referendums as being irrelevant. We must give due respect to those who make decisions about our Constitution. We cannot simply drive a horse and cart through it.

An Leas-Cheann Comhairle: We must conclude the debate by order of the House. 68 Reform of the Common 14 September 2011. Agricultural Policy: Motion

Deputy Alan Shatter: I will conclude. In regard to the children’s referendum, I want to make it absolutely clear this will take place in 2012. It not happening now because, despite all the promises made by the previous Government, no work had commenced on the draft adoption Bill that should have been prepared.

Deputy Charlie McConalogue: What about the recommendation——

Deputy Alan Shatter: The Joint Committee on Health and Children recommended when that referendum takes place, that because it brings about a fundamental change in the adoption area, we should, as we have done in this case, publish an implementation Bill so people are clear how it will work. Unfortunately, in the short time we have had in Government and in the context of the major issues we have had to address with great speed, it was not possible to finalise the wording for that referendum and publish an adoption Bill.

Deputy Charlie McConalogue: It was the Minister who promised the referendum. It was his own policy.

Deputy Alan Shatter: That is the mistake the Deputy’s colleague made when he tried to run with that issue in Private Members’ time. Unfortunately, if the previous Government had done the work in that area correctly we may well have the children’s referendum now.

An Leas-Cheann Comhairle: I ask the Minister to conclude.

Deputy Alan Shatter: We will have it in 2012.

Cuireadh agus aontaíodh an cheist.

Question put and agreed to.

Private Members’ Business

Reform of the Common Agricultural Policy: Motion Deputy Michael Moynihan: I move:

That Dáil Éireann:

— notes that recent proposals being discussed on the Common Agricultural Policy (CAP) reform will have a detrimental impact on Ireland’s agricultural sector and that the suggested introduction of a Single Farm Payment will cost thousands of jobs and decimate agricultural production by up to 30%; and

— calls on the Government to immediately publish its proposals and position in relation to these matters.

I welcome the opportunity to speak on this motion which is one of the most important issues facing the agricultural sector and the entire economy. As has been noted right across the spectrum of the agricultural industry the targets are set out in the visionary document Food Harvest 2020. During the quiet month of August documentation was leaked from the EU to ascertain the response. Before going into the detail of that documentation we must look at what the Common Agricultural Policy has achieved for agriculture and the primary producers in Ireland since 1973 and for Europe. It has been the backbone of the EU and certainly the backbone of the Irish agricultural industry. It is hugely important in any negotiations that take place in regard 69 Reform of the Common 14 September 2011. Agricultural Policy: Motion

[Deputy Michael Moynihan.] to the Common Agricultural Policy that we put them high on the agenda. We put them extremely high on the Government’s agenda and on the agenda of this House because the whole essence of the Common Agricultural Policy is to ensure food security. During the past 25 years, following our accession to the Common Market and subsequent decisions, food mountains and so on, we have witnessed the importance of the Common Agri- cultural Policy to maintain a vibrant agricultural industry and food security. It is clear that if we do not have a comprehensive Common Agricultural Policy we will not have food security or top quality produce on the supermarket shelves throughout the EU. Last year food exports increased by 11% to more €8 billion. The Government’s target is to grow that figure under Food Harvest 2020 by €20 billion by 2020. The various discussions that have taken place at European and Irish levels have benefited the export industry. However, post-2013, it appears the Minister will be chairing the talks on the conclusion of the Common Agricultural Policy and the decisions that will be taken. There is a need to ensure that the less well-off regions as well as the better regions of Ireland are properly safeguarded. We have had a system of historical payments, based on the reference years 2000, 2001 and 2002, which by and large have served us well and brought a large amount of direct transfer payments from the EU into Ireland and the agricultural sector. To an extent, this has allowed for certain planning at farm gate level in respect of decisions for the period. Post 2013 and 2014, we have witnessed a tightening of the agricultural budget although the figure is more or less the same. We need to look at all aspects of what can be achieved in the food industry. Through better regulation we now produce some of the best quality food in the world. Farmers, the primary producers, have worked through a huge burden of bureaucracy. Comments from the agricultural sector on the bailout make it clear that we have complied with strict EU and Department of Agriculture, Fisheries and Food rules in recent years. It has paid off given that we have high quality produce that we can sell anywhere in the world. In recent addresses the Minister has made it clear that the Dairy Board and all in the industry are gearing up for the emerging markets outside the EU, markets considered to be buoyant and those that are moving forward. While we must ensure we have a Common Agricultural Policy that rewards farmers, the primary producers, who are willing to produce a product that can be exported, agriculture is an export-led section of the economy which greatly enhances our national economy. It is clear there are fears at farm gate level arising from the EU leaked documents. There is also a suggestion that the leaked documents will form part of the legislative proposals due later in the year. What I seek through this motion, and I thank my colleagues for allowing me to table it so early in the term, is to show how serious we are about agriculture. We would like to see the Department, the Minister and the Government’s discussions built up and maintained. Prior to decoupling, there was a great deal of activity at farm gate level to find a way to gain an advantage from what was being introduced. Since August, people have been discussing leasing and so forth to try to ensure they can take advantage of the proposals when they come. This will cause confusion and uncertainty. Instead, we should ensure that the volume of direct transfer payments to Ireland in recent years be maintained, as doing so would be vital for our food and agriculture industries. I will revert to the importance of CAP, but it would be remiss of me not to mention one of the most serious issues facing agriculture at the farm gate level, one that ties into decisions made at EU level, namely, the milk quota. A serious situation is affecting many dairy producers. While I am trying to refrain from making outlandish claims, it is troubling that two Teagasc publications, one in the last week of August and another in the first week of September, advised 70 Reform of the Common 14 September 2011. Agricultural Policy: Motion farmers how to stay within quota despite the fact there were still four, five or six months of milk production remaining. Making sense of this is difficult. In respect of many issues, we are tied by the EU-IMF agreement and required to become more competitive, seek export-led growth and so forth. Given the developments of the past ten to 15 years, it is important that we apply common sense. The majority of the milk produced is used in various products that are being exported outside the EU. We should give this matter serious consideration, given how the situation affects dairy farmers in particular. Various documentation from official bodies and elsewhere has advised people to engage in cow leasing arrangements with farmers in the North who are working under the UK’s regime and, as such, are 20% under quota. This makes no sense, particularly given how we have grown closer politically since the Good Friday Agreement. We share a land border with the UK, which is 20% under quota. Farmers are drying off pedigree stock and making decisions at farm gate level that will have a detrimental effect in terms of, for example, putting back calving times and so forth. According to best practice, what the training bodies are advising is a bad move. Farmers are making decisions to try to live within their quotas until 2015. In 2009 and early 2010, the national quota had not been reached in some time. The assumption was that it would not be reached. This is a serious issue. Next week, there will be meetings in Brussels. Will the Minister prioritise this issue and seek a derogation? Europe is under quota and Ireland, a small island off its coast, is significantly over quota. Farmers are producing something that is exported outside the EU and is needed in the global market. It would help to increase our balance of payments. This makes economic sense in every way. The House and every part of the agricultural sector need to consider and address this matter in a commonsensical manner. The current situation is farcical. In recent weeks, many dairy farmers who invested significant amounts have contacted me. They had been informed by their milk processors, co-ops and so on that they would not receive milk cheques between now and May 2012. These farmers have commitments to their banks, staff, contractors and suppliers and are drying off cows. Glanbia, people in better farmland and so on are drying cows off in the middle of July. This makes no sense. Will the Minister take this serious issue on board? No more than the Mulder quota, were it challenged under the Single European Act or other treaties, it would not stand. Producing milk would help us in our economic plight. We should explore the matter collectively.

Deputy Simon Coveney: We are doing that.

Deputy Michael Moynihan: I will set this matter to one side. I feel strongly about it and I hope the Minister will reply to the points I have raised. The quota is vital. During the summer, Deputies were contacted by people asking whether there was a way of putting excess milk quota into a product. For example, since farmers were not going to get paid for it, could it be used in relief products? This matter relates to the quota’s essence, namely, interference in markets. We were asked whether products could be exported to Som- alia and so forth. As the Minister knows only too well, though, the EU tied this idea down in knots.

Deputy Simon Coveney: The previous Government signed up to the milk health check, which we are operating under.

Deputy Michael Moynihan: Yes. However, there are serious issues with the check.

Deputy Simon Coveney: As the Deputy is aware, we are working on them. 71 Reform of the Common 14 September 2011. Agricultural Policy: Motion

Deputy Michael Moynihan: We need to work on them. If the constant reply is to be “The previous Government signed up to it”, why have an election? The issues are on the Govern- ment’s desk. This is a desperate plight for dairy farmers. Regarding CAP, the expert advice is to gear up for post-2015 milk quotas. Our competitors abroad have the capacity to gear up because they are starting from low bases and their farmers will be in a better position to take the benefits post-2015, yet we are being held back. As the Minister knows, the best dairy farmers in Ireland are being held back. They are making decisions at farm gate level that are not acceptable and are not good practice, but they must make them to avoid a super levy. The essence of the motion is the importance of CAP to every part of the farming sector. We must ensure that the direct payments agreed under the last health check will continue. Among the farming community, there is a concern regarding the documents leaked in August, a slow time in Brussels, namely, that the EU might be trying to pull back on something. Following the introduction of legislative proposals in the next month or six weeks, the period of discussion up to and including 2012 and the final decision being taken in early 2013, it will behove us all, in particular the Minister, to be able to say that the best deal for Irish agriculture was attained. We must ensure that the primary producer gets the best out of the deal. The statistics that are always used against CAP and farmers are to the effect that individuals are getting €500,000 and that the greatest benefactors are wealthy aristocrats in Europe. We must ensure that the money is given to the producer at the farm gate. The agriculture team on this side of the Houses — Deputies Browne and Kirk, Senator Ó Domhnaill and I — visited Brussels in June and will have further discussions on the issues concerning CAP and the milk quota as we see them. When the negotiations conclude, a cap should be placed to ensure some people do not benefit significantly. The figure constantly trotted out is that 20% of farmers are receiving 80% of the payments. This is no longer acceptable and we must examine it. We have a year and a half before the negotiations will be signed off. We must start now and ensure these are the issues that are brought to the fore. I commend the motion to the House. I ask the Minister to take our views on the CAP very seriously. I ask him earnestly to ensure that, at the meetings next Tuesday, the issue of milk quotas and the plight of the best milk producers in the country will be addressed adequately and that common sense will apply. We have seen regulations coming from the European Union from time to time in respect of which the common sense was not the best. We have a product that is needed and saleable in the European Union and the world market. We now need to address the issues I have raised in a very serious and compelling way. I commend the motion to the House.

Deputy John Browne: I support the motion tabled by Deputy Michael Moynihan. It affords me an opportunity to say a few words on the CAP and the various areas of agriculture. Over the past year, farm incomes have increased reasonably. Farmers had a few bad years but they generally recognise that, over the past year, incomes have increased and that they are now in a better position than they were. Prices for various products have improved. As the Minister will be aware, many young farmers now want to stay on the land, perhaps because of the changes in the economic climate and building industry. This is a welcome boost for farming and the production of food generally. Over recent years, particularly this one, we have seen a dramatic increase in the number of young farmers who want a qualification in agriculture. I appreciate the support of the Minister for those in Wexford in ensuring a programme is up and running through Teagasc. Perhaps it is not the type of programme we envisaged at the start — it was intended that it would be run in a vocational school — but at least a course is now available following the intervention of the Minister and discussions with Teagasc. I thank the Minister for his intervention. I hope such courses will expand and that vocational colleges, 72 Reform of the Common 14 September 2011. Agricultural Policy: Motion other second level schools and third level schools, rather than just Teagasc colleges, will be able to run them. It is important that the system be opened up. I certainly welcome the course for Wexford. Irish farmers are renowned internationally as food producers. They have constantly adapted to the changing demands of consumers. As a green island, Ireland produces food in a very environmentally friendly way and this ensures the existence of tremendous opportunities for farmers to sell their internationally renowned food products in Europe and farther afield. Hav- ing listened to the Minister a number of times on radio and television, I note he is very committed to implementing the measures under Harvest 2020. I hope this will ensure the existence of other opportunities for farmers. Coming from Wexford and being familiar with Cork, from which the Minister comes and which has been regarded as the home of agriculture and one of the main food-producing counties, it is important to recognise the role farmers are playing not only in conventional farming but also in other types of farming. In my neck of the woods, there is strawberry- growing and cheesemaking. Many alternative products are being produced by farmers and this is the way to go for the future. I hope the Minister will encourage such developments. Straw- berry-growing, for example, now extends from April until October or November. There are fewer producers but a longer season. I was at a function last week at which it was stated that Tesco is now, for the first time in many years, purchasing Wexford strawberries. It had not been buying them for a number of years. The change in this regard is welcome. On CAP reform, Deputy Moynihan and I visited Brussels before the summer and met some senior officials there. They were rather secretive in many ways about what was to be included in the proposals for the CAP. However, we received the leaked CAP proposals for the period after 2013. They have caused some concern among farm organisations, the IFA in particular. In recent weeks, the latter has been in touch with all politicians expressing its concerns over the content of the leaked document. Perhaps the Minister will clear up today some of the concerns of farmers over the leaked document. I wonder whether the Commissioner leaked the document on purpose to obtain a reaction from EU member states and the Ministers. The Irish Minister will be in Brussels next week and I am sure he will be teasing out some of the issues about which farmers are concerned. From discussions with officials, I noted they certainly implied there would be some minimal changes and perhaps some dramatic ones also. They referred to “greening”. Farmers must engage in a certain amount of greening but if one accounted for the manner in which Irish farmers produce their produce, mainly through a grass-based system in an environmentally friendly way, one would not be so sure that a major budgetary allocation for greening would be of any advantage to them. The farm organisations have raised the apparent major emphasis on greening with me and I am sure they have done so with other Members. The leaked document refers to the single farm payment, the rural development programme and the emergency market support measures. The finalised proposals, which will require EU Commission approval, will be published in October 2011. Key elements of the leaked documents include the change to the single farm payment. The national envelope will be divided into a number of elements, which may include a basic payment, compulsory greening, with an associated figure of 30%, a voluntary payment, voluntary coupled payments for vulnerable sectors, a payment for young farmers, amounting to 2%, and a national reserve figure of 3%. Perhaps the Minister will talk us through this in his reply and outline what other areas he has discussed with his EU counterparts in recent weeks. The timeline refers to the years 2011, 2012, 2013 and 2014. The one benefit of this is that our Minister will be at the table throughout all the discussions. He will probably be very much 73 Reform of the Common 14 September 2011. Agricultural Policy: Motion

[Deputy John Browne.] to the forefront when we hold the Presidency. I am sure he will ensure Irish farmers are well protected. I appreciate there is and will be a difficulty with the finances. There are not only financial difficulties in Ireland but also throughout the European Union. Therefore, the Mini- ster will not receive everything he is looking for but I am sure he will be fighting to ensure Irish farmers will be well protected on foot of any changes that occur on the implementation of CAP proposals. We have been listening to debates on changes to the CAP since the MacSharry proposals. I suppose the next deal we will be talking about will be that of the Minister, Deputy Coveney. Farmers will be able to look back on his proposals in years to come, as they do on the MacSharry proposals, and say he did a good job for Ireland. We have heard various farm organisations saying in recent weeks that the way to surmount some of Ireland’s present difficulties is through the agriculture sector. Coming from an agricultural county, I believe there is a tremendous opportunity for the sector to expand, develop and enter other areas of production. Deputy Moynihan touched on milk production. I know the Minister’s hands are tied on this issue but because of the situation in 2009 and 2010 when there was not an overproduction of milk, farmers in Wexford and, I am sure, in other counties continued to produce milk this year. Now, they find they are over quota and this is causing severe problems. I have 8o’clock met small farmers who continue to produce milk for Wexford Creamery but who will not have cheque payments for the coming months. It is ridiculous that Europe and the United Kingdom are under quota but Ireland is over quota. I do not know how the Minister will work a miracle on this to have the quota considered a European one rather than an Irish one. These farmers need help and support. They did not receive much help or support from Teagasc or the milk companies in recent months. Now, they are being warned that they must pull back, cull or milk once a day. They should have been receiving advice on this issue as far back as last Christmas but they were not well advised at that time. I appeal to the Minister to do what he can at EU level to ensure such farmers are not penalised to the extent they will be. Not alone will they be penalised by not being able to produce milk for the rest of the year but they will not have any income and they will find it very difficult to support their families. This is a major issue. It has landed on the Minister’s desk and I have every faith that he will do his best. This week, I read an article in the Teagasc magazine, Today’s Farm, with the headline, “Quota Alert”. What is suggested in the article would not be helpful to farmers. Teagasc should have been more proactive in helping and supporting farmers and in making them aware of the difficulties that may be coming down the line. In 2009 and 2010 this problem did not exist and farmers did not expect to have it in 2011. Unfortunately, it is with us. I support the motion tabled by Deputy Moynihan and I have every faith that the Minister will be at the coalface in the coming years ensuring Irish farmers and farm products will be well protected.

Deputy Timmy Dooley: I welcome the opportunity to contribute to the debate. I thank our spokesperson on agriculture, Deputy Moynihan, for tabling the motion. Those not involved in the agricultural sector might be confused, and because agriculture seems to be doing well at present and farmers have had a relatively good year they might suggest it is unusual for us to discuss it in the House. In the past, many of the discussions in the House took place after the horse had bolted, and it is appropriate that we take a long-term view on this issue, recognising the significant and serious pitfalls that lie ahead for the sector, and address it in an open and frank way. We should try to do so in as non-partisan a way as possible with agreement in the 74 Reform of the Common 14 September 2011. Agricultural Policy: Motion

House, when we do not have thousands of farmers protesting outside the gate with an imminent crisis on our doorstep. Therefore, I welcome the approach taken. Agriculture is and always has been a major plank of our economy with regard to output, employment and exports. It has faced many challenges over the years and the stakeholders have shown great resolve, innovation and capacity to change and to remain relevant, competitive and sustainable. This includes farmers, processors and all those involved in the agricultural sector. It is also important to recognise the tremendous work done by farm representative bodies. They have been to the forefront in raising local, national and international issues. They have shown a great capacity to understand the workings of the Commission and the important role Europe place in the sector. They have identified some of the major challenges and sought to resolve them domestically and internationally. The president of the IFA, Mr. John Bryan, led an exceptionally important campaign to level the playing pitch for Irish beef against South American imports. It was one of the highlights of the organisation’s work. I do not want to single out any one organisation; others have been very strong advocates on behalf of the farming community at times when it did not seem popular or relevant to some. It is their work, together with the stakeholders, that has brought agriculture back to the fore. For some years, agriculture has been put to one side and recognition was not given to its employment capacity and the major stake it has played in our economy. I will now turn to the issue at hand and the concerns raised about the proposed changes to the CAP, in particular the position taken by the Commission on the greening effect. Farmers have modernised their business and are compliant in many ways. It seems ludicrous that payments will be connected with a new requirement or necessity to get involved in a further greening process. To some extent, we need to call a halt to this over-regulation. The farming sector is over-regulated and is well-policed across the board. Previously, we dealt with the matter of who would ultimately manage the nitrates directive and whether it would be the Department with responsibility for the environment or local authorities. If we return to this type of process it will take away from the capacity of the farming sector to play an exceptionally important role in the regeneration of our economy. If unnecessary boundaries or false ceilings are put in place merely for the sake of greater regulation, it will spancel the capacity of a productive sector in our economy to flourish and thrive and meet the needs of our society. We speak daily about the need to create jobs and the farming sector can do this. The Food Harvest 2020 programme sets out an agenda for a thriving indigenous sector. We spend much time speaking about foreign direct investment, which is a hugely important part of our economy. If Intel or Microsoft suggested to us that we need to examine or be careful about regulation we would take it seriously. The farming sector has a far greater impact on our economy than any of the multinationals and we must take very seriously its concerns with regard to our negotiating position on this subject. I appeal to the Minister, and I have every confidence in him and his team, to find a workable solution which allows the sector to play an important role in the regeneration of our economy. Deputies Moynihan and Browne have already spoken about the significant and serious issue with regard to the quota regime. While quotas will no longer exist from next year, it seems ludicrous that while other areas are 10% below quota we are over quota and will be penalised. Farmers will be drying off cows, selling pedigree herds and reducing their capacity and output at a time when the country needs it for our balance of payments, as it will not be subsumed into our economy but will predominantly affect exports and value-added jobs in processing. I appeal to the Minister to use whatever leverage and muscle he has in Europe. Some seek to suggest that because of other issues Europe may not look favourably on us. It has looked favourably on us with regard to other matters, including today when the interest rate for the 75 Reform of the Common 14 September 2011. Agricultural Policy: Motion

[Deputy Timmy Dooley.] facility provided by the Commission has, without any great effort on our behalf, been reduced. This is significant and a recognition by some that we need appropriate assistance. We should make our approach with regard to the quotas as a plank in our capacity to trade our way out of this. We are not calling with the begging bowl; we are seeking fair play and a little bit of a push, particularly in this sector and we will work our way out of it. I ask the Minister to bring the matter forward as quickly as possible in whatever way he can so that next year farmers will not be challenged by trying to re-establish their herds and output as quotas are lifted. I look forward to working with him and his colleagues in this regard.

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I am sharing time with Deputies O’Mahony, Heydon, Barry and McFadden.

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

Deputy Simon Coveney: I move amendment No. 1:

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

“—recognises the importance of the agriculture and food sector as a driver for economic recovery and export led growth;

— notes the commitment of Government to the Food Harvest 2020 strategy and the progress in 2011 towards implementation of the targets as set out in the Food Harvest: Milestones for Success document published in July, 2011;

— endorses the clearly articulated policy of Government to date in relation to Common Agricultural Policy (CAP) reform;

— reaffirms the following key priorities in relation to the upcoming negotiations on the CAP on which formal proposals from the Commission are expected to be published in early October:

— ensure that the vital role of the CAP in promoting sustainable and competitive food production is maintained and that a commensurate EU budget is provided to support that objective;

— protect payments to Irish farmers and the agrifood sector under both Pillar 1 and Pillar 2 of the future CAP and to ensure that Ireland receives a fair share of available CAP funding;

— provide appropriate flexibility to Member States to determine direct payment systems best suited to their conditions and to the future development of their agricultural systems; and

— provide appropriate support for competitiveness and sustainability in food production in the rural development pillar of the CAP (Pillar 2); and

— in this regard, notes and expresses its strong support for the efforts of Government to build alliances with other like-minded Member States in pursuit of these stated objectives.

I thank the Opposition for tabling this motion. However, it is difficult for the Government to accept because it is not a fair reflection of the broader Common Agricultural Policy, CAP, debate. I hope Opposition Members will examine my amendment to the motion. They will 76 Reform of the Common 14 September 2011. Agricultural Policy: Motion probably find it difficult to oppose when they do. I have tried to ensure the amendment to the motion is as broad as possible. It would be helpful if we had a strong statement of support from other parties in this House for my efforts with CAP reform, regardless of domestic politics and the build-up to the budget. Opposition Deputies know me well enough to know I do not normally read prepared scripts. This evening, however, I will because I want to put several matters on the record which people will find helpful. The Government is fully committed to the development of the agrifood industry. It recognises the agricultural sector will be a key driver for national economic recovery and export-led growth. We have taken on board the Food Harvest 2020 strategy and have worked actively and tirelessly towards implementation of its targets. Many Members will have already seen the progress made towards implementation of these targets as set out in the document, Food Har- vest: Milestones for Success, published in July 2011. In that connection, the CAP will be a key instrument underpinning our Food Harvest ambitions. Accordingly, the negotiations on the future CAP are of enormous importance for this country because the policy decisions taken on foot of these negotiations will set the context and many of the conditions for the development of Irish agriculture. So far the European Commission has not published any proposals on the future of the CAP. These are not expected to be published until early next month. The recent media reports refer to leaked drafts which have no status and which could be subject to significant changes before they are finalised and presented to member states. Rather than speculate on the impact of what might be in the eventual proposals, I would like to give an outline of what we do know about the CAP reform debate to date and to present the Government’s views on this. We know from the EU budget proposals that the intention is to freeze CAP spending at 2013 levels. This represents a reduction in real terms but stability in nominal terms. As there was pressure for a substantial nominal cut, this represents a reasonable starting point for the negotiations, one with which we can certainly work. The eventual outcome will be determined by Heads of State in the financial framework negotiations. I will be working closely with my Cabinet colleagues to ensure a satisfactory result for Ireland. As well as setting a benchmark for the funding available, the Commission’s proposals for the future EU budget provided more guidance on Commission intentions for the CAP of the future. It confirmed the intention to redistribute CAP funds between member states and proposed a pragmatic method be used for distributing pillar 1 direct payments that would close some of the gap between those member states with low levels of payments and those with high payment levels. It went on to suggest the use of objective criteria to determine allocations between member states for pillar 2. A pragmatic approach that looks at both pillars together is needed. The current distribution key as a starting point and eligible area as a comparator must be used. On this basis, Ireland has below average payment levels per hectare for pillar 1 and 2 and would see no justification for any reduction in our allocation. Clearly other member states will see it differently. Accord- ingly, there is no certainty at this point about the outcome of the negotiations. Deputy Moynihan’s motion centres on the issue of the distribution within member states. There is strong pressure from the Commission, European Parliament and many member states for uniform national or regional flat rates for direct payments. In that regard, there is very little support among other member states for the retention of the historic model, as used in Ireland. My priority is to seek as much flexibility as possible for member states to determine the payment models best suited to their conditions and to the development of their farming systems. A lengthy transitional period will be needed if there are to be any changes. This is a 77 Reform of the Common 14 September 2011. Agricultural Policy: Motion

[Deputy Simon Coveney.] key issue for me. Other member states are pressing for flexibility in regard to other areas of the CAP and it will be important in the upcoming negotiations to arrive at a solution that is satisfactory for all member states, including Ireland. Yesterday in Poland, I conveyed my views on this point to the Commissioner and to my European ministerial colleagues. I am actively seeking allies in favour of maximum flexibility and sensible transition arrangements. The Commission and the European Parliament are pressing for a 30% mandatory green component in direct payments for additional agri-environmental measures beyond current cross-compliance. This was one of the policy elements mentioned in the Commission’s budget proposal, aimed at strengthening the perceived legitimacy of direct payments. The greening measures being mooted include retention of permanent pasture, crop rotation and ecological set-aside, all of which are already part of normal practice in Irish farming. The Government supports the idea of encouraging sustainable forms of agriculture which is at the heart of the Food Harvest 2020 strategy. However, we need to keep matters simple and to avoid creating excessive additional bureaucracy. While the greening measure that would be predominant in Ireland — retention of permanent pasture — should not create major compliance problems, the existence of separate greening conditions would complicate our single payment scheme. There is considerable greening already in place through cross-compliance and we must question what value will derive from such proposals. A further complication for Ireland is that a 30% flat-rate greening component would exacer- bate the movement towards uniform national or regional payment rates. We should consider whether there are alternative simpler approaches to achieving the Commission’s objectives. There is also strong pressure from the Commission and the European Parliament for introducing progressive capping of payments in respect of large farmers, although, there is, equally, strong opposition from certain member states, in particular Germany and the UK, to such a proposal. This is not a major issue for Ireland as most of our farms are small family farms. Only six farmers in Ireland would be affected by such proposals. It should be used as a bargaining chip to get our ways in other areas. The Commission communication suggests the introduction of a scheme directed at small- scale farmers. The details of such a scheme are still somewhat sketchy. It appears to be mainly directed towards the large number of essentially subsistence holdings in some of the new member states. I look forward to seeing more detail on this but my initial reaction is that it needs to be discretionary for member states to apply. Ireland, almost alone, has been lobbying the Commission on payments to young farmers. It would be very desirable to have additional measures in the CAP to support young trained farmers. These are the people who will drive Irish agriculture forward to achieve the targets set out in detail in the Food Harvest documents. I was pleased that this point was referred to in the Presidency conclusions on the CAP under the Hungarian Presidency. The European Parliament has also been campaigning for special provisions to encourage young farmers and I would expect the Commission to come up with some specific proposals in this regard. I would be interested to have the option of applying measures targeted at young farmers in both pillar 1 and pillar 2 and I understand our lobbying in this regard has been having some success. This is to be welcomed. The next issue is coupled payments. In line with the trend towards full decoupling in all member states, I would expect the Commission to make provision for limited coupled payments — probably no more than 5% to 10% of national ceilings. I have no objection to retention of coupled payments for vulnerable regions or sectors on a voluntary basis, provided this does not distort the market or prices. Subject to that condition, it would be useful to have a reason- 78 Reform of the Common 14 September 2011. Agricultural Policy: Motion ably flexible and voluntary provision for funding coupled payments from reductions in the single payment. I believe all member states should have the same flexibility and options. The next area is what is termed payment for area of natural constraint and to which we refer to as LFAs, less favoured areas. The Commission has signalled that it would like to divert a proportion of direct payment funds in pillar 1 to areas of natural constraint, formerly less favoured areas. This would be in addition to disadvantaged area payments under the rural development programme. I would like this to be an optional proposal. Rural development is known as pillar 2. The Commission’s intention is that this will have a greater focus on competitiveness, innovation, climate change and the environment and that it would cover multi-annual programmes. The Commission is also pressing for greater coherence between the different EU funds and to ensure that all objectives line up with EU 2020 strategy priorities. All of this is acceptable, provided the various co-ordination mechanisms are streamlined and are simple to implement. I have considerable misgivings about the level of bureaucracy that might be involved in some of these proposals. The priority for Ireland is to maintain support for on-farm investment in order to assist the restructuring that may be necessary to improve competitiveness. It is also a priority to ensure that the review of less favoured areas is acceptable and that there is a sufficiently broad menu of rural development measures to meet our needs. Regarding market management mechanisms, aside from direct payments to farmers and targeted support under rural development programmes, it is very important to maintain the market stabilisation supports in place in the CAP of the future. I understand that the Com- mission’s aim is the retention of intervention capacity and other supports as a safety net should there need to be a price floor. I agree with this policy. The dairy crisis in 2009 showed the value of market supports and we need to retain the possibility of bringing them into play if and when they are needed. In summary, in light of our ambitions for the sector as set out in Food Harvest: Milestones for Success, the Government has a number of key priorities in these CAP negotiations which are to ensure that the negotiations on the next EU budget framework deliver a well- resourced CAP to support sustainable food production in the EU; to retain Ireland’s funding both for direct payments and for rural development in any redistribution of CAP funds between member states; to obtain flexibility for member states with regard to payment models and transition arrangements for distribution of single payment funds to farmers; to ensure that rural development policy includes appropriate targeted measures to support competitiveness and sustainability; and finally,to keep CAP processes as simple and as effective as possible and to minimise unnecessary bureaucracy for farmers and costs to the State. Since taking office, I have engaged actively with the Commission and the European Parlia- ment to put Ireland’s case. In particular, I have worked to build up alliances with like-minded member states to ensure a successful outcome for Ireland in these negotiations which will underpin the future development and prosperity of this vitally important sector. I am fully committed to continuing this work.

Deputy John O’Mahony: I am pleased to have the opportunity to contribute to this debate. Among much of the gloom and doom of 2011, agriculture has been a good news story and it has given a lead to other sectors of the economy in the manner in which it has bucked the trend and increased production to record levels in many of its sectors. This has contributed to the significant increase in exports in the food and drink industry and the creation of both direct and indirect employment. Thankfully, the bounce in the agriculture sector looks like continuing into the immediate future. However, the period of time of the next two years must be used 79 Reform of the Common 14 September 2011. Agricultural Policy: Motion

[Deputy John O’Mahony.] wisely so that the potential of agriculture can be fully developed. It seems that all sides of the House are in agreement on the desired destination even though there will be differences of opinion on how to get to that destination. I welcome the comprehensive statement by the Minister which answers many of my questions regarding the future negotiations on the future of farming in Ireland. It is very clear that there is no slippage nor any lack of support or of investment. Agriculture has demonstrated its ability to deliver the goods whether the country is in bust or boom times and therefore, it needs to be allowed a fair crack of the whip. I note the Minister’s request for flexibility for member states to determine direct payments, a system best suited to the conditions of the country. This is a critical issue because it would allow our Minister to tailor the schemes to best suit the needs of our country, to keep things simple and to avoid bureaucracy, as he stated. My constituency is made up of small farmers, and farmers in SAC areas. It is important that their needs and requirements are not forgotten in the bigger picture. Farmers in the SAC areas have been constrained over the years. They have destocked their lands and they have been asked to restock. They have always co-operated with these schemes. However, it is important they are compensated for these restrictions. Small farmers must be remembered for their significant contribution over the years. We all agree that small businesses need to be supported so that they can produce one or two jobs but land is a resource and farms provide jobs too. I acknowledge that the coming negotiations will be difficult but they will also provide great opportunities. I was pleased to hear the Minister refer to the need to encourage young farmers. The young farmers of this country have shown the way in their attendance at agricultural colleges and an open door is being pushed. They must be supported. There was a kick-back as a result of the withdrawal of the installation aid and the farm retirement schemes a number of years ago. It is important to support young farmers by whatever mechanism can be found. I support the Minister’s amendment to the motion.

Deputy Martin Heydon: I too am delighted to get the opportunity to speak on this motion. I welcome the Minister’s positive comments on the progress to date in the negotiations albeit that they are at an early stage. There is agreement in the House that agriculture and the agrifood sector are good news stories at a time when we have few such stories. The sectors offer an opportunity to drive economic recovery and export-led growth. The negotiations on the new Common Agricultural Policy proposals will be some of the most important undertaken by the Government and officials this year. They offer us the opportunity to ensure the vital role of the Common Agricultural Policy in promoting sustainable and competitive food production is maintained and that an acceptable European Union budget is available to continue to support that role. The proposals to be published by the European Union in October will set the framework for the development of those industries for the next five years. I am pleased that the Minister has taken not just an active role, but almost a lead role in the negotiations. Too often in the past Governments have sat back and allowed EU directives and policy to be negotiated regardless of the consequences. The way forward is to be on top of the issues, to formulate policy and fight our corner as best we can in advance so that we get the best outcome for the country. To put the Common Agricultural Policy in context, I wish to highlight its importance to the economy, not just the agricultural sector. In the five years from 2007 to 2013, this country will have received a total of €12 billion in payments under the Common Agricultural Policy. That represents a staggering 85% of total funding from the European Union in that period and 1.4% of the total European Union budget. 80 Reform of the Common 14 September 2011. Agricultural Policy: Motion

The Common Agricultural Policy is a critical part of current industry funding and needs to be protected to allow the agricultural sector to grow to its full potential and realise the spin- off benefits for other aspects of the economy that are possible. Given that savings of more than €150 million to €200 million still need to be found in the Department this year, it is even more vital. No farmer wants to survive on direct payments. I made the point in the House previously. Farmers wish to reach a point where their produce generates an optimum return. Until we get to that stage, the Common Agricultural Policy regime is critical. Average farm incomes in 2010 were €17,770, just over 50% of the average industrial wage. Direct payments from schemes such as the Common Agricultural Policy represent 98% of average farm incomes. If we can continue to develop our agricultural and food sectors, I firmly believe they can be a strong element of our home-grown recovery. The combined agriculture and agrifood industries support jobs and local economies all over the country. Almost 15% of total employment comes from these industries with 300,000 jobs either directly or indirectly related to agriculture and food. Farmers spend almost €8 billion annually on agricultural inputs and living expenses, the majority of which are purchased in their local areas. One statistic that emphasises the pervas- iveness of the agriculture industry is that every €100 of agricultural output produces an additional €73 of output, creating a total of €9.25 billion in the economy. Before getting involved in politics I was a young farmer. I benefited greatly from the receipt of installation aid which helped me to push through my ideas and grow the enterprise when I took over the family holding. I am encouraged by the proactive efforts of the Minister in highlighting the plight of young farmers. Those who came after me did not receive installation aid as it was removed by the previous Government. That was a kick in the teeth for many young farmers who are the future of the sector. The Food Harvest 2020 targets are ambitious. It is only by encouraging young farmers and putting them at the heart of policymaking that we will reach the targets.

Deputy Tom Barry: I welcome the opportunity to speak on the motion. In order to look forward we must see where we have come from. It is important to realise that area aid was a price support when we took reductions in commodity prices. Those were the days of milk lakes and beef mountains. We are far away from that. Since those MacSharry reform days we have always had a good record of negotiating in Europe. We started off with coupled production whereby one received payment for the product. Decoupling then became the buzzword whereby in essence one got the payment regardless of production. Farmers continued to produce and issues arise in that regard currently. In order to get payments currently, the environmental impact is taken into consideration. That is all well and good but when one links the environmental input with production, the two elements tug in slightly different directions. While both are important, there is no point in having fabulous looking countryside but no production. We must be careful about where that might lead. Price fluctuations are also a reality at the moment. While 2011 has been a great year in most sectors bar the pig industry, we should bear in mind that in 2010 and 2009 most people were barely able to keep going. The single farm payment comprised a major part of their income. I attended a meeting this evening which the Minister had attended previously concerning Beet Ireland. The group has put together an impressive feasibility study showing that we possibly have a future in commercial sugar production. I commend the Minister for giving his time to those involved. Sugar production is part of the Common Agricultural Policy negotiations. Last week, it was announced that the sugar quota could come to an end in 2016. Sugar is also a vital part of the food economy in the future.

81 Reform of the Common 14 September 2011. Agricultural Policy: Motion

[Deputy Tom Barry.]

We had cheap money and we have cheap food, but that may not always be the case. While China has 8% of the world’s land mass and 20% of the world’s population, there will be a demand for food.

Deputy Nicky McFadden: The European Common Agricultural Policy allows farmers to produce a sustainable supply of high quality food. The agrifood sector is this country’s most important indigenous manufacturing sector, which accounts for more than 7.5% of national employment. The Common Agricultural Policy also provides for services including environmental protection, landscape management, food safety and animal health and welfare standards. Most importantly, the Common Agricultural Policy supports the continuation of the family farm of which there are 128,000 in the country. A total of 1,100 food and drinks firms are dotted around the country. The Common Agricultural Policy is critical to ensuring sustainable and viable food production across the European Union, thus securing a supply of high quality food that is affordable. In the absence of the Common Agricultural Policy, the Irish consumer would be exposed to volatile markets and prices with lower standards of food production and environmental protection. Consumers and the people I represent expect security of food supply, guarantees on food traceability, food safety and environmental and animal welfare standards. European consumers spend 13% of their household budget on food. The Common Agricul- tural Policy post-2013 allows farmers to respond to the food demands of the European consumer. It also supports viable farm families and, importantly, ensures that farmers are not forced to produce below the cost of production. It supports environmentally sustainable grass- based production. The good news story of 2010 in terms of farm incomes seems set to continue in 2011. Dairy exports have increased by 40% between January and May and the sector has increased by 14% for the six months of 2011. Harvard Business School issued a series of recommendations and the one I liked the most was its use of the term “Brand Ireland”. This is an amazing brand for us given our wonderful artisan food, which was demonstrated to us by the IFA before the summer recess. I commend the Minister on his forward planning and lobbying, especially on behalf of young people. We must encourage the next generation to get involved in the agrifood sector. I commend him on building relationships and alliances, and I welcome the Minister’s statement that he will endeavour to retain Ireland’s funding for both direct payments and rural development. I also commend him on wanting to keep the process simple and straightforward.

Deputy Michael Colreavy: I thank the Minister for his report. I confess that although I have sometimes been known to speak at length, perhaps too long, about matters, when I initially saw the Fianna Fáil motion, I was not entirely clear about the intentions. I reckoned I would speak for two minutes as a result and would not have much more to say after that. I broadly understand what the motion is getting at and I am delighted it has been put forward; I thank the Fianna Fáil Party for doing so as it has merited a good response from the Government. I read the Government amendment this evening and if I had more time, I could have put down an amendment to that amendment. All sides could then have signed up to my amendment tomorrow morning and we would all have been happy. History will never be proven on that but there we go. 82 Reform of the Common 14 September 2011. Agricultural Policy: Motion

I will not rehash discussions concerning the importance of agribusiness and agriculture in Ireland. I have described agriculture as one of the few major functioning areas of the real Irish economy, with agriculture and agribusiness showing characteristics that are not present in any multinational companies nor many of the national companies or employers. Agriculture will not suddenly be whipped to Taiwan or China in order to gain increased profits for shareholders and most of the profits from the inputs to agriculture are sourced locally, which contributes to the Irish economy. All of the wages are spent locally in developing communities, and profits from output are generally held within the Irish economy. All sides would agree that it is an important industry in the country. Despite the economic downturn, the agrifood sector appears to have weathered the storm better than others. I have no doubt that agriculture has the potential to lead this nation into economic recovery. We must look after and protect the industry as it has always been our country’s backbone, which we need now more than ever. We must develop strategic plans, and I am aware that the Minister will deal with our Northern counterparts to ensure the sector, at an all-island level, can thrive and act as an economic driver while other sectors begin to recover. We must increasingly consider this all-island approach to agriculture and the agrifood industry. Key to this is the EU Common Agricultural Policy, CAP, which supports and promotes agriculture throughout the EU. It is true that the imminent EU reforms of the CAP have the potential to make or break this valuable Irish agricultural industry. We must ensure the Government can strenuously defend the rights of Irish farmers, food producers, fishermen and consumers in drawing up new policies and maintaining payments through 2013 and beyond. I have said before and will repeat that my party will strongly support the Minister and Depart- ment responsible for agriculture for as long as they strive to achieve the ambitious targets set out in Food Harvest 2020 and the report on our fishery harbours. Certain elements should be considered, although there is much in the Minister’s statement that I welcome. The Minister can see clearly the fundamental importance of the industry for the future of the country, with the critical importance of EU support continuing. Freezing the CAP at 2013 budget levels will represent a reduction in real terms and perhaps there is scope for further debate in that regard. All of us must bear in mind that many people, particularly in the west and north west, are small farmers who held small jobs as well. In many cases those jobs are gone and overall income is well down as a result. It would be wrong for the EU to assume that the average income per capita, particularly in disadvantaged areas, would be as strong now as when the Union last assessed it. The chances are that incomes are well down and people will depend on the farm as a sole source of income aside from farm assist. There is much work to be done in this regard. With regard to distribution among member states, there is a suggestion that objective criteria would be used to determine allocations between states for Pillar 2. I know all of us are interested in this and would like further information on the type of criteria being spoken about. We must talk to our communities in this regard. Government must be prepared for what is coming and communities should also be prepared in order to gain pole position in availing of what comes from CAP reforms. As soon as the reforms take shape, we must ensure the communities can benefit from them. We must take a pragmatic approach that can consider both pillars. Distribution within member states is key. Every state will seek the best it can get for itself, which is one of several advantages to closer collaboration with colleagues in the Six Counties. The introduction of a green component to direct payments is potentially a dangerous issue for Irish agriculture. I know the Irish Farmers Association has serious concerns in this regard. Nevertheless, this could provide tremendous advantage as much of what farmers are already 83 Reform of the Common 14 September 2011. Agricultural Policy: Motion

[Deputy Michael Colreavy.] doing works towards a green agenda, although they may not label it so. They manage farmland to ensure it is ready for the next use, crop or season, working in harmony with nature to ensure the land remains as fertile as possible. That is the kind of activity that has a green element, although the EU may not always support it financially. Perhaps we should have a discussion with the EU about precisely what is meant by “greening”. If it is the good management of land in order to maximise potential yield from that land, it is not something of which the IFA, the EU or farmers in general should be afraid. We must ensure that when the Minister’s counterparts in the EU speak about greening, it is not simply about inserting limitations which anec- dotal evidence suggests will improve the land’s prospects. Good land management is in everybody’s interest and that is what we should support. We need to keep things simple and avoid creating excessive additional bureaucracy. I welcome that inclusion in the Minister’s report. With regard to capping, Sinn Féin has argued for some time that there should indeed be a cap on the grants being paid. There should be scaled payments so that small and medium-sized farms get more support than large farms. Further- more, the money from these schemes should not be used to pay businesses which have no direct involvement in agriculture. If those businesses require support, they should get it from some other fund. The Common Agricultural Policy fund should be used to maintain those who produce the food in the first place. We support capping in that regard and would support a mechanism that ensures there is fairness and equity in the distribution of the fund, whereby those who need most, get most. I note the Minister has some reservations regarding payments to small scale farmers. There is a need to make the qualification criteria simpler and less demanding for smaller farmers or organic producers. Perhaps this will be an opportunity to open that door to a number of people in the country.

Deputy Simon Coveney: The proposals in that area are still very unsure. One of the reasons I am not as certain about that area as the other areas is that we just do not yet know what the detail will be.

Deputy Michael Colreavy: Yes, but perhaps in the discussions the Minister would suggest it as a possible opportunity under that heading. All of us welcome the Minister’s insistence on the desirability of having additional payments to support young farmers. In the north west I see many young people leaving farming. They do not see a future for themselves in agriculture. The worst thing that can happen is to have hope taken from these young people. Anything the Common Agricultural Policy or the Government can do to make it easier for these young people and to give them hope that by staying on the farm they will have a half decent future would be welcome. That is all they are seeking and it is what we should be fighting for on their behalf. I believe the Minister will do that.

An Leas-Cheann Comhairle: The Deputy has two minutes remaining.

Deputy Michael Colreavy: Is that all?

An Leas-Cheann Comhairle: Yes.

Deputy Michael Colreavy: There is a great deal in the Minister’s report. I do not know if this relates to the CAP negotiations but there should be discussions with farmers before their areas are designated special areas of conservation, SACs, as this can tear the bottom out of the local farming industry. 84 Reform of the Common 14 September 2011. Agricultural Policy: Motion

The final point I wish to make is a criticism. Regardless of what grant system is in place, if it is one in which people are owed money since last December and still have not received it, there is something very wrong with it. A number of farmers have received bills for over- payments of area aid payments that were paid to them. Apparently, there was a miscalculation by the Department and it sent out bills asking farmers to repay the money. The farmers were told that if the money was not repaid within a month, penalty interest would apply. Most of the cases I am aware of involved small amounts. I deal with small farmers. However, what if the same system applied to the Department, which is holding up some payments since last December? The payments run to many thousands of euro for some of the same small farmers. It is unfair of the Department to expect a small farmer to pay penal interest when the Depart- ment is not penalised even though grants due since God knows when are still unpaid.

Deputy Luke ‘Ming’ Flanagan: I thank Fianna Fáil for putting down this motion, which is very relevant. I also thank the Minister for giving such a comprehensive response. He is doing well so far and, hopefully, he will continue in that direction. There is a great deal of talk in Ireland at present about how great it would be if oil or gas were found here. At times we forget we already have something far more valuable, that will never run out and that we can generate every year. Perhaps that is our version of oil and gas. I mention this because in my constituency the search for gas could potentially put an end to agriculture in view of the fracking issue, although I will not discuss that now. However, people should be reminded that we have one hell of a resource. We should be proud of it and make use of it. The Common Agricultural Policy has served some of us well in many ways, but under both the old and the current systems it appears, and I am open to being proven wrong, that certain people benefited a great deal more than others. The idea of protecting small farms and the rural way of life does not appear to be the main priority but rather feathering the nest of people who have plenty of money already and, as Deputy Colreavy hinted, who are not really in the farming industry. They are in something connected with it, but not in the industry. I would like to see that change in whatever changes occur. If the CAP is about protecting small farms and if there is only a certain amount of money to be distributed, it makes sense to give more of it to people who might survive on a 50 acre farm rather than to those on a 1,000 acre farm. The CAP has served us well with regard to exports and keeping us competitive. However, I hope that in future it will help to develop the local economy as well, through its rural development component. This takes in the greening issue. Surely it is more environmentally friendly for somebody in Roscommon to eat potatoes that are grown in Roscommon. I 9o’clock am not saying one should have to or that we should go down the insular route, but from the environmental point of view it makes far more sense than bringing the potatoes from other parts of the world. In other countries such as France, Germany and Spain one will see local produce being sold locally. That is almost absent in my area. As I said previously in the House, I conducted a study in my constituency before the general election. I spoke to all the greengrocers and supermarket operators in the area. Between €9 million and €10 million worth of fruit and vegetables are sold in my local area. It is only an estimate but after talking to these shopkeepers I established that only approximately 5% of what is eaten locally is produced locally. Under the CAP reforms more money should be directed towards this area. Obviously, we will not be producing grapefruit or the like but if even 50% of the products were produced locally, it would mean another €4.5 million going into our local economy. The farmer who makes the money does not simply leave it in his pocket. It is spent on other things and the money circulates throughout the local economy. 85 Twenty-Ninth Amendment of the Constitution 14 September 2011. Bill 2011: Committee and Remaining Stages

[Deputy Luke ‘Ming’ Flanagan.]

I do not have much time but I will conclude by pointing out that we should be wary of the greening issue. While I am an environmentalist and believe strongly in it, sometimes people can get a little fundamentalist on the issue. Ireland should be very wary of rushing headlong into this and of thinking that because Europe is giving us this money we had better do what we are told. From what I can see, from 2013 onwards we will become a net contributor so we do not necessarily need to go in with our heads bowed quite so much in the future. I hope we do not see a situation down the line where people will get payments and then discover, as in the case of one of the battles I am fighting, that if they cut turf next year, they will lose their single farm payment. Will that be a component of greening or will greening be a case of good farm practice? I would like an answer to this question because we cannot establish one. Under the current single farm payment system, there is a kind of insinuation or a threat that if people cut turf on one of the 55 SAC bogs next year, they will lose part of their payment. We cannot get a definitive answer to that question but would like to get one. It would be good to know it now and for the future. Will this greening prevent us from doing something else? What will be next which we never thought of when we signed up to previous agreements?

Debate adjourned.

An Bille um an Naou´ Leasu´ is Fiche ar an mBunreacht (Tuarastal Breithiuńa) 2011: Ceím an Choiste agus na Ceímeanna a bheidh Fa´gtha

Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011: Committee and Remaining Stages An Leas-Cheann Comhairle: Before Committee Stage commences, I would like to deal with a procedural matter relating to Bills to amend the Constitution. The substance of the debate on Committee Stage relates to the wording of the proposed constitutional amendment which is contained in the Schedule to the Bill. The sections of the Bill are merely technical and, therefore, in accordance with long-standing practice, the sections are postponed until consideration of the Sched- ule has been completed.

Minister for Justice and Equality (Deputy Alan Shatter): I move:

That, in accordance with precedent and Standing Order 128, consideration of sections 1 and 2 of the Bill be postponed until the Schedule has been disposed of.

Question put and agreed to.

AN SCEIDEAL

SCHEDULE

An Ceann Comhairle: Amendments Nos. 1 to 6, inclusive, and amendment No. 7 are related and may be discussed together.

Deputy Alan Shatter: Tairgim leasu´ a2:

I gCuid 1, leathanach 7, lı´ne 3, “ar thuarastal” a scriosadh agus “ar luach saothair” a chur ina ionad.

I move amendment No. 2: 86 Twenty-Ninth Amendment of the Constitution 14 September 2011. Bill 2011: Committee and Remaining Stages

In Part 1, page 6, line 3, to delete “ar thuarastal” and substitute “ar luach saothair”.

These are a series of technical amendments to the Schedule. Amendments Nos. 1 to 5, inclusive, and amendment No. 7 propose to replace the word “tuarastal” meaning salary, which appears throughout the Bill, including in the Title, with the phrase “luach saothair” meaning remuneration or reward. I am grateful to Ranno´g an Aistriu´cha´in, the official translators office, which has advised that although “tuarastal” is used in the original constitutional provision, it would be more accurate to use the phrase “luach saothair” which has been the accepted Irish legal term for remuneration since 1950. Obviously, a different term was being used in 1937. Amendment No. 6 is similar but refers to what is the now accepted phrase for in the public interest which has also evolved since 1937. The phrase now being adopted “ar mhaithe le leas an phobail” is used elsewhere in the Constitution — for example, Articles 40.6.1 and subhead 1 of that and throughout the Irish translation of the Financial Emergency Measures in the Public Interest Act. These are essentially technical amendments based on advices we subsequently received in regard to the translation.

Aontaı´odh an leasu´.

Amendment agreed to.

Deputy Alan Shatter: Tairgim leasu´ a3:

I gCuid 1, leathanach 7, lı´ne 5, “tuarastal” a scriosadh agus “luach saothair” a chur ina ionad.

I move amendment No. 3:

In Part 1, page 6, line 5, to delete “tuarastal” and substitute “luach saothair”.

Aontaı´odh an leasu´.

Amendment agreed to.

Deputy Alan Shatter: Tairgim leasu´ a4:

I gCuid 1, leathanach 7, lı´ne 9, “ar thuarastal” a scriosadh agus “ar luach saothair” a chur ina ionad.

I move amendment No. 4:

In Part 1, page 6, line 9, to delete “ar thuarastal” and substitute “ar luach saothair”.

Aontaı´odh an leasu´.

Amendment agreed to.

Deputy Alan Shatter: Tairgim leasu´ a5:

I gCuid 1, leathanach 7, lı´ne 10, “a dtuarastal” a scriosadh agus “a luach saothair” achur ina ionad.

I move amendment No. 5:

In Part 1, page 6, line 10, to delete “a dtuarastal” and substitute “a luach saothair”. 87 Twenty-Ninth Amendment of the Constitution 14 September 2011. Bill 2011: Committee and Remaining Stages

Aontaı´odh an leasu´.

Amendment agreed to.

Deputy Alan Shatter: Tairgim leasu´ a6:

I gCuid 1, leathanach 7, lı´nte 11 agus 12, “ar mhaithe leis an bpobal” a scriosadh agus “ar mhaithe le leas an phobail” a chur ina ionad.

I move amendment No. 6:

In Part 1, page 6, lines 11 and 12, to delete “ar mhaithe leis an bpobal” and substitute “ar mhaithe le leas an phobail”.

Aontaı´odh an leasu´.

Amendment agreed to.

Deputy Alan Shatter: Tairgim leasu´ a 6a:

I gCuid 1, leathanach 7, lı´ne 13, “comhre´ireacha” a chur isteach i ndiaidh “laghduithe”

agus

I gCuid 2, leathanach 7, lı´ne 25, “proportionate” a chur isteach roimh “reductions”.

I move amendment No. 6a:

In Part 1, page 6, line 13, after “laghduithe” to insert “comhre´ireacha”

and

In Part 2, page 6, line 25, after “make” to insert “proportionate”.

Amendment No. 6a represents the only substantive change I propose to make to the Schedule. Section 5.3 is drafted to allow that when and only when reductions have been made or are in future made by law to public service pay on the basis of the public interest, these reductions can be applied by law to judges’ remuneration. That is to say it can only be done by way of primary legislation passed by the Oireachtas. The provision clearly limits the reduction in judges’ pay to cuts applying to others paid from the public purse. It also guards against any danger of successive reductions being made to judges’ pay alone as reductions can only be effected where reductions are being made to public service pay. Indeed, I referred to this in my speech on Second Stage. It has been suggested that the text of the proposed Article 35.5.3 be amended to address concerns that have been the subject of some comment. The Attorney General has recommended that the wording of that provision be changed to state that any reductions made by law to the remuneration of judges should be proportionate to the reductions made by law to other classes of persons paid out of public money. Such an amendment would remove any possible suggestion that the Judiciary could be discriminated or targeted as a group for pay reduction in circumstances where no such reductions would apply to any other group paid out of public moneys. I made reference to this in my Second Stage speech, so Deputies will be aware of it. Again, for the record of the House, the effect of this amendment would mean that Article 35.5.3 would read as follows: “where before or after the enactment into law of this section, reductions have been or are made by law to the remuneration of persons belonging to classes of persons whose remuneration is paid out of public money and such law states that those reductions are in the public interest, 88 Twenty-Ninth Amendment of the Constitution 14 September 2011. Bill 2011: Committee and Remaining Stages provision may also be made by law to make proportionate reductions to the remuneration of judges”. The word “proportionate” is inserted. It is important to understand that the proposed amendment will allow for the application of the reductions already imposed on the public service and serving judges. What the amendment does is more explicitly state what was already implicit in the original proposal and I suppose it is what I would describe as the “to be sure, to be sure” amendment so that no one can suggest, with any credibility, that this proposal does anything other than what we state it is intended to do which is simply to apply to the Judiciary any reductions that occur in other commensurate sections of the public sector as opposed to any possibility of the Judiciary ever being targeted. In the context of this issue, Deputy Calleary raised some concerns about the draft Bill we published, which I did not have the opportunity to address on Second Stage, and said that we might publish something different after the referendum or that some other Government might publish something different. Of course, the protection there is a constitutional one. No one can do anything different in the sense that one can only apply to the Judiciary the proportionate reductions that relate to persons paid out of the public purse in the public sector at the levels as detailed. I deliberately provided the detail to the House in a form that I hope made it readily understandable in the context of the different levels from the Supreme Court down to the District Court and also the heads of the different courts and how it would impact on the Chief Justice all the way down to the President of the District Court. I hope the House will support the amendment proposed.

Deputy Dara Calleary: It is only one word but it significantly improves this and takes away any ambiguity about it. We are very happy to support the “to be sure, to be sure” amendment.

Deputy Jonathan O’Brien: The “to be sure, to be sure” amendment reinforces the independence of the Judiciary and, as Deputy Calleary said, it is one word but as we sometimes know one word makes a difference. We welcome the amendment also.

Deputy Alan Shatter: I thank Opposition Deputies for their support for this Bill. I reiterate what I said at the start, that it is of crucial importance that we continue to maintain and protect the independence of the Judiciary. On Second Stage, Deputies referred to the importance of the separation of powers between the Executive and the Judiciary. When this proposal goes to the people in a referendum, it is important — particularly for Members of this House, including members of the Government — that we have a respectful public discussion. We should show due respect for the independence of the Judiciary. We need to deal with this issue in the way intended, which is to provide for fairness in the context of those who are paid from the public purse at a time of great fiscal difficulty for the State. It is right that in this discussion we should recognise the integrity and independence of judges at all levels within our courts system. I would go further in citing the bravery that is exhibited with that independence on occasions in the context of some of the more difficult issues that judges have to address in the area of criminal law over the years. On occasion in decades gone by, judges may, in hearing particular cases, have feared that they were placing themselves at risk. As far as I am aware, however, no judges have ever shirked their responsibilities, obligations or constitutional oath to uphold the law. It is my hope that, as we move forward with this particular issue, whatever small amount of heat that seemed to be generated around it back in July, will not reappear. We should have an open discussion in so far as the public may wish to hear what we are doing and be informed. On this particular issue, we will do it on a co-operative basis across both sides of the House. I thank Opposition Deputies not just for their support today on the principles of the Bill, but also for supporting the amendments we are making.

Aontaı´odh an leasu´. 89 Twenty-Ninth Amendment of the Constitution 14 September 2011. Bill 2011: Committee and Remaining Stages

Amendment agreed to.

An Ceann Comhairle: Amendment No. 7 has already been discussed with amendment No. 2.

Deputy Alan Shatter: Tairgim leasu´ a7:

I gCuid 1, leathanach 7, lı´ne 13, “ar thuarastal” a scriosadh agus “ar luach saothair” a chur ina ionad.

I move amendment No. 7:

In Part 1, page 6, line 13, to delete “ar thuarastal” and substitute “ar luach saothair”.

Aontaı´odh an leasu´.

Amendment agreed to.

Aontaı´odh an Sceideal mar a leasaı´odh.

Schedule, as amended, agreed to.

ALT 1

SECTION 1

An Ceann Comhairle: Does the Minister have anything to say on section 1?

Deputy Alan Shatter: I do not think there is an issue, a Cheann Comhairle. Section 1 is agreed.

Aontaı´odh alt a 1.

Section 1 agreed to.

ALT 2

SECTION 2

Deputy Alan Shatter: Tairgim leasu´ a1:

I leathanach 5, fo-alt (2), line 21, “Tuarastal” a scriosadh agus “Luach Saothair” achurina ionad.

I move amendment No. 1:

In page 5, subsection (2) line 21, to delete “Tuarastal” and substitute “Luach Saothair”.

Aontaıódh an leasu´. Amendment agreed to. Aontaıódh alt a 2 mar a leasaıódh. Section 2, as amended, agreed to.

RE´ AMHRA´

PREAMBLE

Aontaı´odh an Re´amhra´. 90 Statement for Information 14 September 2011. of Voters: Motion

Preamble agreed to.

TEIDEAL

TITLE

Aontaı´odh an Teideal.

Title agreed to.

Tuairiscı´odh an Bille le leasuithe, glacadh e´ chun an breithniu´ deiridh a dhe´anamh air agus ritheadh e´.

Bill reported with amendment, recieved for final consideration and passed.

An Ceann Comhairle: The Bill will now be sent to the Seanad.

Ra´iteas faoi Eolas do Vo´ta´laithe: Tairiscint

Statement for Information of Voters: Motion Minister for Justice and Equality (Deputy Alan Shatter) (Deputy Alan Shatter): Tairgim:

GO ndeánfar an raíteas a leagtar amach sa Sceideal a ghabhann leis an Ruń seo a fhorordu´ mar fhaisneís do vo´ta´laithe de bhun alt 23 d’Acht an Reifrinn, 1994 (Uimh. 12 de 1994), i ndaíl leis an togra chun Airteagal 35 den Bhunreacht a leasu´, ar togra e´ ata´ sa Bhille um an Naou´ Leasu´ is Fiche ar an mBunreacht (Luach Saothair Breithiuńa), 2011 agus ata´ ina a´bhar do reifreann bunreachta.

An Sceideal Schedule Reifreann a bhaineann le Luach Saothair Breithiuńa Is e´ ata´ beartaithe leis an mBille um an Naou´ Leasu´ is Fiche ar an mBunreacht (Luach Saothair Breithiuńa), 2011 alt 5 d’Airteagal 35 den Bhunreacht, lena ndeántar socru´ nach cead laghdu´ a dheánamh ar thuarastal breithimh an fad is bheidh an breitheamh in oifig, a scriosadh agus an t- alt seo a leanas a chur ina ionad:

‘51° Nı´ cead laghdu´ adheánamh ar luach saothair breithiuńa an fad is a bheidh siad in oifig ach amhaín de reír an ailt seo.

2° Ta´ luach saothair breithiuńa faoi reír gearradh cańacha, tobhach no´ muirear eile a ghearrtar le dlı´ ar dhaoine i gcoitinne no´ ar dhaoine a bhaineann le haicme aírithe.

3° Ma´s rud e´, roimh an alt seo a achtu´ ina dhlı´ no´ da´ eís sin, go ndearnadh no´ go ndeántar laghduithe le dlı´ ar luach saothair daoine a bhaineann le haicmı´ daoine a n-ıóctar a luach saothair as airgead poiblı´ agus go luaitear sa dlı´ sin gur ar mhaithe le leas an phobail na laghduithe sin, feádfar socru´ adheánamh freisin le dlı´ chun laghduithe comhreíreacha a dheánamh ar luach saothair breithiuńa.’.

MA´ THOILIÓNN TU´ leis an togra, cuir X os coinne an fhocail TA´ ar an bpaípeár balloíde.

MURA dTOILIÓNN TU´ leis an togra, cuir X os coinne an fhocail NI´Laranbpaípeár balloíde.

Is feídir coíp den Bhille a iniućhadh no´ a fhaíl saor in aisce in aon Phost-Oifig. 91 The 14 September 2011. Adjournment

I move:

THAT the statement set out in the Schedule to this Resolution be prescribed for the information of voters pursuant to section 23 of the Referendum Act 1994 (No. 12 of 1994), in relation to the proposal to amend Article 35 of the Constitution which is contained in the Twenty- Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 and is the subject of a constitutional referendum.

Referendum relating to Judges’ Remuneration

The Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Bill 2011 proposes to delete section 5 of Article 35 of the Constitution which provides that the remuneration of a judge shall not be reduced during the continuance in office of the judge and to substitute the section here following:

‘51° The remuneration of judges shall not be reduced during their continuance in office save in accordance with this section.

2° The remuneration of judges is subject to the imposition of taxes, levies or other charges that are imposed by law on persons generally or persons belonging to a particular class.

IF YOU APPROVE of the proposal, mark X opposite the word YES on the ballot paper.

IF YOU DO NOT APPROVE of the proposal, mark X opposite the word NO on the ballot paper.

A copy of the Bill can be inspected or obtained free of charge at any Post Office.”

Cuireadh agus aontaı´odh an cheist.

Question put and agreed to.

The Da´il adjourned at 9.15 p.m. until 10.30 a.m. on Thursday, 15 September 2011.

92 Questions— 14 September 2011. 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].

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Questions Nos. 1 to 7, inclusive, answered orally.

Offshore Exploration 8. Deputy Sean Fleming asked the Minister for Communications, Energy and Natural Resources when he intends to hold the next meeting of the north west forum Corrib gas project; and if he will make a statement on the matter. [23845/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The North West Mayo Forum was established in 2008 with the dual objectives of providing an opportunity for dialogue between parties with an interest in the Corrib gas project and offering an opportunity for furthering the socio-economic development of the North West Mayo Region. It was intended that membership of the Forum would include a broad representation from local community groups, however a number of groups opposed to the Corrib gas project declined to participate in the Forum. Over the course of its first year, the Forum met on five occasions. The last meeting was held over a year ago on 8th May 2010. A decision has not been taken to convene a further meeting of the Forum at this time. The decision to approve the application from the Corrib partners to construct a pipeline connecting the offshore and onshore facilities made specific provision for the establishment of a Consent Conditions Monitoring Committee, to monitor implementation of the conditions of the Section 40 gas pipeline consent. This provides an opportunity for representatives of the local community to engage in a meaningful way in relation to the construction of the principal remaining element of the development. I will continue to keep in mind the potential for a further meeting of the Forum.

9. Deputy Niall Collins asked the Minister for Communications, Energy and Natural Resources the progress made to date on the Corrib gas project; and if he will make a statement on the matter. [23841/11]

[Deputy Pat Rabbitte.] facilities at the Corrib Gas Field. The 83 km. offshore section of the Corrib gas pipeline has also been installed Following the granting of a number of statutory consents earlier this year for the construction of the onshore section of the pipeline along a revised route, work on this final element of the development has now commenced. It is estimated that construction of the onshore section of the pipeline, including the construction of a 5 km. tunnel, will take in the region of two years. The consent granted by the then Minister in February of this year for the construction of the Corrib gas pipeline required the Corrib Gas Partners to prepare an environmental management plan. The purpose of this plan is to ensure that the mitigation and monitoring controls identified in the developer’s Environmental Impact Statement as approved, are appropriately managed and implemented by the developer in agreement with my Department. In July of this year, following a detailed assessment, my Department approved the EMP submitted by Shell, which set out the proposed schedule of works for this year, together with the relevant environmental protection mitigations. These works relate to the construction of the Aghoose tunnelling compound and the conduct of offshore surveys. Works at Aghoose are now ongoing and these works are the subject of independent monitoring being undertaken by international consultants ENVIRON on behalf of my Department. Shells progress reports, together with ENVIRON’s reports will be made available on my Departments website.

Exchequer Savings 10. Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources if any submission has been made regarding the McCarthy report recommendations on Bord na Móna. [23954/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Report of the Review Group on State Assets and Liabilities, chaired by Mr Colm McCarthy, was presented to Government and published in April this year. In respect of Bord na Móna the Review Group recommended that the Government should seek to dispose of Bord na Móna as a single entity, including peat extraction rights but not ownership of the peat lands. Following publication of the Report, the Department of Public Expenditure and Reform sought the considered views of relevant Departments in respect of the Review Group’s recommendations. My Department consulted with Bord na Móna as part of the process of preparing its response. The Company made a submission on the Report in response to this request. My Department subsequently submitted its views to the Department of Public Expenditure and Reform in respect of the aspects in the Report which related to the work of the Department. As the Deputy is now aware the Government has considered the general issue of the sale of State Assets and these submissions will feed into the process that has been established.

Television Licence Fee 11. Deputy Robert Troy asked the Minister for Communications, Energy and Natural Resources his views that in view of modern technology, it is reasonable that €18 million of the licence fee was attributed to RTE Radio 1 in 2010; and if he has asked RTE, in view of the high salaries paid to broadcasters at the station, that the public service funding requirement be reduced. [23860/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): RTÉ is an independent national public service broadcaster whose remit and obligations are set out in the Broadcasting Act 2009. Section 114(1)(a) of the Broadcasting Act 2009 charges RTÉ with providing and operating a national sound broadcasting service which shall have the character of 94 Questions— 14 September 2011. Written Answers a public service, be a free-to-air service and be made available, in so far as it is reasonably practicable, to the whole community on the island of Ireland. Section 98 provides that the company shall be independent in the pursuance of this object, subject to the requirements of the Act, and as such I, as Minister, have no function in the management of RTÉ’s day to day affairs, including matters relating to its budget for Radio One in 2010 and in relation to general staff remuneration and contracts. These are purely matters for RTÉ management who no doubt seek to manage their full cost base in a way that ensures the financial sustainability of the company. That said, I would highlight to the Deputy that the €18.4 million of licence fee revenue attributed to RTÉ Radio One in 2010 represents a 21.7% reduction on the licence fee attributed to the station in 2009. It serves as an example of the widespread and significant cost reductions which RTÉ has undertaken and continues to undertake. I would also point out to the Deputy that RTÉ Radio One provides a very substantial quantum and quality of public service content, continues to attract the highest national share of listeners in the State, and, accordingly, fulfils an integral role as part of the public service broadcasting landscape in this country. With regard to the public funding of RTÉ, it is the case that this has been reduced in recent times, both in the most recent Government Budget and with the onset of the Broadcasting Act 2009. The Act provided that the proportion of net television licence fee receipts to be paid to RTÉ was reduced from 95% to 93% having the affect of reducing RTÉ’s annual budget by approximately €4 million. The Budget of last December resulted in the reduction of RTÉ’s public funding by €10 million as a result of the decision to transfer that sum to assist in the funding of TG4. The Budget also capped the payment of free television licences issued by the Department of Social Protection at 2010 levels which is expected to further reduce the corporation’s funding by €3 million in 2011. This series of reductions in RTÉ’s public funding is taking place in an economic climate where RTÉ’s commercial revenue has reduced drastically when compared to 2008 levels. RTÉ is forecasting a significant end year deficit this year having already posted a €4.7 million deficit in 2010. I have met recently with RTÉ management and I have made my view clear that a continuing deficit position is not tenable. I believe that the management fully concur with this and will take the remedial action necessary to address the situation. RTÉ has invested significantly in respect of the upgrading of infrastructure to facilitate the successful transition to Digital Terrestrial Television (DTT). In this context, Deputies should be aware that Capital Expenditure of up to €70 million will be incurred by RTÉ. It is important that the costs of DTT roll-out do not place an undue burden on the company. Section 124(8) of the Broadcasting Act 2009 requires the BAI to carry out a review on the adequacy or otherwise of the funding of public service broadcasters not more than 3 years after the passing of the Broadcasting Act 2009. I look forward to receiving this review, which is due to be completed by the Authority by mid-2012 at the latest, as it will assist in informing any policy decisions I may take on the future public funding of public service broadcasters. In conclusion, I am confident that the Board and management of RTÉ are taking the necessary action to ensure that the company is placed on a sustainable financial footing as soon as possible and that it continues to meet its legal obligations.

Departmental Expenditure 12. Deputy Billy Kelleher asked the Minister for Communications, Energy and Natural Resources the fees paid to the chairman (details supplied) of the north west forum in 2011; and if he will make a statement on the matter. [23850/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The North West Mayo Forum was established in 2008 by the Minister for Communications, Energy and Natural Resources and the Minister for Community Rural and Gaeltacht Affairs. The 95 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] Forum was established with the dual objectives of providing an opportunity for dialogue between parties with an interest in the Corrib gas project and offering an opportunity for furthering the socio-economic development of the North West Mayo Region. The forum is chaired by Mr. Joe Brosnan, who in addition to chairing Forum meetings helped initiate direct meetings between the developer and local groups opposed to the project, engaged in ongoing contacts with a broad range of interested parties, including community representatives, the developer and public bodies. Membership of the Forum includes representatives of a range of local groups; elected public representatives; Government Departments, State bodies and Shell E&P Ireland Limited, along with representatives of its local workforce. The Forum has, facilitated discussion and debate on a number of issues relevant to the project and the region including: • the consents processes relating to the project; • local community concerns about health and safety; • issues around policing including a presentation from the Garda Síochána Ombudsman Commission; • the Private Security Authority’s regulation of private security firms; and • renewable energy opportunities in the region. The Forum last met in May 2010 and consequently no fees have been paid to the Chairman in 2011. Fees totalling €37,400 were paid up to 2010.

Question No. 13 answered with Question No. 5.

Offshore Exploration 14. Deputy Dara Calleary asked the Minister for Communications, Energy and Natural Resources if the companies granted licences for onshore exploration of gas in the north west were required to indicate as part of their application for the licence their preferred method of extraction of gas; and if he will make a statement on the matter. [23837/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Com- panies wishing to submit applications for licensing options in the competition run by my Department last year were not required to indicate as part of their application the method they would propose for the extraction of gas in the event of a commercial discovery being made in the future. The licensing options on offer at the time specifically excluded exploration drilling of any kind. Accordingly, it would not be possible to make a commercial discovery under the licensing options that were on offer and as a consequence it would have been premature to focus on the technology that might be used to produce gas. The purpose of the licensing options is to allow the companies assess the natural gas potential of the acreage largely based on desktop studies of existing data from previous petroleum exploration activity and shallow geological sampling. They also confer on the companies involved a first right of refusal for an exploration licence over the areas concerned. Exploration activity under these authorisations is at a very early stage and there is no certainty that it will lead to applications for follow-on exploration licences that would be required before exploration wells could be drilled. I have made clear that any future application proposing the use of hydraulic fracturing, will be the subject of an environmental impact assessment, including an appropriate public consultation phase before any decision is made. 96 Questions— 14 September 2011. Written Answers

Broadcasting Services 15. Deputy Seamus Kirk asked the Minister for Communications, Energy and Natural Resources the steps he will take to ensure that the broadcast media here are not dominated by a small number of players; and if he will make a statement on the matter. [23853/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Advisory Group on Media Mergers Report points out that there are some indications of a trend towards the concentration of media ownership and that this may accelerate depending on economic circumstances. Global trends also reveal a tendency by large media corporations to acquire other media organisations on a continuing basis. The audiovisual media business in Ireland is subject to the same technological advances, growth of new media, globalisation and the convergence of what were formerly separate businesses. These rapid advances in communication technologies, including, in particular, Internet based media offerings, provide both for freedom of expression and a plurality of voices but may also concentrate media in large conglomerates not subject to Irish jurisdiction. I agree with the general view that, with increasing technological advances, growth of new media, and convergence of what were formerly separate businesses, new media is becoming inextricably interlinked. These fundamental changes mean that the traditional print media business is migrating to audiovisual media and the Internet in a rapidly globalising print and audiovisual media landscape. On this basis, I see an increasing role for my Department and the Broadcasting Authority of Ireland in the media mergers area as desirable. The public interest test in relation to media mergers currently rests with the Minister for Jobs, Enterprise and Innovation. Minister Bruton has recently brought legislative proposals to Government in this area and I understand that the proposed legislation, the Consumer and Competition Bill, is now being drafted. The issue of the future locus of the public interest test in relation to media mergers is being addressed in that context and I will be remaining very close to the issue during the drafting of legislation.

Anti-Poverty Strategy 16. Deputy Timmy Dooley asked the Minister for Communications, Energy and Natural Resources his plans to introduce a fuel poverty strategy; the timeframe for this strategy; and if he will make a statement on the matter. [21424/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Iam acutely aware of the difficulties that recent electricity and gas price rises by several utilities are having on householders and particularly those vulnerable customers who may already be struggling with arrears. The recent report from the Society of the St. Vincent de Paul is a sobering reminder that energy poverty and reduced income are a cause of deep anxiety among many older people in our society, especially as we head into the winter months. That is why the Government is determined to systematically tackle the causes and mitigate the effects of energy poverty across the country. Energy Affordability is a cross-cutting policy issue and tackling the root causes of energy affordability or fuel poverty requires action on a number of fronts. Energy poverty is caused by the interaction between energy prices, thermal inefficiency of the home and income. Action to mitigate energy poverty has traditionally focused on providing assistance through the schemes operated by the Department of Social Protection. The Affordable Energy Strategy will be the framework for building upon the many measures already in place to protect households at risk from the effects of energy poverty, which include 97 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] the thermal efficiency-based measures delivered through the Better Energy: Warmer Homes programme. By providing significant energy efficiency improvements to homes in, or at risk of, energy poverty, it brings benefits to recipients in terms of energy affordability, tangible health improvements and overall well being. The programme is administered by the Sustainable Energy Authority of Ireland (SEAI) on behalf of my Department. Better Energy: Warmer Homes is primarily delivered by 28 community based organisations (CBOs). The CBOs work in partnership with their local network of poverty and community support organisations including public health nurses, MABS and the Society of St. Vincent de Paul to identify and address vulnerable homes. Private contractors are also engaged to address areas or technologies not covered by CBOs. Enhancing the energy efficiency of low-income homes through structural improvements remains the most effective means of reducing energy poverty. To date, energy efficiency improvements in over 71,000 homes have been made under Better Energy: Warmer Homes. My Department and SEAI have a target of an additional 20,000 homes this year of which 11,197 have been completed to the end of August. In addition to Better Energy: Warmer Homes, the Department of Environment, Heritage and Local Government operate a retrofit programme for social housing. Approximately 1,850 units were approved in 2010 with a similar number expected this year. The Inter-Departmental/Agency Group on Affordable Energy, which is chaired by my Department and which represents all key Departments, Agencies and energy suppliers as well as the Energy Regulator and NGOs, finalised its own deliberations over the summer months. Their analysis and recommendations formed the basis for a strategy to be agreed with my Ministerial colleagues. I would remind the Deputy that I informed the Oireachtas Committee last evening that I was in the process of bringing a Memo to Cabinet on this issue and it is my intention to publish an Affordable Energy Strategy within a few weeks.

Telecommunications Services 17. Deputy Mattie McGrath asked the Minister for Communications, Energy and Natural Resources his plans to address the ongoing difficulties that rural householders and businesses are experiencing accessing a sufficient level of broadband; and if he will make a statement on the matter. [23881/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The telecommunications market in Ireland has been fully liberalised since 1999 and, since then, has seen the steady growth and development of vibrant well-regulated competition in the provision of the full range of telecommunications products and services. The Government is not a player in this market and can only intervene in cases of market failure. Between the significant private and public sector investments over recent years all areas of the country now have access to at least a basic broadband service. The Rural Broadband Scheme, which recently closed for applications, aims to identify the remaining individual premises in rural Ireland, including county Tipperary, outside of the NBS areas that are unable to obtain a broadband service and to provide a basic broadband service to those premises, where requested. The Verification Phase of the Scheme will now commence. Under this phase efforts will be made to obtain a service for those who have applied under the Scheme from commercial Internet Service Providers under existing market terms. If internet service providers confirm that a particular applicant cannot be served at present, the Rural Broadband Scheme will seek to offer a service through whichever company is successful in bidding for the RBS procurement contract. 98 Questions— 14 September 2011. Written Answers

The procurement process is expected to commence toward the end of October and will aim to identify the preferred supplier. Pending contract negotiations a service provider will be appointed in early 2012. Roll-out of the service under the Scheme is expected to be completed by the end of 2012. The Government accepts that the widespread availability of next generation broadband is a key requirement in delivering future economic and social development. Under the NewERA proposals in the Programme for Government, there is a commitment to co-invest with the private sector and commercial Semi State sector to provide Next Generation Broadband customer access to every home and business in the State. The Next Generation Broadband Taskforce has an important role, in this regard. In June of this year I convened the Taskforce which I chair and which also comprises the Minister of State with responsibility for NewERA, Fergus O’Dowd, T.D., the CEOs of all of the major telecommunications companies currently operating in the Irish market and the CEOs of some Internet Service Provider companies. The purpose of the Taskforce is to discuss the optimal policy environment required to facilitate the provision of high speed broadband across Ireland. The Taskforce, and four Working Groups reporting to it, are considering issues such as appropriate targets, private sector investment plans, and the role of Government in driving and facilitating investment. The Taskforce met earlier this week and will meet again in December. I expect that it will help to identify the optimal policy to deliver wider customer access to high- speed broadband generally and thereby assist in delivering on the commitment in the Prog- ramme for Government.

18. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent that comparisons have been made with the quality, standard and speed of broadband and other IT telecommunications services here with those available in other EU member states; his plans and targets, if any, to bring the quality in this country up to the highest available and the period within which it is expected to do so; if any examination has been done as to the reason that efforts in this regard over the past ten years have been largely unsuccessful; if provision can now be made for the ongoing updating and upgrading of such services on an incremental basis in the future; and if he will make a statement on the matter. [23934/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The telecommunications market in Ireland has been fully liberalised since 1999 and, since then, has seen the steady growth and development of vibrant well-regulated competition in the provision of the full range of telecommunications products and services. The Government is not a player in this market and can only intervene in cases of market failure. Commercial operators have been investing steadily in rolling out critical communications infrastructure in Ireland over the last number of years. That investment has been of the order of €400 to €500m per annum. The State too has invested where it has identified market failure. Between the significant private and public sector investments over recent years all areas of the country now have access to at least a basic broadband service. International comparisons of retail broadband services are conducted periodically. The ComReg statistical report for end 2010 noted the latest OECD broadband data up to June 2010 ranked Ireland 13th of 19 EU states surveyed for fixed line broadband penetration per 100 inhabitants and third of 18 EU states surveyed for wireless broadband penetration per 100 inhabitants. A wider report on broadband services in 72 countries published in 2010 by the University of Oxford and the University of Oviedo, Spain, concluded that the broadband services currently available in Ireland are capable of meeting the requirements of today’s broadband applications and overall, in terms of broadband quality and penetration, ranks Ireland 13th of the 72 countries studied. 99 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.]

Significant improvements have been made in the quality and delivery of broadband in recent years. For example, broadband speeds of up to 100 megabits per second are already available to around 500,000 premises using coaxial cable. This will increase to over 700,000 premises by the end of next year. Telephone lines now provide digital subscriber line broadband (DSL) offering speeds of up to 24 mbps, depending on distance from exchanges. In addition to these improvements in fixed line services, developments in wireless technologies are also delivering higher speeds. WiMax products, which are increasingly available, offer speeds of up to 10 mbps, while mobile broadband speeds are also being increased. Under the NewERA proposals in the Programme for Government, there is a commitment to co-invest with the private sector and commercial Semi State sector to provide Next Generation Broadband to every home and business in the State. The Next Generation Broadband Taskforce, has an important role, in this regard. In June of this year I convened the Taskforce which I chair, and which also comprises the Minister of State with responsibility for NewERA, Fergus O’Dowd, T.D., the CEOs of all of the major telecommunications companies currently operating in the Irish market and CEOs of some Internet Service Provider companies. The purpose of the Taskforce is to discuss the optimal policy environment required to facilitate the provision of high speed broadband across Ireland. The Taskforce, and four Working Groups reporting to it, are considering issues such as appropriate targets, private sector investment plans, and the role of Government in driving and facilitating investment. I expect that the Taskforce, which met earlier this week and will meet again in December, will help to identify the optimal policy to deliver wider customer access to high-speed broadband generally and thereby assist in delivering on the commitment in the Programme for Government.

19. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources his plans to develop fourth generation broadband; and if he will make a statement on the matter. [23883/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Under the NewERA proposals in the Programme for Government, there is a commitment to co-invest with the private sector and commercial Semi State sector to provide Next Generation Broad- band customer access to every home and business in the State. The Next Generation Broad- band Taskforce has an important role, in this regard. In June of this year I convened the Taskforce which I chair and which also comprises the Minister of State with responsibility for NewERA, Fergus O’Dowd, T.D., the CEOs of all of the major telecommunications companies currently operating in the Irish market as well at the CEOs of some Internet Service Provider companies. The purpose of the Taskforce is to consider and report on the optimal policy environment required to facilitate the provision of high speed broadband across Ireland. The Taskforce, and four Working Groups reporting to it, are considering issues such as appropriate targets, private sector investment plans, and the role of Government in driving and facilitating investment. The Taskforce met earlier this week and will meet again on 12 December. In the interim, the four Working Groups will continue their work. The objective is that the Taskforce will report before year end. I anticipate that it will identify the optimal policy to deliver wider customer access to high-speed broadband generally and thereby assist in delivering on the commitment in the Programme for Government.

Proposed Legislation 20. Deputy Luke ‘Ming’ Flanagan asked the Minister for Communications, Energy and Natural Resources his plans to introduce legislation to ensure net neutrality; if such legislation will ensure that access to all websites and services that are on the Internet can be accessed freely and without preference to websites and services favoured by a particular internet service 100 Questions— 14 September 2011. Written Answers provider in view of the fact that a growing percentage of Internet access is provided by telecommunications operators.; and if he will make a statement on the matter. [23751/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The issue of net neutrality is currently being considered by the European Commission and the Body of European Regulators for Electronic Communications (BEREC). The Commission intend to publish the evidence emerging from BEREC’s investigations by the end of 2011. The essence of net neutrality and the issues underpinning the debate include how best to preserve the openness and quality of this platform allowing innovation to flourish, while ensuring respect for fundamental rights, such as freedom of expression and freedom to conduct business. The EU will play an important role in this matter, guiding Member States on a common approach which could inform any future legislation. I will await the outcome of EU deliberations in this regard.

21. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources his plans to reform the regulation of the energy market; and if he will make a statement on the matter. [23882/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Government’s energy policy, including the regulatory framework, seeks to deliver a secure, sustainable and competitive energy supply. In achieving this objective, the regulatory framework must meet evolving energy policy challenges and also ensure compliance with the requirements of both EU and national legislation. The regulation of the electricity and gas market is the responsibility of the Commission for Energy Regulation (CER). The Electricity Regulation Act 1999 provided for the establishment of the CER as an independent statutory regulator. Since its establishment, there may have been a number of changes to the regulatory framework, and CER’s functions, in line with the continually evolving energy policy landscape and partly as a result of EU obligations. Initially, the Commission was responsible for the regulation and reform of the electricity market only. In 2002, under the Gas (Interim) (Regulation) Act, the Commission was additionally given statutory responsibility for the regulation of the natural gas market. Since then its remit has been further extended to include additional responsibilities, for example for security of supply, upstream petroleum and downstream gas safety and customer protection matters. With a view to meeting policy objectives, the CER has played a pivotal role in the development of the Single Electricity Market (SEM) which has been operating in Ireland and Northern Ireland since November 2007. It represents one of the first markets of its kind in the world, a fact that was been recognised by the EU Energy Commissioner at the time of the launch of the SEM. Building on the success of the SEM, the two regulators are currently working together to develop Common Arrangements for Gas (CAG) on the island, whereby all players in the gas market can buy, sell, transport and contribute to the development and planning of the natural gas market North and South on an all-island basis. In the immediate future, the regulatory regime for the Irish electricity and gas market, including consumer protection issues, is being enhanced by the obligations on Ireland of the EU’s Third Energy Package aimed at developing an integrated EU energy market and improving competition to the benefit of consumers. The International Energy Agency will, in the coming weeks, be conducting its periodic in- depth review of Irish energy policy. The Agency reviews the energy policy of every member country every four to five years. On this occasion, the IEA review will include, as part of its overall review of Ireland’s energy policy, an independent assessment of the efficiency of the Irish electricity and gas sectors, as required under the EU/IMF Programme of Financial Support 101 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] for Ireland. In this assessment, the IEA will examine, inter alia, existing policy in relation to the regulatory framework and actions to ensure that the electricity and gas markets are competitive. The IEA may make proposals for further strengthening of the regulatory and market reform framework, among the range of energy policy recommendations it will make in its final report. Based on the results of that assessment, I will consider what actions may require to be taken in relation in regard to strengthening the regulatory and market reform programme in consultation with European Commission Services, in line with the requirement in the updated EU/IMF Programme of Financial Support for Ireland. It is also my intention that a new energy policy framework will be published next year. The new framework will take account of developments over the past few years since the publication of the 2007 White Paper. The new energy policy framework will also be informed by the outcome of the IEA’s review, including independent assessment of the efficiency of the Irish electricity and gas sectors referred to above.

Offshore Exploration 22. Deputy Richard Boyd Barrett asked the Minister for Communications, Energy and Natural Resources if he will guarantee that in the event of granting licences of any kind to a prospecting company for hydraulic fracturing, fracking or by unconventional means, that every single drilled bore hole will require an Environment Protection Agency licence; if not, the reason for same; and if he will make a statement on the matter. [23932/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): It is a matter for the Environmental Protection Agency, which is an independent statutory body, to determine the activities that it is to licence. From my own Department’s perspective I can inform the Deputy that each proposal for the drilling of an exploration well gives rises to a detailed application and assessment, before permission to drill can be given. On the specific issue of possible future onshore exploration drilling using hydraulic fracturing, I have made clear that any such proposals would be subject to an environmental impact assessment before permission to drill could be granted by my Department. That process would include a public consultation phase. Under the licensing options granted by my Department earlier this year, which run to 2013, exploration drilling is not allowed.

Overseas Development Aid 23. Deputy Catherine Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to honour the commitment given by the previous Government to grow the overseas aid budget to 0.7% of the national income by 2015; the rationale for his decision; and if he will make a statement on the matter. [23264/11]

27. Deputy Alan Farrell asked the Tánaiste and Minister for Foreign Affairs and Trade if Ireland will reach its 0.7% of GDP by 2015; and if he will make a statement on the matter. [22924/11]

Minister of State at the Department of Foreign Affairs and Trade (Deputy Jan O’Sullivan): I propose to take Questions Nos. 23 and 27 together. Ireland’s total contribution to Official Development Assistance (ODA) will amount to €659 million in 2011. €524 million of this funding will be planned and managed by Irish Aid, in the Department of Foreign Affairs and Trade. Some €135 million is accounted for by contributions of other Government Departments and by Ireland’s share of the EU development cooperation 102 Questions— 14 September 2011. Written Answers budget.On current projections, this level of allocation ensures that Ireland will provide approximately 0.52 per cent of GNP for development assistance in 2011. The Government is strongly committed to Ireland’s development programme, which is central to our foreign policy and to Ireland’s role internationally in helping to achieve the Millen- nium Development Goals. We are committed to the target of 0.7% of GNP and we are working to achieve it by 2015. This is in line with the long-standing UN target for ODA, and with the commitment of the European Union. It is clear that, in current circumstances, this will be a challenging target to meet. However, the Government was elected to face up to the challenges of rebuilding our society and economy, and of restoring economic growth and our international reputation. I strongly believe that we can do this without undermining our work to improve the lives of some of the world’s poorest people. Over the next few years, decisions on the annual allocations for the aid programme will have to be taken within the overall budgetary framework and fiscal constraints facing the Government. Nonetheless, I can assure you, as Minister with responsibility for trade and development, that I will make the strongest possible case for funding for development cooperation.

Consultancy Contracts 24. Deputy Shane Ross asked the Tánaiste and Minister for Foreign Affairs and Trade the external public relations companies hired by his Department from 2006 to date in 2011; the departmental projects they were used for; the cost of each company’s services; and if he will make a statement on the matter. [22697/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Depart- ment of Foreign Affairs and Trade is responsible for two Votes — Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation). The information requested by the Deputy, together with a brief description of the services provided, is set out in the following tables. I am very conscious of the need to achieve value for money on such expenditure. My Department com- missions external public relation companies only where specialised knowledge and/or skills are not available within the Department. The commissioning of these contracts is in full compliance with national and EU procurement regulations concerning tendering requirements.

Vote 28 — Hiring of Public Relations companies 2006-date

Year Organisation Detail of project Amount €

2008 e Communications Clinic Action Plan under the Communicating €41,000 Europe Initiative 2009 e Communications Clinic Action Plan under the Communicating €6,300 Europe Initiative

Vote 29 — Hiring of Public Relations companies 2006-date

Year Organisation Detail of project Amount €

2006 Drury Communications Advice on preparation of a public information €62,464 strategy for the Government’s aid programme. 2007 Bannon & Bannon Communications and strategic advice on €5,082 Hunger Task Force information promotion 2008 DHR Communications Planning/ Management/coordination of Africa €34,485 Day events 2009 DHR Communications Planning/Management/coordination of Africa €63,058 Day events

103 Questions— 14 September 2011. Written Answers

[Deputy Eamon Gilmore.] Year Organisation Detail of project Amount €

2010 DHR Communications Planning/Management/coordination of Africa €56,023 Day events 2010 DHR Communications Management of Simon Cumbers Media Fund €31,363 2011 DHR Communications Planning/Management/coordination of Africa €6,806 Day events 2011 DHR Communications Management of Simon Cumbers Media Fund €32,868

Departmental Expenditure 25. Deputy Shane Ross asked the Tánaiste and Minister for Foreign Affairs and Trade the amount spent on taxis by his Department in the past year; the amount that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the number used by staff members; the number used by outsiders; and if he will make a statement on the matter. [22725/11]

31. Deputy Shane Ross asked the Tánaiste and Minister for Foreign Affairs and Trade the amount his Department has spent on taxis for staff and for others in each of the past four years [23299/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 25 and 31 together. The amount expended by my Department on official taxi fares for Headquarters and Missions abroad from 1 January 2008 to date is outlined in the following table:

Year €

2008 454,878 2009 305,985 2010 263,202 2011 to date 143,741

My Department’s current taxi policy provides that taxis may be used for official business only in cases when public transport is not available or feasible or when officers are required, because of work or official travel commitments to travel early in the morning or late at night either to or from HQ or to airports or train stations. At other times, the use of taxis is not allowed. I believe that this provides a reasonable balance between requirements to safeguard the exchequer to the greatest extent possible and a recognition that there are situations where the use of taxis will be necessary. In addition to the figure for taxi usage given above, HQ-based officers abroad travelling on official business may also find it necessary to use taxis and may be reimbursed for these costs. These costs are reimbursed with travelling expenses in the normal way. The costs related to taxi use are monitored on a monthly basis and the taxi policy is kept under review. The cost of contract taxi services has declined each year since 2007. The official taxi service is intended for staff of my Department only and is not made available to others. 104 Questions— 14 September 2011. Written Answers

Proposed Legislation 26. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade his plans to hold a referendum on the changes to the Lisbon treaty that have been agreed at the European Council; his further plans to pass legislation in Dáil Éireann and the timeframe envisaged for same. [22913/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The 24-25 March European Council adopted the Decision amending Article 136 of the Treaty on the Functioning of the European Union in connection with the proposed new European Stability Mechanism. This Decision shall enter into force on 1 January 2013 provided that all Member States have notified the completion of the procedures for the approval of the Decision in accordance with their respective constitutional requirements. Having considered the matter carefully, including the legal advice of the Attorney General, the Government is satisfied that the amendment to the Treaty is compatible with the Consti- tution. As no amendment of the Constitution arises, a referendum will not be required in order for Ireland to approve the amendment to Article 136 of the Treaty on the Functioning of the European Union. I propose to bring forward a Bill in the coming months to amend the Euro- pean Communities Act 1972 to reflect the amendment of Article 136 of the Treaty on the Functioning of the European Union to allow for the establishment of the European Stability Mechanism. It is envisaged that this Bill would also amend the European Communities Act 1972 to take account of the transitional provisions on the composition of the European Parliament until the end of the current parliamentary term (2009-2014). These are contained in a Protocol agreed at an Intergovernmental Conference on 9 June 2010, in order to allow for the inclusion in the current European Parliament the additional seats which are provided under the Lisbon Treaty, since the last European Parliament elections took place before the Lisbon Treaty entered into force.

Question No. 27 answered with Question No. 23.

Passport Applications 28. Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs and Trade the number of passport applications issued during the 2010-11 period on a monthly basis; and if he will make a statement on the matter. [23049/11]

29. Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs and Trade the number of staff working in the passport office during 2010-11 on a monthly basis; and if he will make a statement on the matter. [23050/11]

30. Deputy Charlie McConalogue asked the Tánaiste and Minister for Foreign Affairs and Trade the number of days holidays taken by staff in the passport office during 2010-11 on a monthly basis; and if he will make a statement on the matter. [23051/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 28 to 30, inclusive, together. The total number of passport applications received in the period 1 January to the end of August 2011 was 546,382. This contrasts with 540,110 for the same period in 2010 and 504,524 from 01 January to the end of August 2009. 2011 demand represents a 1.2% increase over 2010, a year in which very significant demand over this period arose during a time of industrial action in the Passport Service, and an 8% increase in demand over 2009.

105 Questions— 14 September 2011. Written Answers

[Deputy Eamon Gilmore.] Passport Application Demand by Month

2010 2011

January 45,098 52,221 February 57,215 59,424 March 85,470 68,407 April 84,575 70,735 May 72,890 89,235 June 78,293 83,556 July 68,600 68,918 August 47,969 53,886 September 40,712 October 36,291 November 35,391 December 22,820

The Passport Offices in Molesworth Street, Balbriggan, Cork and London are currently staffed approximately as follows: 1 Principal Officer; 2 Assistant Principal Officers; 12 Higher Execu- tive Officers; 52 Executive Officers/Staff Officers; 251 Clerical Officers; 6 Services Officers and 4 cleaners. The number of sanctioned posts has remained static since an additional 127 permanent posts were sanctioned by the Department of Finance in July 2006. However, the actual number of staff varies considerably depending on the time of year with up to 85 temporary staff engaged during the period March-August 2011 compared with a figure of 52 for 2010. The total number of days annual leave taken up to the end of August 2011 was 5,504 which contrasts with 5,669 for the same period in 2010.

Passport Service — Annual Leave by Month

Month No. of days annual leave

Jan-10 338 Feb-10 222 Mar-10 333.5 Apr-10 492.5 May-10 761.5 Jun-10 990.5 Jul-10 1,250 Aug-10 1,281 Sep-10 890.5 Oct-10 564.5 Nov-10 396 Dec-10 504.5 Jan-11 220.5 Feb-11 209.5 Mar-11 319.5 Apr-11 624.5 May-11 714 Jun-11 932 Jul-11 1,185

106 Questions— 14 September 2011. Written Answers

Month No. of days annual leave

Aug-11 1,299

Question No. 31 answered with Question No. 25.

Departmental Expenditure 32. Deputy Shane Ross asked the Tánaiste and Minister for Foreign Affairs and Trade the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card [23314/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): My Depart- ment, which is responsible for Vote 28 (Foreign Affairs) and Vote 29 (International Cooperation), operates a restrictive policy for the use of corporate credit cards for official expenditure. The use of official credit cards may be permitted for officials who, because of the nature of their work, need to make official payments by this method. Credit cards are typically used to make occasional flight and hotel bookings, for making on-line purchases where it represents better value and for making payments at short notice, where cash may not be acceptable or where invoicing arrangements cannot be put in place. Their use is subject to the same authorisation and control procedures as other forms of payment and decisions to issue a card are made in response to identified business needs. There are currently 4 official credit cards in use by my Department in Ireland, two assigned to Vote 28 and two to Vote 29. There are 16 official credit cards in use by Missions abroad. Where credit limits apply, this is set at €5,000. The details of total spending on departmental credit cards from 2007 to 2010 and to date in 2011, and the amount that related to representational expenditure, can be found in the table below.

Vote 28

2007 2008 2009 2010 2011

€€€€€ Total Spending per 20,182 18,831 15,335 5,929 1,831 Departmental Credit Cards Representation charged to 7,870 2,877 905 737 Nil credit cards

Vote 29

2007 2008 2009 2010 2011

€€€€€ Total Spending per 2,959 6,713 6,941 6,273 525 Departmental Credit Cards Representation charged to 1,839 2,305 712 882 Nil credit cards

107 Questions— 14 September 2011. Written Answers

Passport Applications 33. Deputy Charles Flanagan asked the Tánaiste and Minister for Foreign Affairs and Trade if, in relation to an application for an Irish passport, (details supplied), having regard to the fact that this applicant, being an Irish citizen, is unable to submit details of their birth certificate to support their passport application, the affidavit submitted in support of the information submitted with the application will facilitate the progression of matters, notwithstanding the fact that the submission of such affidavit is not intended to replace or substitute the submission of primary items of evidence, such as would be the case in respect of a birth certificate; if having regard to appropriate and exhaustive searches having been made to locate a Birth Certificate, he will accept the affidavit; and if he will make a statement on the matter. [23327/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The Pass- ports Act, 2008 requires that before issuing a passport to a person, the Minister for Foreign Affairs and Trade shall be satisfied as to the identity of each applicant and that the person is an Irish citizen. Documentary proof in respect of identity and entitlement to citizenship are required for all passport applications. These requirements are outlined in the passport application form notes that accompany each application form. Details are also available on the Department’s website. Birth certificates are among the standard documents that are required for all applications that involve children and persons, aged 18 and over the age, who are first- time applicants. These certificates are critical to the passport process in the following ways:

(i) Each certificate confirms and verifies the applicant’s personal details such as his/her date and place of birth which appear on that person’s passport.

(ii) They help to demonstrate the person’s entitlement to Irish citizenship which is a prerequisite for passport issue; and

(iii) Details of parents are stated on these certificates. This is important to the Passport Service in ensuring that the full parental consent to the issue of a passport to a minor is provided.

The Department is aware that some Irish citizens may have difficulty in locating a record of their birth and thus providing civil birth certificates. The Department will consider this on a case by case basis where it arises in a passport application. However, such consideration must be mindful of the Department’s clear statutory obligation under the Passports Act, 2008 to satisfy itself as to the identity of each passport applicant. The case of the person in question is currently the subject of legal proceedings and as such it would not be appropriate to make any comment on the matter.

Ministerial Staff 34. Deputy John O’Mahony asked the Tánaiste and Minister for Foreign Affairs and Trade the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23344/11]

35. Deputy John O’Mahony asked the Tánaiste and Minister for Foreign Affairs and Trade the number of special advisors and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23359/11]

108 Questions— 14 September 2011. Written Answers

36. Deputy John O’Mahony asked the Tánaiste and Minister for Foreign Affairs and Trade the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23374/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 34 to 36, inclusive, together. The staffing arrangements for my private and constituency offices and those of Minister of State O’Sullivan and Minister of State Creighton in the Department of Foreign Affairs and Trade are set out in the following table. These arrangements are in line with the Government’s decision on 15 March 2011 to reduce maximum permitted constituency office staffing levels for Ministers of the Government and Ministers of State.

Tánaiste and Minister for Foreign Affairs and Trade

Office of the Tánaiste Constituency Office

2 Special Advisers 1 Personal Assistant 1 Personal Assistant 1 Personal Secretary 1 Clerical Officer Private Office — Foreign Affairs and Trade 1 Special Adviser 1 Private Secretary (Third Secretary) 1 Higher Executive Officer 1 Executive Officer 3 Clerical Officers

Minister of State for Trade and Development

Private Office Constituency Office

1 Private Secretary (Third Secretary) 1 Personal Assistant 1 Executive Officer 1 Personal Secretary 2 Clerical Officers 1 Clerical Officer 2 Civilian Drivers

Minister of State for European Affairs

Private Office * Constituency Office

1 Executive Officer — part time 1 Personal Secretary 1 Personal Assistant 2 Clerical Officers 1 Clerical Officer 2 Civilian Drivers

The basic salary costs of each office for 2009, 2010 and to date in 2011 are outlined in the following table:

2009 2010 2011 to date

Office of the Minister for Foreign Affairs * €725,452 €585,179 €301,983

109 Questions— 14 September 2011. Written Answers

[Deputy Eamon Gilmore.] 2009 2010 2011 to date

Office of the Minister of State for €688,473 €525,056 €277,063 European Affairs Office of the Minister of State for €541,901 €253,492 €174,562 Development ** * From 10 March 2011 — Office of the Tánaiste and Minister for Foreign Affairs and Trade ** From 10 March 2011 — Office of the Minister of State for Development and Trade

Departmental Expenditure 37. Deputy Simon Harris asked the Tánaiste and Minister for Foreign Affairs and Trade the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23446/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The budget available to my Department for IT expenditure was €10,852,599 in 2010 and is €8,740,180 in 2011. IT equipment is purchased in line with national and EU procurement guidelines and regulations. My Department has a number of approaches to ensuring value for money and cost reductions: • The Department draws on the various framework agreements established by the Depart- ment of Finance for the supply of IT-related goods and services. • Where such frameworks are not available, the Department conducts regular procurements for appropriate goods and services to secure best value. • Procurement documents are drafted on the basis of purchasing goods and services at levels appropriate to meet the identified requirements of offices of my Department. • Procurement of goods is centralised across all offices, where appropriate, to achieve economies of scale where possible. There are no State agencies under the aegis of my Department.

Expenditure Reviews 38. Deputy Sean Fleming asked the Tánaiste and Minister for Foreign Affairs and Trade if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review [23473/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): My Depart- ment’s submission to the Comprehensive Review of Expenditure forms part of the overall pre- budget deliberations of the Government. As such, its release cannot be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure & Reform has already indicated that it is his intention to publish the reports submitted as part of the CRE process following the finalisation of the budgetary process.

Diplomatic Representation 39. Deputy Seán Ó Fearghaíl asked the Tánaiste and Minister for Foreign Affairs and Trade 110 Questions— 14 September 2011. Written Answers when he will appoint a new ambassador to Australia; and if he will make a statement on the matter. [23764/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Irish Ambassadors are appointed by the President based on nominations by the Government. I will be submitting proposals to the Government in the very near future about filling existing Ambassadorial vacancies and others that will arise over the next few months.

Human Rights Issues 40. Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade the steps he will take in response to reports of documents indicating that the CIA used privately owned aircraft to transport suspects or prisoners around the world and that at least ten of these flights passed through Shannon Airport; and if he will make a statement on the matter. [23935/11]

41. Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide an update on response to calls by the Irish Human Rights Commission to ensure that necessary steps beyond mere diplomatic assurances are taken to ensure that Shannon Airport is not used by aircraft for the purpose of rendition; and if he will make a statement on the matter. [23936/11]

42. Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade the steps that he has planned or has taken in respect of Council of Europe recommendations arising out of its reports on the use of airports in member states including Ireland for rendition flights; and if he will make a statement on the matter. [23937/11]

43. Deputy Joanna Tuffy asked the Tánaiste and Minister for Foreign Affairs and Trade the steps being taken in order to carry out the commitment in the programme for Government to enforce the prohibition on the use of Irish airspace and related facilities for purposes not in line with the dictates of international law. [23938/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): I propose to take Questions Nos. 40 to 43, inclusive, together. The Programme for Government states that the Government “will enforce the prohibition on the use of Irish airspace, airports and related facilities for purposes not in line with the dictates of international law”. I have already made clear, speaking in the Dáil on 22 March, 2011, that “Shannon will not be used as a means of rendition, facilitating torture, or any other activity which violates human rights”. None of the various investigations into allegations of extraordinary rendition, including those carried out by the Council of Europe, have revealed any evidence that rendition through Irish airports has occurred, nor is there any new information or allegation linking Irish airports to acts of extraordinary rendition. Specific and unique assurances have been sought, and have been received, from the US authorities that no such prisoners had been transferred through Irish territory, nor would they be without our express permission. The Government has no reason to call into question the value of the assurances received at a high level from the US authorities in this matter.

Tax Collection 44. Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade

111 Questions— 14 September 2011. Written Answers

[ Deputy Finian McGrath.] if he will support a matter (details supplied) concerning a tax refund issue in Portugal from a person (details supplied); the agency that should be contacted; and the options available to resolve this issue. [24129/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): The matter raised by the Deputy appears to concern a tax refund issue related to a property transaction in Portugal. The Deputy will be aware that the role of the Department of Foreign Affairs and Trade concerning private property transactions by Irish nationals abroad is limited and that redress in such cases, including on taxation issues, should be sought through the relevant legal system. The Embassy of Ireland in Lisbon can provide a list of English-speaking lawyers to the individuals concerned. However, I understand that they have already sought independent legal advice. The Embassy is happy to discuss any further concerns that the individuals may have.

Professional Fees 45. Deputy Pearse Doherty asked the Tánaiste and Minister for Foreign Affairs and Trade the potential savings to the Exchequer by reducing professional fees paid by the State by 25%. [24283/11]

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): External professional services are procured by the Department only where specialised knowledge and/or skills are not available within the Department and, particularly in the case of Irish Aid (Ireland’s official development assistance programme), where an independent evaluation of programmes and projects is required. Given the overall scale of the Irish Aid Programme, this level of monitoring, review and evaluation is both prudent and proportionate. My Department does not use the services of professionals who operate on the basis of agreed fee scales or fees which are set by statute or regulation. These services are procured on foot of competitive tendering which is designed to achieve the best value for money from the market. Services procured in this manner do not allow for post-hoc unilateral reduction of fees by my Department, as this could expose the State to the risk of litigation for breach of contract. On the basis of 2010 expenditure, a further reduction in fees of 25%, if achieved through future tendering, would equate to savings of €350,000.

Tax Code 46. Deputy Pearse Doherty asked the Minister for Finance his views on the impact to business in the Border regions arising from the programme for Government commitment to increase the top rate of VAT to 23%; and if he will make a statement on the matter. [22820/11]

Minister for Finance (Deputy Michael Noonan): The EU/IMF Programme provides for a 1% increase in the standard VAT rate to 22% with effect from January 2013, and a further 1% increase in the standard VAT rate to 23% with effect from January 2014. The Programme for Government continues this VAT policy by limiting the top rate of VAT to 23%, but does not specify the timeframe for this increase. The level and timeframe of any increases in the standard VAT rate will be determined in the context of the annual Budget cycle. In recent years, the trend among EU Member States has been to increase VAT rates as a means of covering the budgetary shortfall generated by the economic downturn. Sixteen of the 27 EU Member States have increased their VAT rates over the last 3 years, so that the EU average standard VAT rate now stands at 20.7%. Nine Member States have a higher standard VAT rate than Ireland

112 Questions— 14 September 2011. Written Answers with 20 of the 27 EU Member States having a standard VAT rate of 20% or higher. VAT increases continue to be considered, as the recent announcement by the Italian parliament suggests. In this context, any increase in Ireland’s standard VAT rate is not out of place. A number of studies into cross-border shopping have been undertaken in the last few years to determine the level of cross-border shopping and how much this affects Exchequer revenue. The Report on the Implications of Cross Border Shopping, which was undertaken on behalf of the Minister for Finance by the Revenue Commissioners and the Central Statistics Office, was published in March 2009. This was followed on 4 December 2009 by the results of a survey of cross-border shopping as part of the CSO Quarterly National Household Survey (QNHS) Quarter 2, 2009. Finally, on 12 November 2010, the QNHS cross-border shopping survey for Quarter 2, 2010 was released. The statistics in the QHNS Reports were broadly in line with the results of the March 2009 Report on the Implications of Cross Border Shopping, which noted that the main causes of price differentials between goods in Northern Ireland and the Republic were operating costs, profit margin (mark-up), taxes and a significant depreciation of Sterling against the Euro. While variations in the VAT rates widened some price differentials, their impact remained small compared to the size of the change in the exchange rate. The differential between the standard VAT rates in both jurisdictions reduced from 6.5 percentage points in 2009 to just 1 percentage point since the start of this year. Any increase in this differential due to VAT increases in Ireland is however likely to be offset by the relative strengthening of Sterling against the Euro since 2009, providing less incentive for people to shop outside the State.

Liquor Licences 47. Deputy Emmet Stagg asked the Minister for Finance if new alcoholic drink licences have been issued to the National Asset Management Agency controlled hotels and public houses; if so, the number of such licences issued; and if they were in a position to present tax clearance certificates as required with their renewal applications; and if he will make a statement on the matter. [22900/11]

48. Deputy Emmet Stagg asked the Minister for Finance if he is satisfied himself that the inspectorate responsible for inspecting and enforcing the licensing of public houses has the necessary resources to carry out that function; and if his attention has been drawn to the fact that 900 such licences have not been renewed this year; and if he will make a statement on the matter. [22901/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 47 and 48 together. The Revenue Commissioners are responsible for the issue or renewal of public house licences. A licence may only be issued when the appropriate certificate has been issued by a District Court. The licensing year runs from the 1st October to the 30th September. The most recent period for which statistics are available is 2009/2010 when 914 licences were not renewed. (By way of comparison, the equivalent figure for 2008/2009 was 893). The most common reasons for non-renewal include difficulties in obtaining tax clearance, cessation of trading, court procedures pending and change of entity (sale of licence to new premises and/or entity).

113 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.]

If a public house licence is not renewed, a range of targeted compliance interventions are initiated by Revenue, up to and including prosecution, to ensure that renewal of the licence takes place at the earliest opportunity. The Revenue Commissioners are satisfied that they have the necessary resources to effectively carry out their role in relation to non-renewal of public house licences. An Garda Síochána also have a key role in ensuring compliance by publicans with the licensing laws. The Minister for Justice and Equality is satisfied that sufficient resources are available to the Commissioner of An Garda Síochána to enforce the legislation in question. The Com- missioner is responsible for operational policing matters, including the allocation of Garda resources. The current strength of the Force is 14,162 and all attested members of the Force have enforcement powers in relation to the licensing laws. As regards to NAMA, the Revenue Commissioners do not distinguish between licensed premises that have been specifically brought under the control of NAMA and licensed premises that are under the control of any other persons for the purposes of deciding eligibility for the issue of a licence. Accordingly, where any NAMA-controlled entity applies for a licence, the same conditions apply as regards a valid tax clearance certificate as would be the case in any other instance where a licence is sought. The Revenue Commissioners do not hold specific information that would identify the number of NAMA-controlled entities, to whom they have issued licences.

Tax Code 49. Deputy Nicky McFadden asked the Minister for Finance his views on the possibility of lowering the VAT rate for the craft industry in order to allow the industry to grow business and generate employment; and if he will make a statement on the matter. [23529/11]

Minister for Finance (Deputy Michael Noonan): 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 only apply the reduced VAT rate to those goods and services which are listed under Annex III of the VAT Directive. I understand that the major sectors within the Irish craft industry are pottery, glass, jewellery, textiles and furniture. Annex III does not provide for a reduced rate of VAT to be applied to these goods, which are conse- quentially subject to the standard VAT rate of 21%.

Tax Collection 50. Deputy Maureen O’Sullivan asked the Minister for Finance the amount of corporate tax that was paid by the company (details supplied) in County Waterford. [24244/11]

Minister for Finance (Deputy Michael Noonan): The tax affairs of a particular company are a matter for the Revenue Commissioners and the company concerned. I am informed by the Revenue Commissioners that their obligation to observe confidentiality in relation to the tax affairs of individual taxpayers or companies precludes them from providing the information requested by the Deputy.

Departmental Expenditure 51. Deputy Shane Ross asked the Minister for Finance the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff

114 Questions— 14 September 2011. Written Answers members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22724/11]

Minister for Finance (Deputy Michael Noonan): A total of €10,710 has been spent on taxi fares by my Department since the start of 2011. Taxis should only be used for official business purposes only. While it is not Departmental policy to pay taxi fares for outsiders, occasionally a journey, which begins from this Department, will include outsiders along with a Departmental official. This would be done as a means of reducing overall expenditure for the public service.

Credit Unions 52. Deputy Maureen O’Sullivan asked the Minister for Finance the reason the Financial Regulator, with responsibility for credit unions, is making decisions on credit union reform before the commission has completed its review. [22806/11]

Minister for Finance (Deputy Michael Noonan): The Programme for Government sets out the Government’s position with regard to the credit union sector. The Government recognises the importance of credit unions as a volunteer cooperative movement and the distinction between them and other financial institutions. The Government has established the Com- mission on Credit Unions to review the future of the movement and make recommendations in relation to the most effective regulatory structure for it. This will take into account its not- for-profit mandate, its volunteer ethos and community focus, while paying due regard to the need to fully protect depositors’ savings and financial stability. The Commission has met on eight occasions since the end of June and will be providing me, as Minister for Finance, with its interim report by the end of September. While the work of the Commission on Credit Unions is ongoing, and its interim and final reports will inform Government policy, it should not prevent or delay regulatory action where it is needed in the meantime. Under the Credit Union Act 1997, the Registrar of Credit Unions, as part of the Central Bank, has an independent role in the regulation of credit unions. From time to time, the Registrar is required to act to support the prudential soundness of individual credit unions, to maintain sector stability and to protect the savings of credit union members. Such actions are within the Registrar’s independent statutory mandate and are a necessary part of an effective regulatory regime.

Legislative Programme 53. Deputy Joe Carey asked the Minister for Finance his plans for the issuing of a commencement order in relation to section 13 of the Finance Act 2011 incorporating section 477A into the Taxes Consolidation Act 1997; and if he will make a statement on the matter. [22816/11]

Minister for Finance (Deputy Michael Noonan): Section 13 of Finance Act 2011 provided for income tax relief at the standard rate for expenditure incurred by individuals on a range of works carried out to improve the energy efficiency of residential premises situated in the State. The underpinning legislation for the scheme was subject to Commencement Order. However, that legislation, on review, was found to have flaws and would have required amendment before it could be implemented. As part of the announcement in the recent Jobs Initiative, the Government undertook to provide further funding for the grants available under the Better Energy Homes scheme operated by the Sustainable Energy Authority of Ireland (SEAI). Because of these circumstances, I decided to review the requirement for a co-existing tax incentive for similar works

115 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.] and, following this review, I have decided not to proceed with the introduction of the tax relief scheme.

National Asset Management Agency 54. Deputy Peter Mathews asked the Minister for Finance the contact details of the person in the National Asset Management Agency who is responsible for the hotel sector; and if he will make a statement on the matter. [22843/11]

Minister for Finance (Deputy Michael Noonan): I am informed by NAMA that the person concerned is Mr. John Mulcahy, Head of Portfolio Management, NAMA.

Insurance Industry 55. Deputy Patrick O’Donovan asked the Minister for Finance if he will examine the situation that life assurance companies are increasing the level of premiums payable by policy holders while also reducing the value of the policy and the amount due to be paid out to the beneficiary of the policy; if companies are entitled to do this without the expressed consent of the policy holder; and if he will make a statement on the matter. [22856/11]

Minister for Finance (Deputy Michael Noonan): Consumer issues relating to insurance matters are covered by the Central Bank’s Consumer Protection Code. The Central Bank has informed me that there are life assurance products for which the benefits and premiums can vary over the life of the product. These are called ‘Unit Linked Whole of Life Policies’. Each life protection policy is intended to pay out a sum of money to the beneficiary in the event of death of the insured person. Premiums are not guaranteed to remain constant throughout the life cover protection period. Premiums that are paid are used to purchase units in a unit-linked fund, which in turn pays for the life cover protection. The performance of the fund is linked to fluctuations in the stock markets and, therefore, if the fund increases, the value of units held by the consumer increases. Conversely, if the fund underperforms, then the consumer’s share of units in the fund decreases. As the consumer gets older the cost of the life cover protection will become more expensive and therefore more units will have to be used if the same level of life cover is to be maintained. To avoid the possibility of policy funds not having sufficient value to pay for the life cover, life companies are supposed to carry out periodic reviews of a policyholder’s fund to ensure that sufficient units are maintained in the fund to pay for continued life cover protection. This is governed by the terms of the policy rather than by any statutory obligation. Generally, a periodic review will take place 10 years after the policy’s inception and usually at intervals of 5 year thereafter. At the periodic reviews, life companies usually offer the policyholder a choice of: • paying a greater premium in order to maintain the same level of life cover, or • reducing the life cover protection in order to maintain the static level of premium. The Central Bank expects that entities, regulated by it, ensure that the key issues, specific to ‘Unit Linked Whole of Life Policies’ such as the periodic review feature and the non-guaranteed nature of the premiums are highlighted by their sales staff at the point of sale.

Tax Code 56. Deputy Terence Flanagan asked the Minister for Finance the position regarding mortgage interest relief in respect of a person (details supplied). [22880/11]

116 Questions— 14 September 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, there is a commitment in the Programme for Government to help homeowners in distress. The Government is examining a number of proposals in relation to this commitment. One of these proposals relates to increasing mortgage interest relief to 30% for First Time Buyers who bought between 2004 and 2008 and to finance this in part by abolishing mortgage interest relief for new buyers. When these proposals have been examined and the findings presented to me, I will make any necessary decisions in the context of Budget 2012.

Mortgage Products 57. Deputy Terence Flanagan asked the Minister for Finance if he will reply to a matter (details supplied) regarding negative equity mortgages; and if he will make a statement on the matter. [22882/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank has advised me that they wrote to all mortgage lenders to ascertain whether they were offering, or intended to offer, a mortgage product that would allow home owners to sell their existing home and transfer the negative equity portion of the original loan to the new loan. The Central Bank was concerned as to whether such a product was in the long term interest of consumers as it could lead to indebtedness at a time when there was no certainty over the direction of future property values. In addition, consumers would be moving to a new product and, consequently, those on tracker mortgages would move to fixed or standard variable rates which were generally higher than existing tracker rates. The higher rates would impact on the continued affordability of such mortgages and there would also be an increase in the loan to value ratios of many mortgages. In response to the Central Bank’s letter, only a small number of mortgage lenders said that they would consider offering such a facility, but it would be on an exceptional basis, would only be considered following an approach from an existing customer and would be subject to strict criteria in relation to debt service ratio, net disposable income, loan to value ratios, income multiples, credit history, transparency and suitability. A trial period commenced in mid-2011 and is due to be assessed by the Central Bank and the institutions involved before the end of the year. Any institution offering such a facility may only do so in accordance with criteria agreed in advance with the Central Bank and subject to a trial period. Consequently any arrangement that might be agreed with a customer would have to be in the context of the parameters set out above and not as a result of the introduction of a negative equity type product.

Proposed Legislation 58. Deputy Michael Healy-Rae asked the Minister for Finance if his attention has been drawn to the fact that the betting sector has changed radically since the time that the Betting Act 1931 was written; his views on allowing shops to remain open until 10 pm during the winter months, as they already do during the summer, which would be a modest reform that would help to boost employment within the sector and add to the Exchequer returns for betting activity; his further views on a simple amendment to the legislation governing betting to allow for betting shops to open when racing in Ireland, either horse or greyhound, is taking place which is all that is required to unlock this additional employment and revenue generating potential in this sector; and if he will make a statement on the matter. [22893/11]

63. Deputy Michael McGrath asked the Minister for Finance his plans to amend the law which governs the opening of bookmakers at certain times of the year. [22938/11]

117 Questions— 14 September 2011. Written Answers

113. Deputy Eoghan Murphy asked the Minister for Finance his plans to review the current legislation governing the opening hours of bookmakers. [23716/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 58, 63 and 113 together. The proposed Betting (Amendment) Bill, which is being drafted at present, will amend the 1931 Betting Act to inter alia establish the regulatory framework for the licensing of remote bookmakers and betting exchanges, including measures to enforce the regulatory framework. The extension of the opening hours of retail betting shops over the winter period is being considered in that context. The drafting of the Bill, which is fairly complex, is well advanced. The Bill is likely to be published in the autumn.

Tax Code 59. Deputy Terence Flanagan asked the Minister for Finance if tax loopholes used by senior executives will be closed off as in the case of a person (details supplied); and if he will make a statement on the matter. [22909/11]

Minister for Finance (Deputy Michael Noonan): The Deputy will appreciate that the Revenue Commissioners cannot comment on any particular individual’s tax affairs. However, I understand that the details supplied in connection with the Deputy’s question, which appears to be based on a newspaper report of 25 February 2011, may not have taken account of a subsequent report concerning the same matter that was published on the following day by that same newspaper. The High Wealth Individuals and Professionals Business Unit of the Revenue Commissioners initiated enquiries into approximately 300 directors and executive/management level employees in the six main financial institutions. Enquiries have been closed in approximately 291 of these cases and are ongoing in the balance. To date, €1.3 million in tax has been collected as a result of these enquiries. The Deputy can be assured that where the Revenue Commissioners identify any artificial tax avoidance arrangements that may not be open to challenge within existing law, they will recommend appropriate legislative amendments to my Department and I will have no hesitation in closing off such loopholes to protect the Exchequer.

State Banking Sector 60. Deputy Peter Mathews asked the Minister for Finance his views on a matter (details supplied) regarding money owed to Anglo Irish Bank; and if he will make a statement on the matter. [22916/11]

Minister for Finance (Deputy Michael Noonan): Anglo Irish Bank has filed proofs of claim in the US on 14 February 2011, which are a matter of public record, showing a debt owed to the bank by the person, to which the Parliamentary Question refers, of €8,454,779.27. As the Deputy is aware the individual filed for US bankruptcy on 14 October 2010 and since that time the bank has been engaged and participating in the US bankruptcy process as creditor. The jurisdiction of the US Bankruptcy Court in respect of the individual’s bankruptcy estate has been recognized by the Irish Bankruptcy Court. The appointed US Bankruptcy Trustee’s mandate is to realise the maximum assets of the estate and distribute to creditors, as appropriate.

118 Questions— 14 September 2011. Written Answers

The US Bankruptcy Trustee has lodged an objection to the discharge of the individual from bankruptcy seeking to bar him entirely. The bank has also lodged such an application and in addition an application to bar his discharge in respect of the bank’s claims against the estate. The bank is advised that in the ordinary course there would be a trial in respect of the objections lodged subject to any directions by the US bankruptcy judge. Under the US bankruptcy code, where an objection to discharge is successful the debtor is denied the protection of the US bankruptcy court. The bank’s stated objective is to obtain maximum recovery in the interests of the taxpayer.

Tax Code 61. Deputy Alan Farrell asked the Minister for Finance the amount of money generated by the universal social charge on a year by year basis; and if he will make a statement on the matter. [22932/11]

80. Deputy Pearse Doherty asked the Minister for Finance the cost to the Exchequer of abolishing the universal social charge. [23253/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 61 and 80 together. The Universal Social Charge (USC) is a tax which replaces the income and health levies. It is intended to broaden the tax base in an equitable manner and applies to approximately 500,000 more income earners than the income and health levies. USC receipts are collected as part of income tax. The Budget 2011 projections for receipts are set out as follows.

2011 2012 2013 2014

Universal Social Charge(€ billions) €3.3 €4.1 €4.3 €4.5

In addition to the projected USC receipts detailed above, the Exchequer benefits in 2011 from arrears collected in respect of the income and health levy. As with all new income tax measures, the first year yield is expected to be significantly below the full-year yield for a number of reasons including the fact that a portion of the tax collected in the year in which a measure is introduced relates to earnings in the previous year. On the basis of the forecasts set out in the Budget the cost to the Exchequer of abolishing the universal social charge would be of the order of 4 billion in terms of the 2012 projection. In relation to USC receipts, approximately €1.7 billion was collected in the first eight months of 2011 and this broadly is in-line with expectations.

62. Deputy Alan Farrell asked the Minister for Finance the context for the forthcoming review of the universal social charge; and if he will make a statement on the matter. [22933/11]

108. Deputy Charles Flanagan asked the Minister for Finance his plans to reduce the universal social charge; and if he will make a statement on the matter. [23574/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 62 and 108 together. As I outlined in my reply of 30 June 2011, a review of the Universal Social Charge is a commitment in the Programme for Government. This review has commenced. 119 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.]

The Terms of Reference of the review are broad and wide-ranging and include, but are not limited to, the following areas: • Low paid income earners; • Persons over 65; • Medical Card Holders; • Widows/Widowers; • Self-employed; • Public Service Pensioners; • Employer contributions to PRSAs; and • Any other issues (including any operational issues that have arisen in the administration of the charge). When the review is completed and the findings are presented to me, I will make any necessary decisions in the context of Budget 2012.

Question No. 63 answered with Question No. 58.

Pension Provisions 64. Deputy Clare Daly asked the Minister for Finance the steps he will take to assist those whose pension funds have been frozen by Custom House Capital, in view of the fact that this was a Government approved financial organisation; the reason that steps were not taken to ensure that funds were adequately protected. [22949/11]

65. Deputy Clare Daly asked the Minister for Finance if, in view of the freezing of pension funds in the Government approved Custom House Capital, he will consider the establishment of a State fund in order to allow persons to invest safely for their retirement. [22950/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 64 and 65 together. Pensions policy falls within the remit of my colleague, the Minister for Social Protection. I have no role in relation to the regulation of pensions in Ireland, a role which is fulfilled by the Irish Pensions Board. Any proposals for a compensation fund for pensions would be a matter for that Minister and the Pensions Board. However, in the context of the questions tabled by the Deputy, I would like to draw the Deputy’s attention to a number of issues. This investment firm was originally granted its authorisation to operate by the Financial Regulator in 1998. As part of its supervisory function, the Central Bank has, since 2009, intensified its monitoring of the firm. Recently the Bank became increasingly concerned about the firm. The Bank successfully applied to the High Court for the appointment of inspectors to the firm and Custom House Capital consented to the appointment of the inspectors. The application arose from the Bank’s continuing concerns about the firm’s management of its client holdings as well as the financial position of the firm. A final report is expected to come before the High Court on 21st October 2011. The specific inspection activity currently underway is mandated by Regulation 166 of the European Communities (Markets in Financial Instruments) Regulations 2007.

120 Questions— 14 September 2011. Written Answers

The steps taken by the Central Bank to closely monitor activities of the firm demonstrate the active and urgent efforts being made to ensure the orderly oversight of the firm and the protection of investors. I understand the process of inspection necessitates temporary and urgent restrictions on the firm’s activities while the Central Bank attempts to investigate the issues with the firm. Regret- tably, this has resulted in the temporary freezing of funds. However, the restrictions are deemed necessary by the Central Bank, acting independently to ensure the protection of all clients’ holdings in this firm.

Tax Reliefs 66. Deputy Terence Flanagan asked the Minister for Finance if he will respond to a matter (details supplied) regarding Budget 2012; and if he will make a statement on the matter. [22976/11]

Minister for Finance (Deputy Michael Noonan): The gradual reduction from marginal to standard rate tax relief on pension contributions commencing in 2012 forms part of the fiscal consolidation measures in the agreement with the EU, IMF and the ECB over the period 2011 to 2014. When introducing the temporary pension scheme levy to pay for the Jobs Initiative on 10 May last, I gave a commitment to examine the issue of reducing the tax relief on pension contributions to the standard rate. The Government is carrying out a Comprehensive Review of Expenditure in order to provide it with a set of decision options to meet the overall fiscal consolidation objectives and re-align spending with the Programme for Government priorities. The Review is due to be completed by the end of this month. The Government will then examine the findings and, in consultation with the EU, IMF and ECB, will introduce fiscally neutral changes to the detail of the EU /IMF Programme of Financial Support for Ireland while maintaining the overall commitment to fiscal consolidation. I will examine the scope for any change to the proposed standard rating of tax relief on pension contributions in that context.

State Banking Sector 67. Deputy Terence Flanagan asked the Minister for Finance his views on a matter (details supplied) regarding Anglo Irish Bank; and if he will make a statement on the matter. [23004/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware the Quinn Group and Quinn family are substantially indebted to Anglo Irish Bank Corporation Limited (‘the bank’) and by direct extension to the Irish taxpayer. The bank is obliged to take whatever steps are necessary to protect the bank’s Quinn-related assets/investments from a diminution of value and the bank’s involvement in a joint venture to acquire the Quinn Insurance Company or in the appointment of a share receiver to the wider Quinn Group must be considered in this context. The position is that the Quinn Insurance company was placed in administration on 29 March 2010 after concerns were raised by the Central Bank of Ireland about the firm’s ability to meet its liabilities to its policyholders. Further, and quite separately, the bank has been instrumental in the appointment of a share receiver to the wider Quinn Group but has no direct involvement in the day to day running of the various companies in the Group. In relation to the Quinn Insurance company, the bank is involved in a joint venture with Liberty Mutual to acquire the company. This involvement does not require the Bank to provide

121 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.] cash towards the purchase price, instead it involves the bank procuring the release of legal guarantees held by the relevant banks and bondholders in return for a carried interest in the company. This partial ownership approach is considered to be the best way to maximise the repayment of debt owed to the taxpayer. The appointment of a share receiver to the wider Quinn Group does not involve the acquisition of those companies by the bank or indeed any additional funding of these operations. The process of appointing a share receiver pursuant to relevant security documents entered into by Quinn related entities and persons with the bank is simply to protect the bank’s interests. The bank is actively involved in a myriad of litigation with the Quinn family in five jurisdictions in order to stop attempts to dissipate valuable property assets pending resolution of the primary proceedings in Dublin early next year.

Tax Code 68. Deputy Terence Flanagan asked the Minister for Finance if he will respond to a proposal (details supplied) regarding 75% interest restriction for residential investors; and if he will make a statement on the matter. [23015/11]

Minister for Finance (Deputy Michael Noonan): As noted in the proposals, which the Deputy has submitted, the level of tax relief investors can claim on the interest for mortgages and loans on residential rental properties was reduced to 75% of the interest accrued from 7th April 2009 under Section 5 of the Finance Act 2009. The proposals submitted, will be examined in tandem with the normal process of reviewing and considering taxation measures and reliefs, in the context of the budgetary process. The proposals also note concerns relating to the possible withdrawal of the “legacy” property-related tax relief schemes, which are the subject of an impact assessment. The results of this impact assessment will be addressed in the context of the forthcoming Budget.

Financial Institutions Remuneration 69. Deputy Terence Flanagan asked the Minister for Finance his views on a matter regarding the repayment of a bonus (details supplied); and if he will make a statement on the matter. [23098/11]

Minister for Finance (Deputy Michael Noonan): The outgoing Board of Irish Nationwide Building Society made many efforts to recoup the bonus paid in 2008 to the individual to whom the Parliamentary Question refers. Now that INBS has merged with Anglo Irish Bank, I regard the commitment of the former CEO to return the bonus to the Society as one that remains outstanding to the new merged entity. Therefore, I have asked the Board of the new merged entity to continue to strongly press this matter and I fully encourage and support their efforts to recoup the payment in accordance with the commitment made by the former chief executive of INBS.

Banking Sector Regulation 70. Deputy Terence Flanagan asked the Minister for Finance his views on a matter (details supplied) regarding the public inquiry into the failure the Irish Banking system; and if he will make a statement on the matter. [23099/11]

73. Deputy Terence Flanagan asked the Minister for Finance his views on holding a public inquiry into the failure of the Irish banking system (details supplied); and if he will make a statement on the matter. [23171/11]

122 Questions— 14 September 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 70 and 73 together. The Deputy will recall that the previous Government in January 2010 set out a framework to the Oireachtas for investigation into the banking sector. This investigation consisted of two distinct stages. The preliminary reports published in June 2010 by the Governor of the Central Bank, Professor Patrick Honohan, on The Irish Banking Crisis — Regulatory and Financial Stability Policy 2003-2008 and the report by Messrs. Regling and Watson, Preliminary report on the sources of Ireland’s banking crisis, formed the first stage of this investigation. The second stage consisted of a statutory Commission of Investigation. The establishment of a Commission of Investigation into the Banking Sector in Ireland was approved by Dáil Éireann and Seanad Éireann on 8 July 2010 and an Order formally establishing the Commission was made by the previous Government on 21 September 2010. Mr Peter Nyberg was appointed as sole member of the Commission of Investigation on 22 September 2010. The Commission’s terms of reference which were for the period 2003 to 5 January 2009 were in summary to examine:

a) the main causes of the serious failure, within each of the covered institutions;

b) the main reasons why Anglo Irish Bank Corporation and Irish Nationwide Building Society adopted and implemented business models, strategies and lending practices, which resulted in those institutions experiencing severe financial distress;

c) whether external auditors of the covered institutions commented in their audit reports or other communications to the institutions concerned on the failures I referred to;

d) the main causes for the failures, in the performance of the statutory roles and responsibilities of the Central Bank and Financial Services Authority of Ireland and the relevance in that regard of any advices or directions given by the Department of Finance.

The Commission submitted its report Misjudging Risk: Causes of the Systemic Banking Crisis in Ireland, Report of the Commission of Investigation into the Banking Sector in Ireland to me on 22 March 2011, in keeping with its remit to complete its Report within 6 months. As I said in my statement to Dáil Éireann on 20 April 2011, following the publication of the Commission’s report, the report has identified the main causes of the banking crisis. Together with the two preliminary reports they set out all the interlinked elements that, each in their own way, contributed to the financial crisis that we found ourselves in since 2007. I also set out a number of steps the government is taking to implement the report’s recommendations.

Tax Code 71. Deputy Terence Flanagan asked the Minister for Finance if he will deal with a matter (details supplied) regarding middle earning families; and if he will make a statement on the matter. [23109/11]

93. Deputy Terence Flanagan asked the Minister for Finance if he will deal a matter (details supplied) regarding support for middle income families; and if he will make a statement on the matter. [23385/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 71 and 93 together.

123 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.]

The Government acknowledges the continuing cost pressures on parents, particularly those with young children. Childcare is one of the biggest issues facing working parents today. For this reason a number of support measures have been introduced. These include, (i) the Com- munity Childcare Subvention (CCS) programme, which funds community childcare services to enable them to charge reduced childcare fees to qualifying parents, (ii) the Childcare Education and Training Support (CETS) programme, which provides free childcare places to qualifying FAS and VEC trainees and (iii) the Early Childhood Care and Education (ECCE) programme which provides for a free pre-school year for children in the year before commencing primary school. In addition, generous entitlements to paid and unpaid maternity leave are provided, as well as child benefit payments. In order to assist with an increase in the supply of childcare places, an exemption from income tax for individuals who mind children in their own home is available. To avail of this scheme, the childminder concerned may not mind more than 3 children, excluding their own. The exemption is subject to a limit of €15,000 per annum. I have no plans at present for any additional tax incentives in this area given the current fiscal position.

72. Deputy Terence Flanagan asked the Minister for Finance his plans to introduce new ways of raising funds rather than applying the stamp duty levy on pension funds assets (details supplied); and if he will make a statement on the matter. [23170/11]

Minister for Finance (Deputy Michael Noonan): As I explained in my speech introducing the “Jobs Initiative” in May last, the decision to fund the Initiative by way of a levy on pension funds over the 4 year period was taken because the alternatives for increases in taxation elsewhere at this time would be more damaging to the economy. I do not have any plans for alternative sources of revenue to the fund the Jobs Initiative.

Question No. 73 answered with Question No. 70.

74. Deputy Joanna Tuffy asked the Minister for Finance his plans to enter into negotiations with Switzerland with a view to regularising untaxed funds which Irish citizens hold in Swiss banks; if his attention has been drawn to the fact that following negotiations, the United Kingdom Government has now reached an agreement with Switzerland to tackle offshore tax evasion which is expected to secure billions of pounds of unpaid tax for the UK Exchequer; and if he will make a statement on the matter. [23203/11]

Minister for Finance (Deputy Michael Noonan): I am not privy to the full details of the agreement to which the Deputy has referred and accordingly it would be inappropriate for me to comment on it. Initial reports would suggest that any such agreement may provide for a one-off deduction from funds on deposit to settle past liabilities and a withholding tax from 2013 in place of the actual liability due in respect of investment income and capital gains. We have no plans at present to pursue a similar approach with the Swiss Authorities; however, we will keep the matter under review when the full details of the final ratified agreement are published. The Deputy may be aware that the Office of the Revenue Commissioners obtained High Court orders in December 2009 requiring clearing banks in the State to provide information to Revenue on details of transfers to and from the State involving a number of offshore jurisdictions including Switzerland. The orders cover the 12 years to 31 December 2008 and include

124 Questions— 14 September 2011. Written Answers electronic transfers as well as cheques and drafts either drawn in the State and sent offshore or drawn offshore and sent to the State.

Mortgage Arrears 75. Deputy Finian McGrath asked the Minister for Finance if he will consider getting the building societies and the banks to sign up to the Cloyne Report and moratorium for housing holders having difficulty with their mortgages. [23222/11]

Minister for Finance (Deputy Michael Noonan): I assume that the Deputy is referring to the Deferred Interest Scheme that was recommended by the Expert Group on Mortgage Arrears and Personal Debt which published its report late last year. Under this scheme, subject to certain criteria being satisfied, borrowers are allowed to pay at least 66% of their mortgage interest but less than 100%. Payment of the balance may be deferred for up to five years. The Central Bank has advised me that a number of lenders have notified the Bank of their decision/intention to implement a Deferred Interest Scheme but with varying dates for its availability. Since the publication of the Group’s Report, the Central Bank has revised the Code of Conduct on Mortgage Arrears (CCMA) to reflect many of the Group’s recommendations, including recommendations relating to the introduction by all mortgage lenders, regulated by the Central Bank, of a Mortgage Arrears Resolution Process (MARP). Chapter 3 (33) of the CCMA provides that: ’A lender must explore all options for alternative repayment arrangements, when considering a MARP case, in order to determine which options are viable for each particular case. Such alternative repayment arrangements must include : a) an interest-only arrangement for a specified period; b) an arrangement to pay interest and part of the normal capital element for a specified period; c) deferring payment of all or part of the instalment repayment for a period; d) extending the term of the mortgage; e) changing the type of the mortgage, except in the case of tracker mortgages; f) capitalising the arrears and interest; and g) any voluntary scheme to which the lender has signed up e.g. Deferred Interest Scheme.’ In addition, Chapter 3 (47) of the CCMA provides that: ’Where a borrower co-operates with the lender, the lender must wait at least twelve months from the date the borrower is classified as a MARP case (i.e. day 31), before applying to the courts to commence legal action for repossession of a borrower’s primary residence. The twelve month period commences on day 31 but does not include:

• any time period during which the borrower is complying with the terms of any alternative repayment arrangement agreed with the lender;

• any time period during which an appeal by the borrower is being processed by the lender’s Appeals Board;

• any time period during which the borrower can consider whether or not they wish to make an appeal on the decision of the Mortgage Lender’s Appeals Support Unit;

• any time period during which a complaint against the lender regarding any aspect of this Code, is being processed by the Financial Services Ombudsman’s office; and

125 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.]

• for pre-arrears cases, the time period between the first contact by the borrower in relation to a pre-arrears situation and an alternative repayment arrangement being put in place.

A copy of the Code of Conduct on Mortgage Arrears is available on the Central Bank’s website: www.centralbank.ie The Government would urge all lenders to make available a Deferred Interest Scheme (DIS). I have been informed by the Central Bank that the lenders which have implemented a scheme are Bank of Ireland, ICS Building Society, EBS, Haven Mortgages, Permanent TSB and Spring- board Mortgages. The following have indicated their willingness to implement a scheme later this year — AIB, AIB Mortgage Bank, Irish Nationwide Building Society and Start Mortgages.

Tax Code 76. Deputy Pearse Doherty asked the Minister for Finance further to Parliamentary Question No. 105 of 24 May 2011, the current tax expenditure valued at €400 million which allows the exemption of income arising from the provision of child-care services. [23249/11]

Minister for Finance (Deputy Michael Noonan): The Deputy refers to a reply given to Parliamentary Question No. 105 of 2011, in which a figure was supplied in error. The correct figures are below:

2007 2008

€m Numbers €m Numbers

Exemption of Income arising from the 0.7 400 0.8 440 Provision of Childcare Services

Section 216C of the Taxes Consolidation Act, 1997 provides for an exemption from income tax for individuals who mind children in their own home. The individual may not mind more than 3 children, excluding their own. The exemption is subject to a limit of €15,000 per annum. The Revenue Commissioners are currently engaged in updating figures of the cost of tax reliefs for the tax year 2009 for inclusion in their next statistical report. This work is ongoing and not yet complete, but a tentative estimate of the cost in 2009 of the tax exemption for income arising from the provision of child-care services is of the order of €0.8 million in respect of approximately 470 claimants.

77. Deputy Pearse Doherty asked the Minister for Finance the effective rate of corporation tax paid here. [23250/11]

Minister for Finance (Deputy Michael Noonan): There are different ways of measuring the effective rate of corporation tax depending on the variables that are used and it is difficult to determine a general or single reliable comparative measure of an effective tax rate. In responding to questions in the House during the Summer, I mentioned that our effective rate of corporation tax was 11.9%. This figure comes from a recent Paying Taxes study produced by the World Bank and PriceWaterhouseCoopers as part of an annual Doing Business report and includes a measurement of effective tax rates across 183 countries. The effective tax rate is based on the tax obligations of a standardised company operating in each country of the study and using standard assumptions regarding exemptions, deductions and allowances. 126 Questions— 14 September 2011. Written Answers

Another recent study by the European Commission also indicates that Ireland has an effec- 1 tive corporate tax rate which is close to, or indeed higher than, the statutory 122 per cent rate (because of the higher 25% tax rate that applies, generally, to non-trading profits). 1 These general findings are to be expected as Ireland’s122 per cent corporation tax regime is transparent, does not discriminate based on company size or ownership and applies across a broad base. The effective rate of corporation tax paid will vary from company to company, of course, depending on the circumstances in each individual case.

78. Deputy Pearse Doherty asked the Minister for Finance the savings made to the Exchequer if incorporated bodies were no longer allowed to claim losses against profits made in previous years. [23251/11]

Minister for Finance (Deputy Michael Noonan): The availability of relief for losses incurred in a business is a well-established feature of corporation tax, which is in recognition of the fact that a business cycle runs over several years and that it would be unbalanced to tax profits in one year and not allow losses in another. Under Irish tax legislation, a company incurring a trading loss in an accounting year can carry that loss back for offset against profits in the immediately preceding year. The carry back of a trading loss is limited to one accounting year back and there must be profits in that year for the provision to be of use to a company. A trading loss in an accounting year may also be carried forward for offset against trading profits of the same trade in subsequent years. I am informed by the Revenue Commissioners that the potential saving to the Exchequer if future claims by incorporated bodies for losses to be offset against previous year’s profits were to be disallowed would depend on the amounts of losses incurred by companies and the extent to which there are profits in the preceding accounting year against which such losses would otherwise be available for set-off. It is not possible to anticipate what these would be. By way of illustrating this latter point, data from corporation tax returns for 2008 and 2009 (the latest years available) show that for 2008 the amount of trading losses carried back for offset against profits earned in a previous year was €1,573m while the comparable figure for 2009 was a much lower figure of €868m. The actual saving to the Exchequer in respect of those years under the Deputy’s proposal would depend on the tax rate applicable to the profits of the companies concerned but assuming that this was the standard 12.5% rate, the savings under the proposal would have amounted to about €200m in 2008 and about €100m in 2009. The Deputy should note, however, that the estimated savings for 2008 and 2009 are not necessarily indicative of what the savings might be for future years. Also, since under the proposal companies could continue to carry forward losses for offset against future profits, the estimated Exchequer savings outlined would be temporary in nature.

79. Deputy Pearse Doherty asked the Minister for Finance the revenue that would be raised for the Exchequer by decreasing the capital acquisitions tax thresholds by 10% across the board and by increasing CAT by 10% on these new thresholds. [23252/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer from increasing the Capital Acquisitions Tax rate by 10%, based on the expected outturn in 2011, could be in the region of €110 million, assuming no change in the existing thresholds. The additional full year yield from existing taxpayers from reducing the existing thresholds by 10% and applying the proposed rate of 35% to the additional amounts thus brought into charge is estimated at €20 million. Revenue do not receive information on gifts and inheritances which currently do not have to be declared

127 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.] so it is not possible to estimate the potential yield if such benefits were brought into the tax net. These estimates are based on transactions recorded in 2010, the latest year for which the necessary detailed information is available. It should be noted that these estimates are based upon an assumption that there would be no behavioural impact from these changes, which could lead to a less than expected impact on Exchequer yield. In addition, the realization of any estimated yield from an increase in taxation on assets relating to property is subject to movements in the value of such assets, which are currently occurring in the economy.

Question No. 80 answered with Question No. 61.

Tax Reliefs 81. Deputy Pearse Doherty asked the Minister for Finance the cost to the Exchequer of the remaining tax expenditures to be paid as a legacy resulting from property reliefs issued up to 2008. [23256/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that the information provided in tax returns on the annual amounts of claims for property based tax reliefs is not sufficiently detailed to provide a basis for deriving an estimate of the remaining legacy cost to the Exchequer. I am not therefore in a position to provide the information requested by the Deputy. The estimated annual cost to the Exchequer of all “legacy” property-related tax schemes in 2009 was €341.8m.

Departmental Expenditure 82. Deputy Pearse Doherty asked the Minister for Finance the potential savings to the Exchequer of reducing professional fees paid by the State by 25%. [23257/11]

Minister for Finance (Deputy Michael Noonan): The total amount of professional fees paid by my Department in 2010 was €5,393,503. If a reduction of 25% was applied across the board then potential savings of €1,348,376 could have been achieved. In relation to expenditure on professional fees by agencies under the aegis of my Department the following outlines the position of each:— Revenue The total amount of professional fees paid in 2010 was €11,195,000. Accordingly, a 25% reduction would save €2,798,750 (this figure is net of VAT.) Appeals Commissioners In 2010 the Appeals Commissioners did not incur any professional fees. National Treasury Management Agency Based on the 2010 legal and consultancy expenditure for the NTMA the potential savings of a 25% reduction would be €570,000. Office of the Comptroller & Auditor General The Office of the Comptroller and Auditor General spent €461,000 on professional fees in 2010, including legal fees, contract audit services, internal audit and external audit. A 25% reduction in expenditure on professional fees would have led to savings of €115,250 in the year. The Deputy should be aware that the figures include fees some of which are determined by legislation, regulation, contract etc and a reduction of these fees may require agreement of the

128 Questions— 14 September 2011. Written Answers parties concerned. The Deputy should also note that included in the figures supplied by my Department, are payments for professional fees which from 2011 have transferred to the Department of Public Expenditure and Reform.

Tax Code 83. Deputy Pearse Doherty asked the Minister for Finance the revenue that would be raised for the Exchequer if the individual incomes in excess of €100,000 were taxed at 49%. [23258/11]

Minister for Finance (Deputy Michael Noonan): It is assumed that the threshold for the proposed new tax band mentioned by the Deputy would not alter the existing standard rate band structure applying to single and widowed persons, to lone parents and married couples. I am advised by the Revenue Commissioners that the estimated full year yield to the Exchequer, estimated by reference to 2012 incomes, of the introduction of a new 49% rate would be of the order of €436 million. However, given the current band structures, major issues would need to be resolved as to how in practice such a new rate could be integrated into the current system and how this would affect the relative position of different types of income earners. This figure is an estimate from the Revenue tax-forecasting model using latest actual data for the year 2009, adjusted as necessary for income and employment trends for the year 2012. It is therefore provisional. The current basis of cost also reflects a revision of the cost basis that was used to underpin my reply of 19 July last to a question about a 48% rate which was tabled by the Deputy under Parliamentary Question reference 21030/11. The impact of this would be to raise the top marginal rate for people with income in excess of €100,000 to 60% or over.

84. Deputy Pearse Doherty asked the Minister for Finance the savings to the Exchequer if mortgage interest relief for landlords was abolished. [23259/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that based on personal income tax returns filed by non-PAYE taxpayers for 2009, the latest year available, the amount of tax foregone by allowing a deduction for interest on borrowings to be offset against all rental income assessable under Case V, Schedule D for both residential and commercial property is estimated at €745 million. This is an update of an estimate of €730 million provided on 21 July last in my reply to Parliamentary Question number 22016/11. On this basis, the full year yield to the Exchequer from abolishing this relief would be of the same order. The estimated 2009 cost is based on assuming that tax relief was allowed at the top income tax rate of 41% and the figure provided could therefore be regarded as the maximum Exchequer cost in respect of those taxpayers. This figure is subject to adjustment in the event of late returns being filed or where returns already filed are subsequently amended. It should be noted that any corresponding data returned by PAYE taxpayers in the income tax return form 12 is not captured in the Revenue computer system. However, any PAYE taxpayer with non-PAYE income greater than €3,174 is required to complete an income tax return form 11. This return is the source of the figure provided in this reply. A basis for providing an estimate of the current yield to the Exchequer from such an abolition is not available.

129 Questions— 14 September 2011. Written Answers

85. Deputy Pearse Doherty asked the Minister for Finance his views on abolishing group relief for incorporated bodies, which cost the Exchequer €450.3 million in 2008; the position regarding holding companies here; and if he will make a statement on the matter. [23260/11]

Minister for Finance (Deputy Michael Noonan): In recognition of the fact that groups of companies generally comprise a single economic entity, the Taxes Consolidation Act 1997 provides for the allowance of trading losses of a group company in an accounting period against profits of another group company in the corresponding accounting period. Essentially, two companies are members of a group of companies if one company is a 75% subsidiary of the other or both are 75% subsidiaries of a third company— and in many instances there will be more than 75% common ownership throughout the group. It is important to note that only current year trading losses may be surrendered between companies under the group relief provisions. As regards holding companies, the position generally is that such companies hold shares in subsidiaries, do not carry on a trade and do not, therefore, incur trading losses. In many instances, for commercial reasons, group borrowings may be controlled by the holding company. Where this is the case, similar to the treatment of losses, under the group relief provisions the interest paid by the holding company may be surrendered to subsidiaries for deduction against their profits. Group relief is a standard feature of corporation tax codes and similar relief is available in most other countries. The availability of such relief is an important facility for Irish and multinational enterprises which conduct their business operations within a group of companies. The absence of a group relief provision would put Ireland at a significant competitive disadvantage vis-à-vis other jurisdictions.

86. Deputy Pearse Doherty asked the Minister for Finance the return of the Exchequer arising from an increase in tax charge to companies licensed to avail of Ireland’s natural resources to 25% to 75%. [23261/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners that the information furnished on corporation tax returns does not generally require the yield from a particular sector or sub-sector of economic activity to be identified. In these circumstances the amount of tax revenues collected in respect of the activities specified in the question cannot be readily identified from the overall corporation tax yield. There is, therefore, no statistical basis on which the Exchequer impact of the changes mentioned in the question could be estimated. I am further informed by Revenue that even if the basic information was available the obligation on the Revenue Commissioners to observe confidentiality for taxpayers and small groups of taxpayers might preclude them from disclosing it. Section 45 Finance Act 2008 introduced new tax provisions in relation to profits derived from petroleum exploration and production activities. A new tax called a “profit resource rent tax” will apply at rates of 5%, 10% or 15% in addition to the corporation tax rate of 25% that currently applies to profits from petroleum activities. It will apply when profits exceed certain defined levels. This will be worked out by a formula that relates the profits from a petroleum field to the capital investment in the field. The new tax provisions give effect to the Government Decision of 30 July 2007 that a new regime would apply in relation to petroleum profits from discoveries made from 2007 onwards.

Departmental Expenditure 87. Deputy Shane Ross asked the Minister for Finance the amount his Department has spent on taxis for staff and for others in each of the past four years. [23298/11]

130 Questions— 14 September 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): The information requested by the Deputy will be forwarded directly to him within the next few days.

88. Deputy Shane Ross asked the Minister for Finance the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit cards. [23313/11]

Minister for Finance (Deputy Michael Noonan): The expenditure on credit cards by my Department over the past four years is as follows:

Year Spend

2007 €8,310 (Sept to Dec) 2008 €44,697 2009 €35,566 2010 €31,694 2011 €15,075 (year to date)

The expenditure on entertainment by credit cards by my Department over the past four years is as follows:

Year Spend

2007 €999.74 (Sept to Dec) 2008 €5,412 2009 €6,937 2010 €455.75 2011 Nil (year to date)

The number of credit cards held by my Department at the end of each of the last four years is as follows:

Year Number

2007 9 2008 14 2009 6 2010 5 2011 5 (present total)

The credit card limit is €5,000 euros.

Ministerial Staff 89. Deputy John O’Mahony asked the Minister for Finance the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23343/11] 131 Questions— 14 September 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): Since his appointment as Minister of State for Public Service Reform and the Office of Public Works at the Department of Public Expen- diture and Reform and Department of Finance, Mr Brian Hayes, TD has appointed the following staff member to his office:

Grade Salary Scale (per annum)

Staff Officer €33,070 — €43,906

90. Deputy John O’Mahony asked the Minister for Finance the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23358/11]

Minister for Finance (Deputy Michael Noonan): Since my appointment as Minister for Fin- ance on 9 March 2011 the relevant details are as follows:

Name Title Salary (per Duties annum)

Mary Kenny Special Adviser €83,337 Any duties which may be assigned to her from time to time as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997.

91. Deputy John O’Mahony asked the Minister for Finance the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23373/11]

Minister for Finance (Deputy Michael Noonan): Since my appointment as Minister for Fin- ance on 9 March 2011, the following staff have been appointed to my private office:

Grade Salary Scale (per annum)

1 Private Secretary €33,247 — €58,294 2 Executive Officers (EO) €29,024 — €47,379 1 Clerical Officer (CO) €23,177 — €37,341 2 Clerical Officers (CO) €23,042 — €36,267

The following staff are assigned to work on constituency matters.

Grade Salary Scale (per annum)

1 Personal Assistant €43,715 — €56,060 1 Executive Officer (EO) €30,516 — €47,975 1 Clerical Officer (CO) €23,177 — €37,341 1 Clerical Officer (CO) €23,042 — €36,267

132 Questions— 14 September 2011. Written Answers

Tax Code 92. Deputy Olivia Mitchell asked the Minister for Finance if he will clarify the new arrangements in place to qualify for the vehicle registration tax exemption for disabled passengers in view of the fact there has been some confusion resulting in genuine cases being unable to avail of this exemption; and if he will make a statement on the matter. [23381/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that there have been no changes in the qualifying criteria for the Vehicle Registration Tax (VRT) exemption for disabled passengers. The scheme is governed by the Disabled Drivers and Disabled Passengers [Tax Concessions] Regulations 1994 (S.I. No. 353 of 1994). The Scheme is open to persons who meet the specified medical criteria and have obtained a Primary Medical Certificate to that effect. A disabled person can apply for relief either as a driver or a passenger. The vehicle must be suitably adapted for the transportation of the disabled person and must be used for that purpose. In the case of passengers, VRT relief is restricted to a vehicle which has an engine size up to 4,000 cc and the net cost of the adaptations must be not less than 10% of the tax exclusive cost of the vehicle. The vehicle must be purchased outright by the applicant (this includes vehicles purchased on hire-purchase, but excludes vehicles which have been purchased by way of a leasing arrangement). The vehicle must not be destined/used for any commercial purpose following the granting of relief, e.g. taxi/hackney, courier service. A family member of a person with a disability who purchases a vehicle for the transport of that person as a passenger qualifies, provided the person resides with and is responsible for the transport of the disabled passenger. In exceptional circumstances, the condition concerning residency may be waived. In this regard, evidence is sought that the qualifying vehicle is used on a regular basis for the transport of the disabled person. Each case is evaluated on an individual basis and, where the Revenue Commissioners are satisfied that a qualifying disabled person is transported on a regular basis, the relief is granted.

Question No. 93 answered with Question No. 71.

Pension Provisions 94. Deputy Niall Collins asked the Minister for Finance if he will reconsider the current regulations restricting access to pension funds (details supplied). [23387/11]

Minister for Finance (Deputy Michael Noonan): I would consider the Deputy’s question to be principally a matter for the Minister for Social Protection but tax legislation and rules are also relevant to the issue. Generally speaking, once an occupational pension scheme member has at least two years qualifying service for pension purposes, that member is entitled under the Pensions Acts to preserved pension benefits on leaving employment and does not get a refund of contributions made to the scheme. The rationale for giving various tax reliefs to pension savings schemes in the first place is to encourage and promote savings over the long term in order that individuals will have an adequate replacement income in old age. Emerging demographic indicators point to increasing numbers of people living longer and healthier lives with more of their lives spent in retirement than previously. I am conscious of the case being made for pre-retirement access to pension funds but there is also a strong case for maintaining the ring-fencing of pension savings to ensure that individuals have an adequate post-retirement income. This is not a simple matter and while I am open to examining it further, in conjunction with the Minister for Social Protection, it would require very careful consideration before any changes could be made to the current arrangements.

133 Questions— 14 September 2011. Written Answers

Tax Collection 95. Deputy Aengus Ó Snodaigh asked the Minister for Finance the amount of revenue that was raised by the new levy imposed on tax exiles by the previous Government; and if that figure is not yet available, when same will be available. [23392/11]

Minister for Finance (Deputy Michael Noonan): I assume that the measure to which the Deputy refers is the Domicile Levy which was announced in Budget 2010 and introduced in Finance Act 2010. The Domicile Levy of €200,000 is charged on an individual who is Irish- domiciled and an Irish citizen whose world-wide income exceeds €1m, whose Irish-located property is greater than €5m, and whose liability to Irish income tax was less than €200,000. The Levy will be charged for 2010 and subsequent years, but the payment for each year can be made at any time up to 31 October in the year following the valuation date, which is 31 December of each year. The first valuation date for the Domicile Levy will be 31 December 2010 and the tax return and payment of the Levy for 2010 will not be due until 31 October 2011. The figure will, therefore, not be available until after that date.

96. Deputy Joe Costello asked the Minister for Finance if his attention has been drawn to the fact that the Revenue Commissioners are charging a 14% interest rate on small companies in arrears; and if he will make a statement on the matter. [23397/11]

Minister for Finance (Deputy Michael Noonan): The Revenue Commissioners are charged with responsibility for the timely collection and recovery of taxes and duties due to the Exchequer. Revenue has a clear focus on making sure that every person and business complies with his or her responsibilities by paying the right amount and on time. That is an appropriate and correct focus for Revenue, which I fully endorse. In that context, where businesses or individuals fail to meet their tax payment obligations on time, then they are liable to interest, as provided for by the Oireachtas in the Taxes Acts. Interest on late payment of tax operates not only as a compensation for the Exchequer for the late payment of monies due to it but also as an essential support for timely voluntary compliance by ensuring a level playing field between those who meet their obligations on time and those who pay late or who may attempt not to pay at all. The Finance Act 2009 provided for a reduction from 1 July 2009 of the rate of interest applied to late payment of tax. In the case of Income Tax, Corporation Tax, Capital Gains Tax, Capital Acquisition Tax, and Stamp Duty, the daily rate of interest was reduced from 0.0273% to 0.0219%, in effect an annual equivalent drop from 10 % to 8%. In the case of other taxes and duties i.e. Value Added Tax, PAYE/PRSI the daily rate was reduced from 0.0322 to 0.0274%, in effect an annual equivalent drop from 12% to 10%.

Tax Reliefs 97. Deputy Brendan Griffin asked the Minister for Finance his plans for section 23 properties; his views on recent submission that were recently made on this matter; and if he will make a statement on the matter. [23400/11]

136. Deputy David Stanton asked the Minister for Finance his views on section 23 tax relief; the progress made with regard to changes to section 23 tax reliefs following the public consultation process in July; and if he will make a statement on the matter. [24193/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 97 and 136 together. The public consultation on “legacy” property-based tax reliefs, including Section 23-type reliefs, undertaken by my Department concluded at the end of July. Over 500 submissions were

134 Questions— 14 September 2011. Written Answers made during the consultation, which forms part of an impact assessment process to assess the potential effects of amending, curtailing and/or abolishing such reliefs. These submissions are being examined and with the results of the impact assessment process will be considered in the context of the budgetary process. As is customary, I do not propose to comment in advance of the Budget on any matters that might be the subject of Budget decisions.

Departmental Properties 98. Deputy Sean Fleming asked the Minister for Finance the levels of reductions in rents achieved by the Office of Public Works in 2011 in view of the current economic circumstances; the locations at which this related to rents with an upwardly only rent review clause and properties that did not have such a review clause; and if he will make a statement on the matter. [23417/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): So far this year, the Office of Public Works has achieved rent reductions to the value of €1,494,346.87 in relation to the leased properties listed below.

Location Building Name Old Rent New Rent Savings Per Upward Rent Annum Clause Y/N

CAVAN Cavan Gov €29,920.00 €24,684.00 €5,236.00 N Office Elm House DOWRA Dowra Garda €13,000.00 €11,440.00 €1,560.00 N Station Shannon Bridge ENNIS Ennis Education €100,000.00 €70,000.00 €30,000.00 N Office MALLOW Mallow Farm €11,000.00 €8,250.00 €2,750.00 N Development Service DUBLIN 02 Molesworth Bldg €2,267,000.00 €1,145,000.00 €1,122,000.00 Y Setanta Centre DUBLIN 02 Statoil Building €373,500.00 €215,000.00 €158,500.00 N DUBLIN 22 Clondalkin €86,000.00 €50,000.00 €36,000.00 N Education Office DUBLIN Dublin Airport €5,212.00 €1,904.45 €3,307.55 N AIRPORT Pier B GALWAY Galway €180,000.00 €90,000.00 €90,000.00 N Education Office GALWAY Galway €31,144.00 €27,068.28 €4,075.72 Y Probation & Welfare Service GALWAY Galway €42,334.50 €34,274.04 €8,060.46 Y Probation & Welfare Service PORTLAOISE Portlaoise €2,031.58 €1,800.00 €231.58 N Furniture Store CLAREMORRIS Claremorris €8,913.56 €5,000.00 €3,913.56 N SWO

135 Questions— 14 September 2011. Written Answers

[Deputy Brian Hayes.] Location Building Name Old Rent New Rent Savings Per Upward Rent Annum Clause Y/N

CLAREMORRIS Claremorris €68,712.00 €40,000.00 €28,712.00 N Temporary Decentralisation Office

Total Saving €1,494,346.87

Price Inflation 99. Deputy Terence Flanagan asked the Minister for Finance if he will deal with a matter (details supplied) regarding the rising cost of everyday living; and if he will make a statement on the matter. [23424/11]

Minister for Finance (Deputy Michael Noonan): The Deputy will be aware that through 2009 and 2010, there were few inflationary pressures. Indeed, price levels fell, with the CPI declining by 4.5% in 2009 and 1% in 2010, and the HICP falling by 1.7% and 1.6% respectively. In the latter months of 2010 and to date in 2011, the main drivers of inflation have been insurance premium hikes and increases in the price of commodities. The CPI has also been affected by increases in mortgage rates. In August 2011, the annual rate of increase in the CPI was 2.2% and 1.0% in the HICP. This rate of inflation is the lowest in Europe meaning prices in general here are growing at a slower rate than in any other European country. Specifically, I would like to address Mr. Gibson’s (Mr. Gibson of Dublin 13 was in touch with Deputy Flanagan on this matter) concerns regarding Government policy to improve the cost of living and escalating food and petrol prices. The Government is keenly aware that people are under financial pressure in the current economic environment. To counter that, the Government is encouraging increased competition in the domestic areas of the economy. For example, the reduced VAT rate was introduced to lower prices for a range of services connected to the hospitality and tourism sectors. In relation to food prices, the latest CSO information for the grouping ‘Food and Non- Alcoholic Beverages’ shows that prices are equivalent here to mid-2007 levels and are over 7% lower than the peak seen in 2008. Petrol prices have increased substantially in recent months mainly related to increased oil prices on international markets so Government policy is limited in what it can do to alleviate price pressures in this regard. The overall picture remains one where muted domestic demand and considerable spare capacity in the economy are expected to keep underlying Irish inflation in check for some time to come. Therefore, modest price rises will assist in restoring our relative competitive position globally.

Departmental Expenditure 100. Deputy Simon Harris asked the Minister for Finance the budget available to his Depart- ment for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing 136 Questions— 14 September 2011. Written Answers of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23445/11]

Minister for Finance (Deputy Michael Noonan): The information technology purchasing policy of my Department and agencies under its remit is to ensure that all procurements comply with procurement law, provide value for money, are fit for purpose, and comply with all applicable standards. All ICT expenditure is tendered in accordance with Circulars 2/09, 10/10 and 2/11 to ensure best VFM. Additionally my Department and all agencies procure, where appropriate, from centrally-negotiated Public Service-wide framework contracts for a wide-range of IT and telecoms products and services. The budgets available for each were:

Dept/Agency 2010 2011

€’000 €’000 Finance 793 6261 Revenue (incl. Appeals Commissioners) 50,029 45,925 Office of Public Works 2,729 2,447 Comptroller & Auditor General 503 461 Footnotes: 1. This budget covers IT expenditure for both the Department of Finance and the Department of Public Expendi- ture & Reform as IT is now provided on shared service basis between them.

Financial Services Regulation 101. Deputy Terence Flanagan asked the Minister for Finance if he will respond to a matter regarding Home Payments Limited that went into liquidation; and if he will make a statement on the matter. [23463/11]

Minister for Finance (Deputy Michael Noonan): Following the collapse of Home Payments Ltd (HPL) last month, the Central Bank commenced an investigation into the matter. This investigation is on-going and I await the final report from the Bank. However, I can confirm that the Central Bank has informed me that, as HPL was not authorised or licensed by the Bank, clients are not eligible for a compensation scheme/deposit protection scheme and, in addition, clients of HPL do not have recourse to the Financial Services Ombudsman. Since the collapse, the Central Bank has worked with the National Consumer Agency and with regulatory and industry bodies to provide assistance to customers of HPL who are at a financial loss. The Bank has also informed me that it is undertaking a review of all firms in the State which appear to offer customers debt advice and/or debt management type services. The Government is committed to having in place an effective regulatory/supervisory system for those firms providing a household budgeting and bill payment service, a debt management service and/or a debt advice service. The findings of the investigations by the Central Bank into HPL and into the other firms will inform what regulatory/supervisory system should be put in place for firms providing these services — whether provided separately or bundled together — or, alternatively, what amendments to the current regulatory/supervisory framework may be required.

Expenditure Reviews 102. Deputy Sean Fleming asked the Minister for Finance if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23472/11] 137 Questions— 14 September 2011. Written Answers

Minister for Finance (Deputy Michael Noonan): Departmental submissions to the Compre- hensive Review of Expenditure (CRE) are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure & Reform has already indicated that it is his intention to publish the Reports submitted as part of the CRE process following the finalization of the budgetary process.

Tax Code 103. Deputy Sean Fleming asked the Minister for Finance if he will examine the position regarding stamp duty in situations in which, for example, two siblings jointly own a house and there is a mortgage of approximately €200,000 on the property but the value of the house is now €100,000 and one sibling wishes to take over the entire ownership of the house and the transfer value of 50% is deemed to be €50,000 but stamp duty of €500 is payable; his views on this situation in view of the negative equity in these cases; his plans to change the legislation to ensure that no stamp duty is payable in these types of cases in negative equity; and if he will make a statement on the matter. [23481/11]

Minister for Finance (Deputy Michael Noonan): The Stamp Duty rate on residential property transfers was reduced in Budget 2011 while some reliefs and exemptions were abolished. This broadened the tax base while lowering the rate of Stamp Duty for most purchasers. All purchases of residential property valued under €1 million in value are now only liable for stamp duty at 1%, with any balance over €1 million liable at 2%. Even where a transfer was previously relieved or exempted from Stamp Duty the overall transaction cost is now lower than in recent years. Stamp Duty on property transfers is calculable by reference to the value of the property on the date of transfer, regardless of any mortgage or loan outstanding. No account is taken of whether the property was previously transferred at a higher or lower value — to do so could lead to complications. I have no plans at this time to make further changes to the residential Stamp Duty regime.

Financial Services Regulation 104. Deputy Terence Flanagan asked the Minister for Finance if he will deal with a matter (details supplied) regarding a mortgage application in respect of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [23505/11]

Minister for Finance (Deputy Michael Noonan): The decision on whether or not to grant individual mortgages must remain a commercial decision for individual lending institutions. It is important that each lending institution is allowed to assess properly and independently the individual risks that it is considering accepting. Mortgage lending must be undertaken on a sustainable and prudential basis by financial institutions and conform fully with regulatory requirements both in relation to the financial institution itself and also the safeguarding of the consumer’s interests. However, if a consumer feels that he or she has been improperly treated, or that he or she has grounds for complaint for some other reason, then a complaint may be made directly to the financial institution concerned. If the consumer is not satisfied with the response received from the institution, there may be grounds to forward the complaint to the Financial Services Ombudsman (FSO), who has statutory powers to investigate complaints against financial service providers. The FSO will only consider a case once the internal complaints procedure within the financial institution concerned has been followed.

Tax Code 105. Deputy Finian McGrath asked the Minister for Finance if he will investigate the possi-

138 Questions— 14 September 2011. Written Answers bility of a tax of 0.05% of every euro spent on business-related transaction levied on those in the transaction. [23507/11]

Minister for Finance (Deputy Michael Noonan): I understand that the Deputy is referring to a type of Financial Transaction Tax (FTT). The EU Commission stated in a Communication in October 2010 that it supported the idea of an FTT to help fund international challenges such as development at climate change. However, the Commission has recently proposed the introduction of an FTT in Europe for the purpose of an “own resource” tax imposed centrally to fund the EU. Ireland has traditionally opposed the concept of an EU-wide tax and believes that the financing of the EU Budget should continue to be mainly based on GNI. While we will examine any proposal, we would have serious concerns about its economic, budgetary and political impact. There is no consensus as yet among European member states on this issue, and most Member States are awaiting the EU Commission’s impact assessment of the various measures before deciding what stance to take. There is a strong emerging view that the EU and other international groupings such as the IMF and G20 should move in tandem in a global manner to avoid the danger of financial sector business gravitating to areas where taxes are not levied on financial transactions.

Banking Sector Regulation 106. Deputy Joanna Tuffy asked the Minister for Finance the steps he will take regarding controlled banks and institutions increasing mortgage interest rates thereby increasing pressure on customers who are already struggling with mortgage repayments; and if he will make a statement on the matter. [23542/11]

Minister for Finance (Deputy Michael Noonan): As Minister for Finance, I have no statutory role in the setting of interest rates charged or paid by financial institutions regulated by the Central Bank. The Central Bank has responsibility for the regulation and supervision of financial institutions in terms of consumer protection and prudential requirements and for ensuring ongoing compliance with applicable statutory obligations. Each institution determines the rate it charges its customers, depending on a number of factors, such as cost of funds and commercial considerations, competition in the market, risk pricing and the impact on deposit rates. In the case of a customer experiencing financial difficulties in meeting his/her mortgage commitments or one who is concerned that he/she is in danger of getting into financial difficulties, mortgage lenders must comply with the requirements of the Central Bank’s revised Code of Conduct on Mortgage Arrears (CCMA) which came into effect on 1 January 2011. The CCMA applies to the mortgage loan of a borrower which is secured by his or her primary residence. Primary Residence means a property which is: • the residential property which the borrower occupies as his/her primary residence in this State, or • a residential property in this State which is the only residential property owned by the borrower. Under the CCMA a lender must have a Mortgage Arrears Resolution Process in place incorporating communication with borrowers, financial information, assessment, resolution and appeals. In exploring all options for alternative repayment arrangements lenders must consider, inter alia, deferred payment, term extension, interest and partial capital payments and interest only arrangements.

139 Questions— 14 September 2011. Written Answers

Tax Code 107. Deputy Olivia Mitchell asked the Minister for Finance if he will clarify the terms of the phased withdrawal of rent relief; in the context of section 473 of the Taxes Consolidation Act 1997, if he will clarify if a person is entitled to continue receiving rent relief when that individual has been continuously renting over the past number of years but has moved property and signed a new lease since the 7 December 2010 cut-off point while at no point ceasing to be a tenant.; and if he will make a statement on the matter. [23567/11]

Minister for Finance (Deputy Michael Noonan): Section 473 of the Taxes Consolidation Act, 1997 provides tax relief at the standard rate to individuals who pay for private rented accommodation that is used as their sole or main residence. The level of rent qualifying for rent relief depends on an individual’s marital status and age. In Budget 2011, it was announced that rent relief was being withdrawn on a phased basis. No new claimants were allowed from 7 December 2010 but existing claimants will continue to receive the relief, on a reducing basis, with a complete cessation of the relief from 2018. Any person who was paying rent under a tenancy on 7 December 2010 qualifies for rent relief. A subsequent change from one property to another or from one lease to another does not affect their entitlement to rent credit on a reducing basis. The following table sets out the withdrawal plan:

Tax Year Reduction on Single Under 55 Single Over 55 Widowed/ Widowed/ current amounts Married under Married over 55 55

Maximum Amounts of Rent Relievable

2010 — 2,000 4,000 4,000 8,000 2011 20% 1,600 3,200 3,200 6,400 2012 20% 1,200 2,400 2,400 4,800 2013 10% 1,000 2,000 2,000 3,600 2014 10% 800 1,600 1,600 3,200 2015 10% 600 1,200 1,200 2,400 2016 10% 400 800 800 1,600 2017 10% 200 400 400 800 2018 10% to 0% 0000

Question No. 108 answered with Question No. 62.

Financial Institutions Support Scheme 109. Deputy Noel Harrington asked the Minister for Finance the guarantees available to a depositor of an Irish bank on deposits of up to €100,000; if this is guaranteed in the event of a default of any bank to bondholders; and if he will make a statement on the matter. [23589/11]

Minister for Finance (Deputy Michael Noonan): The legal basis for the Deposit Guarantee Scheme in Ireland is set out in the European Communities (Deposit Guarantee Scheme) Regu- lations 1995 (S.I. No. 168 of 1995) as amended. These Regulations implement the European Union Directive on Deposit Guarantee Schemes (Directive 94/19/EC) as amended. Under the Regulations, a depositor with a deposit of up to €100,000 will be covered by the Deposit Guarantee Scheme where a compensation event occurs in a credit institution. A compensation event occurs if- 140 Questions— 14 September 2011. Written Answers

(a) the Central Bank of Ireland has determined that, for the time being, the credit institution appears to be unable, for reasons directly related to its financial circumstances, to repay a deposit or deposits and to have no current prospect of being able to do so, (b) a court has appointed a liquidator or examiner of the credit institution, or (c) a judicial authority has made, for reasons directly related to the credit institution’s financial circumstances, any other ruling that has the effect of suspending depositors’ ability to make claims against it. The Scheme covers 100% of deposits held in any credit institution authorised in Ireland (including credit unions) up to a maximum of €100,000 per qualifying depositor per institution and is administered by the Central Bank of Ireland. Generally, the Scheme covers deposits held in current accounts, demand deposit accounts and term deposit accounts with credit institutions. The basic intention behind such a scheme is to reassure depositors that there is a safety net that will enable them to recover all, or at least most, of their savings in the event of a failure of a credit institution. This reassurance, in turn, helps to contribute to the stability of the financial system. For more information on the various guarantees available to depositors for amounts above €100,000, please see: http://www.itsyourmoney.ie/index.jsp?n=757&p=125

Tax Code 110. Deputy Michael Healy-Rae asked the Minister for Finance his plans to reduce the cost of fuel; and if he will make a statement on the matter. [23609/11]

Minister for Finance (Deputy Michael Noonan): Ireland, as with other countries, has experienced an increase in the cost of petrol and auto-diesel. The increase in fuel prices is an international phenomenon. Fuel prices are driven by a number of factors including the price of oil on international markets, exchange rates, production costs and refining costs. The rise in oil prices over recent periods reflected additional factors such as geopolitical uncertainty in Northern Africa and the Middle East with potential supply disruptions. However, the price of oil has decreased somewhat relative to highs earlier in the year. The excise rates (including the carbon charge) in Ireland on motor fuels are 57.6 cent on a litre of petrol and 46.6 cent on a litre of auto-diesel. Ireland’s excise rates are the ninth and third highest in the EU27 for petrol and auto-diesel respectively. However, our rates remain lower than many of our main trading partners and significantly lower than our nearest neighbour the UK. The Exchequer yield from excise, as excise is set at a nominal amount, does not increase as the price of fuels increase. On the other hand, the yield from VAT per litre of fuel, as VAT is set as a percentage of the price, increases as the price of fuels increase. It should also be noted that businesses are of course entitled to reclaim VAT incurred on their business inputs, including VAT incurred on fuel. For example, VAT incurred on auto- diesel and marked gas oil (MGO or green diesel) used in the course of business is a deductible credit for business in the Irish VAT system. VAT on petrol can not be deducted/reclaimed. There are no plans for temporary taxation adjustments, as to do so, could lead to significant costs to the Exchequer. The issue of rising fuel prices was recently briefly discussed by EU Finance Ministers at an ECOFIN meeting and they reconfirmed the approach taken in 2005 and again in 2008, when oil prices were very high, which endorsed a coordinated approach towards not making distortionary fiscal adjustments.

National Pensions Reserve Fund 111. Deputy Pearse Doherty asked the Minister for Finance if he will provide a detailed

141 Questions— 14 September 2011. Written Answers

[Deputy Pearse Doherty.] report on funds remaining in the National Pensions Reserve Fund and Central Bank reserves following the recapitalisation of the banks in July 2011; and if he will make a statement on the matter. [23619/11]

Minister for Finance (Deputy Michael Noonan): The most recent figures for the National Pensions Reserve Fund (NPRF) published by the NPRF Commission are for the second quarter of 2011. These showed that the Fund was valued at €20.8 billion at end-June 2011, made up of €15.5 billion in the Directed Portfolio (the part of the Fund which is managed by the Com- mission on foot of directions from the Minister for Finance) and €5.3 billion in the Discretion- ary Portfolio, the investment of which remains the Commission’s responsibility. The €15.5 billion in the Directed Portfolio comprised €5.5 billion in bank investments — the value of investments in Bank of Ireland and AIB made at the direction of the Minister in 2009 and 2010 — and a further €10 billion set aside at the direction of the Minister as part of Ireland’s contribution to the EU/IMF Programme of Support for Ireland. The €10 billion was subsequently used in July 2011 to recapitalise Bank of Ireland and AIB. The value of the Discretionary Portfolio at end-June 2011 was €5.3 billion, which can be broken down as set out in the table below (figures may not add due to rounding). The Dis- cretionary Portfolio has not been affected since that date by bank recapitalisation investments.

Asset Allocation 30 June 2011

Asset Class € million % of Discretionary Portfolio

Large cap equity 1,161 22.0% Small cap equity 134 2.6% Emerging markets equity 406 7.7% Quoted Equity 1,701 32.3% Eurozone government bonds 0 0.0% Eurozone inflation linked bonds 73 1.4% Eurozone corporate bonds 474 9.0% Cash 767 14.5% Financial Assets 1,314 24.9% Private Equity 918 17.4% Property 484 9.2% Commodities 223 4.2% Forestry 30 0.6% Infrastructure 270 5.1% Absolute return funds 180 3.4% Alternative Assets 2,105 39.9%

Value of €1.3bn equity market 154 2.9% protection (put options)

Total Discretionary Portfolio 5,274 100.0%

Central Bank: Information on the Central Bank Reserves is published monthly on the Central Bank website www.centralbank.ie. At end-August 2011 the Central Bank held €1,522 million in Reserve Assets as follows: 142 Questions— 14 September 2011. Written Answers

€ million

Monetary Gold 202 Special Drawing Rights 695 Reserve Position in IMF 286 Foreign Exchange 339

National Treasury Management Agency 112. Deputy Pearse Doherty asked the Minister for Finance if he will provide a detailed breakdown of the remaining cash reserves held by the National Treasury Management Agency; the portion of this money that was borrowed prior to 2009 and whether moneys currently held by the NTMA was drawn down from EU/IMF support programme funds; if so, if he will indicate from what portion of the funds; and if he will make a statement on the matter. [23620/11]

Minister for Finance (Deputy Michael Noonan): This figure of €9 billion does not include the assets in the discretionary portfolio of the National Pensions Reserve Fund which amounted to €5.2 billion at end-August (of which, €422 million was held in cash at the Central Bank).

Question No. 113 answered with Question No. 58.

Tax Code 114. Deputy Eoghan Murphy asked the Minister for Finance his plans to reduce national car test VAT rate to 13% to bring it in line with the VAT rate for other services. [23717/11]

Minister for Finance (Deputy Michael Noonan): I am advised by the Revenue Commissioners that the repairing or maintaining of movable goods, including motor vehicles, is liable to VAT at the reduced rate of 13.5% in accordance with paragraph 20(1), Schedule 3 of the Value- Added Tax Consolidation Act 2010. The service of vehicle testing, that entails an inspection of a vehicle rather than its repair or maintenance, is liable to VAT at the standard rate of 21% in accordance with section 46(1)(a) of the VAT Consolidation Act. There is no provision under the EU VAT Directive that would allow for a reduced VAT rate to apply to testing services.

Financial Services Regulation 115. Deputy Eoghan Murphy asked the Minister for Finance if existing legislation allows for regulation of debt management and debt advice services companies. [23718/11]

116. Deputy Eoghan Murphy asked the Minister for Finance his plans to regulate debt- management and debt-advice services companies. [23719/11]

Minister for Finance (Deputy Michael Noonan): I propose to take Questions Nos. 115 and 116 together. The Government is committed to having in place an effective regulatory system for debt- management and debt-advice companies. To that end, my officials are in consultation with the Central Bank in examining what legislative proposals would be appropriate in this area.

117. Deputy Eoghan Murphy asked the Minister for Finance his plans to protect those who had their finances managed by a company (details supplied). [23720/11] 143 Questions— 14 September 2011. Written Answers

Pension Provisions 118. Deputy Eoghan Murphy asked the Minister for Finance if any adjustment will be made in the future to take into account those who paid their pension levy out of their personal pension. [23722/11]

Minister for Finance (Deputy Michael Noonan): I assume the Deputy is proposing that the amount of the pension levy passed on to individuals over the period of the levy should be available to them as a credit against their future tax liabilities. The moneys raised from the pension fund levy will be used to pay for the reductions in VAT, PRSI and the air travel tax as well as for the additional expenditure measures announced in the Jobs Initiative in May last. These and the other various measures in the Initiative represent the first steps by this Govern- ment towards improving the competitiveness of important sectors of the economy and facilitating the return to work of people currently unemployed. Given our commitments under the Joint EU/IMF Programme of Financial Support and the current difficulties in the public finances, the Jobs Initiative must be funded on a cost neutral basis. Since the proceeds of the levy are already committed in the manner I’ve described, a commitment to allow the levy to also be used as a tax credit against future tax liabilities would mean that the Jobs Initiative would not be cost neutral. I cannot therefore agree to the proposal.

Banking Sector Regulation 119. Deputy Eoghan Murphy asked the Minister for Finance if he is considering alternative courses of action for lenders other than the current moratorium on the enforcement of repos- sessions. [23724/11]

Minister for Finance (Deputy Michael Noonan): The Deputy may wish to note that a Work- ing Group has been established under the Economic Management Council to consider the state of implementation of the main recommendations of the Mortgage Arrears and Personal Debt Group which published its final report in November 2010. This Group has also been asked to consider and develop further necessary actions to alleviate the increasing mortgage over- indebtedness problem. I expect that the Group will have its work completed shortly.

144 Questions— 14 September 2011. Written Answers

120. Deputy Eoghan Murphy asked the Minister for Finance further to Questions Nos. 89 and 93 of 10 May 2011 regarding employment contracts of all the senior management in financial institutions covered by the State guarantee, the stage the review has reached; when it will be completed; and if he will give details of any preliminary details. [23725/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, in April of this year, the NTMA requested a review of remuneration policies and practices by each of the covered institutions. In that regard, the institutions were asked to consider measures that could be taken to realign staff expectations with regard to remuneration and benefits in the current economic environment and financial circumstances of the banks. The review exercise is ongoing. I fully recognise that there is a real public interest in the levels of remuneration at the covered institutions and I will endeavour to have this completed in the shortest timeframe possible with a view to putting the information into the public domain.

121. Deputy Shane Ross asked the Minister for Finance if his attention has been drawn to the fact that holders of investment tracker mortgages are being aggressively pursued to give up their trackers by banks such as Permanent TSB; if he will intervene to prevent State controlled banks from indulging in such activities against mortgagors; and if he will make a statement on the matter. [23789/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank’s Consumer Protection Code requires entities regulated by the Central Bank to act honestly, fairly and professionally in the best interests of their customers. Regulated entities must not recklessly, negligently or deliberately mislead a customer as to the real or perceived advantages or disadvantages of any product or service. In accordance with common rule 12 of the Consumer Protection Code, regulated entities have to ensure that all relevant information, and in particular key information, is provided to a consumer in a clear manner. The operation of any agreement between a regulated entity and a consumer must be in accordance with the terms and conditions applying to that agreement. The Central Bank does not investigate individual complaints but if a consumer is not satisfied with the service he or she has received, he or she is entitled to make a complaint by writing directly to the firm concerned. If he or she is not happy with the response received from the regulated entity he or she is entitled to refer the complaint to the Financial Services Ombudsman who has statutory powers to investigate complaints against financial service providers. In the case of a customer experiencing financial difficulties in meeting mortgage commitments or one who is concerned that he/she is in danger of getting into financial difficulties, mortgage lenders must comply with the requirements of the Central Bank’s revised Code of Conduct on Mortgage Arrears (CCMA) which came into effect on 1 January 2011. The CCMA applies to the mortgage loan of a borrower which is secured by his or her primary residence, which is defined as a property which is the residential property which the borrower occupies as his or her primary residence in this State, or a residential property in this State which is the only residential property owned by the borrower. Under the CCMA, a lender must have a Mortgage Arrears Resolution Process in place incorporating communication with borrowers, financial information, assessment, resolution and appeals. In exploring all options for alternative repayment arrangements lenders must consider, inter alia, deferred payment, term extension, interest and partial capital payments and interest only arrangements. The CCMA states that lenders “must not require the borrower to change from an existing tracker mortgage to another mortgage type, as part of any alternative arrangement offered to the borrower”.

145 Questions— 14 September 2011. Written Answers

Debt Levels 122. Deputy Peter Mathews asked the Minister for Finance the total household debt as a percentage of GNP; the total corporate debt as a percentage of GNP; the total Government general debt as a percentage of GNP; and if he will make a statement on the matter. [23793/11]

Minister for Finance (Deputy Michael Noonan): The Central Bank’s Quarterly Financial Accounts data show that households had outstanding loans amounting to €184.9 billion in the first quarter of the year, representing 147 per cent of forecast GNP for 2011. The stock of household loans has declined by €18 billion or 9 per cent since peaking in the final quarter of 2008. The same data source reveals that non financial corporations had outstanding loans of €264 billion in the first quarter of the year, or 210 per cent of forecast GNP. The stock of such loans has contracted by €62.5 billion or 19 per cent since peaking in the final months of 2009. Of course the data also show that households and non financial corporations have significant assets as well as liabilities. In the case of households, for example, net financial wealth — the difference between assets and liabilities — was a positive €105 billion (this figure does not include housing assets). This figure has increased by 80 per cent since the first quarter of 2009. Finally, my Department has forecast General government debt of €173 billion in 2011, which would represent 111 per cent of forecast GDP (137 per cent of GNP). This is up from debt of €148.1 billion in 2010. General government debt as a percentage of GDP is forecast to peak at 118 per cent in 2013 before moderating in the following years.

Banks Recapitalisation 123. Deputy Terence Flanagan asked the Minister for Finance if he will deal with a matter regarding expenditure of public money (details supplied); and if he will make a statement on the matter. [23797/11]

Minister for Finance (Deputy Michael Noonan): As the Deputy is aware, under the previous Government, some €43.6 billion was injected into the Irish banks by the end of 2010. The Prudential Capital Assessment Review (PCAR), which was carried out by the Central Bank and reported in March 2011, identified an additional capital requirement of €24 billion. This means that the expected total capital needs in March 2011 amounted to €70.3 billion. While the Government is committed to ensuring that the banks would be fully capitalised up that level, the Government has instigated processes which have reduced and will further reduce the cost to the State. Direct contributions were sought from subordinated debt holders through burden sharing/liability management exercises (LME) and where possible, by seeking private sector investors. Prior to the PCAR, burden sharing with subordinated bondholders raised c. €9.7 billion of core tier 1 capital. Since the PCAR announcement, burden sharing with bondholders has realised an additional c. €5 billion. AIB/EBS completed their LME in July resulting in a total capital gain of €2.15 billion. Bank of Ireland announced on 8 July that it generated circa. €2 billion from LME. Further burden sharing with outstanding subordinated bondholders is expected to raise additional equity capital. Irish Life and Permanent completed their LME on 24 August with a €1bn gain from €1.2bn of subordinated debt. den sharing with outstanding subordinated bondholders is expected to raise additional equity capital. Irish Life and Perma- nent completed their LME on 24 August with a €1bn gain from €1.2bn of subordinated debt. Under the PCAR, Bank of Ireland required an additional €5.2bn of capital. In July 2011, private investors agreed to an investment of up to €1.123 billion in Bank of Ireland’s Tier 1 capital. This transaction, in addition to other equity participation from existing shareholders/bondholders of some €600m, ensured that the State’s commitment was significantly reduced while retaining a significant equity shareholding in the banks.

146 Questions— 14 September 2011. Written Answers

The commitment from the Irish State is lower than initially expected as a result of the LME exercises with subordinated bondholders conducted since 31st March 2011 and private sector investment in Bank of Ireland. Out of the total identified capital of €70.3 billion, at the end of July actual capital investment was circa €63 billion. There will be further stress tests in 2012 by the Central Bank of Ireland through a PCAR and also by the European Banking Authority. I believe that the Irish banks will have sufficient capital to meet those stress tests. Through the processes I have referred to above, the Government has ensured that the recapitalisation burden has not fallen exclusively on the Irish taxpayer. I have forwarded for the Deputy’s attention a copy of my presentation to the Oireachtas Committee on Finance, Public Expenditure and Reform on 1st September 2011 on progress made in restructuring of the banking sector.

Departmental Investigations 124. Deputy Finian McGrath asked the Minister for Finance if he will investigate any financial irregularities at Temple Bar Cultural Trust to ascertain if this asset is being managed appropriately and in the public interest with adherence to best possible practice. [23906/11]

Minister for Finance (Deputy Michael Noonan): The Temple Bar Cultural Trust is a private limited company whose shares are held by Dublin City Council and the Council is responsible for appointing its Board of Directors. Any issues specific to the Trust should therefore be raised with the Minister for the Environment, Community and Local Government in the first instance.

Proposed Legislation 125. Deputy Finian McGrath asked the Minister for Finance if new legislation was put in place or will be required in order to ratify and implement the agreement on the European financial stability facility. [23907/11]

Minister for Finance (Deputy Michael Noonan): With the approval of the Government and subject to confirmation by the Oireachtas, I signed the Amendment to the EFSF Framework Agreement on behalf of Ireland on 8th September 2011. The Amendment agreement provides for the implementation of the measures announced by the Heads of State or Government on 21 July last. These include increasing the flexibility of the EFSF in the euro area, to allow it to act on a precautionary basis, to finance the recapitalization of banks through loans to Govern- ments and to intervene in primary and secondary markets on the basis of ECB analysis. The Amendment agreement will facilitate the reduction in the interest rate charged on loans to Ireland but the actual reduction will be given effect in the EFSF Loan Agreement with Ireland. It should also be noted that the Amendment I signed on 8 September 2011 incorporates an earlier Amendment agreement of 30 June 2011 which had not yet been ratified by most euro area Member States, including Ireland. The primary purpose of the earlier amendment was to increase the effective lending capacity of the EFSF to €440 billion. This is being accomplished by an increase in the level of over-guarantee to 165% for each of the guarantor Member States. Although Ireland’s guarantee ceiling increases, it is notional in our case because we have stepped out and this is noted in the Amendment agreement. Legislation to ratify the Amendment to the EFSF Framework Agreement is being prepared for the consideration of the Oireachtas. The Bill will also provide for the amendment of the Euro Area Loan Facility Act 2010 to provide for the amendment of the (Greek) Loan Facility Agreement dated 14 June 2011. It is proposed that the Bill be published later this week and brought before the Dáil for debate next week.

147 Questions— 14 September 2011. Written Answers

Strategic Investment Bank 126. Deputy Anne Ferris asked the Minister for Finance the progress that has been made in establishing a strategic investment bank from the two pillar banks as promised in the programme for Government; the persons who will oversee the operations of this bank; the remit of this bank; and if he will make a statement on the matter. [23911/11]

Minister for Finance (Deputy Michael Noonan): As I said in a reply to questions from Deputies Tóibín and Conway on 21 July last, ensuring that a strategic investment bank is operating in the domestic banking market, providing finance to large capital projects and acting as a conduit for venture capital as well as a lender to SMEs, is an objective in the Programme for Government. A comprehensive programme of bank recapitalisation and restructuring is currently underway following my statement on the future banking landscape in Ireland at the end of March last. The essential detailed assessment and planning work to meet this objective will be accelerated once the Government’s key objectives for the renewal of the banking system, which are ahead of schedule, have been completed. This assessment will include the strategic investment bank’s relationship with the two pillar banks and the timeline for its establishment.

National Asset Management Agency 127. Deputy Michelle Mulherin asked the Minister for Finance the number of persons working at the National Asset Management Agency for each year since it was set up. [23951/11]

Minister for Finance (Deputy Michael Noonan): NAMA was established on 21 December 2009 and, by the end of that year, seven staff had been assigned to it by the NTMA. By the end of 2010, the NTMA had recruited for NAMA 104 staff with experience and expertise in the areas of lending, property, accountancy, law, banking and credit. Its current staff complement stands at 190 and it plans to recruit an additional ten staff before the end of 2011.

National Archives 128. Deputy Anne Ferris asked the Minister for Finance if funding will be made available to the National Archives to properly preserve the records of psychiatric hospitals as highlighted in a recent television programme (details supplied); if these archives will receive statutory protection; if all archives for each hospital have been investigated; and if he will make a statement on the matter. [23960/11]

Minister for Finance (Deputy Michael Noonan): The allocation of funding for the National Archives is a matter for the Minister for Arts, Heritage and the Gaeltacht. However, issues concerning the statutory protection of medical records and investigation into hospital archives are a matter for the Minister for Health in the first instance.

Tax Code 129. Deputy Brendan Griffin asked the Minister for Finance the contact he has had with mobile phone operators with a view to finding a workable mechanism for implementing a text message levy in view of the fact that a 2 cent levy would gross €240 million per annum; and if he will make a statement on the matter. [24016/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Commission for Communications Regulation (ComReg) that no projections are made for mobile telephone usage, whether calls or texts. The only basis for estimating the yield from a tax on text messages

148 Questions— 14 September 2011. Written Answers is the figures for mobile telephone usage per quarter supplied by the companies to ComReg. In the 12 months to end March 2011, the last 12 month period for which figures are available, over 12 billion SMS messages and over 43 million MMS messages were sent in Ireland, a total of over 12.192 billion messages. At those usage rates, a levy of 2 cent on such messages could raise c. €242 million per annum, which is in line with the figure indicated in the Deputy’s question. However, this potential yield does not take account of any behavioural impact if a levy was directly imposed on customers or imposed on the mobile phone companies and passed on to customers. Text messages are already subject to VAT at 21%. While any additional revenue would be welcome in the current circumstances, the wider social and economic factors which militate against the introduction of a further levy on text messages must also be taken into account. I am not aware of a similar tax anywhere else in the world. Although there are no plans to introduce such a tax at this time, and I have had no contact with the mobile telephone companies on the matter, all potential taxation measures are kept under review.

130. Deputy Brendan Griffin asked the Minister for Finance if he will consider a tax on considerable winnings; and if he will make a statement on the matter. [24024/11]

Minister for Finance (Deputy Michael Noonan): It was announced in last years Budget that the necessary arrangements are being made to ensure that bets placed on the internet by domestic punters are subject to the same level of betting duty as applies to high street betting shops. This will serve to broaden the tax base and increase betting duty receipts. The Finance Act 2011 provides for the taxation of bets that remote bookmakers enter into with persons in the State. This means, for example, that a business which engages in online bookmaking and which accepts bets from people in this country will be liable for betting duty on those bets, irrespective of where that business is based. The existing betting duty (1%) will be applied to such bets. The Finance Act also provides for the taxation of Betting Exchanges under the new arrangements; however the calculation of the tax will take account of their particular business model. In addition, excise duties are being applied to the granting and renewal of remote bookmakers’ and remote betting intermediaries’ licences. The proposed Betting (Amendment) Bill, which is being drafted at present, will establish the regulatory framework for these licences. The tax changes provided for in the Finance Act can only be implemented once the Betting (Amendment) Bill is enacted. This Bill is well advanced and it is hoped that it will be published in the autumn. I am hopeful that by including the high-growth area of the betting sector the tax base from betting will be boosted significantly. In addition, this measure conveys a positive signal to international betting operations that have expressed an interest in or have already invested in Ireland. A location with an appropriate licensing regime coupled with relatively low taxes provides real investment and employment opportunities in this sector, which ultimately can potentially be beneficial to all concerned. There are currently no plans to introduce a tax on winning bets which would represent a fundamental change to the taxation of betting to date.

131. Deputy Brendan Griffin asked the Minister for Finance if he will consider a fees and charges reimbursement facility for recent Irish emigrants returning home to visit from overseas; and if he will make a statement on the matter. [24025/11]

Minister for Finance (Deputy Michael Noonan): I understand that the Deputy is referring to airport passenger charges that apply at Irish airports. Such charges, which are regulated at Dublin Airport by the independent Commission for Aviation Regulation but otherwise set by individual airport authorities on a competitive commercial basis, are normal fees applied by

149 Questions— 14 September 2011. Written Answers

[Deputy Michael Noonan.] airports the world over for the use of facilities. They are what pay for the development and maintenance of airport infrastructure. I have no plans to consider a rebate system suggested by the Deputy.

132. Deputy Terence Flanagan asked the Minister for Finance the position regarding taxation of social protection payments; and if he will make a statement on the matter. [24034/11]

Minister for Finance (Deputy Michael Noonan): The position is that most social welfare allowances, pensions and benefits, including the carer’s allowance, awarded by the Department of Social Protection are taxable. The extent of tax due depends on the level of an individual’s tax credits. The following Department of Social Protection payments are taxable: • State Pension (Contributory); • State Pension (Non-Contributory); • State Pension (Transition); • **Illness Benefit; • Invalidity Pension; • **Occupational Injury Benefit; • **Interim Disability Benefit; • *Disablement Benefit; • Death Benefit Pension; • Widow/er’s or Surviving Civil Partner’s (Contributory) Pension; • Widow/er’s or Surviving Civil Partner’s (Non-Contributory) Pension; • Deserted Wife’s Benefit; • Deserted Wife’s Allowance; • Prisoner’s Wife’s Allowance; • One- Parent Family Payment (Unmarried parent, Separated Spouse, Prisoner’s Spouse); • Guardian’s Payment (Contributory); • Guardian’s Payment ( Non-Contributory); • Carer’s Allowance; • Carer’s Benefit; • + Jobseeker’s Benefit and Short-Term Enterprise Allowance (first €13 per week excluded); • Unemployability Supplement (payable with Disablement Pension); • Blind Pension; • Constant Attendance Allowance (payable with Disablement Pension). • When payable in the form of a pension rather than a once-off payment. • + Jobseeker’s Benefit paid to systematic short-term workers is exempt. • ** Illness/Interim/Injury Benefit payable for the first 6 weeks of each year and any child dependent element of benefit is exempt from tax.

150 Questions— 14 September 2011. Written Answers

County Flags 133. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if his attention has been drawn to the fact that in the Upper Yard, Dublin Castle, the display of flags with county colours includes 26 and not 32 counties; if he will ask the Office of Public Works to rectify this and to ensure that all 32 flags are included. [24052/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): The number of flags displayed at any one time in the Upper Courtyard of Dublin Castle is dictated by the number of flagpoles available. At present 28 flagpoles are available representing the members of the EU and the EU flag which are flown during the EU Presidency. The flags of the 32 counties are currently flown in rotation. It is not planned to erect any further flagpoles at present.

National Asset Management Agency 134. Deputy David Stanton asked the Minister for Finance his plans to complete housing estates and other developments under National Asset Management Agency control; and if he will make a statement on the matter. [24137/11]

Minister for Finance (Deputy Michael Noonan): NAMA participated in the Working Group set up by the Government to examine the issue and extent of unfinished estates in Ireland. The Group’s report was published by the Minister for Housing in June 2011.That report identified 2,800 unfinished estates that were categorised by reference to the extent to which they required remediation work. The report identified about 225 Category 4 estates which were considered to require immediate remedial attention. NAMA debtors have loans with an exposure to 31 of those Category 4 estates. I am informed by NAMA that is has committed, through its debtors, the cost of essential urgent works on these sites. It instructed a surveyor to carry out an initial assessment of the required works to meet the public safety initiative, and then each debtor/site owner was requested to liaise with the Local Authority to assess what works needed to be carried out urgently and the estimated cost of such works. Based on this assessment, it was estimated that funding of €3m was required for urgent remedial work. Site resolution plans are currently being prepared and consultation is taking place with various local authorities in relation to sites within their areas. NAMA is considering proposals and 15 site resolution plans are under review.

State Claims Agency 135. Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the amount spent on legal fees by the State Claims Agency in each of the past five years. [24186/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the State Claims Agency that the amount spent on legal fees by the Agency in each of the past five years is as follows:

Legal Costs 2006 (€m) 2007 (€m) 2008 (€m) 2009 (€m) 2010 (€m)

Defence Legal Costs 3.9 4.7 8.2 8.6 12.0 Plaintiff Legal Costs 5.0 3.3 10.4 12.8 18.1

Total 8.9 8.0 18.6 21.4 30.1

The legal cost of the clinical claims portfolio has been increasing since 2008 due in particular to the resolution of high settlement value claims associated with cerebral palsy and other serious birth-related events. The legal costs associated with the Employers’ Liability, Public Liability and Property Damage Claims portfolio have remained at €4 million — €5 million per annum since 2008. 151 Questions— 14 September 2011. Written Answers

Question No. 136 answered with Question No. 97.

Motor Fuels 137. Deputy David Stanton asked the Minister for Finance if he is satisfied with the procedures and practices used by officers of the Revenue Commissioners to take fuel samples from motor vehicles under section 134(1)(b) of the Finances Act, 2001 relating to the enforcement of mineral oil tax legislation, do not risk causing damage to the operation of vehicles; if he will consider the introduction of a statutory alternative manufacturer approved sampling regime (details supplied); and if he will make a statement on the matter. [24194/11]

Minister for Finance (Deputy Michael Noonan): I am informed by the Revenue Commis- sioners, who are responsible for the collection of mineral oil tax and for tackling the illicit trade in mineral oil products, that their officers are empowered under section 134 and 135 of the Finance Act 2001 to stop vehicles for the purpose of examining and taking fuel samples. The Revenue Commissioners office continually review the sampling procedures and practices employed by Revenue’s officers in the course of Revenue as well as multi-agency road check- points. Such sampling is carried out in accordance with Revenue’s Health and Safety guidelines and international best practice. Revenue officers are all fully trained in oil sampling techniques. Revenue monitors developments in the motor industry and in the road haulage sector on an ongoing basis and provide appropriately updated sampling equipment for its officers. Where particular technical difficulties are identified with regard to the sampling of newer model vehicles, Revenue’s enforcement service procures compatible sampling equipment from the vehicle distributors in question. There are no plans at this time for the introduction of a statutory alternative manufacturer approved sampling regime.

Departmental Expenditure 138. Deputy Denis Naughten asked the Minister for Finance the number of staff and respective budget of each regulator under his responsibility; and if he will make a statement on the matter. [24234/11]

Minister for Finance (Deputy Michael Noonan): The following is the list of replied that we have received to date. The complete list will be forwarded to the Deputy within the next few days.

Financial Services Ombudsman

Budget for 2011 Staff Numbers

€5,820,000 34

Financial Services Ombudsman Council

Budget for 2011 Staff Numbers

Nil Nil

The Irish Financial Services Appeals Tribunal

Budget for 2011 Staff Numbers

€382,863 None

152 Questions— 14 September 2011. Written Answers

School Staffing 139. Deputy Pat Deering asked the Minister for Education and Skills if he will extend the time line beyond the current 12 month period to allow special needs assistants who have had their working hours changed to apply for part redundancy. [22691/11]

Minister for Education and Skills (Deputy Ruairí Quinn): There are no plans to extend the current time limit allowed to apply for payments under the Redundancy Scheme for Special Needs Assistants.

Apprenticeship Programmes 140. Deputy Peadar Tóibín asked the Minister for Education and Skills his plans to assist a person (details supplied) to complete their apprenticeship. [22874/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): My Department has been in contact with FÁS about the case in question. I understand that FÁS will be introducing shortly a Competency Determination Mechanism to enable eligible redundant apprentices in the trade of Brick & Stonelaying to complete their apprenticeship. This will provide redundant apprentices with the opportunity to demonstrate their skills and knowledge against the occupational standard for the specified trade. Those who successfully pass the Competency Determination Mechanism will be progressed for the award of the FETAC Level 6 Advanced Certificate — Craft. To be eligible for the Competency Determination Mechanism redundant apprentices must meet the following criteria: be redundant as an apprentice as notified by their employer and be registered with FÁS Employment Services; have successfully completed all Phases 1-7 inclusive, reaching the minimum standard; and have not completed 4 years in employment as an apprentices in the trade I also understand that FÁS intend to invite eligible redundant apprentices to register their intent to participate in the Competency Determination Mechanism in the near future.

School Transport 141. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will assure the public that all the funding provided to his Department for transporting school children to schools is used for that purpose only and not redistributed to other sectors of our public transport service; and if he will make a statement on the matter. [22895/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The school transport scheme, which is operated by Bus Éireann on my Department’s behalf, facilitates the transportation of some 120,000 children to primary and post-primary schools each day including approximately 8,000 children with special educational needs. School transport is a very significant national operation involving about 42 million journeys and over 82 million kilometres on 6,000 routes every school year. This service is delivered using a mix of Bus Éireann, both school transport and road passenger vehicles, private contractor vehicles including private operator scheduled services, and Dublin Bus, Irish Rail, DART and LUAS where practical. The 2011 allocation to my Department for the provision of School Transport is almost €180m. I can assure the Deputy that expenditure from this allocation is used solely for the provision of school transport in accordance with the terms of the school transport schemes.

153 Questions— 14 September 2011. Written Answers

Departmental Staff 142. Deputy Terence Flanagan asked the Minister for Education and Skills if she will comment on a matter (details supplied) regarding FÁS; and if he will make a statement on the matter. [22973/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): A pre-retirement leave policy was introduced by FÁS a number of years ago. The Board of FÁS cancelled this policy in March 2010. However, the Union referred the matter to the Labour Court, and the Labour Court recommended that the arrangement be re-instated to allow for due process. It further recommended that discussions on the future of the pre-retirement leave policy begin immediately with a view to bringing the pre-retirement arrangements in FAS into line with arrangements in comparable agencies within the Public Sector. I understand that as no agreement has been reached between FÁS and the unions, the matter has been referred back to the Labour Court, which will hold a hearing on the matter on 23 September.

Departmental Agencies 143. Deputy Terence Flanagan asked the Minister for Education and Skills his views on a matter (details supplied) regarding the rebranding of FÁS to SOLAS; and if he will make a statement on the matter. [23057/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): In July 2011, the Government decided that a new further education and training authority, to be called SOLAS, should be established. SOLAS will operate under the aegis of the Department of Education and Skills, and will co-ordinate and fund the wide range of further education and training programmes around the country. The establishment of SOLAS, the disbanding of FAS and making VECs responsible for the delivery of Further Education and Training programmes to learners is the most significant change in Further Education and Training in decades. It does not merely involve rebranding. The branding of SOLAS is a small but necessary part of the significant change management process that is involved. This will be one of the issues for consideration by the SOLAS Implementation Group which has been set up to oversee the process. Particular care will be exercised to ensure that the costs associated with the rebranding will not be excessive. There are currently no plans for compulsory redundancies in FÁS, nor are there any plans to recruit additional staff.

Jobs Iniative 144. Deputy Patrick O’Donovan asked the Minister for Education and Skills if the 20,900 additional training places announced in the jobs initiative will encompass those in the tourism and hospitality industry. [23138/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The Jobs Initiative which was announced in May 2011, does encompass a level of training provision for those in the tourism and hospitality industry.

Higher Education Grants 145. Deputy Michael Healy-Rae asked the Minister for Education and Skills the reason a person (details supplied) in County Kerry was refused a higher education grant; and if he will make a statement on the matter. [23195/11]

154 Questions— 14 September 2011. Written Answers

181. Deputy Michael Healy-Rae asked the Minister for Education and Skills the reason a person (details supplied) in County Kerry was refused a higher education grant; if he will confirm this person’s residency status; and if he will make a statement on the matter. [23196/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 145 and 181 together. I understand that in the case referred to by the Deputy, an application for a grant made to the student’s local authority was unsuccessful and that in a subsequent appeal made to the local authority the original decision was upheld. I also understand that a further appeal was made to the Department and the decision of the awarding authority was upheld on the grounds that the candidate in question did not meet the nationality requirements of the grant scheme. The specific clause relating to nationality in the 2010/11 student grant schemes stipulates that 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 be a person, pursuant to the European Communities (Eligibility for Protection) Regulations 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 Regulations, 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 as a family member of a Union citizen under the provisions of the European Communities (Free Move- ment of Persons) Regulations 2006 and 2008 and Directive 2004/38/EC of the European Parlia- ment and of the Council; or have permission to remain in the State by virtue of marriage to an Irish national residing in the State, or be the dependent 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.

Gaelscoileanna 146. Deputy Terence Flanagan asked the Minister for Education and Skills if he will deal with a matter (details supplied) regarding the current policy on gaelscoileanna; and if he will make a statement on the matter. [23539/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The standardisation of the staffing schedule for Gaelscoileanna so that it is the same as that which applies to primary schools generally was one of a number of measures introduced in Budget 2011 by the previous government to control and reduce teacher numbers. These changes came into effect from September 2011. Given the financial constraints in which this country now finds itself, it is not possible to reverse these changes.

School Enrolment Age 147. Deputy Terence Flanagan asked the Minister for Education and Skills his views regarding the raising of the school age to five years; and if he will make a statement on the matter. [23752/11]

155 Questions— 14 September 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): The compulsory school starting age is 6 years of age and a child must be at least 4 years of age before she/he may be enrolled in a primary school. A proposal to raise the school starting age to 5 years was one of a range of budgetary savings options that were put forward to the previous government as a means of reducing teacher payroll costs. This measure was not implemented.

School Accommodation 148. Deputy John McGuinness asked the Minister for Education and Skills his plans to provide new school accommodation in the Tallaght region of Dublin; and if he will make a statement on the matter. [23878/11]

Minister for Education and Skills (Deputy Ruairí Quinn): In June this year, I announced that 20 new primary and 20 new post-primary schools are to be established in the next six years across a number of locations. This announcement included a proposal to establish new primary schools in the Tallaght region. My Department has recently informed patron bodies of these new schools to be established and has invited appliactions for patronage of same. Arrangements for the delivery of accommodation for these schools is currently underway. In addition to these new schools a number of extension projects may be required to existing schools to meet the demand for increasing pupil numbers.

EU Funding 149. Deputy Finian McGrath asked the Minister for Education and Skills in view of the fact that Dell European flobal adjustment fund programme is now concluded, if he will indicate the percentage of the allocated funds that will be returned unused to the European Com- mission. [23908/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): My Department has to date paid €5,550,306 in funding in respect of EGF co-financed measures relating to the support of redundant workers under the Dell EGF programme. The programme has approved EU co-financing under the EGF of €14.8m and another €8m allocated from national sources. The Dell EGF programme concluded on 28 June 2011. A number of payment claims from various service providers are currently either being processed or are still awaited by the Depart- ment, including a claim from FAS for the entirety of its activities under the EGF programme since 2009. A number of these claims are or will be for expenditure of significant amounts. As final claims have not all yet been received and as a final statement of eligible expenditure is not required by the European Commission along with a Final Report on the Dell EGF programme until 29 December 20011, I am not currently in a position to indicate the percentage of funds that will ultimately be returned to the EU. However, a significant portion of the EU funding is likely to be returned under this programme.

150. Deputy Finian McGrath asked the Minister for Education and Skills the measures that have been put in place to ensure that the total funding approved under the construction industry application for the European global adjustment fund will be spent, in particular the measures that he has taken to front load the spending to the individual workers who have lost their jobs; and if he will make a statement on the matter. [23909/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The EU budgetary authorities, in the first instance the European Commission, has not to date

156 Questions— 14 September 2011. Written Answers approved the three applications submitted by my Department for EGF co-financing, which contain various active labour market measures in support of certain identified workers made redundant between 1 July 2009 and 31 March 2010 in the construction sector. However, in anticipation of EU approval in due course, a number of measures, for which EGF co-financing is being sought, are already being provided by the relevant service providers and funded from national sources. These measures include guidance, training, apprenticeship progression, further and higher education and enterprise supports. Subject to EU approval of the EGF applications, further measures will be provided or intensified as necessary and relevant. My Department has put in place co-ordination mechanisms to ensure that all relevant issues are addressed, including spend, in order to maximise the impact of the EGF in this area.

School Transport 151. Deputy Niall Collins asked the Minister for Education and Skills the 2011/2012 school bus transport arrangements for a school (details supplied) in County Cork. [22686/11]

159. Deputy Niall Collins asked the Minister for Education and Skills the 2011/2012 school bus transport arrangements for a school (details supplied) in County Cork [22709/11]

196. Deputy Niall Collins asked the Minister for Education and Skills the 2011/2012 school bus arrangements in respect of a school (details supplied) in County Cork [23410/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): I propose to take questions 151, 159 and 196 together. Bus Éireann, which operates the School Transport Schemes on behalf of my Department, has advised that three school transport services are continuing to operate to the school in question for the current school year.

School Staffing 152. Deputy Niall Collins asked the Minister for Education and Skills if he will reverse the decision to reduce the number of special needs assistants at a school (details supplied) in County Cork. [22689/11]

157 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.]

The NCSE has now advised all mainstream schools, including the school referred to by the Deputy in County Cork, of their SNA allocation for the current school year, taking into account the care needs of qualifying pupils attending the school. I wish to clarify for the Deputy that SNA allocations are not permanent, as the level of SNA support allocated to a school may be increased or decreased as pupils who qualify for SNA support enrol or leave a school. They are also decreased where a child’s care needs may have diminished over time. I also wish to clarify that the recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised. The NCSE will advise schools early in the new school year of any review process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department’s policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. It will be expected that schools, before requesting a review, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

153. Deputy Áine Collins asked the Minister for Education and Skills his plans to set up a panel system similar to that currently being used by national school teachers for special needs assistants. [22690/11]

Minister for Education and Skills (Deputy Ruairí Quinn): It is important to note that Special Needs Assistant (SNA) allocations are not permanent, as the level of SNA support allocated to a school may be increased or decreased as pupils who qualify for SNA support enrol or leave a school. They are also decreased where a child’s care needs may have diminished over time. The recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. The Board is the SNA’s employer and the terms of employment are subject to the conditions of the contract of employment. There are therefore presently no plans to introduce a panel system for SNAs. However, the Deputy will be aware that my Department has recently published a Value for Money (VFM) and Policy Analysis review of the Special Needs Assistant scheme. This review is available on my Departments website: www.education.ie. The Value for Money review recommended that the Department of Education and Skills should consider conducting a cost benefit analysis, to establish if the introduction of a regional redeployment scheme for SNAs would lead to greater economic efficiency. It also recommended that alternative employment models for SNAs that could achieve greater administrative efficiencies and provide greater employment certainty for SNAs should be considered by the DES. My Department is currently establishing a working group which will consider and implement the recommendations of the SNA Value for Money report. In the interim, a Special Needs Assistant whose post is surplus to the approved allocation to the school may be entitled to a redundancy payment under the terms of circular 58/2006 —

158 Questions— 14 September 2011. Written Answers titled Redundancy Arrangements for Special Need Assistants. Support to SNAs who may have been made redundant is provided for within the terms of this scheme.

154. Deputy Finian McGrath asked the Minister for Education and Skills if he will not cut resource hours for a pupil (details supplied) in Dublin 24 [22694/11]

Minister for Education and Skills (Deputy Ruairí Quinn): 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 schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. Circular 37/2011 provides information to schools regarding the arrangements which are being put in place for the 2011/12 school year for the allocation of Resource Teaching hours for children with assessed special educational needs. In relation to the allocation of individual Resource Teaching hours, the position is that for the coming 2011/12 school year, an allocation of 90% of valid identified resource teaching allocations has been made by the NCSE to schools, including the school referred to by the Deputy in Ballyboden, in the first instance, to provide schools with the majority of their allocation, while also preserving enough capacity to deal with late applications and ensure that the Department of Education and Skills can remain within Employment Control Framework obligations. Schools have now been asked to forward as soon as possible any outstanding applications, or additional outstanding materials to support incomplete applications, to the NCSE for consideration, but in any event by no later than 16th September 2011. Following the receipt of all such applications, consideration will be given as to whether there is potential to revise the 90% allocation previously given to schools, and also the extent to which new Resource Teaching allocations can be made, taking into account the number of valid new applications received and in the context of my Departments Employment Control Framework obligations.

School Staffing 155. Deputy Charles Flanagan asked the Minister for Education and Skills if an application of a person (details supplied) in County Offaly will be included on the supplementary panel for primary school teachers, in view of the fact that this applicant has been a full-time primary school teacher for a period of seven years prior to their transferring to a temporary position; and if he will make a statement on the matter. [22699/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The primary redeployment procedures are published on my Department’s website. Under these procedures, my Department provides supplementary panel rights for eligible fixed-term teachers who are currently employed in a primary school with between three and five years temporary service. The teacher referred to by the Deputy, does not meet these requirements and has been advised accordingly.

School Placement 156. Deputy James Bannon asked the Minister for Education and Skills the position regarding school placement in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [22703/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The question of enrolment in individual schools is the responsibility of the managerial authority of those schools. My Depart-

159 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] ment’s main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice. It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act, 1998. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Section 29 of the Education Act 1998, provides parents with an appeal process where a board of management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Vocational Educational Committee or to the Secretary General of my Department. The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The Board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700.

157. Deputy James Bannon asked the Minister for Education and Skills the measures that will be put in place to educate a person (details supplied) who has been refused a place at their local primary school; and if he will make a statement on the matter. [22705/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Depart- ment’s main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15(2)(d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected. Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld. The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB may be able to offer assistance and advice on securing a school placement within the pupil’s area. The contact details for the NEWB in Longford is National Educational Welfare Board, Unit 19 Sandyfort Business Centre, Grealishtown, Bohermore Galway, phone number 091- 385302. My officials understand from the NEWB that the child in question has secured a school place.

160 Questions— 14 September 2011. Written Answers

Education Schemes 158. Deputy James Bannon asked the Minister for Education and Skills the reason a person (details supplied) in County Longford did not qualify under the HEAR scheme; and if he will make a statement on the matter. [22706/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Higher Education Access Route (HEAR) is a third-level admissions scheme for students from socio-economically disadvantaged backgrounds. The scheme is operated by a number of higher education institutions and not by my Department. Admissions to the institutions under this programme are regulated by the institutions themselves. The Deputy may wish to contact the Irish Universities Associ- ation, which operates the HEAR scheme on behalf of participating institutions. Further details are available at www.accesscollege.ie

Question No. 159 answered with Question No. 151.

School Transport 160. Deputy Pat Breen asked the Minister for Education and Skills if a person will be facilitated (details supplied) in County Clare; and if he will make a statement on the matter. [22710/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Bus Éireann, which operates the School Transport Scheme on behalf of my Department, has advised that the service referred to by the Deputy has been rerouted. As a result, the bus pick up and set down points have been revised to accommodate the pupils in question.

Departmental Expenditure 161. Deputy Shane Ross asked the Minister for Education and Skills the amount of money that was spent on taxis by his Department in the past year; the amount that has been provided for in the next year for taxi services for his Department; the times at which taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22721/11]

183. Deputy Shane Ross asked the Minister for Education and Skills the amount his Depart- ment has spent on taxis for staff and for others in each of the past four years. [23296/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 161 and 183 together. The following table shows the total cost of taxi hire met by my Department in the past four years (2007- 2010).

Year €

2007 71,999.07 2008 71,762.02 2009 50,777.69 2010 43,055.91

Taxis used by my Department’s officials are strictly for business purposes and staff members are required to ensure that every effort is made to minimise the use of taxis. The costs of taxi 161 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] hire as indicated above are met through departmental accounts with taxi hire firms in Dublin and through reimbursements of vouched domestic and foreign travel claims from staff travelling on official business. Taxi hire for official travel is only permitted where: the number of officers travelling make taxi hire cheaper than other forms of public transport; no suitable public transport alternative is available or; using other forms of public transport is not possible/practical. Receipts must be furnished for all official travel, including taxi hire, undertaken by staff. While it is not possible to accurately predict the potential future costs of taxi hire for official purposes, it is not anticipated that the expenditure for 2011 will exceed expenditure for the previous year. My Department regularly monitors the costs of taxi hire for official business purposes, whether on account or arising from personal hire for which a refund is subsequently claimed. My Department does not meet the cost of taxi hire by individuals or staff of external agencies or bodies visiting my Department.

Special Educational Needs 162. Deputy Finian McGrath asked the Minister for Education and Skills if he will provide figures on a matter (details supplied) regarding special needs assistants. [22804/11]

Higher Education Grants 163. Deputy Catherine Murphy asked the Minister for Education and Skills his plans to introduce any measures to alleviate the financial pressures on mature students who will suffer the combined effect of the removal of the non-adjacent grant and the extension of the non- adjacent area; and if he will make a statement on the matter. [22815/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The economic circumstances of the country are such that I am not in a position to reverse or vary any of the changes to the student grant schemes introduced by the last Government and funding is not available to me for any new student support measures. However, students on particularly low incomes will continue to receive a “top-up” in the special rate of grant under the student grant scheme and students in exceptional financial circumstances can apply for assistance under the Student Assistance Fund. Information on the Fund is available through the access offices of third-level institutions. The access offices themselves will also continue to provide support and advice to students to enable them to continue with their studies.

Arts Plan 164. Deputy Sandra McLellan asked the Minister for Education and Skills how he plans to use primary and secondary level schools to increase participation in the arts; and if he will make a statement on the matter. [21797/11]

162 Questions— 14 September 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): Arts education (visual arts, music and drama) is one of the seven curriculum areas that comprise the primary curriculum, which was revised in 1999. Therefore all primary school children have access to an arts programme. At second level there are approved syllabuses for Junior Certificate in Music and Art, Craft and Design. In the senior cycle there are syllabuses in Music and Art. Modules in the Arts are also available as part of the Leaving Certificate Applied. In the Transition Year programme, schools offer a variety of modules which stimulate pupils’ interest in the Arts in general and which, in many cases, give them the opportunity to interact with practising artists in their own classrooms and in other contexts. In addition to supporting curricular provision for the arts at primary and second level, my Department aids the arts through the provision of some 68,000 teaching hours to a number of schools of music operated by VECs and through co-operation (teaching) hours to VECs which support work with other institutions. In addition, two Music Education Partnerships are funded in Donegal and Dublin City VECs. A further initiative in Music for young people of school age has been launched by Music Generation, a subsidiary company of Music Network, supported by donations from U2 and the Ireland Funds. The programme is aimed at providing access to vocal and instrumental music education for children and young people. The Artists in School Guidelines, developed jointly by the Arts Council and my Department, and issued to all schools in 2006, are an important resource in informing schools of how best to plan, implement and evaluate partnerships with local artists and organisations which will provide stimulating and interesting learning experiences for children. This type of initiative could be further strengthened through work experience programmes in schools for arts graduates.

School Transport 165. Deputy Michael Healy-Rae asked the Minister for Education and Skills if he will provide an itemised breakdown on all costs covered in the 13% fee that Bus Éireann charges his Department relating to school transport, which amounted to more than €18 million in 2010 and 2011; and if he will make a statement on the matter. [22887/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The factual position is that the school transport scheme administration heading, within the Bus Éireann school transport independently audited annual accounts, has in fact reduced from €18.7 million in 2009 to €16.7 million in 2011 (-10.7%). This categorisation is a legacy from the original 1970’s agreement and originally it was a charge of 13% on certain defined costs. This figure covers some indirect costs, indirect support costs, indirect regional costs, property and a contribution. A more detailed breakdown of the administration heading is available on my Department’s website and as set out below. I should add that the full school transport accounts for the 1999-2010 period are also available on the Department website. Bus Éireann has committed to finding further cost reductions over the next three years. School Transport Scheme “Admin Heading” This categorisation and treatment is a legacy from the original 1970’s agreement. Originally it was a charge of 13% on certain defined Direct Costs. More recently this charge has reduced following negotiations between the Department of Education and Skills and Bus Éireann. In reality this covers 1) Some Direct costs

163 Questions— 14 September 2011. Written Answers

[Deputy Ciarán Cannon.]

2) Indirect support costs 3) Indirect regional costs 4) Property 5) Contribution It should in fact be described as a Transport Management Charge and Indirect Costs. This charge has been reduced from €18.7m in 2009 to €16.7m (10.7%) in 2011 and Bus Éireann has committed to finding further cost reductions over the next three years. An apportionment of the overall company total of these costs is allocated to the School Trans- port Scheme. A detailed breakdown of 2010 costs is set out in the following table:

No. Actual 2010 €m

1. Direct Element 3.8 2. Indirect Support 2.8 3. Indirect Regional 4.5 4. Property 2.5 5. Bus Éireann Contribution 4.6

Total 18.2

1. Direct Element This includes direct costs not included in the School Transport Account , a significant amount of which is for pension costs but it also includes other direct costs such as insurance and support, security and development of Information Technology and Telecoms services. An apportionment of the company total is allocated to the School Transport Scheme. 2. Indirect Support This includes indirect support costs such as Finance, Human Resources, non payroll costs of School Transport Head Office, PR support and communications, advertising and community sponsorship measures, internal and external audit, corporate governance, legal and regulatory affairs, vetting, training, planning, implementation of plans and review, development of cost saving measures, central industrial relations, disciplinary and grievance procedures, complaints handling, treasury planning, safety and risk planning / monitoring, accident investigation and follow up, strategic direction, severe weather planning and liaison, Irish language, data protection, Gardaí and emergency service liaison, quality of standards setting, ensuring implementation of International best practice, regional co-ordination, etc. An apportionment of the total charge to the company of these costs is allocated to the School Transport Scheme. 3. Indirect Regional This includes indirect regional costs incurred at the eleven local offices throughout Ireland, which provide services for both road passenger and school transport services and administration which include costs as described above at a regional level and costs such as payroll and procurement, building maintenance, cleaning and security, rates, utilities, clothing, regional training, cash security, health and safety, postage, stationery and printing, telephone costs, Accident and Incident investigation and follow up, industrial relations, disciplinary and grievance procedures, complaints handling, fuel monitoring, severe weather planning and liaison, community liaison, local authority, Gardaí and emergency service liaison. An apportionment of the total charge to the company of these costs is allocated to the School Transport Scheme. 164 Questions— 14 September 2011. Written Answers

4. Property Property is required throughout the country in order to deliver the service required for the operation and management of the School Transport Scheme. A significant amount of CIÉ property is placed at the disposal of Bus Éireann for this purpose. An apportionment of these costs is allocated to the School Transport Scheme. Properties used in the School Transport Scheme are in most cases shared locations used for both the School Transport services and administration and Road Passenger activities. In some locations the properties are also used by both Bus Éireann and Iarnród Éireann/Irish Rail. In total there are 16 operational / administrative properties and 15 maintenance facilities throughout the country. School Transport is such a significant proportion of the activities of Bus Éireann that in the event that the company no longer operated the scheme, it is likely that all the company’s property used for these purposes would have to be reviewed. 5. Bus Éireann Contribution This provides funds for: • Specific capital investment in School Transport services and administration for example IT to deliver future cost savings. • Portion of general capital investment for example garage equipment that serves all three businesses — Commercial, PSO and School Transport. • Reduction of cost base through voluntary severance for schools staff (direct and support). • Return to risk associated with School Transport business. Depreciation and Interest This is the charge for Depreciation and interest on vehicles funded by the company. As at 31 December 2010 there were 578 vehicles in the School Transport fleet.

Special Educational Needs 166. Deputy Regina Doherty asked the Minister for Education and Skills his policy on edu- cating children with autism; if this Deputy will be furnished with a copy of same; the research underpinning same; and the date it was originally published. [22919/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy will be aware that policy can be expressed and manifested through a variety of forms. Explicitly, it is communicated via legislation, regulations, rulings, orders, plans, strategies, policy statements, and other forms — or through a combination of these. Therefore the Deputy will appreciate that specific policies and objectives are not always articulated in just one document. In response to a previous request from the Deputy regarding my Department’s policy on autism I outlined how my Department strives to ensure that a continuum of special education provision is available as required for children with special educational needs. In line with this approach the policy is to promote a child-centred approach to education of all children with special educational needs including those with autism. As each child with autism is unique they should have access to a range of different approaches to meet their individual needs. Children with autism present with a wide range of needs. Some children are capable of being fully integrated into mainstream schools without additional teaching or care supports. Others are able to attend mainstream schools but need additional teaching and/or care assistance. Many are best enrolled in autism-specific classes where more intensive and supportive inter-

165 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] ventions are required. Some may move from one setting to another as they get older and differing needs/strengths/abilities emerge. The preferred policy of my Department is that children with autism are educated in school settings where children may have access to individualised education programmes (IEPs), fully- qualified professional teachers, special needs assistants, the appropriate school curriculum with the option, where possible and appropriate, of full or partial integration and interaction with other pupils. Autism classes are established with a staffing ratio of 1 teacher and a minimum of 2 Special Needs Assistants (SNAs) for every 6 children. Other SNAs may be allocated if required to meet the care needs of the children. Start-up grants are provided to the schools to enable special equipment to be purchased. Enhanced capitation is paid in respect of each child and assistive technology is funded where this is recommended. This approach promotes the maximum level of inclusion which accords with the intent of the EPSEN Act. While some children may be able to attend a mainstream class, for others the most appropriate provision may be in a special class or unit in the school or in a special school. My Department supports provision in mainstream schools, some 430 special classes for autism attached to mainstream and special schools and 18 special schools for children with autism throughout the State which cater for the educational needs of some 5,000 children with autism, all of which operate within the policy parameters. This policy is based on advice received from international experts on autism, NEPS, the Inspectorate and the report of the Irish Task Force on Autism. My Department is satisfied that research does not support the exclusive usage of any one approach as a basis for national educational provision for children with autism. It is for this reason that my Department’s preferred policy is for a child centred approach where the approach to be taken is based on the individual child’s needs. In arriving at the preferred policy which is currently in place, my Department has considered published research, including the Report of the Task Force on Autism (2001) and the Evaluation of Educational Provision for Children with Autistic Spectrum Disorders (2006), both of which are available on my Depart- ment’s website has also informed the policy. My Department was also mindful of contributions of many others experts at international conferences/visits have also informed the development views.

FÁS Training Programmes 167. Deputy Patrick O’Donovan asked the Minister for Education and Skills if all fees collected by FÁS for FETAC certification of the construction skills certification scheme have been paid in full to FETAC; when they were paid in full and the sum that payment amounts to since the scheme began in 2002. [22931/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): In November 2010, FÁS and FETAC agreed the scope, waivers and payment of certification fees from April to December 2009, for 2010 and thereafter. Prior to April 2009, FÁS was not required to pay certification fees to FETAC. In March 2011 FÁS paid the full amount of monies due to FETAC for all FETAC Construction Skills Certification Scheme and Quarry Skills Certification Scheme awards, for 2009 and 2010. This amounted to €382,580. To date for 2011, 4,033 CSCS/QSCS Awards have been issued and certificate fees amount to €80,660. Payment of these fees will be made in the final quarter of 2011.

Departmental Funding 168. Deputy Pádraig Mac Lochlainn asked the Minister for Education and Skills the position

166 Questions— 14 September 2011. Written Answers regarding funding for the Irish Centre for Talented Youth; and if he will reverse the discontinu- ation of this funding. [22963/11]

Minister for Education and Skills (Deputy Ruairí Quinn): In view of the serious financial situation I regret that I do not have the resources to restore funding for the Irish Centre for Talented Youth. Given the current challenging economic climate, difficult choices will have to be made in order to further reduce public sector spending in line with the EU/IMF arrangements.

169. Deputy Terence Flanagan asked the Minister for Education and Skills if there is a permanent funding stream from his Department for a law centre (details supplied) in Dublin 17; and if he will make a statement on the matter. [22978/11]

Minister for Education and Skills (Deputy Ruairí Quinn): There is no funding available from my Department towards the costs of the law centre referred to by the Deputy. My Department does provide supports to eligible students attending specific courses in law at the Law Society of Ireland or the Honourable Society of King’s Inns under the maintenance grant schemes. However, no funding is provided to these institutions towards the cost of their operations.

School Transport 170. Deputy Michael Healy-Rae asked the Minister for Education and Skills the steps he will take to provide school transport for persons (details supplied) in County Kerry; and if he will make a statement on the matter. [23016/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Changes in the School Transport Scheme were announced by the previous Fianna Fáil-Green Party Government and derive from recommendations in the Value for Money Review of the scheme. One of the changes announced included the increase from seven to ten in the minimum number of eligible pupils, residing in a distinct locality, required to establish or retain a school transport service. Bus Éireann, which operates the school transport schemes on behalf of my Department, has advised that in this case, the number of applications from eligible pupils has fallen below the minimum number requirement and consequently the service will not operate for the 2011/12 school year. As is currently the position, families of eligible pupils, for whom there is no school transport service available, may apply for a remote area grant towards the cost of making private transport arrangements. It is essential to stress that the wider context within which these changes are taking place, is a situation of the most serious financial difficulties. Under the four year recovery plan, there is a requirement to deliver savings of €17 million on the school transport budget and these measures are an integral part of this.

Third Level Remuneration 171. Deputy Patrick O’Donovan asked the Minister for Education and Skills the number of persons employed in third level educational institutions who are paid in excess of €150,000, €200,000 and €250,000; the names of the institutions employing them; the numbers in each institution earning above that figure; and if he will make a statement on the matter. [23072/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy is listed in the following table and is based on information supplied by each of the Institutions concerned.

167 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.]

Institution €150,000—€199,000 €200,000—€249,000 €250,000+

Dublin Institute of Advanced Studies 4 0 0 UCD 13 17 1 UCC 12 34 0 NUIG 10 21 0 NUIM 4 0 0 TCD 13 20 2 University of Limerick 8 5 0 Dublin City University 11 0 0 NCAD 1 0 0 Athlone IT 1 0 0 Blanchardstown IT 1 0 0 Carlow IT 1 0 0 Cork IT 2 0 0 DIT 100 Dundalk IT 1 0 0 DunLaoghaire IADT 1 0 0 Galway Mayo IT 1 0 0 Letterkenny IT 1 0 0 Limerick IT 1 0 0 Sligo IT 1 0 0 Tallaght IT 1 0 0 Tralee IT 1 0 0 Waterford IT 1 0 0

Total 91 97 3

Special Educational Needs 172. Deputy Terence Flanagan asked the Minister for Education and Skills if he will provide an extra special needs assistant in the case of a person (details supplied) in Dublin 13; and if he will make a statement on the matter. [23077/11]

Special Needs Assistant support to eligible schools. The NCSE has now advised all mainstream schools, including the school referred to by the Deputy in Baldoyle, of their SNA allocation for the current school year, taking into account the care needs of qualifying pupils attending the school. I wish to clarify that the recruitment and deployment of SNAs within schools are matters for the individual Principal/Board of Management. SNAs should be deployed by the school in a manner which best meets the care support requirements of the children enrolled in the school for whom SNA support has been allocated. It is a matter for schools to allocate support as required, and on the basis of individual need, which allows schools flexibility in how the SNA support is utilised. The Deputy will also be aware that SNA allocations are provided, in accordance with the terms of my Departments Circular 07/02, to provide for the care needs of qualifying pupils with special educational needs. The SNA role does not provide for teaching of a child, which is the role of the class teacher, or which may be supported by an additional resource teaching allocation. The NCSE will advise schools early in the new school year of any review process to review allocation decisions to ensure that correct procedures were followed and that they comply with my Department’s policy. The merits of individual allocation decisions will not be open to appeal under this mechanism. It will be expected that schools, before requesting a review, will be in a position to demonstrate that they have made every effort to manage their allocation of SNA posts to best effect.

Pupil-Teacher Ratio 173. Deputy Pádraig Mac Lochlainn asked the Minister for Education and Skills if his attention has been drawn to the fact that a school (details supplied) in County Donegal has a range of class sizes of 30 or more pupils; if his further attention has been drawn to the fact that these are some of the largest class sizes in Europe; and if he will make a statement on the matter. [23087/11]

175. Deputy Terence Flanagan asked the Minister for Education and Skills the reason class sizes are increasing in a school (details supplied) in Dublin 13; and if he will make a statement on the matter. [23125/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 173 and 175 together. Class size data for all primary schools is compiled by my Department on an annual basis and is available on the Department’s website. The most recently published data relates to the 2010/11 school year. The staffing schedule is the mechanism used for allocating mainstream teaching posts to all schools. It currently operates on the basis of a general average of 1 classroom teacher for every 28 pupils. Schools have autonomy on how these posts are deployed to individual classes. School authorities are advised in the staffing schedule to ensure that the number of pupils in any class is kept as low as possible, taking all relevant contextual factors into account (e.g. classroom accommodation, fluctuating enrolment etc.). In particular, they should ensure, as far as possible, that there is an equitable distribution of pupils in mainstream classes and the differential between the largest and the smallest classes is kept to a minimum. With over 20,000 individual classes spread across all schools throughout the country there will always be differences in individual class sizes.

169 Questions— 14 September 2011. Written Answers

Special Educational Needs 174. Deputy Aengus Ó Snodaigh asked the Minister for Education and Skills his views on the fact that parents with dyslexic children must present a report of a three-hour assessment carried out by an educational psychologist at a cost of almost €500 to get support for junior certificate examinations (details supplied). [23110/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The State Examinations Com- mission’s (SEC) scheme of Reasonable Accommodations is designed to assist candidates with special needs at the certificate examinations. The term special needs applies to candidates who have physical/medical and or specific learning difficulties. Applications for reasonable accommodations are considered within a published framework of principles. Reasonable Accommodations are designed to remove as far as possible the impact of a disability on a candidate’s performance, so as he or she can demonstrate in the examination his or her level of achievement — they are not designed to compensate for a possible lack of achievement arising from a disability. Accommodations are granted under the scheme to students who fall within specific criteria. The existence of a specific learning difficulty (e.g. dyslexia) does not automatically entitle an examination candidate to such special arrangements. Even though candidates may have a specific difficulty with reading, writing or spelling, they may not require the provision of any special facilities provided that they can read the question papers of the required level and write legibly. Decisions are made on foot of the evidence supporting a candidate’s application, including educational psychological assessments, as to whether his or her special needs fall within the parameters set for the granting of an accommodation. Some information on how the scheme operates may be of help in understanding the process. There is no obligation on schools or parents to provide a private psychological assessment in support of their application for reasonable accommodations. However, many parents choose to provide such report in support of their application. There is a fundamental difference in how the scheme operates between Junior and Leaving Certificate level. At Junior Certificate level the application process was changed in 2001 to expedite decisions and allow schools a larger degree of autonomy. The key features of the SEC’s approach on the Junior Certificate are: A series of tailored application forms that match the more common special needs that give rise to applications • Elimination of the requirement for supporting medical evidence in most cases • Elimination of the requirement for submission to the SEC of psychological assessments or samples of course work in the case of students with specific learning difficulties • Provision for the application to be signed by a school representative other than the principal Essentially the SEC accepts a school’s confirmation on the application form as sufficient evidence to enable the arrangement. Put simply, if the candidate’s special need has been established by the school, there is no need to provide documentary evidence to the SEC. To guide the school in its determination, the SEC provides a set of guidelines to schools to help them determine the eligibility of a candidate for accommodations. This procedure is designed to reduce the administrative burden on schools and essentially empowers the school itself to put reasonable accommodations in place. This approach reduces the amount of preparatory work and documentation collation for schools in preparing applications. However, a key feature of the Junior Certificate model is that, where an accommodation is approved for Junior Certificate, it does not automatically follow that approval will be granted for Leaving Certificate. A fresh application is required in respect of the Leaving Certificate and each will

170 Questions— 14 September 2011. Written Answers be considered on its own merits. This position is clearly outlined in the documentation that issues to schools annually in relation to the operation of the Scheme. At Leaving Certificate decisions in relation to applications for reasonable accommodations are taken having regard to the circumstances of each individual case. Applications on the grounds of a specific learning difficulty are referred the National Educational Psychological Services (NEPS) for consideration in the first instance. In cases where a school/parent or student is dissatisfied with any aspect of SEC’s decision, at either Junior or Leaving Certificate level, they have access to an Independent Appeals Committee. All members of the Appeals Committee are drawn from outside the SEC. The remit of the Appeals Committee covers appeals against all elements of a decision taken by the SEC. All appeals are considered within a published framework of principles.

Question No. 175 answered with Question No. 173.

Third Level Charges 176. Deputy Terence Flanagan asked the Minister for Education and Skills the reason college registration fees have increased from €1,500 to €2,000; and if he will make a statement on the matter. [23126/11]

217. Deputy Finian McGrath asked the Minister for Education and Skills the position regarding a family with two or three children in third level college; and if there is a reduction in fees. [24005/11]

228. Deputy John Lyons asked the Minister for Education and Skills if he will outline the cost of registration fees for those undertaking third level undergraduate courses; the subsequent cost to families if a number of children in the family are undertaking higher level education at the same time; and the reason costs must be paid up-front to educational institutions and the only method of reimbursement is through tax relief. [24199/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 176, 217 and 228 together. The economic circumstances of the country are such that the previous Fianna Fail-Green Party Government introduced a new Student Contribution Charge of €2,000 from this September. The Programme for Government commits the Government to implementing the decisions of the 2011 Budget, which was passed by the last Dáil. The new student contribution will replace the previous Student Services Charge and will apply to students who qualify for ‘free fees’. The contribution will be paid by the Exchequer on behalf of student grant-holders who last year amounted to some 46% of students in receipt of free fees. Conscious of financial pressures on families tax relief provisions have been put in place so that second and subsequent siblings will not have to bear the full cost increase. Based on current rates of relief, the effective cost of the student contribution, net of tax relief, for second and subsequent siblings will be €1,600 each. An additional category of “50% Student Contri- bution” has been also been included in the student grants scheme. Institutions have also been asked to allow students to pay the contribution in two moieties.

Departmental Funding 177. Deputy Finian McGrath asked the Minister for Education and Skills if he will cease the educational cuts to the primary education system. [23148/11]

171 Questions— 14 September 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): My Department’s expenditure on the primary education system is determined within the context of the parameters of the EU/IMF Programme of Support for Ireland. It is not possible to reverse budgetary measures that have already been put in place or give commitments about any future measures that may be required. The Government will endeavour to protect frontline education services as best as possible. However, this must be done within the context of bringing our overall public expenditure into line with what we can afford as a country. All areas of Government will have to manage on a reduced level of resources. The challenge will be to ensure that the resources that can be provided are used to maximum effect to achieve the best possible outcome for pupils.

Teaching Qualifications 178. Deputy Finian McGrath asked the Minister for Education and Skills the reason persons from Gaeltacht areas require fewer points for teaching than persons in other areas (details supplied); and if he will make a statement on the matter. [23161/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Colleges of Education operate a number of reduced points and direct entry schemes including streams for mature students, students from disadvantaged areas and students eligible under the Gaeltacht scheme. Provision is made for up to ten per cent of the teacher training places in the Colleges of Education to be reserved for applicants who reside in the officially designated Gaeltacht, and the normal language of whose home is Irish. The special entry competition is in accordance with Government policy for the support and promotion of the Gaeltachtaí and of the use of the Irish language as a community language. In order to achieve these objectives, it is essential to ensure an adequate supply of teachers for the schools in the Gaeltacht. It is also considered highly desirable that children from Gaeltacht areas would be taught by teachers who are native speakers of the dialect spoken by the children in order to maintain and develop children’s fluency in the local dialect. The scheme requires the reservation of up to 10% of places on teacher training courses for Gaeltacht applicants with any places not being taken up distributed to mainstream candidates. The scheme does not provide for a difference in entry points depending on candidate; rather this is dictated by market forces of supply and demand and is within the remit of the Central Applications Office. Given the fewer numbers of Gaeltacht applicants, points required for admission as a Gaeltacht applicant may be lower than otherwise required. However it is important to note that Gaeltacht applicants who secure places do not necessarily have lower points than other mainstream applicants. The Teaching Council now has a remit to advise the Minister for Education and Skills in relation to the minimum standards of educational qualifications required for entry into programmes of teacher education and has been asked, when formulating its advice on entry standards, to provide specific advice on the Gaeltacht entry scheme.

Education Reform 179. Deputy Terence Flanagan asked the Minister for Education and Skills his views on the Finnish education system (details supplied); his plans to adopt some of the main themes of this system; and if he will make a statement on the matter. [23168/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The results of the OECD’s Prog- ramme for International Student Assessment (PISA), undertaken in 65 countries in 2009, were published on 7 December 2010. Finland scored above the OECD average in reading literacy, mathematics and science, and is often cited as an example of excellence in educational practice.

172 Questions— 14 September 2011. Written Answers

Whilst there are no plans to specifically adopt the Finnish education system, educational policies are informed by many factors including international research and experiences of educational practices. The two principles of the Finnish education system referred to in this question: an egalitarian system and regular systemic student assessment are, I believe, vitally important. An objective of Finnish education policy is to achieve as high a level of education and competence as possible for the whole population. I am also committed to ensuring that all students reach their potential and providing additional supports for those students who require them. There are a range of existing provisions in place to achieve this. DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion was introduced in 2005, and provides for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). As a result of the identification and review processes, 876 schools were included in the School Support Programme (SSP) under DEIS. These comprise 676 primary schools (urban and rural) and 200 second-level schools. DEIS provides various supports for both primary and post primary schools including a reduced pupil teacher ratio in primary schools in urban areas with most disadvantage. An evaluation of DEIS has been undertaken by the Educational Research Centre on behalf of my Department and a report of this evaluation is expected shortly. The outcomes of the ERC evaluation will inform any future changes to the current programme. In July of this year I launched the National Strategy to Improve Literacy and Numeracy among Children and Young People, “Literacy and Numeracy for Learning and Life”, which aims to ensure that no child leaves school without having mastered literacy and numeracy skills. The Strategy contains 6 key areas which include helping students with additional learning needs to achieve their potential and improving assessment and evaluation to support better learning. In relation to a policy of regular student assessment, I agree that when used properly this can provide useful information about the progress of individual students and also inform schools in their self-evaluation processes. The Literacy and Numeracy Strategy emphasises the importance of assessment for learning which gives an indication of the progress that students have made in achieving the learning outcomes that are set out in the curriculum. Standardised test are identified by the Strategy as one important tool which can be used to monitor student progress. The Strategy provides for standardised tests for students in second, fourth and sixth classes in primary school and for students in second-year at post-primary school.

School Enrolments 180. Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a school place for a person (details supplied) in County Dublin; and if he will make a statement on the matter. [23169/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Depart- ment, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld. The selection and enrolment of pupils in schools is the responsibility of the authorities of the individual school. My Department’s main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. This selection

173 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15(2)(d) of the Education Act, 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy that principles of equality and the right of parents to send their children to a school of the parents choice are respected. The Deputy will be aware that I have recently launched a discussion paper on school enrolment. The document,“Discussion Paper on a Regulatory Framework for School Enrolment” contains suggestions on how to make the process of enrolling in schools more open, equitable and consistent and I am inviting education partners and interested parties to submit their views to my Department by the 28th of October. The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The NEWB may be able to offer assistance and advice on securing a school placement within the pupil’s area. The contact details for the NEWB in Portmarnock is National Educational Welfare Board, Block 3, Floor 1, Grove Court, Blanchardstown, Dublin 15, phone number 01-8103261.

Question No. 181 answered with Question No. 145.

State Examinations 182. Deputy Patrick O’Donovan asked the Minister for Education and Skills if, in view of the results being achieved in State examinations in mathematics, he will review the use of calculators in the primary curriculum and the subsequent effect this has on future performance in State examinations; and if he will make a statement on the matter. [23217/11]

Minister for Education and Skills (Deputy Ruairí Quinn): In line with international best practice, the Primary School Curriculum (1999) advocates the use of resources to develop mathematics concepts. This includes the use of calculators from Fourth Class onwards. In Irish primary schools, calculators are primarily used to check answers and perform routine calcu- lations and best practice includes their use to enhance mathematics reasoning and problem- solving skills. Whilst some people believe that calculators can harm rather than enhance a pupil’s mathematical skills, this is not supported by research evidence. A recent study in Ireland (Close et al, 2008) reports that, correctly used, calculators can improve performance on more complex mathematical concepts and skills, and on problem-solving. This is also reflected in international research. The reforms that I have announced as part of the national literacy and numeracy strategy include increased provision for teacher education at the pre-service stage, during the induction phase in the early stages of a teacher’s career and as part of every teacher’s continuing professional development. As a result of enhanced professional development, I am confident that teachers will have a better understanding of the effective use of calculators to support better teaching and learning in Mathematics.

Question No. 183 answered with Question No. 161.

Departmental Expenditure 184. Deputy Shane Ross asked the Minister for Education and Skills the details of spending using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the

174 Questions— 14 September 2011. Written Answers amount that was specifically spent by his Department on entertainment provided using said credit cards. [23311/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The information requested by the Deputy is set out in the following table. For the Deputy’s information, details to date for 2011 are also included.

Expense Account Credit Card Holder Credit Limit Year Expenditure

Minister*—Batt O’Keeffe €10,000 2008 €1,760.48 2009 €61.00 Private Secretary to The Minister €10,000 2007 €1,056.35 2008 €2,806.45 2009 €3,901.65 7,500 2010 €816.53 2011 €1,049.76 Private Secretary to The Minister of €8,000 2007 €4,716.00 State 2008 €1,878.00 2009 €732.33 2010 €395.00 2011 €30.00 Principal Officer — IT Unit** Debit Card — No 2007 €590.90 Limit 2008 €1,013.90 2009 €663.51 * This Credit Card not in use post-2009. **This Credit Card not in use post-2009.

Cardholder: Minister O’Keeffe

Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

19/10/2008 Air France 95 Roissy CH D €556.34 Official Business — Travel for official delegation to China 19/10/2008 Air France 96 Roissy CH D €556.34 Official Business — Travel for official delegation to China 19/10/2008 Air France 97 Roissy CH D €556.34 Official Business — Travel for official delegation to China 25/10/2008 The St Regis Beijing €60.46 Official Delegation to China * Beijing (this charge was discharged to Department by Minister O’Keeffe) 2008 Annual Fee €31.00 Annual Fee

Total 2008 €1,760.48

2009 Annual Fee €31.00 Annual Fee Government €30.00 Government Stamp Duty Stamp Duty

Total 2009 €61.00

175 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] Cardholder: Private Secretary to the Minister 2007-2011

Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

28/11/2007 Radisson SAS Dublin €310.00 Official Business — Room hire for meeting 16/11/2007 Brussels Marriott Brussels €287.00 Official Business — Accommodation for PSM only. 09/04/2007 Imperial Hotel €185.00 Official Business — Meeting & dinner for delegation at the INTO annual conference -Dinner for 5 Officials 03/02/2007 MacNamaras Dublin €63.85 Official Business — Pharmacy Medication for Official Trip to Zambia 22/01/2007 Grafton Street Dublin €110.50 Official Business- Travel Medical Centre vaccinations for Official Trip to Zambia 2007 American Express €100.00 Annual Fee Annual Fee

Total for 2007 €1,056.35

01/12/2008 The Italian Dublin €62.65 Official Business Lunch Connection 01/12/2008 Clerys Dublin €18.95 Official Expense — Electrical Equipment, Minister’s Office 17/11/2008 McDermott’s Bar CastleBaldwin €96.90 Dinner after school visits * and restaurant (this charge was discharged to Department by Minister O’Keeffe) 14/11/2008 City North Hotel Gormanstown €29.45 Breakfast meeting pre Gaelscoileanna Conference *(this charge was discharged to Department by Minister O’Keeffe) 14/11/2008 AerLingus Flight Dublin €10.00 Official Travel — Ministerial Sales Seminar of the Ministers of Education of the Council of Europe-Inflight Refreshment 13/11/2008 Aer Lingus Dublin €12.00 Official Travel — Ministerial Inflight sales Seminar of the Ministers of Education of the Council of Europe- Inflight Refreshment 06/11/2008 Sheraton Carlton Nuremburg €338.00 Official Business Accommodation — Ministerial Seminar of the Minister of Education of the Council of Europe 06/11/2008 O’Shea’s Pub Nuremburg €48.30 Dinner *(this charge was discharged to Department by Minister O’Keeffe) 06/11/2008 ICP International Schwalbach €6.00 Official Expense — Cash Cash PR charge

176 Questions— 14 September 2011. Written Answers

Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

06/11/2008 Allresto Munich €13.80 Official Business — Munich Airport-Refreshment 06/11/2008 Allresto Munich €2.00 Official Business — Munich Airport-Refreshment 05/11/2008 Taxi Hamburg €5.80 Official Business — Travel Expense Ministerial Seminar of the Minister of Education of the Council of Europe 27/10/2008 Airsavings Boulogne €9.00 Official Expense 27/10/2008 Aer Arann Dublin €49.73 Official Business — Travel Expense Dublin to Cork 27/10/2008 Aer Arann Dublin €57.37 Official Business — Travel Expense Cork to Dublin 22/05/2008 Brussels Marriott Brussels 612.00 Official Business — Hotel Accommodation for Minister and Private secretary 02/05/2008 Mount Falcon Ballina 145.00 Official Business — Castle Accommodation for Minister Hanafin 26/02/2008 Stillorgan Park Dublin 132.50 Official Business — Room Hotel hire for meeting including refreshments 24/01/2008 Ritz-carlton hotel Berlin 996.00 Official Business — Berlin Accommodation for World Seminar organised by Microsoft (Minister & PSM) 2008 Annual Fee Not on file. €31.00 Annual Fee 2008 American Express €100.00 American Express Annual Annual Fee Fee 28/04/2008 Govt. Stamp Duty €30.00 Govt. Stamp Duty — — American American Express Express

Total for 2008 €2,806.45

09/12/2009 Dublin Airport Dublin 95.00 Entry fee for 4 to Anna Livia Authority suite in Dublin Airport before Brussels trip- Discount for 1 member 26/11/2009 Sofitel Brussels Brussels 470.00 Official Business Euro Accommodation — Education Council Meeting (Minister & PSM) 17/11/2009 Westin Hotel Dublin 305.50 Official Business — Deposit for lunch for Minister meeting with Delegates from Saudi Arabia 24/09/2009 Radisson SAS Dublin 55.40 Official Business — Minister Hotel meeting with Microsoft International-Refreshments 17/09/2009 Radisson — Royal Dublin 13.40 Official Business Meeting — Hotel Minister launching event to publicise the referencing of National Qualifications Framework to the European Qualifications Framework for Lifelong Learning- Refreshments

177 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

09/07/2009 Novotel Paris €408.60 Official Business Accommodation — UNESCO/Microsoft Education Leaders Forum 12/05/2009 Sofitel Brussels €600.00 Official Business Accommodation — Education Council Meeting 14/05/2009 Ryanair Dublin €180.36 Official Business — Travel Expense Minister Cork to Dublin 29/03/2009 Ryanair Dublin €49.21 Cabinet Meeting — Travel Expense Minister Dublin to Cork 14/04/2009 Silver Tassie Letterkenny €70.00 Official Business Accommodation — Minister attending INTO annual conference 14/04/2009 Silver Tassie Letterkenny €30.00 Official Expense — Printing Service 16/03/2009 Begyhofcongress Leuven €960.00 Official Business — Hotel Accommodation prepaid — Bologne Conference 27-29 April 2009 18/02/2009 City North Hotel Gormanstown €17.90 Official Business — North/South meeting— Refreshments 16/02/2009 Sofitel Brussels Brussels €477.00 Official Business Euro Accommodation — Education Council Meeting 04/02/2009 Ritz Carlton Hotel Manama €26.70 Official Business -Minister accompanying President McAleese to the Kingdom of Bahrain -Refreshments 04/02/2009 Ritz Carlton Seef District €111.58 Official Business -Minister Bahrain Hotel accompanying President McAleese to the Kingdom of Bahrain -Dining 2009 Annual Fee €31.00 Annual Fee

Total for 2009: €3,901.65

28/12/2010 Raheen Woods €89.00 Raheen Woods Hotel Hotel (Official Business) — Accommodation for Tánaiste 28/12/2010 Meadow Court €82.80 Meadow Court Hotel — Hotel Business Lunch Meeting 28/11/2010 Annual Fee €31.00 Annual Fee 28/09/2010 Government €27.12 Government Fee/Membership Fee/Membership Credit Credit 28/09/2010 Government €27.12 Government Fee/Membership Fee/Membership Credit Credit 28/07/2010 Purchase Interest 0.44 Purchase Interest 28/07/2010 Purchase Interest €1.12 Purchase Interest 28/06/2010 Purchase Interest €0.45 Purchase Interest

178 Questions— 14 September 2011. Written Answers

Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

28/06/2010 AerArann flights €78.17 AerArann flights 28/04/2010 The Clayton Hotel Galway €378.50 Teacher conferences Official Business (Accommodation for Tánaiste & Private Secretary for 2 nights, photocopying & refreshments. 01/04/2010 Government n/a €30.00 Government Stamp Duty Stamp Duty 28/03/2010 Grand Hyatt €69.41 Business Meeting with Seoul Hotel Korean Ambassador- Refreshments 28/01/2010 n/a n/a €1.40 interest charged Total for 2010 €816.53 28/05/2011 Anatolia €641.50 Working Dinner Senior Restaurant Management Meeting 28/05/2011 Tullamore Court €67.07 (Official Business) — Hotel Accommodation for Minister 28/05/2011 City North Hotel €18.65 Business Lunch 28/05/2011 Brussels Schuman €145.00 (Official Business) -Accommodation for Minister 28/05/2011 Brussels Schuman €145.00 (Official Business) -Accommodation for Private Sec 01/04/2011 Government €30.00 Government Stamp Duty Stamp Duty 28/01/2011 Purchase Interest €2.54 Purchase Interest

Total for 2011 €1,049.76

Name of cardholder: Private Secretary to the Minister of State 2007-2011

Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

20/10/2007 Hotel St Honore Paris €4,000.00 Attendance of Minister, Private secretary and Department official at UNESCO meeting 15/10/2007 Hotel St Honore Paris €168.00 Official Business- Attendance of Minister, Private secretary and Department official at UNESCO meeting 16/02/2007 Brussels Marriott Brussels €289.00 Official Business- Hotel Accommodation in Brussels for Minister and Private secretary re Education, Youth and Culture Council of Ministers 16/02/2007 Brussels Marriott Brussels €194.00 Official Business- Hotel Accommodation in Brussels for Minister and Private secretary re Education, Youth and Culture Council of Ministers

179 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

2007 Annual Fee €25.00 Annual Fee 2007 Government €40.00 Government Stamp Duty Stamp Duty

Total €4,716.00

21/11/2008 Sofitel Brussels Brussels €585.00 Official Business- Euro Accommodation in Brussels for Minister and Private secretary re Education, Youth and Culture Council of Ministers 26/02/2008 P&J O Callaghan Killarney €300.00 Official Business- Transport for Minister when he officially opened National Association of Youthreach Co-ordinators Annual Conference in Killarney 14/02/2008 Brussels Marriott Brussels €542.00 Official Business- Hotel Accommodation in Brussels for Minister and Private secretary re Education, Youth and Culture Council of Ministers 06/02/2008 Dromoland Castle Clare €390.00 Official Business- Accommodation for Minister and Private Secretary — Minister officially addressed IVEA Annual Conference in Mayo and opened Adult Education Centres in Shannon and Ennis 2008 Annual Fee €31.00 Annual Fee 01/04/2008 Government €30.00 Government Stamp Duty Stamp Duty

Total €1,878.00

01/04/2009 Government €30.00 Stamp Duty 28/10/2009 Pullman Eiffel — Paris €661.57 OECD Meeting in Paris Paris 28/11/2009 Interest €9.76 Interest Charged 27/11/2009 Annual Fee €31.00 Annual Fee

Total €732.33

01/04/2010 Government €30.00 Stamp Duty 19/11/2010 Carlton Hotel, €334.00 Official Business — Carlton Brussels Hotel Brussels — Attendance at Education Council Meeting in Brussels 26/11/2010 Annual Fee €31.00 Annual Fee

Total €395.00

180 Questions— 14 September 2011. Written Answers

Date of Purchase Item Purchased Location of Cost Reason for Purchase Purchase

01/04/2011 Government €30.00 Stamp Duty

Total €30.00

Ministerial Staff 185. Deputy John O’Mahony asked the Minister for Education and Skills the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23341/11]

186. Deputy John O’Mahony asked the Minister for Education and Skills the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23356/11]

187. Deputy John O’Mahony asked the Minister for Education and Skills the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011, in tabular format; and if he will make a statement on the matter. [23371/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 185 to 187, inclusive, together. At a Government meeting held on the 15th March, 2011, it was decided to reduce the number of staff permitted in Minister’s Private Offices from 10 to 8 and Minister of State’s Private Offices from 7 to 5. The number of staff permitted in Minister’s Constituency Offices has been reduced from 6 to 4 and Ministers of State’s Constituency Offices from 5 to 3. The staffing of these offices at my Department is in accordance with these reduced parameters. Since I have taken office I have appointed 2 Special Advisers. It should be noted that there were 3 Special Advisers, as allowed under Department of Finance guidelines, appointed by the then Tánaiste and Minister for Education and Skills from March 2010 to March 2011 to allow for additional duties in respect of her role as Tánaiste. Salary costs in respect of these Advisers are set out in the following table. There are currently 4 officers in my Constituency Office and 8 officers in my Private Office. Salary details in respect of each office are set out in the following table. There are currently 3(2.8 fte*) officers in the Constituency Office and 5 officers in the Private Office of Minister of State Ciarán Cannon, T.D. Salary details in respect of each office are set out in the following table. There is also 1 Private Secretary appointed to Mr Seán Sherlock, T.D., and Minister of State for Research & Innovation in my Department. Their salary to date in 2011 is set out in the following table. The salaries paid to the civil servants are in accordance with the Department of Finance salary scales for the relevant grades. The salaries paid to the non-civil servant staff are in accordance with the Department of Finance Instructions relating to the Appointment of Ministerial Private Office Staff. * Full time equivalent

181 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] Minister’s Special Advisers

Year Gross Salary Cost

1st January to date 2011 €161,752 2010 €246,637 2009 €192,269

Minister — Private and Constituency Offices

2011 — 1st January to date 2011 Gross Annual Salary Cost

Private Office €181,107 Constituency Office €128,912

2010 Gross Annual Salary Cost

Private Office €238,671 Constituency Office €238,465

2009 Annual Salary Cost

Private Office €245,667 Constituency Office €256,031

Minister of State — Private and Constituency Offices

2011 — 1st January to date 2011 Gross Salary Cost

Private Office €152,595 Constituency Office €76,666

2010 Gross Annual Salary Cost

Private Office €159,460 Constituency Office €195,586

2009 Gross Annual Salary Cost

Private Office €192,425 Constituency Office €198,346

Private Secretary appointed to Mr Seán Sherlock, T.D., Minister of State for Research & Innovation in the Department of Education & Skills 182 Questions— 14 September 2011. Written Answers

Year Gross Salary Costs of Private Secretary

2 June to date in 2011 €15,655.58

School Transport 188. Deputy Brendan Griffin asked the Minister for Education and Skills if he will review school transport catchment boundaries in a location (details supplied) in County Kerry due to exceptional circumstances in the area; and if he will make a statement on the matter. [23386/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Under the current terms of my Department’s Post Primary School Transport Scheme, pupils are eligible for transport if they reside 4.8 kilometres or more from their local post primary education centre, that is the centre serving the catchment area in which they reside. 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 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 ‘own’ 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. Changes in the School Transport Scheme were announced by the previous Fianna Fáil-Green Party Government and derive from recommendations in the Value for Money Review of the scheme. One of these changes includes the cessation of the use of the above catchment boundary system. Eligibility for school transport for all new pupils entering post-primary from the 2012/13 school year will be determined by the distance they reside from their nearest post- primary centre or school. Existing eligible post primary pupils will retain their eligibility for the duration of their post primary education cycle provided they continue to meet the terms of the current scheme.

State Examinations 189. Deputy Charles Flanagan asked the Minister for Education and Skills his plans to make Irish a subject of choice in the leaving certificate; and if he will make a statement on the matter. [23389/11]

Minister for Education and Skills (Deputy Ruairí Quinn): This Government is committed to supporting the overall thrust of 20 Year Strategy for the Irish Language 2010-2030, and to the delivery of the goals and targets proposed. As part of this, a thorough reform of the Irish curriculum and the way Irish is taught at primary and second level will be undertaken. The priority is to take steps to improve the quality and effectiveness of the teaching of Irish. Only when these steps have been implemented, the question of whether Irish should be optional at Leaving Certificate will be considered. A revised Leaving Certificate curriculum in Irish began in all schools in September 2010 for first examination in 2012. The revised programme provides for an increase in the proportion of marks available for oral assessment to 40%, and is aimed at promoting a significant shift in emphasis towards Irish as a spoken language, where students can communicate and interact in a spontaneous way, and where Irish is spoken every day in schools. The National Council for 183 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] Curriculum and Assessment has been asked to review this syllabus in the light of the experiences of students in the first examination.

Teaching Qualifications 190. Deputy Finian McGrath asked the Minister for Education and Skills the number of teachers with maths degrees who will be recruited by schools ahead of the new academic year. [23401/11]

191. Deputy Finian McGrath asked the Minister for Education and Skills the breakdown of qualified maths teachers by age; and the number of teachers who are nearing retirement. [23402/11]

192. Deputy Finian McGrath asked the Minister for Education and Skills the number of leaving certificate students being taught by a teacher who does not hold a qualification. [23403/11]

193. Deputy Finian McGrath asked the Minister for Education and Skills the number of unqualified maths teachers who are teaching the subject; the breakdown of the number of unqualified maths teachers in public versus private schools, or by geographical area, or by gender. [23404/11]

194. Deputy Finian McGrath asked the Minister for Education and Skills the number of qualified maths teachers teaching here; and if he will contact each secondary school to find out whether it has enough qualified maths teachers. [23405/11]

195. Deputy Finian McGrath asked the Minister for Education and Skills if any study has been completed on the relationship between maths grades and the qualification of teachers. [23406/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 190 to 195, inclusive, together. I am advised by the Teaching Council that there are almost 4,100 qualified Maths teachers currently on the register of teachers. Of these, just over 500 teachers are aged between 55 and 59 (nearing retirement), while less than 230 are aged 60 and over. In relation to the qualifications of those currently teaching mathematics in post-primary schools, the Teaching Council has carried out a survey on this subject. The results of the survey shows that out of a total of 2,045 teachers teaching maths in 258 schools, 1,400 teachers are fully qualified to do so, 596 teachers have undergone some studies in maths and only 49 have no third level qualifications/studies in maths. The survey helps us to get a clearer picture of what is actually happening on the ground in these schools and the data allows us to plan to meet the training needs of teachers over the coming years. The Council has not advised on the breakdown of maths teachers in different categories of schools, by gender, or location, nor is this information currently available to the Department. Recruitment of teachers is a matter for individual schools and therefore it is not possible for me to say how many teachers with maths degrees will be recruited for this academic year. However, schools have been directed by my Department, as far as practicable, to appoint only appropriately qualified and registered teachers. The appointment and deployment of teachers within schools is also a matter for schools themselves.

184 Questions— 14 September 2011. Written Answers

Question No. 196 answered with Question No. 151.

School Transport 197. Deputy John O’Mahony asked the Minister for Education and Skills when a decision will issue on a school bus run (details supplied) in County Mayo. [23434/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Bus Éireann, which operates the School Transport Scheme on behalf of my Department, has advised that they are awaiting payment from a number of eligible pupils who applied for transport. A service will be established and tickets will be issued when payment is received from a minimum number of 10 eligible pupils.

Departmental Expenditure 198. Deputy Simon Harris asked the Minister for Education and Skills the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23443/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The expenditure incurred by my Department’s IT Unit in 2010 was €1.334m on capital and €1.783m on current. There is provision of €2m for capital and €2.395m for current expenditure in 2011. The purchase of IT equipment by my Department is on the basis of a competitive tendering process, conducted in compliance with national and EU rules. There are framework arrangements in place, managed by the Department of Public Expenditure and Reform, and used by my Department, for the purchase of personal computers (including notebooks) and printers. These frameworks maximise volume discounts and allow government departments and agencies to operate much simpler procurement processes for such equipment. The method used to procure IT equipment not covered by the framework arrangements, is determined by the estimated value of the contract. It is recommended that three quotes be obtained for purchases less than €5,000. A minimum of three written quotes must be obtained in respect of purchases between €5,000 and €10,000. Contracts in excess of €10,000 are advertised on the eTenders website. In addition, contracts in excess of €125,000 must also be advertised on the Official Journal of the European Union website. Bodies under the aegis of my Department have budgets for the purchase of IT equipment and are obliged to comply with national and EU procurement rules. In accordance with the 2009 Code of Practice for the Governance of State Bodies, the Chairperson of each state body must furnish to the relevant Minister in conjunction with the annual report and accounts of the body a comprehensive report to include an affirmation that ‘all appropriate procedures for financial reporting, internal audit, travel, procurement and asset disposal are being carried out’.

Expenditure Reviews 199. Deputy Sean Fleming asked the Minister for Education and Skills if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23470/11]

185 Questions— 14 September 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): Departmental submissions to the Comprehensive Review of Expenditure (CRE) are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure and Reform has already indicated that it is his intention to publish the Reports submitted as part of the CRE process following the finalisation of the budgetary process.

School Accommodation 200. Deputy Niall Collins asked the Minister for Education and Skills the position regarding an appeal by a school (details supplied) in County Limerick; and if he will make a statement on the matter. [23534/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I can confirm that the school referred to by the Deputy has made an application to my Department for funding towards the provision of additional accommodation at the school. I am pleased to inform the Deputy that the application has been approved and the school authorities have been informed in writing.

Schools Building Projects 201. Deputy Patrick O’Donovan asked the Minister for Education and Skills the cost per square foot of constructing school extensions and new school buildings in rural locations; the comparative cost to 2008; and if he will make a statement on the matter. [23547/11]

Minister for Education and Skills (Deputy Ruairí Quinn): A fundamental element of the building cost limits for all school building projects is the Basic Building Cost (BBC). The Basic Building Cost is expressed as a cost per square metre of the new build floor area. My Depart- ment keeps the Basic Building Cost under review in line with cost developments in the construction industry generally and the cost of school building projects in particular. The current Basic Building Cost, effective from January 2011, is €930 per square metre, which equates to approximately €86 per square foot. This compares with the Basic Building Cost which applied in 2008 which was €1,230 per square metre (approximately €114 per square foot). The Basic Building Cost extant at any particular time applies to both urban and rural areas and applies equally to new build areas in extensions and new schools alike. Other elements which can affect the overall cost of a school building project include External Works, Abnormal Costs and site acquisition costs. These elements can vary from site to site and from project to project.

Departmental Funding 202. Deputy John O’Mahony asked the Minister for Education and Skills if funding is available to a person with children who has been accepted to attend a post leaving certificate course to help with the cost of child care; and if he will make a statement on the matter. [23593/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): My Department funds a provision for student support for learners attending PLC courses. Under the terms of the scheme, grant assistance is awarded to learners who meet the prescribed conditions of funding including those which relate to age, residence, means, nationality and previous academic attainment. The person should contact their local Vocational Education Committee (VEC) to establish their eligibility.

186 Questions— 14 September 2011. Written Answers

In addition, the Department of Children and Youth Affairs subsidises the childcare and preschool fees of disadvantaged and lower income families under the Community Childcare Subvention (CCS) programme. Parents are charged the cost price of their childcare, less any subvention they qualify for. Subventions under the scheme depend on the level of service, and the level of disadvantage of the parents. The person can contact their local County Childcare Committee for more information.

School Transport 203. Deputy John O’Mahony asked the Minister for Education and Skills the person whose responsibility it is to inform parents that a school bus route has been withdrawn; and if he will make a statement on the matter. [23597/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Changes in the School Transport Scheme were announced by the previous Fianna Fáil-Green Party Government and derive from recommendations in the Value for Money Review of the scheme. One of the changes announced included an increase from seven to ten in the minimum number of eligible pupils, residing in a distinct locality, required to establish or retain a school transport service. In June, School Transport Section of my Department wrote to the Boards of Management of schools where the number of applications from eligible pupils had fallen below this minimum number requirement. In addition, a list of the schools likely to be affected by this change was posted on my Department’s website. The situation in relation to the establishment, withdrawal or retention of school transport services changed frequently throughout the summer months as late applications and payments were received from eligible pupils. Some services that were identified for withdrawal were subsequently reinstated. In light of this, it was not practical to communicate directly with individual families.

State Examinations 204. Deputy Anthony Lawlor asked the Minister for Education and Skills the cost of oral examinations at both junior and leaving certificate level; if proposals are in place to change the process of conducting oral examinations to lower the cost; and if he will make a statement on the matter. [23615/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The State Examinations Com- mission has statutory responsibility for operational matters relating to the certificate examinations including organising the holding of examinations, determining procedures in places where examinations are conducted including the supervision of examinations and making arrangements for the marking of work presented for examination. In view of this I have forwarded your query to the State Examinations Commission for direct reply to you.

Departmental Funding 205. Deputy Paschal Donohoe asked the Minister for Education and Skills the cost of funding teacher upskilling courses run by the National Centre for Technology in Education; the break-

187 Questions— 14 September 2011. Written Answers

[Deputy Paschal Donohoe.] down for funding each of these courses; and if he will make a statement on the matter. [23783/11]

Minister for Education and Skills (Deputy Ruairí Quinn): In 2010, the NCTE provided teacher Continuing Professional Development (CPD) to 11,353 teachers via the education centre network and on-line. The cost of delivery of this CPD in 2010 was € 958,751.22. A wide range of courses is provided by NCTE consisting of standard, NCTE-designed courses, courses tailored to the needs of the school (known as Whole School Training), more informal support groups and on-line courses. Course delivery costs are based on standard rates for all face to face courses in respect of tutor fees, venues, travel and subsistence, administration etc. Course costs therefore vary based on the course duration and the number of participants rather than on the course title.

206. Deputy Paschal Donohoe asked the Minister for Education and Skills the cost of funding from his Department for the Irish National Teachers’ Organisation run courses under the National Centre for Technology in Education; if he will provide a breakdown of these costs for each course; and if he will make a statement on the matter. [23784/11]

Minister for Education and Skills (Deputy Ruairí Quinn): In 2010, the NCTE funded the INTO to provide 2 courses to 597 teachers in total. The total cost was €52,966.20 (including the cost of course updates, tutor training, administration and related fees). Courses for which the delivery was part-funded in 2010 were: • Supporting and Developing ICT as a Teaching and Learning Resource • Beyond 2020: Using Technology in the Primary School. The funding is not currently broken down by course. A breakdown of the funding is as follows:

€

Course Development Costs: 1,200.00 Tutor Training Costs: 8,849.02 Face to Face Delivery Costs: 24,670.32 On-line Course Delivery Costs: 8,753.33 Administration, Auditing & Accounting fee: 9,493.53

Total 52,966.20

207. Deputy Paschal Donohoe asked the Minister for Education and Skills if he will provide details of teacher training upskilling courses run by the National Centre for Technology in Education which are not alternatively provided by private sector education providers; and if he will make a statement on the matter. [23785/11]

Minister for Education and Skills (Deputy Ruairí Quinn): NCTE courses are unique in that they are designed and delivered by qualified teachers based on nationally and locally identified need and government priorities, such as literacy and numeracy. They are available throughout the year and are fully funded by NCTE, so that teachers do not have to pay course fees. Most courses are delivered face to face to ensure that teachers gain adequate hands-on practical skills combined with the knowledge of how to use ICT as an integral part of the curriculum. The “whole-school” orientation of many courses is also unique to NCTE/NCTE funded 188 Questions— 14 September 2011. Written Answers courses, allowing teachers to learn based on their specific needs and using the equipment in their own school. Courses developed by the NCTE are run either by the NCTE, by the network of education centres or by non-profit educational partners. In 2010, NCTE courses included the following: • Computer Maintenance & Useful Applications for Creating Teaching Resources (NCTE/T4) • Creating your School’s Website using Scoilnet Blogs • Developing e-Learning in your School, ICT & Language in the Primary Classroom (NCTE/MLPSI) • Incorporating Computer Control into student work using a PIC Microcontroller (NCTE/T4) • ICT & Maths (NCTE/Project Maths) • Scoilnet & On-line Encyclopaedias • Scoilnet Maps • Supporting and Developing ICT as a Teaching and Learning Resource (NCTE/INTO) • TFC agus an Ghaeilge (NCTE/STDL Gaeilge) • Using the Interactive Whiteboard • Web 2.0 for Learning (Blogs, Podcasts & Wikis).

School Transport 208. Deputy Dara Calleary asked the Minister for Education and Skills the number of schools in County Mayo that have lost school transport services as a result of the changes introduced by him at the start of this term; and if he will provide a list for each school. [23811/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Bus Éireann, which operates the School Transport Schemes on behalf of my Department, has advised that four primary school transport services in Co. Mayo were withdrawn at the start of the current school year. The list of services withdrawn and the schools involved are listed on my Department’s website.

Vocational Education Committees 209. Deputy Jack Wall asked the Minister for Education and Skills his views regarding a submission (details supplied); the actions, if any, that are to be taken to address the concerns raised; and if he will make a statement on the matter. [23863/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Officials in my Department have been in contact with Co Carlow VEC in relation to person referred to by the Deputy and I understand that the matter has been resolved.

Redundancy Payments 210. Deputy Seán Kenny asked the Minister for Education and Skills when a special needs assistant (details supplied) in Dublin 7, who was made redundant on 11 January 2011 after six years service, will be paid their full redundancy entitlements. [23904/11]

189 Questions— 14 September 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): The redundancy application made by the person referred to by the Deputy is currently being processed and will be paid to her shortly.

Teacher Numbers 211. Deputy Seán Kenny asked the Minister for Education and Skills the number of students who have graduated as a post-primary school teacher in each of the teacher training colleges in each of the years 2007, 2008, 2009, 2010 and to date in 2011; and the number of students who have entered each of the colleges in each of these years. [23913/11]

212. Deputy Seán Kenny asked the Minister for Education and Skills the number of students who have graduated as a primary school teacher from each of the teacher training colleges in each of the years 2007, 2008, 2009, 2010, and to date in 2011; and the number of students who have entered each of the colleges in each of these years. [23914/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 211 and 212 together. The five state funded Colleges of Education offer the Bachelor of Education for primary teaching and four of the Colleges offer an 18 month post graduate primary education course. Hibernia College, a private provider, also offers a postgraduate course. There are 15 providers of Post Primary initial teacher education courses. Students follow one of two models of initial teacher education: a concurrent (three or four year degree course) or a consecutive model (a Bachelor degree and a one-year Higher Diploma in Education). Students following the concurrent route enter through the CAO and students following the consecutive model enter under the Post Graduate Applications Centre or apply directly to the provider. My Department does not hold the detailed data for post primary entrants which the Deputy has requested. The following table sets out the data on entrants and graduates for the primary initial teacher education providers and graduates registered with the Teaching Council for post primary from 2007-2010 as well as estimated graduates for 2011.

190 Questions— 14 September 2011. Written Answers 2011 2010 2009 2008 2007 3294 29 96 33 99 30 141 32 131 33 135 33 132 30 119 32 115 29 93 n/a 676 n/a 647 n/a 532 n/a 494 n/a 483 469468 522164 505 516 165 511 589 176 577 598 215 546 577 213 566 650 202 604 562 211 498 552 149 532 502 160 478 152 1,227 1,993 1,335 2,199 1,520 2,045 1,630 1,852 1,391 1,737 Entrants Graduates Estimated Estimated Entrants Graduates Entrants Graduates Entrants Graduates Entrants Graduates

191 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.]

2007 2008 2009 2010 2011

Graduates Graduates Graduates Graduates Estimated Graduates Registered Registered Registered Registered

199 200 237 224 204 91611149 10 19 17 35 43 034313235 70 58 56 65 54 28 42 39 40 49 0 0 9 10 10 0 0 0 10 14 0 0 0 41 46 90 87 128 74 88 117 136 106 223 205 212 165 208 201 195 043344127 138 130 159 142 133 16 20 20 18 18 131 149 120 131 117 064353942 195 205 215 190 231 027252928 26 28 30 30 28 00019— 00000

1,241 1,423 1,480 1,608 1,576

Special Educational Needs 213. Deputy Joanna Tuffy asked the Minister for Education and Skills if he will provide an update in the need for appropriate numbers of special needs assistants to meet the needs of pupils at a school (details supplied) in County Kildare; and if he will make a statement on the matter. [23939/11]

231. Deputy Brendan Smith asked the Minister for Education and Skills if additional special needs assistant posts will be approved in respect of a school (details supplied) in County Kildare; and if he will make a statement on the matter. [24202/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 213 and 231 together. 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 Special Needs Assistants (SNAs) to schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. 192 Questions— 14 September 2011. Written Answers

As set out in my Department’s Circular 0042/2011, in order for the NCSE to complete the processing of applications for mainstream schools in the first instance, the existing 2010/11 level of SNA supports have been maintained in special schools for the coming school year, other than for schools with declining enrolments, with a review to take place in Autumn of the 11/12 school year. This review will also take into account the Policy Analysis and Value for Money Review of the SNA scheme and policy advice received from the NCSE on the Future of Special Schools and Classes. Therefore, the existing level of SNAs in special schools, other than those whose enrolments have declined significantly, has been maintained in order to assist and protect the most vulnerable children in the education system. The special school in Kildare, referred to by the Deputy, has therefore not experienced a reduction in SNA support over the level of SNA support provided at the end of the 2011 school year, but has maintained its existing high levels of SNA support. The overall level of SNA support in this school is presently being reviewed by the NCSE. Notwithstanding the outcome of this review, it is the position of both my Department and the NCSE that given the exceptionally high levels of teaching and support staff which have been allocated to the school, that the school has sufficient support within its overall allocation to provide for the teaching and care requirements of all of the children enrolled to the school, pending the outcome of this review.

214. Deputy Joanna Tuffy asked the Minister for Education and Skills if he will provide an update on the need for appropriate numbers of special needs assistants to meet the needs of pupils at a school (details supplied) in County Cork; and if he will make a statement on the matter. [23940/11]

216. Deputy Finian McGrath asked the Minister for Education and Skills the position regarding staffing levels at a school. (details supplied). [24001/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 214 and 216 together. 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 teaching staff and Special Needs Assistants (SNAs) to special schools to support children with special educational needs. The NCSE operates within my Departments criteria in allocating such support, which now includes a requirement for the NCSE to have regard to an overall cap on the number of SNA posts. As set out in my Departments Circular 0042/2011, in order for the NCSE to complete the processing of applications for mainstream schools in the first instance, the existing 2010/11 level of SNA supports have been maintained in special schools for the coming school year, other than for schools with declining enrolments, with a review to take place in Autumn of the 11/12 school year. This review will also take into account the Policy Analysis and Value for Money Review of the SNA scheme and policy advice received from the NCSE on the Future of Special Schools and Classes. In relation to teaching posts, Circular 0042/11 states that there are a small number of special schools which have significant excess teacher posts and that the NCSE may therefore contact such schools to review the individual circumstances in these schools. The Circular indicates that the NCSE may suppress a post in schools which have excess teaching posts in order to

193 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] create a post in a school which does not have excess posts and which has growing pupil numbers. The overall levels of teaching and SNA support in the school referred to by the Deputy in County Cork, is currently being reviewed by the NCSE. The school caters for pupils with severe/profound disability and ASD. The correct teacher allocation ratio for schools catering for children with severe and profound disability is 6:1. In 2010/11 the school had 7 approved class teaching posts and 3 supernumerary posts and 28 SNAs. The enrolment is 38 pupils, including the 9 new children enrolled for September 2011. One of the surplus teachers retired at the end of the last school year and the school is not eligible for a replacement. A further supernumerary post has been withdrawn leaving the school with 1 supernumerary post above its staffing allocation. Notwithstanding the outcome of this review, it is the position of both my Department and the NCSE that given the exceptionally high levels of teaching and support staff which have been allocated to the school, that the school has sufficient support within its overall allocation to enable it provide for the teaching and care support requirements of all of the children enrolled to the school, pending the outcome of this review.

Departmental Funding 215. Deputy Damien English asked the Minister for Education and Skills the competitive process that was undertaken in order for the Irish National Teachers Organisation to be given partial funding for teacher training courses given by the National Centre for Technology in Education; if other organisations or private sector education providers can apply to receive funding for courses given by the National Centre for Technology in Education; and if he will make a statement on the matter. [23993/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The NCTE does not seek applications for funding in relation to the provision of courses as it is fully engaged in delivering its own training programme. However, if an application is received from an Education Partner body, it is considered in accordance with Department guidelines and in particular if the proposal will advance the ICT programme in schools. Approval is also subject to the availability of resources both financial and human to process the application and manage any resulting partnership. In the instance mentioned the INTO applied for funding and was considered in accordance with the above guidelines.

Question No. 216 answers with Question No. 214.

Question No. 217 answered with Question No. 176.

Adult Education 218. Deputy Finian McGrath asked the Minister for Education and Skills the options available to a person (details supplied) in Dublin 9. [24007/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): The person referred to by the Deputy can contact the Adult Education Guidance service of his local Vocational Education Committee (VEC) in relation to options in further education. The person could also contact his local FÁS office in relation to training options. There are also a

194 Questions— 14 September 2011. Written Answers range of free part-time options available in Higher Education under the Springboard initiative — the person can check www.bluebrick.ie for more information. Unemployed people who wish to undertake a course of education, including the Post Leaving Certificate (PLC) programme referred to by the person, may be eligible to receive the Back to Education Allowance (BTEA). The BTEA is administered by the Department of Social Protec- tion and its terms and conditions are a matter for that Department and the Minister for Social Protection. The person should contact his local welfare office to determine his eligibility or otherwise for the BTEA. The PLC programme operates on an academic year basis and is open to school leavers and adults returning to education, including those in receipt of welfare payments. My Department funds a student maintenance grant for learners attending PLC courses. Under the terms of the scheme, grant assistance is awarded to learners who meet the prescribed conditions of funding including those which relate to age, residence, means, nationality and previous academic attainment. The local VEC can advise the person on his eligibility or otherwise for the scheme. Budget 2011 provided for the introduction of a €200 annual PLC programme participant contribution for all PLC participants. The following categories of participants are exempt from paying the contribution: • Full medical card holders in their own right and their dependent children; • Those who are eligible under the student grant scheme; • Those in receipt of the BTEA or Vocational Training Opportunities Scheme (VTOS) allowances. PLC participants may also be asked to pay for the following: • Books, uniforms/clothing or other equipment which becomes the personal property of the learner • Student Services • Registration charges by professional bodies • Examination fees

Schools Refurbishment 219. Deputy Pat Deering asked the Minister for Education and Skills when payment for minor works grants in 2011 will be made. [24119/11]

Minister for Education and Skills (Deputy Ruairí Quinn): No decisions have yet been taken regarding the payment of the primary school minor works grant in the current school year. Schools have been informed that they should not enter into any capital commitment in anticipation of the minor works grant being paid this year.

School Enrolments 220. Deputy Pat Deering asked the Minister for Education and Skills if he will allow roll book entries be made in English in view of the diverse culture of the children attending schools here. [24120/11]

Minister for Education and Skills (Deputy Ruairí Quinn): It is a longstanding custom and practice in some schools at primary level that the roll books are completed through Irish and for schools to translate the names of pupils and in some cases the addresses, to Irish for this purpose. However, it is open to schools to use the English version if they wish.

195 Questions— 14 September 2011. Written Answers

Special Educational Needs 221. Deputy James Bannon asked the Minister for Education and Skills if he will give an update on the educational provision in respect of eight persons (details supplied), left without a school place suitable to their requirements, due to the lack of funding for Achieve ABA; and if he will make a statement on the matter. [24125/11]

Minister for Education and Skills (Deputy Ruairí Quinn): The Deputy’s question refers to a proposal for an academy for children with autism which was submitted to my Department for consideration by Achieve ABA. The Deputy will be aware that my Department had no direct funding arrangements with the group in question. Consideration of this proposal took account of my Department’s policy in this regard, which is focused on ensuring that all children, including those with autism, can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network. This facilitates access to individualised education programmes, fully qualified professional teachers who may draw from a range of autism-specific interventions, including ABA, special needs assistants, and the appropriate school curriculum with the option where possible of full/partial integration and interaction with other pupils. As each child with autism is unique it is important that children have access to a range of interventions so their broader needs can be met. My Department’s policy is to provide for children with special educational needs, including autism, to be included in mainstream schools unless such a placement would not be in their best interests or the interests of the children with whom they are to be educated. Some children may be supported in a special class attached to a mainstream school. These students have the option, where appropriate, of full/partial integration and interaction with other pupils. Other children may have such complex needs that they are best placed in a special school. Students with special educational needs have access to a range of support services including additional teaching and/or care supports. In special schools and special classes, students are supported through lower pupil teacher ratios. Special needs assistants may also be recruited specifically where pupils with disabilities and significant care needs are enrolled. The Deputy will be aware that the National Council for Special Education (NCSE) is responsible for the provision of a range of educational services at local and national level for students with special educational needs. In particular, its network of Special Education Needs Organ- isers (SENOs) co-ordinates special needs education provision at local level and arranges for the delivery of special educational services. The SENOs act as single points of contact for parents of students with special educational needs. Another specific function of the SENO is to identify appropriate educational placements for children with special educational needs. SENOs are a valuable source of support to parents who are actively sourcing a placement for their children. The NCSE have been fully engaged in securing placements for the children in question. The NCSE has advised my Department that, irrespective of the assessed levels of ability of the children, there are placements available for these children. I also understand from my officials that the parents of the children have been advised of their placement options by the NCSE at the start of this week. I also wish to advise the Deputy that my Department has approved additional home tuition for the children which will facilitate transitional arrangements when the school based placements have been accepted by the parents.

Institutes of Technology 222. Deputy Paudie Coffey asked the Minister for Education and Skills if he will give an

196 Questions— 14 September 2011. Written Answers update in relation to the commitment in the programme for Government for a technological university for the south east; and if he will make a statement on the matter. [24133/11]

229. Deputy Brendan Smith asked the Minister for Education and Skills the proposals he has to develop a technological university in County Waterford; and if he will make a statement on the matter. [24200/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I propose to take Questions Nos. 222 and 229 together. The National Strategy for Higher Education to 2030, otherwise known as the Hunt report, lays out a clear possible development pathway for amalgamated institutes of technology, which meet specified performance criteria, to seek re-designation as technological universities. A small number of new technological universities, with their own legislative framework and a distinct mission that is faithful to the ethos of the technological sector, working with existing universities, institutes of technology and other education providers, can enrich the diversity and quality of the Irish higher education landscape. I have asked the Higher Education Authority for its formal advice on performance criteria to be used in an independent assessment process for any future applications for designation as technological universities. A consultation process on draft criteria is being undertaken by the Higher Education Authority and will be completed early next month. It is understood that the Higher Education Authority hopes to sign off its formal advice to my Department at its November meeting of the Authority. I will expedite consideration of the advice with a view to publishing the criteria before the end of December. All applications will be considered under an independent assessment process. Once a process is in place it will be open to institutes of technology to come together to make applications for consideration for re-designation, including those in the south east.

Grant Payments 223. Deputy James Bannon asked the Minister for Education and Skills if financial assistance is available for a person (details supplied) in County Longford to enable them to complete the second part of a legal course; and if he will make a statement on the matter. [24140/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I understand that in the case referred to by the Deputy, an application for a grant made to the student’s local authority was unsuccessful and that in a subsequent appeal made to the local authority the original decision was upheld. I also understand that a further appeal has now been made to the Student Grants Appeal Board. The board is independent in the exercise of its functions and is due to issue a determination within 60 days of receipt of the appeal.

Teaching Qualifications 224. Deputy Finian McGrath asked the Minister for Education and Skills if there is a bilateral agreement with New Zealand in regard to the mutual recognition of qualifications. (details supplied) [24153/11]

Minister for Education and Skills (Deputy Ruairí Quinn): In 2010, the National Qualifi- cations Authority of Ireland (NQAI) completed a project on the compatibility of the Irish National Framework of Qualifications (NFQ) and New Zealand Register of Quality Assured Qualifications. As part of this project, compatibility statements in relation to higher education

197 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.] major awards at NFQ levels 7-10 were made. The full report is available on the NQAI’s website. Compatibility statements in relation to awards on national frameworks provide a guide for individual education and training institutions and employers in considering foreign awards. In the absence of such statements, institutions and employers must consider the learning outcomes associated with the individual award concerned against their requirements. In general, this should not depend on the provider or type of provider which provided the programme of education and training which leads to that award.

State Examinations 225. Deputy Joe Costello asked the Minister for Education and Skills if he will allow a person (details supplied) in Dublin 11 to attend school and to complete their leaving certificate; and if he will make a statement on the matter. [24160/11]

Minister for Education and Skills (Deputy Ruairí Quinn): Based on the information provided by the Deputy, it would appear that the person in question has fully completed second level education and is therefore in the same position as any other person who finds that they need to take subjects in the Leaving Certificate Examination in order to pursue a particular course. The State Examinations Commission facilitates people to take the Leaving Certificate as external candidates. In general, people preparing for the Leaving Certificate examination would avail of any provision being made by VECs, as part of their adult education programmes.

School Transport 226. Deputy David Stanton asked the Minister for Education and Skills when a contract, currently held by Bus Éireann, for the rural school transport scheme terminates; if this contract was subject to public tendering process; if not, if he will advise if this is in contravention of European Union law and if future contracts will be subject to public tendering processes; and if he will make a statement on the matter. [24190/11]

Minister of State at the Department of Education and Skills (Deputy Ciarán Cannon): Administrative arrangements exist between Bus Éireann (formerly CIÉ) and the Department since 1968 to provide the general school transport services, which were updated in 1975 and which have been adapted as required to meet evolving needs. The Value for Money Review of the School Transport Schemes concluded that, particularly in the context of the complexities of deciding on eligibility for school transport, procuring school transport and developing networks for school transport, a single national organiser with a regional dimension to operate the scheme is required and that in the medium term this should continue to be Bus Éireann. My Department is satisfied that the current administrative arrangements with Bus Éireann do not contravene E.U. Regulations.

School Staffing 227. Deputy David Stanton asked the Minister for Education and Skills if resource hours are to be allocated to a person (details supplied) in County Cork; and if he will make a statement on the matter. [24196/11]

198 Questions— 14 September 2011. Written Answers

Minister for Education and Skills (Deputy Ruairí Quinn): 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 schools to support children with special educational needs. The NCSE operates within my Department’s criteria in allocating such support. Circular 37/2011 provides information to schools regarding the arrangements which are being put in place for the 2011/12 school year for the allocation of Resource Teaching hours for children with assessed special educational needs. In relation to the allocation of individual Resource Teaching hours, the position is that for the coming 2011/12 school year, an allocation of 90% of valid identified resource teaching allocations has been made by the NCSE to schools, including the school referred to by the Deputy in Midleton, in the first instance, to provide schools with the majority of their allocation, while also preserving enough capacity to deal with late applications and ensure that the Department of Education and Skills can remain within Employment Control Framework obligations. Schools have now been asked to forward as soon as possible any outstanding applications, or additional outstanding materials to support incomplete applications, to the NCSE for consideration, but in any event by no later than 16th September 2011. Following the receipt of all such applications, consideration will be given as to whether there is potential to revise the 90% allocation previously given to schools, and also the extent to which new Resource Teaching allocations can be made, taking into account the number of valid new applications received and in the context of my Departments Employment Control Framework obligations.

Question No. 228 answered with Question No. 176.

Question No. 229 answered with Question No. 222.

School Textbooks 230. Deputy Brendan Smith asked the Minister for Education and Skills the progress that has been made in relation to the need to reduce the cost of school textbooks; and if he will make a statement on the matter. [24201/11]

Minister for Education and Skills (Deputy Ruairí Quinn): I recently met with educational book publishers, representatives of parents’ organisations and the Society of St. Vincent de Paul regarding the cost of school textbooks. Subsequently, the publishers devised a voluntary Code of Practice and, while I welcome the Code as a significant step in the right direction, I believe that more should be done to reduce the price of textbooks. Accordingly. I have proposed to the representatives of the textbook publishers: that the cover price of the most popular textbooks should be reduced; that a significant discount should be given to schools which purchase textbooks in bulk, in line with the discounts given to retailers of textbooks; that the practice of combining a conventional textbook and workbook in a single volume should be ended to allow students to re-use a textbook; and that support materials should be provided to teachers online, to minimise ancillary printing costs. While respecting the position that educational book publishers are independent private companies not under the direct control of my Department, I intend to meet with their representatives again to progress these issues.

199 Questions— 14 September 2011. Written Answers

[Deputy Ruairí Quinn.]

I am also keen to examine if there are ways to encourage schools, via the book grant scheme, to establish or maintain book rental schemes as I believe this to be one of the most effective ways of lowering the burden of the cost of school books. I have invited the National Parents Councils at primary and post-primary levels to provide me with examples of good practice of book rental schemes. Drawing on these and other examples, I intend to publish advice to schools on how best to establish and maintain textbook rental schemes in schools well in advance of the beginning of the next school year.

Question No. 231 answered with Question No. 213.

Legislative Programme 232. Deputy Tom Hayes asked the Minister for Public Expenditure and Reform the position regarding the Construction Contracts Bill 2010; and when this Bill will appear before the Dáil Éireann. [22683/11]

236. Deputy Michael McGrath asked the Minister for Public Expenditure and Reform the position regarding the Construction Contracts Bill; and if he will make a statement on the matter. [23575/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): I propose to take Questions Nos. 232 and 236 together. The Programme for Government contains a commitment to introduce new legislation to protect small building subcontractors that have been denied payments from bigger companies. In addition, you may be aware that the Construction Contracts Bill 2010 was introduced by Senator Feargal Quinn and passed Committee and remaining stages in the Seanad on 8 March 2011. It is now before the Dáil. In this regard, my colleague Minister of State, Mr Brian Hayes is working with Senator Quinn to continue a collaborative approach in regard to advancing the Bill. The Senator’s Bill is a welcome initiative and I understand that Minister Hayes and Senator Quinn held a meeting with relevant stakeholders and opposition spokespersons on 28th June 2011. This consultation highlighted a number of matters relating to the Bill that required further consideration and that have been taken into account in the Regulatory Impact Assessment which is being finalised in my Department at present. These steps will make it possible to bring proposals to Government about how to progress this legislation. It is intended to have the legislation progress in the Dáil in the current session. It is important that a solution to the problem of non-payment in the construction sector must not place an unnecessary regulatory or cost burden on the parties to the dispute, other parties involved in the project, or the State.

Pension Provisions 233. Deputy Terence Flanagan asked the Minister for Public Expenditure and Reform his views on a matter (details supplied) regarding Oireachtas pensions; and if he will make a statement on the matter. [23002/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The Programme for Government contains a number of provisions relating to the matter referred to in the details supplied. The Government is reviewing how the Programme in regard to the benefits of Oireachtas Members will be implemented.

200 Questions— 14 September 2011. Written Answers

Departmental Funding 234. Deputy Joe Costello asked the Minister for Public Expenditure and Reform the contribution of the State to the recent works carried out to Glasnevin Cemetery, Dublin 9; if his attention has been drawn to the fact that the planned access to the Botanic Gardens has not been provided; and if he will make a statement on the matter. [23018/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): A scheme of restoration of Glasnevin Cemetery commenced in 2007. Funding for the works is being provided through the Office of Public Works. The Glasnevin Cemeteries Group is managing the works, with the Office of Public Works acting in an advisory capacity. The project is working towards completion in time for the centenary of the 1916 rising in 2016. To date €10.033million has been contributed by the State by way of grant assistance to the project. Works completed to date include: the relocation of the Sigerson Memorial; landscaping in the vicinity of the Round Tower and lighting of the base of this tower; cleaning of monuments close to the O’Connell Tower; cleaning of the Monaghan Chapel; replacement of railings around a number of monuments; provision of new foundations for headstones and reinstate- ment of damaged headstones. In addition, part of the ongoing work has been to remove many of the lower branches from the trees in order to provide better visibility for visitors to the cemetery. Removal of ivy from tree trunks and monuments has also been undertaken. The area at the eastern end of the cemetery has been grassed and the re-surfacing of the eight kilometres of paths has begun. Improvements have been made to drainage by sinking new manholes into the century-old drains. Among the works planned to be carried out in 2011 are: preservation works to Prospect Lodge (listed building); further works to the road and pathway infrastructure; upgrading of works yard adjacent to the Crematorium; further bollard installation, wiring and electrical works; and further horticultural upgrading works. The historic cemetery will be linked to the neighbouring National Botanic Gardens, providing an opportunity to mutually enhance both national institutions. The necessary preparatory design work for this link has been completed and it is expected to commence following planning consultation. In addition to the works already mentioned, the programme of work included the provision of a state of the art heritage centre and museum at the entrance to the cemetery. The Glasnevin Trust Museum and Visitor Centre was formally opened on 8th April 2010. This project was managed and funded separately by the Glasnevin Trust. The museum has already won many prestigious awards.

Universal Social Charge 235. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the return of the Exchequer from the health levy in the past full year before the introduction of the universal social charge. [23254/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Receipts in respect of the Health Levy in 2010, the last year prior to the introduction of the universal social charge, amounted to €2,017.656m.

Question No. 236 answered with Question No. 232.

Review of Expenditure 237. Deputy Denis Naughten asked the Minister for Public Expenditure and Reform if the

201 Questions— 14 September 2011. Written Answers

[ Deputy Denis Naughten.] input suggestion scheme is still in operation; the savings that have been made to date as a result of this scheme; and if he will make a statement on the matter. [24169/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Members of the public were invited to submit suggestions to the Comprehensive Review of Expenditure through my Department’s website www.per.gov.ie. The period for suggestions to be put forward for consideration has now elapsed. All suggestions received as part of the Comprehensive Review of Expenditure have been forwarded to the relevant parent Department for appraisal and, where appropriate, they will be included as part of the overall pre-budget deliberations of the Government.

Pay Levels 238. Deputy Thomas P. Broughan asked the Minister for Public Expenditure and Reform if he will establish a top pay commission to examine pay and compensation levels across the whole economy and establish key pay relatives across the public and private sector; and if he will make a statement on the matter. [22333/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): I refer to my reply to Questions Reference Nos. 22181 and 22182 of 21 July 2011.

Departmental Expenditure 239. Deputy Shane Ross asked the Minister for Public Expenditure and Reform the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22728/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Records for expenditure on taxis for my Department are from April 2011 only. Since that time a total of €2,991 euros has been spent on taxi fares. Taxis should be used for official business purposes only. While it is not Departmental policy to pay taxi fares for outsiders, occasionally a journey, which begins from this Department, will include outsiders along with a Departmental official. This would be done as a means of reducing overall expenditure for the public service.

National Monuments 240. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform if his attention has been drawn to the fact that the Staigue Fort in Castlecove, County Kerry is frequented by many visitors and Kerry County Council has a policy of not cutting hedges on roads; if, due to the volume of traffic on this road to the fort, the Office of Public Works will make an exception in this case and for the very small sum involved and in the interest of safety would they cut the hedges to this national monument once a year as part of regular maintenance; and if he will make a statement on the matter. [22894/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): Staigue Fort, Castle- cove, Co Kerry is a stone cashel in State guardianship. It is sited on privately owned lands and public access is granted through the goodwill of the landowner. The lands and approaches to the monument do not fall under the maintenance remit of the Office of Public Works. Budgetary

202 Questions— 14 September 2011. Written Answers constraints and limited resources will not allow the routine maintenance of hedging on the public roads.

Flood Damage 241. Deputy Seán Kyne asked the Minister for Public Expenditure and Reform if the Office of Public Works has condemned the house of a person (details supplied) in County Galway; and if the file on this issue has been sent to the Department of Social Protection in preparation for the relocation of said person. [22921/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): At the request of the Department of Social Protection, the Office of Public Works carried out a technical assessment of a number of dwellings affected by the 2009 flood events, including that of the person referred to by the Deputy. Correspondence issued to the Department of Social Protection in May 2011. A copy of this correspondence was made available to the individual in question. Consideration of applications for humanitarian aid, including relocation, is a matter for the Department of Social Protection.

Flood Relief 242. Deputy Michael Healy-Rae asked the Minister for Public Expenditure and Reform the position regarding a section of embankment along the River Laune (details supplied); and if he will make a statement on the matter. [22930/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): The Office of Public Works is currently undertaking the necessary repair works to the stretch of embankment concerned. These works have been ongoing for a number of weeks and consist of the underpinning and reconstruction of concrete aprons. The works are expected to be completed later this month. An OPW official recently met with the landowner concerned in relation to the works.

Departmental Expenditure 243. Deputy Shane Ross asked the Minister for Public Expenditure and Reform the amount his Department has spent on taxis for staff and for others in each of the past four years. [23302/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Records for expenditure on taxis for my Department are from April 2011 only. Since that time a total of 2,991 euros has been spent on taxi fares.

244. Deputy Shane Ross asked the Minister for Public Expenditure and Reform the details of spending using Departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit cards. [23317/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Records on expenditure on credit cards for the Department of Public Expenditure and Reform are only available from April 2011. Since then a total of €823.40 has been spend on the cards and a total of €408.65 of this relates to expenditure on entertainment. The credit card limit is €5,000 euros. The total number of credit cards held within the Department is three.

203 Questions— 14 September 2011. Written Answers

Ministerial Staff 245. Deputy John O’Mahony asked the Minister for Public Expenditure and Reform the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23347/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Since his appointment as Minister of State for Public Service Reform and the Office of Public Works at the Department of Public Expenditure and Reform and Department of Finance, Mr Brian Hayes, TD has appointed the following staff member to his office:

Grade Salary Scale (per annum)

Staff Officer €33,070 — €43,906

246. Deputy John O’Mahony asked the Minister for Public Expenditure and Reform the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23362/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Since my appointment as Minister for Public Expenditure and Reform on 9 March 2011 the relevant details are as follows:

Name Title Salary (per Duties annum)

Anne Byrne Special Adviser €83,337 Any duties which may be assigned to her from time to time as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997. Ronan O’Brien Special Adviser €114,000 Any duties which may be assigned to him from time to time as appropriate to the position of Special Adviser as set out in Section 11 of the Public Service Management Act 1997.

247. Deputy John O’Mahony asked the Minister for Public Expenditure and Reform the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23377/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Since my appointment as Minister for Public Expenditure and Reform on 9 March 2011, the following staff have been appointed to my private office:

Grade Salary Scale (per annum)

1 Private Secretary €42,838 — €60,224 1 Executive Officer €29,024 — €47,379 3 Clerical Officers (CO) €23,177 — €37,341

The following staff are assigned to work on constituency matters. 204 Questions— 14 September 2011. Written Answers

Grade Salary Scale (per annum)

1 Personal Secretary €23,820 — €47,755 1 Personal Assistant €43,715 — €56,060 1 Clerical Officer (CO) €23,177 — €37,341 1 Clerical Officer (CO) €23,042 — €36,267

Departmental Expenditure 248. Deputy Simon Harris asked the Minister for Public Expenditure and Reform the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23450/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The information technology purchasing policy of my Department and agencies under its remit is to ensure that all procurements comply with procurement law, provide value for money, are fit for purpose, and comply with all applicable standards. All ICT expenditure is tendered in accordance with Circulars 2/09, 10/10 and 2/11 to ensure best VFM. Additionally my Department and all agencies procure, where appropriate, from centrally-negotiated Public Service-wide framework contracts for a wide-range of IT and telecoms products and services. The budgets available for each were:

Dept/Agency 2010 2011

€’000 €’000 Public Expenditure & Reform — 6261 Public Appointments Service 1,181 1,245 Commission for Public Service Appointments 55 34 Valuation Office 1,004 906 Office of the Ombudsman2; 256 196 State Laboratory 234 225 Footnotes: 1. This figure covers IT expenditure for both the Department of Finance and the Department of Public Expendi- ture & Reform as IT is now provided on shared service basis between them. 2. The IT Unit within the Office of the Ombudsman also provides shared IT services for the Offices of the Infor- mation Commissioner, Commissioner for Environmental Information, the Standards in Public Office Commission, and the Commission for Public Service Appointments.

Expenditure Reviews 249. Deputy Sean Fleming asked the Minister for Public Expenditure and Reform if he will publish the details of his Department’s submission and all correspondence for consideration as part of the comprehensive spending review. [23477/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): Departmental submissions to the CRE are a central part of the overall pre-budget deliberations of the Govern- ment. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. I would envisage that the reports submitted as part of 205 Questions— 14 September 2011. Written Answers

[Deputy Brendan Howlin.] the CRE process can be made available publicly following the completion of the budgetary and Estimates process.

Heritage Sites 250. Deputy Michelle Mulherin asked the Minister for Public Expenditure and Reform if he will extend the public opening season of the Ceide Fields Interpretative Centre, County Mayo, which has been short-listed to be declared a world heritage site, to correspond with the tourist season to run from 17 March 2011 to after the Halloween mid-term break with effect from the remainder of this season. [23482/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): All operations, including opening times and staffing levels, are reviewed annually in light of budgetary constraints. As a result, some centres may experience a change in the length of their season. For the past number of years, the Easter holidays have marked the opening of this site. It is expected that the season up to the 26th October will meet the visitor demands in the area.

251. Deputy Patrick O’Donovan asked the Minister for Public Expenditure and Reform the visitor numbers for a site (details supplied) in County Limerick operated by the Office of Public Works for the years 2008, 2009, 2010 and during the season in 2011; and if he will make a statement on the matter. [23483/11]

Minister of State at the Department of Finance (Deputy Brian Hayes): Visitor numbers to the Desmond Hall at Newcastle West, Co. Limerick are:—

2008 2009 2010 2011

2,410 2,823 3,324 3,702

Desmond Hall, Newcastle West is open between the end of May and the end of August annually. A guide service presents the site to visitors and has been actively promoting the site locally.

Public Sector Pay 252. Deputy Peter Mathews asked the Minister for Public Expenditure and Reform the legal status regarding a matter (details supplied); and if he will make a statement on the matter. [23796/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The Financial Emergency Measures in the Public Interest (No 2) Act, 2009 made provision for a reduction in the salaries of public servants with effect from 1 January 2010. As with all legislation, the Act enjoys the presumption of Constitutionality and legality unless found otherwise by the Courts.

Departmental Staff 253. Deputy Seán Kenny asked the Minister for Public Expenditure and Reform the number of persons employed by his Department by grade; and the pay scale by grade within his Depart- ment. [23920/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): The following is a breakdown of Whole-Time Equivalents (WTEs) employed in my Department as at end August 2011: 206 Questions— 14 September 2011. Written Answers

Grade Total

Secretary General PER 1.00 Second Secretary 1.00 Assistant Secretary 7.00 Principal 34.70 Assistant Principal 79.80 Administrative Officer 18.00 Higher Executive Officer 53.30 Executive Officer 29.00 Staff Officer 10.83 Clerical Officer 34.00 Chief Medical Officer 1.00 Occupational Physician 2.00 Nurse 3.00 Driver 2.00

Grand Total 276.63

The current payscales for general civil service grades and grades common to two or more Departments are outlined in Circular 28/2009 which is available on the Department’s website www.finance.gov.ie

Civil Service Staff 254. Deputy Patrick O’Donovan asked the Minister for Public Expenditure and Reform the number of retirements that are expected from the Civil Service at the levels of Secretary General, Assistant Secretary General, Principal Officer and Assistant Principal Officer in the remainder of 2011; the expected costs of same; and if he will make a statement on the matter. [24037/11]

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): I understand that it is likely that one Secretary-General will retire before the end of this year. The provision in the Book of Estimates for Vote 7 (Superannuation and Retired Allowances) was based on a projected 1,400 retirements and 600 deaths of pensioners or their surviving dependants. The 2011 gross provision for Vote 7 is €450.025 million and it is estimated that the average pension cost is €27,000 per annum. It difficult to predict with any certainty the number of retirements from the Civil Service in any year, as staff may retire at any time between 60 and 65 years of age, or indeed earlier than this with an actuarial reduction being applied to their pension. The rate of retirements thus far this year is somewhat slower than originally estimated, but it is too early to make definite estimates of the end-year position on the Vote. The ending of the ‘grace period’ at end February 2012 is a factor.

Professional Fees 255. Deputy Pearse Doherty asked the Minister for Public Expenditure and Reform the potential savings to the Exchequer by reducing professional fees paid by the State by 25%. [24276/11] 207 Questions— 14 September 2011. Written Answers

Minister for Public Expenditure and Reform (Deputy Brendan Howlin): In the recently published 2011 Revised Estimates for my Department approximately €127,000 has been set aside for expenditure on consultancy and other services in my Department. If a 25% reduction applied to this allocation this would give potential savings of €31,750. In relation to expenditure in 2010 on professional fees by agencies under the aegis of my Department the following outlines the position of each:— Valuation Office Based on the 2010 expenditure the potential savings of a 25% reduction in professional fees to the Valuation Office would be €57,860. Office of the Ombudsman In 2010 expenditure on professional fees (consultancy and legal) for the Office of the Ombudsman amounted to €505,000. A 25% reduction in fees paid would have resulted in savings of €126,250. State Laboratory In 2010 expenditure on professional services the State Laboratory was €13,243. A 25% reduction in fees paid would have resulted in savings of €3,311. Public Appointments Service Based on the 2010 expenditure if professional fees were reduced by 25%, the savings would be €2,530 (based on expenditure incurred for internal audit reports). Commission for Public Service Appointments Based on the 2010 expenditure there would be a saving of €16,000 if a 25% was taken by reducing professional fees in the Commission for Public Service Appointments. Office of Public Works The total paid by the Office of Public Works in respect of professional fees in 2010 was €20,906,305 (VAT inclusive). A 25% reduction in fees paid would have resulted in savings of €5,226,576. The Deputy should be aware that the figures include fees some of which are determined by legislation, regulation, contract etc and a reduction of these fees may require agreement of the parties concerned. The Deputy should also note, that expenditure in relation to professional fees in 2010 for my Department are covered by material provided by the Department of Finance in respect of that year given that the Department of Public Expenditure and Reform was not officially established until last July.

Departmental Funding 256. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the funding available from any Government Department that will assist a person (details supplied) in County Kerry to set up a new business; and if he will make a statement on the matter. [23237/11]

208 Questions— 14 September 2011. Written Answers assistance is delivered directly to businesses. The CEB’s role positions them as a first point of contact for persons wishing to set up in business. The forms of financial assistance, which are available, subject to certain restrictions and conditions, include Priming Grants, Business Expansion/Development Grants, and Feasibility/Innovation Study Grants. The CEBs give priority to enterprises in the manufacturing or internationally traded services sector and must always give consideration to any potential for deadweight and displacement arising from a proposed enterprise. In addition, the CEBs deliver a range of non-financial supports to improve management capability development within micro-enterprises designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow. I would advise the promoter to contact their appropriate CEB; Kerry County Enterprise Board in the first instance to discuss what options may be available to them and their proposed business venture. The Board is located at the County Buildings, Rathass, Tralee, Co. Kerry; Phone No: 066 718 3522, Fax No: 066 712 6712: Email: [email protected] Website: www.kerryenterprise.ie

Employment Permits 257. Deputy Bernard J. Durkan asked the Minister for Jobs, Enterprise and Innovation the procedure to be followed to obtain a green card in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23626/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The issue of any employment permit is predicated on a job offer from a prospective Irish employer who has made every effort to recruit an Irish or EEA national for the post. Applications, which can be submitted by either the prospective employee or employer, are considered under the Employ- ment Permits Acts 2003 and 2006. Further information, guidelines on the different employment permit schemes and application forms for new permits are available on my Departments website at www.djei.ie. I wish to advise the Deputy that it is current Government policy to issue new employment permits only in respect of: • highly skilled, highly paid positions or; • non-EEA nationals who are already legally resident in the State on valid employment permits or; • where there is an officially recognized scarcity of workers of a particular type or qualification.

Industrial Development 258. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation the level of trade between Ireland and China in each of the years 2007, 2008, 2009, 2010 and to date in 2011. [23917/11]

259. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation the level of trade between Ireland and South Africa in each of the years 2007, 2008, 2009, 2010 and to date in 2011. [23918/11]

260. Deputy Seán Kenny asked the Minister for Jobs, Enterprise and Innovation the level of trade between Ireland and Russia in each of the years 2007, 2008, 2009, 2010 and top date in 2011. [23919/11]

209 Questions— 14 September 2011. Written Answers

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 258 to 260, inclusive, together. While certain specific Trade Promotion functions have been transferred to the Department of Foreign Affairs and Trade, my Department, in addition to retaining lead responsibility for Trade Policy, also has responsibility for the compilation and editing of Trade Statistics. Details of Ireland’s trade (both Merchandise and Services) with China, South Africa and Russia, from 2007 to date (to the extent available), are set out in the following tables:

Ireland’s Trade with China (€million)

Merchandise Merchandise Merchandise Services Services Services Exports Imports Trade Deficit Exports Imports Trade Surplus

2007 1,320 4,782 -3,462 1,233 131 1,102 2008 1,609 3,902 -2,293 1,425 430 995 2009 1,632 2,591 -959 1,512 237 1,275 2010 1,673 2,524 -851 * * * Jan-May 2010 709 836 -127 * * * Jan-May 2011 605 1,102 -497 * * *

Ireland’s Trade with Russia (€million)

Merchandise Merchandise Merchandise Services Services Services Exports Imports Trade Surplus Exports Imports Trade Surplus

2007 327 78 249 1,165 166 999 2008 344 134 210 1,244 254 990 2009 243 81 162 964 130 834 2010 373 160 213 * * * Jan-May 2010 152 87 65 * * * Jan-May 2011 231 63 168 * * *

Ireland’s Trade with South Africa (€million)

Merchandise Merchandise Merchandise Services Services Services Exports Imports Trade Surplus Exports Imports Trade Surplus

2007 369 166 203 590 308 282 2008 312 148 164 536 275 261 2009 214 103 111 547 210 337 2010 283 87 196 * * * Jan-May 2010 93 22 71 * * * Jan-May 2011 105 46 59 * * * * Country-specific Services Trade data not yet available from Central Statistics Office

EU Funding 261. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he has facilitated a microcredit provider to access the progress microfinance facility in order to issue guarantees to small and medium enterprises or to provide funding to increase microcredit lending; and if he will make a statement on the matter. [24151/11] 210 Questions— 14 September 2011. Written Answers

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The European Pro- gress Microfinance Facility is a European Investment Fund (EIF) initiative to support entrepreneurship and employment through microfinance activities. The EIF does not provide direct financing to micro-entrepreneurs, micro-businesses or individuals. Financing is made available through intermediaries participating in the Facility. Eligible intermediaries are any public and private institutions that provide microfinance loans and/or guarantees to individuals, or micro-enterprises established in the EU Member States. Appli- cations for participation do not require State involvement. EIF provides to selected intermediaries, capped guarantees partially covering their portfolios of micro-loans, or guarantees on micro-loans granted to micro-enterprises, including self- employed people, female entrepreneurs, young entrepreneurs, entrepreneurs belonging to a minority group, entrepreneurs with a disability and sole traders. To apply to become an inter- mediary, interested institutions must submit a formal application for Progress Microfinance micro-credit guarantee directly to the EIF. Applications can be made until 31 December 2013. As the Deputy will be aware, work is underway within my Department on the establishment of a Microfinance Fund as set out in the Programme for Government which is intended to provide loans to micro-enterprises. The Fund, including scheme design and appropriate delivery mechanisms, will be developed with a view to formalising proposals in the context of Budget 2012. In the context of developing a Microfinance Fund, there has been contact with the EIF to explore the possibilities of accessing the Progress Microfinance Facility to support any national Fund being established. This matter will be pursued further with the EIF when arrangements for a national Microfinance Fund are being finalised.

Departmental Expenditure 262. Deputy Shane Ross asked the Minister for Jobs, Enterprise and Innovation the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22722/11]

270. Deputy Shane Ross asked the Minister for Jobs, Enterprise and Innovation the amount his Department has spent on taxis for staff and for others in each of the past four years. [23301/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 262 and 270 together. My Department operates a taxi account through National Radio Cabs whereby staff use taxis on account as necessary for business purposes. The taxi costs for staff and for non-staff members for the past four years are set out in the following table.

Year Staff costs Non-staff members Total

2008 €63,873 €122 €63,995 2009 €19,211 €238 €19,449 2010 €16,744 €338 €17,082 2011 to date €8,938 €357 €9,295

211 Questions— 14 September 2011. Written Answers

[Deputy Richard Bruton.]

The data in the table does not include expenditure where taxis other than National Radio Cabs are used by officials of the Department/Offices while on official business in Ireland or abroad. In these instances taxi costs are included with other forms of transport costs on my Depart- ment’s financial management system and it is not feasible to identify such taxi costs separately. My Department recognises that the use of public transport is normally the most economical means of transport available and should be availed of by staff wherever possible. As a general rule, the use of taxis — either in Ireland or abroad — should arise only where no suitable public transport is available, or where the use of public transport is not feasible. The following is the instruction to staff concerning the use of taxis:—

Every effort should be made to minimise the use of taxis, whether on the Department’s Corporate account, or through personal hire for which a refund is subsequently claimed. Staff are reminded that the bus service, which passes close to most of the Department’s Dublin offices, should be used for journeys to and from the airport where possible. This service is frequent, reliable and considerably cheaper than taxis.

Whether a taxi is being charged to the account or being reimbursed on foot of a receipt, staff are regularly asked to explain the reason why a taxi was required or are asked for an expla- nation in regard to the cost. My Department is housed in six separate offices in Dublin city and taxis are used by staff to move IT equipment, lodge cash in the bank or to move boxes, crates and in some cases small items of furniture. Staff may also use taxis where there is a perceived risk to personal safety (e.g. when arriving/departing at unsociable hours), or where there is a likelihood of missing a flight or where it is not practical to use public transport due, for example, to the location of the hotel or meeting room. The Department’s Administrative Budget, which will contain the provision for taxi services for 2012, will be announced on Budget Day.

Industrial Development 263. Deputy Michelle Mulherin asked the Minister for Jobs, Enterprise and Innovation the Industrial Development Agency plans for the development of a technology park at its site on the Sligo Road, Ballina, County Mayo; his plans to attract a significant employer to the site; and if he will make a statement on the matter. [22818/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The management of IDA’s property portfolio including the development of Business & Technology Parks is a day to day operational matter for the Agency and not one in which I have a function. I am informed by IDA that, in 2008, it acquired approximately 11 hectares of industrial zoned land on the Sligo Road, Ballina, Co. Mayo for the development of a Business & Tech- nology Park. Perimeter landscaping works on the site have been completed. Capital works for a new park entrance, access road and associated services were also planned, but due to current budgetary constraints these works have not yet taken place. IDA’s Strategy “Horizon 2020 ”, which was published in March 2010, sets a key goal of attracting 50% of investments to Gate- way locations excluding Dublin and Cork by 2014. However, the challenge in achieving an even spread of investment across the country is intensified as the sophistication of investments increase. These investments require a concen-

212 Questions— 14 September 2011. Written Answers tration of highly qualified and educated workers, supporting infrastructure and high level business services. Frequently, competition for FDI comes from city regions with populations in excess of one million people. Dublin is the only recognised city region of scale in Ireland. In selecting locations to show companies, IDA Ireland seeks to include locations which have been affected by closures/job losses. Typically, a company is shown three or four selected towns, which can meet its requirements for skills, labour, site and/or buildings, infrastructure, etc. The lands in Ballina are available to any potential client company and while IDA Ireland seeks to influence the selection of location, the final decision on which location a company will visit and locate in is made by the promoting company. There are 18 IDA client companies in Mayo employing 3,500 people of which 5 are located in Ballina; Hollister, Ballina Beverages (Coca Cola), Charles River Laboratories, Heyco and Lionbridge.

Company Closures 264. Deputy Noel Harrington asked the Minister for Jobs, Enterprise and Innovation the position regarding the closure of a plant (details supplied) in County Cork; if all funds that are due to be repaid have been repaid to the State and its agencies by this company; and if he will make a statement on the matter. [22825/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The company in question went into examinership in November 2008 and into liquidation a few weeks later in December 2008. Following receipt of a letter from the liquidators of the company in question, stating that no funds were available, Enterprise Ireland issued a claim to the guarantor of the grants and equity. The agency continued to pursue the recovery of funds due from the guarantor and the State has since received repayment in full in respect of all amounts owing to Enterprise Ireland. There are no other repayments due.

265. Deputy John Halligan asked the Minister for Jobs, Enterprise and Innovation if he will make a statement in relation to the recent announcement by a company (details supplied) that it is to move 130 jobs, currently engaged in providing customer care services, to off-shore locations within the company group to Egypt and India; his views on allowing this company to relocate these jobs out of Ireland would make a mockery of his jobs initiative. [22892/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The recent announcement by Vodafone Ireland to offshore 139 jobs from its Irish call centres is part of a review of the company’s European operations, which will also impact on its operations in other EU Member States. Vodafone state that in the current market environment cost efficiencies are a prerequisite so as to ensure their continued ability to compete in the Irish market where they employ over 1,000 people. The announcement will impact 45 Vodafone roles and 139 in Rigney Dolphin, Vodafone’s Irish call centre contract partner. The 139 staff are employed by Rigney Dolphin but are in- sourced to Vodafone and are based at its sites in Dublin and Dundalk. Rigney Dolphin have given assurances to the Minister that they will work through the implications of the redundancies with their employees. All impacted Vodafone employees will be offered the opportunity to transfer to alternative roles within Vodafone Ireland, and voluntary redundancy packages will be offered. A consultation process is now underway with all Vodafone employees affected by the decision to finalise

213 Questions— 14 September 2011. Written Answers

[Deputy Richard Bruton.] the alternatives available. The changes to Vodafone Call Centre operations will take place in late 2011 and early 2012. I recently met with representatives from the company. Vodafone sees Ireland as an important strategic country and says it is committed to Ireland for the long-term. Vodafone’s restructuring of its Irish operations was necessary for the company to continue operating in the Irish market, and to ensure future investment by the company in its Irish operations. This investment is vital for maintaining up-to-date infrastructure to meet the service demands. Job creation is central to economic recovery and the Programme for Government has job creation at its core. The role of my Department is to ensure that we have the right policies in place that will support and grow our enterprise base in order to facilitate both job creation and job retention. Enhancing our competitiveness and getting our cost base back into line with key competitors will be vital. Enhancing productivity through innovation and research is also critical. The programmes supported by my Department and its agencies are focused on achieving economic growth through promoting the export potential of enterprise in Ireland and driving sustainable job creation.

Job Creation 266. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will comment on a financial proposal (details supplied). [22979/11]

267. Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation if he will examine a proposal on job creation (details supplied). [23005/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 266 and 267 together. I have examined the proposal in question, which envisages the placement of 200,000 unemployed people back in the workforce while retaining their unemployment payments and receiving a fixed salary of €270 per week from their employer. The question of workers retaining unemployment payments is a matter for the Minister for Social Protection, Ms. Joan Burton, T.D., and her view, on the proposal should be sought. However, I can foresee a number of difficulties with the proposal, including implications for the principles underpinning unemployment payments and difficulties with EU State Aid rules as the measure could be construed as a subsidy to enterprises. There are already a number of schemes in existence which create very generous incentives for businesses to employ people who are on the Live Register. For example, Revenue Job Assist allows employers a double wages deduction in their accounts if they employ a person who has been unemployed for 12 months or more. The double wages deduction may last for 3 years and applies to wages paid to a qualifying employee and to Employers’ PRSI contributions paid in respect of those wages. The Department of Social Protection also operates an Employer’s PRSI Incentive Scheme. This scheme exempts employers from paying PRSI for 12 months in respect of certain qualifying employees. The Government also recently launched the National Internship Programme — Job Bridge — which will provide work experience placements of 6 to 9 months for those who have been on the Live Register for at least 3 months. The aim of the National Internship Programme is to assist in breaking the cycle of jobseekers being unable to obtain a position in the absence of

214 Questions— 14 September 2011. Written Answers experience. The scheme will provide for up to 5,000 work experience placements in the private, public and voluntary sectors. My Department’s website includes information and links to a range of financial and non- financial supports available from Government Departments, Offices and agencies to assist companies to grow, improve competitiveness, create employment and improve productivity. Details are available at: http://www.djei.ie/enterprise/businesssupport.htm.

268. Deputy Michael Healy-Rae asked the Minister for Jobs, Enterprise and Innovation the steps that are being taken by job creating agencies with regard to providing a viable business in the compound of the former Pretty Polly factory in Killarney, County Kerry; and if he will make a statement on the matter. [23017/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The role of Govern- ment is to create the conditions where enterprise, entrepreneurship and innovation can flourish and quality employment opportunities can be grown and maintained. Two Industrial Develop- ment agencies under the aegis of my Department, IDA Ireland and Enterprise Ireland, together with the Kerry County Enterprise Board (CEB) support enterprise development in Co. Kerry. IDA Ireland promotes Co. Kerry for new inward investment across the ICT, International Financial Services and Globally Traded Business sectors. As well as attracting new foreign direct investment, IDA works closely with its existing clients in Kerry to encourage them to expand their operations in the County. IDA continues to market all available land and buildings in the county, including its Business & Technology Park in Killarney. As regards the site in question, I understand that IDA Ireland has requested details of the specification of the building from Killarney Town Council, which owns the building. However, as most potential is in the services sector, whose requirements differ from those of manufacturing, the opportunity to source a prospective FDI tenant for this building may be limited due to its current layout. Enterprise Ireland’s activity as regards job creation is focused on the creation of new jobs through supporting entrepreneurs to set up new high potential start-up companies, and on the retention and creation of jobs in existing companies through the support of company development plans. In Killarney and Co. Kerry as a whole, Enterprise Ireland actively engages with its client companies and has a number of supports and initiatives in place to assist companies. A number of local seminars and workshops on a variety of subjects take place throughout the year. In addition to its existing supports for Irish companies, Enterprise Ireland has launched a new Jobs Expansion Fund, which can provide grant support up to a maximum of €150,000 towards the recruitment of new employees. In 2011, in addition to its existing offer for innovative high potential start-up businesses, Enterprise Ireland also launched a series of Competitive Start Funds geared towards start-up businesses in target sectors, with the most recent focusing on the lifesciences, cleantech and industrial sectors. These initiatives are expressly directed at business projects which can generate new jobs in the short to medium term. Kerry County Enterprise Board provides support for micro-enterprise in the start-up and expansion phases, to promote and develop indigenous micro-enterprise potential and to stimulate economic activity and entrepreneurship at local level. The Board has concentrated efforts on the on-going development of the Killarney Technology Innovation Centre (KTI), which has received funding from Enterprise Ireland, in Deerpark close to the Pretty Polly building. In addition, I have been informed that a meeting is expected to take place between the Chief Executive Officer of Kerry County Enterprise Board and representatives of the Killarney Town

215 Questions— 14 September 2011. Written Answers

[Deputy Richard Bruton.] Council to discuss the Pretty Polly issue further in relation to what advice and/or assistance the Board would be in a position to offer.

Work Permits 269. Deputy Patrick O’Donovan asked the Minister for Jobs, Enterprise and Innovation the number of work permits that were granted by his Department in 2010 and to date in 2011; and if he will make a statement on the matter. [23074/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): My Department processes applications in respect of the different types of employment permits (Green Cards Permits, Work Permits, Spousal/Dependant Permits and Intra-company Transfer Permits). All applications are processed in line with the Employment Permits Act 2006. It is current Government policy to issue new employment permits only in respect of: • highly skilled, highly paid positions or; • non-EEA nationals who are already legally resident in the State on valid employment permits or; • where there is an officially recognized scarcity of workers of a particular type or qualification. I wish to advise the Deputy that in 2010 a total of 7,501 employment permits issued, of which 3,555 were new and 3,946 were renewals. To-date in 2011 a total of 3,968 permits issued, of which 2,383 were new and 1,585 were renewals. Detailed statistics on the numbers of permits issued over the last few years, broken down by sector, nationality and county, can be found on my Department’s website at http://www.djei.ie/labour/workpermits/statistics.htm.

Question No. 270 answered with Question No. 262.

Departmental Expenditure 271. Deputy Shane Ross asked the Minister for Jobs, Enterprise and Innovation the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card. [23316/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I interpret the Deputy’s question as relating to credit cards held by my Department where any costs incurred on the cards are paid directly by the Department. My Department does not operate credit cards of this nature. However, my Department recognises that certain staff may incur substantial up-front costs in the course of their official business. In this context, my Department can facilitate the issuing of a corporate charge card by a commercial provider. In order to be provided with this facility staff must satisfy certain criteria. There must be a business need for the card and a supervisor at Principal Officer level or higher must approve the application. In addition, the Finance Officer must be satisfied that the applicant is required to travel on a regular basis and/or requires the charge card facility, having regard to the officer’s duties.

216 Questions— 14 September 2011. Written Answers

Staff who are issued with corporate charge cards under this arrangement hold individual accounts with the issuing credit card company. Each cardholder is responsible for paying any balances due on his/her account directly to the credit card company as and when they arise. Staff are entitled to reclaim from my Department travel, subsistence and other official expenses incurred in connection with their official duties, in accordance with Department of Finance regulations and applicable rates. Reimbursements of this nature are paid directly to the officers concerned who may use the refunds to settle their charge card accounts. At present, 6 staff of my Department hold corporate charge cards under the arrangement outlined. Provided the individual cardholder has settled his/her account with the credit card company in full and on time each month, no pre-set limit is placed on the card by the provider. However, the card company monitors the spend on the cards, and any out-of-pattern spend or ramp-up in spend on a card is blocked at the point of sale. In addition to these controls, my Department monitors and regularly reviews activity and monthly balances on accounts. Some other staff of my Department choose to use personal credit cards for business-related transactions and claim reimbursement of these expenses in accordance with Department of Finance regulations. My Department pays Government Stamp Duty on all corporate and personal charge/credit cards used for official transactions. The total cost of Stamp Duty paid on these cards from 2008 to the present is set out on the following table:

Year Amount

2008 €1,944.50 2009 €1,470.00 2010 €1,420.00 2011 to date €1, 230.00

Official entertainment includes the hosting of official lunches, dinners and receptions and is governed by Department of Finance guidelines. It is not feasible to provide the amount that was specifically spent by my Department on entertainment using a corporate charge card. Details of my Department’s spend on official entertainment over the last four years is on the table following:

Details of Expenditure on Official Entertainment 2008 to 2011

Year Amount

2008 €39,116.90 2009 €8,922.52 2010 €7,932.05 2011 to date €2,428.80

Ministerial Staff 272. Deputy John O’Mahony asked the Minister for Jobs, Enterprise and Innovation the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23346/11] 217 Questions— 14 September 2011. Written Answers

273. Deputy John O’Mahony asked the Minister for Jobs, Enterprise and Innovation the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23361/11]

274. Deputy John O’Mahony asked the Minister for Jobs, Enterprise and Innovation the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23376/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): I propose to take Questions Nos. 272 to 274, inclusive, together. The tables outline the number of persons employed in each of the private offices and the constituency offices of Ministers and Ministers of State at my Department for 2009, 2010 and to date in 2011. This includes the number of persons currently employed in my private and constituency office and also includes all special advisers employed since 2009.

Ministers and Ministers of State in 2009

Office Private Office Staff Numbers Constituency Office Staff Numbers

Tánaiste and Minister for 2 Special Advisers 1 Executive Officer Enterprise, Trade & Employment 1 Press Adviser 2.8 Clerical Officers 2009 to 23rd March 2010 1 Private Secretary 1 Personal Assistant 2 Executive Officers 1 Personal Secretary 5 Clerical Officers 1 Temp. Clerical Officer Minister of State for Science, 1 Private Secretary 1 Special Adviser (up to 21/4/09) Technology and Innovation 1 Executive Officer 1 Personal Assistant 1 Clerical Officer 1 Personal Secretary 1 Executive Officer 1 Clerical Officer 2 Civilian Drivers Minister of State for Labour Affairs 1 Private Secretary 1 Personal Assistant 1 Executive Officer 1 Personal Secretary 3 Clerical Officers 2 Civilian Drivers Minister of State for Trade & 1 Private Secretary 1 Personal Assistant Commerce 1 Staff Officer 1 Personal Secretary 1 Clerical Officer 1 Secretarial Assistant 1 Clerical Officer 2 Civilian Drivers

Ministers and Ministers of State in 2010

Office Private Office Staff Numbers Constituency Office Staff Numbers

Minister for Enterprise, Trade & 2 Special Advisers 1 Executive Officer Employment 23rd March 2010 to 1 Private Secretary 2.8 Clerical Officers 20th January 2011 2 Executive Officers 1 Personal Assistant 5 Clerical Officers 1 Personal Secretary 1 Temp. Clerical Officer Minister of State for Science, 1 Private Secretary 1 Personal Assistant Technology and Innovation 1 Executive Officer 1 Personal Secretary 1 Clerical Officer 1 Executive Officer 1 Clerical Officer 2 Civilian Drivers Minister of State for Labour Affairs 1 Private Secretary 1 Personal Assistant 1 Executive Officer 1 Personal Secretary 2 Clerical Officers 2 Civilian Drivers

218 Questions— 14 September 2011. Written Answers

Office Private Office Staff Numbers Constituency Office Staff Numbers

Minister of State for Trade & 1 Private Secretary 1 Personal Assistant Commerce 1 Staff Officer 1 Personal Secretary 1 Clerical Officer 1 Clerical Officer 2 Civilian Drivers

Ministers and Ministers of State in 2011 up to the formation of the new Government on 9 March 2011

Office Private Office Staff Numbers Constituency Office Staff Numbers

Minister forEnterprise, Trade & 2 Special Advisers 1 Executive Officer Employment 1 Private Secretary 2.8 Clerical Officers 2 Executive Officers 1 Personal Assistant 5 Clerical Officers 1 Personal Secretary 1 Temp. Clerical Officer Minister of State for Science, 1 Private Secretary 1 Personal Assistant Technology and Innovation 1 Executive Officer 1 Personal Secretary 1 Clerical Officer 1 Executive Officer 1 Clerical Officer 2 Civilian Drivers Minister of State for Labour Affairs 1 Private Secretary 1 Personal Assistant 1 Executive Officer 1 Personal Secretary 2 Clerical Officers 2 Civilian Drivers Minister of State for Trade & 1 Private Secretary 1 Personal Assistant Commerce 1 Staff Officer 1 Personal Secretary 1 Clerical Officer 1 Clerical Officer 2 Civilian Drivers

Ministers of State in 2011 after the formation of the new Government on 9 March 2011

Office Private Office Staff Numbers Constituency Office Staff Numbers

Minister for Jobs, Enterprise and 2 Special Advisers 1 Clerical Officer Innovation 1 Private Secretary 1 Personal Assistant 2 Executive Officers 1 Personal Secretary 5 Clerical Officers 2 Civilian Drivers Minister of State for Research & 1 Private Secretary 1 Personal Assistant Innovation 2 Clerical Officers 1 Personal Secretary 1 Clerical Officer 2 Civilian Drivers Minister of State for Small Business 1 Private Secretary 1 Personal Assistant 1 Staff Officer Personal Secretary (0.5% x 2) 1 Clerical Officer 2 Civilian Drivers

The following tables set out the costs in respect of Salaries, Wages and Allowances and Travel and Subsistence for the Offices of each of the Ministers and Ministers of State for the years 2009, 2010 and 2011 to the end of August. These figures include Ministerial salaries and expenses.

Previous Government

Office of the Minister for Enterprise, Trade and Employment/Innovation

Period Salaries, Wages and Travel & Subsistence Total Allowances

Year 2009* €1,090766.57 €38,291.96 €1,129,058.53 Year 2010 €882,924.40 €13,896.79 €896,821.19

219 Questions— 14 September 2011. Written Answers

[Deputy Richard Bruton.] Period Salaries, Wages and Travel & Subsistence Total Allowances

Year 2011** €213,948.22 €1,956.55 €215,904.77 * Includes severance pay ** Represents payments in respect of the period of service up to 8 March 2011 including severance pay and statutory redundancy.

Office of the Minister for Labour Affairs

Period Salaries, Wages and Travel & Subsistence Total Allowances

Year 2009 €443,734.50 €76,779.28 €520,513.78 Year 2010 €384,957.88 €33,899.02 €418,856.90 Year 2011* €110,571.04 €7,912.66 €118,483.70 * Represents payments in respect of the period of service up to 8 March 2011 including severance pay.

Office of the Minister for Trade and Commerce

Period Salaries, Wages and Travel & Subsistence Total Allowances

Year 2009* €504,449.73 €84,484.95 €588,934.68 Year 2010 €435,114.23 €45,732.91 €480,847.14 Year 2011** €108,564.88 €14,680.24 €123,245.12 * Includes severance pay ** Represents payments in respect of the period of service up to 8 March 2011 including severance pay and statutory redundancy.

Office of the Minister for Science, Technology and Innovation

Period Salaries, Wages and Travel & Subsistence Total Allowances

Year 2009* €546,044.35 €54,276.00 €600,320.35 Year 2010 €436,715.12 €36,399.37 €473,114.49 Year 2011** €218,846.29 €5,553.83 €224,400.12 * Includes severance pay ** Represents payments in respect of the period of service up to 8 March 2011 including severance pay and statutory redundancy.

Current Government:

Office of the Minister for Jobs, Enterprise and Innovation

Period Salaries, Wages and Travel & Subsistence Total Allowances

9/03/11 to date €310,841.02 €4,849.57 €315,690.59

220 Questions— 14 September 2011. Written Answers

Office of the Minister for Small Business

Period Salaries, Wages and Travel & Subsistence Total Allowances

9/03/11 to date €140,244.75 €21,698.25 €161,943.00

Office of the Minister for Technology and Innovation

Period Salaries, Wages and Travel & Subsistence Total Allowances

9/03/11 to date €149,797.34 €16,735.00 €166,532.34

Industrial Relations 275. Deputy Eric Byrne asked the Minister for Jobs, Enterprise and Innovation if it is envisaged that the community sector will be given the right to recognition for the purpose of collective bargaining. [23427/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): While Article 40 of the Irish Constitution guarantees the right of citizens to form associations and unions, it has been established in a number of legal cases that the constitutional guarantee of the freedom of association does not guarantee workers the right to have their union recognised for the purpose of collective bargaining. No differentiation is made in this regard between workers employed in the community sector and those employed in the private and public sectors. I would recommend that voluntary and community organisations engage with their employees and the trade unions representing their employees on all aspects of good employment practice, including recruiting the right person, managing a diverse workplace, preparing model employment contracts or devising essential human resource management policies. The services of the Labour Relations Commission are available to management and to trade unions representing employees in the community and voluntary sector, just as they are available to those engaged in the public and private sectors, to help solve human resource related problems and improve performance, and to develop effective industrial relations practices, procedures and structures so as to best meet the needs of their respective organisations.

Departmental Expenditure 276. Deputy Simon Harris asked the Minister for Jobs, Enterprise and Innovation the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23448/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): Total IT expenditure in my Department and its Statutory Offices in 2010 was €6,334,328 and the budget for this expenditure for 2011 is €6,450,921. The amounts include purchase of IT hardware, software and services but do not include cost of telecommunication services. All IT purchasing within my Department and in all Offices and Agencies under my remit is subject to general public procurement rules, including requirements for competitive tendering. My Department and the Offices and Agencies under my remit are subject to a number of 221 Questions— 14 September 2011. Written Answers

[Deputy Richard Bruton.] additional policy provisions to ensure best practice and value for money in IT procurement. These include a requirement to prepare an ICT Start of Year Statement and corresponding End of Year Statement, detailing all IT expenditure, which is subject to approval by the Depart- ment of Public Expenditure and Reform. My Department has appropriate governance and project management processes in place; and this is achieved by having an ICT Steering Commit- tee and through the use of project management methodology. Also, under Department of Finance Circular 02/09 on Arrangements for ICT Expenditure in the Civil and Public Service, public bodies must implement measures to reduce reliance on external service providers, and my Department has taken steps to achieve this, including bringing forward proposals to deliver IT helpdesk services in-house.

Expenditure Reviews 277. Deputy Sean Fleming asked the Minister for Jobs, Enterprise and Innovation if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23475/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): Departmental submissions to the Comprehensive Review of Expenditure are a central part of the overall pre- budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure and Reform has already indicated that it is his intention to publish the reports submitted as part of the Comprehensive Review of Expenditure process following the finalisation of the budgetary process.

County and City Enterprise Boards 278. Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation if he will deal with a matter (details supplied) regarding the assistance available for small to medium- sized enterprises; and if he will make a statement on the matter. [23486/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The role of my Department is to drive Ireland’s competitiveness and productivity by creating the conditions where enterprise, entrepreneurship and innovation can flourish and quality employment opportunities are grown and maintained. Funding is provided to a number of State Agencies under its aegis including that of the County and City Enterprise Boards (CEBs) and Enterprise Ireland, through whom assistance is delivered directly to businesses. The role of the CEBs is to develop indigenous potential and stimulate economic activity at a local level primarily through the provision of financial and technical support for the development of small and micro-enterprises. The Boards form a nationwide support network for small business and are considered to be a first point of contact for persons wishing to set up in business. Subject to certain eligibility criteria new and developing micro-enterprises may qualify for financial support from the CEBs in the form of priming, expansion/development and feasibility/innovation grants. The CEBs give priority to enterprises in the manufacturing or internationally traded services sector and must always give consideration to any potential for deadweight and displacement arising from a proposed enterprise. In addition, the CEBs deliver non-financial supports such as one-to-one mentoring and a range of business advice and training programmes to improve management capability development within micro-enterprises

222 Questions— 14 September 2011. Written Answers designed to help new and existing enterprises to operate effectively and efficiently so as to last and grow, which may be available as appropriate to the needs of the promoter’s business. The promoter may therefore wish to contact their most appropriate CEB; the Dublin City Enterprise Board, in the first instance, to discuss what options may be available to them and their proposed business venture. The Board is located on the 5th floor, O’Connell Bridge House, D’Olier Street, Dublin 2; Phone No: 01 6351144, Fax No: 01 6351811; Email: info@dce- b.ie; Website: www.dceb.ie. In addition to the CEBs, the role of Enterprise Ireland is to support the development of manufacturing and internationally traded services companies. They provide funding and supports for companies ranging from entrepreneurs with plans for a high potential start-up through to large companies who are seeking to expand their activities, improve efficiency and grow their export sales. Enterprise Ireland are located at The Plaza, East Point Business Park, Dublin 3 and may be contacted by telephone at 01 727 2000 or through their website www.enterprise- ireland.com.

Legislative Reviews 279. Deputy Willie O’Dea asked the Minister for Jobs, Enterprise and Innovation if he has completed his consultation on the review of the Copyright and Related Rights Act 2000; and if he has contacted all relevant parties including IRMA. [23992/11]

Minister of State at the Department of Jobs, Enterprise and Innovation (Deputy Sean Sherlock): I presume the Deputy is referring to the recent public consultation in relation to proposed amendment to the Copyright and Related Rights Act 2000 arising from the High Court judgement in the case of EMI Records (Ireland) Ltd and others v. UPC Communications Ireland Ltd. Over 50 submissions have been received in respect of that consultation and all of these (including that made by IRMA) have been acknowledged and will be taken into account in considering further action in the matter.

Industrial Development 280. Deputy Paudie Coffey asked the Minister for Jobs, Enterprise and Innovation if he intends to issue a directive or instruct the Industrial Development Agency to set up a dedicated presence in Waterford city; and if he will make a statement on the matter. [24132/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): During my visit to Waterford on 12th September, I announced that I had requested the State development agencies under my remit, including IDA Ireland, to present plans and proposals to me, within 30 days, for increased actions and activities in the South-East region. This will include an assessment of the causes of the particular unemployment problems in the South-East Region. In that context, I will consider agency presence and other actions for the region. I would point out that there are six IDA staff in its Waterford office. I understand that two of these are engaged in regional development and marketing of the South-East Region with other staff assigned to attracting and developing companies in specific sectors.

Health and Safety Regulations 281. Deputy Caoimhghín Ó Caoláin asked the Minister for Jobs, Enterprise and Innovation if the draft standards promised in reply to Parliamentary Question No. 138 of 14 July 2011 have been published; the further action he will take on this matter; and if he will make a statement on the matter. [24187/11]

223 Questions— 14 September 2011. Written Answers

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): As I stated in my reply to Parliamentary Question No. 138 of 14 July 2011 it is proposed that a national standard, more comprehensive than the European standard, will be published late in 2011 on providing guidance for manufacturers and installers as well as consumers on safe window blind products. On 10 August 2011 a draft standard was issued by the National Standards Authority of Ireland (NSAI) for public comment. Interested parties have until 23 September 2011 to make submissions. All submissions will then be reviewed by the NSAI’s Technical Committee on the Safety of Internal Window Blinds. I am informed that it is still expected that the standard will be published late in 2011.

Departmental Bodies 282. Deputy Denis Naughten asked the Minister for Jobs, Enterprise and Innovation the number of staff and respective budget of each regulator under his responsibility; and if he will make a statement on the matter. [24232/11]

Minister for Jobs, Enterprise and Innovation (Deputy Richard Bruton): The information requested is as follows:

The Health and Safety Authority

Number of Staff Budget

182.1 €20.556m

The National Consumer Agency

Number of Staff Budget

43.6 €6.366m

In addition, under the Central Bank Reform Act 2010, the consumer information and education functions carried out by the Financial Regulator were formally transferred to the Agency with effect from 1 January 2011. The cost of Agency’s financial services function is exchequer neutral as it is funded by a levy on regulated financial service providers. The Central Bank has agreed to collect the levy on the Agency’s behalf for administrative reasons. The levy is due for collection in September/October 2011. In the interim, the Department is paying non-pay costs through Subhead R02 and the Central Bank is funding pay costs. The Department will be reimbursed when the levy is collected by the Central Bank later on in the year.

Financial Information and Education Functions

Number of Staff Budget

20 €2m

The Competition Authority

Number of Staff Budget

38.1 €5.116m

224 Questions— 14 September 2011. Written Answers

It should be noted that the Government intends to merge the National Consumer Agency and the Competition Authority.

Irish Auditing & Accounting Supervisory Authority

Number of Staff Budget

14 €1.598m

The National Standards Authority of Ireland

Number of Staff Budget

166.55 €6.836m

The National Employment Rights Authority

Number of Staff Budget

108.03 €6.946m

The Companies Registration Office/ The Registry of Friendly Societies

Number of Staff Budget

115.35 €7.428m

The Office of the Director of Corporate Enforcement

Number of Staff Budget

39.7 €5.967m

Question No. 283 withdrawn.

Pension Provisions 284. Deputy Joanna Tuffy asked the Minister for Social Protection her plans for the introduction of mandatory pension for middle and lower income workers in the private sector; if she will give details of the proposed amount that employers would pay towards this scheme, on behalf of their employees; and if she will make a statement on the matter. [23107/11]

Minister for Social Protection (Deputy Joan Burton): The most recent coverage figures available from the Central Statistics Office indicate that just over half of workers aged between 20 and 69 had a pension at the end of 2009. The fact that supplementary pension coverage continues to be relatively low is of major concern to the Government. That is why the Programme for Government includes a commitment to achieve universal coverage, with a particular focus on low to middle income groups. A soft-mandatory approach such as that envisaged by an auto-enrolment scheme is a very proactive way in which we can increase pension coverage. This proposal is set out in the National Pensions Framework and describes a scheme with contributions from employees, 225 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] employers and the State. Contributions will only be in respect of earnings above a certain minimum level and below a certain maximum. An Implementation Group, chaired by my Department, has been working on the development of the details of the scheme including consideration of the contribution rate. The National Pensions Framework indicated that this scheme would be implemented in 2014 but only if this would be prudent given the economic conditions prevailing at that time.

Social Welfare Benefits 285. Deputy Terence Flanagan asked the Minister for Social Protection her plans to raise the level of income support for families with children; and if she will make a statement on the matter. [23185/11]

Minister for Social Protection (Deputy Joan Burton): The query referred to by the Deputy asks whether the Government has any plans to raise the level of income support for families with children in the context of a named person’s concerns that it is necessary for the Govern- ment to make efforts to support middle income families with children and to make efforts to support families with the cost of child-care. The Department of Social Protection makes a number of payments to families with children including child benefit, qualified child increases to primary social welfare payments (QCIs), family income supplement (FIS), and the back to school clothing and footwear allowance. These family and child income support payments both assist parents in contributing to the costs associated with raising children and play a very important role in the objective of reducing child poverty. The Government is conscious that these payments are an important source of income for all families, particularly during a time of recession and unemployment. Decisions on the rates for these family and child income support payments are a matter to be decided in a budgetary context. The issue of family and child income supports is currently being examined by the Advisory Group on Tax and Social Welfare, which was established in June. The Group has been tasked with recommending cost-effective solutions as to how employment disincentives can be improved and better poverty outcomes achieved, particularly child poverty outcomes. Child-care issues are a matter for my colleague the Minister for Children and Youth Affairs.

Civil Registration 286. Deputy Catherine Murphy asked the Minister for Social Protection if, in addition to the civil registration indexes, she will complete the project of digitising the records themselves; if so, the timeframe involved; the work that has taken place to date; the locations of the work that is being done; the cost of same; the way she plans to offer it to the public; and if she will make a statement on the matter. [23208/11]

287. Deputy Catherine Murphy asked the Minister for Social Protection when the civil registration indexes which have been digitised will be available through the CRO website; the reason they were made available to the Church of Latter Day Saints in advance of going live nationally; and if she will make a statement on the matter. [23209/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 286 and 287 together.

226 Questions— 14 September 2011. Written Answers

The position in relation to the digitisation of historic civil registration records is that all the records are in digitised format and all index records are in electronic format. All birth records from the commencement of the registration of births in 1864 are available on the live computer system. Marriages from 1920 and deaths from 1924 are also available on the live system. The remaining records — marriages from the commencement of registration in 1845 to 1919, and deaths from the commencement of registration in 1864 to 1923 — are currently stored on a separate database at the headquarters of the General Register Office (GRO) in Roscommon. These records require a substantial amount of data cleaning and the linking of marriage index records with the digitised image of the register entry pages before they can be migrated to the live system. Preparations for the completion of this project are currently underway, including upgrading of the ICT infrastructure which hosts the data and the applications required to work with the data. The completion of the historic data project is an extremely labour-intensive task requiring a high level of skill, great attention to detail and extensive quality control. As the Deputy will appreciate, resources are very limited and preliminary estimates suggest that the completion of this project using the available resources will take approximately four years. All of this work will be done at GRO headquarters in Roscommon. The cost of the project to date is of the order of €10 million. Initial indications are that the costs of completing the project are of the order of €1.5 million. The question as to whether the civil registration indexes will be made available through a website will require careful consideration, both from an ICT viewpoint and a legal viewpoint. Currently, access to indexes is governed by section 61 of the Civil Registration Act 2004 and there are conditions surrounding such access. Any relaxation of these conditions will involve consideration of data protection, privacy and identity fraud issues. Access to civil registration records by the Church of the Latter Day Saints began in 1960 on foot of an agreement between the church and the GRO and is entirely unrelated to the GRO modernisation programme. The church required access for religious reasons and the ‘quid pro quo’ was that the church would give the GRO a microfilm copy of the records for its own use. This arrangement was discontinued in the 1980s when microfilm technology became more widely available.

Exchequer Savings 288. Deputy Pearse Doherty asked the Minister for Social Protection the return to the Exchequer from abolishing the PRSI ceiling. [23255/11]

Minister for Social Protection (Deputy Joan Burton): The employee PRSI annual earnings ceiling of €75,036 was abolished in the 2011 Budget. It is estimated that this measure will provide a return to the Exchequer of €100m in 2011 and €145m in a full year.

Social Welfare Benefits 289. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for back to education allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [23601/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for Back to Education Allowance at the start of August 2011. The application is currently with a Local Officer for decision and this will issue as soon as possible.

290. Deputy Eoghan Murphy asked the Minister for Social Protection the number of people who are estimated to begin drawing down additional social welfare payments as a gap solution

227 Questions— 14 September 2011. Written Answers

[ Deputy Eoghan Murphy.] between reaching retirement at age 65 years and receiving the State pension at age 66 years; the cost of same to the Exchequer. [23721/11]

Minister for Social Protection (Deputy Joan Burton): State pension (transition) (SPT) is currently paid to people aged 65 who have a minimum yearly average of 24 social insurance contributions and who have retired from work. Currently it ceases at age 66 when the claimant transfers to State pension (contributory) (SPC). In 2010, there was an average of 8,955 recipients of State pension (transition) with expenditure of €108 million. This compares to 273,005 SPC recipients at a cost of €3.45 billion. Less than 25 per cent of the SPT customers were in employment at the time of claim while 44 per cent were on a social welfare payment prior to receiving SPT. A further 25 per cent were retired from work at the time of claim. This means, based on recipients in 2010, that approximately 2,200 customers may be impacted (for one year) by the abolition of SPT. They may be in a position to remain in employment or qualify for another social welfare payment. They may (the following year) be able to qualify for SPC at age 66. As announced in the National Pensions Framework, State pension age will be increased gradually to 68 years. This will begin in 2014 with the standardisation of State pension age at 66. State pension age will be increased to 67 years in 2021 and to 68 in 2028. It is worth noting that, until the early 1970s, the qualifying age for State pension (contributory) was 70 years of age. By gradually increasing the qualifying age for State pension, people will be further encouraged to remain in employment beyond 65 years of age. The Quarterly National Household Survey Q4 2010 showed that the numbers currently at work drop dramatically at 65 years of age. While 77.2 per cent of people aged 45-54 years are in employment, this drops to 64.3 per cent for 55-64 year-olds and to just 8.7 per cent for people aged 65 years or older. It is clear, therefore, that the challenges facing the Irish pension system are significant. Increases in life expectancy mean that more people are living to pension age and living longer in retirement. While this is to be welcomed, this has obvious and significant implications in relation to the future costs of State pension provision. The fundamental principle that people need to participate in the workforce for longer needs to be emphasised and they need to contribute more towards their pensions if they are to achieve the income they expect or would like to have in retirement.

Social Insurance 291. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter regarding PRSI contributions in respect of a person (details supplied in Dublin 13; and if she will make a statement on the matter. [23742/11]

320. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter (details supplied) regarding self-employed people; and if she will make a statement on the matter. [23089/11]

412. Deputy Brendan Griffin asked the Minister for Social Protection the measure he will take to improve social welfare entitlements for the self-employed when their business fails; and if she will make a statement on the matter. [24021/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 291, 320 and 412 together.

228 Questions— 14 September 2011. Written Answers

These questions address the issue of access to unemployment payments, such as Jobseekers Benefit, for self-employed individuals or those who were previously self-employed. Self- employed workers are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow’s, widower’s or surviving civil partner’s pension (contributory). Ordinary employees who have access to the full range of social welfare benefits, including jobseeker’s benefit, pay Class A PRSI at the rate of 4%. In addition, their employers make a PRSI contribution of 10.75% in respect of their employees, resulting in the payment of a combined 14.75% rate per employee under full-rate PRSI Class A. (For employees earning less than €356 per week, the rate of employer’s PRSI is 4.25%). Any proposal to extend short term benefits such as jobseeker’s benefit to the self-employed would have significant financial implications and would have to be considered in the context of a much more significant rise in the rate of contribution payable. PRSI coverage is related to the risks associated with employment or self-employment, the annualised system of contributions for self-employed people and the practicalities of administering and controlling access to short-term payment for self-employed people. 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 may establish eligibility to assistance-based payments such as jobseeker’s allowance. They can 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 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.

Social Welfare Code 292. Deputy Brendan Griffin asked the Minister for Social Protection the recognition the State gives to emigrants forced to work abroad due to the economic situation here; if contributions paid abroad will be recognised here for social welfare purposes on return; and if she will make a statement on the matter. [24018/11]

Minister for Social Protection (Deputy Joan Burton): The extent to which social insurance contributions made in other countries are taken account of when eligibility for Irish benefits is being considered depends on where the contributions were made and if there are bilateral social security agreements in place. In relation to EU countries the social security rights of people living and working in these countries are governed by EU Regulations 883/04 and 987/09. The Regulations co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. These arrangements also extend to EEA countries and Switzerland. The Regulations set out the rules as to which State’s social security system a person will pay contributions to when they move from one Member State to another to take up work, or where they live in one State and work in another. In addition, the legislation also sets out the rules as to which State will pay benefit in the event of the usual contingencies arising, e.g. unemployment, sickness, old-age etc. The general rule is that a person is insured in the State in which they are employed. With few exceptions, the State of last employment is responsible for paying benefits when, for example, a person becomes unemployed. The Regulations also provide that when entitlement to benefit is being examined insurance contributions made in any Member State where

229 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] the person has worked or lived must be aggregated. Accordingly, a person who has worked in any other EU Member State will have any contributions they have made in those countries aggregated with their Irish contributions when claiming benefits here. Ireland has social security agreements with a number of other countries including Australia, Austria, Canada, Japan, Republic of Korea, New Zealand, the United Kingdom covering the Isle of Man and Channel Islands, and the USA. There is also an agreement with Quebec. These agreements came into effect between 1989 and 2010 and protect the social welfare pension entitlements of Irish people who go to work in these countries and protect workers from those countries who come to work in Ireland. They allow workers to combine periods of Irish social insurance and, where provided for, periods of residence or contributions in the second country when applying for a pension. Subject to conditions, it is also possible for a person who is posted abroad by their employer to remain attached, for a limited period, to the Irish social welfare system. In such circumstances, PRSI contributions continued to be paid here and the person can qualify for Irish benefits.

Pension Provisions 293. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with the following matter (details supplied) regarding pension cuts; and if she will make a statement on the matter. [24054/11]

Minister for Social Protection (Deputy Joan Burton): The appropriate level of overall expenditure by my Department in the years ahead will be considered in the context of Budget 2012 and subsequent Budgets. This consideration will be informed by the commitment in the Programme for Government to maintain social welfare rates. Sustainable public finances are a prerequisite for future economic stability and growth. To this end, the State must pursue a determined deficit reduction strategy. Accordingly, there will be an on-going requirement to curtail expenditure in 2012 and in later years. There are considerable challenges ahead including the need to protect, as far as possible, the key income supports and services, including those for pensioners, operated by my Department. This process will be informed by the Comprehensive Review of Expenditure, with the key decisions being made in the context of framing the Budget for 2012.

Social Welfare Benefits 294. Deputy Richard Boyd Barrett asked the Minister for Social Protection the annual amounts paid out to private landlords via the Health Service Executive and local authorities in the form of rent allowance payments; the number of such payments or arrangements; and the average amount of these payments on an annual and monthly basis.. [24245/11]

Minister for Social Protection (Deputy Joan Burton): Under the legislative provisions governing rent supplement, the Department’s relationship is with the tenant; the tenant makes the application for rent supplement and payment is made to the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their temporary accommodation needs. Legislation provides for the making of a rent supplement payment to another person (e.g. a relative, a landlord or landlord’s agent) on behalf of the recipient. This is at the tenant’s request and is subject to the consent of the Community Welfare Service. Approximately 20% of rent supplement payments are currently paid to a person other than the tenant.

230 Questions— 14 September 2011. Written Answers

Rent supplement expenditure in 2010 was in the sum of €516 million. A table gives a breakdown of rent supplement by recipients, expenditure and average payments for 2011.

Rent Supplement by Recipients, Expenditure and Average Payment by month, 2011

Period Recipients Expenditure Average Payment (1) (2) (3)

€m €m January 2011 96,532 39.51 99.75 February 2011 96,899 41.84 99.69 March 2011 97,288 44.32 99.52 April 2011 97,430 41.75 99.22 May 2011 97,323 41.60 99.18 June 2011 96,809 42.42 99.14 July 2011 96,823 41.50 98.92 August 2011 95,896 40.73 98.86 (1) At end of month (2) During month (3) Average figures based on extracts of relevant rent payment files, May 2011 estimated.

Social Welfare Appeals 295. Deputy Tom Hayes asked the Minister for Social Protection the position regarding an appeal of a decision to disallow a claim for domiciliary care allowance in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [22653/11]

Minister for Social Protection (Deputy Joan Burton): In the case in question an application for domiciliary care allowance was received on the 20th April 2011. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on the 2nd July 2011 advising of the decision. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office. The person concerned requested a review of the decision. The application was reviewed by one of the Department’s Medical Assessors who found that the child was not medically eligible. A letter issued on the 9th August 2011 advising of the outcome of the review.

Question No. 296 withdrawn.

297. Deputy Jim Daly asked the Minister for Social Protection the position regarding domiciliary care allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22659/11]

Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care allowance was received for the person concerned on the 18th October 2010. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on the 17th January 2011 refusing DCA. The person concerned subsequently lodged an appeal against the decision. She was informed by the Social Welfare Appeals Office on the 21st June 2011 that the appeal had been disallowed. 231 Questions— 14 September 2011. Written Answers

Social Welfare Benefits 298. Deputy Jim Daly asked the Minister for Social Protection the position regarding a domiciliary care allowance application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22669/11]

Minister for Social Protection (Deputy Joan Burton): In the case in question an application for domiciliary care allowance was received on the 20th June 2011. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on the 26th July 2011 advising of the decision. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office. The person concerned has appealed the decision and submitted further information. An appeal was registered by the Social Welfare Appeals Office on the 2nd September 2011. As part of the appeals process this additional information will shortly be reviewed by a Medical Assessor before being forwarded to the appeals office for decision if necessary.

Social Welfare Appeals 299. Deputy Jack Wall asked the Minister for Social Protection the position regarding a social welfare appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [22675/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department made 9 additional appointments to the office earlier this year. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but she will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 300. Deputy Jack Wall asked the Minister for Social Protection the reason rent supplement has ceased in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [22676/11]

Minister for Social Protection (Deputy Joan Burton): The HSE has advised that the rent supplement payment to the person concerned ceased due to a change of address. The HSE has further advised that arrears of rent supplement were paid to the person concerned on 21st of July and that a rent supplement claim is currently in payment in respect of her new address.

232 Questions— 14 September 2011. Written Answers

Social Welfare Fraud 301. Deputy Robert Troy asked the Minister for Social Protection the steps she will take regarding social welfare fraud in view of the recent announcement that Ireland has issued in excess of 6 million PPS numbers for a population of 4.3 million. [22684/11]

Minister for Social Protection (Deputy Joan Burton): The PPS No. is the individual’s unique reference number for all dealings with Government Departments and public bodies. This covers its use for DSP purposes as well as use by other agencies (in accordance with legislation — Section 262 of the Social Welfare (Consolidation) Act 2005 provides the basis for the allocation, use and sharing of the PPS No.). These numbers are issued by my Department following checks on an individual’s identity. The checks vary depending on the type of individual concerned — we accept notification via the General Register Office of births but for the last number of years (since 2000) insist on a face to face interview before issuing a PPS number to a resident of working age. There are some 7.4m records on my Department’s central database, each identified by a PPS number. These records are for all PPS numbers ever issued so, the PPS numbers issued, and the population figure should differ. As well as all individuals currently resident in the State who have been issued with a PPS number, the figure also includes any individual who: • since 1979, required a PPS Number and has died, • has been resident in the State but has subsequently left the jurisdiction (including those born in the State since 1971) or • has not been resident in the State but has, for instance, benefited from an Irish Estate (the Revenue Commissioners have a requirement that all beneficiaries of Irish Estates should have a PPS Number). It is not possible for me to describe all uses that other agencies have for the PPS Number, but it is worth remarking that my Department uses the number to identify an individual’s PRSI contributions while they are working in the state. This means that, even after they have left the State, the number allocated to them remains valid. The PRSI contribution information will be relevant to calculating pension entitlements in other jurisdictions as well as this one. I will also make the point that possession of a number, in itself, does not convey any entitlement. While it can make identifying a person easier for both the individual and the agency, checks on identity and meeting the qualifying conditions for any scheme must be carried out. My Department takes its stewardship of the individual’s data very seriously and, although any database containing the volume and historical content of its client records will contain incomplete and incorrect data, we have processes in place to monitor, correct and enhance the data that we hold. Most importantly, we also continue to enhance the processes associated with collecting the data in the first place. I am committed to a zero tolerance approach to social welfare fraud, regardless of the scheme involved or the position of the person claiming it. It is a crime and persons defrauding the social welfare system will be pursued relentlessly by my Department. The reorganisation of Departmental responsibilities along with the addition of almost 2,000 Community Welfare Staff (CWS) and FÁS staff to my Department will enhance our ability to interact directly with all our customers in more effective ways. The transfer of functions brings together employment supports and associated income support services in one organisation, the National Employment and Entitlements Service (NEES). Arising from this, a more integrated

233 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] approach to fraud control can now be realised. A single customer view for control purposes will be created. I have launched a strategic fraud and control plan earlier this week to ensure a targeted response to high risk sectors and to ensure an integrated approach to the prevention, deterrence and detection of social welfare abuse across the Department’s schemes and services. Ensuring that the right person is paid the right amount of money at the right time is an integral part of the day-to-day work of the Department of Social Protection. My Department processes in excess of 2 million claims each year and it makes payments to over one million people every week. The majority of payments issue to people who are fully entitled to their payment. For 2011, the Department of Social Protection has a target of reviewing 780,000 individual welfare claims and to achieve €540m in control savings. This figure is the value of the control activity in the Department and if this work did not take place there would, over time, be a similar increase in total social welfare expenditure. To the end of July, my Department has carried out reviews on over 350,000 individual claims and have achieved control savings totalling almost €345m. The control emphasis under the new control plan will be on increasing home visits by investigators and comprehensive face to face interviews of persons suspected of fraudulent activity. There will be a re-emphasis towards onsite inspections to increase a visible Departmental presence across those sectors of the economy where social welfare fraud is prevalent. The Department has introduced a number of new measures to target control activity at high risk categories of claimants. In excess of 450,000 reviews will be undertaken in the working age cohort. The Department supplements reviews of entitlement by the frequent use of direct mail shot letters, particularly in relation to eligibility for child benefit. In the case of persons receiving illness and disability payments, recipients are reviewed on a systematic basis through medical assessments and examinations, the frequency of which relates to the nature of the illness of disability. Residency checks on social welfare claims of specific cohorts of customers are undertaken nationwide in order to determine whether their residency status in the State is fulfilled. The Department’s Special Investigation Unit will undertake a series of targeted national projects aimed at the prevention and detection of social welfare fraud in high risk sectors, schemes and client cohorts. The unit will also work closely and collaboratively with other compliance and fraud investigation agencies to ensure that Social Welfare abuse is comprehensively deterred and detected (i.e. Revenue, NERA, and Garda Siochána). A key aspect of control policy is to ensure that appropriate deterrents and sanctions are applied in instances where social welfare fraud has been detected. Where people have been overpaid the Department will take appropriate steps to recover this debt, including deductions being made from ongoing social welfare payments, lump-sum recoveries, or the instigation of civil proceedings where appropriate. It is the Department’s policy to consider for prosecution all cases of fraud against the social welfare system. Public Service cards are to come into use later this year. The PSC will include a photograph and signature. One of the anticipated advantages of the new card is that it will help to reduce fraud and error which result from the incorrect identification of benefit claimants. My Department is very conscious of its obligation to protect public money and is determined to ensure that abuse of the system is prevented and is dealt with effectively when detected.

234 Questions— 14 September 2011. Written Answers

Social Welfare Benefits 302. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason a person (details supplied) is not entitled to back to school allowance. [22707/11]

304. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason a person (details supplied) is not entitled to back to school allowance. [22747/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 302 and 304 together. The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year. A BSCFA is not payable in respect of foster children. The financial support available to foster parents from the Department of Children & Youth Affairs includes assistance with the cost of clothing and footwear for the foster child.

Departmental Expenditure 303. Deputy Shane Ross asked the Minister for Social Protection the amount of money that was spent on taxis by her Department in the past year; the amount of money that has been provided for in the next year for taxi services for her Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if she will make a statement on the matter. [22729/11]

338. Deputy Shane Ross asked the Minister for Social Protection the amount her Department has spent on taxis for staff and for others in each of the past four years. [23303/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 303 and 338 together. The annual expenditure on taxis for the last number of years is as follows:

The Office of the Director of Corporate Enforcement

Year €

2007 48,011 2008 46,517 2009 34,796 2010 28,511 2011 to date 16,288

The provision for 2012 has not yet been determined. Taxi services are availed of by the Department only where it is considered absolutely necessary in order to conduct official business. Costs incurred by staff on taxi fares are reimbursed to them subject to the approval of their manager.

Question No. 304 answered with Question No. 302.

Social Welfare Benefits 305. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regard- 235 Questions— 14 September 2011. Written Answers

[Deputy Michael Healy-Rae.] ing the case of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [22808/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 19 March 2010. His claim was referred to one of the department’s medical assessors who was of the opinion that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and refused the claim and the person was notified in writing of this decision. The person subsequently appealed this decision to the Social Welfare Appeals Office. Based on the evidence before him the appeals officer found that the person was not substantially restricted in undertaking suitable employment by reason of a specified disability within the meaning of Social Welfare legislation and the appeal was not allowed. The applicant was notified of this decision in writing by the Social Welfare Appeals Office on 31 May 2011. An appeal officer’s decision is final and conclusive in the absence of any fresh facts or evidence.

306. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding the case of the person (details supplied) in County Kerry; and if she will make a statement on the matter. [22813/11]

Minister for Social Protection (Deputy Joan Burton): Currently Supplementary Welfare Allowance (SWA) is administered by the Community Welfare Service of the Health Service Executive (HSE) on behalf of the Department. The person concerned applied for supplementary welfare allowance in February 2011, this application was refused as in the opinion of the HSE he was deemed not to be habitually resident based on an assessment of his particular circumstances. The HSE further advised that the person concerned appealed the decision to the HSE Appeals Office and subsequently to the Social Welfare Appeals Office. In both instances the appeals officers upheld the decision to refuse SWA.

Question No. 307 withdrawn.

Social Welfare Appeals 308. Deputy Seán Conlan asked the Minister for Social Protection when an appeal for farm assist will be processed in respect of a person (details supplied) in County Monaghan; if the application will be expedited; and if she will make a statement on the matter. [22904/11]

236 Questions— 14 September 2011. Written Answers

While every effort is being made to deal with the large numbers awaiting oral hearings as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 309. Deputy Jim Daly asked the Minister for Social Protection the position regarding a rent allowance application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [22905/11]

352. Deputy Jim Daly asked the Minister for Social Protection the position regarding a rent allowance appeal application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [23508/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 309 and 352 together. The Health Service Executive (HSE) has advised that the person concerned was refused rent supplement on the grounds that his partner is in full time employment and because both the person concerned and his partner had owned dwelling houses which were voluntarily transferred/willed to family members. The HSE Appeals Office has advised that it has received an appeal from the person concerned against this decision on 18th July and that the appeal is currently awaiting decision.

Flood Relief 310. Deputy Seán Kyne asked the Minister for Social Protection if she has received a file from the Office of Public Works regarding the relocation of a person (details supplied) in County Galway whose house was condemned on foot of the serious flooding in the area; and when a decision will issue on the relocation of said person. [22922/11]

Minister for Social Protection (Deputy Joan Burton): As the Deputy is aware the Govern- ment has provided various types of support to people affected by the November 2009 flooding. Humanitarian Aid payments were made, both in the immediate aftermath of the flooding and subsequently to enable eligible households to resume living at their home. Flood relief works were also undertaken in some of the affected areas and other works are at an advanced state of preparation. Discussions also took place with representatives of the insurance industry regarding giving households access to appropriate house insurance at a reasonable cost. Subject to certain conditions the Government also decided to provide support to a small number of families who are continuing to experience significant housing problems as a result of the November 2009 flooding and are considering the possibility of relocating rather than resuming living at their original home. The household of the person concerned and all of the other households have been visited by officials from the Department and reports of their individual circumstances have been completed. The Department has received a report from the Office of Public Works in relation to the house of the person concerned and expects to be in a position to make a decision on the case in the coming weeks.

237 Questions— 14 September 2011. Written Answers

Social Welfare Benefits 311. Deputy Seán Kyne asked the Minister for Social Protection if Asperger’s syndrome is a recognised condition under which the domiciliary care allowance may be granted; and the number of times the list of applicable medical conditions for the scheme is reviewed. [22923/11]

Minister for Social Protection (Deputy Joan Burton): Qualification for domiciliary care allowance is dependent on the child having a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and likely to require this level of care for at least 12 months. In advance of the transfer of the scheme from the HSE to the Department of Social Protec- tion in 2009, medical guidelines were established to identify conditions which are more likely to result in a child meeting the qualifying condition and those less likely to result in the child qualifying. These lists are for the guidance of medical assessor’s, however no condition automatically rules a child in or out of qualification for the allowance. Applications for children with Asperger syndrome are processed in exactly the same manner as an application for a child with any other condition, with each application being assessed on its own merits. There is no scheduled review period for the medical guidelines document.

312. Deputy Terence Flanagan asked the Minister for Social Protection the position regarding a child benefit query in respect of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [22927/11]

Minister for Social Protection (Deputy Joan Burton): The query referred to by the Deputy asks whether the Government has any plans to cut Child Benefit in the next Budget and whether tax relief will be available on Child Benefit. Child benefit is a universal payment that assists parents in both contributing to the costs associated with raising children and, together with more targeted child-related payments, in reducing child poverty. The Government is conscious that this payment is an important source of income for all families, particularly during a time of recession and unemployment. Any plans to change the child benefit rates are a matter to be decided in a budgetary context and announced on Budget day. Taxation matters are a matter for my colleague the Minister for Finance.

Question No. 313 withdrawn.

314. Deputy Clare Daly asked the Minister for Social Protection the reason the bereavement grant is not made available to families in need in circumstances when the deceased is a disabled adult and the disability was an impediment to working and making PRSI contributions and likewise the disability was an impediment to the person with a disability marrying; and the further reason the current regulations governing the availability of the grant specify that where the deceased is an adult his or her spouse must have made 26 PRSI contributions. [22945/11]

Minister for Social Protection (Deputy Joan Burton): The Bereavement Grant is a payment designed to assist families in dealing with death and funeral expenses. It is a scheme that relates specifically to those who have made PRSI contributions and is payable on the death of an insured person, his/her spouse and dependent children under age 18 or under age 22 if in full- time education.

238 Questions— 14 September 2011. Written Answers

In 2007 the bereavement grant was extended to the next of kin of deceased recipients of disability allowance aged between 16 and 22 years. There are a wide range of benefits available to people who have paid social insurance. Entitlement to these benefits is dependent on the number of contributions and the class of contribution. Long term payments, such as the State pension (contributory), require a significant number of contributions given the value of the pension. The bereavement grant is available on the basis of only 26 contributions by the deceased or his or her spouse. This is significantly fewer contributions than are required by most other PRSI based payments. I recognise of course that there are people who are unable to satisfy the minimum PRSI requirements. For that reason, where there are no or insufficient PRSI contributions to qualify for bereavement grant a person may receive assistance under the supplementary welfare allowance scheme. Under this arrangement, the Community Welfare Officer may make a single payment to help meet exceptional expenditure, for example, for funeral expenses, which a family could not reasonably be expected to meet out of their income.

Social Welfare Appeals 315. Deputy Paul J. Connaughton asked the Minister for Social Protection when a decision will issue regarding carer’s allowance in respect of a person (details supplied) in County Galway; and if the matter can be expedited; and if she will make a statement on the matter. [22965/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 4th April 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 10th August 2011 and the appeal will be assigned an Appeals Officer who, in due course, will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

316. Deputy Patrick O’Donovan asked the Minister for Social Protection if payments are made for purchase of clothes for children making their holy communion and confirmation; and if so, the level of payments that are awarded. [22970/11]

Minister for Social Protection (Deputy Joan Burton): Under the terms of the supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare service, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Eligible people would normally be in receipt of a social welfare or health service executive payment. Each application is determined based on the particular circumstances of the case. There are no rights to payments to cover communion/confirmation costs or the cost of other religious ceremonies. The payment of an ENP and the amount of any payment is at the discretion of the Community Welfare Officer (CWO) based on his/her experience and judgement having considered all the relevant facts of the case including the average cost of the item required.

239 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

ENP’s are a key support for low income households and payments are only made after careful consideration of all the circumstances of an individual case. In 2010 approximately 12,650 payments were made in respect of communion, confirmation and other religious ceremonies at a cost of some €3.2m.

317. Deputy Paul J. Connaughton asked the Minister for Social Protection when the back to school allowance will be awarded in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [23007/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year. The administrative arrangements for the 2011 BSCFA scheme differ from those that applied in previous years. For this year, the majority of BSCFA entitlements were fully automated with no application form required from customers, 127,000 households in respect of over 250,000 children received their payment automatically in June. Those customers who did not receive an automated payment are required to complete and return an application form to the Department. The timescale for determining applications for Back to School Clothing and Footwear Allowance claims is dependent on a number of factors including: the number of applications received, when the application is lodged, the availability of the required information such as details of the applicant’s income, bank statements and other relevant information regarding an individual’s application. In addition, some aspects of the applications are inevitably time consuming and delays can occur where further investigations or third party evidence is required. Delays can also arise if the applicant is slow to respond to requests for additional information. Staff are working as quickly as possible on clearing the large volume of manual application claims received. Based on the current volume of applications it could take up to 8 weeks from date of receipt to process claims. Departmental records show that an application form was received from the person concerned on 3rd August 2011 and it is expected he will be notified of the outcome of his claim shortly.

318. Deputy Paul J. Connaughton asked the Minister for Social Protection when a disability allowance appeal will be finalised in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [23011/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that she was medically unsuitable for the allowance. An appeal was registered on 28 June 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out. The Social Welfare Appeals Office functions independently of the Minister for Social and Family Affairs and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Code 319. Deputy Patrick O’Donovan asked the Minister for Social Protection the number of PPS

240 Questions— 14 September 2011. Written Answers numbers that were issued to citizens of non-EU countries during 2010; the number of same that have been issued to date in 2011; and if she will make a statement on the matter. [23073/11]

Minister for Social Protection (Deputy Joan Burton): The numbers of PPS Numbers issued to non-EU citizens during 2010 and up to the end of August 2011 are 19,517 and 11,592 respectively.

Question No. 320 answered with Question No. 291.

Social Welfare Benefits 321. Deputy Michael Healy-Rae asked the Minister for Social Protection the reason for the reduction in the amount awarded under the winter fuel allowance for elderly and disabled persons in view of the fact that electricity and gas will increase; and if she will make a statement on the matter. [23093/11]

Minister for Social Protection (Deputy Joan Burton): The savings in the fuel allowance scheme and household benefits package were provided for last December in Budget 2011 but were not specified or announced by the Government at that time. From September 2011 the fuel allowance is to be standardised at €20 per week, the rate currently received by the majority of customers, with no additional allowance for living in a smokeless area. The rationale for paying the smokeless allowance to customers in smokeless areas cannot be maintained. The price differential between the types of coal is as low as 2% while the allowance represents an addition of 20% to the fuel allowance. Use of coal has dropped considerably, to about 3%. It is inequitable to continue paying this top-up allowance to some customers and not others when the purpose for which it was intended no longer applies. The Department of Social Protection will spend over €530 million in 2011 on the Fuel Scheme and the telephone, gas and electricity elements of the Household Benefits package which will benefit over 630,000 people. Help will also continue to be available for people with special or additional heating needs through the Heating Supplement and Exceptional Needs Payment Scheme under the Supplementary Welfare Allowance Scheme.

Social Welfare Appeals 322. Deputy Michael Creed asked the Minister for Social Protection when a person (details supplied) in County Cork will receive a decision on an appeal in respect of their application for rent supplement; and if she will make a statement on the matter. [23095/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the appeal made by the person concerned against the decision to disallow payment of rent supplement has been upheld by the Chief Appeals Office. The decision on this appeal was issued on 26th August.

Departmental Schemes 323. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter (details supplied) regarding work schemes; and if she will make a statement on the matter. [23096/11]

Minister for Social Protection (Deputy Joan Burton): The overall objective of labour market policy is to provide a pathway to appropriate employment, training and education opportunities

241 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] for people on the Live Register so that, as employment opportunities become available, they can be taken up by those on the Register. Given the scale of unemployment, it is essential to assist those on the Live Register to remain close to the labour market and prevent the drift into long-term unemployment. For these reasons and to prioritise scarce resources, eligibility for a range of activation measures and schemes, including the Community Employment scheme, is confined to people of working age. There are currently no plans to change the maximum age for qualification. It is, however, important to acknowledge and promote a culture that allows for the continuing valuable contribution to society of people, and older people in particular, on a voluntary basis.

Social Welfare Fraud 324. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter (details supplied) regarding social protection fraud; and if she will make a statement on the matter. [23100/11]

Minister for Social Protection (Deputy Joan Burton): I do not tolerate social welfare fraud, regardless of the scheme involved or the position of the person claiming it. It is a crime and persons defrauding the social welfare system will be pursued by my Department. The reorganisation of Departmental responsibilities along with the addition of almost 2,000 Community Welfare Staff (CWS) and FÁS staff to my Department will enhance our ability to interact directly with all our customers in more effective ways. The transfer of functions brings together employment supports and associated income support services in one organisation, the National Employment and Entitlements Service (NEES). Arising from this, a more integrated approach to fraud control can now be realised. A single customer view for control purposes will be created. I have launched a strategic fraud and control plan earlier this week to ensure a targeted response to high risk sectors and to ensure an integrated approach to the prevention, deterrence and detection of social welfare abuse across the Department’s schemes and services. Ensuring that the right person is paid the right amount of money at the right time is an integral part of the day-to-day work of the Department of Social Protection. My Department processes in excess of 2 million claims each year and it makes payments to some 1.4 million people every week. The majority of payments issue to people who are fully entitled to their payment. For 2011, the Department of Social Protection has a target of reviewing 780,000 individual welfare claims and to achieve €540m in control savings. This figure is the value of the control activity in the Department and if this work did not take place there would, over time, be a similar increase in total social welfare expenditure. To the end of July, my Department has carried out reviews on over 350,000 individual claims and have achieved control savings totalling almost €345m. The control emphasis under the new control plan will be on increasing home visits by investigators and comprehensive face to face interviews of persons suspected of fraudulent activity. There will be a re-emphasis towards on-site inspections to increase a visible Departmental presence across those sectors of the economy where social welfare fraud is prevalent. The Department’s Special Investigation Unit will undertake a series of targeted national projects aimed at the prevention and detection of social welfare fraud in high risk sectors, schemes and client cohorts. The unit will also work closely and collaboratively with other

242 Questions— 14 September 2011. Written Answers compliance and fraud investigation agencies to ensure that Social Welfare abuse is comprehensively deterred and detected (i.e. Revenue, NERA, and Garda Síochána). A key aspect of control policy is to ensure that appropriate deterrents and sanctions are applied in instances where social welfare fraud has been detected. Where people have been overpaid the Department will take appropriate steps to recover this debt, including deductions being made from ongoing social welfare payments, lump-sum recoveries, or the instigation of civil proceedings where appropriate. It is the Department’s policy to consider for prosecution all cases of fraud against the social welfare system. Public Service cards are to come into use later this year. The card will include a photograph and signature. One of the advantages of the new card is that it will help to reduce fraud and error which result from the incorrect identification of benefit claimants. My Department is very conscious of its obligation to protect public money and is determined to ensure that abuse of the system is prevented and is dealt with effectively when detected.

Social Welfare Code 325. Deputy Terence Flanagan asked the Minister for Social Protection her views on a matter (details supplied) regarding the social welfare system; and if she will make a statement on the matter. [23115/11]

Social Welfare Benefits 326. Deputy Seán Conlan asked the Minister for Social Protection if her attention has been drawn to the fact that due to the high number of applications received in her Department there is currently a waiting list of six to eight weeks for the back to school clothing and footwear allowance applications to be processed; and if it would be possible to move the application date forward to a more reasonable timeframe next year to enable persons to receive a response before the children are due to return to school. [23121/11]

243 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] including: the number of applications received, when the application is lodged, the availability of the required information such as details of the applicant’s income, bank statements and other relevant information regarding an individual’s application. In addition, some aspects of the applications are inevitably time consuming and delays can occur where further investigations or third party evidence is required. Delays can also arise if the applicant is slow to respond to requests for additional information. While the majority of cases have been processed in advance of the new school year it is regretted that for some families this was not possible. Following the conclusion of the 2011 scheme, the Department intends to review all aspects of the scheme. The question of the timeframe for submission of claims for the scheme will be considered in the context of the review

327. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter (details supplied) regarding a one-parent family payment; and if she will make a statement on the matter. [23124/11]

Minister for Social Protection (Deputy Joan Burton): The One-Parent Family Payment (OFP) is a means-tested payment for men and women who are bringing up a child or children up to the age of 14 years without the support of a partner. Lone parents are not a homogenous group. A claimant must be widowed, a surviving civil partner, separated, divorced, have a dissolved civil partnership, or be a prisoner’s spouse or civil partner. The OFP is, along with other social welfare payments, made up of a personal rate and of additional amounts for dependent children. The current payment rate is €188.00 per week — with a further €29.80 for each additional qualified child. There are no plans to cease the payment of additional amounts for all qualified dependent children so long as the conditions for the payment of OFP are met.

328. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the average and longest waiting times for decisions in respect of an application for emergency money for food; and the steps she has taken to satisfy herself that all such applications are being processed with the necessary urgency. [23163/11]

Minister for Social Protection (Deputy Joan Burton): Under the terms of the supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare division of the Health Service Executive, an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Eligible people would normally be in receipt of a social welfare or health service executive payment. Each application is determined by the Executive based on the particular circumstances of the case. ENPs are a key support for low income households and payments are only made after careful consideration of all the circumstances of an individual case. Exceptional needs payments are not normally requested for food items and thus there are no statistics available on the average or waiting times for the processing of such applications. All ENP applications are processed in a timely manner taking into account the exceptional need as appropriate in each individual case.

329. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the position regarding the case of a person (details supplied) in County Cork who submitted an application for a payment in respect of food on 19 July 2011; her views on the fact that as of 18 August 2011

244 Questions— 14 September 2011. Written Answers this emergency application was still outstanding; if she will take steps to ensure that this application is processed; and if she will make a statement on the matter. [23164/11]

Minister for Social Protection (Deputy Joan Burton): Under the terms of the supplementary welfare allowance scheme, which is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE), an exceptional needs payment (ENP) may be made to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Eligible people would normally be in receipt of a social welfare or health service executive payment. Each application is determined by the Executive based on the particular circumstances of the case. The Executive has advised that there are no applications for ENP’s pending for the person concerned. The person concerned has however recently been given assistance in the form of a number of ENP’s. The HSE has further advised that the person concerned was refused a basic weekly Sup- plementary Welfare Allowance payment as she does not meet the Habitual Residence Con- dition. If the person concerned wishes to appeal against the refusal of assistance she should contact the designated appeals officer in the HSE in order that her claim for entitlements can be re-examined.

Anti-Poverty Strategy 330. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection further to Parliamentary Question No. 46 of 20 July 2011, if the poverty impact assessment referred to specifically examine the impact of the changes to the household benefits package scheme that are scheduled to take effect from September 2011; if not, the reason she did not arrange for a poverty impact assessment of the changes to be undertaken prior to her decision. [23165/11]

Minister for Social Protection (Deputy Joan Burton): The poverty impact assessment referred to in the previous Parliamentary Question was carried out in the context of developing a range of options for the future administration of the household benefits package in a deregulated domestic energy market. While this focused on the potential impact of changing the electricity allowance from a unit base to a cash base to avail of cheaper rates available it also examined the issue of the vulnerability of older people who are the main recipients of the household benefits package. Data for the 2009 EU Survey on Income and Living Conditions (SILC) show that households comprising predominantly older people had lower consistent poverty rates than other age categories. Single adults aged over 65 with no children had a consistent poverty rate of 0.6% while people in households with 2 adults at least one of whom was aged 65 or over with no children had a consistent poverty rate of 1.0%. In 2009, in the general population, 5.5% of people were in consistent poverty. Given the low consistent poverty rate, it was considered that the information gathered in the existing poverty impact assessment was sufficient. While of course we want to protect the basic social welfare payments which have very positive economic and social effects, regrettably there is an ongoing necessity to achieve savings due to our commitments with the IMF/EU/ECB Troika. There will be an ongoing necessity to curtail overall expenditure in 2012 and in later years. My Department will spend over 530 million in 2011 on the fuel scheme and the telephone, gas and electricity elements of the household benefits package which will benefit over 630,000 people.

245 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

Energy poverty is a factor of income, energy prices and the thermal efficiency of the home. The most cost-effective means of protecting households from energy poverty is to reduce their consumption of energy through improving the thermal efficiency of the home. Sustainable Energy Ireland has administered an energy efficiency programme for privately owned low income households (Warmer Homes) since 2001. Over 65,000 such households have benefited to date, with a further 15,000 expected to receive energy efficiency upgrades this year. A similar upgrade programme is also in place for local authority houses.

Social Welfare Code 331. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection further to Parliamentary Question No. 42 of 20 July 2011 to whom she envisages the new partial capacity scheme will apply; if she will publish and invite feedback on the draft regulations prior to their finalisation; and if she will bring the draft regulations before Dáil Éireann to allow for debate on their detail. [23166/11]

Minister for Social Protection (Deputy Joan Burton): The legislative basis which provides for the introduction of the Partial Capacity Benefit scheme is contained in the Social Welfare (Miscellaneous Provisions) Act, 2010, which was enacted by the Oireachtas in December 2010. The partial capacity benefit scheme will be open to people who are in receipt of invalidity pension or who have been in receipt of illness benefit for a minimum of six months. Partici- pation in the scheme will be voluntary and the scheme is designed in particular to respond to the needs of people who currently seek to avail of ‘exemptions’ in order to take up employment opportunities. The regulations which are currently in the course of preparation will elaborate on the detail of the operation of the scheme and will formally set out, for instance, the rates of payment which will apply to those who avail of the scheme and the medical criteria which may be taken into account by the Department’s medical assessors in determining partial employment capacity. The normal process for introducing regulations will be followed for the partial capacity benefit regulations. The development of the scheme has been the subject of regular consultation with stakeholders through the Department’s disability consultative fora. The priority at this stage is to complete all the necessary steps, including the development of an appropriate IT platform, in order to ensure that the scheme will be introduced before the end of this year.

Social Welfare Appeals 332. Deputy Pat Breen asked the Minister for Social Protection when a decision on an application for a domiciliary care allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [23176/11]

Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care allowance was received on the 24th March 2011 from the person concerned. This application was referred to one of the Department’s Medical Assessors who found that her child was not medically eligible for the allowance. A letter issued to the person concerned on the 19th May 2011 advising her of the decision. She subsequently requested that the decision be reviewed. The case was re-examined by another Medical Assessor who found that the child was not medically eligible and a decision to this effect issued on the 26th July 2011.

246 Questions— 14 September 2011. Written Answers

Further medical information has now been submitted and an appeal registered on the 10th August 2011. As part of the appeals process this additional information was again reviewed by a Medical Assessor who found the child still not medically eligible. The file will now be submitted to the Social Welfare Appeals Office for decision.

Social Welfare Benefits 333. Deputy Terence Flanagan asked the Minister for Social Protection the position regarding a person (details supplied) in Dublin 13 who has no income and requires financial assistance; and if she will make a statement on the matter. [23186/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 3 September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. It is open to the person concerned to apply to the Health Service Executive (Community Welfare Officer) for financial assistance while his appeal is pending. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

334. Deputy Pat Breen asked the Minister for Social Protection when an application for back-to-school clothing and footwear in the case of persons (details supplied) in County Clare; and if she will make a statement on the matter. [23199/11]

Minister for Social Protection (Deputy Joan Burton): The persons concerned have been awarded their back to school clothing and footwear allowance and a payment issued to their nominated account on 30 August 2011.

335. Deputy Michael Creed asked the Minister for Social Protection the reason a person (details supplied) in County Cork has had their mortgage supplement payments withdrawn in view of the fact that they have recently renegotiated their mortgage payments to the satisfaction of their lender and the mortgage supplement was a critical aspect of this agreement; if she will review this decision; and if she will make a statement on the matter. [23213/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the person concerned has been awarded mortgage interest supplement of €112.46 per week which is his full entitlement based on his personal circumstances. Payment of €1,012 issued on 9 September for the period from 11 July 2011 to 10 September 2011.

Social Welfare Appeals 336. Deputy Paul J. Connaughton asked the Minister for Social Protection when a disability allowance appeal will be finalised in respect of a person (details supplied) in County Galway due the fact that same is with the appeal office since September 2010; and if she will make a statement on the matter. [23215/11]

247 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made 9 additional appointments to the office earlier this year. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but s/he will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

337. Deputy Joe Costello asked the Minister for Social Protection if she will review the decision to refuse social welfare benefits in respect of a person (details supplied) in Dublin 1; the reason child benefit was refused; and if she will make a statement on the matter. [23229/11]

Minister for Social Protection (Deputy Joan Burton): The claim for child benefit, by the person concerned, was disallowed by a Deciding Officer of the Department on the grounds that she did not satisfy the habitual residence conditions. Her application for one parent family payment and supplementary welfare allowance was similarly disallowed. I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, including that adduced at an oral hearing, disallowed the appeals of the person concerned. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeals have been finalised. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 338 answered with Question No. 303.

Departmental Expenditure 339. Deputy Shane Ross asked the Minister for Social Protection the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in her Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by her Department on entertainment provided using said credit card. [23318/11]

Minister for Social Protection (Deputy Joan Burton): There are currently six credit cards in use by officers of the Department and one by the Pensions Ombudsman who operates under aegis of the Department and for whom the Department makes administrative payments. Details of the cardholders and the expenditure on each card for the past four years are set out in the following tables:

248 Questions— 14 September 2011. Written Answers

Grade Section Company Monthly Credit Limit

1 Assistant Principal Information Unit American Express These cards are with 2 Pension Ombudsman Office of the Pension American Express American Express Ombudsman who do not set limits on their cards 3 Assistant Principal EU International American Express 4 Assistant Principal Staff Development Unit Bank of Ireland €5,000 5 Private Secretary Minister’s Office Bank of Ireland €5,000 6 Assistant Principal Central Services Bank of Ireland €10,000 7 Assistant Principal Appeals Office Bank of Ireland €25,000

Spending on DSP credit cards 2007-2011 to date

Section 2007 2008 2009 2010 2011 to date (€)(€)(€)(€)(€)

1 Information Unit 453 282 443 266 277 2 Office of the Pension 1,134 3,054 2,021 2,033 876 Ombudsman 3 EU International 4,858 6,054 6,039 105 0 4 Staff Development 1,269 4,728 929 563 784 Unit 5 Minister’s Office 451 618 3,141 564 895 6 Central Services 3,520 4,570 565 4,603 1,835 7 Appeals Office* 521 5,243 61 21,960 49,046

Totals: 12,206 24,549 13,199 30,094 53,713 *The credit card held by the Social Welfare Appeals Office is used exclusively to pay for the hiring of rooms for appeal hearings. The increase in costs paid for by credit card over the period in question arises from a discontinu- ation of previous methods used to pay for room hire in favour of using the credit card. There was a corresponding reduction in costs paid by cheque etc.

The amount that was spent on entertainment on the Department’s credit cards during this period was as follows:-

Year 2007 2008 2009 2010 2011 to date Total (€)(€)(€)(€)(€)(€)

Amount 4,868 5,027 1,470 0 0 11,365

The credit cards are managed so as to minimise fees and charges.

Social Welfare Benefits 340. Deputy John O’Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision regarding their application for domiciliary care allowance; and if she will make a statement on the matter. [23331/11]

Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care allowance was received for the person in question on the 19th July 2011. This application was referred to one of the Department’s Medical Assessors who found that the child was medically eligible for the allowance. A letter issued on the 7th September 2011 informing the person in question that the claim has been allowed and payment will issue shortly. 249 Questions— 14 September 2011. Written Answers

Ministerial Staff 341. Deputy John O’Mahony asked the Minister for Social Protection the number of persons employed in each of the private offices and the constituency offices of her Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if she will make a statement on the matter. [23348/11]

342. Deputy John O’Mahony asked the Minister for Social Protection the number of special advisers and programme managers in her Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if she will make a statement on the matter. [23363/11]

343. Deputy John O’Mahony asked the Minister for Social Protection the number of persons employed in her private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if she will make a statement on the matter. [23378/11]

Minister for Social Protection (Deputy Joan Burton): I propose to take Questions Nos. 341 to 343 inclusive together. Firstly, there is no Minister of State attaching to my Department. The position in regard to the number of persons employed in the private and constituency offices of my Department, including the number of special advisers, and the annual amount paid in salaries in regard to each, for 2009, 2010 and to date in 2011, is set out in the Tabular Statement below.

2009 — i.e. Minister Mary Hanafin, T.D., to 23 March 2010 Private Office

Private Office Salary Scale Allowance Grade

Ministerial Appointments 1 Special Adviser €100,191 1 Press Officer (civil servant on loan €77,731 from the Central Statistics Office for period of Minister’s term of office) Established civil servants 1 Higher Executive Officer (Private €46,558 — €59,097 €20,669 Secretary) 1 Executive Officer €30,566 — €48,504 2 Clerical Officers €23,174 — €37,584 1 Clerical Officer €24,397 — €39,558*

Constituency Office Salary Scale Allowance Grade

Ministerial Appointments 1 Personal Assistant €55,030 1 Personal Secretary €42,391 10% Attraction Allowance Established civil servants 1 Executive Officer €32,179 — €51,054* 2 Clerical Officers €24,397 — €39,558*

250 Questions— 14 September 2011. Written Answers

Constituency Office Salary Scale Allowance Grade

1 Clerical Officer €23,174 — €37,584 * Personal Pension Contribution Pay Scales apply, as employment commenced after 6 April 1995

2010 — i.e. Minister Éamon Ó Cuív, T.D., to 8 March 2011

Private Office Salary Scale Allowance Grade

Ministerial Appointments 1 Special Adviser €80,051 — €98,424 1 Press Adviser (from 4/5/10) €80,051 — €98,424 Established civil servants 1 Higher Executive Officer (Private €43, 816 — €55,415 €19,653 Secretary) 1 Executive Officer €29, 024 — €45,616 1 Clerical Officer €23,042 — €36,266 Higher Scale 1 Clerical Officer €22,015 — € 35,515 1 Clerical Officer €23,177 — €37,341*

Constituency Office Salary Scale Allowance Grade

Ministerial Appointments 1 Personal Assistant €43,816 — €55,415 1 Personal Secretary €22,023 — €42,122 10% Attraction Allowance Established civil servants 1 Executive Officer €30,516 — €47,975* 2 Clerical Officers €23,177 — €37,341* * Personal Pension Contribution Pay Scales apply, as employment commenced after 6 April 1995

2011, — i.e. Minister Joan Burton, T.D., from 9 March 2011

Private Office Salary Scale Allowance Grade

Ministerial Appointments 1 Special Adviser, apptd 29/7/11 €127,796 1 Press Adviser, apptd 18/7/11 €80,051 – €98,424 Established civil servants 1 Higher Executive Officer (Private €43, 816 — €55,415 €19,653 Secretary) 1 Executive Officer €29,024 — €45,616 1 Clerical Officer €23,042 — €36,267 Higher Scale 1 Clerical Officer €22,015 — € 35,515 1 Clerical Officer €23,177 — €37,341*

251 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

Constituency Office Salary Scale Grade

Ministerial Appointments 1 Personal Assistant, apptd 3/5/11 €43,715 — €56,060 1 Personal Secretary, apptd 9/3/11 [In my role as €23,820 — €47,755 Deputy Leader of the Labour Party I also have a further support person, employed by the Labour Party]. Established civil servants 1 Executive Officer €30,516 — €47,975* 1 Clerical Officer €23,177 — €37,341* Ministerial Drivers 2 Civilian Drivers, apptd 16/5/11 and 30/5/11 €32,964 * Personal Pension Contribution Pay Scales apply, as employment commenced after 6 April 1995

Social Welfare Appeals 344. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on an appeal for mortgage interest supplement in respect of persons (details supplied) in County Clare; and if she will make a statement on the matter. [23394/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) advised that the persons concerned were awarded mortgage interest supplement for a 12 month period which ended in July 2011. This payment was made as an exceptional measure as the amount of mortgage interest payable by the claimant was in excess of the amount the HSE consider reasonable to meet his or her residential needs. The HSE advised that the persons concerned appealed this decision to the HSE Appeals office and this decision has been upheld. The HSE further advised that the persons concerned have now appealed this decision to the Chief Appeals Office on 30th August and it is currently awaiting a decision.

Job Protection 345. Deputy Brendan Griffin asked the Minister for Social Protection the measures that are being taken to avoid job displacement due to the placing of persons on the Government support schemes; if there will be a review of such schemes; and if she will make a statement on the matter. [23409/11]

Minister for Social Protection (Deputy Joan Burton): It is presumed that the Deputy is referring to JobBridge — the National Internship Scheme. In recent times JobBridge has received media attention concerning the measures in place to minimise displacement. In order for an application from a host organisation to be approved it must meet a number of criteria so as to ensure that the potential internship is one of quality. These include the following: • that the internship does not allow the intern to work unsupervised; • that the internship is not displacing an employee; and • that the intern accrues significant experience throughout the entire internship. In order for an internship to commence, a Standard Internship Agreement must be signed by both the intern and the host organisation. This Agreement clearly stipulates the terms of the internship. 252 Questions— 14 September 2011. Written Answers

To ensure compliance with the scheme, the Department of Social Protection and the Employ- ment Services Division of FÁS are monitoring internships to ensure that they are of sufficient quality and that both host organisations and interns are abiding by the spirit and the rules of the scheme. This involves the monitoring of monthly compliance reports that are required to be submitted by the host organisation verifying that the internship is proceeding as set out in the Standard Internship Agreement. In addition, contact with the host organisations and interns, including random site visits, will begin shortly as part of this process. A “whistle blowing” feature has been introduced, where any individual who suspects that an internship may be in breach of the scheme’s criteria, including in cases of suspected displacement, may contact the National Call Centre. All such claims will be investigated. The Department continues to monitor the operation of the JobBridge scheme and will be reviewing the scheme and its eligibility criteria on an ongoing basis.

Social Welfare Benefits 346. Deputy Terence Flanagan asked the Minister for Social Protection if he will deal with a matter regarding a back to school grant in respect of a person (details supplied) in Dublin 13; and if she will make a statement on the matter. [23433/11]

Minister for Social Protection (Deputy Joan Burton): The purpose of the Back to School Clothing & Footwear Allowance (BSCFA) scheme is to assist families on social welfare and Health Service Executive payments towards the cost of uniforms and footwear for children who are attending school. The administrative arrangements for the 2011 BSCFA scheme differ from those that applied in previous years. This year the scheme is being administered directly by the Department of Social Protection and the majority of BSCFA entitlements were fully automated with no application form required from customers. Customers who did not receive an automated payment are required to complete application forms which are being processed from a centralised unit in the Department’s office in Letterkenny. Following the conclusion of the 2011 scheme, the Department intends to review all aspects of the scheme. The question of the making of payments directly to schools will be considered in the context of the review.

Departmental Expenditure 347. Deputy Simon Harris asked the Minister for Social Protection the budget available to her Department for IT expenditure in 2010 and 2011; the provisions within her Department for the purchasing of IT equipment; the efforts being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under her remit for 2010 and 2011; and if she will make a statement on the matter. [23451/11]

Minister for Social Protection (Deputy Joan Burton): The capital allocation for the Depart- ment (including the General Registrar’s Office) for 2010 in respect of IT equipment was EUR 5.42m and the allocation for 2011 is EUR 4.1m. The procurement of any IT equipment by the Department is carried out via a competitive tendering process, in which value for money is a key factor. The Department also makes use of framework contracts placed centrally by the Department of Finance for the supply of PCs, laptops etc.

253 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

In relation to the relevant State agencies, it has not proved possible in the time available to obtain the required information but I have arranged for the agencies to furnish the information requested for their respective organisations, and this will be passed on to you when received.

Social Welfare Appeals 348. Deputy Tom Hayes asked the Minister for Social Protection the position regarding an appeal, in respect of a person (details supplied) in County Tipperary to disallow their claim for domiciliary care allowance; and if she will make a statement on the matter. [23461/11]

Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care allowance was received from the person concerned on the 19th January 2010. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on 18th February 2010 refusing the allowance. The person concerned subsequently lodged an appeal against the decision. She was informed by the Social Welfare Appeals Office on the 3rd August 2011 that the appeal had been disallowed.

Expenditure Reviews 349. Deputy Sean Fleming asked the Minister for Social Protection if she will publish the details of her Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23478/11]

Minister for Social Protection (Deputy Joan Burton): Departmental submissions to the CRE are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure & Reform has already indicated that it is his intention to publish the Reports submitted as part of the CRE process following the finalisation of the budgetary process.

Community Employment Schemes 350. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter (details supplied) regarding community employment schemes; and if she will make a statement on the matter. [23484/11]

Minister for Social Protection (Deputy Joan Burton): The maximum participation limits for the community employment schemes (CE) are 3 years in total for those under 55 years of age, and 6 years in total for those of 55 to 65 years of age. Off-shore islander clients are exempt from CE participation caps. Persons in receipt of a qualifying disability-related payment from my Department are eligible for one additional year on top of these two limits, i.e., 4 years for those under 55 and 7 years for those of 55 to 65. • The length of time a person can remain on CE is dictated by a number of factors (as governed by the eligibility rules of CE): • Age of the person • Department of Social Protection (DSP ) payment and duration • Previous participation on CE since April 2000 • Whether they are considered job-ready

254 Questions— 14 September 2011. Written Answers

• Budgetary limitations The overall duration limits are strictly enforced to maximize the number of places available for potential clients. Approximately, 25% of participants completing CE in 2010 progressed onto employment or further education.

Departmental Expenditure 351. Deputy Éamon Ó Cuív asked the Minister for Social Protection the capital and current expenditure of her Department to the 31 August 2011 broken down under the subheadings in the estimate for her Department including the subheads funded from the Social insurance fund; the provision for the year broken down in the same manner and the profiles of expenditure to that date as given to the Department of Finance; and if she will make a statement on the matter. [23489/11]

Minister for Social Protection (Deputy Joan Burton): The information requested by the Deputy is set out in the tables below. It should be noted that the expenditure data to end-August shown in the tables are provisional. These are subject to change as adjustments may be required following further detailed analysis or if further relevant information on expenditure is provided, for example by the Department’s payment agents.

Table 1: VOTE 38: DEPARTMENT OF SOCIAL PROTECTION END-AUGUST 2011

Expenditure Profile Full Year Estimate

ADMINISTRATION A.1 Salaries etc. 153,468,668 153,086,000 235,279,000 A.2 Travel & Subsistence 1,750,252 1,989,000 3,208,000 A.3 Incidental Expenses 4,650,009 4,710,000 11,131,000 A.4 Postal & Telecommunications 10,102,600 12,669,000 21,080,000 A.5 Office Machinery 16,219,442 19,149,000 27,061,000 A.6 Office Premises Expenses 6,102,723 7,077,000 11,981,000 A.7 Consultancy Services 241,041 461,000 1,360,000 A.8 Agency Services 46,963,313 43,206,000 61,527,000 A.9 eGovernment Related Projects 449,940 3,040,000 7,500,000

ADMINISTRATION TOTAL 239,947,988 245,387,000 380,127,000

VOTE 38: SCHEMES & SERVICES B State Pension (Non-Con) 637,653,882 623,914,000 951,150,000 C Blind Pension 10,262,108 10,053,000 15,360,000 D Child Benefit 1,376,205,921 1,371,500,000 2,066,780,000 E Jobseeker’s Allowance 1,979,511,377 1,857,361,000 2,644,620,000 F Farm Assist Scheme 74,416,249 80,768,667 122,620,000 G Employment Support Services 196,729,726 205,523,419 355,430,000 H Pre-Retirement Allowance 41,167,957 42,655,000 62,350,000 I One-Parent Family Payment 716,244,404 728,431,000 1,111,710,000 J Widow(er)’s/Surviving Civil 15,476,452 16,927,000 25,730,000 Partners & Guardian’s Payment (Non Con) K Deserted Wife’s Allowance 2,823,926 3,005,000 4,470,000

255 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] Expenditure Profile Full Year Estimate

L Family Income Supplement 128,699,786 129,933,000 199,260,000 M Carer’s Allowance 326,083,972 321,860,000 499,020,000 N Supplementary Welfare 646,626,582 640,806,874 951,333,000 Allowances O Disability Allowance 720,288,799 713,118,000 1,066,220,000 P Respite Care Grant 124,446,201 128,550,000 131,160,000 Q Free Schemes (Assistance) 256,595,888 248,050,167 395,028,000 R School Meals Schemes 19,778,204 24,316,000 35,000,000 S Grant To The Citizens 32,265,000 34,938,000 46,640,000 Information Board T Domiciliary Care Allowance 65,909,332 69,041,000 104,235,000 U Rural Social Scheme 35,752,655 35,414,000 46,140,000 V Community Services 38,474,660 41,240,000 47,415,000 Programme WFÁS Employment programmes, 302,090,000 301,500,000 477,497,000 integration support and associated administration expenses X. Miscellaneous Services 1,910,399 2,341,000 3,651,000 V38 SCHEMES + SERVICES 7,749,413,479 7,631,246,127 11,362,819,000 TOTAL SOCIAL INSURANCE Y Payment To The Social 973,222,269 1,219,199,621 1,906,168,000 Insurance Fund Under Section 9(9) Of The Social Welfare Consolidation Act 2005

VOTE 38 GROSS TOTAL 8,962,583,736 9,095,832,749 13,649,114,000

Deduct: Z. Appropriations-in-Aid 147,958,689 148,773,067 221,702,000

VOTE 38 NET TOTAL 8,814,625,047 8,947,059,682 13,427,412,000 Note: The Departmental capital provision for 2011 is €7.05 million and is included in sub-heads A.5, A.6 and A.9 above. €3.01 million of this amount was expended at end August.

Table 2: SUBHEAD BREAKDOWN

Expenditure Profile Full Year Estimate

G. Employment Support Services G1 Back-to-Work Allowance 72,504,935 61,132,000 91,520,000 G2 Back to Education Allowance 115,732,913 120,370,000 198,830,000 G3 Part Time Job Incentive Scheme 651,144 705,000 1,010,000 G4 TÚS 4,260,900 11,150,000 30,000,000 G5 National Internship scheme 545,698 3,426,419 20,000,000 G6 Assistance for Training & Business 1,592,262 3,050,000 4,500,000 Expenses (BTW) G7 Credit Union Loan Guarantee (BTW) 374,598 10,000 20,000 G8 Activation and Family Support 1,023,486 4,080,000 6,380,000 Programme

256 Questions— 14 September 2011. Written Answers

Expenditure Profile Full Year Estimate

G9 Disability Activation Project (ESF 6,752 1,500,000 3,000,000 Funded) G10 Special Payments — LTU & LPs 37,038 100,000 170,000

TOTAL 196,729,726 205,523,419 355,430,000

J Widows’ /Widowers’ / surviving Civil Partners and Guardians Related Payments J1 Widows’ /Widowers’ / Surviving Civil 12,003,017 13,763,000 20,930,000 Partners’ Pension (Non-Con) J2 Guardians Payment (Non -Con) 3,329,465 2,894,000 4,350,000 J3 Widowed Parent / Surviving Civil 143,970 270,000 450,000 Partner Grant (Non-Con)

TOTAL 15,476,452 16,927,000 25,730,000

N Supplementary Welfare Allowances N1 SWA Basic 107,767,105 109,158,222 166,186,000 N2 SWA Direct Provision Allowance 1,870,725 4,250,000 6,500,000 N3 SWA Rent Supplement 334,156,091 307,110,120 465,540,000 N4 SWA Mortgage Interest Supplement 44,381,285 50,246,533 77,246,000 N5 SWA Other Supplements 8,651,165 9,858,000 14,930,000 N6 SWA Exceptional and Urgent Needs 52,259,728 45,020,000 72,100,000 Payments N7 SWA Back to School Clothing & 60,200,000 75,691,000 82,830,000 Footwear Allowance N8 SWA Humanitarian Aid 0 0 1,000 N9 SWA Administration 37,340,483 39,473,000 66,000,000

TOTAL 646,626,582 640,806,874 951,333,000

Q Free Schemes Q1 Free Travel 50,481,528 50,680,000 77,000,000 Q2 Free Fuel Allowance 105,351,856 87,885,000 152,020,000 Q3 Free Electricity 48,907,379 53,890,000 80,850,000 Q4 Free TV Licence 15,000,623 15,370,000 23,080,000 Q5 Free Telephone 32,797,542 35,910,000 55,250,000 Q6 Free Natural Gas 3,151,559 3,387,167 5,440,000 Q7 Free Bottled Gas 905,401 928,000 1,388,000

TOTAL 256,595,888 248,050,167 395,028,000

R School Meals Schemes R1 School Meals — Urban & Gaeltacht 636,464 909,000 1,200,000 R2 School Meals — Local Projects 19,141,740 23,407,000 33,800,000

TOTAL 19,778,204 24,316,000 35,000,000

WFÁS Employment Programmes, Integration Supports & Associated Administration Expenses W1 FÁS Employment Programmes 255,851,000 257,041,000 405,286,000 W2 FÁS Integration Supports 17,602,000 17,784,000 28,218,000 W3 Administration Expenses 28,637,000 26,675,000 43,993,000

257 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] Expenditure Profile Full Year Estimate

TOTAL 302,090,000 301,500,000 477,497,000

X Miscellaneous Services X1 Rent Allowances 462,875 520,000 800,000 X2 Social Welfare Tribunal 0 0 2,000 X3 Recoupment of Superannuation 66,776 63,000 143,000 Expenses (PB) X4 Grants — Information & Welfare 483,000 500,000 620,000 Rights X5 The National Pensions Awareness 200,236 215,000 400,000 Campaign X6 Office of the Pensions Ombudsman 528,949 618,000 1,009,000 X7 Dormant Accounts 162,100 252,000 466,000 X8 Grant to National Organisation for the 0 34,000 52,000 Unemployed X9 EU Year for Combating Poverty and 4,816 36,000 36,000 Social Exclusion X10 EU Community Action Programme 0 55,000 75,000 for Employment and Social Solidarity (Progress 2007-2013) X11 Social Inclusion Initiatives 1,647 48,000 48,000

TOTAL 1,910,399 2,341,000 3,651,000 Z Appropriations-in-Aid Z1 Receipts from the SIF (Admin) 118,200,000 118,400,000 177,280,000 Z2 Recoveries of Social Assistance 9,776,902 8,000,000 13,000,000 Z3 Repayments from the SIF 8,827,910 8,000,000 9,500,000 Z4 Maintenance Recovery 318,301 560,000 850,000 Z5 Receipts from GRO 339,296 480,000 700,000 Z6 Dormant Accounts Receipts 0 252,000 466,000 Z7 Receipts from European Social Fund 0 0 185,000 Z8 Miscellaneous 3,775,608 4,620,000 11,786,000 Z9 Receipts from Pension Levy 6,720,671 6,825,933 35,000

TOTAL 147,958,689 147,137,933 7,900,000

Table 3: SOCIAL INSURANCE FUND END-AUGUST 2011

Expenditure Profile Full Year Estimate

INCOME Income from Contributions 5,008,233,590 4,732,843,886 7,148,303,000 Income from Investments 760,444 0 0 Rent 9,523 10,000 19,000 Reciprocal Arrangements 0 0 49,000

TOTAL INCOME 5,009,003,557 4,732,853,886 7,148,371,000

EXPENDITURE Illness Benefit 602,502,156 555,641,000 854,730,000 Invalidity Pension 388,573,542 410,142,000 628,149,000 Partial Capacity Benefit 0 0 1,000

258 Questions— 14 September 2011. Written Answers

Expenditure Profile Full Year Estimate

Occupational Injuries Benefits 65,934,873 69,314,000 105,440,000 Maternity Benefit 200,809,115 195,556,000 303,520,000 Health & Safety Benefit 433,113 425,000 660,000 Adoptive Benefit 739,617 588,000 920,000 Treatment Benefits 13,148,440 13,513,000 23,430,000 State Pension (Contributory) 2,338,021,620 2,328,337,000 3,567,870,000 State Pension (Transition) 84,975,677 74,639,000 113,210,000 Jobseeker’s Benefit 658,042,029 724,231,000 1,027,060,000 Widows’, Widowers’ / Surviving Civil 871,810,899 851,349,000 1,304,210,000 Partners’ Pension (Contributory) Guardians Payment 7,537,370 7,011,000 10,670,000 Widowed Parent / Surviving Civil Partner 4,045,274 3,550,000 5,520,000 Grant Deserted Wife’s Benefit 56,650,740 58,040,000 88,650,000 Carer’s Benefit 18,358,041 19,703,000 28,200,000 Bereavement Grant 13,412,980 12,780,000 18,700,000 Free Schemes (Insurance) 211,857,915 188,057,507 294,181,000 Redundancy & Insolvency 273,453,841 268,000,000 402,000,000

TOTAL SIF SCHEMES 5,810,307,244 5,780,876,507 8,777,121,000 SIF Administration Expenses 171,918,583 171,177,000 277,418,000

TOTAL EXPENDITURE 5,982,225,827 5,952,053,507 9,054,539,000

Excess of Expenditure over Income 973,222,269 1,219,199,621 1,906,168,000 Subvention required from Vote 38 973,222,269 1,219,199,621 1,906,168,000 (Subhead Y)

DEPARTMENT OF SOCIAL PROTECTION

END-AUGUST 2011

Table 4: COMBINED VOTE 38 & SIF FREE SCHEMES

Expenditure Profile Full Year Estimate

Free Travel (Vote only) 50,481,528 50,680,000 77,000,000 Free Fuel Allowance 159,558,207 133,463,000 230,240,000 Free Electricity 123,389,837 121,390,000 182,700,000 Free TV Licence 38,414,764 39,320,000 59,170,000 Free Telephone 80,662,722 75,690,000 115,460,000 Free Natural Gas 13,705,152 14,333,675 22,800,000 Free Bottled Gas 2,241,595 1,231,000 1,839,000

TOTAL 468,453,804 436,107,675 689,209,000

Table 5: TOTAL EXPENDITURE ON SOCIAL PROTECTION

Expenditure Profile Full Year Estimate

Total Expenditure on Schemes, Services & 13,853,387,000 13,710,287,000 20,620,205,000 Admin

259 Questions— 14 September 2011. Written Answers

Question No. 352 answered with Question No. 309.

Social Welfare Benefits 353. Deputy Niall Collins asked the Minister for Social Protection the number of countries receiving Irish child benefit; the cost involved; and if she will make a statement on the matter. [23535/11]

Minister for Social Protection (Deputy Joan Burton): The social security rights of people living and working in the EU are governed by EU Regulations which co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. For the purposes of EU Regulations, Irish Child Benefit is classified as a Family Benefit and there are specific rules governing the payment of these benefits. EU Nationals who come to work in Ireland but whose families reside in another EU Member State may have an entitlement to family benefits in Ireland under EU Regulations. Child Benefit is currently being paid in respect of 7,635 non-resident children of 4,836 families spread throughout all twenty six Member States. A breakdown of these customers by country is not readily available. In 2010, the total cost was €15.4million. This represents less than 1% of total Child Benefit expenditure.

Higher Education Grants 354. Deputy Nicky McFadden asked the Minister for Social Protection if funding or grant opportunities are available to a person (details supplied) in County Westmeath to enable them to continue their studies in a third level institution. [23544/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned submitted an application for Back To Education Allowance. A condition for receipt of Back To Education Allowance is that a person must be in receipt of a social welfare payment for 234 days prior to commencement of the course. Another criteria for receipt of Back To Education Allowance is that a person must be commencing the first year of an approved course of study. As this person does not fulfil either of the above conditions, Back To Education Allowance was disallowed.

Departmental Staff 355. Deputy Terence Flanagan asked the Minister for Social Protection her views regarding the respective role (details supplied) of the community welfare officer and the social worker; and if she will make a statement on the matter. [23546/11]

Minister for Social Protection (Deputy Joan Burton): The staff of the Community Welfare Service (CWS) was seconded to my Department from the HSE at the beginning of this year and the intention is to have staff fully integrated within the Department by the beginning of next month. The main function of the Community Welfare Officers (CWOs), who make up the CWS, is to administer the Supplementary Welfare Allowance (SWA) Scheme on behalf of my Department. While CWOs work closely with social workers and other support services provided by the HSE, their role is quite distinct and different from that of a social worker. Their primary function is to review client applications for Supplementary Welfare Allowance (SWA) payments. In doing this they gather information in order to assess the client’s means and their

260 Questions— 14 September 2011. Written Answers needs. In cases where the client’s needs are not met by income support payments the CWO may refer the client to other services (including social workers). Although this can give rise to overlaps with regard to the collection and sharing of information we do all we can to minimise duplication within the parameters of Data Protection Law.

Social Welfare Code 356. Deputy John McGuinness asked the Minister for Social Protection the reason financial assistance or benefit has been refused in respect of a person (details supplied); if their case will be reviewed based on medical circumstances with a view to granting supplementary welfare allowance. [23550/11]

Minister for Social Protection (Deputy Joan Burton): Under the Supplementary Welfare Allowance (SWA) scheme an exceptional needs payment (ENP) may be made by the Health Service Executive (HSE) to help meet an essential, once-off cost which the applicant is unable to meet out of his/her own resources. There is no automatic entitlement to this payment. Each application is determined by the HSE based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or HSE payment. The HSE has advised that the application for assistance from the person concerned was granted in August 2011. Additionally the person concerned is in receipt of a weekly supplement from the HSE under the SWA scheme. Should the person concerned require further assistance they should contact the community welfare officer (CWO) in their local Health Centre in order that an assessment of their entitlements can be further examined.

Social Welfare Payments 357. Deputy Pearse Doherty asked the Minister for Social Protection if her attention has been drawn to the fact that welfare claims at a location (details supplied) were left for days without their social welfare and pension payments as the post office substations in question had run out of money; if this problem is specific to this area or more wide spread across the country; and the action she will take to ensure that this situation does not occur again. [23580/11]

Minister for Social Protection (Deputy Joan Burton): My Department is committed to providing a high quality service to our customers and to ensuring that all payments are made available on their due date. We offer a range of payment options to customers including payment at a local post office or to a bank or building society account or certain credit unions that have been authorised by the banking and credit union regulators. While the Department accounts for a large volume of retail customers in individual post offices, An Post also provide agency services for other companies including front line banking services and payment of utility bills etc. The Department has been advised by An Post that due to a heavy volume of business, Lucan Post Office experienced a greater than expected demand for cash in week ending 3rd September 2011 and as a result, was unable to deal with all of its customers. The nature and cause of this is not completely clear as yet. An Post made extra cash available at Lucan on Saturday and again on Monday to deal with the higher than usual level of financial transactions. An Post has advised that some 20 social welfare customers who could not be dealt with on the Friday or Saturday were dealt with on the following Monday. An Post has advised that this occurrence was confined to Lucan Post Office.

261 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

My Department is engaging with An Post to ensure that all our customers will be paid on their due date and there is no repeat of this situation. While apologising to customers who were inconvenienced by what happened, An Post has offered this Department assurances that measures are being put in place to ensure that this will not happen again.

Social Welfare Code 358. Deputy Joe Carey asked the Minister for Social Protection the reason persons in receipt of any form of disability allowance are not entitled to access an internship under the JobBridge programme; and if she will make a statement on the matter. [23581/11]

Minister for Social Protection (Deputy Joan Burton): The overall objective of labour market policy is to provide a pathway to appropriate employment, training and education opportunities for those on the Live Register so that as employment opportunities become available they can be taken up by those on the Register. For this reason, in order to be eligible to participate in JobBridge — the National Internship Scheme, an individual must; Currently be in receipt of a live claim (Jobseekers Allowance/Jobseekers Benefit/Signing for Social Insurance Contribution Credits) on the Live Register, and · Have been in receipt of Jobseekers Benefit, Jobseekers Allowance or signing for Social Insurance Contribution Credits for a total of 3 months or more in the last 6 months. Given the scale of the unemployment crisis, it is imperative to keep those on the Live Regis- ter close to the labour market and prevent the drift into long-term unemployment. This will ensure that those availing of activation measures such as the National Internship Scheme will gain work experience and so be in a better position to avail of employment opportunities as the economy improves. For these reasons, eligibility for the scheme is confined to those on the Live Register and in receipt of unemployment payments or signing for credits for 3 months. In so designing the scheme, the policy objective is to prioritise scarce resources on those on the Live Register so as to increase their chances of leaving it and ensure a reduction in Exchequer costs over time. Individuals who are in receipt of a disability allowance can access the FÁS Work Placement Programme, which provides participants with a work experience placement of between two and nine months. During this time participants may be able to retain their social welfare entitlements. In addition, people in receipt of a disability allowance can access a range of other specific programmes, such as the Supported Employment Programme and the Wage Subsidy Scheme. Both of these programmes aim to assist people with a disability to secure and maintain a job in the labour market.

Social Welfare Benefits 359. Deputy John Lyons asked the Minister for Social Protection if she will review the entitlement to the back to school clothing and footwear allowance of persons (details supplied) in Dublin 9. [23596/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year.

262 Questions— 14 September 2011. Written Answers

A person may qualify for a BSCFA payment BSCFA if he or she is in receipt of a social welfare or health service executive payment, is participating in an approved employment scheme or attending a recognised education or training course, and has household income at or below certain specified levels. The persons concerned were refused BSCFA as their income exceeded the limit allowable for their family composition. Your request for a review of their entitlements has been forwarded to the BSCFA review section in Letterkenny who will arrange to have the review completed as soon as possible. However, due to the large volume of applications received, information regarding the progress of individual reviews will not be available until such time as the applications have been examined and a decision taken.

Social Welfare Appeals 360. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an appeal for invalidity benefit in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [23600/11]

Minister for Social Protection (Deputy Joan Burton): Payment of an invalidity pension, to the person concerned, was disallowed by a Deciding Officer 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 Social Welfare Appeals Office functions independently of the Minister of Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

361. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding jobseeker’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [23602/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5th September 2011. It is a statutory requirement of the appeals process that the relevant Depart- mental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. It is open to the person concerned to apply to the Health Service Executive (Community Welfare Officer) for financial assistance while his appeal is pending. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 362. Deputy Paul J. Connaughton asked the Minister for Social Protection the reason an

263 Questions— 14 September 2011. Written Answers

[Deputy Paul J. Connaughton.] application for a back to school clothing and footwear allowance has not been finalised in respect of a person (details supplied) in County Galway; when same will be finalised; and if she will make a statement on the matter. [23607/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned has been awarded a back to school clothing and footwear allowance and a payment issued to her nominated account on the 8th September 2011.

Social Welfare Code 363. Deputy Anthony Lawlor asked the Minister for Social Protection her plans to implement the recommendations of the review of the application of the unemployment benefit and assistance schemes conditions to workers who are not employed on a full-time basis which was published in 2007; the recommendations that are likely to be considered; when such a reform of the current system will take place; and if she will make a statement on the matter. [23617/11]

Minister for Social Protection (Deputy Joan Burton): The jobseeker’s benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative employment. It is a fundamental qualifying condition for these benefits that a person must be available for full-time work. It is recognised that a changing labour market has resulted in a move away from the more traditional work patterns, with a consequent increase in the number of atypical workers. In response, the Department conducted a ‘Review of the Application of the Unemployment Benefit and Assistance Schemes Conditions to workers who are not employed on a full-time basis’ which examined the application of the jobseekers benefit and allowance scheme conditions to workers who are employed part-time, casual or systematic short-time basis. The review made a number of recommendations which are under active consideration within the Department. These considerations are taking place in the context of the ‘Report on the desirability and feasibility of introducing a single social assistance payment for people of working age’, the current economic situation, and the considerable administrative and IT change that implementation of the recommendations would require.

Social Welfare Benefits 364. Deputy Bernard J. Durkan asked the Minister for Social Protection when a decision will issue on an application for disability allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23654/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 11 July 2011. His claim has been referred to one of the Department’s medical assessors for an opinion as to his medical suitability for disability allowance. When the deciding officer receives the medical assessor’s opinion the person’s entitlement to disability allowance will be determined taking account of the Department’s assessment of his means. The person will be notified in writing of this decision.

Social Welfare Appeals 365. Deputy Bernard J. Durkan asked the Minister for Social Protection when an oral hearing for disability allowance will take place in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23655/11]

264 Questions— 14 September 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12 January 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 30 May 2011 and the appeal has now been assigned an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

366. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will indicate the date for an oral hearing in respect of an application for domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23656/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made 9 additional appointments to the office earlier this year. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but she will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 367. Deputy Bernard J. Durkan asked the Minister for Social Protection the procedure to be followed in the case of a person (details supplied) in Dublin 24 who was disallowed payment under the jobseeker’s allowance scheme due to their employer failing to make the necessary contributions; and if she will make a statement on the matter. [23658/11]

Minister for Social Protection (Deputy Joan Burton): If the person concerned wishes to have the insurability of his previous employment investigated he should contact his local social welfare office.

368. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment in respect of an application for rent support will issue in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23659/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that there is no record of an application for rent supplement from the person concerned.

265 Questions— 14 September 2011. Written Answers

369. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment under the back to school clothing and footwear allowance scheme will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23662/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year. The administrative arrangements for the 2011 BSCFA scheme differ from those that applied in previous years. For this year, the majority of BSCFA entitlements were fully automated with no application form required from customers, 127,000 households in respect of over 250,000 children received their payment automatically in June. Those customers who did not receive an automated payment are required to complete and return an application form to the Department. The timescale for determining applications for Back to School Clothing and Footwear Allowance claims is dependent on a number of factors including: the number of applications received, when the application is lodged, the availability of the required information such as details of the applicant’s income, bank statements and other relevant information regarding an individual’s application. In addition, some aspects of the applications are inevitably time consuming and delays can occur where further investigations or third party evidence is required. Delays can also arise if the applicant is slow to respond to requests for additional information. Staff are working as quickly as possible on clearing the large volume of manual application claims received. Based on the current volume of applications it could take up to 8 weeks from date of receipt to process claims. Departmental records show that an application form was received from the person concerned on 20th July 2011 and it is expected she will be notified of the outcome of her claim shortly.

370. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment will issue in respect of a disability care allowance application in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [23663/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 16 December 2010. Her claim was assessed by one of the Department’s medical assessors who was of the opinion that she was not medically suitable for disability allowance. A Deciding Officer accepted this opinion. The person’s means, taking account of her spouse’s employment were also assessed to exceed the statutory limit of €372.40 for payment of disability allowance having regard to the person’s family size. The deciding officer disallowed her claim on two grounds, that she did not satisfy the medical conditions and her means exceeded the limit for receipt of disability allowance. A letter issued to the person on 26 May 2011 advising her of this decision. Further medical evidence was received on 9 June 2011 which was referred to a medical assessor who again expressed the opinion that the applicant was not medically suitable for disability allowance. A further letter issued to the person concerned on 26 July 2011 advising her of this decision and that her means exceeded the limit.

371. Deputy Bernard J. Durkan asked the Minister for Social Protection the maximum amount of rent support available to a person (details supplied) in County Kildare on back to education allowance; and if she will make a statement on the matter. [23664/11]

266 Questions— 14 September 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): People in full time education are normally excluded from receipt of rent supplement under the Supplementary Welfare Allowance scheme. However, people participating in approved courses under the Back To Education Allowance scheme receive a standard weekly rate of payment equivalent to the maximum rate of their previous social welfare payment and may retain any rent supplement which was in payment prior to the commencement of their education course. Back to Education Allowance (BTEA) is payable to people participating in approved second or third level courses. The Health Service Executive (HSE) has advised that the person concerned has been awarded rent supplement of €487.33 per month. The HSE has further advised that the rent payable in this case is in excess of the prescribed rent limits and that it has informed the person concerned that he must secure alternative accommodation within these limits by the end of September 2011.

372. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when one- parent family payment will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23665/11]

Minister for Social Protection (Deputy Joan Burton): A decision will be made on the one parent family payment claim of the person concerned within the next week.

Social Welfare Appeals 373. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an appeal will be heard in respect of an application for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23666/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 March 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 14 June 2011 and the appeal has now been assigned an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 374. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct level of rent support payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23668/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive has advised that a rent supplement of €652 per month has been awarded to the person concerned and that this is her full entitlement based on her household circumstances.

375. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment will issue under the back to school clothing and footwear scheme in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23669/11]

267 Questions— 14 September 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The person concerned has been awarded a back to school clothing and footwear allowance and a payment issued to his nominated account on the 22nd August 2011.

Social Welfare Appeals 376. Deputy Bernard J. Durkan asked the Minister for Social Protection if payment of invalidity pension will now be restored to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23670/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned was awarded an invalidity pension from 24 January 2008. On 16 October 2009 she was called for and attended a medical examination and was assessed in-person by a medical assessor. It was decided that she no longer satisfied the medical criteria for invalidity pension. Accordingly, her invalidity pension payment was terminated from the 5th November 2009. She appealed this decision and was referred for a second in-person medical examination. She attended this medical examination on 17 February 2010. This medical examination was carried out by a different medical assessor. The opinion of the second medical assessor also was that the person concerned did not satisfy the medical criteria. Following this medical examination and having considered all the evidence, the appeals officer disallowed the appeal for the person concerned. She was notified of this decision and the reason for it in writing on 26 October 2010. The decision of an appeals officer is final and conclusive in the absence of fresh facts or evidence. The person concerned subsequently submitted further written medical evidence which was referred to a medical assessor for their consideration. The opinion of this medical assessor was that the further medical evidence provided did not contain any fresh facts or evidence in the case. Consequently, the person in question remains ineligible for invalidity pension.

377. Deputy Bernard J. Durkan asked the Minister for Social Protection if entitlement to social welfare payment will be restored which has been refused on habitual residency grounds in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23671/11]

Minister for Social Protection (Deputy Joan Burton): An application for jobseeker’s allowance from the person concerned was disallowed on 2 March 2011 on the grounds that he was not habitually resident in the State. He was advised of his right to appeal the decision but no appeal has been received.

Social Welfare Benefits 378. Deputy Bernard J. Durkan asked the Minister for Social Protection the entitlements available, if any, to a social welfare payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23672/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 24 June 2011. Her claim has been referred to one of the Department’s medical assessors for an opinion as to whether she satisfies the medical conditions for receipt of disability allowance. When this is received the person’s means will be assessed and a check done to see if the habitual residency condition is satisfied and a decision will then be made on the person’s application. The person will be notified in writing of this decision in due course.

268 Questions— 14 September 2011. Written Answers

379. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment will issue in respect of a carer’s allowance application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23673/11]

Minister for Social Protection (Deputy Joan Burton): This case has been referred to an inspector of the Department for means assessment and confirmation that the conditions necessary for receipt of the allowance are satisfied. On completion of the necessary investigations a decision will be made and he will be notified directly of the outcome.

380. Deputy Bernard J. Durkan asked the Minister for Social Protection if arrears will be paid in respect of rent allowance for January, February and March of 2011 in the case of a person (details supplied) in County Dublin on foot of a successful appeal; and if she will make a statement on the matter. [23674/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that a payment in respect of rent arrears for the period January, February and March 2011 was made to the person concerned on the 8th of September.

381. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when domiciliary care allowance will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23675/11]

Minister for Social Protection (Deputy Joan Burton): An application for domiciliary care allowance was received on the 18th August 2011 from the person in question. This application was referred to one of the Department’s Medical Assessors who found that her child was not medically eligible for the allowance. In order to qualify a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. A letter issued to the person in question on the 8th September 2011 advising her of the decision. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision to the Social Welfare Appeals Office within 21 days.

Social Welfare Appeals 382. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment will issue in respect of jobseeker’s allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23676/11]

Minister for Social Protection (Deputy Joan Burton): An application for jobseeker’s allowance from the person concerned was disallowed on the grounds that his means were in excess of the statutory limit. He lodged an appeal on 22 August 2011 and a review of his case is currently being carried out in light of information supplied with the appeal.

Social Welfare Benefits 383. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a decision will be made with respect to a pending appeal for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23677/11]

269 Questions— 14 September 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for disability allowance on 4 February 2011. Her claim was referred to one of the department’s medical assessors who was of the opinion that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and her claim was refused and the person was notified in writing of this decision on 9 May 2011. Further medical evidence was received and referred to a medical assessor who again expressed the opinion that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and the person was notified in writing of this decision on 23 August 2011.

Social Welfare Appeals 384. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when an oral hearing will be take place in respect of an appeal for domiciliary care allowance application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23678/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of a summary decision. Notification of the Appeals Officers decision issued 30 April 2011. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. The legislation also provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in the case of the person concerned as it was considered that an oral hearing was not warranted. Following the submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

385. Deputy Bernard J. Durkan asked the Minister for Social Protection when an oral hearing will take place in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23679/11]

Minister for Social Protection (Deputy Joan Burton): 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 on 20 September 2011. The person concerned has been notified of the arrangements. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

386. Deputy Bernard J. Durkan asked the Minister for Social Protection when an oral hearing will take place in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23680/11]

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that the appeal from the person concerned has been referred to an Appeals

270 Questions— 14 September 2011. Written Answers

Officer who proposes to hold an oral hearing on 20 September 2011. The person concerned has been notified of the arrangements. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

387. Deputy Bernard J. Durkan asked the Minister for Social Protection when a decision will be made in respect of an appeal for domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23681/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made 9 additional appointments to the office earlier this year. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but she will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 388. Deputy Bernard J. Durkan asked the Minister for Social Protection the procedure to be followed in the case of a person (details supplied) in County Kildare who was refused back to education allowance on the grounds of having a previous qualification, who is required to do further education as the qualification he holds is not suitable for the teaching profession; and if she will make a statement on the matter. [23683/11]

Minister for Social Protection (Deputy Joan Burton): To qualify for a back to education allowance, a person must be undertaking a course of education which leads to a qualification which is higher than that which the applicant already holds. The person concerned applied for a back to education allowance in respect of a level 8 postgraduate higher diploma. His application was refused as he already holds a level 9 qualification.

Social Welfare Appeals 389. Deputy Bernard J. Durkan asked the Minister for Social Protection when an appeal for invalidity pension will be heard in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23684/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 26 July2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration.

271 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 390 withdrawn.

Social Welfare Benefits 391. Deputy Sean Fleming asked the Minister for Social Protection when an application for the back to school clothing and footwear allowance will be approved in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [23727/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June until the end of September each year. The administrative arrangements for the 2011 BSCFA scheme differ from those that applied in previous years. For this year, the majority of BSCFA entitlements were fully automated with no application form required from customers, 127,000 households in respect of over 250,000 children received their payment automatically in June. Those customers who did not receive an automated payment are required to complete and return an application form to the Department. The timescale for determining applications for Back to School Clothing and Footwear Allowance claims is dependent on a number of factors including: the number of applications received, when the application is lodged, the availability of the required information such as details of the applicant’s income, bank statements and other relevant information regarding an individual’s application. In addition, some aspects of the applications are inevitably time consuming and delays can occur where further investigations or third party evidence is required. Delays can also arise if the applicant is slow to respond to requests for additional information. Staff are working as quickly as possible on clearing the large volume of manual application claims received. Based on the current volume of applications it could take up to 8 weeks from date of receipt to process claims. Departmental records show that an application form was received from the person concerned on 29th July 2011 and it is expected she will be notified of the outcome of her claim shortly.

Question No. 392 withdrawn.

Social Welfare Appeals 393. Deputy John McGuinness asked the Minister for Social Protection if she will expedite an appeal for child benefit in respect of a person (details supplied) in County Kilkenny. [23736/11]

272 Questions— 14 September 2011. Written Answers order. In the context of dealing with the considerable number of appeals now on hand, the Department has made 9 additional appointments to the office earlier this year. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person’s oral hearing will be heard, but she will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 394. Deputy Terence Flanagan asked the Minister for Social Protection if she will deal with a matter (details supplied) regarding the entitlement to mortgage interest supplement; and if she will make a statement on the matter. [23740/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) advised that it has received a claim for mortgage interest supplement from the person concerned. The HSE requested further information from the person concerned on 5 September in order to process her application. The HSE will make a decision on her application when the requested information has been provided.

Social Welfare Appeals 395. Deputy Pat Breen asked the Minister for Social Protection when a decision on disability allowance will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [23759/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 6 September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 396. Deputy Michael McGrath asked the Minister for Social Protection if she will provide a breakdown by nationality of the persons currently in receipt of jobseeker’s allowance and benefit. [23787/11]

Minister for Social Protection (Deputy Joan Burton): The information requested by the Deputy is set out in the following table:

Number of Jobseekers recipients by nationality as at the end of August 2011:

Nationality Jobseeker’s Jobseeker’s Benefit Allowance

AFGHANISTAN 123 1 ALBANIA 125 16 ALGERIA 297 12

273 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] Nationality Jobseeker’s Jobseeker’s Benefit Allowance

AMERICAN SAMOA 2 0 ANGOLA 239 5 ANTIGUA AND BARBUDA 1 0 ARGENTINA 10 5 ARMENIA 21 2 AUSTRALIA 67 59 AUSTRIA 50 21 AZERBAIJAN 12 1 BAHAMAS 1 0 BAHRAIN 0 1 BANGLADESH 113 77 BARBADOS 1 1 BELARUS 89 32 BELGIUM 55 25 BENIN 70 BERMUDA 1 0 BHUTAN 1 0 BOLIVIA 2 1 BOSNIA 67 15 BOTSWANA 1 1 BRAZIL 137 99 BRITISH INDIAN OCEAN 1 1 BULGARIA 126 57 BURKINA FASO UPPER VOLTA 3 1 BURMA 54 4 BURUNDI 14 0 CAMEROON 147 9 CANADA 72 34 CENTRAL AFRICAN REP 1 0 CHAD 30 CHANNEL ISLANDS 2 0 CHECHNYA 29 1 CHILE 11 CHINA 131 96 COLOMBIA 14 3 COMORS 5 1 CONGO 568 18 COSTA RICA 3 0 CROATIA 115 25 CUBA 21 2 CYPRUS 6 1 CZECH REPUBLIC 689 278 DEMOCRATIC REPUBLIC OF CONGO 41 4 DENMARK 26 6 DOMINICAN REPUBLIC 1 0 ECUADOR 2 2

274 Questions— 14 September 2011. Written Answers

Nationality Jobseeker’s Jobseeker’s Benefit Allowance

EGYPT 69 14 EL SALVADOR 17 7 ENGLAND 2,713 840 ERITREA 56 3 ESTONIA 355 150 ETHIOPIA 59 4 FIJI 10 FINLAND 24 19 FRANCE 308 217 GABON 1 0 GAMBIA 15 1 GEORGIA 101 4 GERMANY 496 195 GHANA 205 12 GREECE 24 21 GUATEMALA 2 0 GUINEA 45 0 GUINEA-BISSAU 2 0 GUYANA 2 0 HONDURAS 2 0 HONG KONG 8 3 HUNGARY 538 393 ICELAND 3 2 INDIA 69 116 INDONESIA 5 7 IRAN 235 9 IRAQ 300 3 IRELAND 247,364 88,797 ISLE OF MAN 1 0 ISRAEL 19 4 ITALY 287 169 IVORY COAST 56 1 JAMAICA 15 2 JAPAN 10 10 JORDAN 14 2 KAZAKHSTAN 46 9 KENYA 49 6 KOSOVO 122 8 KUWAIT 31 0 KYRGYZSTAN 5 0 LATVIA 2,358 1,011 LEBANON 13 4 LESOTHO 2 0 LIBERIA 24 0 LIBYA 88 7 LIECHTENSTEIN 1 0 LITHUANIA 4,631 1,902

275 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] Nationality Jobseeker’s Jobseeker’s Benefit Allowance

LUXEMBOURG 4 4 MACAO 6 0 MACEDONIA 3 0 MALAWI 12 1 MALAYSIA 41 42 MALDIVES 6 4 MALI 10 MALTA 32 24 MAURITANIA 6 1 MAURITUS 15 15 MAYOTTE 1 0 MEXICO 8 5 MOLDOVA 255 52 MONGOLIA 12 5 MONTENEGRO 2 1 MOROCCO 71 12 MYANMAR 2 1 NAMIBIA 0 1 NEPAL 6 5 NETHERLANDS 215 70 NEW ZEALAND 31 32 NICARAGUA 1 2 NIGER 12 2 NIGERIA 2,276 238 NORTHERN IRELAND 729 183 NORWAY 8 4 OTHER 3,492 2,878 PAKISTAN 242 82 PALESTINE 35 1 PARAGUAY 2 0 PERU 85 PHILIPPINES 125 226 POLAND 12,875 6,960 PORTUGAL 251 82 REPUBLIC OF KOREA 8 4 ROMANIA 1,259 293 RUSSIA 328 104 RWANDA 41 3 SAUDI ARABIA 2 0 SCOTLAND 462 118 SENEGAL 3 0 SERBIA & MONTENEGRO 20 17 SIERRA LEONE 69 11 SINGAPORE 1 0 SLOVAKIA 1,129 723 SLOVENIA 13 3

276 Questions— 14 September 2011. Written Answers

Nationality Jobseeker’s Jobseeker’s Benefit Allowance

SOMALIA 439 11 SOUTH AFRICA 262 138 SPAIN 248 188 SRI LANKA 15 8 SUDAN 307 3 SUIRINAM 1 0 SWAZILAND 3 1 SWEDEN 41 39 SWITZERLAND 15 9 SYRIA 34 2 TAIWAN 0 1 TAJIKISTAN 1 0 TANZANIA 3 3 THAILAND 50 37 TOGO 61 2 TONGA 1 0 TUNISIA 23 8 TURKEY 91 41 TURKMENISTAN 1 0 TURKS & CAICOS ISLAN 0 1 UGANDA 37 1 UKRAINE 364 150 UNITED ARAB EMIRATES 2 1 UNITED KINGDOM 8,858 2,474 UNITED STATES MINOR OUTLYING ISLANDS 1 0 UNKNOWN 8 3 URUGUAY 1 0 USA 380 194 UZBEKISTAN 24 0 VANUATU 1 0 VENEZUELA 7 3 VIETNAM 91 5 WALES 84 34 YEMEN 3 0 YUGOSLAVIA 30 12 ZAMBIA 44 8 ZIMBABWE 128 31

TOTAL: 300,067 110,492

397. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding rent allowance in respect of persons (details supplied) in County Kerry. [23794/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the persons concerned have been awarded rent supplement of €49.50 per week from 12 January 2011. This is the full entitlement based on their household circumstances. 277 Questions— 14 September 2011. Written Answers

Social Welfare Benefits 398. Deputy John McGuinness asked the Minister for Social Protection if a claim exists in her Department for benefit relative to ill health derived from working in the mines in respect of a person (details supplied) in County Kilkenny; if such claims are paid relative to deceased miners to their spouses or families. [23795/11]

Minister for Social Protection (Deputy Joan Burton): A death benefit pension under the Occupational Injuries scheme is payable to the widow, widower or surviving civil partner of a person who dies as a result of an occupational injury or prescribed occupational disease or who was in receipt of a disablement pension assessed with a loss of faculty of 50% or higher, at the time of death. The weekly rate for a person over age 66 is €234.70. The person concerned applied for a death benefit pension in respect of her late husband, a former miner, who died in 1998 and who had never applied for disablement benefit or occupational injury benefit. As the person concerned was unable to supply medical evidence in support of her application that her late husband died as a result of a prescribed occupational disease, her application was refused. She has appealed that decision and the case has been referred to the Social Welfare Appeals Office for a final decision. The Social Welfare Appeals Office are independent of my Department but as soon as a decision is made, she will be notified of the outcome. The person concerned is currently in receipt of a widow’s contributory pension from my Department of €230.30 weekly. Should the Social Welfare Appeals Office rule in her favour, she would be required to transfer from the widow’s contributory pension to the death benefit pension.

399. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection her plans to extend the existing advocacy service for those who experience difficulty dealing with a public body to include older persons in general. [23815/11]

Minister for Social Protection (Deputy Joan Burton): The remit of the Citizens Information Board (CIB), under the aegis of my Department, is to provide advocacy on public and social services for all citizens. It fulfils this remit through the network of Citizens Information Services (CIS) where trained staff and volunteers will assist people, many of whom are over 65 years of age, in accessing entitlements and negotiating with providers on their behalf. In addition, the Citizens Information Act (2007) conferred responsibility on the CIB for the provision of advocacy services for people with disabilities. In this regard, the National Advo- cacy Service (NAS) was established, which is an independent, representative advocacy service for people with disabilities. A National Advocacy Programme Alliance, established by the HSE, provides independent advocacy services for older people in residential care settings. A working group was set up to progress this plan, which includes representation from the CIB. Currently there are 250 volunteers trained under the programme, delivering volunteer advocacy services to over 2,500 people in 89 nursing homes and community units around the country. The service is now moving to Third Age to ensure independence from service providers, with funding provided by the HSE. The NAS will work closely with the Third Age volunteer programme for older people and take referrals where particularly vulnerable older people are at risk.

278 Questions— 14 September 2011. Written Answers

As well as providing information, advice, and advocacy to older people, the CIB will work closely with older people’s organisations, such as Third Age, Age Action and the Alzheimer Society in providing different types of advocacy for older people with disabilities.

Social Welfare Appeals 400. Deputy John McGuinness asked the Minister for Social Protection if an application for domiciliary care allowance will be approved in respect of a person (details supplied) in County Kilkenny. [23825/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13 June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 2nd August 2011 and the appeal has now been assigned an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

401. Deputy John McGuinness asked the Minister for Social Protection further to Parliamen- tary Question No. 177 of 7 June 2011, if there has been any progress made with the appeal; and a likely time frame for a decision. [23829/11]

Minister for Social Protection (Deputy Joan Burton): Applications for domiciliary care allowance (DCA) were received on the 13th May 2011 in respect of the children in question. These applications were referred to one of the Department’s Medical Assessors who found that the children were not medically eligible for domiciliary care allowance. Letters issued to the person in question on the 19th August 2011 advising her of the decision to refuse domiciliary care allowance. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within 21 days. The person concerned has submitted further information and an appeal will be registered by the Social Welfare Appeals Office. As part of the appeals process this additional information will be reviewed by another Medical Assessor in advance of being sent for the appeal hearing.

Social Welfare Benefits 402. Deputy Sean Fleming asked the Minister for Social Protection when an application for back-to-school clothing and footwear allowance will be paid to a person (details supplied) in County Laois; and if she will make a statement on the matter. [23864/11]

403. Deputy Dan Neville asked the Minister for Social Protection if widows pension would be processed without further delay in respect of a person (details supplied). [23874/11]

279 Questions— 14 September 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): There is no record of an application for widow’s pension from the person concerned. I have arranged for an application form to issue to-day. Upon receipt of the completed application form, her entitlement will be assessed and she will be notified of the outcome without delay.

404. Deputy John Browne asked the Minister for Social Protection when an application for lone parent allowance will be approved in respect of a person (details supplied) in County Wexford. [23898/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that the One Parent Family Payment appeal, by the person concerned, was registered in that office on 26 March 2011. The case was referred to an Appeals Officer for consideration and the Appeals Officer has referred this case back to the Social Welfare Services Office for clarification on certain issues. On receipt of their response, the case will be further considered by the Appeals Officer. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

405. Deputy John Browne asked the Minister for Social Protection when a person (details supplied) in County Galway will be granted a mortgage interest subsidy. [23900/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that payment of mortgage interest supplement was suspended as the HSE had requested information from the person concerned. The HSE further advised that the person concerned has recently provided the information requested and a decision on his future entitlement to mortgage interest supplement will be made shortly.

406. Deputy Seán Kenny asked the Minister for Social Protection when an application for lone parent allowance will be awarded in respect of a person (details supplied) in Dublin 5. [23905/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned applied for one- parent family payment from 16 December 2010. Her file was forwarded to a Social Welfare inspector in order for an assessment of her means to be carried out. The person concerned was interviewed recently by the inspector. The inspector will complete his report as quickly as possible and forward the file to a Deciding Officer for a decision. The person concerned will then be advised of the outcome.

407. Deputy Jack Wall asked the Minister for Social Protection the position regarding an application for rent subsidy in respect of a person (details supplied); and if she will make a statement on the matter. [23930/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the person concerned has been awarded rent supplement of €637.35 per month which is her full entitlement based on her personal circumstances. To qualify for rent supplement the person concerned was required to provide a Housing Need Assessment (HNA) from the Local Authority. The HSE has further advised that the person concerned provided a HNA dated 16 August and rent supplement has been awarded from that date. Payment for the period from 16th August to 30th September will issue on 27 September.

280 Questions— 14 September 2011. Written Answers

408. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding supplementary mortgage allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [23945/11]

Minister for Social Protection (Deputy Joan Burton): The designated Health Service Execu- tive’s Appeals Officer has upheld the decision of the Community Welfare Officer to refuse a mortgage interest supplement to the person concerned. The HSE has further advised that the person concerned has appealed this decision to the Social Welfare Appeals Office. A decision on entitlement will be made in due course.

409. Deputy Bernard J. Durkan asked the Minister for Social Protection the amount of carer’s allowance paid and to whom in respect of a person (details supplied) in County Cork; the duration of the payment; and if she will make a statement on the matter. [23985/11]

Minister for Social Protection (Deputy Joan Burton): The Department accords the same rights of privacy to personal information held by it relating to living and deceased persons. Such information will only be released to appropriately entitled individuals and in certain circumstances for example the personal representative of the deceased’s estate acting in the administration of the estate, a person performing a legal function in relation to the deceased or their estate. Requests for such information should be made to the department in writing by the individual who claims to be entitled to that information, setting out what information is required, for what purpose(s) it is required and upon what basis entitlement to the information is claimed. The department will make a decision regarding release of the information based upon the individual circumstances and the person requesting the information will be informed accordingly.

410. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding the delay with back-to-school allowances (details supplied); and if she will make a statement on the matter. [23986/11]

Minister for Social Protection (Deputy Joan Burton): The Back to School Clothing and Footwear Allowance (BSCFA) scheme operates from the beginning of June to the end of September each year. The administrative arrangements for the 2011 Scheme are different from those that applied in previous years. For this year, the majority of Back to School Clothing and Footwear Allowance entitlements will be fully automated with no application form required from customers. Customers who did not receive an automated payment are required to complete application forms which are being processed from one centralised unit within the Department of Social Protection. This change to the administrative arrangements saw some 127,000 households receive their payment automatically in June of this year. Manual applications have been accepted since the start of July and up to last Friday (9th September) 81,000 applications have been received. Claims continue to arrive at over 700 per day however this is down from a high of 3,000 per day received in the first two weeks of July, and 2,000 per day in the second two weeks of July, and 1,500 at the end of July/ beginning of August. Of the 81,000 claims received almost 45,000 have been processed. 33,000 have been paid, 5,000 refused, 5,500 returned because there was insufficient information and there were 1,300 duplicate claims

281 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.]

The Department is working to clear the claims as quickly as possible. 38 staff were originally provided to process these claims, an additional 14 staff were assigned in mid-August bringing the staff complement to 52. This number has now been increased to 60 staff with overtime also being worked. The timescale for determining applications for BSCFA claims is dependant, among other things, on the availability of the required information, such as details of the applicant’s income, bank statements, etc. In addition, some aspects of the applications are inevitably time consuming and delays can occur where further investigations or third party evidence is required. Delays can also arise if the applicant is slow to respond to requests for additional information. Following the conclusion of the 2011 scheme, the Department intends to review all aspects of the operation of the scheme.

411. Deputy Frank Feighan asked the Minister for Social Protection if she will provide an update on a miner compensation package; when payments will issue; the number of claims pending and outstanding; and if she will make a statement on the matter. [23998/11]

Minister for Social Protection (Deputy Joan Burton): Former miners who have suffered an occupational injury or prescribed occupational disease are entitled to apply for disablement benefit under the occupational injuries scheme. Since the Department met with the National Coalminers Group in the summer of 2010, we have received 458 applications from former miners. Of these, 128 are complete, 309 are awaiting the provision of information from the applicants and 21 are awaiting medical examinations. At this stage arrears in excess of €629,000 have issued to 58 miners resulting in an average payment of €10,855. It has also resulted in an average weekly increase in disablement pension of €70.

Question No. 412 answered with Question No. 291.

Community Employment Schemes 413. Deputy Brendan Griffin asked the Minister for Social Protection her plans for community employment schemes; and if she will make a statement on the matter. [24023/11]

Minister for Social Protection (Deputy Joan Burton): Community employment schemes make an important contribution to the delivery of local services to communities across the country and provide significant employment and training opportunities for those engaged. The initiative provides opportunities for innovation in the way services and resources are deployed locally. I do not envisage any change to the initiatives that would impact on the nature or range of services delivered. As the Deputy will be aware, the Programme for Government contains a commitment to reform local government including consideration of moving many of the functions currently being performed by agencies — such as community employment and enterprise supports — back to local government and any future consideration of such schemes will have regard to that commitment.

Social Welfare Appeals 414. Deputy Sean Fleming asked the Minister for Social Protection when an oral hearing will be held for a person (details supplied) in County Laois; and if she will make a statement on the matter. [24036/11]

282 Questions— 14 September 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of a summary decision. Notification of the Appeals Officers decision issued 24 May 2011. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. The legislation also provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in the case of the person concerned as it was considered that an oral hearing was not warranted. Following the submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of his appeal has been finalised. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits 415. Deputy James Bannon asked the Minister for Social Protection if she will explain the position that sees a person who lost his job a year ago and returned to education last September, completing a FETAC certificate, deemed ineligible for the position of a Tús supervisor, in view of the fact that he was in receipt of a back to education grant, as opposed to jobseeker’s benefit; and if she will make a statement on the matter. [24141/11]

Minister for Social Protection (Deputy Joan Burton): Tús, the community work placement initiative provides short-term community-based work opportunities for people who are fully unemployed for more than a year. The person concerned, who completed a Back to Education Allowance Scheme in June this year, does not satisfy the eligibility criteria for participating on TUS or for recruitment as a full time TUS Supervisor/Team Leader.

416. Deputy Emmet Stagg asked the Minister for Social Protection when a back-to-school clothing and footwear allowance application will be processed in respect of a person (details supplied) in County Kildare. [24142/11]

283 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] on the current volume of applications it could take up to 8 weeks from date of receipt to process claims. Departmental records show that an application form was received from the person concerned on 22nd July 2011 and it is expected she will be notified of the outcome of her claim shortly.

417. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for family income supplement in respect of persons (details supplied); and if she will make a statement on the matter. [24149/11]

Minister for Social Protection (Deputy Joan Burton): In order to qualify for family income supplement (FIS), a person must (inter alia) be an employee who is engaged in remunerative employment which is expected to last for at least 3 months and be working for a minimum of 19 hours per week or 38 hours per fortnight. When a person is absent from work due to illness and claims illness benefit (IB), both FIS and illness benefit are only payable for a period of 6 weeks. Section 247(7) of the Social Welfare (Consolidation) Act 2005 provides for the withdrawal of FIS after 6 weeks where a person is in receipt of illness benefit. The person concerned received both FIS and illness benefit concurrently until 27 July 2011 when payment of FIS was withdrawn as the 6 week period allowed for concurrent payment of these benefits had expired. Subsequently the person concerned made an application for carer’s benefit indicating that she had ceased work to provide full time care to her husband. Arrangements are currently being made to award carer’s benefit with effect from 15 September 2011 and the person concerned will be notified directly. A disability allowance application was received on 6 July 2011 for the husband of the person concerned. His claim is currently being assessed by a medical assessor from this Department. His claim is also awaiting a decision on his weekly means. Claims are dealt with as quickly as possible and in date order of receipt in the Department. A decision on his entitlement to disability allowance will be issued as soon as possible and he will be notified directly of the outcome. In the meantime the person concerned continues to receive a weekly supplementary welfare allowance payment for the family pending the award of her carer’s benefit.

Social Welfare Appeals 418. Deputy Michael Ring asked the Minister for Social Protection if there is an active and ongoing appeal in respect of a person (details supplied) in County Mayo; and if so, the status of this appeal. [24156/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27 June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

284 Questions— 14 September 2011. Written Answers

419. Deputy Michael Ring asked the Minister for Social Protection the status of an appeal for mortgage interest supplement in respect of a person (details supplied) in County Mayo. [24157/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the appeal by the person concerned against the suspension of mortgage interest supplement is ongoing. On 9 July the HSE appeals office requested further documentation from the person concerned in order to process her appeal. The HSE will be able to make a decision on her appeal when the requested documentation has been received.

420. Deputy Michael Ring asked the Minister for Social Protection the status of an appeal in respect of a person (details supplied) in County Mayo. [24158/11]

Minister for Social Protection (Deputy Joan Burton): In the time frame available, I regret that my Department is not in a position to reply to this question. My Department will be in contact with the Deputy over the coming days and will reply in full to the question raised.

Social Welfare Benefits 421. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding an application for a carer’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [24162/11]

422. Deputy Paul J. Connaughton asked the Minister for Social Protection if she will consider whereby persons on social welfare could be offered community employment to gather off-cuts of timber from the thousands of acres of forestry here to be used for families in receipt of fuel allowance in view of the fact that such off-cuts, which are not used by the timber industry, are simply left in the woods to rot, a process which takes many years , while many low income families would be greatly helped by the availability of such low-cost renewable fuel; and if she will make a statement on the matter. [24164/11]

Minister for Social Protection (Deputy Joan Burton): The number of places on the Com- munity Employment Programme (CE) are determined by government in line with budget allocation on an annual basis. Currently, the 23,300 place allocation is fully subscribed. The process for applying for a CE project entails a sponsoring group, representing Community, Voluntary

285 Questions— 14 September 2011. Written Answers

[Deputy Joan Burton.] or Public Sectors, coming together and making an application to the FÁS regional office outlining the work to be undertaken, the training to be provided and the benefits to local jobseekers and the community. The specific purpose of the Community Employment Programme is to support jobseekers and other disadvantaged groups to gain skills to access employment and this would need to be clearly outlined in any application.

Social Welfare Appeals 423. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which the most recent medical evidence submitted in respect of an application for disability allowance was considered by a medical assessor in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24215/11]

Minister for Social Protection (Deputy Joan Burton): The person concerned has not submitted a claim for Disability Allowance. I believe the Deputy is referring to a claim for invalidity pension. The person concerned was awarded an invalidity pension from 24th January 2008. On 16th October 2009 she was called for and attended a medical examination and was assessed in-person by a medical assessor. It was decided that she no longer satisfied the medical criteria for invalidity pension. Accordingly, her invalidity pension payment was terminated from the 5th November 2009. She appealed this decision and was referred for a second in-person medical examination. She attended this medical examination on 17th February 2010. This medical examination was carried out by a different medical assessor. The opinion of the second medical assessor also was that the person concerned did not satisfy the medical criteria. Following this medical examination and having considered all the evidence, the appeals officer disallowed the appeal for the person concerned. She was notified of this decision, and the reason for it, in writing on the 26th October 2010. The decision of an appeals officer is final and conclusive in the absence of fresh facts or evidence. The person concerned subsequently submitted further written medical evidence which was referred to a medical assessor for their consideration. The opinion of this medical assessor was that the further medical evidence provided did not contain any fresh facts or evidence in the case. Consequently, the person in question remains ineligible for invalidity pension.

Social Welfare Benefits 424. Deputy Bernard J. Durkan asked the Minister for Social Protection the correct amount of rent allowance payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24217/11]

Minister for Social Protection (Deputy Joan Burton): The Health Service Executive (HSE) has advised that the person concerned has been awarded rent supplement of €771 per month which is his full entitlement based on his personal circumstances. The HSE has further advised that payment for the period 1st August to 30th September has been approved and will issue on 29th September.

425. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will indicate if a person (details supplied) in County Kildare will be eligible for jobseeker’s allowance; and if she will make a statement on the matter. [24218/11]

286 Questions— 14 September 2011. Written Answers

Minister for Social Protection (Deputy Joan Burton): When he is certified fit for work the person concerned should re-apply for jobseeker’s allowance so that his eligibility can be established.

426. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will indicate the extent to which investigations have concluded into the determination of entitlement to an increase in old age pension based on further information submitted to his Department in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24219/11]

Minister for Social Protection (Deputy Joan Burton): The qualifying conditions for a State pension (contributory) require the applicant to · have entered into insurable employment before the age of 56 years • have at least 260 weeks full-rate contributions paid, from employment or self-employment, since entry into insurance • satisfy the yearly average condition The person concerned satisfies the above conditions. He has a yearly average of 19 PRSI contributions from his date of entry into insurance in July 1962 to the end of 2010, the last complete tax year before his 66th birthday. He has been awarded a State pension (contributory) at the weekly rate of €172.70 (75% of maximum rate) plus €14.90 increase for a qualified child (in order to qualify for the maximum rate a yearly average of 48 contributions would be required). The Department wrote to the person concerned on 24th May 2011 requesting him to supply further details of his employment history. A response has not been received to date. A further communication has issued to him requesting these details. When the Department receives this information, his claim will be reviewed and he will be notified of the outcome without delay.

427. Deputy Bernard J. Durkan asked the Minister for Social Protection when payment for disability allowance will be approved in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24220/11]

287 Questions— 14 September 2011. Written Answers

428. Deputy Bernard J. Durkan asked the Minister for Social Protection when payment will issue in respect of a carer’s benefit application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [24223/11]

Minister for Social Protection (Deputy Joan Burton): The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27th July 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 4th August 2011 and the appeal has now been assigned an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protec- tion and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 429 withdrawn.

430. Deputy Bernard J. Durkan asked the Minister for Social Protection the reasons for refusal of payment in respect of an application for mortgage rent support in the case of a person (detail supplied) in County Westmeath; if an appeal can be commenced in respect of their application; and if she will make a statement on the matter. [24226/11]

431. Deputy Maureen O’Sullivan asked the Minister for Social Protection in view of the anti- social behaviour on the part of certain tenants in private rented accommodation, in receipt of rent supplement, if she will consider it part of her remit to initiate a system of checks on same. [24227/11]

Minister for Social Protection (Deputy Joan Burton): The Programme for Government contains a commitment to review the operation of the rent supplement scheme with a view to introducing a code of conduct for rent supplement eligibility similar to that which operates for local authority tenants. The purpose of this review is to ensure that tenants who are receiving long term support from the State under the rent supplement scheme are subject to the same type of anti-social behaviour regime as local authority tenants. The most appropriate way for this to happen is for local authorities to take over responsibility for meeting the accommodation needs of these individuals. My Department is currently working with the Department of Envir- onment, Community and Local Government with a view to achieving this goal.

Departmental Expenditure 432. Deputy Pearse Doherty asked the Minister for Social Protection the potential savings to the Exchequer by reducing professional fees paid by the State by 25% — Pearse Doherty. [24286/11]

Minister for Social Protection (Deputy Joan Burton): The 2011 Revised Estimates for this Department provides for payments to medical certifiers for certificates issued in accordance with social welfare legislation and for legal fees. The amounts provided are €29.5 million and €0.4 million, respectively. A 25% reduction in these provisions would equate to €7.4 million and €0.1 million, respectively.

288 Questions— 14 September 2011. Written Answers

National Monuments 433. Deputy Catherine Murphy asked the Minister for Arts, Heritage and the Gaeltacht if, in view of the unsatisfactory position regarding access to national monuments, he will expedite the publication of a Bill updating the existing Monuments Act; and if he will make a statement on the matter. [22821/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The general scheme of a Monuments Bill to consolidate, update and improve the legislative code governing the protection and regulation of the national archaeological heritage has been submitted to the Office of the Parliamentary Counsel for drafting and will be advanced as speedily as government legislative priorities allow.

Departmental Schemes 434. Deputy James Bannon asked the Minister for Arts, Heritage and the Gaeltacht when a person (details supplied) in County Longford will be awarded compensation in respect of their bog under the cessation of turf-cutting compensation scheme; and if he will make a statement on the matter. [22971/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): In May 2010, the voluntary bog purchase scheme was closed to new applicants. Processing of applications on hand has been slower than anticipated due to capacity constraints in undertaking the convey- ance work involved. The Government recently announced a number of decisions regarding the future management of peatlands in Ireland and, in particular, the protection of bogs designated as Special Areas of Conservation and Natural Heritage Areas. In addition to the establishment of an independent Peatlands Council, the Government has announced a compensation package for turf-cutters in sites where continued turf cutting is no longer possible for reasons of environmental protection. My Department will be writing to all remaining applicants under the voluntary purchase scheme to outline their options in light of the availability of alternative compensation arrangements.

National Parks 435. Deputy Joanna Tuffy asked the Minister for Arts, Heritage and the Gaeltacht his plans to erect a permanent memorial at Letterfrack Industrial School Children’s Graveyard, Clifden, County Galway, in memory of the children who died there; if the visitors centre interpretative office, located in one of the school buildings will provide some brochures with information on the history attached to Letterfrack Industrial School and to include a map of the children’s graveyard; and if he will make a statement on the matter. [23075/11]

449. Deputy Clare Daly asked the Minister for Arts, Heritage and the Gaeltacht if he has responsibility for the Connemara National Park and the visitor centre; if his attention has been drawn to the fact that despite part of the park and the visitor centre being located on the grounds of Letterfrack Industrial School that the centre does not acknowledge the history of the school; if he will ensure that this history is integrated into the visitors centre; and if he will make a statement on the matter. [23221/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 435 and 449 together.

289 Questions— 14 September 2011. Written Answers

[Deputy Jimmy Deenihan.]

Connemara National Park was established in 1980, combining land from a number of sources, including Kylemore Abbey, Coillte Teoranta and a number of private landowners. The Park is managed by the National Parks and Wildlife Service (NPWS) of my Department. The main remit of NPWS is the conservation of our natural heritage and the National Park provides a valuable amenity for both locals and visitors to the area and encourages the development of sustainable tourism in the locality. The main purpose of the Park’s exhibition area is to interpret the landscape and natural heritage of the National Park and the surrounding area through information exhibits and special events, such as children’s activities, guided walks and evening talks which are organised throughout the year. While the graveyard and some outbuildings from the former Letterfrack Industrial School lie within the boundaries of the National Park the main building which housed the School does not. With regard to the graveyard itself, its enhancement was facilitated and funded by the NPWS and the area is treated with dignity and respect and is cared for by NPWS staff who maintain it to the highest standards. In addition, there is appropriate signage in place where the access path to the graveyard leaves the main route in the Park. The appropriate means of highlighting the history of the Letterfrack Industrial School and other such institutions and any commemoration of those who spent time there are matters that falls outside the primary remit of the NPWS and may be more appropriate to the Department of Education and Skills. I understand from enquiries made to that Department’s Residential Institution Redress Unit that, as part of the implementation of the recommendations of the Ryan Report, an independent committee was appointed by the Minister for Education and Skills to oversee the design and commissioning of a memorial for those affected by institutional abuse. Following the consultative process, a competition is being organised and administered on behalf of the committee by the Commissioners of Public Works. The competition is open to all, including those who might wish to make proposals for an appropriate memorial to those affected by institutional abuse in Letterfrack Industrial School. I am advised that the closing date for receipt of expressions of interest is Thursday 13of October 2011 and details of the competition, including selection criteria, indicative dates and competition jury membership, is available on at www.education.ie and www.publicart.ie.

Invasive Species 436. Deputy Niall Collins asked the Minister for Arts, Heritage and the Gaeltacht his views on a matter (details supplied); and if he will make a statement on the matter. [23536/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The species referred to by the Deputy was first introduced to Ireland over 100 years ago. It forms dense thickets along roadsides, waste-grounds and waterways, reproduces by vegetative means and is difficult to kill off once it becomes established. The National Parks and Wildlife Service of my Department is currently working with the Northern Ireland Environment Agency to fund and manage the Invasive Species Ireland project. This initiative provides advice and guidance on the management of a range of invasive species, including the species referred to, which can negatively impact on the environment and on property on the island of Ireland. Best Practice Management Guidelines for the species in question have been published and can be accessed on the project website at www.invasivespec- iesireland.com. I understand that this guidance is currently undergoing review following changes in legislation and refinement of good practice in the management of the species. The updated guidance will be made publicly available during the month of October.

290 Questions— 14 September 2011. Written Answers

My Department will be including provisions in the forthcoming Birds and Natural Habitats Regulations in relation to controlling the possession and dispersal of ecologically harmful and invasive species of animals and plants, including the species referred to by the Deputy.

National Parks 437. Deputy Michelle Mulherin asked the Minister for Arts, Heritage and the Gaeltacht the plans the National Parks and Wildlife Service has for the change of farming practices and methods and stock levels for hill farmers; and if any financial assistance will be given to affected farmers; and if he will make a statement on the matter. [23958/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): My Department, in association with the Department of Agriculture, Fisheries and Food, is currently undertaking a review of all commonage framework plans. The review will provide the basis for the sustainable grazing of commonages, to avoid both over-grazing and under-grazing. It is envisaged that a minimum and maximum stocking level will be set for each commonage townland and owners of shares in the commonage will be notified of these levels. Farmers will be able to farm freely once these stocking levels are observed and the land is maintained in good agricultural and environmental condition. Farmers in certain areas, which are still assessed as being in bad condition, will continue to have their stock levels restricted over the next two years. The issue of financial assistance will be examined in the light of the review and of Departmental budgets.

Harbours and Piers 438. Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht if he will contribute to the development of piers at Dunquin and An Blascaod Mór, County Kerry; and if he will make a statement on the matter. [22642/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Unfortunately, due to budgetary constraints, my Department is not currently in a position to make a financial contribution to the development of piers at Dún Chaoin and An Blascaod Mór. However, my Department will continue to maintain an interest in the project and my officials are available to engage in discussions or to assist in any other way in advancing the project, notwithstanding the existing financial constraints.

National Parks 439. Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht if suitable lands in Killarney National Park, County Kerry, will be set aside for the purpose of community allotments; and if he will make a statement on the matter. [22649/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The primary remit of the National Parks and Wildlife Service of my Department is the conservation of our natural heritage, and accordingly, it would not be considered appropriate to set aside land in Killarney National Park for community allotments. However, under Section 67 of the Local Government Act 2001, local authorities may take measures to promote the interests of the local community in relation to a range of specified matters, including allotments.

Commemorative Events 440. Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht the action he will take to commemorate the 750th anniversary of the battle of Callan, Kilgarvan,

291 Questions— 14 September 2011. Written Answers

[Deputy Brendan Griffin.] County Kerry, which occurs this August 2011; and if he will make a statement on the matter. [22654/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): My Department has no plan to commemorate this event which, while it is not of national significance, may well merit some appropriate local or community initiative.

Departmental Expenditure 441. Deputy Shane Ross asked the Minister for Arts, Heritage and the Gaeltacht the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22718/11]

451. Deputy Shane Ross asked the Minister for Arts, Heritage and the Gaeltacht the amount his Department has spent on taxis for staff and for others in each of the past four years. [23292/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 441 and 451 together. The Deputy will be aware that the Department of Arts, Heritage and the Gaeltacht was established on 2 June 2011. The amount spent on taxi services since that date is shown in the following table. It was not possible to provide separate expenditure data on taxi usage incurred by outsiders.

Period Taxi Expenditure

June-August 2011 €3,605

In general, taxis may be hired by officers while on Departmental business where public transport is not available or suitable. Officers are instructed that, when travelling to and from the same destination, shared taxis should be availed of, where possible. No decision has yet been taken in relation to the allocation for taxi services for next year, pending approval of the 2012 Departmental Estimates in the context of the Budget.

Arts Funding 442. Deputy Patrick O’Donovan asked the Minister for Arts, Heritage and the Gaeltacht the number of persons that visited the National Print Museum in 2010; and the amount that was paid by the State in grants and other payments to the National Print Museum during the same period. [22954/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The National Print Museum had 21,400 visitors in 2010 and the total amount of grants paid to the Museum in that year was €182,000.

443. Deputy Patrick O’Donovan asked the Minister for Arts, Heritage and the Gaeltacht if he funded or grant aided the Irish Labour History Museum in 2010; if so, the amount that was involved; and the number of persons that visited the museum during the same period. [22955/11] 292 Questions— 14 September 2011. Written Answers

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I wish to advise the Deputy that the Irish Labour History Museum did not receive any grant aid from my Department in 2010. The visitor numbers to the Museum are not available to my Department.

Wildlife Protection 444. Deputy Brendan Griffin asked the Minister for Arts, Heritage and the Gaeltacht if measures will be taken to protect the curlew from extinction; and if he will make a statement on the matter. [23006/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The curlew is red- listed as a globally threatened species by the International Union for Conservation of Nature since 2007. A recent survey published by BirdWatch Ireland indicated that, based on the results of a survey to find breeding curlews in counties Donegal and Mayo, the current number of breeding pairs in the State is less than 200. However, there is a large influx of curlews into Ireland every winter and the winter numbers have not shown a parallel decline. The cause of the decline in breeding pairs is not clear. It is possible that the loss of habitat in upland areas, where afforestation, commercial peat-cutting and windfarm developments have taken place, is a factor in the decline of the species. It is also likely that the spread of forestry has boosted the number of foxes and grey crows, both very efficient predators of nests. Under the Open Seasons Order the hunting of curlew is allowed in the month of November only. My Department is reviewing its inclusion on the shooting list in view of the steep decline in breeding curlews. My Department is also engaging in a process of investigations and consultations with relevant parties with a view to ascertaining the causes of the decline and putting in place appropriate supportive measures.

Arts Funding 445. Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht the way applicants for Culture Ireland funds are assessed according to financial need; the number of arts organisations that have surplus funds; and if surplus funds will be deducted from the grant aid. [23053/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Culture Ireland operates a quarterly grant scheme to support the international presentation of work by Irish artists. To be eligible for funding, the primary purpose of the proposed international visit must be to present the work of Irish artists to a wide audience through performance or exhibition. All applicants must demonstrate how the event will meet the following criteria: quality of work and track record of artist/company; level of geographic priority for Culture Ireland; profile of international venue/festival; financial viability of the event (including level of support from presenter/other partners); proven capacity of applicant to present work internationally; and wider promotional and media impact. Decisions on funding applications are based on the extent to which they meet these criteria. In assessing the financial viability of the event, Culture Ireland considers the detailed budget for the event which must accompany the application and funding for selected projects is only offered where there is a budgetary shortfall. In supporting an event, Culture Ireland will typically offer funding towards the costs of travel/transport and sometimes also accommodation/subsistence, i.e. costs which relate directly to the international presentation of the event. Culture Ireland does not fund fees or production costs. The list of projects grant- funded by Culture Ireland is available on the website www.cultureireland.ie.

293 Questions— 14 September 2011. Written Answers

446. Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht the number of direct grants that were provided by the Department of Tourism, Culture and Sport in 2010 specifically for funding of the arts; the way the arts organisations were made aware of this funding; the further way they were assessed; the amount that was allocated; the person who made the decisions; if there is a record of the assessment process; and if he will provide this Deputy with the list. [23054/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Capital grants for arts projects paid in 2010 under the D.5 Cultural Development subhead of my Department’s Vote are published on my Department’s website at www.ahg.gov.ie/en/arts/grants and funding. This funding covered payments under a number of different schemes. The majority of the funds in question were capital grants made under the ACCESS II grant scheme and apply to major capital projects. Applications were made in 2006 following advertisements in the national media. The decision-making process was lead by an independent assessment committee under the chairmanship of Mr John Fitzgerald, former Dublin City Council Manager. Grants were allocated in 2007 and again in 2008 based on the recommendations made by this committee. Because of their technical nature, capital projects usually involve multiple year drawdown. Allocations made under my Department’s Cultural Technology Scheme in 2010 were also decided by an independent assessment committee under the chairmanship of Ms Karlin Lilling- ton. Again, this scheme was advertised in the national media and the assessment criteria were published. When availability of funds allow, smaller capital grants may also made available. Details of the application process for this type of funding, along with the requirements and criteria for drawdown of these grants, is published on my Department’s website at www.ahg.gov.ie/en/Publications/ArtsPublications/FAQFebruary2011.pdf. Applications under this procedure are assessed by my Department against the criteria published on the website. It is standard practice that records are kept in my Department of all grant assessment processes.

Arts Council 447. Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht the number of staff in the Arts Council; and the breakdown of the numbers of staff who have specific responsibilities for various sector in the Arts. [23055/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I understand that the Arts Council employs 46 whole-time equivalent staff across a range of grades. The following table gives a breakdown of staff employed directly on arts specialist work.

Category Staff

Art forms in the performing and · Architecture 15.25 whole-time equivalent staff creative arts · Circus · Dance · Film · Literature · Music · Opera · Theatre · Traditional Arts · Visual Arts

294 Questions— 14 September 2011. Written Answers

Category Staff

Arts practices that are · Artists’ Supports 14.75 whole-time equivalent staff multidisciplinary and/or cross · Arts Participation sectoral in nature · European Cultural Contact Point · Festivals, Street Arts & Spectacle · International Arts · Local Arts · Public Art · Venues · Young People Children & Education

All other employees are cross-functional in support of the work of the Arts Council.

Public Sector Recruitment 448. Deputy Michael Healy-Rae asked the Minister for Arts, Heritage and the Gaeltacht if he will approve the recruitment of staff at an organisation (details supplied) in County Kerry in view of the fact that 11 persons have retired from their posts in recent years; and if he will make a statement on the matter. [23220/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): As the Deputy will be aware, the moratorium on filling staff vacancies across the public service remains in place. I am satisfied though that within this context, adequate staffing resources are in place in order to maintain the property referred to by the Deputy as a high quality visitor attraction. In relation to the restoration project referred to, the Office of Public Works will act as project manager for these works and on behalf of my Department will engage suitably qualified contractors to carry out the necessary works. Where my Departmental staff are required to be involved in the project, this will be managed from existing resources, having regard to other existing work and management priorities.

Question No. 449 answered with Question No. 435.

Arts Funding 450. Deputy Terence Flanagan asked the Minister for Arts, Heritage and the Gaeltacht if he will deal with a matter (details supplied) regarding funding for self-published authors; and if he will make a statement on the matter. [23243/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I wish to assure the Deputy that I appreciate the difficulties involved in the area of publication, both by companies and individuals. I do not however, have a statutory role in respect of supporting such enterprises. The Arts Council is the State agency primarily charged with the promotion and funding of the arts at all levels throughout the country. The Arts Council can support a self-published author to develop his work, either through a bursary or through a travel and training award. The Council supports writers at all stages of their careers, and it offers a range of supports to literary publishers and journals to produce and distribute high quality work. Details of these awards are available both directly from the Council and on its website www.artscouncil.ie.

Question No. 451 answered with Question No. 441.

Departmental Expenditure 452. Deputy Shane Ross asked the Minister for Arts, Heritage and the Gaeltacht the details of spending, using departmental credit cards held by Department staff over the past four years; 295 Questions— 14 September 2011. Written Answers

[Deputy Shane Ross.] the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card. [23307/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The Deputy will be aware that my Department was established on 2 June 2011. Expenditure incurred using Departmental credit cards from that date was €15,385.38 and I am advised that none of that expenditure related to official entertainment. Following a review of policy in this area, my Department now has one operational credit card with a credit limit of €10,000.

Ministerial Staff 453. Deputy John O’Mahony asked the Minister for Arts, Heritage and the Gaeltacht the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23337/11]

455. Deputy John O’Mahony asked the Minister for Arts, Heritage and the Gaeltacht the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23367/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 453 and 455 together. As the Deputy will be aware, the Department of Arts, Heritage and the Gaeltacht was established on 2nd June 2011. The details requested by the Deputy in respect of my own private and constituency offices, and those of Minister of State Dinny McGinley, T.D., are set out in the following tables. The staffing levels referred to are consistent with the Guidelines on Staffing of Ministerial Offices, as approved by the Government earlier this year. The Deputy will note that the details provided relate to the period since my appointment as Minister for Arts, Heritage and the Gaeltacht and the appointment of Minister of State Dinny McGinley on 10 March 2011.

Offices of Minister for Arts, Heritage and the Gaeltacht

No of staff (WTE) Salary cost in 2011 to date

€

Private Office 5 119,604 Constituency Office 4 71,907

Total 9 191,511

Offices of Minister of State

No of staff (WTE) Salary cost in 2011 to date

€

Private Office 4 86,724 Constituency Office 3 60,360

Total 7 147,084

296 Questions— 14 September 2011. Written Answers

454. Deputy John O’Mahony asked the Minister for Arts, Heritage and the Gaeltacht the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23352/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): As the Deputy will be aware, the Department of Arts, Heritage and the Gaeltacht was established on 2nd June 2011. My Department has received sanction from the Department of Finance for the appointment of two Special Advisors. My officials are currently in contact with both individuals with a view to finalising specific contracts arrangements in line with the guidelines on staffing of Ministers’ Offices issued earlier this year. No salary costs have been incurred by my Depart- ment to date, pending the finalising of these arrangements. I have not appointed any programme managers, nor is any such appointment envisaged.

Question No. 455 answered with Question No. 453.

Departmental Expenditure 456. Deputy Simon Harris asked the Minister for Arts, Heritage and the Gaeltacht the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23439/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): The Department of Arts, Heritage and the Gaeltacht was established on 2 June 2011 and the Deputy will appreciate that it is not possible to provide meaningful comparative information for 2010 as sought by him. The administrative budget available to my Department for postal, telecommunications, office equipment and IT services in 2011 is €2,045,000, comprising €1,641,000 for current expenditure and €404,000 for capital expenditure. The purchase of IT equipment is specifically provided for from this capital expenditure budget. In accordance with public procurement regulations, all relevant IT procurements are subject to a tendering process, with purchases of particular IT equipment and services, such as desktop or laptop PCs, printers and mobile or fixed voice or data services, being procured under the national ICT procurement frameworks, which are under the auspices of the Department of Public Expenditure and Reform. Furthermore, my Department has been active in establishing cross-departmental collabor- ations with, for example, the Departments of Transport, Tourism and Sport, and Environment, Community and Local Government on IT projects where significant cost savings can be achieved through the sharing of IT services and resources. Whilst my Department provides funding to the agencies within its remit, the board of each agency is responsible for all operational matters relating to the agency, including IT services, and I do not have a statutory function in respect of such day-to-day operational matters.

Expenditure Reviews 457. Deputy Sean Fleming asked the Minister for Arts, Heritage and the Gaeltacht if he will publish the details of his Department’s submission and all correspondence to the Department

297 Questions— 14 September 2011. Written Answers

[Deputy Sean Fleming.] of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23466/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): As the Deputy is aware, in the current economic circumstances, the Government is faced with a number of difficult decisions in lead up to the forthcoming Budget. To assist in this regard, the Govern- ment has embarked on a detailed Comprehensive Review of Expenditure (CRE). The objectives of the CRE are to provide the Government with a comprehensive set of decision options: to meet the overall fiscal consolidation objectives, both as regards spending and numbers reduction targets; to re-align spending with the Programme for Government priorities; and; in this context, to consider new ways of achieving Government objectives in the context of public sector reform. The Deputy will appreciate that the Departmental CRE submissions form a central part of the overall pre-budget deliberations of the Government and, as such, their release cannot be considered in advance of Government decisions on the forthcoming Budget.

Caiteachas Ranna 458. D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta cad é an caiteachas reatha agus caipitil go 31 Lúnasa, briste síos de réir na gceannteideal sna measta- cháin, an soláthar don bhliain do gach ceannteideal agus an caiteachas a bhí tuartha go dtí an dáta sin sna próifíl a cuireadh chuig an Roinn Airgeadais; agus an ndéanfaidh sé ráiteas ina thaobh. [23488/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Mar is eol don Teachta, tá leithdháiltí caiteachais mo Roinnse ag leibhéal fo-mhírchinn foilsithe sna Measta- cháin Athbhreithnithe agus tá próifílí caiteachais foilsithe don bhliain 2011 ar fáil ar láithreán gréasáin na Roinne Caiteachais Phoiblí agus Athchóirithe. Tá leithdháiltí na Roinne ag leibhéal fo-mhírchinn ar fáil ag an nasc thíos chun gur féidir tagairt a dhéanamh dóibh go héasca: http://per.gov.ie/wp-content/uploads/2011-REV.pdf. Is féidir breathnú ar chaiteachas maidir le próifílí foilsithe ag an nasc seo a leanas: http://www.finance.gov.ie/documents/exchequerstatements/2011/profilerevspendjuly2011.pdf. Mar eolas don Teachta, ar an 31 Lúnasa 2011, ba é€151.763m glanchaiteachas iomlánmo Roinnse. Ba ionann sin agus isteach agus amach le 94% den phróifíl foilsithe agus 57% den leithdháileadh sna Meastacháin Athbhreithnithe ar fiú €264.099m é.Déanann an tábla thíos achoimre ar dheighilt an chaiteachais sin idir caiteachas reatha agus caiteachas caipitil:

Leithdháileadh Caiteachas go Próifíl Caiteachas mar Meastacháin 31 Lúnasa go 31 Lúnasa chéatadán den Athbhreithnithe Phróifíl 2011

€000 €000 €000 %

Reatha 209,532 129,790 134,201 97 Capitil 54,567 21,973 26,634 82

Iomlán 264,099 151,763 160,835 94

Tá an Teachta ar an eolas freisin, cé go ndéantar monatóireacht agus bainistiú ar bhonn rialta ar chaiteachas mo Roinnse i gcoibhneas le próifíl ag leibhéal fo-mhírchinn, gur figiúirí sealada- cha figiúirí caiteachais leanúnacha dá leithéid agus tá siad faoi réir phromhadh inmheánach trí 298 Questions— 14 September 2011. Written Answers chóras bainistíochta airgeadais na Roinne agus, ar deireadh, faoi réir phromhadh an Ard- Reachtaire Cuntas agus Ciste. Ceapaim dá mbeadh tuarascálacha mionsonraithe inmheánacha ar chaiteachas ag leibhéal fo-mhírchinn le foilsiú roimh dheireadh na bliana go mbeadh breis promhaidh ag teastáil, chomh maith le méid díréireach ama agus oibre ar bhonn leanúnach, agus bheadh sé deacair seasamh leis sin.

Maoiniú Ranna 459. D’fhiafraigh Éamon Ó Cuív den Aire Ealaíon, Oidhreachta agus Gaeltachta an ndéan- faidh sé liosta a chur ar fáil de na tograí caipitil oileánda ar caitheadh níos mó ná€1m orthu ó 1998; cad é an t-ollchostas a bhain le gach ceann acu; agus an ndéanfaidh sé ráiteas ina thaobh. [23490/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Léirítear sna táblaí leis seo na tionscadail caipitil a bhaineann leis na hoileáin, ar caitheadh níos mó ná€1m orthu ón mbliain 1998, agus an caiteachas go dáta i ngach cás, de réir thaifid mo Roinne-se.

Ainm an tionscadail agus méid an caiteachais

Co. Dhún na nGall Co. Mhaigh Eo

Bliain Cé na Leidhbe Cé Mhachaire Cé Rú an Átha Céanna Chliara & Gairbhe Rabhartaigh Thoirc

1998 1999 €666,612 2000 €209,507 2001 €158,717 €589,158 2002 €52,697 €1,058,020 2003 €840,324 €1,360,768 €249,053 2004 €366,136 €7,891,933 2005 €23,096 €2,597,769 2006 €847,455 2007 €26,549 2008 2009 2010 2011

Iomlán €1,087,533 €2,487,502 €1,750,000 €11,612,759

Ainm an tionscadail agus méid an caiteachais

Co. na Gaillimhe

Bliain Droichead Cé an Cé Chill Aerstráice Aerstráice an Calafort Ros Cosaint an Inis Ní Chaladh Rónáin Inis Bó Finne Chlocháin an Mhílchósta ar Inis Mhóir Bó Finne

1998 €10,793 1999 2000 2001 2002 €510,434 €134,167

299 Questions— 14 September 2011. Written Answers

[Deputy Dinny McGinley.]

Bliain Droichead Cé an Cé Chill Aerstráice Aerstráice an Calafort Ros Cosaint an Inis Ní Chaladh Rónáin Inis Bó Finne Chlocháin an Mhílchósta ar Inis Mhóir Bó Finne

2003 €759,303 2004 2005 €284,648 €147,760 €1,500,000 2006 €141,353 €20,062 €1,074,851 €71,174 2007 €7,726,920 €63,487 €1,244,107 €474,113 €404,280 €5,664,211 2008 €5,683,653 €17,386,291 €1,367,226 €3,709,027 €922,171 2009 €63,666 €14,095,634 €454,952 €412,856 €485,067 2010 €514,853 €8,864,825 €19,832 €583,271 €436,596 2011 €2,101,606 €50,085

Iomlán €1,269,737 €14,560,053 €42,511,843* €3,304,024 €5,179,267 €2,979,131 €7,579,219

*Obair fós ag dul ar aghaidh.

Departmental Expenditure 460. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage and the Gaeltacht the capital funding spent on islands from the islands subhead of his Department and of previous Departments with this responsibility for the islands for each year from 1998 to 2011 broken down on a county basis; and if he will make a statement on the matter. [23491/11]

Minister of State at the Department of Arts, Heritage and the Gaeltacht (Deputy Dinny McGinley): Based on Departmental records, details of expenditure incurred on capital projects on the islands for each county for the period 1998 to 2011 to date are set out in the table below. The Deputy will note that in certain instances expenditure related to more than one county.

Expenditure on Islands

Year Co. Co. Sligo Co. Mayo Co. Galway Co. Kerry Co. Cork More than Total Donegal one county*

1998 €445,615 €0 €408,032 €460,045 €0 €862,825 €794,377 €2,970,894 1999 €1,033,313 €0 €161,182 €173,703 €0 €1,814,479 €79,237 €3,261,914 2000 €453,931 €0 €696,583 €1,540,262 €0 €541,073 €919,322 €4,151,171 2001 €2,110,316 €0 €606,564 €1,215,733 €35,553 €721,482 €330,754 €5,020,402 2002 €1,979,758 €0 €963,868 €776,837 €0 €311,490 €2,279 €4,034,232 2003 €1,247,141 €54,141 €2,549,203 €432,805 €17,836 €65,532 €0 €4,366,658 2004 €255,863 €89,710 €8,744,155 €831,140 €7,909 €426,843 €0 €10,355,620 2005 €202,085 €0 €2,948,832 €3,233,262 €0 €207,299 €0 €6,591,478 2006 €479,850 €0 €1,397,558 €3,033,395 €300,000 €451,832 €0 €5,662,635 2007 €449,901 €0 €487,326 €16,447,058 €2,091 €631,566 €0 €18,017,942 2008 €795,642 €0 €837,386 €30,672,346 €0 €672,827 €0 €32,978,201 2009 €377,754 €0 €366,313 €18,689,632 €0 €298,301 €0 €19,732,000 2010 €54,994 €0 €41,519 €10,576,681 €0 €129,538 €0 €10,802,732 2011 €0 €0 €0 €2,176,722 €0 €718 €0 €2,177,440

Total €9,886,163 €143,851 €20,208,521 €90,259,621 €363,389 €7,135,805 €2,125,969 €130,123,319

*These projects related to more than one county.

Maoiniú Ranna 461. D’fhiafraigh Éamon Ó Cuív den Aire Gaeltacht Ealaíon, Oidhreachta agus Gaeltachta 300 Questions— 14 September 2011. Written Answers an bhfuil sé i gceist aige airgead pleanála teanga a chur ar fáil do na comharchumainn Ghael- tachta i 2012 faoin Straitéis Fiche Bliain don teanga; agus an ndéanfaidh sé ráiteas ina thaobh. [23492/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Mar is eol don Teachta, tá sé ráite sa Straitéis 20 Bliain don Ghaeilge 2010-2030 go mbeidh forbairt córas cuimsitheach pleanála teanga ag leibhéal an phobail sa Ghaeltacht ag croílár na Straitéise. Faoin bpróiseas pleanála teanga sin, tá i gceist go ndéanfar plean teanga a ullmhú ag leibhéal an phobail do gach ceantar Gaeltachta. Is cinnte go mbeidh róllárnach ag na heagraíochtaí pobalbhunaithe sa Ghaeltacht sa phróiseas sin. Tá obair ar Bhille Gaeltachta, a thabharfaidh stádas reachtúil don phróiseas pleanála teanga, á cur chun cinn ag mo Roinnse i láthair na huaire agus táthar ag súil go mbeidh an reachtaíocht sin foilsithe roimh dheireadh na bliana, ag brath ar chlár reachtaíochta an Rialtais. Mar a thuigfidh an Teachta, níl ar chumas mo Roinne an soláthar airgid a chuirfear ar fáil do na cúrsaí seo uile an bhliain seo chugainn a shonrú go dtí go mbeidh cinntí déanta sa Cháinaisnéis faoi na Meastacháin do 2012. San idirlinn, tá mo Roinn ag breathnú ar an gcur chuige is éifeachtaí chun córas pleanála teanga a fhorbairt go céimnitheach sa Ghaeltacht, i gcomhthéacs inar féidir a bheith ag súil leis go mbeidh acmhainní teoranta airgeadais ar fáil sa tréimhse amach romhainn.

Arts Plan 462. Deputy Éamon Ó Cuív asked the Minister for Arts, Heritage and the Gaeltacht if there has been any contact or discussions between his Department and the Bank of Ireland on making the Bank of Ireland premises in College Green available as a public building for use for public and cultural purposes; and if he will make a statement on the matter. [23494/11]

465. Deputy Anne Ferris asked the Minister for Arts, Heritage and the Gaeltacht if he will give an update on the acquisition of Bank of Ireland, College Green, Dublin 2, for its use by the State as a cultural amenity; and if he will make a statement on the matter. [23929/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I propose to take Questions Nos. 462 and 465 together. I refer the Deputies to my replies on 24th May and 2nd June 2011 on this matter. I have met the Chair and Chief Executive of Bank of Ireland and had a constructive engagement on the issues. That engagement will continue.

Natural Heritage Areas 463. Deputy Nicky McFadden asked the Minister for Arts, Heritage and the Gaeltacht the steps he must take to designate Lough Ree as a special protection area for wild birds; the way this designation might impact on residents living near the lake and also on flood relief maintenance. [23512/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I am currently engaged in a programme of classification of Special Protection Areas (SPAs) under the Birds Directive. This exercise includes the re-classification of many existing SPA sites, including Lough Ree which was first designated some sixteen years ago. A judgment delivered by the European Court of Justice against Ireland in December 2007 found that Ireland’s classification of its SPAs had been inadequate in some respects and this has necessitated the re-classification of many of the older sites.

301 Questions— 14 September 2011. Written Answers

[Deputy Jimmy Deenihan.]

The proposal to update the designation of Lough Ree was advertised during the week commencing the 25th July, 2011. Detailed information on the proposal was included with my Department’s letter of 22nd July, 2011 which issued to landowners and others identified as having an interest in the site. This material, including maps of the proposed site, was also made available through public access points in the area, including Garda Stations, Teagasc offices, local libraries and the offices of local authorities in the area. Appeals by affected landowners or land users against the proposal may be made up to 25th October, 2011. The re-designation process will be concluded, following consideration of any appeals submitted, with the making of a new Statutory Instrument for the site. To protect ecologically important sites, certain potentially harmful works are restricted within SPAs. These activities (known as Activities Requiring Consent) are works liable to interfere with the integrity of the site. For the Lough Ree site, activities such as drainage works, reclamation and water abstraction are specified. These provisions apply to works undertaken by public bodies and agencies as well as private individuals. However, there is no general prohibition on the activities listed, merely a requirement to notify and secure my consent, as Minister, where relevant. In practice, this consent is obtained through contact with the locally based staff of the National Parks and Wildlife Service. Details of these activities and this process have been sent to landowners. There is no requirement to obtain consent if an activity is licensed by or subject to the permission of another Minister, public body, State or local authority, or specified as permitted in an approved farm plan for the land in question.

Family History Centres 464. Deputy Dara Calleary asked the Minister for Arts, Heritage and the Gaeltacht if his attention has been drawn to the damage these plans may cause to the network of family history centres across the island; and if he will make a statement on the matter. [23812/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I met with representatives from the Irish Family History Foundation in July where they outlined their views on the digitisation of records. Additionally, I held a full day seminar on 7 September with representatives from a wide range of organisations with an interest in genealogy matters. A representative from the Family History Centres in each county was invited, the majority of which attended on the day. Each organisation that attended was given an opportunity to make a presentation that outlined their views on the issue of digitising genealogical records. This involved some 30 presentations being made over the course of the day. I am now considering the views of the various organisations on this important issue.

Question No. 465 answered with Question No. 462.

National Archives 466. Deputy Anne Ferris asked the Minister for Arts, Heritage and the Gaeltacht if funding will be made available to the National Archives to properly preserve the records of psychiatric hospitals as highlighted in a recent television programme (details supplied); if these archives will receive statutory protection; if all archives for each hospital have been investigated; and if he will make a statement on the matter. [23959/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I am advised that the archives of hospitals are not covered by the National Archives Act 1986. The Deputy will

302 Questions— 14 September 2011. Written Answers appreciate, therefore, that my Department and the National Archives have no statutory function in this matter.

467. Deputy Anne Ferris asked the Minister for Arts, Heritage and the Gaeltacht his plans to reform the 30-year rule for the National Archives; and if he will make a statement on the matter. [24004/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): I have no plans to reform the 30 year rule for the National Archives.

Archaeological Sites 468. Deputy Anne Ferris asked the Minister for Arts, Heritage and the Gaeltacht the number of endangered archaeological sites, natural heritage sites and buildings here; if he will give a breakdown of those in County Wicklow; if he will give an update on his review of Part IV Architectural Heritage of the Planning and Development Act 2000; and if he will make a statement on the matter. [24053/11]

Minister for Arts, Heritage and the Gaeltacht (Deputy Jimmy Deenihan): Under the provisions of the Planning and Development Act 2000, each planning authority is required to include in its development plan a Record of Protected Structures. The making of an addition to, or deletion from, a Record of Protected Structures is a reserved function of the planning authorities. Inclusion in the Record of Protected Structures places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with development proposals affecting them and to seek to safeguard their future. Section 59 of the 2000 Act provides for a planning authority to serve notice to require works to be carried out in relation to endangerment of protected structures. On the basis of information submitted by the planning authorities to my Department, there were 19 such notices served in 2008, 27 in 2009 and 10 in 2010. None of these notices were served by the Wicklow planning authorities. Archaeological sites, generally, are protected quite successfully under the National Monu- ments Acts 1930-2004. Whilst it not currently possible to quantify nationally how many sites are endangered, there are twelve cases of reported threat or damage to archaeological sites in County Wicklow currently under investigation by my Department. Sites designated by my Department for their natural heritage interest include Special Areas of Conservation (SACs), Special Protection Areas (SPAs), Natural Heritage Areas (NHAs), Refuges for Fauna, Nature Reserves and National Parks. Detailed information on these sites, including information on the nature conservation associated with each, is available on a county basis on the National Parks and Wildlife Service website at www.npws.ie . I have given approval for my Department to undertake a review of the operation of Part IV (Architectural Heritage) of the Planning and Development Act 2000. An Expert Advisory Committee is being established as part of the review process. The review will focus on the effective operation of the existing code, rather than on a fundamental review of Part IV. This Committee is scheduled to hold its first meeting later this month.

Seismic Surveys 469. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources the results of the seismic studies that were carried out in 1964 on the sea between

303 Questions— 14 September 2011. Written Answers

[Deputy Michael Healy-Rae.] the Galley Head and Mizen Head, County Cork; and if he will make a statement on the matter. [22952/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There were the two seismic surveys in the general Galley Head/Mizen Head area during the 1960s. Details of these surveys are set out in the following table:

Survey ID Company Seismic Contractor Survey Survey Survey Area Type length

1969/01 Marathon Oil Western Geophysical 2D line 2,571 km Celtic Sea/Irish Sea 1969/02 Conoco Seiscom 2D line 1,091 km Celtic Sea/Fastnet Basin

The data from these two surveys was submitted to my Department by the companies involved and would be available for purchase through the Department’s data agents, contact details for which are available on my Department’s website. The acquisition of seismic data is an essential part of petroleum exploration and over 130 seismic surveys have been carried out off the south coast of Ireland since 1965.

Anti-Poverty Strategy 470. Deputy Aengus Ó Snodaigh asked the Minister for Communications, Energy and Natural Resources when he will publish the fuel poverty strategy as a matter of priority in advance of budget 2012. [23814/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Energy poverty is a cross-cutting policy issue and tackling the root causes requires action on a number of fronts. Energy poverty is caused by the interaction between energy prices, thermal inefficiency of the home and income. Action to mitigate energy poverty has focused on providing assistance through the schemes operated by the Departments of Social Protection, Envir- onment and the Sustainable Authority of Ireland (SEAI). The Affordable Energy Strategy will be the framework for building upon the many measures already in place to protect households at risk from the effects of energy poverty, which include the thermal efficiency-based measures delivered through the Better Energy: Warmer Homes programme. By providing significant energy efficiency improvements to homes in, or at risk of, energy poverty, this programme provides benefits to recipients in terms of energy affordability, tangible health improvements and overall well being. The programme is administered by the Sustainable Energy Authority of Ireland (SEAI) on behalf of my Department. The Inter-Departmental/Agency Group on Affordable Energy, which is chaired by my Department and which represents all key Departments, Agencies and energy suppliers as well as the Energy Regulator and NGOs, finalised its own deliberations over the summer months. Their analysis and recommendations formed the basis for a strategy to be agreed with my Ministerial colleagues. I would remind the Deputy that I informed the Oireachtas Committee last evening that I was in the process of bringing a Memo to Cabinet on this issue and it is my intention to publish an Affordable Energy Strategy within a few weeks.

Exploration Licences 471. Deputy Thomas Pringle asked the Minister for Communications, Energy and Natural 304 Questions— 14 September 2011. Written Answers

Resources if he will ensure that shale fracking will not be used for the removal of natural gas in the recently awarded Lough Allen Basin exploration licences; and if he will make a statement on the matter. [24145/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Earlier this year, my Department granted onshore Licensing Options to two companies over parts of the Lough Allen Basin. The Licensing Options are preliminary authorisations and are different to exploration licences. The Options are for a two year period from March 2011 to the end of February 2013. During this period, the companies will evaluate the natural gas potential of the acreage largely based on studies of existing data. The companies will also undertake a preliminary environmental baseline/impact assessment and engage with the local authorities and other statutory agencies as required. This work is largely office/desktop based and will not involve exploration drilling or hydraulic fracturing. In fact exploration drilling is specifically excluded under these authorisations. By the end of the Option period in February 2013, the companies will have to decide whether to apply for a follow-on exploration licences or relinquish their acreage. In the event that either company decides to apply for an exploration licence that includes proposals for exploration drilling using hydraulic fracturing, the company would have to demonstrate that this work could be undertaken without causing harm to the environment. The application would have to be set out in detail and be supported by an environmental impact statement. My Department would then undertake a full assessment of the application, including an environmental impact assessment and public consultation. As part of that public consultation, my Department would consult with other relevant statutory authorities such as the EPA, NPWS, Local Authorities etc. in making any decision.

472. Deputy Thomas Pringle asked the Minister for Communications, Energy and Natural Resources if he will delay the awarding of further exploration licences offshore until the joint Oireachtas committee has reported on the terms of the licences already awarded and made its recommendations; and if he will make a statement on the matter. [24146/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The potential of the Irish offshore as a petroleum producing region is largely unproven. This is likely to remain the case unless there is a relatively significant increase in the level of exploration activity, in particular exploration drilling. Over the past decade on average only two exploration wells have been drilled per year. The principal aim of the 2011 Atlantic Margin Licensing Round is to seek to inject new momentum into the level of exploration in the Irish offshore and to attract new exploration companies to Ireland. For that reason I do not intend to delay my decision on the award of the two-year licensing options. Companies that are granted two-year licensing options under the round will have to undertake work programmes agreed with my Department. These work programmes will then inform decisions to be made two years from now as to whether or not these companies will want to apply for exploration licences, with a view to moving towards exploration drilling. As any exploration drilling that might result from the 2011 licensing round is unlikely to take place until six years from now at the earliest, it would not be in the public interest to delay

305 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] decisions on the award of licensing options. To do so would only delay the much needed increase in exploration activity levels and damage investor confidence.

Departmental Expenditure 473. Deputy Shane Ross asked the Minister for Communications, Energy and Natural Resources the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22720/11]

480. Deputy Shane Ross asked the Minister for Communications, Energy and Natural Resources the amount his Department has spent on taxis for staff and for others in each of the past four years. [23294/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I propose to take Questions Nos. 473 and 480 together. My Department has a contract with a taxi company to provide taxi services at a very competitive rate. I have set out the information requested by the Deputy, as it relates to that contract, in the following table.

Period Spend

2011 January-August €7,246 2010 €18,400 2009 €17,309 2008 €27,760

In addition to the expenditure incurred on the contracted taxi service, officials are reimbursed for taxi expenditure when the contracted service is not available. This reimbursement occurs through the travel and subsistence system and the data for the periods in question is as follows:

Period Spend

2011 (January-August) €9,305 2010 €16,278 2009 €23,509 2008 €28,935

The total of the two is as follows:

Total

Period Spend

2011 (January-August) €16,551 2010 €34,678 2009 €40,818 2008 €56,695

306 Questions— 14 September 2011. Written Answers

While there is no specific allocation for taxi use in my department, it is included in the overall travel budget, expenditure in this area is closely monitored to ensure it stays within expectations. The following stipulations apply to the use of taxis: Officials travelling within normal walking distance of their office base should not use a taxi service except in exceptional circumstances. The possible exceptions to this are officials with a “declared” disability or those carrying weighty files; Other cheaper forms of public transport should be used when available, e.g., buses; Taxis should be shared when officials are attending the same meeting:Meetings should be held in our buildings and /or video conference facilities used where possible; Staff who book taxis should be present in reception and ready to go ahead of the taxi arrival to avoid waiting charges. Use of taxis is only permitted for official purposes and is restricted to staff use except in very exceptional circumstances. The extraction of information on the use of taxis by external personnel would be very time consuming and would necessitate going through all invoices from the taxi firm going over the past four years. My department has also implemented an initiative that makes available a number of bicycles for use by officials in its two Dublin offices during office hours. Following a successful pilot phase in Adelaide Road, this voluntary initiative was extended to Beggars Bush. The reaction of staff to the initiative has proved very positive and all eight bicycles are in regular use. This has helped to reduce the cost of taxis to the department since its inception in 2008.

Energy Resources 474. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will reply to a matter (details supplied) regarding the gas fields off the coast of County Mayo; and if he will make a statement on the matter. [22910/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): A finding from a research study sponsored by my Department estimated that there could be a total reserve potential in the order of ten billion barrels of oil equivalent in the frontier basins west of Ireland. This figure is simply an estimate of unproven potential, derived from an assessment of the scale of acreage, the state of knowledge of offshore geology and experience elsewhere. It is not a detailed estimate based on comprehensive survey and exploration drilling of Ireland’s Atlantic offshore. Actual reserve figures are likely to vary widely from these estimates and will not be known without a dramatic increase in the level of exploration activity. In fact, Ireland’s proven commercial reserves to date are estimated at 0.5 billion barrels and more than half of this has already been exploited. The only commercial discoveries of hydrocarbons made in the Irish offshore to date are the three producing gas fields in the Kinsale area, along with the Corrib gas field which is currently being developed off the coast of Mayo. There have been no commercial discoveries of oil. In relation to the onshore, earlier this year, my Department granted Licensing Options to two companies over parts of the North West Carboniferous or Lough Allen Basin. The Licens- ing Options are designed to allow the companies assess the natural gas potential of the acreage largely based on desktop studies of existing seismic and well data. This potential had been identified in earlier exploration, but was not considered to be commercially viable. It is too early to conclude whether or not these authorisations will proceed to the exploration licence stage let alone to anticipate a commercial discovery that would potentially lead to a petroleum production project. In relation to royalties, Ireland followed the lead of other countries such as the UK and Norway and moved away from a royalty based payments system to a tax based system in 1987.

307 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] Under a tax based system the return to the State is linked directly to the profitability of the oil or gas field compared to a royalty based system where payments are linked to the volume of production and take no account of differences in development cost or actual profitability. A comprehensive review of Ireland fiscal terms for oil and gas exploration and development was carried out in 2007. The review, which was underpinned by independent economic analysis, considered the appropriateness of Ireland’s licensing terms in comparison to other European countries that Ireland competes with for exploration investment. The outcome of that review was the introduction of a profit resource rent tax, of between 5% and 15% that will apply in the case of more profitable fields. The profit resource rent tax would be payable in addition to the standard petroleum corporate tax of 25%. Ireland competes with other countries, both in Europe and much further afield, to attract mobile international exploration investment. To that end, it is important that Ireland maintains a licensing regime that appropriately reflects both the risks and rewards of investing in petroleum exploration in the Irish offshore, relative to investing in exploration in other jurisdictions. Ireland’s petroleum taxation rate is deliberately pitched at a level that is consistent with countries such as France, Portugal and Spain, who like Ireland have limited petroleum production, rather than with major petroleum producers such as Norway or the UK.

Grant Payments 475. Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources the number of applications to the Sustainable Energy Authority of Ireland for the solar heating grant; the number that have been granted; and the number of same that have been granted despite not meeting application deadlines set by SEAI because of extenuating circumstances. [22926/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Sustainable Energy Authority of Ireland launched the Greener Homes Scheme in March 2006 to support homeowners who wished to install renewable heating technology in their homes. The technologies supported included Biomass, Heat Pumps and Solar Thermal systems. The scheme closed for applications in May 2011 when solar thermal technology transitioned across to Better Energy: Homes. At that time, just over 29,500 applications for solar technology had been approved. To date, a total of 22,500 systems have been installed by homeowners with a small number outstanding yet to be completed (approx 550). A total of 1,851 solar grant applications have been approved since the launch of Better Energy in May this year. Applications can be made online and, for eligible homes, approval is immediate with the homeowner having six months to complete the required work and submit payment documentation. Grants are not paid in cases where the homeowner does not meet the terms and conditions of the scheme.

Electricity Transmission Network 476. Deputy Clare Daly asked the Minister for Communications, Energy and Natural Resources the steps he will take in order to protect the health and safety of those on the route of the east-west interconnector in view of information (details supplied). [22948/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): EirGrid, the State owned independent electricity transmission system company, is building the East West Interconnector between Ireland and Britain. The construction of this vital strategic infrastructure by EirGrid is on schedule for completion next year. I have no role in the planning

308 Questions— 14 September 2011. Written Answers and construction of transmission infrastructure, which are operational matters for EirGrid. The planning process for strategic energy infrastructure is a matter for An Bord Pleanála under the Strategic Infrastructure Act, in which I have no role. The Interconnector obtained full planning permission from An Bord Pleanála in September 2009. This approval followed a comprehensive assessment process including a public oral hearing which addressed, inter alia, public health and safety considerations. It is being developed and constructed in line with all relevant national, EU and International guidelines for health, safety and the environment. In order to allay further concerns expressed by Rush Community Council and to assist local community understanding and confidence, an independent Expert Opinion on health issues relating to High Voltage Direct Current (HVDC) Cable was commissioned by the Department which was positive in terms of safety of HVDC cable technology. A further report on the operational safety of the interconnector project was commissioned on a jointly agreed basis by Rush Community Council and EirGrid and also reported positively in terms of the operational safety of the project. There is no reason to doubt EirGrid’s commitment to complete this strategically vital project successfully to the highest safety standards in the national interest and without risk to the health and safety of local communities, nor is there any evidence to suggest that EirGrid would deliberately mislead Fingal County Council, An Bord Pleanála or the local communities in any way.

Energy Resources 477. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources if he will confirm that the current pace of development here is sufficient to meet our renewable energy targets (details supplied); and if he will make a statement on the matter. [23139/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Under Directive 2009/28/EC, Ireland has been set a legally binding target for renewable energy as a percentage of all energy consumed by 2020. Our target is 16% and this is to be achieved across the transport, heating and electricity sectors. Our intention, as set out in the National Renew- able Energy Action Plan, available on the Department’s website www.dcenr.gov.ie is that the overall 16% target will be achieved with around 40% consumption in the electricity sector being from renewable sources, 10% in the transport sector and 12% in the heat sector. Table 10 of the National Renewable Energy Action Plan (NREAP) sets out the trajectory for how the target would be achieved in the electricity sector. By 2020, the NREAP modelled scenario shows 5111MW of renewable generation comprising 75MW of wave and tidal generation; 153MW of biomass generation; 234MW of hydro generation and 4649MW of wind (4094MW of onshore wind and 555MW of offshore wind.) Appendix 1 of the NREAP details the basis on which the modelling was carried out. Since the NREAP was drafted there have been further falls in projected demand for electricity. EirGrid’s All Island Generation Capacity Statement 2011-2020 concludes that Ireland will need 4350MW of wind generation by 2020 (i.e. 299MW less than forecast in the NREAP). The Sustainable Energy Authority of Ireland’s (SEAI’s) Energy Forecasts for Ireland to 2020 (2010 Report), which was compiled after the NREAP, indicates that only 3843MW of wind generation will be required by 2020 (see Table 16). The figures for each year supplied in the NREAP were based on a modelled trajectory towards the achievement of our target on the basis of the information known at the time. These

309 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] figures will have changed since the NREAP was published, which relied largely on 2009 data. A first report on the NREAP is to be submitted to the European Commission at end 2011 and will include new figures, which on the basis of the information already available from EirGrid and the SEAI energy forecasts are likely to show a lower trajectory. As of June 2011, there was 1459MW of wind generation connected to the grid, 234MW of hydro and 30MW of other renewable generation. A further 1150MW of renewable generation from Gate 1 and Gate 2 has contracted with EirGrid or ESB Networks and is awaiting connection over the next few years. While the amount of new windfarms connected in 2010 was lower than expected, an improvement is expected in 2011. The Commission for Energy Regulation, EirGrid and ESB Networks have been continuing to roll out the Gate 3 grid connection offers comprising 3900MW of new renewable generation. EirGrid is also actively pursuing implementation of the Grid 25 programme. Between the 1723MW of renewable generation currently connected, the 1150MW relating to Gate 1 and Gate 2 that has contracted for a new connection with the TSO or DSO and with the 3900MW of Gate 3 connection offers our renewable energy targets are still on track to be achieved by 2020.

Telecommunications Services 478. Deputy Michael Healy-Rae asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that Eircom has pulled back on the services such as those in Caherciveen, Kenmare and Beaufort, County Kerry, and that residents can only have their fault dealt with on every fourth working day (details supplied); and if he will make a statement on the matter. [23234/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The provision of electronic communications services is, in the first instance, a matter for private sector service providers operating in Ireland’s fully liberalised telecommunications market, regulated by the independent regulator, the Commission for Communications Regulation (ComReg). Decisions relating to the provision of services including support services are, as a general rule, commercial matters for the management of each company. Eircom has, however, been designated by ComReg, as the Universal Service Provider (USO) to ensure basic electronic services can be accessed by all residents in the State and Eircom is also required to meet certain quality of service targets including fault repair times. I understand from ComReg that it is currently reviewing Eircom’s performance in this regard for the reporting period 2010/2011. I have no role in this process.

Departmental Funding 479. Deputy Shane Ross asked the Minister for Communications, Energy and Natural Resources the amount of State funding, directly or indirectly, that has been awarded to fund SIPTU and ICTU or any of their members in the past decade; and if he will make a statement on the matter. [23268/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I wish to advise the Deputy that no direct or indirect funding has been provided to SIPTU or ICTU by my Department in any year since its formation in June 2007.

Question No. 480 answered with Question No. 473.

310 Questions— 14 September 2011. Written Answers

Departmental Expenditure 481. Deputy Shane Ross asked the Minister for Communications, Energy and Natural Resources the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card. [23309/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The table below details spending on my Department’s credit card account by Department staff for each of the past four years.

2008 2009 2010 2011 (To 22nd August)

€39,177 €5,243 €4,075 €1,224

A total of 17 card holders have operated through this Department’s credit card account at various stages over the past four years. In November 2008, the Management Committee revised the Department’s credit card policy and reduced the number of credit cards issued. There are currently three card holders on my Department’s account — myself, my Private Secretary, and the Private Secretary to the Minister of State. The limit on my card is €3,000 and there is a limit of €10,000 for each of the cards held by the Private Secretaries. Of the €49,719 spent on credit cards over the past four years, €8,453 was on entertainment. The amounts spent per year are provided in the table below.

2008 2009 2010 2011 (To 22nd August)

€8,426 ——€27

Pension Provisions 482. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 245 of 12 April 2011, the reason he has not made contact with the person as stated in the reply; when contact will be made; and if he will make a statement on the matter. [23334/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): My Department did contact the person detailed in Parliamentary Question No. 245 of 12 April 2011. The Department wrote to the individual on 12 April 2011 requesting more information, date of birth, exact service years and location of employment, in order to determine whether or not there was a pension entitlement. The individual then made direct contact with the pensions section and has since been informed that after extensive searches no record of his employment was found and the onus is now on the individual to provide documented evidence of his employment.

Ministerial Staff 483. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23339/11] 311 Questions— 14 September 2011. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Minister of State at my Department currently has three staff employed in his Private Office, a Private Secretary and two Clerical Officers. There are four people employed in his Constitu- ency Office, two Personal Secretaries (each work sharing 50%) a Personal Assistant and a Clerical Officer. Ministers of State assigned to my Department during May 2009 to March 2011 did not operate a Constituency Office from my Department and therefore the costs are confined to the Private Office. The annual amount paid in respect of salaries which includes allowances, over-time and employers PRSI, to each office is outlined in the Table below:

Year Private Office Constituency Office

2009 €220,716.20 €13,252.70 2010 €189,244.98 — 2011 €100,856.18 €28,281.45

484. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the number of special advisors and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23354/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There are two Special Advisers employed in my Department. Information regarding these and other such appointments requested by the Deputy is outlined below:

Year Minister No. of Special Salary Costing Advisers

2009 E. Ryan / S. Power / C. Lenihan 3 €312,526 2010 E. Ryan / C. Lenihan 3 €292,799 2011(1 January — 9 March) E. Ryan / C. Lenihan 3 €57,046 2011(28 March to date) P. Rabbitte 2 €65,795

485. Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23369/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There are nine staff employed my Private Office, two of whom are work sharing and four staff employed in my constituency office. Further information requested by the Deputy is outlined in the Tables below:

2009

Salary Total (Inclusive of overtime, allowances and employer’s PRSI)

Private Office €425,301 Constituency Office €110,451

312 Questions— 14 September 2011. Written Answers

2010

Salary Total (Inclusive of overtime, allowances and employers PRSI)

Private Office €498,386 Constituency Office €109,131

2011

Salary Total (Inclusive of overtime, allowances and employer’sPRSI

Private Office €485,938 Constituency Office €121,578

Departmental Schemes 486. Deputy Joanna Tuffy asked the Minister for Communications, Energy and Natural Resources his plans to introduce a waiver scheme for old aged pensioners, social welfare recipients and persons on low income to help with the costs of switching to SAORVIEW; and if he will make a statement on the matter. [23398/11]

505. Deputy Pearse Doherty asked the Minister for Communications, Energy and Natural Resources the supports that will be made available for citizens on very low incomes who may be unable to afford to install digital television services. [24058/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I propose to take Questions Nos. 486 and 505 together. Ireland’s national digital switchover strategy provides for the closure of the RTÉNL analogue TV network at the end of 2012 and, through the resulting ‘digital dividend’, paves the way for the delivery of new and better mobile and broadband services which should assist new national economic growth. I am keenly aware of the challenges this initiative brings, in particular for Irish households which are reliant on the existing “free to air” analogue TV network. In May of this year, I published a Report on TV Viewing Methods in Ireland, which was commissioned by my Department to assist with planning for Analogue Switch-Off (ASO). This report, which is available on my Department’s website, focuses on TV viewers who rely on the analogue terrestrial TV network and also provides useful information on the economic profile of TV households, their media preferences and preferences for receiving information about analogue switch off. The report is being used by my Department to inform the digital switchover programme. This report is also useful in helping to estimate the number of TV households reliant on the aerial TV network backed up by other research such as the TAM establishment survey. From the research, we can estimate that there are approximately a quarter of a million households in Ireland reliant on the aerial network solely for television reception, and an estimated 100,000 of these households are classified as DE homes from a socio-economic perspective. All households that rely solely on the existing “free to air” analogue TV network will need to upgrade to digital TV by the end of 2012 or they will lose access to television services. TV households can choose to upgrade to digital TV by moving to a pay-TV service or by upgrading 313 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] to Saorview, Ireland’s national digital TV aerial network, which was launched by RTÉ on 26th May 2011. To upgrade to Saorview, TV households will need to purchase either a set top box to connect to their existing TV or a new Saorview digital TV. In some cases, depending on the type of aerial and the orientation and age of the aerial, TV households may also need a new aerial. The number of TV households who may need a new aerial or aerial adjustment is estimated to be around 20,000 TV households. Experience from other European countries indicates that the cost of set top boxes and other digital receivers reduces as the date for digital switchover approaches, and there is increased competition in the market. There is clear evidence that this is now happening in Ireland with affordable set top boxes that meet the Saorview standard now coming on the market, as well as a range of suitable digital televisions. To overcome the challenges that digital switchover brings, I recognise that we must also assist people with information and practical assistance to ensure that no one is left behind as Ireland goes digital. I have undertaken to deliver a substantial information campaign providing households with information on the digital switchover and on their options for going digital. This information campaign will be starting this autumn and I will be announcing details in the coming weeks. In conjunction with this, my Department is currently working to address the particular information and assistance needs of vulnerable households as they prepare to go digital. In this context, the expertise and local knowledge of the many voluntary and charity organisations around the country could be of critical importance in ensuring the success of the switchover process. I have asked my Department to ensure that, to the greatest possible extent, these organisations play a major part in our information and assistance campaign.

Departmental Expenditure 487. Deputy Simon Harris asked the Minister for Communications, Energy and Natural Resources the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23441/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The budget available to my Department for IT expenditure in 2010 and 2011 is outlined in the following table:

Year Current Expenditure Capital Expenditure Expenditure on Network links

2010 (actual) €1,876,622 €559,617 €128,683 2011 (estimate) €1,840,000 €600,000 €129,000

My Department ensures that all public procurement procedures as outlined by the Department of Finance are adhered to during the procurement process. As part of these processes every effort is being undertaken to ensure value for money and achieve cost reductions. Notably, my Department, earlier this year, as part of the Croke Park Agreement has implemented an agreement with the Department of Agriculture, Fisheries and Food to receive 314 Questions— 14 September 2011. Written Answers a service from that Department for the maintenance of IT helpdesk services and network infrastructure. This arrangement, which is the first shared service to apply to a full government department, will provide long-term savings on licensing and maintenance costs and is likely to be a model for future IT services for smaller Government Departments. The purchase of IT equipment for Agencies under the aegis of my Department is an operational matter for each Agency. In addition each Exchequer funded Agency makes annual returns to the Department of Public Expenditure and Reform on all ICT expenditure.

Postal Services 488. Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources if he will deal with a matter (details supplied) regarding a national postal code system here; and if he will make a statement on the matter. [23462/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The procurement process to select an organisation to implement a National Postcode System was launched in January 2011 with the publication of a Pre Qualification Questionnaire on www.etenders.gov.ie. This process is still ongoing and, if successful, the detailed design of the postcode system will emerge for later implementation from this process. The implementation timeline for postcodes will, accordingly, be determined by the conclusion of the procurement process.

Expenditure Reviews 489. Deputy Sean Fleming asked the Minister for Communications, Energy and Natural Resources if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23468/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Departmental submissions to the Comprehensive Review of Expenditure are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure and Reform has already indicated that it is his intention to publish the Reports submitted as part of the Comprehensive Review of Expenditure process following the finalisation of the budgetary process.

Postal Services 490. Deputy Nicky McFadden asked the Minister for Communications, Energy and Natural Resources the universal service obligation of An Post; the length of time for which this obligation will apply; and his views on the importance of An Post as a postal operator. [23526/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The recently enacted Communications Regulation (Postal Services) Act, 2011, designates An Post as the universal postal service provider in the newly liberalised postal services market. This designation, which is for a period of twelve years, will be reviewed by ComReg to decide whether the designation of An Post after the expiry of the first seven years should continue for the remainder of the twelve years, whether other postal operators should be designated or that no designation is required in order to fulfil the universal service obligation. Designation requires An Post to provide a minimum level of postal service throughout the State, the essential element of which is the collection and delivery of mail to every address on every working

315 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] day. The Government’s core policy goal for the postal sector is to ensure that Irish customers, both business and residential, enjoy competitively priced, high quality postal services. An Post is an important postal service provider and has served the State well to date. However, the postal sector globally is facing challenges — not least from liberalisation and competition, but also the ongoing effect of the recession and the impact of electronic substitution and this has implications for how postal service providers, including An Post, must position themselves. Flexibility is required and a focus on innovation to meet the evolving needs of users, particularly business users, to maximise the “value added” by post to their customers. I know that An Post has many genuine strengths such as its dedicated workforce, its trusted brand and its strong visible presence in every community in Ireland on every working day of the year — a presence that very few, if any, competitors will be in a position to replicate. An Post and its staff must play to these strengths and ensure that its resources are aligned with the needs of its users. To do so will involve significant change and I understand that this is already underway.

Grant Payments 491. Deputy Nicky McFadden asked the Minister for Communications, Energy and Natural Resources if there is a procedure in place for public representatives to contact the Sustainable Energy Authority of Ireland on behalf of grant applicants with a view to requesting information and application updates. [23527/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Sustainable Energy Authority of Ireland (SEAI) administers Better Energy: Warmer Homes on behalf of my Department. Queries in relation to individual applications are an operational matter for the SEAI and dedicated hot lines for both schemes are available (Better Energy: Warmer Homes hot line — 1800 250 204 and Better Energy: Homes hot line — 1850 927 000). All queries, from scheme applicants and public representatives, on delivery dates for individual households and/or funding agreements are dealt with immediately. The SEAI is planning an information day for all members of the Oireachtas in early October. Representatives from the Authority will be on hand to explain the current range of schemes and programmes being managed by them on behalf of my Department and to answer any queries that members may have. Details of the date, time and venue will be notified to members as soon as the arrangements are confirmed.

Tourism Development 492. Deputy Nicky McFadden asked the Minister for Communications, Energy and Natural Resources if he will examine the possibility of developing the transmitting centre at Moydrum, Athlone, County Westmeath, which houses an original Marconi transmitter from 1932, into a technological and communication tourist location; and if he will make a statement on the matter. [23528/11]

316 Questions— 14 September 2011. Written Answers

Job Protection 493. Deputy Nicky McFadden asked the Minister for Communications, Energy and Natural Resources his views regarding jobs at the Eircom call centre in Athlone; if consolidation plans are being made for Athlone call centre; and if he will make a statement on the matter. [23543/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Programme for Government has job creation and retention at its core. The Government is committed to having the right policies in place that will support and grow our enterprise base in order to facilitate both job creation and job retention. I have emphasised to the telecoms network owners that I wish to see them deliver the required underlying infrastructure to sustain current employment and to generate employment growth. I do not however have any statutory authority to direct private companies, such as eircom, to invest in particular regions or to retain or allocate employment posts in particular areas.

Grant Payments 494. Deputy Pearse Doherty asked the Minister for Communications, Energy and Natural Resources the reason a person (details supplied) in County Donegal was refused cavity wall insulation on the grounds that in 2009 they had attic insulation works done under the warmer homes scheme. [23545/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Better Energy: Warmer Homes delivers a range of energy efficiency measures to households that are vulnerable to energy poverty. The scheme is managed by the Sustainable Energy Authority of Ireland (SEAI) and delivered through a range of Community Based Organisations (CBOs), augmented by a panel of private contractors. Due to the mixed delivery model and variations across CBOs, the number of measures available to particular homes can vary from region to region. At all times the scheme works to maximise the number of vulnerable homes to receive support, particularly when working from a limited budget envelope. The focus of our efforts therefore is to prioritise homes that have not received any measures, thereby maximising the number of vulnerable homes that will receive some form of assistance. Within this context SEAI believes that best impact for homeowners and value for public funds can be achieved by limiting interventions to single visits per home. As the applicant referred to by the Deputy had already received a package in 2009, which included all the measures that the CBO was in a position to deliver at that time, it was not deemed appropriate to undertake a second package.

Departmental Schemes 495. Deputy John McGuinness asked the Minister for Communications, Energy and Natural Resources if he will respond to the issues raised by persons (details supplied) in County Kilkenny outlined in correspondence to his Department on 22 December 2010; the number of applications received under the biofuels obligation scheme; the cost of the scheme to date; if a compensation scheme is now needed to assist those who invested in biofuel schemes with the assistance of the Department and now find their business not viable due to rule changes introduced by his Department; and if he will make a statement on the matter. [23578/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The issues raised in this case at the end of 2010 were responded to directly by way of letter to the company concerned. The Biofuel Obligation Scheme was enacted and introduced in July 2010

317 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] in order to help deliver on the mandatory EU target of 10% renewable energy in transport by 2020. Since the scheme was introduced, 16 companies have applied for certificates under the scheme. In 2010, over the first six months of operation, certificates were awarded for 92,516,069 litres of biofuel placed on the market. This represents a very significant increase in the amount of biofuels being used in the Irish market. The Scheme requires large suppliers of road transport fuels to include a certain percentage of biofuel, across their general fuel mix, and works on the basis of tradable certificates. Cur- rently the obligation is for 4% of overall transport fuels to be biofuel, but this obligation will increase over time and by 2020, suppliers will be required to include 10.5% biofuel in their fuel mix. Suppliers can meet their obligation either by placing the biofuel on the market themselves, or by purchasing certificates from companies that sell higher blend biofuels to market. The scheme is not exchequer funded. Before the Biofuel Obligation Scheme, the use of biofuels in Ireland was incentivised under the Mineral Oil Tax Relief (MOTR) schemes. Excise relief under MOTR was granted only to a limited number of companies under terms set out in the Finance Act 2006. These terms specifically included volume limits, and a clearly stated end date for the relief of 31 December 2010. The Government’s Bioenergy Action Plan, published in 2007 explicitly stated that a national Biofuels Obligation would replace MOTR as those schemes came to a close. The issue of a compensation scheme does not therefore arise.

Telecommunications Services 496. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the progress made to date in both updating and maintaining national broadband services, particularly in the area of Maynooth, County Kildare; and if he will make a statement on the matter. [23685/11]

512. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the means by which it is expected that broadband requirements of the most modern quality are met in full in areas throughout the country over a specific period; and if he will make a statement on the matter. [24208/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I propose to take Questions Nos. 496 and 512 together. The EU’s Digital Agenda for Europe sets challenging targets for all member states in terms of incrementally increasing the penetration levels of broadband roll-out and subscriber take- up between 2013 and 2020. The first of those milestones is scheduled for 2013 when all Member States are obliged to have a basic broadband service available to all subscribers. I am happy to report that between the significant private sector investments that has taken place and the targeted Government intervention aimed at addressing market failure, such as the National Broadband Scheme and the Rural Broadband Scheme, Ireland will be in a position to meet this first milestone in advance of 2013, including the areas in County Kildare mentioned in the Deputy’s Question. Under the NewERA proposals in the Programme for Government, there is a commitment to co-invest with the private sector and commercial Semi State sector to provide Next Generation Broadband customer access to every home and business in the State. The recently-established Next Generation Broadband Taskforce has an important role, in this regard. The Taskforce met earlier this week and is scheduled to complete its work in December next. I expect that it

318 Questions— 14 September 2011. Written Answers will help to identify the optimal policy to deliver wider customer access to high-speed broadband generally and thereby assist in delivering on the commitment in the Programme for Government.

497. Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources if he will give details of the use of a communications system in areas (details supplied).; and if he will make a statement on the matter. [23758/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The electronic communications market is, and has been since its liberalisation, a commercial competitive market. Thus, the provision of electronic communications services, including broadband, is a matter for those private sector service providers, regulated by the independent regulator, the Commission for Communications Regulation (ComReg). The Government only intervenes in cases of market failure. I understand that various private sector service providers have infrastructure in the Portlaoise and Athy areas. Additionally, a Government owned Metropolitan Area Network (MAN) was built in Portlaoise under Phase I of the Metropolitan Area Networks programme and is fully operational. The MANs are fibre optic networks mainly built in a ring formation around towns with populations above 1,500 persons. The MANs are a “middle mile” solution meaning that they fit between the local access delivered in towns by services providers and national backhaul networks (owned mainly by ESB Telecoms, BT, eircom and others) which carry the traffic from the MANs to the central points of international connectivity in the country. The MANs are operated on a wholesale carrier neutral and open access basis meaning that any service provider can use the network without having to privately invest and replicate network footprints throughout the country. The MANs are managed, operated and maintained by e|net on behalf of the State.

Energy Conservation 498. Deputy Richard Boyd Barrett asked the Minister for Communications, Energy and Natural Resources if he will consider establishing a home retrofit loan scheme with a view to creating a major source of employment and substantially reducing energy costs and C02 emissions; and if he will make a statement on the matter. [21134/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Programme for Government provides a commitment to roll out a Pay-As-You-Save (PAYS) retrofit scheme after 2013. This is anticipated to replace the existing grant supports in this area, for which the 2011 capital allocation is €91.4m. To date under Better Energy: Homes, efficiency upgrades have been completed in 33,559 homes this year and over 96,000 homes since the programme commenced in 2009. In total, the estimated energy savings achieved are 529 GWh or €33.14 million. PAYS is an innovative financing mechanism that will allow consumers to finance upgrades directly through the energy savings generated. My Department has convened a project team to undertake preliminary analysis of what a PAYS model could look like with a view to submitting an initial report to me in October. I expect to be in a position to bring proposals to Government soon after.

499. Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources his proposals, in conjunction with his Government colleagues, to reduce the cost of energy to businesses here. [21069/11]

319 Questions— 14 September 2011. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There are a number of significant programmes in place to improve Energy Efficiency for businesses and thereby help reduce energy costs. The National Energy Efficiency Action Plan (NEEAP) sets out 90 actions which are already underway, or will be taken in the period to 2020, to achieve the national energy efficiency target. The Government has set a target of 20% across all areas of the economy, including the business sector. The savings identified in the Action Plan represent approximately €1.6 billion in avoided energy costs for the economy in 2020. The SEAI Energy in Business Programme supports efforts by business to improve energy efficiency and competitiveness through structured energy management now involves the 150 largest business energy users and 2,000 small businesses. In 2010, large companies involved in the Energy in Business Programme identified savings of 600 GWh worth approximately €17 million while SMEs saved 130 GWh, worth €7 million. The Large Industry Energy Network (LIEN) is a networking and information programme for 150 of the largest energy users. Energy spend across the LIEN is approximately €900 million and accounts for approximately 70% of industrial energy usage and for more than 10% of national primary energy usage. LIEN members share information on energy-saving technologies and techniques to maximise savings and maintain competitiveness. The Energy Agreements Programme supports large industry to implement an energy-management system through the EN 16001 standard. Under Better Energy: Workplaces, €11.5 million was made available for implementing a wide range of qualifying sustainable energy upgrading projects in the public, commercial, industrial and community sectors, which serve as exemplar projects for the public sector and for business. Such projects may comprise individual or packaged measures aimed at achieving lasting savings in energy usage for thermal, electrical or transport purposes. The main focus of the support will be on achieving delivery in 2011 of sustainable energy (mainly energy efficiency) investment projects of differing sizes and complexities. Similar projects in 2009 and 2010 had a spend of €5.9 million and €7.8 million respectively, with annual savings of 63GWh

Telecommunications Services 500. Deputy Catherine Murphy asked the Minister for Communications, Energy and Natural Resources if advice has been issued by him in the past regarding the location of telecommunications masts in the vicinity of schools or residential areas; if so, the nature of that advice; and if he will make a statement on the matter. [23976/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): All issues relating to the physical siting of telecommunication masts are a matter for my colleague the Minister for the Environment, Community and Local Government, and the Local Auth- orities and are the subject of the relevant planning legislation. I have not issued advice in regard to such planning matters, although the question of planning for telecommunications infrastructure generally is being discussed as part of the work of the Next Generation Broad- band Task Force. The Department of the Environment, Community and Local Government and the Local Authorities are participating in these discussions and the work of the Task Force is to conclude later this year.

Energy Resources 501. Deputy Richard Boyd Barrett asked the Minister for Communications, Energy and Natural Resources if the CER consultation paper on high level design of the petroleum safety

320 Questions— 14 September 2011. Written Answers framework CER/11/137, is aimed at creating a safety framework exclusively for the existing petroleum industry, both onshore and offshore; and if it is not, the reason it does not cover unconventional methods such as hydraulic fracturing; and if he will make a statement on the matter. [23979/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Petroleum (Exploration and Extraction) Safety Act 2010 confers statutory responsibility for the safety of petroleum exploration and production on the Commission for Energy Regulation (CER). Petroleum is defined for this purpose to include both oil and gas. CER is currently developing the associated safety framework. The 2010 Act extends the CER’s safety remit to all upstream, or unprocessed gas and oil undertakings.

502. Deputy Richard Boyd Barrett asked the Minister for Communications, Energy and Natural Resources in view of the recent granting of licensing options in the northwest carboniferous basin, in which local persons have developed concerns that consequent production may involve hydraulic fracturing if these companies are granted petroleum leases in the future, will he permit hydraulic fracturing in these regions; and in view of the fact that a company (details supplied) has submitted an application for the Dowra gas find in the onshore north west carboniferous basin, the area in which the company intends to drill for this gas; the location at which this gas will be refined; and if he will make a statement on the matter. [23980/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Earlier this year, my Department granted an onshore Licensing Option to Tamboran Resources PTY Ltd over parts of Cavan Leitrim and Sligo. The Licensing Option is for a two year period from March 2011 to end February 2013. This Licensing Option is designed to allow the company to assess the natural gas potential of the acreage, largely based on desktop studies of existing seismic and well data. The company will also undertake a preliminary environmental baseline/impact assessment and engage with the local authorities and other statutory agencies as required. This work is largely office/desktop based and does not involve exploration drilling or hydraulic fracturing. By the end of the Option period in February 2013, the company will have to decide whether to apply for a follow-on exploration licence or relinquish their acreage. In the event that the company decides to apply for an exploration licence that proposes hydraulic fracturing, the application would have to be set out in detail and be supported by an environmental impact statement. My Department would then undertake a full assessment of the application, including an environmental impact assessment and public consultation. My Department would also consult with other relevant statutory authorities such as the EPA, NPWS, Local Authorities etc, in reaching any decision. However, at this stage in the Licensing Option, it is much too early to conclude whether or not this authorisation will proceed to the exploration licence stage let alone to anticipate a commercial discovery that would potentially lead to a petroleum production project.

503. Deputy Richard Boyd Barrett asked the Minister for Communications, Energy and Natural Resources the stage of the Bandon, Slyne Basin assessment; the quantity of oil the authorisation holder estimates there to be; and when he expects the authorisation holder to make a declaration of commerciality or relinquish the licence. [23981/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Fron- tier Exploration Licence 1/06 was awarded to Serica Energy (UK) Ltd in December 2006 for

321 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] a period of 15 years. The licence is situated in the Slyne Basin off the west coast and is divided into four phases of three, two, five and five years. Each phase of the licence is subject to a work programme to be agreed with my Department. A commitment to drill an exploration well is required to progress to the second phase of a frontier exploration licence. In 2009, during the first phase of the licence the company drilled an exploration well to test the Brandon gas prospect. Although no gas was found, the company encountered an oil accumulation. Further detailed evaluation is required in order to assess the extent of the discovery and to determine whether the accumulation can be progressed to commercial development. This work is continuing. Regarding relinquishment, the company must surrender 50% of the acreage held at the end of the second phase in November 2011 unless the third phase work programme includes a commitment to drill a second exploration well. The company will be required to surrender the licence at the end of the third phase unless a second exploration well has been commenced by that date.

504. Deputy Richard Boyd Barrett asked the Minister for Communications, Energy and Natural Resources in view of the fact that the oil at Hook Head, North Celtic Sea Basin was initially identified in 1971, the reason it is still under assessment; the volume of oil the company estimates there to be; at what stage is this assessment; and when does he expect the authorisation holder to make a declaration of commerciality or relinquish the licence. [23982/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Pet- roleum was identified in the Hook Head prospect in 1971 by Marathon. While this resulted in the granting of a petroleum lease, it did not lead to a development and the lease was relinquished in 1992. The acreage has been subject to further exploration authorisations on a number of occasions since then, none of which has resulted in a commercial discovery being made. The current authorisation over the area, a standard exploration licence, was granted in 2007 to a consortium with Providence Resources Plc as operator. This exploration licence is for a six year period from February 2007 to January 2013, divided into two phases of three years each. Under such a licence the holders are required to drill one exploration licence in the first phase of the licence. Since being granted the licence in 2007 the holders have drilled two wells and are at present planning a further appraisal well in the Hook Head prospect in order to complete their assessment of its potential. The licence holders relinquished 70% of the acreage initially held under the licence on entering phase two on 1 February 2010. The holders have until January 2013 to relinquish the licence or apply for a petroleum lease to produce petroleum, or a lease undertaking in order to be granted a petroleum lease.

Question No. 505 answered with Question No. 486.

Telecommunications Services 506. Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources the level of take up of the rural broadband scheme; if his attention has been drawn to the inadequacies in this scheme; if he will explain the way in which he intends to meet the EU target of 100% broadband internet coverage by 2013; and if he will make a statement on the matter. [24198/11]

322 Questions— 14 September 2011. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Rural Broadband Scheme closed for applications on the 29th July last. Some 4975 applications were submitted by that date and these are now being processed to ensure they comply with the Scheme’s eligibility criteria viz. that the applicant’s premises is located in a rural area which is not already covered by the National Broadband Scheme and that the applicant can not obtain a service from an existing commercial operator. I am unaware of the deficiencies in the service as referred to in the Deputy’s Question. The scheme’s technical specifications have yet to be finalised but will mirror what is available currently under the National Broadband Scheme. This is essentially a basic broadband service with contractually agreed speeds. Ireland is on target to meet the first of the EU’s Digital Agenda milestones of having a basic broadband service available to all areas by 2013, through a mix of private and public (NBS and RBS) interventions.

Exploration Licences 507. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number of gas, oil or other mineral exploration licences issued in each of the past five years to date; the number of locations at which exploration is currently taking place; the extent if any to which commercially viable results are indicated; and if he will make a statement on the matter. [24203/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The table hereunder set out the position in relation to the number of mineral prospecting licences and petroleum exploration licences granted in each of the past five years to date.

Licenses Granted during period 2007 — 20011

Year Prospecting Licences (Minerals) Petroleum Exploration Licences

2007 143 4 2008 91 3 2009 66 1 2010 93 0 2011 (to 13/9/11) 56 0

Petroleum exploration is ongoing at 16 locations mainly off the south and west coasts. There have been a number of discoveries of oil and gas in the Irish Offshore in recent years, however none of these has been declared commercial to date. The only petroleum discovery that has been declared commercial but has yet to be developed is the Corrib Gas Field. There is a total of five hundred and seventeen active mineral prospecting licences. Details of these licences can be found in the six-monthly report to the Oireachtas, which the Minister is obliged to lay before the House under the Minerals Development Acts, 1940 to 1999. These reports are available on the Department’s website. While no new commercially viable deposits of minerals have been discovered in recent years, there have been some encouraging results.

Energy Resources 508. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the progress made to date in the resolution of any outstanding issues affecting the production, storage and distribution of gas from the Corrib gas field; when he expects that the product will become available; and if he will make a statement on the matter. [24204/11] 323 Questions— 14 September 2011. Written Answers

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Con- struction of the Corrib Gas Terminal at Bellanaboy is substantially completed, as are the subsea facilities at the Corrib Gas Field. The 83km offshore section of the Corrib gas pipeline has also been installed Following the granting of a number of statutory consents earlier this year for the construction of the onshore section of the pipeline along a revised route, work on this final element of the development has now commenced. It is estimated that construction of the onshore section of the pipeline, including the construction of a 5km tunnel, will take in the region of two years.

Energy Prices 509. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which an evaluation has been carried out into the possible negative impact of gas and electricity prices to the consumer, domestic or commercial, in the near future with particular reference to impeding competitiveness resulting in job losses; and if he will make a statement on the matter. [24205/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I have no statutory function in the setting of energy prices, whether in the regulated or non-regulated market. Responsibility for the regulation of the electricity and gas markets is a matter for the Commission for Energy Regulation (CER) which is an independent statutory body. Ireland’s electricity and gas markets, both wholesale and retail, are characterised by vigorous competition regulated by the CER. Prices in the retail electricity market are now fully deregulated. From 1 October next, gas residential consumers are the only segment of the electricity and gas markets where prices are regulated. Prices in the electricity market and unregulated part of the gas market are wholly a commercial and operational matter for the suppliers. The recent CER decision to approve a 21.7% increase in the Bord Gáis tariff from 1st October is the first price increase for BGE’s residential gas customers since September 2008. It follows three successive price cuts approved by CER. There have also been recent announcements by suppliers of electricity price increases. The driving factor in these increases are gas price trends over the past year which look like continuing into the future. Looking forward, wholesale gas prices for the coming winter are more than 30% higher than for last winter. Ireland is a price taker in the global fossil fuel market and the economy is therefore vulnerable to energy price fluctuations and price rises. Suppliers in neighbouring markets are also subject to similar pressures and price increases. Last May, Phoenix Gas in Northern Ireland announced an increase of 39% in domestic and small business tariffs. The ‘Big Six’ gas suppliers in Britain have all increased domestic tariffs by 17% to 18% and this follows increases some months earlier. The Government is committed to competition as a way of exerting downward pressure on prices. Competition is achieving competitive pressure on suppliers. It stimulates them to offer better deals and discounts. Business and domestic customers can therefore increasingly avail of the competitive offerings from electricity and gas supply companies active in the retail end of the market. The first step that customers should take to reduce their energy costs is to work actively in securing better value offers in the market and in switching to suppliers delivering lower prices. Actions taken over the last two years have improved Ireland’s competitiveness in the gas and electricity sectors in the two years to end 2010 when compared with other European countries.

324 Questions— 14 September 2011. Written Answers

Analysis by the Sustainable Energy Authority of Ireland (SEAI) of Eurostat data for the second half of 2010 shows that for large business customers of electricity Irish prices were between 91-93% of the Eurozone average for the last six months of 2010 while prices for small to medium business customers ranged from 4% below to 6% above Eurozone averages depending on the category. Gas tariffs remain competitive with business tariffs at 83-90% of the Eurozone average. Increased competition has clearly had an impact. In addition, we must focus on all possible additional actions to mitigate costs where possible for business and domestic customers. This is essential for competitiveness, employment and for economic recovery. I am committed to working with enterprise and with the energy sector to ensure that the costs of energy for business are as competitive as possible through those measures at our disposal. I would also urge all businesses of whatever size to place a relentless focus on energy efficiency. The SEAI is available to provide advice and, subject to available resources, financial assistance in this respect. In addition, there is now extensive tax relief available to businesses for energy efficiency measures.

Energy Resources 510. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the number of positive indicators arising from mining exploration on and offshore in the past year; and if he will make a statement on the matter. [24206/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): No new economic deposits of non-petroleum minerals have been discovered in the past twelve months from either on or offshore mining exploration. There have, however, been some encouraging results detailed in recent media releases by a number of companies engaged in exploration but it is too early to determine whether these results will lead to identification of commercially viable deposits. While these are to be welcomed, my Department does not comment on such reports.

Telecommunications Services 511. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which comparison have been made between broadband and general telecommunications facilities, qualities and standards here with these available in other jurisdictions within the EU; the location at which the best facilities now exist; the means by which that was achieved; the degree to which this can be emulated in this jurisdiction over a specific period; and if he will make a statement on the matter. [24207/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Inter- national comparisons of retail broadband services are conducted periodically. The ComReg statistical report for end 2010, for example, noted the latest OECD broadband data up to June 2010 ranked Ireland 13th of 19 EU states surveyed for fixed line broadband penetration per 100 inhabitants and 3rd of 18 EU states surveyed for wireless broadband penetration per 100 inhabitants. A wider report on broadband services in 72 countries published in 2010 by the University of Oxford and the University of Oviedo, Spain, concluded that the broadband services currently available in Ireland are capable of meeting the requirements of today’s broadband applications and overall, in terms of broadband quality and penetration, ranks Ireland 13th of the 72 countries studied.

325 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.]

I should point out that international comparisons must be viewed in context and can present challenges. Issues such as advertised versus actual speeds, geographic spread of services, topography, population density, and the number of people per household must all be taken into account when making comparisons between different jurisdictions. Ireland will however meet the EU target of having a basic broadband service available to all citizens by 2013. The challenge now is to accelerate the roll out of high speed broadband. Under the NewERA proposals in the Programme for Government, there is a commitment to co-invest with the private sector and commercial Semi State sector to provide Next Generation Broadband customer access to every home and business in the State. The Next Generation Broadband Taskforce has an important role, in this regard. In June of this year I convened the Taskforce which I chair and which also comprises the Minister of State with responsibility for NewERA, Fergus O’Dowd, T.D., the CEOs of all of the major telecommunications companies currently operating in the Irish market, and CEOs of some Internet Service Provider companies. The purpose of the Taskforce, which will conclude its deliberations by the end of this year, is to discuss the optimal policy environment required to facilitate the provision of high speed broadband across Ireland.

Question No. 512 answered with Question No. 496.

513. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which the regulator has been charged with responsibility or is otherwise required to monitor the quality, speed and availability of broadband and mobile telephony services in order to ensure that the standard here is at least up to that available in other jurisdictions throughout Europe; and if he will make a statement on the matter. [24209/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The electronic communications market in Ireland has been fully liberalised since 1999 and, since then, has seen the steady growth and development of well-regulated competition in the provision of the full range of electronic communications products and services. Regulation of the provision of electronic communications services within the liberalised market is governed by the EU Regulatory Framework for Electronic Communications which was transposed into law in Ireland by the Communications Regulation Act 2002, as amended. The applicable EU rules limit the regulation of electronic communications services, in the main, to the provision of electronic communications services by fixed line telephone, fax and dial-up internet access under a universal service obligation (USO) to ensure these basic electronic communications services are available to all EU residents. The EU Commission is currently engaged in a consultation process with a view to increasing the quality of electronic communications services covered by the USO. It is also important to note that a key element of the consumer strategy of the Commission for Communications Regulation (ComReg) is to monitor developments in the marketplace and understand consumers’ requirements through a number of channels including (i) their dedicated Consumer telephone line; (ii) their award winning websites; (iii) the conduct of consumer and business surveys and their Consumer Advisory Panel. These processes enable ComReg to identify and respond to trends that impact on those using electronic communication services, including broadband and mobile telephony. Additionally, in accordance with the Programme for Government, ComReg has been liaising with industry with a view to introducing an appropriate regime to ensure that advertised broadband speeds are actually delivered to end users.

326 Questions— 14 September 2011. Written Answers

Energy Resources 514. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which oil, gas or other minerals have been discovered in the past 12 months on foot of licences issued over a particular period; and if he will make a statement on the matter. [24210/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): There have been no new commercial discoveries of oil and gas, or discoveries of new economic deposits of non-petroleum minerals within the jurisdiction of the Irish State in the past twelve months.

Telecommunications Services 515. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources his preferred options for the development of the telecommunications sector in the future with particular reference to the need for investment in infrastructure; and if he will make a statement on the matter. [24211/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Under the NewERA proposals in the Programme for Government, there is a commitment to co-invest with the private sector and commercial Semi State sector to provide Next Generation Broad- band customer access to every home and business in the State. The Next Generation Broad- band Taskforce has an important role, in this regard. In June of this year I convened the Taskforce which I chair and which also comprises the Minister of State with responsibility for NewERA, Fergus O’Dowd, T.D., the CEOs of all of the major telecommunications companies currently operating in the Irish market and CEOs of some Internet Service Provider companies. The purpose of the Taskforce is to discuss the optimal policy environment required to facilitate the provision of high speed broadband across Ireland. The Taskforce, and four Working Groups reporting to it, are considering issues such as appropriate targets, private sector investment plans, and the role of Government in driving and facilitating investment. The Taskforce met earlier this week and will meet again in December. In the interim, the four working groups will continue their work. I expect that the Taskforce will help to identify the optimal policy to deliver wider customer access to high-speed broadband generally and thereby assist in delivering on the commitment in the Programme for Government.

Information and Communications Technology 516. Deputy Bernard J. Durkan asked the Minister for Communications, Energy and Natural Resources the extent to which he sees cloud computing become of major commercial impact; and if he will make a statement on the matter. [24212/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): Cloud computing has the potential to revolutionise the IT investment model in Ireland and elsewhere. It allows companies to use the internet to efficiently access vast amounts of computing resources that would otherwise be beyond their reach. A recent report undertaken by A&L Goodbody and commissioned by Microsoft has suggested that Cloud Computing sales by Irish firms could be worth €9.5 billion per annum by 2014 and provide for 8,600 jobs as business migrates to the Cloud. The Programme for Government commits to a range of initiatives aimed at making Ireland a leader in the emerging I.T. market of cloud computing. My colleague, the Minister for Jobs,

327 Questions— 14 September 2011. Written Answers

[Deputy Pat Rabbitte.] Enterprise and Innovation, Richard Bruton, T.D., has established a group to implement this commitment on Cloud Computing. The group, on which my Department is represented, has been tasked with addressing all aspects of cloud computing, including expenditure, IT, procurement, security, infrastructure, and industrial strategy. I understand that the group will complete its work before the end of the year.

Environmental Policy 517. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural Resources the progress made to date on the implementation of recommendations in the Forfás Report of the high level group on green enterprise; the steps being taken to implement the recommendation on grid connection; and if he will make a statement on the matter. [24228/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): The Report of the High level Group on Green Enterprise was launched in December 2009. The Report made 55 recommendations to develop the Green Economy in Ireland. The Minister for Jobs, Enterprise and Innovation, Mr. Richard Bruton TD, has responsibility for monitoring progress on the recommendations. However, I understand from his Department that 38 of the 55 recommendations (69%) of the High Level Group’s Report have been addressed to a greater or lesser extent. Key recommendations which are being implemented include investment in the electricity grid, the rolling out of brown bins to households and businesses, funding to reduce water leakages, introduction of electric cars, and a range of demonstration projects being actively supported by the Sustainable Energy Authority of Ireland. The progress made with respect to the recommendations, including the three recommendations in relation to the grid was set out in a Progress Report published in March and which is available at: http://www.djei.ie/publications/trade/2011/Progressreportongreenenterprise.pdf and http://www.forfas.ie/media/forfas-110318-green—enterprise.pdf. Since the report the progress made with respect to the recommendations relating to my Department have included: The Electric Vehicle grant scheme which was opened in April 2011 to assist in the purchase of electric vehicles. Those purchasing a full battery electric vehicle (BEV) or plug in hybrid electric vehicles (PHEV) will be grant aided by up to €5,000, depending on the price of the vehicle. These grants are in addition to the VRT reliefs of up to €5,000 which apply to BEVs and the VRT reliefs of up to €2,500 for PHEVs. In addition, 57 public charge points including 6 fast charge points are currently operational throughout the State. The ESB plans to have 66 more charge points operational over the next two months The development of smart metering is progressing to schedule and phase 1 of the programme will conclude this year. The CER proposes to consult in the coming months on the high-level regulatory design and implementation approach for a national smart metering rollout. Regarding the recommendation to support the farming community to produce and sell green energy, officials from my Department and the Department of Agriculture Food and Forestry and the SEAI are engaging in progressing the recommended pilot forum on renewable energy for the farming community.

Departmental Agencies 518. Deputy Denis Naughten asked the Minister for Communications, Energy and Natural

328 Questions— 14 September 2011. Written Answers

Resources the number of staff and respective budget of each regulator under his responsibility; and if he will make a statement on the matter. [24229/11]

Minister for Communications, Energy and Natural Resources (Deputy Pat Rabbitte): I have set out in the table the number of staff for each of the regulatory bodies under the aegis of my Department as at the end of Quarter 2 2011.

Regulator Staff (Whole Time Equivalents)

Broadcasting Authority of Ireland (BAI) 33 Commission for Communications Regulation (ComReg) 122 Commission for Energy Regulation (CER) 62

In relation to the budgets for these organisations, I can advise the Deputy that they do not receive Exchequer funding. In accordance with Section 37(1) of the Broadcasting Act 2009, BAI are required to submit estimates of income and expenditure to my Department in respect of the next 3 financial years. The figures received in regard to 2011 are as follows:

€

Income estimate 6,054,766

Expenditure estimate 6,373,203

Estimated deficit —318,437

In respect of ComReg and CER, both bodies are statutorily independent of my Department and are funded by industry levies. Both bodies publish annual accounts in their annual report. I can advise the Deputy that in the case of ComReg expenditure was €22.84M up to year ending 30 June 2010. I can further advise that in the case of CER the latest published annual report is up to end 2009 and expenditure in that year was €10.43M. The 2010 CER Annual report is soon to be submitted to Government. Full accounts are available in both annual reports and these documents are available in the Library of the Houses of the Oireachtas. In order to assist the Deputy I have organised for the latest available annual reports for both bodies to be sent to him directly.

Waste Disposal 519. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the reason he sponsored a motion before the Houses of the Oireachtas on 12 July 2011, which was approved, for the introduction of a levy on the incineration of waste when on that same day amendments were made by the Minister for the Environment, Com- munity and Local Government on Committee Stage of the Environment (Miscellaneous Provisions) Bill 2011 to eliminate such a levy from the legislation and it was announced that no such levy will be imposed; and if he will make a statement on the matter. [22670/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Under Dáil standing orders a Financial Resolution is required where a Bill involves a charge or tax on the people. The Environment (Miscellaneous Provisions) Bill 2011 required a Financial Resolution because, as published, it involved a new charge, or tax, on the people. Had the 329 Questions— 14 September 2011. Written Answers

[Deputy Phil Hogan.] amendment to remove the levy in question not been agreed, the subsequent Act would have involved the new charge on waste facilities.

Local Authority Charges 520. Deputy Alan Farrell asked the Minister for the Environment, Community and Local Government the total revenue generated on a year by year basis from the non-principal private residence charge on a county basis; and if he will make a statement on the matter. [22934/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The amount collected by city/county councils by 13 September, 2011 is set out in the following table:

Local Authority 2009 2010 2011

Dublin City Council €12,720,120 €12,429,820 €11,378,260 Cork County Council €5,741,700 €5,589,840 €5,008,380 Fingal County Council €3,513,180 €3,396,900 €2,888,960 Donegal County Council €3,250,960 €3,222,500 €2,874,700 Kerry County Council €3,135,860 €3,071,420 €2,868,340 Dun Laoghaire Rathdown €3,056,320 €2,990,360 €2,688,820 County Council Wexford County Council €2,691,040 €2,617,040 €2,451,220 Cork City Council €2,590,680 €2,596,240 €2,354,920 South Dublin County €2,481,840 €2,386,180 €2,112,440 Council Galway City Council €2,377,140 €2,342,060 €2,070,020 Mayo County Council €2,272,780 €2,204,260 €1,871,240 Kildare County Council €2,138,260 €2,112,340 €1,952,980 Galway County Council €2,147,060 €2,103,820 €1,872,000 Clare County Council €2,161,720 €2,043,220 €1,869,260 Limerick County Council €1,484,660 €1,455,200 €1,342,180 Meath County Council €1,445,500 €1,445,240 €1,336,600 Wicklow County Council €1,500,440 €1,458,900 €1,249,940 Limerick City Council €1,331,980 €1,290,240 €1,128,140 Louth County Council €1,260,000 €1,229,980 €1,120,220 Westmeath County €1,208,200 €1,195,340 €1,130,520 Council Sligo County Council €1,213,060 €1,216,160 €1,125,740 South Tipperary County €1,001,600 €968,100 €863,760 Council Waterford City Council €970,540 €941,400 €827,940 Kilkenny County Council €928,260 €917,020 €848,260 Waterford County Council €934,400 €917,960 €845,300 Cavan County Council €862,380 €850,080 €800,480 Roscommon County €862,980 €837,580 €776,920 Council North Tipperary County €745,480 €751,540 €686,300 Council Laois County Council €678,580 €660,120 €612,960 Carlow County Council €673,780 €669,720 €589,020 Offaly County Council €658,060 €637,800 €587,580 Leitrim County Council €650,120 €629,620 €592,240

330 Questions— 14 September 2011. Written Answers

Local Authority 2009 2010 2011

Longford County Council €598,600 €577,520 €513,760 Monaghan County Council €523,000 €520,880 €474,140

Total: €69,810,280 €68,276,400 €61,713,540

Motor Taxation 521. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government his plans to amend the motor taxation rates in order that the rate is based on the actual emissions from a car rather than the original manufacturer’s figures to take account of cases when persons have converted petrol or diesel engines in vehicles to run on liquid petroleum gas; and if he will make a statement on the matter. [23082/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan):

For cars registered from 2008 onwards motor tax is based on the CO2 emissions level of the car. The CO2 rating, which is based on the car’s Certificate of Conformity, under EU type approval law, is captured initially by the Revenue Commissioners at vehicle registration tax stage and then passed on to the national vehicle file for use in connection with the administration of the motor tax system. The motor tax and vehicle registration tax systems have a uniform approach to the CO2 emission level and the level established at vehicle registration stage remains for the lifetime of the vehicle. There are no measures in place to revisit the CO2 level of a vehicle and I have no plans to amend the system in this context.

Local Authority Staff 522. Deputy Patrick O’Donovan asked the Minister for the Environment, Community and Local Government his plans to offer a voluntary redundancy scheme to employees of local authorities. [23271/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I have no plans for the introduction of voluntary redundancy a scheme in the local authority sector. Any such scheme would require prior approval from the Minister for Public Expenditure and Reform.

Services for People with Disabilities 523. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the housing options available to persons with a mental illness. [23611/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): It is open to any person or household to apply to a housing authority for an assessment of their housing need. Each application will be considered by the relevant housing authority to determine whether an applicant for social housing support is eligible for and in need of that support having regard to the particular circumstances of the case. When considering an application for social housing, an authority may have regard to whether the household’s current accommodation is unsuitable by reason of a mental health disability or for other medical or compassionate reasons. Once a household has been accepted as being eligible for and in need of social housing support, particular priority may be available within authorities’ allocation schemes to persons or households with special needs, including mental health issues. Apart from mainstream housing available from housing authorities, the Irish Council for Social Housing, which represents 331 Questions— 14 September 2011. Written Answers

[Deputy Willie Penrose.] bodies involved with voluntary housing may be able to advise on the names of voluntary bodies which specifically provide housing for people with mental health issues in various parts of the country. The National Housing Strategy for People with a Disability is the new Government strategy to address the housing needs of people with a disability over the period 2011-2016 and it sets out a framework for the delivery of housing for people with disabilities through mainstream housing policy. The strategy has a specific focus on meeting the housing needs of people with a mental health disability. This encompasses commitments in relation to moving people with low and medium support needs, from HSE mental health facilities to more appropriate community based housing, in line with the objectives of the Government’s mental health policy, A Vision for Change. The strategy has been approved by Government and is expected to be published by the end of September.

Tax Code 524. Deputy Eoghan Murphy asked the Minister for the Environment, Community and Local Government if he will indicate the criteria that will be used to determine the amount of property tax to be paid when the measure comes into effect. [23715/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I presume the Question refers to the household charge. The EU/IMF Programme of Financial Support for Ireland commits the Government to the introduction of a property tax for 2012. The Programme reflects the need, in the context of the State’s overall financial position, to put the funding of locally delivered services on a sound financial footing, improve accountability and better align the cost of providing services with the demand for such services. In light of the complex issues involved, a property tax, requiring a comprehensive property valuation system, would take time to introduce and accordingly, to meet the requirements in the EU/IMF Programme, the Government has decided to introduce a household charge in 2012. The household charge is an interim measure and proposals for a full property tax will be considered by the Government in due course. The charge will be set at €100 and will apply to the majority of the households in the country, subject to a limited number of exemptions and waivers. It is expected to raise some €160 million and it is the intention that the revenues from the charge will support the provision of local services. Internationally, local services are administered by local authorities and financed by local service charges. In Ireland, local authorities are responsible for, among other services, fire and emergency services, maintenance and cleaning of streets, street lighting, public parks, waste services, libraries, open spaces and leisure facilities, etc. Legislation to underpin the household charge will be brought before the Oireachtas shortly.

Local Authority Housing 525. Deputy Willie O’Dea asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that the annual home energy grant, payable through local authorities, can be spent in a local authority house that has been vacated due to a transfer or death of a tenant; and his plans to extend this scheme to existing tenants. [23780/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Under my Department’s Social Housing Improvement Programme, funding of up to 90% of the approved cost is provided to Housing Authorities to undertake

332 Questions— 14 September 2011. Written Answers improvement works to occupied and vacant social housing units, including works to improve the energy efficiency and general standard of the houses concerned. Some €31 million is being made available for this purpose in 2011. My Department requested local authorities specifically to target vacant dwellings in 2011 with the objective of returning the maximum number of vacant units to productive use at reasonable cost. However, necessary improvement works to occupied houses will continue to be eligible for funding from within the allocations notified to individual authorities.

Placename Regulations 526. Deputy Jack Wall asked the Minister for the Environment, Community and Local Government his views regarding a submission (details supplied); his plans to address same; and if he will make a statement on the matter. [22652/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Section 48 of the Environment (Miscellaneous Provisions) Act 2011 provides for the substitution of a new Part 18 of the Local Government Act 2001 revising and updating the procedures for the changing of placenames. Certain elements of section 48 relating specifically to Daingean ÚiChúis in County Kerry have been commenced. The remaining provisions, dealing with placename changes generally, will be commenced as soon as the necessary regulations setting out procedures for the holding of a ballot and other related matters have been finalised. Any proposal to change the name of a town under the new arrangements will, in the first instance, be a matter for the relevant local authority.

Local Authority Charges 527. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government his plans to review the current mechanism for setting commercial rates to bring in a more equitable system. [22685/11]

574. Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government if he will comment on the difficulty facing businesses in paying rates; if any changes to the way rates are calculated will be considered; and if he will make a statement on the matter. [23510/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 527 and 574 together. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Act 2001. The levying and collection of rates are matters for each individual local authority. The Annual Rate on Valua- tion (ARV), which is applied to the valuation of each property, determined by the Valuation Office, to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function of a local authority. The Commissioner of Valuation, who has sole responsibility for all valuation matters, is conducting a programme of revaluation of all commercial and industrial properties throughout the State on a county by county basis. The purpose of the revaluation process is to provide for more consistent and up-to-date valuations for rating purposes and to assist in making the rating system fairer and equitable for ratepayers. Following completion of the revaluation programme, there will be a much closer and uniform relationship between rental values of property and

333 Questions— 14 September 2011. Written Answers

[Deputy Phil Hogan.] their commercial rates liability and this relationship will thereafter be maintained by means of recurring revaluations provided for in the Valuation Act. The Commissioner of Valuation is actively reviewing options which might hold potential for accelerating the delivery of the revaluation programme to all rating authorities within a shorter timeframe. I recognise that these are difficult economic times for many businesses and I will continue to keep all matters relating to rates under regular consideration in my Department.

Voluntary Housing Schemes 528. Deputy James Bannon asked the Minister for the Environment, Community and Local Government the reason Respond Housing Association has delayed responding to persons (details supplied) with tenancy agreements; and if he will make a statement on the matter. [22704/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): My Department’s involvement with the voluntary and co-operative housing schemes relates primarily to the provision of funds for individual projects. The detailed administration of the schemes, and the certification that projects comply with the terms and conditions of the funding schemes, are the responsibility of the local authorities. Approved housing bodies are responsible for the proper management of dwellings provided under the terms of the funding schemes and this includes putting appropriate tenancy agreements in place between themselves and their tenants. The local authority has an overall responsibility to ensure that approved housing bodies comply with the requirements in relation to letting policy, including the requirement for prior consultation and agreement on letting policies for each new project.

Departmental Expenditure 529. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22723/11]

559. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government the amount his Department has spent on taxis for staff and for others in each of the past four years. [23297/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 529 and 559 together.

Year Expenditure

2008 €57,741 2009 €34,551 2010 €21,480 2011 (to end August) €12,933

My Department launched a Workplace Travel Plan in October 2008 to encourage greater use of sustainable transport options in the conduct of official business. The Plan aims to ensure that: 334 Questions— 14 September 2011. Written Answers

• use is made of public transport, to the greatest possible extent, in the course of official business; and • walking/cycling to meetings within reasonable distance is encouraged and taxis are used only where absolutely necessary. Accordingly, staff have been directed that taxis should only be hired where no suitable public transport is available or where the use of public transport would result in the loss of official time which it is necessary to avoid. The cost of hiring taxis is part of the overall administrative overhead of the Department. Expenditure is closely monitored and no specific budget for taxi costs is set. It is not possible to give a breakdown of the amount that was used by staff as distinct from non-staff personnel. However, the usage of taxis by non-staff members would be in very limited circumstances where business requirements made it demonstrably necessary to do so.

Local Authority Housing 530. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application by Mayo County Council for funding for a social housing scheme at Glenamoy in circumstances where planning permission has been granted; and if he will make a statement on the matter. [22817/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): My Department’s involvement with voluntary and co-operative housing schemes relates primarily to the provision of funds for individual projects. The detailed administration of the schemes, and the certification that projects comply with the terms and conditions of the funding schemes, are the responsibility of the relevant local authority. Mayo County Council submitted a proposal under my Department’s Capital Assistance Scheme (CAS) for a 10 unit scheme at Spadow, Glenamoy, to be undertaken by Glenamoy Housing Association. Projects are selected for funding approval on the basis of the priority afforded to individual proposals by the local authority. The Glenamoy project was not included in the work programme for 2010 primarily because it was not afforded a sufficiently high priority by Mayo County Council. Funding of €2.5 million is being provided to Mayo County Council this year to meet expenditure on CAS projects currently underway. Due to the current level of commitments and having regard to available funding, projects proposed under CAS will only be considered in the event of a new call for proposals. It will be a matter for Mayo County Council to prioritise projects locally having regard to the relative merit of any proposals received and the extent to which they meet housing need.

Planning Issues 531. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will ensure that farmers will not have to go through a long process of having to seek and obtain planning permission and also through the expense of carrying out an environmental impact assessment for land reclamation works, drainage works, ditch removals and so on as proposed by the EU Commission. [22824/11]

542. Deputy Michael McNamara asked the Minister for the Environment, Community and Local Government if field drainage for agriculture of fields subject to occasional flooding which have previously been periodically drained will remain an exempted development under the draft Planning and Development (Amendment) (No.2) Regulations Bill 2011; if so, if this will

335 Questions— 14 September 2011. Written Answers

[ Deputy Michael McNamara.] be clarified in the draft regulations; and if not, the reason such a draconian change is required to comply with the judgment in Case C-66/06, Commission v Ireland and having regard to the said judgment. [22989/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): I propose to take Questions Nos. 531 and 542 together. In Case C-66/06, the European Court of Justice (ECJ) found that Ireland’s system of screening projects to assess the requirement to carry out environmental impact assessment (EIA) for certain categories of agriculture development was over-reliant on size thresholds and did not take sufficient account of other relevant criteria such as the cumulative effects of development and the location of those developments. In June 2011, the Commission referred this case back to the Court to seek the imposition of both lump sum fines and daily fines for failure to act on the findings of the judgment and extensive consultations and action have been taken to minimise the risk of exposure to fines and to expedite resolution of the case. In response to the Court’s finding, my Department and the Department of Agriculture, Fisheries and Food have been working together, in consultation with the European Com- mission, fully to address the Court findings and ensure that Ireland’s legislative system and procedures are fully compliant with the Directive. It has been agreed that it is more efficient and appropriate to transfer responsibility for most of the activities covered by the judgment, such as the re-structuring of fields and removal of hedgerows and boundaries, the use of uncultivated land or semi-natural areas for intensive agriculture and normal field drainage works to the Department of Agriculture, as part of its wider management responsibilities for overseeing agricultural activities and integrating environmental considerations into relevant schemes. The only element of the judgment being retained within the planning system is on-farm development activity that impacts on the drainage or reclamation of wetlands, which are regarded as highly environmentally sensitive areas. Accordingly, following approval by the Oireachtas of the draft Regulations, I signed the Planning and Development (Amendment) (No. 2) Regulations 2011 on 8 September 2011, which introduce a number of amendments to address the ECJ findings in this case. The Regu- lations provide, inter alia , for the: • removal of certain categories of farm activities from the planning code as these are now regulated under the new Department of Agriculture system, • lowering of thresholds for both planning permission and for projects requiring mandatory EIA for farm developments that impact on the drainage and/or reclamation of wetlands, • introduction of enhanced screening processes for relevant sub-threshold development, particularly those that may impact on certain sites such as designated Natura 2000 areas, recorded monuments, natural heritage areas and other nature reserves, given their environmental and heritage sensitivities, and • abolition of any planning exemptions for relevant projects where an EIA is required. The Minister for Agriculture, Fisheries and Food has also signed, on 8 September, new Euro- pean Communities (Agricultural Environmental Impact Assessment) Regulations 2011 which provide for a new system of screening for environmental impact above certain thresholds for different types of agricultural activity, and the requirement for the Minister’s consent to be sought and mandatory EIA to be carried out on such projects at a higher threshold level.

336 Questions— 14 September 2011. Written Answers

Both Minister Coveney and I are satisfied that we have introduced appropriate and balanced reforms that meet our compliance requirement with the EU Directive and that facilitate reasonable activities by farmers in these areas, while also protecting our valuable environmental heritage.

Water Quality 532. Deputy Tony McLoughlin asked the Minister for the Environment, Community and Local Government the expected cost to farmers and householders with septic tanks, to comply with the directive relating to ground water quality; if he will clarify the guidelines and timescale of the requirements to comply with this directive on water quality. [22827/11]

581. Deputy Anthony Lawlor asked the Minister for the Environment, Community and Local Government the date on which legislation is likely to be introduced which will set performance standards for existing septic tanks and other on-site waste water treatment systems and the introduction of an inspection and monitoring system for such systems. [23616/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 532 and 581 together. On 29 October 2009, the European Court of Justice ruled against Ireland in relation to the treatment of wastewaters from septic tanks and other on-site wastewater treatment systems. The Court found that by failing to adopt the necessary legislation to comply with Articles 4 and 8 of the 1975 EU Waste Directive as regards domestic waste waters disposed of in the countryside through septic tanks and other individual waste water treatment systems, Ireland had failed to fulfil its obligations under that directive. My Department, together with the Office of the Attorney General, is finalising the preparation of a Bill to establish a system of inspection of septic tanks and other on-site systems. I expect to bring the Bill to Government in the coming weeks seeking approval for its publication. Full details on how the inspection system will operate will be announced at that time.

Community Development 533. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government the source of funding that is available for community services and community organisations which were previously funded by Pobal through national lottery and dormant account funds; if there are funding streams available for organisations (details supplied); and if he will make a statement on the matter. [22846/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Dormant Accounts Fund provides for consideration of applications received on foot of advertised measures; there are currently no measures open under the Dormant Accounts Fund from which community organisations could apply for funding. The Scheme to Support National Organisations in the Community and Voluntary Sector is funded through the National Lottery. This is a two and a half year funding Scheme which runs from July 2011 to December 2013. The organisation referred to in the question applied for funding under the current Scheme but following an objective and merit-based competitive process, it did not meet the qualifying mark for funding on this occasion.

Litter Pollution 534. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will reply to a matter (details supplied) regarding the introduction

337 Questions— 14 September 2011. Written Answers

[ Deputy Terence Flanagan.] of a refundable deposit on bottles and containers; and if he will make a statement on the matter. [22886/11]

539. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will comment on a matter (details supplied) regarding littering; and if he will make a statement on the matter. [22975/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 534 and 539 together. Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste (the Packaging Directive) classifies items such as bottles, drink cans and containers as packaging. Deposit and refund schemes on such items can reduce litter and contribute to the recovery rates for packaging waste. The Packaging Directive is based on the concept of producer responsibility, which effectively requires producers to contribute to the waste management costs of products which they have placed on the market. Under the Directive, the recovery rate of packaging waste required by Ireland in 2011 is 60%. Ireland had already achieved a rate of 70% in 2009. The material specific recycling targets for glass of 60% and for metals of 50% had also been achieved by Ireland in 2009 — the recycling rate for these materials being 76% and 50% respectively. Rather than being content with this level of performance, the Programme for Government contains a commitment to drive a waste reduction programme as part of a sustainable waste strategy. One of the possible elements of this waste reduction programme is a levy on packaging. I recently consulted with industry, other stakeholders and the public on a possible levy on packaging. This consultation closed on Friday 5 August 2011 and the submissions and comments received are currently being examined. Any decision regarding deposit and refund schemes will be taken as part of the overall response to dealing with the issue of packaging. More generally, I am determined to deal with the problem of litter and recently announced the following initiatives that will be taking place over the coming months: • Firstly, I am preparing a new national anti-litter campaign which will raise awareness of the costs and the consequences of littering. • Secondly, I will be bringing forward new legislation to ensure that the punishment fits the crime in all cases. • Thirdly, I will be making available €750,000 to local authorities for enforcement activities, such as CCTV monitoring, to ensure that those who commit the crime suffer the consequences. I will be considering a range of options, including those suggested in the questions, as part of the development of a new waste policy and responses to combat litter pollution.

Inland Waterways 535. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding farmers being prevented from removing gravel from rivers; and if he will make a statement on the matter. [22896/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): While works that could materially impact on rivers and river beds, such as the deepening or widening of the river bed, would require planning permission, other

338 Questions— 14 September 2011. Written Answers minor type works, such as the removal of accumulation of silt and debris (such as might accumulate after winter floods, for example) from a river and the restoration of the watercourse to its original condition would be classed as maintenance and would therefore not require permission. In an area protected under the Habitats Regulations 1997 or the Wildlife Acts, such works could be a notified activity and might therefore require the consent of the Minister for Arts, Heritage and the Gaeltacht. I also understand that Inland Fisheries Ireland have powers and duties under the Fisheries Acts in relation to the protection of fish spawn, which could be affected by the removal of gravel: this is a matter that comes under the remit of the Minister for Communications, Energy and Natural Resources.

Tax Code 536. Deputy Tom Hayes asked the Minister for the Environment, Community and Local Government if the new property tax will apply to second homes in view of the fact that there is already a payment being made to the local authority; and if he will make a statement on the matter. [22902/11]

537. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government the number of households in the Ballyfermot and Drimnagh LEAs, Dublin, that will be exempt form paying the new household charge. [22940/11]

548. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the household charge; and if he will make a statement on the matter. [23120/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 536, 537 and 548 together. It is intended that the household charge of €100 will apply, on a self assessment basis, from 2012 to owners of all residential property in the State, including those residential properties liable to the €200 charge on non-principal private residences, subject to a limited number of exemptions and waivers. Legislation to give effect to the household charge will be brought before the Oireachtas as soon as possible.

Water and Sewerage Schemes 538. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if he will investigate the delay in the Castlegregory reservoir project in County Kerry; the timeframe for the completion of the scheme; and if he will make a statement on the matter. [22972/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My Department has approved grants totalling just over €354,000 under the Small Schemes Measure of the Rural Water Programme towards works on the Castlegregory Water Supply. This funding is being made available as part of the special funding provided by my Department to allow for remedial works to public water supplies identified by the Environmental Protection Agency as having potential issues regarding the safety and security of the supplies. As responsibility for the administration of the Rural Water Programme is devolved to local authorities, information on the works already carried out and on the timeframe for completion of the remaining works on the scheme may be sought, in this case, from Kerry County Council. Question No. 539 answered with Question No. 534.

339 Questions— 14 September 2011. Written Answers

Building Regulations 540. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will respond to a matter (details supplied) regarding the Building Control Act 2005; and if he will make a statement on the matter. [22977/11]

550. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding the registration of architects as laid out under Part 3 of the Building Control Act 2007. [23205/11]

554. Deputy Willie O’Dea asked the Minister for the Environment, Community and Local Government his plans to provide a technical assessment for architects, similar to that already provided for the grandfather surveyors under the Building Control Act 2007. [23223/11]

572. Deputy Caoimhghín Ó Caoláin asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 255 of 14 May 2011, the position regarding his review of the fees charged for registration as an architect. [23460/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 540, 550, 554 and 572 together. I refer to the reply to Question No 58 of 24 March 2011 which comprehensively addressed the issues regarding the registration of the title of Architect. I have recently approved the schedule of fees applicable in respect of the registration of Architects in accordance with the Building Control Act 2007. The fee in relation to candidates who apply for registration under the Technical Assessment route has now been set at €4,500. This is a significant reduction on the figure originally proposed. I have no plans to amend the arrangements for the registration of Architects, as set down under Part 3 of the Building Control Act 2007, along any of the lines suggested. The Act sought to provide for the registration of the title of Architect in order to protect consumers. There is no question of persons who fail to register through one of the routes to registration provided for in Part 3 of the Act being allowed to use the title of Architect.

Community Development 541. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government his views on addressing the regulations which relate to community and voluntary fora and place a burden of fees for auditors and accountants on such fora; his further views that this sector does good work and provides a service to communities across the State and that existing legislation places a burden on these organisations which might hamper their ability to fulfil their role. [22984/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I presume that the Question refers to the obligations some community and voluntary groups, who have established and/or manage companies, have under the Companies Acts. Legislation in relation to Company Law and issues arising in this context are a matter for my colleague, the Minister for Jobs, Enterprise and Innovation. The Government fully recognises the value of the work carried out by community and voluntary organisations (including the Community and Voluntary Fora), which complements State endeavours in the community area. The Community and Voluntary Fora provide an important input to the work of local authorities, particularly in the context of their membership of local

340 Questions— 14 September 2011. Written Answers authority structures such as the Strategic Policy Committees, Joint Policing Committees and County/City Development Boards. I recently approved allocations totalling €587,000 to the Fora to support their work. Such funding is in addition to any other supports provided by individual local authorities including meeting the expenses of community representatives on the aforementioned local authority structures. In addition, on 2 June 2011 I approved a further €55,000 per annum to the Irish National Community and Voluntary Forum for the next two and half years, subject to annual budgetary review. This is on top of the €19,000 already allotted to this body as part of the overall Fora allocation. The National Community and Voluntary Forum is the representative body of the Fora.

Question No. 542 answered with Question No. 531.

543. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if matching funding requirements will be reduced for community groups and private organisations seeking funding assistance from partnership organisations; and if he will make a statement on the matter. [23010/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In general the Rural Development Programme (RDP) offers a 50% rate of aid for private promoters and a 75% rate of aid for community promoters. My Department keeps under review means of making the RDP more accessible and understandable for promoters. While increased rates of aid are being considered, any such change to the RDP would have implications for the overall impact of the Programme and would require the approval of the European Commission. Should a decision be taken to increase the rates of aid applicable, all Local Action Groups contracted to deliver the RDP will be notified immediately.

Private Rented Accommodation 544. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if he will respond to a matter (details supplied) regarding the Private Resi- dential Tenancies Board; and if he will make a statement on the matter. [23014/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. My Department conducted a review of the Act in 2009 with a specific emphasis on whether the Act best supports the PRTB’s key functions and on whether legislative amendments would support either the achievement of additional operational efficiencies by the PRTB in the delivery of those functions or the broader good working of the private rented sector. The outcomes of the review were announced by my predecessor as Minister of State and, in July 2011, the Government approved the Heads of a Bill to deliver on the review’s recommendations. The incorrect retention of deposits by landlords was identified in the review process as one of a range of issues that merited specific attention. While the Heads of the Bill contain provisions that will, inter alia, deter the incorrect retention of deposits by landlords, I am continuing to evaluate the review recommendations and associated legislative proposals. In that regard, I have already met with the PRTB which has engaged in some research as to the viability of a separate deposit retention scheme pursuant to its function, under section 151(1) of the Act, to provide advice to the Minister concerning policy in relation to the private rented sector. On foot of that meeting, I have asked the PRTB to carry out further research on how best to

341 Questions— 14 September 2011. Written Answers

[Deputy Willie Penrose.] address the issue of deposit retention and this research will further inform my thinking on this matter.

Building Regulations 545. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 1464 of the 29 September 2010, the position regarding the review of part J of the building regulations; if and when this report will be published; and if he will make a statement on the matter. [23052/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Part J of the Building Regulations, which deals with Heat Producing Appliances, and the accompanying Technical Guidance Document (TDG J), is currently being reviewed by my Department in conjunction with the Building Regulations Advisory Body (BRAB). When the review is completed, the BRAB will advise me of its recommendations in relation to amending the Part J requirement and the technical guidance. Any proposed changes will be subjected to a rigorous Regulatory Impact Analysis and a full public consultation before the matter is finally decided.

Planning Issues 546. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government his plans to reform the planning process to address a situation that persons and organisations are able to continually apply for retention in connection with developments built without or in breach of planning permission; and if he will make a statement on the matter. [23080/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Under the Planning and Development Acts 2000 — 2010, all development, unless specifically exempted under the Acts or associated Regulations, requires planning permission. Any development that is carried out without planning permission, or that does not comply with the terms of a planning permission, is unauthorised development, and may be subject to enforcement action by a planning authority. Planning authorities have substantial enforcement powers and duties under the Planning Acts. A planning authority must issue a warning letter in relation to written complaints regarding unauthorised development, or other unauthorised development it becomes aware of (except in the case of trivial or minor development). There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued or a court order should be sought, under section 160 of the 2000 Act. Where a planning authority establishes, following an investigation, that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out, and the person who has carried out the development has not proceeded to remedy the position, then the planning authority must issue an enforcement notice or seek a court order, unless there are compelling reasons for not doing so. An application for retention permission is required to be assessed by a planning authority in the same way as any other application, that is, the planning authority is required to consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, relevant Ministerial or Government policies, including any guidelines issued by my Department.

342 Questions— 14 September 2011. Written Answers

The facility to apply for retention permission was curtailed in the 2010 Planning and Develop- ment (Amendment) Act 2010 where its was provided that a planning authority may not accept an application for retention permission in respect of a development which would have required that one or more of the following was carried out: • an environmental impact assessment; • a determination as to whether an environmental impact assessment was required; or • an appropriate assessment. The above provision was commenced on 23 March 2011. Section 57 of the 2010 Act makes provision to allow developments which would have required an environmental impact assessment or an appropriate assessment to be the subject of applications for substitute consent, but only in very limited circumstances e.g. the development had a permission which was found defective by a court or the Board judge that there are exceptional circumstances such that the developer should be given leave to apply for such consent. Section 57 will be commenced very shortly.

Local Authority Housing 547. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government if he will provide additional funding to Donegal County Council for the provision of social housing, SI cottages and in meeting contractual commitments entered into by the council. [23116/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Funding of €6.115 million, of which €4.4 million relates to the provision of new social housing stock, was allocated to Donegal County Council under my Depart- ment’s Social Housing Investment Programme for 2011. To date, some €5.147 million of the overall allocation has been drawn down by the Council. All of the available capital funding for new local authority social housing projects has been committed at this stage. Requests for additional capital funding, including the request from Donegal County Council for funding for rural houses, will be considered in the context of any savings arising elsewhere in the programme.

Question No. 548 answered with Question No. 536.

Community Development 549. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government the number of organisations funded under the 2008-2010 scheme to support national organisations in the community and voluntary sector. [23167/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): 63 organisations were funded under the 2008-2010 Scheme to Support National Organisations in the Community and Voluntary Sector. Details of these organisations are on my Department’s website, www.environ.ie.

Question No. 550 answered with Question No. 540.

Local Authority Housing 551. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his plans to modify the interest rate for the rental portion of the shared

343 Questions— 14 September 2011. Written Answers

[ Deputy Catherine Murphy.] ownership loan which appears to be placing an excessive burden on low income households; and if he will make a statement on the matter. [23206/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): The rent charged on the local authority’s equity in a shared ownership transaction is to cover the funding costs to the Housing Finance Agency which are based on borrowings at the prevailing interest rates. Any difference between the rent and prevailing interest rate is reflected in the capital outstanding on the property i.e. if the rent charged in any period is greater than the prevailing mortgage interest due on the local authority’s share, the purchase price of the outstanding equity will be reduced accordingly. In addition, an annual subsidy towards rent payments under the Shared Ownership Scheme is available, through the Rental Subsidy Scheme, to households with a gross household income of up to €28,000 per annum in the preceding tax year. The level of subsidy ranges between €2,550 for incomes up to €13,000 and €1,050 for incomes up to €28,000.

Unfinished Housing Developments 552. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the schemes that have been applied for and accepted for the remediation of category 3 and 4 unfinished estates on a county basis; the amount that has been released; the local authorities that received same; the dialogue he has had with them about the projects to be included under their scheme in view of the fact that NAMA schemes are ineligible. [23207/11]

556. Deputy Pádraig Mac Lochlainn asked the Minister for the Environment, Community and Local Government the provisions that are in place for a resident who lives in an incomplete development (details supplied) in County Donegal. [23238/11]

575. Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government if there is a procedure in place for local councils to reclaim money spent on demolishing and restoring ghost estates in their respective areas; and the further procedure to ascertain who owns and is responsible for each development. [23514/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): I propose to take Questions Nos. 552, 556 and 575 together. I have established and am chairing the National Co-ordination Committee on Unfinished Housing Developments to oversee implementation of the Report of the Advisory Group on Unfinished Housing Developments, together with the Government’s response to the recommendations. Both documents were published on 9 June 2011 and are available on my Depart- ment’s website — www.environ.ie. The Committee is meeting on a regular basis with the aim of publishing a report on progress achieved within the next 12 months. In the meantime, work is ongoing on implementation of the Report of the Advisory Group and real progress is already being made with regard to the public safety works required to improve the living conditions of existing residents on some unfinished estates. To date, my Department has made allocations totalling some €2.16 million to fifteen local authorities from the €5 million funding allocation made available to address immediate safety issues. The types of works that have been approved to date include the fencing off of unsecured and hazardous areas, capping of pipes, installation of street lighting, and other works to secure sites. My Department will be making further allocations as applications are received from local authorities and assessed. I can also report that planning authorities are already making progress

344 Questions— 14 September 2011. Written Answers in securing the co-operation of developers, financial institutions and/or bond holders, thereby obviating the need to use Exchequer resources to fund such work. Developers and owners of unfinished housing developments (or their receivers, where appointed) have the primary legal obligation in addressing outstanding problems associated with these developments. Any public funds expended under this provision should ultimately be recouped from the developer/receiver. Estates which fall under the direct control of NAMA, or receivers appointed by NAMA, are being managed by them and as a consequence do not fall within this scheme. Details of the allocations made to date are in the table.

Table

Local Authority Category 4 Funding Received to date

€ Carlow County Council 14 14,074.00 Cavan County Council 8 212,403.90 Clare County Council 6 0.00 Cork City Council 0 0.00 Cork County Council 5 220,480.50 Donegal County Council 0 0.00 Dublin City Council 3 0.00 Fingal County Council 0 0.00 South Dublin County Council 0 0.00 D.L.R. County Council 0 0.00 Galway City Council 1 26,306.00 Galway County Council 8 136,969.15 Kerry County Council 0 0.00 Kildare County Council 4 0.00 Kilkenny County Council 6 202,909.00 Laois County Council 4 67,772.00 Leitrim County Council 40 33,000.00 Limerick City Council 0 0.00 Limerick County Council 10 174,430.50 Longford County Council 39 453,403.00 Louth County Council 5 0.00 Mayo County Council 1 8,419.00 Meath County Council 0 0.00 Monaghan County Council 3 32,359.50 Offaly County Council 5 0.00 Roscommon County Council 15 97,981.61 Sligo County Council 12 98,297.00 Nth Tipperary County Council 0 0.00 Sth Tipperary County Council 5 95,069.50 Waterford City Council 0 0.00 Waterford County Council 4 52,000.00 Westmeath County Council 4 85,531.00 Wexford County Council 8 152,084.32 Wicklow County Council 0 0.00

Total 210 2,163,489.98

345 Questions— 14 September 2011. Written Answers

Water Quality 553. Deputy Joanna Tuffy asked the Minister for the Environment, Community and Local Government if his attention has been drawn to a recent environmental report which stated that nearly 600,000 consumers here are drinking tap water that contains excessive levels of trihalomethanes (details suppled); the steps he will take to ensure that this problem is addressed; and if he will make a statement on the matter. [23218/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I am aware of the report referred to in the Question. Under the European Communities (Drinking Water) (No 2) Regulations 2007, drinking water must comply with a number of microbiological and chemical parameters. The Environmental Protection Agency is responsible for thesupervision of drinking water supplies in Ireland. In February 2011 the EPA published The Provision and Quality of Drinking Water in Ireland — a Report for the Years 2008-2009. The report states that 15.6% of all samples covering 156 public and group supplies failed to comply with the parametric value for trihalomethanes. Trihalomethanes are formed in drinking-water primarily as a result of chlorination of organic matter present naturally in raw water supplies. At the time of the media report, I understand that the EPA stated that the health risks from disinfection by-products, including trihalomethanes, are much less than the risk from consuming water that has not been disinfected. As part of its supervisory role under the Regulations, the EPA maintains a list of public water schemes where remedial action is required to address operational or infrastructure deficits. Schemes failing to meet the parametric value for trihalomethanes are placed on this remedial action list (RAL). My Department provides capital funding to local authorities for works required to address schemes on the RAL. Since 2008, €28m has been provided from the Rural Water Programme for this purpose.

Question No. 554 answered with Question No. 540.

Waste Disposal 555. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government his views on the fact that a company (details supplied), that has been awarded the contract for the Poolbeg incinerator, Dublin, has been fined €400,000 in the United States of America for release of cancerous dioxins at incinerators in Connecticut and that this is the second time (details supplied) this company has been fined for this; his plans to ensure that a similar issue will not arise in Dublin; and if he will make a statement on the matter. [23224/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I am aware of the incidents reported in respect of the company referred to in the question. Major waste infrastructure is subject to stringent environmental standards set out in national and EU environmental and waste legislation. The Environmental Protection Agency and local authorities are tasked with implementation, and the Agency has significant oversight and enforcement powers in order to safeguard the environment and to ensure compliance with specific waste licence conditions. I am satisfied that a rigorous and risk based enforcement regime, including emissions monitoring, inspections and audits, is actively pursued by the EPA. As standard good practice, the EPA also requires the development of Environmental Management Systems at licensed facilities, to help in preventing environmental pollution and promoting continual improvements in environmental performance.

Question No. 556 answered with Question No. 552.

346 Questions— 14 September 2011. Written Answers

Community Development 557. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government the number of volunteer centres on a county basis; the number of staff employed in each centre; the number of volunteers offering and placed in 2010; the funding that was provided to each centre in 2010; and if he will make a statement on the matter. [23247/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): 22 Volunteer Centres act as ‘brokers’ between potential volunteers and organisations seeking volunteers. The centres are linked by a common database and a common best practice approach, and they provide a valuable service in promoting and coordinating voluntary activities around Ireland. They also work with organisations to develop their volunteer management capacity as well as carrying out Garda vetting for smaller organisations. Details of the funding provided by my Department to the 22 Centres are set out in the table. In addition 1% of funding under the Local and Community Development Programme is for volunteering activities. This funding is paid directly to Volunteer Centres which operate in LCDP areas. The table details the number of volunteer centres by county, the number of staff employed in each centre, the number of volunteers registered and placed in 2010 and the funding received under the Department’s Volunteering Subhead.

No. of Volunteer Centres by No. of Staff No. of No. of Funding provided County Employed 2010 Volunteers Volunteers in 2010 Registered 2010 Placed 2010

Carlow 1f/t & 2 p/t 473 278 €118,102.00 Clare 1p/t 257 152 €32,410.00 Cork 2f/t & 2 p/t 1,289 127 €67,226.00 Donegal 2 f/t 302 87 €127,553.00

Dublin City South 3 f/t 1,332 440 €171,287.00 South Dublin County 1f/t & 3 p/t 1,358 380 €172,816.00 Fingal 2 f/t 772 76 €101,168.00 Dublin City North 2 f/t 2,350 451 €207,614.00 Dunlaoghaire/Rathdown 1 f/t & 2 p/t 677 215 €91,780.00

Galway 1 f/t & 2 p/t 1,555 490 €116,749.00 Kerry 2 f/t 437 401 €107,510.00 Kildare 2 f/t 553 201 €107,745.00 Limerick 1 f/t & 2 p/t 269 93 €144,940.00 Longford 1p/t 92 84 €32,410.00 Louth 3 p/t 304 167 €111,702.00 Mayo 3 p/t 239 125 €88,507.00 Meath 2 f/t 505 262 €122,963.00 Monaghan 1 f/t 152 52 €66,904.00 Sligo 3 p/t 323 224 €106,842.00 South Tipperary 1 f/t & 2 p/t 465 315 €130,861.00 Westmeath 2 f/t 308 370 €119,841.00 Wicklow 3 p/t 463 341 €122,957.00

347 Questions— 14 September 2011. Written Answers

Housing Aid for the Elderly 558. Deputy Dan Neville asked the Minister for the Environment, Community and Local Government the amount that was granted to Limerick County Council for the housing aid for the elderly grant scheme and the housing adaption grant scheme to date in 2011; if, in view of the fact that the area offices are reporting that they are out of the necessary funding, he will be releasing further moneys this year; and the planned allocation moneys for Limerick County Council in 2012. [23286/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): The suite of Grant Schemes for Older People and People with a Disability is funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. It is a matter for each local authority to decide on the specific level of funding to be directed to each of the various grant measures, and to manage the operation of the schemes in their areas from within their allocation. Exchequer funding totalling €1,375,380 was allocated to Limerick County Council to meet expenditure arising under the schemes in 2011. So far, some €921,469 of this has been drawn down by the Council. All of the funding available under the grant schemes has been fully committed at this stage. My Department monitors expenditure under the schemes on an ongoing basis and requests for additional funding will be considered in the context of savings arising due to an under-spend by any local authority of their 2011 allocation. Allocations to local authorities next year will be considered in the context of the 2012 budgetary provision for the grant schemes and local authorities will be notified of these as soon as possible after the publication of the 2012 Estimates for Public Services. My Department is aware that these schemes are very heavily subscribed and available funding has been heavily committed in many areas. To provide for continuity in the processing of applications and the payment of grants under the various grant measures, local authorities are advised by my Department that they can commit up to 50% of their current year allocation in respect of grant payments falling due in the following year.

Question No. 559 answered with Question No. 529.

Departmental Expenditure 560. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card. [23312/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Details of expenditure using Departmental credit cards for the period from January 2008 to August 2011 are set out as follows. The Table also sets out the amount spent on entertainment on those credit cards.

Year Total annual expenditure Credit card Entertainment expenditure

2008 €60,471.36 €8,843.96 2009 €26,774.00 €6,178.37 2010 €28,013.38 €2,936.39 2011 (to end August) €8,286.57 €245.53

348 Questions— 14 September 2011. Written Answers

Departmental credit cards are issued for authorised official use only in circumstances where a strong business case has been established. Cards are withdrawn when the business case no longer exists and transferred into the name of the incoming officer, as appropriate, when there is a reassignment of duties. Currently there are four credit card holders in my Department, namely: • Private Secretary to the Minister • Private Secretary to the Minister of State for Housing and Planning • Principal Officer, ICT Section, and • Head of Administration and Training Division, Met Éireann Each of the four credit cards has a credit limit of €7,000. Credit cards are issued to the private secretaries to the Minister and Minister of State to facilitate payment for goods or services which would prove more difficult under normal invoicing arrangements, such as reserving hotel accommodation abroad. In the cases of Met Éireann and ICT, the credit cards are used to facilitate the purchase of ICT hardware and software licences and for the renewal of subscrip- tions to work-related publications.

Departmental Staff 561. Deputy John O’Mahony asked the Minister for the Environment, Community and Local Government the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23342/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information requested is set out in the table:

Minister of Private Office Private Office Constituency Constituency State — Number of — Salary Costs Office -Number Office — Staff * of Staff Salary Costs

2009 Pre 22 April M. Kitt 5 €94,440.44 5 €84,418.88 2009 M.Finneran 7 €332,610.18 5 €163,934.53 2010 M.Finneran 7 €309,210.63 4 €176,494.32 2011 Pre 10 March M.Finneran 7 €60,397.51 4 €30,842.13 2011 Post 10 March W.Penrose 7 ** €160,052.55 3 €57,343.03 * Numbers employed include 2 civilian drivers for each office for each year. ** Minister of State Penrose attends Cabinet and employs a Special Adviser.

Minister of State O’Dowd has no staff assigned to his office in my Department. Similarly, no staff were assigned to the offices of former Ministers of State Cuffe, Hoctor and Brady.

562. Deputy John O’Mahony asked the Minister for the Environment, Community and Local Government the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23357/11] 349 Questions— 14 September 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information requested is set out in the table:

Year Minister No. of Special Advisors Salary Costing

2009 J. Gormley 4* €483,876.64 2010 J. Gormley 4* €478,518.37 2011 (1 — 23 January) J. Gormley 4* €34,246.89 2011 (24 January-9 March) É. Ó Cuív0 0 2011 (10 March to date) P. Hogan 1 €32,027.03 2011 (10 March to date) W. Penrose 1 €24,556.37 * Includes a Programme Manager who was based in the Department of the Taoiseach.

563. Deputy John O’Mahony asked the Minister for the Environment, Community and Local Government the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23372/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The information requested is set out in the table:

Minister Office Private Office Constituency Constituency — Salary Costs Office -Number Office — of Staff # Salary Costs

2009 J Gormley ** 10.85 €839,682.95 5.35 €259,863.39 2010 J Gormley ** 10.5 €825,877.86 5 €210,117.24 2011(1 — 23 January) J Gormley ** 10.5 €59,474.93 5 €18,772.76 2011(24 January-9 É OCuív 4.5 €27,025.13 0 0 March) 2011(10 March to date) P Hogan 9 * €197,822.75 4 €52,947.89 * Minister Hogan employs 2 civilian drivers who are reflected in this table. # Staff figures given as whole time equivalent. ** Figure for Minister Gormley’s Private Office in 2009, 2010-2011 includes a Programme Manager who was based in the Department of the Taoiseach.

Water and Sewerage Schemes 564. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will honour the commitment given by a previous Government whereby €18 million was allocated to County Kerry for the replacement of water mains relaying; if his attention has been drawn to the fact that no funding has yet been released yet; and if he will make a statement on the matter. [23384/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the commencement of water conservation contracts to the value of €18.79 million during the programme period in County Kerry. Since the publication of the programme, Kerry County Council has completed its countywide watermains rehabilitation strategy required as part of its water conservation programme. This strategy identifies specific defective water supply networks requiring rehabilitation and/or replacement. The Council is also identifying the works to be included in the Countywide Water- 350 Questions— 14 September 2011. Written Answers mains Rehabilitation Project Phase 1 contract to be progressed and funded under my Depart- ment’s Water Services Investment Programme 2010 — 2012. My Department recently approved an advance works proposal for the replacement of watermains submitted by Kerry County Council. The Council has also submitted additional information requested in relation to another advance works proposal and this is currently under examination. A decision will be conveyed to the Council as soon as possible.

Local Authority Housing 565. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if the family income supplement, which is taken into account for the income threshold regarding eligibility on the local authority housing list, will also be taken into account in the calculation for persons who wish to get a loan from the local authority to purchase a house. [23390/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Provisions governing mortgage lending by local authorities are set out under the Housing (Local Authority Loans) Regulations 2009 and associated credit policy. To ensure effective targeting of resources, loan finance continues to be available to first time buyers only. Income limits are also in place, distinguishing between single and dual income households and a maximum loan limit is applied. In assessing loan applications local authorities take account of the household’s ability to finance the loan based on their net household income. While, as a general rule, the credit policy provides that loans are not available to those in receipt of unemployment/social welfare benefits, an exception may be made where there is a primary income of a permanent waged/salaried nature, and where the secondary income is from the Department of Social Protection. In such cases long term social welfare payments can be considered, provided the long term nature of the payment is confirmed. The final decision on whether to grant/refuse an applicant lies solely with the relevant local authority. All local authorities must satisfy themselves on the financial risk they are undertaking. These provisions apply for purposes of mortgage lending by all local authorities.

Waste Management 566. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the reason he plans to centralise all waste collection to only one company and financial institutions (details supplied); and if he will make a statement on the matter. [23391/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Government has committed to the introduction of competitive tendering for household waste collection, under which service providers will bid to provide waste collection services in a given area, for a given period of time and to a guaranteed level of service. A public consultation process has recently concluded on this matter, the purpose of which is to inform policy development. The responses received are currently being examined and I intend to bring policy proposals to Government before the end of the year. However, there are no plans to centralise waste collection with a single service provider. On the contrary, I would like to strengthen competition for household waste collection.

Local Authority Staff 567. Deputy Niall Collins asked the Minister for the Environment, Community and Local

351 Questions— 14 September 2011. Written Answers

[ Deputy Niall Collins.] Government the percentage of employees, in each local authority, that have a mental or physical disability; and if he will make a statement on the matter. [23418/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The local authority sector as a whole has exceeded the Government’s target of 3% for the employment of people with disabilities in the public sector each year since 2001. Based on information supplied by local authorities in the format required under the Disability Act 2005, the percentage of employees with a disability in each local authority for 2010 is set out in the table.

Local Authority %

County Councils Carlow 3.0 Cavan 3.0 Clare 4.9 Cork 3.3 Donegal 3.3 Dún Laoghaire / Rathdown 4.2 Fingal 4.7 Galway 3.4 Kerry 4.5 Kildare 4.4 Kilkenny 4.4 Laois 3.1 Leitrim 4.5 Limerick 3.7 Longford 4.3 Louth 6.0 Mayo 5.8 Meath 3.8 Monaghan 3.9 Offaly 3.4 Roscommon 4.5 Sligo 3.0 South Dublin 3.4 North Tipperary 3.2 South Tipperary 3.8 Waterford 3.2 Westmeath 3.7 Wexford 4.7 Wicklow 3.1 City Councils Cork 4.2 Dublin 2.1 Galway 4.4 Limerick 2.6 Waterford 6.4

352 Questions— 14 September 2011. Written Answers

Fire Service 568. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government the ratio of assistant fire chiefs to fire service personnel in each local authority here; and the staffing costs for each member of staff at the grade of assistant fire chief and fire chief on a county basis. [23425/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Information regarding the ratio of Assistant Chief Fire Officers to Fire Service Personnel and staffing costs for Chief Fire Officers and Assistant Chief Fire Officers is not routinely compiled in my Department. My Department’s National Directorate for Fire and Emergency Management, however, conducted a Baseline Study of the fire and rescue services in Ireland in 2008/2009. Each local authority was requested to complete a survey document to gather information on fire services across the State. The primary purpose of the Study was to provide a benchmark of the current status of local authority fire and emergency services, against which future progress would be measured. The survey identified 271 officers (including 30 Chief Fire Officers and 100 Assistant Chief Fire Officers) and 3,416 fire fighters countrywide, who provide and manage the delivery of fire services from 220 fire stations, using a fleet of some 500 vehicles. On average, there is one operational fire officer for every 44 fire fighters covering a population of 15,000 people. The returns also indicated one chief fire officer for every 114 fire fighters. Accordingly, I consider that the Irish Fire Service is appropriately structured and I appreciate the high quality of services provided and managed by our senior fire officers and front line fire fighters. The annual budget provided by local authorities for running fire services is of the order of €240m. Requests for staffing in the fire services have been approved, following consideration of individual requests, within the Employment Control Framework. Salaries of Chief Fire Officers and Assistant Chief Fire Officers are aligned to those of engineers in local authorities. The current salary scales are contained in the tables.

Chief Fire Officer (Cork City & Chief Fire Officer (Other Local County Council, Limerick City) Authorities)

Point Rate 01/01/2010 Point Rate 01/01/2010 Point Rate 01/01/2010

1 €78,368 1 €73,223 1 €62,276 2 €81,185 2 €74,957 2 €64,219 3 €83,995 3 €76,685 3 €66,147 4 €86,809 4 €78,417 4 €68,037 5 €89,623 5 €80,148 5 €69,934 LSI 1 €92,583 6 €81,886 6 €71,822 LSI 2 €95,540 LSI 1 €84,500 7 €73,726 LSI 2 €87,117 LSI 1 €76,116 LSI 2 €78,501

Assistant Chief Fire Officer (Dublin Assistant Chief Fire Officer (Cork Assistant Chief Fire Officer (Other City Council) City & County Council) Local Authorities)

Point Rate 01/01/2010 Point Point Rate 01/01/2010 Point

1 €73,223 1 €62,276 1 €46,732

353 Questions— 14 September 2011. Written Answers

[Deputy Phil Hogan.] Assistant Chief Fire Officer (Dublin Assistant Chief Fire Officer (Cork Assistant Chief Fire Officer (Other City Council) City & County Council) Local Authorities)

2 €74,957 2 €64,219 2 €48,467 3 €76,685 3 €66,147 3 €50,204 4 €78,417 4 €68,037 4 €51,944 5 €80,148 5 €69,934 5 €53,684 6 €81,886 6 €71,822 6 €55,422 LSI 1 €84,500 7 €73,726 7 €57,162 LSI 2 €87,117 LSI 1 €76,116 8 €58,893 LSI 2 €78,501 9 €60,639 10 €62,372 LSI 1 €64,371 LSI 2 €66,350

569. Deputy Eric Byrne asked the Minister for the Environment, Community and Local Government his plans regarding to fire services here, specifically if it is envisaged that there will be a national fire service to replace the individual full and part time services that currently exist in each county. [23426/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The provision of a fire service, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of premises and the making of such other provisions as it considers necessary or desirable is a statutory function of 37 statutorily designated fire authorities under the provisions of the Fire Services Acts 1981 and 2003. Fire services are structured and delivered by the thirty principal local authorities on a shared services basis. These fire authorities are supported by my Department through setting general policy, the provision of training support, the issue of guidance on operational and other related matters, and by the provision of capital funding. A Review of Fire Services in Ireland conducted in 2002 concluded unambiguously that provision of fire services by the local authorities was an appropriate approach, which should be continued and strengthened. The report also recommended that national oversight, co-ordination and leadership of fire services should be strengthened. The establishment in 2009 of the National Directorate for Fire and Emergency Management within my Department gave effect to this recommendation. The Directorate has taken over the functions of the Fire Services Council in an approach in keeping with the need to reduce the number of agencies, while providing appropriate political accountability. While the National Directorate is not a national fire service, and fire authorities continue to deliver this service under the aegis of the local government system, it has recently set out a national blueprint and programme for developing and improving the efficiency and effectiveness of Fire Services. This is contained in the Irish Fire Services National Development Frame- work 2010-2015, available on my Department’s website at www.environ.ie. The Framework sets out policies and key actions in the areas of Fire Services Role in Society; National Processes and Standards; Staff Learning and Development; Quality Assurance Systems and Reporting Performance; and Service Infrastructure and Legislative Support. The National Directorate, in collaboration with fire authorities, is currently developing national guidance on a range of issues in the interests of enhanced community safety. 354 Questions— 14 September 2011. Written Answers

Given that both the fire authorities at local level and the Directorate at national level are working well and meeting their respective mandates, I have no plans to establish a National Fire Service.

Water and Sewerage Schemes 570. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the position regarding the Arklow sewerage scheme; when he expects that it will go to construction; and if he will make a statement on the matter. [23437/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Wicklow. Three contracts under the Arklow Sewerage Scheme are included in the Programme amongst the list of contracts in the county to start in the period 2010-2012. The major contract relates to the proposed wastewater treatment plant. The unsuccessful applicant to the High Court for a judicial review of An Bord Pleanála’s decision to grant approval for the wastewater treatment plant was given leave to appeal to the Supreme Court and exercised that option. The hearing was held in December 2009 and the Supreme Court issued its decision in July 2011. The Court dismissed the appeal. Following from the Supreme Court decision, Wicklow County Council must complete the planning for the scheme and is preparing a programme for its delivery within the earliest possible timeframe.

Departmental Expenditure 571. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23444/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The IT budget for my Department was €4.291m in 2010 and is €4.533m in 2011. My Department constantly seeks to ensure that value for money and cost reductions are obtained. In this regard, my Department complies fully with appropriate national and EU procurement rules and also avails of centrally negotiated procurement framework agreements in areas such as telephony and desktop equipment. Information in relation to the management of IT budgets by public bodies under the remit of my Department is a matter for the bodies themselves. Such bodies are, of course, required to comply with the appropriate national and EU procurement rules.

Question No. 572 answered with Question No. 540.

Departmental Correspondence 573. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23471/11]

355 Questions— 14 September 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Departmental submissions made in the context of the Comprehensive Review of Expenditure (CRE) are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure and Reform has indicated that it is his intention to publish the submissions following the finalisation of the budgetary process.

Question No. 574 answered with Question No. 527.

Question No. 575 answered with Question No. 552.

Water and Sewerage Schemes 576. Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government when the replacement of water mains at Coosan, Athlone, County West- meath is due to commence; when the further 12 km of water mains repairs will take place in Athlone, County Westmeath; and if he will make a statement on the matter. [23515/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the commencement of water conservation contracts to the value of €10.2 million during the programme period in County Westmeath. I understand that the award of the contract to replace the watermain in Coosan, Athlone was delayed due to the withdrawal of the lowest tender, and the contract has been offered to the next lowest tender. My Department is providing funding for this contract, which was signed this week, and works are expected to commence on site very shortly. Site investigation works are currently ongoing in Athlone and the results will be used in the final design and preparation of contract documents for further watermain replacement works in Athlone. I understand that the Council plan to finalise the design and preparation of the contract documents by the end of this year.

577. Deputy Nicky McFadden asked the Minister for the Environment, Community and Local Government his views on the process of discharging raw sewerage into the River Shannon at eight locations in Athlone, County Westmeath, during times of heavy rainfall; and if an alternative method of dealing with sewerage will be used. [23516/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The EU on Urban Waste Water Treatment recognises that it is not possible to construct collecting systems and treatment plants in a way such that all wastewater can be treated during situations such as unusually heavy rainfall. Member States therefore have to decide on measures to limit pollution from storm water overflows. In Ireland, the extent and impact of such discharges is regulated through the wastewater discharge licence issued by the Environ- mental Protection Agency for the particular agglomeration. In addition, my Department has published performance standards in a document. Procedures and criteria in relation to Storm Water Overflows. In the case of the Athlone area, in common with all early municipal combined sewer networks, the sewers in the old core of Athlone carry storm water as well as foul sewage and are fitted with combined sewer overflows, which in times of heavy rainfall may spill a mixture of storm water and sewage to the watercourse — principally to the River Shannon. The licence issued by the EPA to Westmeath County Council requires some improvement works to ensure that a number of such discharges conform to the Departmental performance standards. It is

356 Questions— 14 September 2011. Written Answers proposed to address these issues as part of the upgrade of the Athlone Sewerage Scheme which is included in my Department’s Water Services Investment Programme 2010-2012. The Athlone Sewerage Scheme provides for a combination of new sewers, sewer replacement and provision of storm water holding tank to contain excess storm flow and return it to the sewer network — and hence to the wastewater treatment plant — when the rainfall event has passed. The elimination of the combined storm overflows to the River Shannon will be a major benefit of the Scheme. Westmeath County Council has submitted a Project Inception Report for Athlone Sewerage Scheme to my Department and this is currently under consideration.

Property Tax 578. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the position regarding the proposed property tax impact on landlords with four or five units to let in one house; if they will have to pay for each unit or one tax on the house; if any scheme exists to assist landlords who have had to reduce their rents due to the current economic climate with these non principal private residency taxes and the proposed further taxation on multiple property ownership. [23594/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): It is intended that the household charge of €100 will apply, on a self assessment basis, from 2012 to owners of all residential property in the State, subject to a limited number of exemptions and waivers. Where a property is divided into a number of units of residential property, it is intended that each such unit will be liable to the charge. Legislation to give effect to the household charge will be brought before the Oireachtas as soon as possible. I have no plans to introduce a specific scheme to assist landlords who own multiple properties.

Local Authority Housing 579. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government when the 2010 housing needs assessment will be published; the top line figure for local authority housing waiting lists; and if he will make a statement on the matter. [23606/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Detailed data are being finalised and I expect to be in a position to release the statutory Housing Needs Assessment figures for 2011 shortly. As I indicated recently, the total number of households on the local authority waiting lists nationally, the “net need”, is just under 100,000 households.

Departmental Funding 580. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding funding for an information centre (details supplied) in County Kerry; and if he will make a statement on the matter. [23613/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Funding of €427m is available under the Rural Development Programme (RDP) 2007-2013 for allocation to qualifying projects up to the end of 2013. One of the objectives of the RDP is to identify and provide appropriate amenity and leisure facilities to local communities; support is also available for small scale infrastructure for tourism initiatives. Support under the RDP is available for the development and upgrade of such structures and in this context the information centre could be considered for this type of funding under the RDP. South Kerry

357 Questions— 14 September 2011. Written Answers

[Deputy Phil Hogan.] Development Partnership who have been contracted by my Department to deliver the RDP in the South Kerry area may be contacted at West Main Street, Caherciveen, Co. Kerry. Support may also be available under one of the community work placement initiatives, such as Tús, Rural Social Scheme or Community Employment Scheme, administered by the Depart- ment of Social Protection. These initiatives provide a wide range of local services and support community and voluntary organisations in the delivery of services. South Kerry Development Partnership has also been tasked with delivery of these schemes in South Kerry. Question No. 581 answered with Question No. 532.

Social and Affordable Housing 582. Deputy Jack Wall asked the Minister for the Environment, Community and Local Government if a person is entitled to allow their property (details supplied) to go into the rental accommodation scheme; and if he will make a statement on the matter. [23757/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Affordable housing schemes were introduced to facilitate homeown- ership for first time buyers. To this end, while the terms and conditions of the various affordable housing schemes do not prohibit an affordable home owner from renting a spare room in his/her home, a local authority may attach conditions to the contract with the purchaser pertaining to subletting of the unit and its use by the purchaser as his/her normal place of residence. Any property owner interested in renting their property under the Rental Accommodation Scheme should contact the relevant local authority.

Departmental Funding 583. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the position regarding the allocation of budgets to a certain body under the local and community development programme 2011-2013 (details supplied). [23781/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The company referred to in the question is funded under my Department’s Local and Community Development Programme (LCDP). Funding allocations to local development companies under the LCDP are made by Pobal, which manages the programme on behalf of my Department. Allocations under the LCDP are based on a number of factors, including the size/population of the catchment areas of the companies, the proposed annual programme of activity of each company, the deprivation index for the catchment areas and the available funding for the year. An allocation of €553,347.25 has been provided to the company in question for 2011. Ongoing funding for the LCDP in 2012 and beyond will fall to be considered in the context of the annual Estimates process and in light of the outcome of the Government’s Comprehensive Review of Expenditure.

Local Authority Charges 584. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government the reason the non-principal private residence charge is being levied on units rather than on individual properties; if he regards this as a disincentive to investment in property portfolios; his views that this is a burden on owners of more than one property; and if he will make a statement on the matter. [23788/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Government decided in 2009 to broaden the revenue base of local authorities by introducing a

358 Questions— 14 September 2011. Written Answers charge of €200 on all non-principal private residences. The charge is payable by the owners of private rented accommodation, holiday homes and any other residential property that is not the owner’s sole or main residence. The Local Government (Charges) Act 2009, which sets out the detail of the charge, defines residential property as including flats, apartments and bedsits. The charge is payable in respect of each unit of accommodation used, or suitable for use as a separate dwelling, whether or not any amenity or facility in the building or premises may be shared. The owner of a house split into a number of residential units is thus liable for the charge on each unit in that house.The view was taken when the Bill was being debated in the Oireachtas that this was the fairest approach. I have no plans at present to amend the charge on non-principal private residences in this respect.

Water and Sewerage Schemes 585. Deputy Jack Wall asked the Minister for the Environment, Community and Local Government his plans to increase the grants for group sewerage schemes in view of the present differential between such scheme grants and group water scheme grants; and if he will make a statement on the matter. [23792/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The rate of grant available for Group Sewerage Schemes is €2,031.58 per house or 75% of the cost of the scheme, whichever is the lesser. My Department has funded a pilot programme to test a range of small-scale wastewater collection and treatment systems under Irish conditions. The objective of this pilot programme is to evaluate new approaches to meeting the wastewater collection and treatment needs of rural communities. The National Rural Water Services Committee will consider the final report on the performance of new infrastructure provided under this pilot programme. I will review the future role of group sewerage schemes in the provision of wastewater collections systems in the light of the Committee’s report and in the context of any proposals the Committee may put forward when it finalises the development of a strategy on the Rural Water Programme which it has been requested to produce.

Community Development 586. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the status of the RAPID funding application from Ballina Town Council, County Mayo; and when a decision will issue. [23804/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Two capital projects submitted by Ballina Town Council have been prioritised by Pobal under the RAPID Additionality Measure. The matter of progressing these projects to contract stage will be kept under active review in the light of availability of funding / levels of expenditure across my Department’s Vote during 2011 and, if necessary, into 2012. In the event that a portion of the funding becomes available this year, it is proposed that it be made available to projects in an equitable way on the basis of priority, subject to recommendations from Pobal under agreed criteria. Any decisions arising will be notified to all applicants as soon as possible.

Local Authority Expenditure 587. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he has given consideration to a combined e-procurement initiative as a

359 Questions— 14 September 2011. Written Answers

[Deputy Catherine Murphy.] means of cutting costs to local authorities; and if he will make a statement on the matter. [23903/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Local authorities have developed an on-line tendering/quotation solution LAQuotes.ie to streamline procurement processes for a range of supplies and services. This solution was developed by Kerry County Council in 2003 and is centrally managed by the Council on behalf of participating local authorities. The development of LAQuotes.ie has introduced greater efficiencies into the procurement process in the local government sector resulting in on-going savings and benefits both to the sector and to suppliers. It has been estimated that the system has yielded savings to local authorities in the order of €250 million in the period 2006-2009. In addition, the on-line tender solution LABitumen.ie has been developed to streamline the tendering process for bitumen emulsions for all local authorities. My Department has been working with local authorities to advance the efficiency agenda. The first progress report on the Local Government Sectoral Action Plan to the Implementation Body on the Public Services Agreement has identified savings of €223 million for the reporting period to the end of March 2011, of which some €30 million relates to procurement. Earlier this year, I established the independent Local Government Efficiency Implemen- tation Group. This Group has been tasked with driving forward relevant recommendations of the Local Government Efficiency Review Report (July 2010) in areas including shared services, procurement, value for money and audit. The Group has been asked to focus on key recommendations that will remove costs and yield earliest financial gains for the benefit of the sector. The Group is to report to me at regular intervals with its first report to be submitted shortly. The Implementation Group recently considered a submission on procurement from the County and City Managers’ Association. Local authorities are committed to exploiting the potential that exists for additional savings in this area, primarily through increased aggregation in procurement at regional level, maximising the use of National Procurement Service Frame- work Agreements, where appropriate, extending low value purchase cards across the sector and further developing the LAQuotes system.

Environmental Policy 588. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government with reference to section 3 of the Environment (Miscellaneous Provisions) Act 2011, the reason the provisions of this section relate solely to enforcement actions in relation to compliance with conditions of a consent or a licence under the applicable statutory instruments and not to the issuing of primary consents or licences; and if he will make a statement on the matter. [23948/11]

589. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government with reference to section 3 of the Environment (Miscellaneous Provisions) Act 2011, the reason the provisions of this section relate solely to enforcement actions in relation to compliance with conditions of a consent or a licence under the applicable statutory instruments and not to enforcement actions in which no consent or licence has been obtained; and if he will make a statement on the matter. [23949/11]

590. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government with reference to section 3 of the Environment (Miscellaneous Provisions) Act 2011, his views that the enactment of the Act allows for the ratification by Ireland of the

360 Questions— 14 September 2011. Written Answers

Aarhus Convention; and if so, when he proposes to proceed to ratification; and if he will make a statement on the matter. [23950/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I propose to take Questions Nos. 588 to 590, inclusive, together. Section 3 of the Environment (Miscellaneous Provisions) Act 2011 was introduced to further strengthen Ireland’s implementation of Articles 9.3 and 9.4 of the Aarhus Convention. It ensures that where individuals have standing in law, they can bring environmental cases to court without facing prohibitive costs; it is part of a suite of measures that have been implemented to help Ireland comply with the requirements of the Convention. In respect of legal actions related to the issuing of consents or licences, Judicial Review is the appropriate mechanism for such actions. The costs rule which applies for Judicial Review, where the consent is one that is relevant to either Directive 85/337/EC on Environmental Impact Assessment or Directive 2008/1/EC on Integrated Pollution Prevention and Control, is set out in Section 50B of the Planning and Development Act 2000 (as inserted by the Planning and Development (Amendment) Act 2010 and amended by the Environment (Miscellaneous Provisions) Act 2011). This costs rule is similar to that introduced in Section 3 of the Envir- onment (Miscellaneous Provisions) Act 2011. Enforcement actions where no consent or licence has been obtained are a matter for the appropriate regulatory body, such as the Environmental Protection Agency, An Bord Pleanála, local authorities or other State body, as the case may be. Such actions are not subject to the costs rule introduced by the Environment (Miscellaneous Provisions) Act 2011 as I do not believe that operators who engage in licensable activities without the appropriate licences should have the benefit of such a rule. I intend to proceed with ratification of the Aarhus Convention in the near future, following an analysis of all implementation measures by my Department in conjunction with the Office of the Attorney General

Water and Sewerage Schemes 591. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the position regarding the Caherdaniel sewerage scheme (details supplied), County Kerry; and if he will make a statement on the matter. [23987/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Kerry. The Programme includes contracts under construction and to commence to the value of over €92 million in Kerry during the period of the Programme. However, the Caherdaniel Sewerage Scheme was not amongst the priority contracts and schemes selected for inclusion in the current Programme. The Programme aims to prioritise projects that target environmental compliance issues and support economic and employment growth. A key input to the development of the Programme was the assessment of needs prepared by local authorities, including Kerry County Council, in response to my Department’s request to the authorities in 2009 to review and prioritise their proposals for new capital works in their areas. These were subsequently appraised in the Department in the context of the funds available and key criteria that complemented those used by the authorities. Inevitably, through this process, certain projects that had been proposed had to give way to others that were more strategically important at that time.

361 Questions— 14 September 2011. Written Answers

[Deputy Phil Hogan.]

Progress under the Water Services Investment Programme 2010-2012 , has recently been reviewed and through this process, consideration was given to any newly emerging priority contracts and schemes submitted by local authorities for addition to the Programme. No proposal for the Caherdaniel Sewerage Scheme was received from Kerry County Council in response to the review process.

Greenhouse Gas Emissions 592. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government the steps he has taken in progressing legislation dealing with climate change; if he will publish any reviews that he has undertaken in relation to same; and if he will make a statement on the matter. [24011/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): My immediate priority on climate change is to finalise a review of national policy in light of existing and anticipated national greenhouse gas mitigation targets. The review, which is almost finalised and will be made available as soon as possible on my Department’s website, will provide the background for future policy development.

Noise Pollution 593. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government when will legislation tackling noise pollution be introduced; the measures that will be proposed; and if he will make a statement on the matter. [24041/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): The Programme for Government includes a commitment to address noise pollution through the introduction of fixed payment notices (also known as on-the- spot fines) and provision for mediation between neighbours. The development of new noise legislation by my Department will be considered in the context of this commitment; however, it is not possible at this time to indicate when the legislation will be published. Currently, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation. A public information leaflet A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available on my Department’s website www.environ.iehttp://www.environ.ie/.

Departmental Agencies 594. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the number of staff and respective budget of each regulator under his responsibility; and if he will make a statement on the matter. [24233/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): In line with the definition of “regulatory body” set out in the report — Bodies in Ireland with Regulatory Powers — published by the Department of the Taoiseach in February 2007, information in respect of the regulators related to my Department is set out as follows. In relation to the four regulatory bodies under the aegis of my Department, the table sets out the regulatory role, staffing numbers at end June 2011, and the estimated expenditure in

362 Questions— 14 September 2011. Written Answers

2011. These bodies are funded by a combination of Exchequer funding, own resources income such as fees and, in the case of the Environmental Protection Agency, from the Environment Fund.

Name of Body Regulatory Role No of Staff Estimated Employed (WTE end expenditure 2011 June 2011) €m

An Bord Pleanála An Bord Pleanála determines appeals 159 12.829* against decisions by planning authorities 3.628 ** on applications for permission for Total: 16.457 development of land. The Board also assesses and determines proposals for major infrastructural developments by local authorities including roads and motorways, and certain types of strategic infrastructure development proposed by other infrastructural providers. Environmental The Environmental Protection Agency has 326 46.996*** Protection Agency a wide range of functions to protect the 14.539** environment. Its primary activities Total 61.535 include: licensing, law enforcement, planning and guidance, monitoring and reporting, research and the implementation of a number of EU Directives. Private Residential The Private Residential Tenancies Board 60**** 8** Tenancies Board resolves disputes between landlords and tenants, operates a national tenancy registration system and provides information and policy advice on the p Private rented sector. Radiological The Radiological Protection Institute of 46 3.323* Protection Institute Ireland regulates by licence the custody, 2.123** of Ireland use manufacture, importation Total 5.446 transportation, distribution, exportation and disposal of radioactive substances, irradiating apparatus and other sources of ionising radiation. It also provides a radioactivity measurement and certification service and prepares codes and regulations for the safe use of ionising radiation. * Exchequer funding ** Own resources *** Includes funding from both Exchequer and Environment Fund ****PRTB WTE includes 23 employment agency staff.

Regulatory functions arising from my Department’s mandate are also carried out by local authorities, and staffing numbers associated with the discharge of these functions are included in local authority overall staffing numbers. The costs of discharging regulatory functions by local authorities are provided for in the overall local authority annual revenue budgets. These totalled just over €4.6 billion in 2010 and are projected to total in the region of €4.5 billion in 2011.

Private Rented Accommodation 595. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the annual amounts paid out to private landlords and local authorities in the form of RAS and RAS type arrangements; the number of such payments or arrangements; and the average amount of these payments on an annual and monthly basis. [24245/11] 363 Questions— 14 September 2011. Written Answers

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Under the legislative provisions governing rent supplement, the Department’s relationship is with the tenant; the tenant makes the application for rent supplement and payment is made to the tenant. Rent supplement is specifically for the benefit of tenants to assist them with their temporary accommodation needs. Legislation provides for the making of a rent supplement payment to another person (e.g. a relative, a landlord or landlord’s agent) on behalf of the recipient. This is at the tenant’s request and is subject to the consent of the Community Welfare Service. Approximately 20% of rent supplement payments are currently paid to a person other than the tenant. Rent supplement expenditure in 2010 was in the sum of €516 million. The table gives a breakdown of rent supplement by recipients, expenditure and average payments for 2011.

Rent Supplement by Recipients, Expenditure and Average Payment by month, 2011

Period Recipients Expenditure Average Payment (1) (2) (3)

€m January 2011 96,532 39.51 99.75 February 2011 96,899 41.84 99.69 March 2011 97,288 44.32 99.52 April 2011 97,430 41.75 99.22 May 2011 97,323 41.60 99.18 June 2011 96,809 42.42 99.14 July 2011 96,823 41.50 98.92 August 2011 95,896 40.73 98.86 (1) At end of month (2) During month (3) Average figures based on extracts of relevant rent payment files, May 2011 estimated.

Social and Affordable Housing 596. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will outline the average cost of building a new social home, based on the most recent builds by local authorities in the post property slump period, and taking into account the fall in building costs in recent times. [24246/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): Based on the tender costs received in my Department, the current average unit cost is now in the order of €125,000, approximately 21% lower than was the case at the height of the boom. Given that there have been a limited number of construction tenders in the recent past, the sample used is very small and the results therefore need to be interpreted with caution. This figure does not include additional costs such as design team fees, public utility charges or site costs which add on average 15% to the construction costs. Site costs are not included as these may vary significantly, depending on whether the land used was already in the possession of the local authority, or if and when it was purchased by the local authority.

Local Authority Housing 597. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the amount of rental revenue derived for the State, via local authorities, 364 Questions— 14 September 2011. Written Answers from local authority housing over the past five years and breaking these figures down on an annual basis and by local authority area. [24247/11]

598. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will provide the number of local authority houses in the State and the average annual or monthly rent received per local authority house, and breaking these figures down by local authority area. [24248/11]

Minister of State at the Department of the Environment, Community and Local Government (Deputy Willie Penrose): I propose to take Questions Nos. 597 and 598 together. Detailed data in respect of rental revenue accruing from local authority rented dwellings since 2003 can be viewed on my Department’s website, www.environ.iehttp://www.environ.ie/. Data in respect of 2010 output have not yet been finalised.

Environmental Policy 599. Deputy Richard Boyd Barrett asked the Minister for the Environment; Community and Local Government the possible fines Ireland will face in view of the fact that the Environmental Protection Agency predicts that Ireland will breach EU 2020 targets; and if he will make a statement on the matter. [15888/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Greenhouse gas emission projections issued by the Environmental Protection Agency for the period 2013 to 2020 are based on various assumptions. It is a matter for Government to develop and implement appropriate policies to meet our climate change commitments, having regard, inter alia, to the projections. I am satisfied that Ireland can and will meet its 2020 greenhouse gas emission reduction obligations under EU law. This will be achieved through progress on the domestic climate agenda, complemented as necessary by use of flexibilities provided in Decision 406/2009/EC of 23 April 2009.

Proposed Legislation 600. Deputy Derek Keating asked the Minister for the Environment, Community and Local Government his plans to legislate for the regulation and management of standards of undertakers nationally; if he has control over the cost of funerals, the cost of graves and the cost of cremation; and if he will make a statement on the matter. [23964/11]

Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I have no plans to legislate for the management and regulation of undertakers. Under the 1878 Public Health (Ireland) Act, as amended, local authorities, acting in their capacity as burial boards, are responsible for the management, regulation and control of burial grounds provided by them and it is a matter for them to determine the cost of burial plots. Other burial grounds and crematoria are provided by commercial enterprises or by not-for- profit organisations subject to planning legislation.

Garda Vetting of Personnel 601. Deputy Alex White asked the Minister for Justice and Equality if he has satisfied himself with the level of Garda vetting in place for sports organisations here; the sports organisations that are availing of vetting via the Garda central vetting unit; the number of applications for the vetting of sports personnel have been received by the Garda central vetting unit from each such sports organisation in 2010 and to date in 2011; when the Garda Vetting Bill is expected

365 Questions— 14 September 2011. Written Answers

[Deputy Alex White.] to be published; if the Irish Sports Council has indicated to each funded sports organisations that the vetting of all persons working with children and vulnerable adults is a mandatory requirement. [22814/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda Auth- orities that 45 sporting bodies under the auspices of the Irish Sports Council are registered with the Garda Central Vetting Unit for Garda Vetting services. A detailed breakdown of the sporting bodies and the number of Garda Vetting Applications received from these organisations in 2010 and 2011 is set out in the table below.

List of Sporting Organisations registered with GCVU Applications received in Applications received in as at 13/9/2011 2010 2011 (up to 13/9/2011)

Angling Council of Ireland Nil 80 Athletics Assoc of Ireland 1,613 711 Badminton Ireland 110 76 Basketball Ireland 77 87 Baton Twirling Sports Assoc of Ireland Nil Nil Community Games 513 413 Irish Cricket Union 51 52 Camogie Association 2742 1791 Cycling Ireland 27 22 Football Association Of Ireland 1202 1770 GAA 11,694 8,318 Irish Amateur Archery Association 60 Nil Irish Amateur Boxing Association 153 343 Irish Amateur Rowing Association 13 21 Irish Canoe Union Nil Nil Irish Gymnastics Ltd 295 59 Irish Hockey Association 3 52 Irish Judo Association 38 1 Irish Martial Arts Commission 110 159 Irish Motorsports Association Nil Nil Irish Olympic Handball Assoc Nil Nil Irish Orienteering Association 4 2 Irish Pony Club 126 73 Racquetball Assoc of Ireland 8 0 Irish Rugby Football Union 189 1,124 Irish Sailing Association 100 77 Irish Squash Association 28 16 Irish Surfing Association 17 106 Irish Table Tennis Association 23 5 Irish Taekwondo Union 12 13 Irish Tenpin Bowling Association Nil Nil Junior Golf 288 291 Ladies Gaelic Football Association 606 1,353 Motorcycling 27 6 Mountaineering Council of Ireland 14 12 ONAKAI 37 35 Paralympic Council of Ireland 19 63

366 Questions— 14 September 2011. Written Answers

List of Sporting Organisations registered with GCVU Applications received in Applications received in as at 13/9/2011 2010 2011 (up to 13/9/2011)

Pitch & Putt Union Ireland 12 31 Scouting Ireland 2,374 1,371 Billiard + Snooker Association 10 3 Special Olympics 4,063 871 Swim Ireland 180 687 Tennis Ireland 406 300 Triathlon Ireland 13 72 Volleyball Association of Ireland 70 21

The Deputy will appreciate that the Irish Sports Council is not a body that operates under the aegis of my Department. However, I can inform the Deputy that it has played an important role, in co-operation with the Garda Central Vetting Unit, in recent years in rolling out Garda vetting services to sporting organisations around the country. The Garda Central Vetting Unit maintains ongoing contact with the registered sporting organisations and the Irish Sports Council to ensure the maintenance of best practice in the vetting process. The Deputy will be aware that the Government has approved the draft scheme of a National Vetting Bureau Bill which will establish a statutory basis to underpin vetting procedures for persons to work with children and vulnerable adults. The Bill will be published in accordance with the Government’s legislative programme.

National Lottery Funding 602. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the position regarding the reduction of the budget of an association (details supplied) by 30%; and the steps he will take to reinstate original funding; and if he will make a statement on the matter. [23064/11]

Minister for Justice and Equality (Deputy Alan Shatter): I acknowledge the Deputies views in relation to the reduction of the allocation for the Charitable Lotteries Scheme. Nevertheless, the present economic circumstances facing the country cannot be ignored. The position at present is that the total amount of expenditure on schemes part funded by the National Lottery, including the Scheme of Assistance for Charitable Lotteries, exceeds the amount available from the National Lottery Fund. Unfortunately, in light of the current position, the amount of expenditure under the Charitable Lotteries Scheme must be curtailed and the amounts payable to successful applicants under the Scheme in 2011, like other expenditure programmes, must be carefully considered. The Deputy will appreciate, given that the Scheme has not yet been advertised, that decisions on the amount to be paid to successful applicants in 2011 have not yet been made. It is my intention to advertise this Scheme shortly.

603. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality if charitable lotteries fund support for an organisation (details supplied) will be restored to its previous level, prior to the 30% reduction; and if he will make a statement on the matter. [23106/11]

[Deputy Alan Shatter.] amount available from the National Lottery Fund. Unfortunately, in light of the current position, the amount of expenditure under the Charitable Lotteries Scheme must be curtailed and the amounts payable to successful applicants under the Scheme in 2011, like other expenditure programmes, must be carefully considered. The Deputy will appreciate, given that the Scheme has not yet been advertised, that decisions on the amount to be paid to successful applicants in 2011 have not yet been made. It is my intention to advertise this Scheme shortly.

Proposed Legislation 604. Deputy Eric Byrne asked the Minister for Justice and Equality the position regarding the Personal Insolvency Bill; and when same is expected to enacted. [23428/11]

Minister for Justice and Equality (Deputy Alan Shatter): In line with the commitment in the Programme for Government and the EU/IMF Programme of Financial Support for Ireland, a Personal Insolvency Bill is in the course of being developed in my Department with a view to being published in early 2012 or earlier if possible. It will provide for a comprehensive new framework for settlement and enforcement of debt and for personal insolvency. It is planned to furnish a copy of the Heads of the Bill when complete to the Joint Oireachtas Committee on Justice, Defence and Equality for its consideration and comment. The Civil Law (Miscellaneous Provisions) Act 2011 contains some interim measures in relation to reform of the law on bankruptcy. The period for application to the court for discharge of bankruptcy is reduced from 12 years to 5 years, albeit subject to the same conditions as at present. An adjudication of bankruptcy will be automatically discharged after 12 years. I am arranging to bring those measures into operation by Order in the very near future.

Financial Legislation 605. Deputy Eoghan Murphy asked the Minister for Justice and Equality if his attention has been drawn to the Start Mortgages decision; and the steps that are being taken to revise the 2009 legislation in regard to response orders by including amending legislation in the miscellaneous provisions bill. [23723/11]

Minister for Justice and Equality (Deputy Alan Shatter): The position is that my Department is in consultations with the Office of the Attorney General regarding the implications of the High Court judgment concerned. The action to be taken is dependent on the outcome of those discussions.

Departmental Schemes 606. Deputy Terence Flanagan asked the Minister for Justice and Equality the amount of the contribution from the Exchequer to the Garda health scheme; and if he will make a statement on the matter. [24012/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda Auth- orities that the total amount provided from the Garda Vote in 2010 to St. Paul’s Medical Society was €195,664. This includes a subvention for postage and telephone, a grant-in-aid and staff costs.

Proposed Legislation 607. Deputy Brendan Griffin asked the Minister for Justice and Equality when changes to

368 Questions— 14 September 2011. Written Answers right of way law will come into effect; if he will give details of these changes; and if he will make a statement on the matter. [24123/11]

Minister for Justice and Equality (Deputy Alan Shatter): The position is that Parts 12 and 13 of the recently-enacted Civil Law (Miscellaneous Provisions) Act 2011, which contain amendments to the Land and Conveyancing Law Reform Act 2009 and the Registration of Title Act 1964 respectively, amend the law relating to the acquisition of easements, including rights of way, by prescription. The amendments permit the Property Registration Authority (PRA) to register such an easement without a court order where there is no disagreement between the parties concerning entitlement to the easement concerned. The period during which easements acquired, or in the process of acquisition, prior to 1 December 2009 (the date the 2009 Act came into force) may be registered has also been extended from 3 years to 12 years. Implementation of the new PRA scheme will require changes in the Land Registration Rules. I understand that the Registration of Deeds and Title Rules Committee will meet soon to make the rules which are necessary to facilitate the scheme.

Legal Aid Service 608. Deputy John Halligan asked the Minister for Justice and Equality if his attention has been drawn to the waiting period for persons applying for free legal aid; if his further attention has been drawn to some instances people are waiting between four to five months to be provided with public representation; his plans to rectify this situation; and if he will make a statement on the matter. [22679/11]

Minister for Justice and Equality (Deputy Alan Shatter): I wish to inform the Deputy that under the Civil Legal Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions. However, as a courtesy to the Deputy I have obtained the information sought and am providing it to the Deputy. I am informed by the Board that there has been a very significant increase in demand for general civil legal aid services in the last number of years and particularly since the economic downturn. The number applying for services in the first six months of this year was almost the same as sought legal services in the whole of 2007. This has given rise to increased waiting times in most areas for matters that are not prioritised. Prioritised matters continue to get an immediate or near immediate service. The sort of matters prioritised include cases involving domestic violence, the risk of children going into care, child abduction, and critical dates being close to expiry. Some other cases that are heard in the District Court are also given earlier appointments. The Legal Aid Board has in place an ‘advice only’ service for non-prioritised matters where an applicant is likely to be waiting to for more than four months to have a first appointment with a solicitor. The aim of this service is that the applicant gets legal advice about their problem prior to getting a substantive service. The Board is keeping all of its services under review with a view to trying to ensure that its resources are used as efficiently and effectively as possible. I should point out that what is provided is ‘legal aid’ and not ‘free legal aid’. The vast majority of persons receiving services from the Legal Aid Board pay a small financial contribution.

Garda Vetting of Personnel 609. Deputy Mary Mitchell O’Connor asked the Minister for Justice and Equality his views

369 Questions— 14 September 2011. Written Answers

[Deputy Mary Mitchell O’Connor.] on a proposal to speed up the Garda vetting process by introducing a system that allows a person who receives Garda clearance to benefit from that clearance for the lifetime of the relevant position of employment, and it would be valid for one full year if that person wishes to apply for a voluntary position or another job within that time; and if he will make a statement on the matter. [22680/11]

Minister for Justice and Equality (Deputy Alan Shatter): Garda vetting certificates are issued to specified registered organisations in respect of a particular post or employment in response to a written request and with the permission of the person who is the subject of that request. Decisions on the suitability for the recruitment/engagement of the person concerned rest at all times with the recruiting organisation. The Garda Vetting certificate is non-transferable. It is important to emphasise that it is a disclosure to the requesting, registered organisation of the position in respect of a person at the time when it is issued. Furthermore, non-transferability protects against the risk of fraud or forgery of such certificates and is a guarantee of the integrity of the vetting system. I fully appreciate the importance of processing vetting applications within a reasonable time frame and I am determined to address this aspect of the process. The present, average processing time for applications is approximately 10 weeks. A number of measures are being taken to improve the situation. The sanction of the Depart- ment of Finance has been obtained to retain the services of ten temporary employees in the GCVU. A further sanction has been obtained to engage an additional ten temporary employees for the Unit and the process of recruiting these is underway. In addition, further steps are under consideration with a view to improving processing turnaround times. All of this should have a positive impact.

610. Deputy Tom Fleming asked the Minister for Justice and Equality if he will review the delay in processing of Garda vetting of persons seeking work in some professions in which Garda clearance is required; and if his attention has been drawn to the fact that it is prohibiting and delaying many persons acquiring work regarding both temporary and full time jobs.. [22716/11]

370 Questions— 14 September 2011. Written Answers cation. Registered organisations have been advised to take account of this in their recruitment and selection processes. In addition, the average processing time for vetting applications also fluctuates in line with periods of increased demand. The GCVU has managed a substantial increase over recent years in the numbers of vetting applications it receives from around 188,000 in 2007 to almost 292,000 in 2010. At present, there are approximately 55,000 applications in the course of being processed. I am informed by the Garda Authorities that at present there is a total of five Gardaí, 76 full-time Garda civilian personnel and ten temporary civilian personnel assigned to the GCVU. This represents a very significant increase in the level of personnel assigned to the unit, which stood at only 13 before the current process of development in Garda vetting began in 2005.

Departmental Expenditure 611. Deputy Shane Ross asked the Minister for Justice and Equality the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22727/11]

651. Deputy Shane Ross asked the Minister for Justice and Equality the amount his Depart- ment has spent on taxis for staff and for others in each of the past four years. [23454/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 611 and 651 together. I can inform the Deputy that while the recording of expenditure on taxi services does not allow for the precise identification of all the spend under this heading, the identified spend for the last four years by my Department as is set out in the table below. No money has yet been allocated for taxi services in 2012.

Year €

2008 91,447.94 2009 40,411.17 2010 30,048.66 2011 to date 11,541.74

As can be seen, the amount of money spent on taxi services has been significantly reduced over the period in question with every opportunity taken to reduce costs in light of budgetary constraints. My Department also re-tendered in 2010 for the provision of taxi services and the contract was awarded to a new provider which has resulted in further savings. In addition, the Department has made use of two official vehicles which can be configured as the need arises for use as people carriers or for carrying materials. The use of these vehicles not only assists in the efficient discharge of Departmental business but has also given rise to significant savings in taxi costs which would otherwise be required in the absence of such a facility. The Depart- mental policy is that taxis may only be used by staff for business reasons where absolutely essential and where public transport or other cheaper alternatives are either not available or are not viable. 371 Questions— 14 September 2011. Written Answers

Deportation Orders 612. Deputy Jonathan O’Brien asked the Minister for Justice and Equality the practices and procedures that are in place to ensure that both the human rights and dignity of individuals subject to deportation are protected in view of a second failed deportation flight from Ireland in seven months; the way the costs to the State are kept to a minimum; and if he will make a statement on the matter. [22746/11]

Minister for Justice and Equality (Deputy Alan Shatter): The removal of individuals from the State in compliance with the provisions of the law is, by its nature, a difficult process. It is however a necessary feature of the enforcement of immigration-related legislation where individuals do not exercise the option available to them to leave the State voluntarily when they have not got permission to remain in the State, or where they may not be in a position to exercise that option. In enforcing the law in this respect, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory. In all cases, the members of the Gardaí attached to the Garda National Immigration Bureau (GNIB) who exercise the removal function do so in keeping with the law, upholding human rights principles and treating individuals fairly and respectfully. In this regard, the Gardaí act no differently than they do when discharging any of their many other law enforcement functions. The detailed arrangements governing deportation flights are complex and require co-operation between many agencies. These flights also require a large degree of co-operation from other countries; some of which have no diplomatic representation here. Flight plans, overflight permits, landing permits, refuelling stops, identity papers, passports or other identity-type documents and so forth all have to be agreed with the authorities in the receiving jurisdiction. In some instances, similar issues may arise when removal flights pass through third country airspace. Ensuring that all these logistical and diplomatic issues are in order is a complex task and occasionally difficulties can arise very late in the process where, for example, a country may refuse entry to its airspace even where an overflight permit is in place for a charter flight. This is in fact what occurred with a charter flight which departed Dublin in July of this year to go to Lagos, Nigeria and on to Kinshasa, DR Congo. Despite having a valid permit to fly through Algerian airspace, when the flight reached Algeria, the Algerian aviation authorities refused permission for the charter to enter their airspace. Numerous attempts were made to resolve this problem during the flight but ultimately the flight had no option but to return to Dublin. Every effort is made to avoid such occurrences by, for example, working with other EU member states or by liaising with consular officials, including those based in the UK where there is no diplomatic representation here. In the other case referred to by the Deputy, the aircraft in question developed mechanical difficulties while on a scheduled stop at Athens airport. This was immediately prior to Christmas in 2010 in the period with very severe winter weather causing huge disruption to all flights. In those circumstances, it was not possible to secure an alternative aircraft at short notice. In both instances, the events which gave rise to the two flights in question not proceeding to their final destination were completely outside the control of the GNIB or my Department. Notwithstanding that however, all aspects of these flights were reviewed to ensure that where possible, all reasonable steps are put in place to avoid a recurrence of the events that gave rise to their non-completion.

372 Questions— 14 September 2011. Written Answers

In relation to the issue of costs regarding the two flights referred to by the Deputy, I can confirm that the costs of chartering each plane in December 2010 and in July 2011 respectively were fully borne by the company appointed to provide chartered aircraft and ancillary services to my Department. Finally, the Deputy may be assured that while the non-completion of these flights is unfortu- nate and has given rise to inconvenience, there is no question of the human rights or safety of individuals having been compromised on the occasions in question.

Illegal Immigrants 613. Deputy Michael McNamara asked the Minister for Justice and Equality his plans to review the Immigration, Residence and Protection Bill 2008 whereby non-EU volunteers may extend the period beyond the current three years stipulated in the Bill; if his attention has been drawn to an organisation (details supplied) have a excellent track record of supporting volunteers to provide effective service to the State at a low cost over an extended period. [22811/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Immigration, Residence and Protection Bill 2010 will provide a statutory framework within which immigration policies will be developed and amended as the need arises. It is not proposed to set out in primary legislation the detailed rules for different categories of migrants. This will be better achieved through regulations and administrative guidelines. New guidelines for volunteer workers came into effect on 1 January 2011 and these guidelines are available on the Irish Naturalisation and Immigration Service website (www.inis.gov.ie). The three year duration applies only to volunteers who are permitted to enter the State on or after 1 January 2011. It is not my intention at this time to extend this duration beyond three years. For volunteers lawfully present in the State prior to 1 January 2011 the guidelines provide for those persons to have their immigration permission renewed annually beyond the three year limit subject to the person meeting certain conditions. I understand that the organisation which the Deputy refers to has been accommodated over the years regarding their intake of non-EEA volunteers.

Direct Provision System 614. Deputy Willie O’Dea asked the Minister for Justice and Equality his views on the direct provision system that is in need of fundamental reform; his plans to review this system; and when that review will be expected to take place. [22851/11]

Minister for Justice and Equality (Deputy Alan Shatter): In response to this question, I will firstly explain the direct provision system, how it came about, why it remains a necessary feature of the State’s asylum and immigration system, and why legislative proposals before the House will, if passed, of necessity reduce the length of time persons stay in the system. The accommodation of asylum seekers through the direct provision system is the responsibility of the Reception and Integration Agency (RIA) of my Department. Direct Provision means that the State, through RIA, assumes responsibility for providing for asylum seekers suitable accommodation and certain other services on a full board basis. All accommodation costs, together with the costs of meals, heat, light, laundry and maintenance are paid directly by the State. Asylum seekers in direct provision accommodation also receive a weekly cash allowance which takes account of board and lodgings and other ancillary benefits provided through the direct provision system. Asylum seekers can also apply to Community Welfare Officers for assistance to meet a particular once-off need by way of an exceptional needs

373 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] payment under the Supplementary Welfare Allowance scheme. Payments under this category cover once-off costs such as back-to-school clothing and footwear. In addition to full board accommodation, RIA coordinates, through other Government bodies, a number of ancillary services to asylum seekers in direct provision accommodation. All asylum seekers are offered free medical screening on arrival in the State and are allowed access to health services on the same basis as for Irish citizens. Asylum seekers in direct provision accommodation will generally qualify for a medical card whereby they are eligible to receive a wide range of health services free-of-charge including GP services and prescribed medicines. Other HSE-provided supports include Public Health Nurse service as well as a dedicated asylum seeker psychological service in Dublin. Asylum seeker children are entitled to access free Primary and Post-Primary education on the same basis as an Irish citizen. In addition, English language supports are made available to adult asylum seekers; in some cases facilities are provided on-site in RIA accommodation centres for such classes. At a number of centres, the RIA has provided facilities for on-site preschool services. As of today, RIA has 40 asylum seeker accommodation centres throughout the country. The system is a constantly evolving one, taking account of the ebb and flow of residents and of the financial resources available to RIA. Overall demand for RIA services is declining. At the beginning of 2009, RIA was accommodating an overall number of 7,002 asylum seekers. Today, it is accommodating just over 5,600 persons, a reduction of almost 20 % during this period. The direct provision system was a necessary response to the increasing number of asylum seekers arriving into the State. Before 1999, these asylum seekers were treated as homeless under the then structures in place. These structures were entirely unsuited to the situation facing Ireland and the homeless service of the then Eastern Health Board could not cope and there was a serious prospect of widespread homelessness among asylum seekers. In response to this serious and unprecedented challenge, the organisation which was subsequently named the Reception and Integration Agency was established to coordinate the scheme of dispersal and direct provision for asylum seekers The direct provision system is only one element of the State’s response to its international obligations on the asylum issue. As well as educational, health and welfare costs there is the asylum determination system itself, as well as the downstream judicial and policing costs. In the period 2005 to 2009 inclusive, the total amount spent across the whole of Government on asylum seekers was €1,275.31 million of which €424.43 million was spent on the direct provision system. Quite clearly, meeting our international obligations in this respect consumes very considerable public monies. But Ireland is not unique in this respect. All countries which take their responsibilities in this area seriously are faced with similar calls on their financial resources. There are no cheaper alternatives to the direct provision system. In fact, if we were operating a system which facilitated asylum seekers in living independent lives in individual housing with social welfare support and payments, the cost to the exchequer would be double what is currently paid under the direct provision system. This was a key finding in the recent Value for Money Report on the direct provision system which was published in 2010 and is on the RIA website — www.ria.gov.ie. On the matter of application processing times and consequent length of time spent in the direct provision system, some cases can take significantly longer to complete owing to, for example, delays arising from medical issues or because of judicial review proceedings. All asylum applications and appeals are processed in accordance with the Refugee Act 1996 and

374 Questions— 14 September 2011. Written Answers high quality and fair decision-making in all cases continues to be a key priority at all stages of the asylum process. For the sake of completeness, it is necessary to point out that persons who are refused a declaration under section 17 of the Refugee Act 1996, as amended, enter what is commonly referred to as the “leave to remain” process which generally has two elements to it: an application for subsidiary protection and further consideration to be given under section 3 of the Immigration Act 1999, as amended. This is separate from the asylum or refugee status determination process. The processing of cases at this point is also complex and extremely resource intensive and there are no quick or easy decisions to make. Given the life changing consequences for the persons involved, these are decisions which must be taken with the most scrupulous care and attention. I have taken steps to speed up the processing of applications, primarily by redeploying staff from the refugee determination bodies. The Immigration, Residence and Protection Bill 2010 which I recently restored to the Dáil Order Paper provides for the introduction of a single procedure to determine applications for protection and other reasons to remain in the State. This should substantially simplify and streamline the existing arrangements. This reorganisation of the protection application processing framework will remove the current multi-layered processes and provide applicants with a final decision on their applications in a more straightforward and timely fashion. The Deputy is probably aware I am developing a number of amendments to the Bill before commencing Committee Stage which I hope to be in a position to take in the near future .

Garda Strength 615. Deputy Noel Harrington asked the Minister for Justice and Equality the number of reserve gardaí operational; his views on recruiting some of these into serving full time with the Garda; and if he will make a statement on the matter. [22854/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that, as of the latest date for which figures are readily available, the personnel strength of the Garda Reserve was 819. To date, some 40 members of the Garda Reserve have joined An Garda Síochána as full time members. The Garda Síochána (Admissions and Appointments) (Amendment) Regu- lations 2006 allow the Public Appointments Service to give due recognition to any satisfactory service by a person as a reserve member of the Garda Síochána.

Departmental Expenditure 616. Deputy Shane Ross asked the Minister for Justice and Equality, further to Parliamentary Question No. 246 of 14 July 2011, the position regarding same. [22871/11]

Minister for Justice and Equality (Deputy Alan Shatter): In Parliamentary Question No. 246 of 14 July 2011, the Deputy asked “... the total cost of hiring external public relations companies by his Department over the past decade ...”. I refer the Deputy to my reply to his Question, as follows:

I wish to inform the Deputy that the information requested is not readily available. Given the period of time concerned and the fact that my Department neither classifies nor records companies by type, for example, public relations, the information requested could only be compiled by the use of a disproportionate and inordinate amount of staff time and effort.

375 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.]

The reply clearly sets out why the information sought by the Deputy cannot be provided in this instance. I wish to inform the Deputy that this position remains unchanged.

Departmental Bodies 617. Deputy Dessie Ellis asked the Minister for Justice and Equality the reason a person (details supplied) did not receive a security clearance. [22876/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Deputy has clarified to officials in my Department that this question relates to an application made to the Private Security Authority (PSA). As the Deputy will be aware, the PSA, established under the Private Security Services Act 2004, is the regulatory body with responsibility for regulating and licensing the private security industry. The Authority is an independent body under the aegis of my Department and so the processing of licence applications is a matter solely for the Authority. I asked the Authority to respond directly to the Deputy on this particular matter and I understand that correspondence issued to him on 16th August 2011.

Asylum Applications 618. Deputy Ann Phelan asked the Minister for Justice and Equality the position regarding an asylum application in respect of persons (details supplied); and if he will make a statement on the matter. [22883/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Naturalis- ation and Immigration Service (INIS) that the position with each of the persons referred to by the Deputy is as follows. 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 first named person concerned was notified, by letter dated 25th November, 2009, that the Minister proposed to make a Deport- ation 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006. To date no representations have been received from or on behalf of the person concerned. However, on 8th March, 2011, the person concerned, through her legal representative, informed my Department that she wished to withdraw all outstanding applications for permission to remain in the State and to return voluntarily to her country of origin. My Department wrote to her legal representative on 8th March, 2011 in response to that letter seeking certain clarification and documentation but to date no reply has been received in my Department from the legal representative. The application of the second named applicant is registered at the appeal stage of the asylum process. As this application is the subject of Judicial Review proceedings in the High Court it would not be appropriate for me to comment further at this time. 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 third named person concerned was notified, by letter dated 14 December 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

376 Questions— 14 September 2011. Written Answers 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006. To date no representations have been received from or on behalf of the person concerned. However, on 8th March, 2011, the person concerned, through his legal representative, informed my Department that he wished to withdraw all outstanding applications for permission to remain in the State and to return voluntarily to his country of origin. Consequently, no further consideration will be given to the case of the person concerned under Section 3 of the Immi- gration Act 1999 (as amended). I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Proposed Legislation 619. Deputy Jim Daly asked the Minister for Justice and Equality the position regarding the revised Spent Convictions Bill; and if he will make a statement on the matter. [22911/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am pleased to say that considerable progress has been made in the preparation of the Criminal Justice (Spent Convictions) Bill. The Bill, which will build on the recommendations in the 2007 Law Reform Commission Report on Spent Convictions, will provide for the non-disclosure of certain convictions when a person is seeking employment, once certain conditions have been met. These conditions will relate mainly to the nature of the offence, the length of time since the person was convicted and the type of employment they are seeking. Certain convictions, including convictions for sexual offences will be excluded from the benefits of the Bill, while anyone wishing to work with children or vulnerable adults will have to disclose their previous convictions.

Drug Courts 620. Deputy Finian McGrath asked the Minister for Justice and Equality if his attention has been drawn to the positive results in drug courts which can reduce substance abuse and crime.. [22920/11]

Minister for Justice and Equality (Deputy Alan Shatter): My Department carried out a review of the Dublin Drug Treatment Court which was published in May 2010. The findings of the Review suggested there is some evidence that participants on the court’s programme have reduced rates of recidivism and improved health, education and social skills which impact positively on the participants themselves and the community. However, the Report identified issues to be addressed in terms of the court’s management and operation and particularly its throughput. As a result of that review an Advisory Committee was established which has met regularly to progress and monitor the implementation of the recommendations with the aim of improving the programme’s throughput and effectiveness. Drug treatment courts can make an important contribution as a restorative justice measure but international studies also indicate that they need to continuously evolve and develop. The aim with the Dublin Court is to develop its potential but to do so in line with international experience by continually reviewing the effectiveness of the programme to ensure that it is meeting its objectives and, if it is doing so, to continue to expand the use of the Drug Treatment

377 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] Court as an alternative to prison. I am happy to inform the Deputy that, following the work mentioned above, the catchment area served by the Drug Treatment Court has now been significantly expanded with effect from July 2011 and the court is now in a position to deal with offenders from a much wider catchment area including offenders who are resident in all areas of Dublin north of the river Liffey and to offenders receiving treatment in the Castle Street Drug Treatment Centre which provides services to people residing in Dublin 2,4,6 and 8. This welcome initiative has been undertaken with a view to increasing throughput with cooperation from the Health Services Executive in the provision of vital testing and treatment support services. It is intended that this expansion will be evaluated as part of a further review of the Drug Treatment Court in 2012.

Proposed Legislation 621. Deputy Terence Flanagan asked the Minister for Justice and Equality his views on upward only rent review clauses; the impact that action will have on Ireland’s image abroad as a stable home for foreign direct investment; and if he will make a statement on the matter. [22925/11]

Minister for Justice and Equality (Deputy Alan Shatter): As the Deputy will be aware, the Programme for Government indicates that legislation will be introduced to end upward only rent reviews for existing business leases. Following on from an initial consultation process with the Attorney General, I have forwarded outline proposals to her for further examination and development. Those proposals have already been the subject of preliminary discussion by Government and I envisage that the proposed legislation will be published during the current Dáil session. In the context of the examination of the issues arising in relation to upward only rent reviews, there are various considerations which need to be assessed, including the impact which any action would have in relation to foreign direct investment. I am confident that a balanced proposal can be advanced which will take due account of the views of all relevant stakeholders.

Departmental Expenditure 622. Deputy Michael Healy-Rae asked the Minister for Justice and Equality his views on a matter (details supplied) regarding a cleaning contract; and if he will make a statement on the matter. [22964/11]

Minister for Justice and Equality (Deputy Alan Shatter): I understand that an acceptable solution has been agreed by the parties involved and that the new contractor has engaged the services of the staff employed by the previous contractor.

Sentencing Policy 623. Deputy Clare Daly asked the Minister for Justice and Equality his views on reforming sentencing guidelines for the Judiciary to allow for multiple life sentences to be awarded for multiple murders in view of a recent documentary (details supplied); his further views on the introduction of a tariff system to accompany sentencing as exists in the UK whereby those convicted of murder or multiple murders must serve a set amount of time before applying for parole; and if he will properly resource the criminal injuries tribunal which is unable to make rulings in a timely fashion. [22966/11]

378 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I wish to inform the Deputy that judges are independent in the matter of sentencing as they are in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. Insofar as the role of the Houses of the Oireachtas is concerned, the traditional approach to sentencing is to lay down the maximum penalty and for a court, having considered all the circumstances of the case, to impose an appropriate penalty up to that maximum. The Deputy will be aware however that there are a small number of particularly serious offences, such as murder and drugs and firearm misuse where mandatory sentencing is required under statute. The judiciary has also, under the current Chief Justice, voluntarily established a committee to oversee the development of an electronic system which will collate information on the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. The resulting website, the Irish Sentencing Information System (ISIS) became operational as a pilot in August 2010. This publicly accessible resource includes statistics on sentencing, synopses of relevant court judgments and access to a database on actual sentences imposed in various crimes and cases. It provides a qualitative overview and a snap- shot in time of how the courts treat various offences, who committed them and the circumstances in which they took place. It also provides references to leading cases on sentencing, summaries of particular judgments of the Court of Criminal Appeal in the area of sentencing law and links to the judgments of that court and academic materials on the subject of sentencing. In my view this website has the potential in time to be a valuable tool not only for members of the judiciary but also for lawyers, researchers and those of us concerned with the needs of victims and their families. I understand that ISIS will be evaluated after it has been operating for some time. With specific regard to a sentence of life imprisonment, this means that the prisoner is subject to that sentence for the rest of his or her life. Such prisoners have no right to be released at any stage. Imposing multiple life sentences does not increase the severity of the sanction and has no effect in practice or law. While a prisoner who has been given a life sentence may apply for some form of temporary release to the Parole Board, should this be granted he or she remains subject to the original sentence and can be recalled to prison at any stage. Issues such as the gravity of the crime and the danger to the public posed by the individual would obviously be taken into consideration before any decision to grant temporary release is made. There is no automatic right to temporary release and prisoners who have committed particularly griev- ous crimes and continue to pose a threat will be kept in custody indefinitely. On the subject of the introduction of tariffs on prison sentences, it has not been the practice of this State to operate such a system. The term “tariff” is normally used to describe the minimum amount of time an offender should spend in prison as decreed by the Courts. Such a system allows no flexibility or acknowledgment of, for example, mitigating factors such as a particular commitment by a prisoner to rehabilitation that might warrant a shorter time in prison. Nor does it allow for any acknowledgment of the fact that offences and the circumstances giving rise to them can vary. Likewise, fixed sentences for certain offences such as 25 years for murder, restrict the discretion of the State to acknowledge differing factors prior to, and after, the commission of the offence, such as, for instance public safety in the context of the release of a prisoner. Even in the UK, for example, where such a tariff system operates, life sentence prisoners do not automatically receive parole on the expiry of their tariff. Instead, their release is a matter for the Parole Board who may decide that detention beyond the tariff is required. The Deputy might also be interested to note that the subject of criminal sanctions, including sentencing guidelines, has been a key component in the White Paper on Crime process which

379 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] my Department has been engaged in since 2009. It was addressed specifically in a consultation seminar held last year and was part of a discussion document and a call for written submissions. A wide range of detailed submissions was received in response to the discussion document and a report on these submissions, along with a summary of the consultation meeting, was published last year. These reports are available on my Department’s website (www.justice.ie). The input received will feed into the overall White Paper process and will provide a comprehensive framework for future crime policy in the form of a National Anti-Crime strategy. Finally, I wish to inform the Deputy that I am satisfied that the Criminal Injuries Tribunal does provide decisions to applicants more quickly, and without the need for expensive legal representation, than similar claims in the Courts.

Citizenship Applications 624. Deputy Patrick O’Donovan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [22981/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in May 2011. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Proposed Legislation 625. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will respond to a matter (details supplied) regarding casinos and private gambling clubs; and if he will make a statement on the matter. [22983/11]

Minister for Justice and Equality (Deputy Alan Shatter): The general position is that the Gaming and Lotteries Act 1956 as amended, prohibits gaming except as permitted by that Act. The position concerning casinos and private members clubs derives from section 4(1)(a) and (3) of that Act. Section 4(1)(a) states that “ No person shall promote or assist in promoting or provide facilities for any kind of gaming: (a) in which by reason of the nature of the game, the chances of all players, including the banker, are not equal, ... ”. The effect of that provision is that casinos are not permitted. As a result, there is no provision for the licensing of casinos. However, section 4(3) states that “Gaming shall not be unlawful if no stake is hazarded by the players with the promoter or banker other than a charge for the right to take part in the game, provided that:-

380 Questions— 14 September 2011. Written Answers

(a) only one such charge is made in respect of the day on which the game is played, and

(b) the charge is of the same amount for all players, and

Section 4(3) is relied upon by the private clubs, with the result that they are operating despite having no licence. In April 2009, the Gardai were unsuccessful in a prosecution against a private club for unlawful gaming in breach of section 4. The defence relied, inter alia, on section 4(3). That case highlighted the difficulties in bringing a successful prosecution. It demonstrated beyond doubt the need for reform of the present law. The confused state of the law on private clubs is but one issue needing reform, I am also aware that the present law makes no provision for, for example, on-line gambling. I hope to be able to say more soon on my plans in this area. Despite the difficulties outlined above, I want to emphasise that these clubs are subject to the general law on gaming, as set out in the 1956 Act, as well as to the public order and other relevant laws. The Garda Síochána monitor and visit these clubs as part of their general policing operations. In addition, persons directing private clubs offering casino games to members must comply with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. That Act requires private members’ clubs at which gambling activities are carried on to register with my Department; my Department’s anti money laundering unit follows up with inspection visits and other controls. It must be emphasised, however, that registration does not in any way convey any legitimacy on or regulation of the general gaming activities of these clubs.

Citizenship Applications 626. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will expedite the naturalisation case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [22990/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in August 2009. The application is currently being processed in the normal way with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision when processing is completed. In this regard, additional documentation requested from the person concerned has not yet been submitted. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Traveller Community 627. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will respond to a matter (details supplied) regarding illegal Traveller encampments; and if he will make a statement on the matter. [23008/11]

381 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I will contact the Deputy directly in relation to this matter.

Organised Crime 628. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will comment on a matter (details supplied) regarding prostitution and drug trafficking here; and if he will make a statement on the matter. [23012/11]

Minister for Justice and Equality (Deputy Alan Shatter): I can assure the Deputy that the development of appropriate and effective criminal justice responses to both prostitution and drug trafficking is the focus of ongoing work within my Department and its agencies. The Garda Síochána Policing Plan for 2011 sets out the commitment of An Garda Síochána to pro-actively target groups and individuals engaged in organised criminal activities, including prostitution and the importation, sale and supply of illegal drugs. To this end, An Garda Síoch- ána is committed to the use of intelligence-led operations and tactics, including those of specialist national units such as the National Bureau of Investigation, the Criminal Assets Bureau and the Garda Bureau of Fraud Investigation. The Criminal Assets Bureau is being actively utilised to identify and target funds accumu- lated by criminals, in order to seize such assets and to deprive them of the profits of their criminal activity. A dedicated unit within the Garda National Drugs Unit has been established to liaise with the Criminal Assets Bureau to particularly target those criminals and criminal groupings believed to be deriving profits and assets from drug-related criminal activity. This integrated approach adopts best practice in implementing a co-ordinated use of Garda resources and using available criminal legislation to its fullest extent. In addition, relevant Garda operations, such as operation ‘Quest’ which encompasses all Garda action against organised prostitution within the State, are reviewed on an ongoing basis to ensure their effectiveness. With regard to the strengthening of the laws which underpin the work of An Garda Síochána in this area, the Deputy will be aware that the Programme for Government includes a commitment to strengthen the powers of the Criminal Assets Bureau in relation to the forfeiture of the proceeds of crime. Work in this regard is ongoing. In relation to the particular question raised concerning the law governing prostitution and the purchase of sexual services, I can inform the Deputy that in this jurisdiction, the criminal law governing prostitution is aimed at protecting society from the more intrusive aspects of such activity from a public order perspective, while also seeking to protect prostitutes from exploitation. Under the existing law the sale or purchase of sexual services is not an offence. However associated activities which cause a public nuisance such as soliciting by either party to a transaction or the exploitation of prostitution such as pimping or running a brothel are criminal offences. In 2010, the Swedish Government completed an evaluation of its 1999 legislation criminalis- ing the purchase of sex. The Dignity Project, a research project funded by the EU, arranged a visit to Sweden to learn more about the evaluation and the delegation included representation from my Department. I am examining a report prepared by my Department following the visit to Stockholm and which was submitted to the Attorney General’s Office. I am also examining the Attorney’s recent advices concerning the legal and constitutional implications of introducing a ban on the purchase of sex.

382 Questions— 14 September 2011. Written Answers

More generally, the Deputy may also wish to be aware that my Department has engaged in a public consultation process to develop a White Paper on Crime with a view to developing a policy framework for future strategies to combat and prevent crime.

Asylum Applications 629. Deputy Dominic Hannigan asked the Minister for Justice and Equality the amount paid by his Department to a company (details supplied) in County Mayo since 2004 for facilities in County Sligo; and if he will make a statement on the matter. [23067/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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. Direct provision allows asylum seekers to be provided with full board accommodation and certain ancillary services while their applications for international protection are being processed. Today, RIA has contracted to it 40 accommodation centres around the country accommodating just over 5,600 persons, including the centre which is the subject of this question. 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 and facilities, which include accommodation, housekeeping etc., for a fixed sum over the period of the contract. 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. It is not in the interests of the taxpayer that details of current individual contracts are known to the public or to other parties who are, or may be in the future, engaged in negotiations with the RIA. Therefore, details of current contracts are not provided. Per diem payment rates to contractors, which may be gleaned from past data, are not necessarily a guide to current rates. For example, in 2009 negotiations took place with contractors to amend contracts to reduce costs to the taxpayer in the light of the prevailing crisis in the public finances and rates in new contracts also reflect the current financial reality. In relation to the centre in question, details from the first contract beginning in July 2004 to the contract ending in October, 2008 are shown in the table below. It shows the number of accommodation places provided during the currency of each contract and the overall value of each of the contracts. Note that contracts are not generally made for periods matching a calendar year and can span a number of years or simply a number of months. It can be said that the contract which began after October 2008, and which is ongoing, provides for a current accommodation capacity of 255.

Contract start date Contract end date Accommodation capacity Total value of contract of contract

30/7/2004 23/09/2004 120 €202,944 24/09/2004 04/11/2004 130 €164,892 05/11/2004 10/2/2005 200 €594,880 11/02/2005 30/10/2008 250 €10,252,900

Overall details of spending by RIA are provided in its Annual Reports of 2007, 2008, 2009 and 2010 which are available on its website — www.ria.gov.ie

Investigation into Anglo Irish Bank 630. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will reply to 383 Questions— 14 September 2011. Written Answers

[ Deputy Terence Flanagan.] a matter (details supplied) regarding the delay in the investigation into Anglo Irish Bank; and if he will make a statement on the matter. [23076/11]

642. Deputy Terence Flanagan asked the Minister for Justice and Equality the position regarding the investigation into Anglo Irish Bank; and if he will make a statement on the matter. [23173/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 630 and 642 together. I share the impatience of many people at the pace of the investigations into possible criminal behaviour at Anglo Irish Bank. I do not intend this as any criticism of investigators and pros- ecutors, who face tough challenges as a result of the complexities of the matters being investigated. At the same time, I am concerned to ensure that I do not say anything that could prejudice any possible prosecutions or any court hearing. It is imperative that such investigations are conducted in a thorough, methodical and comprehensive manner, so as to ensure that account is taken of all pertinent matters. If this is not done, there is a risk that any prosecutions that may proceed would be jeopardised. It was in the light of my concerns that I gave priority to the passage through the Oireachtas of the Criminal Justice Act 2011, which was enacted on 2 August and most of which was commenced on 9 August. This new legislation is intended to speed up investigations and prosecutions in relation to white collar crimes, both future investigations and those currently underway, by improving a number of important procedural matters and strengthening Garda investigative powers. On becoming Minister, I sought and received assurances that there were sufficient resources available to the investigations. I can assure the Deputy that this Government will continue to provide sustained support for the investigation in terms of resources, as well as the necessary legislative and administrative supports, and that if those involved in the investigations believe at any stage that additional resources are required that will be responded to. I am informed by the Garda authorities that, following the submission by the Garda Bureau of Fraud Investigation of two substantial investigation files relating to matters in Anglo Irish Bank to the Director of Public Prosecutions last December, a supplementary investigation file was submitted in May. The files remain under consideration by the DPP, and his directions are awaited. The investigation by An Garda Síochána and the Office of the Director of Corporate Enforcement is ongoing, in respect of both of these two investigations and also of other complaints received of alleged malpractice at Anglo Irish Bank. I understand that it is intended to submit further files to the DPP in the near future.

State Visits 631. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality if his attention has been drawn to the fact that many Garda divisions in Dublin will have to scale back their normal policing levels and operations in the final quarter of the year due to a significant shortfall in the Garda budget, in view of the fact that an unexpected and unbudgeted for €30 million had to be spent on the security operation around the visits of two foreign heads of State in May 2011; and if consideration will be given for a supplementary estimate to allow normal policing to happen. [23081/11]

384 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I have previously provided this House with details of the Garda expenditure incurred on the policing of the State visits of Queen Elizabeth and President Obama in May this year. In that context I am currently engaging with my colleague the Minister for Public Expenditure and Reform in connection with the arrangements to be made to cover the expenditure involved.

Garda Vetting of Personnel 632. Deputy Sean Fleming asked the Minister for Justice and Equality if there is a fast tracking mechanism introduced for Garda vetting for persons that are required to work in the health and care areas in view of the priorities to ensure that adequate staff are in place to deal with persons who require medical and other care support; his views on the time it takes to obtain Garda vetting for staff in these areas; and if he will make a statement on the matter. [23083/11]

633. Deputy Sean Fleming asked the Minister for Justice and Equality the categories of persons whose employment requires Garda vetting; if exemptions are granted; the procedure for granting exemptions; the position regarding medical staff that are recruited to work here from abroad; if each category of these staff such as consultants, doctors, nurse assistants and other care workers require garda vetting; and if he will make a statement on the matter. [23085/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 632 and 633 together. The function of the Garda Central Vetting Unit (GCVU) is to provide employment vetting for organisations in Ireland registered with the GCVU which employ/engage persons, who in the course of their work, will have substantial, unsupervised access to children and/or vulnerable adults. This would, of course, include organisations who engage healthcare professionals. The GCVU has no function in determining whether any individual or categories of individuals should be exempt from the requirement to obtain a Garda vetting certificate. Furthermore, there is no distinction drawn between individuals resident within this jurisdiction and those from abroad. I am informed by the Garda Authorities that, at present, the average processing time for vetting applications received at the GCVU is approximately 10 weeks. The processing time for vetting applications does fluctuate in line with periods of increased demand. In some cases additional time may be required where clarification is needed as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. I am further informed by the Garda Authorities that in order to observe equity and fairness in respect of applicants for Garda vetting, the general processing procedures are such that applications are processed in chronological order, from the date of receipt at the Vetting Unit. However, in order to cater for very exceptional circumstances, arrangements are in place with the HSE to expedite the processing of very urgent applications. It is clearly important that applications are processed within a reasonable time. While it is a fact there will always be a reasonably significant time period required to process an application, the length of time currently being taken is a matter of concern which I am determined to address. In that context, a number of immediate measures are being taken to improve the situation. The sanction of the Department of Finance has been obtained to retain the services of ten temporary employees in the GCVU. A further sanction has been obtained to engage an

385 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] additional ten temporary employees for the Unit and the process of recruiting these is underway. Registered organisations have been advised to take account of the time required to process applications in their recruitment and selection process and other measures aimed at improving turnaround times for applications are also under consideration. I would like to point out that the Gardaí make every effort to reduce the time to the minimum possible consistent with carrying out what are very necessary checks. The Government have approved the draft scheme of a National Vetting Bureau Bill which will establish a statutory basis to underpin vetting procedures for persons to work with children and vulnerable adults.

Prisoner Transfers 634. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if Irish citizens who are imprisoned overseas are entitled to repatriation when their permanent residence is within Northern Ireland. [23088/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Council of Europe 1983 Con- vention on the Transfer of Sentenced Persons provides a mechanism whereby prisoners sentenced abroad may be returned to Ireland in order to serve their sentences. The Transfer of Sentenced Persons Acts 1995 and 1997 provides the legislative basis for this Convention in Ireland. The purpose of the Convention, which is based on humanitarian considerations, is to overcome the difficulties posed for prisoners serving sentences in foreign jurisdictions, such as absence of contact with relatives and differences in languages and culture. Each case is decided on its own merits and in this regard consideration is given as to whether the person concerned would be ordinarily resident in this jurisdiction, were it not for their imprisonment. All applications for transfer are subject to a three way consent mechanism; that of the applicant, the sentencing state and the receiving state. It should be noted, however, that, even where all of the conditions are satisfied, there is no obligation on a State to comply with a transfer request.

Road Safety 635. Deputy John Lyons asked the Minister for Justice and Equality if the gardaí have the power, through existing legislation, to confiscate scramblers or motorised bikes which use public open spaces and cause annoyance to local communities; his views on updating the existing legislation in order that these vehicles can be confiscated without warning; and if he will make a statement on the matter. [23091/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that section 41 of the Road Traffic Act 1994, as amended, provides for the detention, removal, storage and subsequent release or disposal of a mechanically propelled vehicle. In summary, the provisions relate to a vehicle which is in use in a public place and which is uninsured, untaxed or does not have a test or roadworthiness certificate or the driver is, by reason of his or her age, ineligible to hold a driving licence. As road traffic legislation is the responsibility of my colleague the Minister for Transport, Tourism and Sport, the question of any amendments of the legislation is a matter for consideration by him.

386 Questions— 14 September 2011. Written Answers

636. Deputy Terence Flanagan asked the Minister for Justice and Equality the legal procedures (details supplied) regarding driver disqualification; and if he will make a statement on the matter. [23101/11]

Minister for Justice and Equality (Deputy Alan Shatter): The legal provisions regarding disqualification from driving are set out in road traffic legislation, which is the responsibility of my colleague the Minister for Transport, Tourism and Sport. I am informed by the Garda authorities that disqualification from driving may occur in three ways, by court disqualification, penalty point disqualification and the mutual recognition of driving disqualifications between Ireland and the United Kingdom. A court disqualification may be consequential (a disqualification as a penalty for a specific offence), ancillary (a disqualification imposed at the discretion of the court without prejudice to any other penalty imposed) or a special disqualification (applied for by a member of An Garda Síochána where in the opinion of the member the person concerned is deemed by reason of disease or physical or mental disability unfit to drive). I am also informed that a community Garda has been in contact with the person referred to by the Deputy, and the person has been advised of the procedures for making a complaint, if that person wishes to do so. Liaison will be maintained with the person, and ongoing foot and mobile patrols will be carried out by uniform and plain-clothes personnel in the area concerned.

Garda Deployment 637. Deputy Charlie McConalogue asked the Minister for Justice and Equality the number of gardaí currently employed and on active duty in the Border area (details supplied); if this number has increased or decreased in the past 12 months; and if he will make a statement on the matter. [23112/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that the personnel strength of each Garda Division referred to by the Deputy, as at 31 August 2010 and 31 August 2011 was as set out in the following table:

Division 31 August 2010 31 August 2011

Louth 316 310 Donegal 473 457 Cavan/Monaghan 406 374

Total 1,195 1,141

The Deputy will appreciate that, as with any large organisation, the numbers in any Division will fluctuate from time to time due to, for example, transfers, retirements, resignations etc.

Proposed Legislation 638. Deputy Patrick O’Donovan asked the Minister for Justice and Equality his plans to introduce regulations on the marketing and operation of money for gold outlets and agents to ensure the safety of the person selling the metal, and their property, is protected; and if he will make a statement on the matter. [23131/11]

Minister for Justice and Equality (Deputy Alan Shatter): My Department is currently finalising a report on the “Cash for Gold” trade and I anticipate that this will be submitted to me shortly for consideration. Following consideration of the position I will make an assessment as 387 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] to what, if any, further action, legislative or otherwise, may be required. I can assure the Deputy that following this assessment I will, in due course, make known the report’s findings and any proposals which may arise.

Garda Vetting of Personnel 639. Deputy Patrick O’Donovan asked the Minister for Justice and Equality the average waiting time to have Garda vetting completed; and if he will make a statement on the matter. [23133/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda Auth- orities that the average processing time for vetting applications received at the Garda Central Vetting Unit (GCVU) is approximately 10 weeks. I appreciate that it is important to process these applications in as timely a manner as possible and that the length of time currently being taken is a matter of concern which I am determined to address. A number of immediate steps are being taken to improve the situation. The sanction of the Department of Finance has been obtained to retain the services of ten temporary employees in the GCVU. A further sanction has been obtained to engage an additional ten temporary employees and the process of recruiting these is underway. Other measures aimed at improving turnaround times are also under consideration. All of this should have a positive impact on processing times. I should mention that, in processing an individual vetting application, additional time may be required in cases where clarification is needed as to the details provided or where other enquiries need to be made, for example, when the person in question has lived and worked abroad. It should be understood that while the Gardaí make every effort to reduce the time to the minimum possible consistent with carrying out what are very necessary checks, there will always be a reasonably significant period required to process a vetting application and registered organisations have been advised to take account of this in their recruitment and selection processes. In addition, the average processing time for vetting applications also fluctuates in line with periods of increased demand. The GCVU has managed a substantial increase over recent years in the numbers of vetting applications it receives from around 188,000 in 2007 to almost 292,000 in 2010. At present, there are approximately 55,000 applications in the course of being processed. I am further informed by the Garda Authorities that at present there is a total of five Gardaí, 76 full-time Garda civilian personnel and ten temporary civilian personnel assigned to the GCVU. This represents a very significant increase in the level of personnel assigned to the unit, which stood at only 13 before the current process of development in Garda vetting began in 2005.

Citizenship Applications 640. Deputy Sean Fleming asked the Minister for Justice and Equality the position regarding persons who are living legally here for some years and have been working here and have applied for a certificate of naturalisation and later lose their job; if this affects the naturalisation process; and if he will make a statement on the matter. [23152/11]

Minister for Justice and Equality (Deputy Alan Shatter): All applications for a certificate of naturalisation are processed and assessed individually under the provisions of the Irish Nationality and Citizenship Act 1956, as amended. Section 15 of the Act provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation

388 Questions— 14 September 2011. Written Answers provided certain statutory conditions are fulfilled. In particular, these conditions require that an applicant is of good character; has 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, has had a total residence in the State amounting to four years; that he or she intends in good faith to continue to reside in the State after naturalisation; and has made a declaration in the prescribed manner of fidelity to the nation and loyalty to the State. The Minister makes a decision in each case based on the entirety of the information presented. Losing employment, of itself, does not affect a persons eligibility for citizenship.

Garda Deployment 641. Deputy Finian McGrath asked the Minister for Justice and Equality if he will increase the number of immigration officers at Dublin Airport (details supplied) [23162/11]

Minister for Justice and Equality (Deputy Alan Shatter): The allocation of members of An Garda Síochána, appointed by me as Immigration Officers, on immigration control duties at Dublin Airport is closely monitored by local Garda Management and the Commissioner, An Garda Síochána, who in turn consult with the Dublin Airport Authority, which has responsibility for the management and operation of Dublin Airport. The situation is kept under constant review to ensure minimum disruption to members of the public passing through Immi- gration controls while, at the same time, ensuring that the relevant immigration legislative provisions are effectively and efficiently enforced to prevent and detect breaches of the criminal law at Ports of Entry to the State, including Dublin Airport. Senior Garda Management at the Garda National Immigration Bureau (GNIB) liaise closely with senior management of the Dublin Airport Authority (DAA) to identify the times at which increased passenger numbers are expected so that every effort is made, given the operational nature of the duties being undertaken by members of An Garda Síochána in enforcing the provisions of the immigration legislation, to ensure that an adequate number of Garda Immi- gration Officers are deployed at these peak times. I should also add that the arrangements for enforcing immigration control generally are kept under ongoing review.

Question No. 642 answered with Question No. 630.

Asylum Applications 643. Deputy Joe Costello asked the Minister for Justice and Equality if he will grant subsidiary protection to a person (details supplied) in view of the offer of refuge from the International Cities of Refuge Network; and if he will make a statement on the matter. [23183/11]

Minister for Justice and Equality (Deputy Alan Shatter): The asylum application lodged by the person concerned was considered by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee. 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 13th April, 2011, 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-

389 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] tion in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. 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. The Deputy should note that the Subsidiary Protection application lodged by the person concerned will be considered on its individual merits having regard for the information provided by the applicant in his application as measured against relevant, up to date, objective information relating to his country of origin. All documentation submitted in support of the application, including the documentation referred to by the Deputy, will be examined before a decision to grant or refuse Subsidiary Protection is arrived at. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 644. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will confirm the residency status of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [23195/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Naturalis- ation and Immigration Service (INIS) that the daughter of the person referred to by the Deputy originally entered the State as part of a family of programme refugees who subsequently returned to Kosovo. Her parents were granted permission to reside in the State as an exceptional measure on a humanitarian basis following their return to the State in 2002. The daughter was granted permission to remain in line with that granted to her parents on stamp 4 conditions in January, 2011and her permission is currently valid until 30 December, 2011. The question regarding the qualification criteria for applications for Higher Education Grants is the responsibility of the Department of Education and Skills. I would remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Proposed Legislation 645. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will amend section 2(2)(e) of the Civil Registration Act 2004 (details supplied); and if he will make a statement on the matter. [23204/11]

390 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): The position is that same-sex marriage cannot be provided for under the Civil Registration Act 2004 without an amendment to the Constitution following a Yes vote in a referendum on the matter.

Prison Medical Service 646. Deputy Joe Costello asked the Minister for Justice and Equality if his attention has been drawn to the medical condition of a person (details supplied); and if he will make a statement on the matter. [23246/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Prison Service that the person referred to is receiving all necessary medical care appropriate to his medical condition in Limerick Prison. The Deputy will appreciate that I am not at liberty to divulge any information relating to a person’s medical records or condition beyond that.

Legal Aid Service 647. Deputy Catherine Murphy asked the Minister for Justice and Equality the waiting times for free legal aid by FLAC by location; the number of clients that are on the waiting list; the arrangement that are put in place in the case of court dates being reached in advice of the certificate; his plans to augment this service; and if he will make a statement on the matter. [23248/11]

Minister for Justice and Equality (Deputy Alan Shatter): I wish to inform the Deputy that under the Civil Legal Act 1995, as passed by the Oireachtas, the Legal Aid Board is independent in the operation of its functions. However, as a courtesy to the Deputy I have obtained the information sought and am providing it to the Deputy. At the outset, I wish to clarify for the Deputy that the Legal Aid Board provides ‘legal aid’ and not ‘free legal aid’. The vast majority of persons receiving services from the Board pay a small financial contribution. I also wish to clarify that the Board provides services through, inter alia, law centres. However, FLAC (Free Legal Advice Centres) is an non-governmental organisation and is not connected to the Board in any way. I am advised by the Board that the waiting time by reference to each law centre as of 31 August 2011 is set out below. As of 1 September 2011 there were 4,482 persons waiting for a first appointment with a solicitor. The Board prioritises matters that it considers require an immediate service. The sort of matters prioritised include cases involving domestic violence, the risk of children going into care, child abduction, and critical dates being close to expiry. Some other cases that are heard in the District Court are also given earlier appointments. The Board does not generally prioritise matters simply because there is a court date. It considers that this is unfair and inequitable to other applicants, many of whom may be seeking to get to court. Persons who have a court date and are not given an appointment prior to the court date are given a letter detailing their application which they may produce to the court.

Law Centre Maximum current waiting time — 31/08/11 (months)

Dublin Blanchardstown 4 Brunswick Street 5 Clondalkin 7 Finglas 5 Gardiner Street 6 Tallaght 11

391 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] Law Centre Maximum current waiting time — 31/08/11 (months)

Cork Popes Quay 4 South Mall 6 Athlone 5 Castlebar 5 Cavan 8 Dundalk 0 Ennis 2 Galway 3 Kilkenny 5 Letterkenny 2 Limerick 2 Longford 5 Monaghan 4 Navan 4 Nenagh 9 Newbridge 9 Portlaoise 7 Sligo 5 Tralee 3 Tullamore 4 Waterford 4 Wexford 5 Wicklow 5

Garda Stations 648. Deputy Joanna Tuffy asked the Minister for Justice and Equality the position regarding the Garda Station at Rathcoole, County Dublin; if he will address the concerns of the local community who are dissatisfied at the part-time hours under which the Rathcoole Garda station is currently operating; if he plans to extend the opening hours of this station to cater for the increased number of people living in this area and the additional housing estates built in the vicinity in recent years; and if he will make a statement on the matter. [23289/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that the personnel strength of Rathcoole Garda Station as of 31 August 2011, the latest date for which figures are readily available, was 28. Rathcoole Garda Station opens to the public daily between 10am-1pm and 2pm-6pm. During the hours the station is not open to the public, there is call diversion in place to Clondalkin Garda Station. Any increase of the opening hours at Rathcoole 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.

Garda Deployment 649. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will consider requesting the review of the policing of a location (details supplied) in County Kerry; and if he will make a statement on the matter. [23324/11] 392 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): In accordance with the provisions of the Garda Síochána Acts, proposals to alter the boundaries of a Divisional area are a matter in the first instance for the Garda Commissioner. I am advised by the Garda authorities that the policing requirements for the location referred to by the Deputy were fully considered by An Garda Síochána as part of a programme of Garda Divisional boundary re-alignments in 2009. The Garda authorities concluded at that time that the area referred to should remain within the Cork West Division. I am further informed that the Garda authorities are satisfied that the policing needs of the area are best met within the current boundary alignment and that they have no plans to alter the existing policing arrangements for the area.

Departmental Expenditure 650. Deputy Simon Harris asked the Minister for Justice and Equality the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23449/11]

Minister for Justice and Equality (Deputy Alan Shatter): IT expenditure for the Department in 2010 was €18,868,523. This figure comprises expenditure for the following areas:

1. The Department itself and the bodies/offices/agencies on its IT Shared Service (see full list below)

2. Irish Prison Service

3. Irish Naturalisation and Immigration Service

4. Financial Shared Services

5. Equality divisions & agencies, until their transfer to the Department of Community, Equality and Gaeltacht Affairs.

The budget for 2011 is made up of expenditure to date, €9,825,546, and expenditure to year-end, projected at some €8,892,500. The figures include expenditure in relation to divisions and agencies, including the Equality divisions and agencies which transferred into the Department of Justice and Equality earlier this year.

The Department’s IT Shared Service, operating since 2003, provides centralised IT services to approximately 2,000 users in the Department and 25 agencies nationally and internationally. This approach ensures that the Department achieves economies of scale for the provision of these services, whilst reducing administration costs. Contracts and expenditure are regularly reviewed, and suppliers engaged with, to ensure that products and services are delivered at the most cost-effective rates. All IT procurement, by the Department and its agencies, is undertaken in accordance with the procurement requirements imposed by legislation and Government Directives. By going regularly to the market, and by utilising the economies inherent in existing public sector contracts, the Department drives continuous increased efficiencies and cost savings in the services delivered. At present the Department has a series of wide ranging ICT procurement exercises underway and is confident that these will reduce its costs in the medium term — it is also engaged in

393 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] the inter Departmental Cloud Computing group which it anticipates will produce substantial operational savings in the medium to long term.

A cross-Departmental and cross-agency ICT Governance Group, which has a remit in relation to the strategic overview and management of ICT developments, reviews all proposed IT expenditure, to ensure value for money is achieved.

Departments, Office and Agencies on IT Shared Service

Department of Justice and Equality

Anti Human Trafficking Unit

Casino Commission

Coroner’s Service

COSC

Criminal Injuries Compensation Tribunal

Criminal Law Codification

Equality Authority

Equality Tribunal

Financial Shared Services

Garda Inspectorate

INIS

Irish Film Classification Office

Irish Youth Justice Service

National Disability Authority

National Property Services Regulatory Authority

Office for Internet Safety (OIS)

Office for the Promotion of Migrant Integration

Office of the Commissioner of Charitable Donations & Bequests

Office of the Data Protection Commissioner

Office of the Inspector of Prisons

Office of the Refugee Applications Commissioner

Parole Board

Private Security Authority

Reception and Integration Agency

394 Questions— 14 September 2011. Written Answers

Refugee Appeals Tribunal

State Pathology

Victims of Crime

Question No. 651 answered with Question No. 611.

Departmental Expenditure 652. Deputy Shane Ross asked the Minister for Justice and Equality the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card; and if he will make a statement on the matter. [23455/11]

Minister for Justice and Equality (Deputy Alan Shatter): A total of five postholders in my Department have been issued with official credit cards, as set out below:

Credit Card Holder Credit Limit

Private Secretary to Minister for Justice and Equality €7,000 Secretary — General of Department of Justice and €6,350 Equality Head of IT. €10,000 Head of Financial Shared Services €10,000 Head of Corporate Affairs €5,000

Details of total annual expenditure and entertainment expenditure over the past four years is set out below.

Year Total Annual Expenditure Total Entertainment Expenditure

2008 €27,998.43 €4,639.27 2009 €12,938.63 €1,018.69 2010 €8,785.65 Nil 2011 (to Aug 2011) €6,323.49 Nil

Ministerial Staff 653. Deputy John O’Mahony asked the Minister for Justice and Equality the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23456/11]

654. Deputy John O’Mahony asked the Minister for Justice and Equality the number of special advisors and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23457/11]

655. Deputy John O’Mahony asked the Minister for Justice and Equality the number of persons employed in his private offices and constituency offices; the annual amount paid in 395 Questions— 14 September 2011. Written Answers

[Deputy John O’Mahony.] respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23458/11]

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 653, 654 and 655 together. During the periods in question, three Ministers have held office in my Department. As the Deputy is no doubt aware, this Government reduced the number of staff in a Minister’s Private and Constituency Offices from 16 to 12. In the case of Ministers of State, staffing numbers were reduced from 12 to 8. The current staffing of my Private and Constituency offices, and their salary ranges, is as follows:

Private Office Salary (as of September 2011)

1 Private Secretary €43,816 — €55,415 + appropriate Private Secretary allowance 3 Executive Officers €30,516 — €47,975 2 Clerical Officers €23,177 — €37,341 2 Special Advisors €80,051 — €92,672 Constituency Office 1.6 Clerical Officers €23,177 — €37,341 1 Personal Assistant €43,715 — €56,060 1 Personal Secretary €23,820 — €47,755

My predecessor, Mr Brendan Smith, did not appoint a Special Advisor, Personal Assistant or Personal Secretary in this Department. The staff of his Private and Constituency offices, with the exception of these posts, remained as those in place for his predecessor, Mr Dermot Ahern, as set out below.

Private Office Salary (as of January 2011)

1 Private Secretary €33,247 — €58,294 + appropriate Private Secretary allowance 3 Executive Officers €30,516 — €47,975 3 Clerical Officers €23,177 — €37,341 1 Special Advisor and 1 Special Advisor/Programme €80,051 — €98,424 Manager Constituency Office 4 Clerical Officers €23,042 — €37,341 1 Personal Assistant €43,816 — €55,415 1 Personal Secretary €29,024 — €47,379

During the periods in question, 5 Ministers of State have held office in my Department. However, with the exception of Minister of State, Ms Kathleen Lynch T.D. and Mr Conor Lenihan, their offices were staffed in their entirety by other Departments. Minister of State Lynch’s Private Office includes one Executive Officer (salary range €30,516 — €47,975) from my Department. The staffing of the Private and Constituency offices of Mr Conor Lenihan when he ceased office in this Department in April 2009 and the salary ranges of the staff concerned, is as follows: 396 Questions— 14 September 2011. Written Answers

Private Office Salary (as of April 2009)

1 Private Secretary €49,379 — €61,082 + appropriate Private Secretary allowance 1 Executive Officer €32,179 — €51,054 2 Clerical Officers €24,397 — €39,558 Constituency Office 1 Executive Officer €30,566 — €48,504 2 Clerical Officers €24,397 — €39,558 1 Personal Secretary €46,558 — €59,097 1 Personal Assistant €23,181 — €44,726

Expenditure Reviews 656. Deputy Sean Fleming asked the Minister for Justice and Equality if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review [23476/11]

Minister for Justice and Equality (Deputy Alan Shatter): Departmental submissions in relation to the Comprehensive Review of Expenditure are a central part of the pre-budget deliberations of the Government and are closely linked to the estimates process which will culminate in publication of spending estimates for individual votes. Therefore, it would be inappropriate to publish any such submissions or related correspondence, in that they are an integral part of the current budgetary process.

Garda Stations 657. Deputy Nicky McFadden asked the Minister for Justice and Equality the number of garda stations that are operating in counties Longford and Westmeath; the number of staff at each station and the opening hours of each station [23523/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that the personnel strength and the opening hours of each Garda Station in counties Longford and Roscommon are as set out in the following table. All Divisional and District Headquarter Garda Stations are open on a 24-hour basis, with the opening hours of the sub- District Garda Stations as set out below. Outside of the defined opening hours mobile patrols are carried out by Garda personnel, supplemented as necessary by other District and Divisional resources, including uniform and plain-clothes personnel, District / Divisional Detective and Drug Units, Community Policing Units and Traffic Corps personnel.

Station Strength Opening hours

Westmeath Garda Division Athlone 69 24 Hours Ballymore 1 10.00-13.00 Mon-Sat, 11.00-13.00 Sun Ballinahown 1 10.00-13.00 Mon-Sat, 11.00-13.00 Sun Glasson 2 10.00-13.00 Mon-Sat, 11.00-13.00 Sun Kilbeggan 4 10.00-13.00 Mon-Sat, 11.00-13.00 Sun Moate 17 10.00-13.00 Mon-Sat, 11.00-13.00 Sun Ballynacargy 1 10.00-13.00 Mon — Sun

397 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] Station Strength Opening hours

Castlepollard 4 10.00-13.00 Mon — Sun Castletown 1 10.00-13.00 Mon — Sun Delvin 16 10.00-13.00 Mon — Sun Finea 1 10.00-13.00 Mon — Sat, 12.00-14.00 Sun Killucan 5 10.00-13.00 Mon — Sat, 10.00-12.00 Sun Kinnegad 6 10.00-13.00 Mon — Sat, 10.00-12.00 Sun Mullingar 126 24 Hours Multyfarnham 1 10.00-13.00 Mon — Fri, 08.00-10.00, 10.00-13.00 or 14.00-18.00 Sat & Sun Rathowen 1 10.00-13.00 Mon — Fri, 08.00-10.00, 10.00-13.00 or 14.00-18.00 Sat, 10.00-13.00; 20.00-22.00 Sun Rochfortbridge 4 10.00-13.00 Mon — Sat, 10.00-12.00 Sun Longford Garda Division Ardagh 1 10.00-18.00 Mon-Sun Ballinalee 1 10.00-18.00 Mon-Sun Drumlish 2 10.00-18.00 Mon-Sun Edgeworthstown 8 07.00-14.00 Mon — Fri, 09.00-16.00 Sun Granard 30 24 Hours Smear 1 10.00-18.00 Mon-Sun Ballymahon 6 10.00-13.00 Mon- Sun Kenagh 1 15.00-17.00 Mon-Sun Lanesboro 6 10.00-13.00 Mon-Sun Longford 60 24 Hours Newtowncashel 1 11.00-13.00 Mon-Sun

Garda Stations 658. Deputy Nicky McFadden asked the Minister for Justice and Equality the position regarding plans for an extension and refurbishment of Athlone Garda station, County West- meath; and if he will make a statement on the matter. [23525/11]

Minister for Justice and Equality (Deputy Alan Shatter): The programme of replacement and refurbishment of Garda accommodation around the country is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW), who have responsibility for the provision and maintenance of Garda accommodation. I am informed by the Garda authorities that planning approval for the Athlone scheme has been secured by the OPW and that the preparation of the tender documentation for the relevant works is well advanced. This matter will be progressed in the context of An Garda Síochána’s identified accommodation priorities and in the light of available resources.

Crime Levels 659. Deputy Denis Naughten asked the Minister for Justice and Equality the number of person’s subject to the requirements of Part 2 of the Sex Offenders Act 2001; the number of prosecutions and convictions that have taken place in 2009, 2010 and to date in 2011 as a result of breaches of Part 2 of the Sex Offenders Act 2001; the number of notifications received from other jurisdictions or from Interpol regarding the travel of convicted sex offenders to Ireland during the same period; and if he will make a statement on the matter. [23587/11] 398 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): 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 its Part 2. 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 as of 8 September, 2011, there were 1,164 persons subject to the requirements of Part 2 of the Act. Notifications are received on a regular basis regarding convicted sex offenders who enter the State. In turn, the relevant nominated Divisional Inspector involved in the monitoring of sex offenders is notified immediately. I am further informed by the Garda authorities that the information requested relating to the number of such notifications is not readily available and would require a disproportionate amount of time and resources to collate. Following the submission in 2004 of a report and recommendations by an expert group on crime statistics, it was decided that the compilation and publication of crime statistics should be taken over by the Central Statistics Office, as the national statistical agency, from An Garda Síochána. The Garda Síochána Act 2005 consequently makes provision for this and the CSO has established a dedicated unit for this purpose. Following the setting up of the necessary technical systems and auditing of the data from which the statistics are compiled, the CSO is now compiling, publishing and responding to queries regarding recorded crime statistics. I have requested the CSO to provide statistics directly to the Deputy in relation to the number of prosecutions and convictions in 2009, 2010 and to date in 2011 in respect of breaches of Part 2 of the Act.

Citizenship Applications 660. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of an application for naturalisation in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23623/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation was received from the person referred to in the Deputy’s question in October 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 661. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position

399 Questions— 14 September 2011. Written Answers

[Deputy Bernard J. Durkan.] regarding a residency application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [23624/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to Parliamentary Question No. 397 of Tuesday, 17th May, 2011 — set out beneath. The position is unchanged since then. 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 30th 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. The person concerned was subsequently notified of his entitlement to submit an application for Subsidiary Protection in accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. 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. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

662. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for family reunification in respect of a person (details supplied) in Dublin 6W; and if he will make a statement on the matter. [23625/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Natural- isation and Immigration Service (INIS) that the person referred to by the Deputy made a Family Reunification application in respect of his mother and siblings in January, 2010. I am further advised by INIS that a letter recently issued to the legal representative of the person concerned requesting further information and original documentation. On receipt of this information the matter will then be considered further. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

663. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status and correct procedure to be followed in respect of a person (details supplied) in Dublin

400 Questions— 14 September 2011. Written Answers

7 in view of the fact that they cannot travel to their homeland without temporary travel documents; and if he will make a statement on the matter. [23627/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Irish Naturalisation and Immi- gration Service (INIS) informs me that the person referred to in the Deputy’s question has been granted as an exceptional measure, temporary permission to remain in the State until 04 July 2014. I am advised by the INIS that the holding of this permission does not extend to the issuance of a temporary travel document. In exceptional cases an application for Irish temporary travel document may be considered in respect of qualifying non Irish nationals who are resident in Ireland. In all such cases, the INIS must be satisfied that there is no alternative open to the applicant before an Irish temporary travel document will issue. The person concerned has to show that they have made reasonable and formal efforts to obtain a national passport, that it has been formally and unreasonably refused and that their own consular authorities are unable to offer consular assistance to them whilst resident in the State. The INIS informs me that the person concerned had a recent application for Irish temporary travel document refused on 11 August 2011. He was advised to contact his own consular authorities to establish the procedures to be followed which would allow for him to procure a national passport whilst resident in this State. It is open to the person in question to submit a new application for a temporary travel document accompanied by the relevant supporting documentation to the Travel Document Unit of the INIS which is located at 13-14 Burgh Quay, Dublin 2. Full information in this regard and the applicable application form is available at “www.inis.gov.ie”. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to the INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up to date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

664. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in respect of a person (details supplied) in Dublin 15 in view of the fact that they have been offered employment but require the necessary status; and if he will make a statement on the matter. [23628/11]

401 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.]

I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications 665. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23629/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in February 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 666. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [23630/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Natural- isation and Immigration Service (INIS) that the person referred to by the Deputy was granted refugee status in April 2005. I assume the Deputy is enquiring about separate applications for Family Reunification that the person referred to made in July 2005 and in June 2006. In relation to those applications, the legal representative of the person referred to by the Deputy was advised by INIS on 23rd May, 2011, that as no response was received to a number of requests made by INIS for documentation, the Family Reunification application of their client was deemed withdrawn but that it was open to their client to make a fresh Family Reunification application. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

402 Questions— 14 September 2011. Written Answers

667. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in respect 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. [23631/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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 7th March, 2011, 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. 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. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Asylum Applications 668. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for asylum in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23632/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my previous written reply of Tuesday, 17 May 2011 (Ref: 11224/11) in relation to the person concerned, a copy of which is set out below. The position remains unchanged.

The person concerned made an application for refugee status in the State on 18 August 2003. The application was refused on 9 February 2005 and Judicial Review proceedings were lodged challenging this decision. The person concerned subsequently made a second application for refugee status on 15 February 2006 which was refused at first instance and on appeal to the Refugee Appeals Tribunal. The decision to refuse by the Refugee Appeals Tribunal was made on 23 April 2009.

The previous Minister for Justice, Equality and Law Reform informed the person concerned that it was proposed to make a Deportation Order in his case and they were invited to make representations as to why a Deportation Order should not issue. The person in question was also invited to make an application for Subsidiary Protection in the State. Having considered the representations made and the application for Subsidiary Protection the Minister signed a Deportation Order on 3 June 2010. Judicial Review proceedings were

403 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] subsequently lodged in the High Court challenging the Deportation Order and, accordingly, as the matter is sub judice, I do not propose to comment further.

Residency Permits 669. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [23633/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Irish Naturalis- ation and Immigration Service (INIS) that the person referred to by the Deputy was granted permission to remain in the State on 10th October, 2005 under the revised arrangements for the non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly known as the IBC/05 Scheme. This permission to remain was renewed in 2007 and in 2010, and is currently valid until 10 October, 2013. I am also advised by INIS that an application for a certificate of naturalisation was received from the person concerned in December, 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. I should add that the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I would remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

670. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23634/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Natural- isation and Immigration Service (INIS) that the position remains unchanged from my response to PQ No: 13212/11 dated 26th May: A decision was made on the Family Reunification application of the person in question and this decision issued on 24 May 2011. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

404 Questions— 14 September 2011. Written Answers

671. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23635/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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 12 April 2010, 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 accordance with the European Com- munities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. 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. In advance of a final decision being made, the case of the person concerned will also be examined to determine what, if any, impact the recent European Court of Justice Judgment in the Belgian Zambrano case may have on her case. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications 672. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when the process of an application for citizenship will be completed in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23636/11]

Minister for Justice and Equality (Deputy Alan Shatter): An application for a certificate of naturalisation was received from the person concerned in November 2009 and I decided in my absolute discretion to grant the application. My officials have confirmed that a certificate of naturalisation was issued to the person concerned on 27 July 2011.

673. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed in respect of an application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23637/11]

405 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.]

The application is at an advanced stage of processing and will be submitted to me for decision as expeditiously as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 674. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the matter of an application for residency in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23638/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned has been granted temporary permission to remain in the State, on stamp 4 conditions, for a two year period to 3 April 2013. This decision was conveyed to the person concerned by letter dated 28 April 2011. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

675. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in county Kildare; and if he will make a statement on the matter. [23639/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to Parliamentary Question No. 209 of Tuesday, 22nd March, 2011 — set out beneath. The position is unchanged since then. 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 29 November 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 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. 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

406 Questions— 14 September 2011. Written Answers 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. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications 676. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the correct procedure to be followed in respect of an application for citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23640/11]

Minister for Justice and Equality (Deputy Alan Shatter): Since 1st January 2005, the entitlement to Irish citizenship of persons born on the island of Ireland to non-national parents is governed by sections 6A and 6B of the Irish Nationality & Citizenship Act 1956, as amended. The Act states that a person born in the island of Ireland shall not be entitled to be an Irish citizen unless a parent of that person has, during the period of 4 years immediately preceding the person’s birth, been resident in the island of Ireland for a period of not less than 3 years or periods the aggregate of which is not less than 3 years. The Act also provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the applicant must— • be of full age or be a minor born in the State • 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 • 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 • The parent or guardian or person who is in loco parentis to a child born in the State who did not at birth have an entitlement to Irish citizenship may apply for a certificate of naturalisation on their behalf using Form 8A, which is available on the Irish Naturalis- ation and Immigration Service website at www.inis.gov.ie. This is an e-form, which is filled in and submitted elecronically. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

407 Questions— 14 September 2011. Written Answers

Residency Permits 677. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [23641/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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 15 October 2010, 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. 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. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

678. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in County Waterford; and if he will make a statement on the matter. [23642/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned applied for asylum on 29 June 2005. His asylum application was refused by the Refugee Applications Commissioner and, on appeal, by 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 10 November 2006, of the proposal to make a Deportation Order in respect of him. He was given the option of making representations as to why a Deportation Order should not be made against him. The representations made by the person concerned were considered under Section 3 of the Immi- gration Act 1999 (as amended) and Section 5 of the Refugee Act 1996 (as amended) and a Deportation Order was made in respect of the person concerned on 1 September 2010. Judicial Review proceedings were initiated in the High Court on 14 October 2010, challenging the decision to make a Deportation Order in respect of the person concerned. These proceedings are ongoing and, as such, it would not be appropriate for me to comment further at this time. I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be

408 Questions— 14 September 2011. Written Answers obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications 679. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application for family reunification will be decided in the current year in respect of a person (details supplied) in Dublin 24; and if he will make a statement on the matter. [23643/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Irish Natural- isation and Immigration Service (INIS) that the person referred to is the subject of a Family Reunification application made in March 2009. The case is currently under consideration by INIS. I understand that some further information is necessary in order to progress the application and INIS has recently been in contact with the person’s legal representative in this regard. I remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Deportation Orders 680. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in Dublin 14; and if he will make a statement on the matter. [23644/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to Parliamentary Question No. 215 of 7 July 2011. The position is unchanged since then. The reply was as follows: I am informed by the Irish Naturalisation and Immigration Service (INIS) that the person referred to by the Deputy is the subject of a Deportation Order, following a comprehensive and thorough examination of his asylum claim and of his application to remain temporarily in the State. He has been evading his deportation since 3 November 2009 and should he come to the notice of the Garda authorities, he would be liable to arrest and detention. He should, therefore, present himself to the Garda National Immigration Bureau without any further delay. As a general matter of policy, it would be logistically inconsistent to reward persons who have failed a very fair and comprehensive asylum process, and who have thereafter proceeded to evade their deportation for several years, by granting such persons residency in the State. I should remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Citizenship Applications 681. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in Dublin 2; and if he will make a statement on the matter. [23645/11]

409 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that there is no record of an application for a certificate of naturalisation from the person concerned.I remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 682. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected status regarding an application for residency in respect of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [23646/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned is the subject of a Deportation Order signed on 18 November 2005 which required her to remove herself from the State and remain outside the State. She failed to do so. She subsequently gave birth to a child in the State on 1 October 2009 and claimed asylum for that child on 21 April 2011. She was given an undertaking on the 29 April 2011 that her deportation would not be enforced, pending the outcome of her child’s application for asylum. However, the person concerned failed to ‘present’ as required and is therefore classified as a person evading deportation. Against this background, the person concerned should, therefore, present herself to the Garda National Immigration Bureau without further delay. Iremind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Deportation Orders 683. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding an application for residency in respect of a person (details supplied) in County Louth; and if he will make a statement on the matter. [23647/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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 11 May 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 a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for Subsidiary Protection. When consideration of this application has been completed, the person will be notified in writing of the outcome. If the application for Subsidiary Protection is refused, the position in the State of the person 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. When a decision has been made, this decision and the consequences of it will be conveyed in writing to the person concerned. I remind the Deputy that queries in relation to the status of individual immigration

410 Questions— 14 September 2011. Written Answers cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 684. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected status regarding an application for residency in respect of a person (details supplied) in County Offaly; and if he will make a statement on the matter. [23648/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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 November 2008, re- issued on 28 November 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 a Deportation Order should not be made against him. In addition, he was notified of his entitlement to apply for subsidiary protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for subsidiary protection in the State in accordance with these Regulations and, following consideration of this application, it was determined that the person concerned was not eligible for subsidiary protection in the State. The person was notified of this decision by letter dated 18 July 2011. The position in the State of the person 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. I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

685. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if renewal of residency will issue in respect of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [23649/11]

Deportation Orders 686. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current of expected residency status in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23650/11]

411 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): 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 9 October 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 accordance with the European Communities (Eligibility for Protection) Regulations 2006. The person concerned submitted an application for subsidiary protection. 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. I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e- mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Visa Applications 687. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when renewal of stamp 4 visa will issue in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [23651/11]

Minister for Justice and Equality (Deputy Alan Shatter): The person concerned was granted temporary permission to remain in the State for the period to 20th March, 2011. This decision was conveyed in writing to the person concerned by letter dated 20 March 2008. The person concerned was required to apply in writing one month before the end of the expiry period ie. 20 March 2011, for the renewal of this permission. My Department’s records show no evidence of such a renewal application having been made and consequently the person is currently without permission to remain in the State.It is recommended that the person concerned should apply for renewal without further delay.I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Residency Permits 688. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current or expected residency status in respect of a person (details supplied) in County Meath; and if he will make a statement on the matter. [23652/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to Question No. 519 of 12 January 2011. The position is unchanged since then. The reply was as follows:

412 Questions— 14 September 2011. Written Answers

The person concerned is the subject of a Deportation Order, made following the consideration of her case under Section 3 of the Immigration Act 1999 (as amended). This Order was served on the person concerned by registered post dated 25 November 2010. This placed a legal obligation on her to “present” at the Offices of the Garda National Immigration Bureau (GNIB) in order that arrangements could be made for her deportation from the State. The person concerned failed to “present” as required and is therefore classified as a person evading deportation. As a person evading deportation, the person concerned is liable to arrest and detention for the purposes of effecting her deportation from the State. Against this background, the person concerned should, therefore, present herself to the GNIB without further delay. I should remind the Deputy that queries in relation to the status of individual Immigration cases may be made directly to INIS by Email using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Refugee Status 689. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of refugee status in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23653/11]

Minister for Justice and Equality (Deputy Alan Shatter): If an application for asylum has been made by the person concerned, the Deputy will of course be aware that it is not the practice to comment on asylum applications that are pending.

Citizenship Applications 690. Deputy Willie O’Dea asked the Minister for Justice and Equality when a decision will issue on an application for naturalisation in respect of a person (details supplied). [23728/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have been advised by the Citizen- ship Division of the Irish Naturalisation and Immigration Service (INIS) that insufficient information was provided by the Deputy to enable it to identify an application from the person referred to. The reference number provided by the Deputy relates to a different person. If the Deputy wishes to furnish further details, the Citizenship Division of my Department will advise him of the position. I remind the Deputy that queries in relation to the status of individual Immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Garda Reserve 691. Deputy John O’Mahony asked the Minister for Justice and Equality when the report of the Garda Reserve will be published.; and if he will make a statement on the matter. [23734/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that the recommendations of the review in question are being considered by the Garda Commissioner.

413 Questions— 14 September 2011. Written Answers

Residency Permits 692. Deputy Robert Troy asked the Minister for Justice and Equality if he will expedite an application for permanent residency in respect of a person (details supplied). [23745/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have been informed by the Irish Naturalisation and Immigration Service that an application was received for permanent residency on 26 August 2011 regarding the person referred to by the Deputy. I have been informed that this application is currently receiving attention and a reply will issue shortly.

Extradition Applications 693. Deputy Terence Flanagan asked the Minister for Justice and Equality if he will deal with an extradition matter in respect of a person (details supplied); and if he will make a statement on the matter. [23747/11]

Minister for Justice and Equality (Deputy Alan Shatter): The decision to seek the extradition of a person charged with a criminal offence rests with the Director of Public Prosecutions and only arises where the Director has decided that a person should be prosecuted in the first instance. As the Deputy will appreciate, the Director is independent in the exercise of his functions. As Minister for Justice and Equality, I have no function in deciding whether a person should be charged with an offence or whether a person’s extradition should be sought.

Citizenship Applications 694. Deputy Peter Mathews asked the Minister for Justice and Equality the position regarding the citizenship application in respect of a person (details supplied) in Dublin 18; and if he will make a statement on the matter. [23866/11]

Minister for Justice and Equality (Deputy Alan Shatter): An application for a certificate of naturalisation was received in the Citizenship Division of my Department in September 2008. The application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level. It is important that appropriate procedures are in place to preserve the integrity of the process. Iremind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up- to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Garda Recruitment 695. Deputy Noel Grealish asked the Minister for Justice and Equality the position regarding persons who have passed all three stages of the Garda recruitment competition, after passing a medical these persons were informed by letter that they would be accepted as Garda trainees, will these persons be retained on a panel until Garda training recommences or is the panel being scrapped; and if he will make a statement on the matter. [23872/11]

Minister for Justice and Equality (Deputy Alan Shatter): I am informed by the Garda authorities that there is a panel in place consisting of applicants selected by the Public Appointments Service. Some of these candidates have completed the Physical Competency Test, a Medical Examination and Character Vetting. When recruitment recommences, it may be necessary for

414 Questions— 14 September 2011. Written Answers these candidates to undergo these processes again. Other candidates on the panel will also have to complete these processes. Those who are successful will be eligible to be offered positions as trainee gardaí in any further intakes.

Court Sittings 696. Deputy Seán Kenny asked the Minister for Justice and Equality the number of District Court sittings that were held at Swords and Balbriggan District Courts, County Dublin in each of 2008, 2009, 2010 and to date in 2011; the number of cases dealt with in each of the District Courts; and the amount spent on refurbishments on each of the District Courts in each of the years to date. [23923/11]

Minister for Justice and Equality (Deputy Alan Shatter): The management and administration of the courts, including responsibility for maintaining and publishing court statistics, is a matter for the Courts Service. To be of assistance to the Deputy, I have had inquiries made. The Courts Service has provided the following information in relation to Swords and Balbriggan District Courts, both of which are administered by the Swords District Court Office:

Number of Sittings in 2010 and 2011

2010 2011 (to 8 September)

Swords District Court 137 94 Balbriggan District Court 53 37

Corresponding figures for 2008 and 2009 are not readily available.

Total amount of court business transacted in Swords/Balbriggan District Courts from 2008 to 2011

Criminal Family Law Civil Business Licensing Total Offences Business

2008 8,343 437 1,780 737 11,297 2009 7,137 350 1,527 378 9,392 2010 5,555 355 1,832 774 8,516 End July 2011 3,184 277 427 445 4,333

In addition to the above, a breakdown of criminal cases dealt with for each District Court is available details of which are provided in the following table:

Breakdown of Criminal Cases in Swords and Balbriggan District Courts from 2008 to 2011

Swords Balbriggan Total

2008 6,352 1,991 8,343 2009 5,053 2,084 7,137 2010 3,907 1,648 5,555 End July 2011 2,245 939 3,184

Balbriggan and Swords courthouses have not been refurbished. Expenditure on maintenance from 2008 to date was €16,102.48 in respect of Swords and €7,152.92 in respect of Balbriggan. 415 Questions— 14 September 2011. Written Answers

Garda Training 697. Deputy Seán Kenny asked the Minister for Justice and Equality the training facilities available at Garda headquarters and the Garda Training College for the Garda dog unit, Garda mounted unit, Garda driving school, Garda training in firearms and in public order. [23924/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Garda authorities have provided the following information in relation to the matters referred to by the Deputy: The Garda Dog Unit — No dedicated training facilities are provided at the Garda College or Garda Headquarters for the Garda Dog Unit which is based at Kilmainham Garda Station and has a national remit The Garda Mounted Unit — No dedicated training facilities are provided at the Garda College or Garda Headquarters for the Garda Mounted Unit which is based in Áras an Uachtaráin, Phoenix Park. Garda Driver Training — Facilities for driver training are provided at Garda Headquarters and at the Garda College. These include classroom accommodation. Garda Training in Firearms — Garda firearms training is provided at both Garda Head- quarters and the Garda College through the use of Modular Live Fire Ranges and a firearms training system. Appropriate office and classroom accommodation is also available. Public Order — Public order training forms part of the student/probationer training programme with additional specialist training provided for members selected for duty with Div- isional and regional public order units. No dedicated facilities are provided at the Garda College or Garda Headquarters for this area of training.

Garda Transport 698. Deputy Seán Kenny asked the Minister for Justice and Equality the types of vehicles that are being used by the Garda traffic corps and the Garda regional armed support unit. [23926/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have been informed that the Garda Regional Armed Support Units and the Garda Traffic Corps use a mix of vehicles, including saloon cars, four-wheel drives, vans and motorcycles.

Proposed Legislation 699. Deputy Anne Ferris asked the Minister for Justice and Equality when he will bring legislation establishing a judicial council before the Oireachtas; and if he will make a statement on the matter. [23928/11]

Minister for Justice and Equality (Deputy Alan Shatter): As indicated in the Government Legislation Programme that was announced by the Chief Whip on 14 September 2011, the Judicial Council Bill is in the course of being drafted with a view to being published in early 2012.

Electronic Tagging 700. Deputy Brendan Griffin asked the Minister for Justice and Equality if he will consider post release electronically tagging those convicted of drug trafficking and organised criminality; and if he will make a statement on the matter. [24013/11]

701. Deputy Brendan Griffin asked the Minister for Justice and Equality his plans for the electronic tagging of sex offenders; if this is a priority of his; and if he will make a statement on the matter. [24039/11]

416 Questions— 14 September 2011. Written Answers

Minister for Justice and Equality (Deputy Alan Shatter): I propose to take Questions Nos. 700 and 701 together. The Programme for Government contains a commitment to introduce a series of post-imprisonment restraint orders for violent and sexual offenders to include electronic tagging and other restrictions, which may be imposed at the time of sentencing. The Sex Offenders Act 2001 introduced the sex offenders’ register, post-release supervision orders for sex offenders and civil orders restricting sex offenders in certain ways. Proposals aimed at amending the Act are at an advanced stage of development. Legislative proposals being considered include measures for the electronic monitoring of sex offenders in specific circumstances and changes with regard to civil sex offender orders to make it easier to apply to a court for such an order. Apart from the post-release orders applicable to sex offenders, the law provides for a range of orders that may apply, post-release, to people convicted of other offences. They include the registration requirement for drug trafficking offenders under Part 9 of the Criminal Justice Act 2006), the monitoring and protection of persons orders under section 26 of the Criminal Justice Act 2007 and post-release orders in the case of serious offences under section 14 of the Criminal Justice (Amendment) Act 2009. My current priority is measures relating to sex offenders. When they have been finalised, consideration will be given to what new measures may be appropriate to violent offenders.

Proposed Legislation 702. Deputy Anne Ferris asked the Minister for Justice and Equality if all unimplemented recommendations from the Competition Authority in its report on the legal professions will be implemented in the proposed legal services Bill; and if he will make a statement on the matter. [24055/11]

Minister for Justice and Equality (Deputy Alan Shatter): The Programme of the Government for National Recovery 2011-2016 undertakes to “establish independent regulation of the legal profession to improve access and competition, make legal costs more transparent and ensure adequate procedures for addressing consumer complaints”. These undertakings complement those structural reforms in the EU-IMF Programme of Financial Support for Ireland aimed at removing restrictions to trade and competition relating to the legal professions and legal costs, namely to establish an independent regulator for the legal professions and implement the recommendations of the Legal Costs Working Group; and to implement the outstanding Com- petition Authority recommendations to reduce legal costs. The commitment of the Government is to a strategy that is comprehensive, provides more independent regulation of the legal professions, better regulates legal costs and will ensure that the complaints procedures are as effective as possible. The strategy, when implemented, will improve the overall system of delivery of legal services in the State. The details of my proposals for implementation of the various commitments I have mentioned will be announced by way of publication of the Legal Services Bill early in this session.

Court Staff 703. Deputy Anne Ferris asked the Minister for Justice and Equality the salary payable to individual High Court registrars, to the Chief Registrar of the High Court and to county registrars of the Circuit Court; and if he will make a statement on the matter. [24056/11]

Minister for Justice and Equality (Deputy Alan Shatter): The management and administration of the courts including responsibility for the provision of information is a matter for the Courts Service. However, in order to be of assistance to the Deputy, I have had inquiries

417 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] made and the Courts Service has informed me that the pay scales for the Chief Registrar of the High Court, High Court Registrars and County Registrars are as set out in the following table:

Salary Rate or Scales Salary Rate or Scales (Officers appointed on or after 6 April, 1995)

Chief Registrar of the High Court €127,796 to €146,191 €134,523 to €153,885 High Court Registrars €61,966 to €105,429 €65,185 to €110,844 County Registrar Dublin €138,655 €145,952 County Registrar Cork €134,064 €141,120 County Registrar (other than €123,045 €129,521 Dublin and Cork)

Citizenship Applications 704. Deputy Pat Deering asked the Minister for Justice and Equality the actions available to him to fast-track decisions for naturalisation applicants, some of whom applied more than two years ago. [24121/11]

Minister for Justice and Equality (Deputy Alan Shatter): In June of this year I announced a series of measures within my Department to provide for speedier processing of citizenship applications to bring about a substantial reduction in the processing timescale. The new arrangements include improved application forms that came into force on Friday, 24 June 2011, and are currently available online with an associated online residence checker, streamlined and accelerated procedures for certain types of application and plans to recruit interns under the new Internship Programme. These measures are targeted at clearing the backlog of applications awaiting a decision in excess of six months by spring of next year and from that time on the aim is, other than in exceptional circumstances, that people applying for citizenship will be given a decision on their application within six months. Significant progress has already made towards meeting this objective. Since I came to office, I have made decisions on some 11,500 naturalisation applications. By the end of September, I will have issued over 8,000 certificates of naturalisation. During the corresponding period in 2010, a total of 4,200 decisions were made with 3,600 certificates of naturalisation issued. In addition, I have also introduced citizenship ceremonies at which candidates for citizenship make their declaration of fidelity to the Irish nation and loyalty to the State and receive their certificate of naturalisation in a more meaningful and dignified manner. Steps are being taken to recruit an initial ten interns through the JobBridge National Internship Scheme to the citizenship section to afford them meaningful work experience and to assist in addressing the backlog that built up during the term of office of the previous Government. It is hoped ultimately to recruit a total of 30 interns to the section. Some 64 applications have been received. The citizenship division has commenced the selection process including short listing applicants. It is anticipated that the first group of interns will commence work by mid-October.

Court Staff 705. Deputy Anne Ferris asked the Minister for Justice and Equality the number of tipstaff employed in the courts; the level of salary paid; if he will give a breakdown by court; and if he will make a statement on the matter. [24126/11]

Minister for Justice and Equality (Deputy Alan Shatter): The management and administration of the courts, including responsibility for the provision of information, is a matter for 418 Questions— 14 September 2011. Written Answers the Courts Service. To be of assistance to the Deputy, I have had inquiries made. The Courts Service has informed me that a total of 75 tipstaff are employed by the Courts Service in the grades of usher and crier. Ushers report to members of the Judiciary assigned to the Supreme and High Courts. Criers report to members of the Judiciary assigned to the Circuit Court. Of the 75 serving tipstaff, seven ushers are assigned to Supreme Court judges, 36 ushers are assigned to High Court judges and 32 criers are assigned to Circuit Court judges. The pay scales for Ushers and Criers are as follows:

Salary Rate or Scale Salary Rate or Salary Rate or Scale(Officers appointed Scale(Officers appointed on or after 6/4/95) on or after 1/1/11)

Usher €414.34 to €591.36 €435.78 to €621.76 €372.91 to €532.22 Crier €414.34 to €576.52 €435.74 to €606.12 €372.91 to €518.87

Citizenship Applications 706. Deputy Jack Wall asked the Minister for Justice and Equality the position of an application for citizenship in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24166/11]

Minister for Justice and Equality (Deputy Alan Shatter): A valid application for a certificate of naturalisation was received from the person concerned in July 2008. My predecessor decided in his absolute discretion to refuse the application. The person concerned was informed of that decision in a letter that issued to her in March 2011. I remind the Deputy that queries in relation to the status of individual immigration cases may be made direct to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Proposed Legislation 707. Deputy Jack Wall asked the Minister for Justice and Equality his views regarding a matter (details supplied); the actions in proposing to address the issues stated; the meetings he has had or is proposing to have with the representative groups representing such businesses; and if he will make a statement on the matter. [24170/11]

Minister for Justice and Equality (Deputy Alan Shatter): In the correspondence referred to by the Deputy, it is suggested that business owners should have a legal right to exercise their discretion in refusing entry to their premises to shoplifters. Business owners may reserve the right of admission to their premises where there are valid, non-discriminatory grounds for so doing. Business owners providing goods and services are, however, prohibited under the Equal Status Acts 2000-2008 from discriminating on nine grounds in providing a service or in disposing of goods to the public generally or to a section of the public. They are not precluded under equality legislation from refusing access to goods and services where they are of the belief, on grounds other than discriminatory grounds, that to do so would produce a substantial risk of criminal or disorderly conduct or behaviour or damage to property. The discriminatory grounds under this legislation are gender, civil status, family status, race, age, disability, sexual orientation, religion and membership of the Traveller community. I am not considering any change to the equality legislation in this regard. Businesses wishing to understand and implement best practice in promoting equality in their sector may, however, seek advice from the Equality Authority. 419 Questions— 14 September 2011. Written Answers

Legal Profession 708. Deputy Anne Ferris asked the Minister for Justice and Equality the number of solicitors and barristers struck off over the past ten years; if he will provide a breakdown of the number per year; and if he will make a statement on the matter. [24188/11]

Minister for Justice and Equality (Deputy Alan Shatter): I have no function in the matter of striking off solicitors and disbarring barristers, nor in keeping statistics in this regard. I understand from the Law Society that 30 solicitors have been struck off the Roll of Solicitors since 2001, the breakdown being as follows:

Year No.

2001 0 2002 1 2003 3 2004 3 2005 2 2006 1 2007 0 2008 3 2009 10 2010 7

I am informed by King’s Inns that no barrister has been disbarred in the last ten years.

Court Procedures 709. Deputy David Stanton asked the Minister for Justice and Equality the number of judgments made by the Master of the High Court in 2009; the number of these which were subsequently reviewed by the High Court; and the number of judgments varied following such review; and if he will make a statement on the matter. [24191/11]

Minister for Justice and Equality (Deputy Alan Shatter): The management and administration of the courts including responsibility for maintaining and publishing court statistics is a matter for the Courts Service. To be of assistance to the Deputy, I have had enquiries made. The Courts Service has informed me that in 2009 the Master of the High Court made 663 orders giving liberty to enter judgment. The Courts Service has further advised that statistics are not maintained in such a way as to provide details of the number of such cases that subsequently proceeded to judgment, or were reviewed and varied by the High Court. This information could only be obtained by an examination of each individual case which would require a disproportionate amount of staff time that cannot be justified in current circumstances.

Residency Permits 710. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding a residency application in respect of a person (details supplied) in Dublin 15; if this case was adequately considered; and if he will make a statement on the matter. [24213/11]

Minister for Justice and Equality (Deputy Alan Shatter): 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 27 February 2009, that the Minister proposed to make a Deportation Order in respect of her. She was given the 420 Questions— 14 September 2011. Written Answers 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 a Deportation Order should not be made against her. In addition, she was notified of her entitlement to apply for subsidiary protection in accordance with the European Com- munities (Eligibility for Protection) Regulations 2006. 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. I am satisfied that the State has a fair and comprehensive mechanism in place for the consideration of all asylum applications and, as such, I am satisfied that the asylum application made by the person concerned was properly considered before a final decision to refuse it was taken. I remind the Deputy that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. The service enables up-to-date information on such cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Asylum Applications 711. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if an application to remain in the State can be reconsidered on humanitarian grounds in the case of a person (details supplied) in County Cork; and if he will make a statement on the matter. [24222/11]

Minister for Justice and Equality (Deputy Alan Shatter): I refer the Deputy to my reply to Question No. 140 of Wednesday, 20 April 2011. The position is unchanged since then. The reply was as follows:

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 23rd November, 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 accordance with the provisions of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).

The person concerned submitted an application for Subsidiary Protection. 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.

421 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] cases to be obtained without the need to seek this information through the more administratively expensive Parliamentary Questions process.

Naval Service Operations 712. Deputy Joe McHugh asked the Minister for Defence if he will address a matter (details supplied) regarding the Naval Service; and if he will make a statement on the matter. [22644/11]

Minister for Defence (Deputy Alan Shatter): The Customs Service of the Revenue Commis- sioners has primary responsibility for the prevention of drug smuggling into the country and responsibility for the prevention of crime rests primarily with An Garda Síochána. However, the White Paper on Defence, (2000), provides for a security role for the Naval Service to assist and support the civil authorities in this important work. The Joint Task Force on Drug Interdic- tion was established in 1993 as a Government measure to improve law enforcement in relation to drugs and consists of members of An Garda Síochána, the Customs Service and the Naval Service. Drug interdiction is carried out by Naval ships on receipt of intelligence from the Joint Task Force. The Naval Service operates eight general purpose patrol ships, which are tasked with coastal and offshore patrolling and surveillance for the State in that part of the seas where State jurisdiction applies. The primary day-to-day tasking of the Naval Service is to provide a fishery protection service in accordance with the State’s obligations as a member of the European Union. The Naval Service is committed to having at least three vessels on patrol within the Irish Exclusive Economic Zone at any one time. All vessels are multi-tasked in the sense that they also undertake general surveillance, security and other duties while on fisheries patrol. However, as the need arises, Naval Service vessels are deployed to other duties including drug interdiction operations. The acquisition of the two new Offshore Patrol Vessels (OPVs) for the Naval Service will ensure that the Service can continue to carry out its drug interdiction and other roles in increasingly difficult and dangerous sea conditions in the Atlantic. Preparations for their construction have commenced at Appledore in the UK and the first vessel is scheduled for delivery in early 2014. The second vessel will follow one year later. The Naval Service, as a member of the Joint Task Force, is also committed to an international initiative, the Maritime Analysis and Operations Centre — Narcotics, (MAOC-N). The Centre, which was established in 2007, has led to a greater focus on intelligence exchange amongst countries to tackle large drug shipments by sea. MAOC-N was set up by seven European countries and is designed as an international co-ordination force with access to national tasking agencies and requires participation and resources from all active members. An Garda Síochána and the Customs Service have full-time officers based at the Centre in Lisbon. Irish Naval Service personnel travel to the Centre when requested by the Joint Task Force. Naval Service ships at sea carry out a variety of taskings simultaneously and therefore, it is not possible to break down the Naval Service effort in the detection of the illegal importation of drugs as a percentage total of budget. Naval Service involvement in the detection of illicit drugs varies widely from direct interdiction to continuous surveillance, presence/deterrence and intelligence gathering. The drugs seized by the Naval Service in the three years in question had a street value at the time of €675 million.

Departmental Expenditure 713. Deputy Shane Ross asked the Minister for Defence the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for

422 Questions— 14 September 2011. Written Answers in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22732/11]

721. Deputy Shane Ross asked the Minister for Defence the amount his Department has spent on taxis for staff and for others in each of the past four years. [23295/11]

Minister for Defence (Deputy Alan Shatter): I propose to take Questions Nos. 713 and 721 together. The amount of money spent on taxis by my Department in each of the past four years is as follows:

Year Expenditure

2008 €33,583 2009 €24,236 2010 €20,222 2011 (to end August) €7,473

No specific allocation is made for the provision of taxis in my Department’s annual Estimate. In accordance with Department of Finance guidelines, staff of my Department are required to use public transport wherever possible where travel is deemed necessary for business purposes. The hire of taxis to travel to and from meetings is only permitted where no suitable public transport is available or feasible. My Department only provides taxis for non-staff members on an exceptional basis on very rare occasions. While it is not feasible to extract the exact amount spent over the past four years, the amounts involved are negligible.

Departmental Staff 714. Deputy Shane Ross asked the Minister for Defence further to Question No. 253 of 14 July 2011, the reason for Department personnel being seconded to the Civil and Public Services Union, the Representative Association of Commissioned Officers and the Permanent Defence Force Other Ranks Representative Association; and if he will make a statement on the matter. [22961/11]

Minister for Defence (Deputy Alan Shatter): The Defence (Amendment Act) 1990 and Defence Force Regulations S.6 provide for the establishment of representative associations for members of the Permanent Defence Force. Under Defence Force Regulations S.6 section 13 (Officers) and section 30 (Enlisted Personnel), the Minister may, with the consent of the Mini- ster for Finance, second a member of the Permanent Defence Force to the Association for the performance of representative duties with the association. The Regulation also specifies that a person other than a serving member of the Permanent Defence Force seconded pursuant to the aforementioned paragraphs shall not be employed or engaged by the Association other than for duties of a clerical nature. The secondment of a Department of Defence staff member to the Civil and Public Services Union has taken place in accordance with Partnership arrangements and with the sanction of the Department of Finance. The Department of Defence recoups the salary costs of the staff member on secondment from the Civil and Public Service Union.

423 Questions— 14 September 2011. Written Answers

Defence Forces Reserve 715. Deputy Willie O’Dea asked the Minister for Defence what was the establishment of the Naval Service Reserve in each of the years November 2005, 2006, 2007, 2008, 2009 and 2010. [23153/11]

716. Deputy Willie O’Dea asked the Minister for Defence the strength of the Naval Service Reserve in each of the years 2005, 2006, 2007, 2008, 2009 and 2010; and the number of persons who were discharged. [23154/11]

717. Deputy Willie O’Dea asked the Minister for Defence the number of recruits taken into the Naval Service Reserve in each of the years 2005, 2006, 2007, 2008, 2009 and 2010. [23155/11]

718. Deputy Willie O’Dea asked the Minister for Defence the current strength of the Naval Service Reserve; and the number of recruits enlisted to the end of July 2011. [23156/11]

719. Deputy Willie O’Dea asked the Minister for Defence the number of officers and non- commissioned officers in the Naval Service Reserve who were promoted since 2007 to the present; and the ranks to which they were promoted. [23157/11]

720. Deputy Willie O’Dea asked the Minister for Defence the estimated figure for recruits to the Naval Service Reserve to be enlisted from July to November 2011. [23158/11]

Minister for Defence (Deputy Alan Shatter): I propose to take Questions Nos. 715 to 720, inclusive, together. During 2005 and following reorganisation, the FCA — An Fórsa Cosanta Áitúil (Local Defence Force) — and the Slua Muirí became the Reserve Defence Forces, Army Reserve and Naval Service Reserve with a consequent reduction and amalgamation of units. The establishment of the Naval Service Reserve since 1 October 2005 has been 400 all ranks. The following table shows the strength, number of discharges, retirements and resignations and the number of recruits in the Naval Service Reserve from 2005 to 2010 inclusive:

Year Strength at 31/12 Total number of Recruits Discharges, Retirements and Resignations during the year

2005 408 28 39 2006 361 88 41 2007 312 78 29 2008 291 48 27 2009 293 16 18 2010 263 68 38

The strength of the Naval Service Reserve as at 31 July 2011 was 224 personnel. The number of recruits enlisted to the Naval Service Reserve from 1 January 2011 to 31 July 2011 was 18. In the period since 2007 two officers were promoted from Ensign to Sub-Lieutenant and 18 Able Seaman were promoted to Leading Seaman in the Naval Service Reserve. It is estimated that a further seven personnel may be enlisted in the Naval Service Reserve in the period from the end of July 2011 to November 2011.

Question No. 721 answered with Question No. 713. 424 Questions— 14 September 2011. Written Answers

Departmental Expenditure 722. Deputy Shane Ross asked the Minister for Defence the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card. [23310/11]

Minister for Defence (Deputy Alan Shatter): A total of four post holders in my Department have been issued with official credit cards, as set out as follows.

Credit Card Holder Credit Limit

Private Secretary to Minister for Defence €10,000 Private Secretary for Minister of State at the Department of Defence €10,000 Secretary-General of Department of Defence €10,000 Human Resources Manager €5,000

Details of total annual expenditure and entertainment expenditure on these credit cards, excluding Government stamp duty and membership fees, over the past four years is set out as follows.

Year Total Annual Expenditure Total Entertainment Expenditure

2008 €7,663.66 €659.40 2009 €2,100.82 Nil 2010 €2,208.75 Nil 2011 €627.18 Nil

Ministerial Staff 723. Deputy John O’Mahony asked the Minister for Defence the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23340/11]

724. Deputy John O’Mahony asked the Minister for Defence the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23355/11]

725. Deputy John O’Mahony asked the Minister for Defence the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23370/11]

Minister for Defence (Deputy Alan Shatter): I propose to take Questions Nos. 723 to 725, inclusive, together. The information requested by the Deputy, is set out in the following tabular statement.

425 Questions— 14 September 2011. Written Answers

[Deputy Alan Shatter.] — 0 € 5,224 37,138 € 106,795 € 09/03/11 € ER PRSI) — 13,871 38,016 25,470 14,284 € € € € 72,386 153,407 198,392 266,445 € € € € 219,487 207,218 296,895 106,714 € € € € 31/08/2011 2009 (inc ER 2010 (inc ER 01/01/11 — 08/03/11 PRSI) PRSI) 08/03/11 02/09/11(inc (average) 2220 4444 7881 31/12/2009 31/12/2010 01/01/11 Office Constituency Office Office OfficeSpecial Advisors Minister for Defence Private Minister for Defence Staff NumbersMinister of State Private Staff Numbers Staff*Two Numbers people in the Minister of Staff State Numbers Private Office up to 28/09/2009. 1* Salary Cost Salary Cost Salary Cost 1 Salary Cost 1 1

426 Questions— 14 September 2011. Written Answers

The Minister of State at the Departments of the Taoiseach and Defence does not have a constituency office at Department of Defence.

Departmental Expenditure 726. Deputy Simon Harris asked the Minister for Defence the budget available to his Depart- ment for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23442/11]

Minister for Defence (Deputy Alan Shatter): The IT budgets for 2010 and 2011, for my Department and for each of the State agencies under the aegis of the Department, are listed in the following tabular form;

2010 2011

Department of Defence1 €2,230,000 €2,260,000 Defence Forces €2,837,000 €2,368,000

Ombudsman for the Defence Forces IT Budget is built into the Office’s overall grant-in-aid allocation (which is < €500,000 per annum). ODF yearly capital spend has been less than 5% of annual grant in aid (i.e. capital spend is < €25,000 per annum) 1The Department provides IT services for both the Civil Defence Board and the Army Pensions Board so they do not have their own IT budgets.

All IT purchases are based on a business case. When the business case is approved, the equipment is purchased in accordance with public procurement policy and procedures laid down by the Department of Finance and in EU Procurement regulations. These procedures and regulations provide for a competitive process carried out in an open, objective and transparent manner that can achieve best value for money. Both the Department and the State Agencies comply with the Department of Finance circulars relating to arrangements for Information and Communication Technology (ICT) Expendi- ture in the Civil and Public Service. These arrangements require that: • ICT expenditure is approved by ICT vote control section in the Department of Public Expenditure and Reform; • Use is made of central procurement frameworks or services where they are available; • All ICT purchases greater than €10,000 are advertised on the etenders website to enable a wide range of responses from interested vendors; • Total Cost of Ownership (TCO) is used when examining new products; and • Renewal of support is subject to a detailed examination of whether the support is actually required. In addition to the above, the joint civil/military IT Steering Committee within Defence ensures that there is co-ordination of procurement objectives across the Defence Organisation. I am satisfied that the procedures in place are appropriate and that the Department continually strives to improve value for money in relation to ICT procurement.

Expenditure Reviews 727. Deputy Sean Fleming asked the Minister for Defence if he will publish the details of 427 Questions— 14 September 2011. Written Answers

[Deputy Sean Fleming.] his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23469/11]

Minister for Defence (Deputy Alan Shatter): Departmental submissions to the Comprehen- sive Review of Expenditure (CRE) are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget.

Defence Forces Personnel 728. Deputy Anthony Lawlor asked the Minister for Defence the number of personnel in the Defence Forces and in his Department for the years 2008, 2009, 2010 and to date in 2011. [23618/11]

Minister for Defence (Deputy Alan Shatter): The following table outlines the number of personnel in the Department of Defence and the Permanent Defence Force broken down annually from 2008 to 2011. The figures reflect the number of staff (full time equivalents) serving at the end of December each year and on 31 July 2011.

Staff Numbers Department of Defence Permanent Defence Force

2008 384.64 10,409 2009 351.06 9,933 2010 328.79 9,550 2011 326.35 9,569

729. Deputy John McGuinness asked the Minister for Defence further to Parliamentary Question No. 306 of 10 May 2011, if he will revisit this matter in view of the fact that the information and ophthalmic prescription form had been submitted by the member at that time and, therefore, a decision could have been made under general routine order 43/1955; if the prescription dated 10 May 2011 will be acted upon; and if he will make a statement on the matter. [23738/11]

Minister for Defence (Deputy Alan Shatter): I am advised by the Military Authorities that General Routine Orders are published for the general information and guidance of members of the Defence Forces and consequently are descriptive in nature rather than prescriptive. Accordingly, the details contained in Paragraph 65 of General Routine Order 43/1955 cannot be relied upon to confer an entitlement to spectacles. In relation to the individual in question I am advised that in line with Medical Council Ethical Guidelines the Directorate of the Medi- cal Corps does not publicly disclose information relating to clinical examination results for reasons of confidentiality.

Defence Forces Recruitment 730. Deputy Robert Troy asked the Minister for Defence his plans to lift the embargo on the recruitment of army officers; and if he will make a statement on the matter. [23749/11]

Minister for Defence (Deputy Alan Shatter): The Cadetship Competition is the entry level for the majority of Officers of the Permanent Defence Force. From the Cadetship Competition, suitable candidates are selected for the award of cadetship positions. 42 Cadets were inducted 428 Questions— 14 September 2011. Written Answers in 2009 (30 Army and 12 Naval Service) and a further 30 Cadets were inducted in 2010 (21 Army, 6 Naval Service and 3 Air Corps). From the Cadetship Competition 2011 there will be an intake of 32 Cadets (21 Army, 8 Naval Service and 3 Air Corps) on 3 October 2011. In addition, from Direct Entry Competitions held to fill vacancies in specialist appointments, 5 Doctors were appointed in 2009 to the Defence Forces Medical Corps.

Pension Provisions 731. Deputy David Stanton asked the Minister for Defence the number of retired Defence Force personnel who are in receipt of an Army service pension who are not in receipt of the military service allowance; and if he will make a statement on the matter. [23782/11]

Minister for Defence (Deputy Alan Shatter): Arising from a recommendation made in 1990 by the Commission on Remuneration and Conditions of Service in the Defence Forces (the Gleeson Commission), Military Service Allowance (MSA) was made pensionable in the case of personnel retiring on or after 1 August 1990. This approach was fully consistent with settled public service pensions policy which provides that the benefit of an allowance being made pensionable for serving personnel does not extend to existing pensioners.In the Final Report of the Commission on Public Service Pensions, which was published in November 2000, the Commission specifically addressed the issue of the pensionability of allowances (including the MSA) and the consequences for public service pensioners generally. However, having considered the arguments advanced by the groups affected (such as military pensioners), together with long-standing public service pensions policy in that context and the substantial cost implications involved, the Commission did not recommend any increase for the pensioners concerned. The Report was considered and broadly accepted by Government. Aside from pre- August 1990 Defence Forces pensioners, the other groups affected include certain retired members of An Garda Síochána and the Prison Service and retired teachers. In the context of the Government’s subsequent consideration of the Commission’s Report, no change in existing policy on this matter has been authorised or is contemplated. At present, there are approximately 10,650 persons in receipt of military occupational pensions under the Defence Forces Pensions Schemes (including almost 1,600 spouses and children of deceased personnel). About 2,900 of these are pre-August 1990 military pensioners who do not qualify for the MSA in their pension. The direct cost to this Department of extending the benefit of MSA to them is currently estimated at €6.1 million a year. The position of these Defence Forces pensioners cannot be looked at in isolation of the wider public service. Any departure from established pensions policy for one group would give rise to significant cost repercussions in other areas of the public service. Accordingly, there is no scope for departing from settled public service pensions policy in the case of MSA.

Departmental Expenditure 732. Deputy Pearse Doherty asked the Minister for Defence the potential savings to the Exchequer by reducing professional fees paid by the State by 25%. [24280/11]

Minister for Defence (Deputy Alan Shatter): Based on professional fees paid by my Depart- ment in 2010, it is estimated that a reduction in the fees of 25% would have yielded savings in the region of €1.2m.

Grant Payments 733. Deputy Áine Collins asked the Minister for Agriculture, Fisheries and Food the reason his Department is seeking repayment of €3,065.36 from a person (details supplied). [22677/11]

429 Questions— 14 September 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced in REPS 3 on 1st Oct 2006 and received payment for all 5 years of the contract. Following an inspection carried out on 13th July 2010, an area discrepancy was discovered which resulted in the imposition of a clawback totalling €3,080.69. The person named was notified of this clawback by letter dated 3rd May 2011 and of the right of appeal. To date no appeal has been received by officials in my Department.

Sport and Recreational Development 734. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that landowners and farmers of the Tousist and Laur- agh area have always objected to their lands being vested; if his further attention has been drawn to the fact that the farmers and tenants in the Tousist area of the parish have never agreed to a land purchase with the Lansdowne Estate; his views on the documentary proof of this fact, under the 1923 Land Act, the Land Commission assumed and presumed that the landowners and tenants had agreed to a land purchase with the landlords before 1922 (details supplied). [22897/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I understand from the details supplied that the issue in this case revolves around the treatment of fishing and sporting rights by the Irish Land Commission on this Estate. The Irish Land Commission was an independent statutory Commission set up under the Land Purchase Acts and it is not open to me as Minister to review its decisions. The Commission was dissolved by the commencement in 1999 of the Irish Land Commission (Dissolution) Act 1992. Under Section 5 of that Act all fishing rights and fisheries which prior to the commencement of the Act stood vested in or reserved to the Commission now stand vested in or reserved to the Central Fisheries Board, now Inland Fisheries Ireland. Sporting rights which were vested in the Commission are now managed by the Forest and Wildlife Service. However provision has been made in section 18 of the 1965 Land Act for the extinguishment of sporting rights, other than fishing rights, over registered lands, where such rights have not been exercised for a period of twelve years.

Departmental Regulations 735. Deputy Dominic Hannigan asked the Minister for Agriculture, Fisheries and Food the regulations that exist on the growing of rapeseed in close proximity to housing estates; if there is a minimum distance between the crop and the dwelling that has to be observed; and if he will make a statement on the matter. [22650/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department does not operate controls regarding the growing of rapeseed near urban areas.

Grant Payments 736. Deputy Áine Collins asked the Minister for Agriculture, Fisheries and Food the reason he is seeking repayment from a person (details supplied). [22678/11]

430 Questions— 14 September 2011. Written Answers notified of this clawback by letter dated 3rd May 2011 and of the right of appeal. To date no appeal has been received by officials in my Department.

737. Deputy Áine Collins asked the Minister for Agriculture, Fisheries and Food the way he assessed that a person (details supplied) in County Cork had been overpaid. [22681/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person in question established a plantation in December 2007 under a pilot project for the Forestry Envir- onment Protection Scheme (FEPS). The pilot scheme had a higher rate of top-up payment than that which applied to the FEPS scheme which was subsequently implemented. It was decided that applicants who had planted under the pilot scheme were entitled to retain the higher rate of top-up payment once they continued to fulfil all the terms and conditions of the FEPS scheme. Therefore, this applicant was entitled to the higher top-up rate. As a result of a control check of FEPS files, the client was informed that he had been overpaid on the basis that he should have been paid at the lower standard FEPS rate. However, a further review of the applicant’s file revealed that the FEPS top-up payments made to him were at the correct rate. Arrangements were made to cancel the previous request to the client for repayment of the overpayment. The Forest Service has written to the client to notify him of this.

Departmental Schemes 738. Deputy Michael Lowry asked the Minister for Agriculture, Fisheries and Food the reasons for the delay in processing applications for the farm improvement scheme; the number of people affected by this delay in the County Tipperary-Offaly area; and when he expects this delay to be resolved. [22693/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): A total of 12, 675 applications were received under the Farm Improvement Scheme when the Scheme was closed on 31 October 2007. The financial allocation for the Scheme was €79 million which enabled my Department to approve 7,347 applications received in the period up to 21 October 2007. My Department processes applications to payment stage upon receipt of valid payment claims. Approximately 5,400 projects have been completed and submitted for payment by the applicants to date. Claims are still awaited from the remainder. There are currently five applications in the Department’s Local Offices in Tipperary and Offaly at various stages of examination, two of which are awaiting reply from correspondence issued to the applicants and one where payment is currently being issued. The Department’s aim is to process all payment claims as quickly as possible.

Departmental Expenditure 739. Deputy Shane Ross asked the Minister for Agriculture, Fisheries and Food the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22717/11]

754. Deputy Shane Ross asked the Minister for Agriculture, Fisheries and Food the amount his Department has spent on taxis for staff and for others in each of the past four years. [23291/11]

431 Questions— 14 September 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I propose to take Questions Nos. 739 and 754 together. My Department uses taxis in the course of its work for a variety of purposes where the use of other public transport is not possible for reasons of practicality i.e. the necessity to carry official documents, timetable of public transport, loss of official time etc. These taxis costs are generally covered by existing budgets including, for example, travel and subsistence. There is no specific annual budget assigned to taxi costs. The amount of money spent on taxis since 2007 until 31 August 2011 is listed in the following table.

Total Amount Spent on Taxis

2007 2008 2009 2010 End of August 2011

€79,418 €86,171 €57,539 €48,809 €25,255

Planning Issues 740. Deputy Tom Fleming asked the Minister for Agriculture, Fisheries and Food if he will ensure that farmers will not have to go through a long process of having to seek and obtain planning permission and also through the expense of carrying out an environmental impact assessment for land reclamation works, drainage works, ditch removals and so on as proposed by the EU Commission. [22823/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): On Thursday 8 September 2011, I signed into law the European Communities (Environmental Impact Assessment) (Agriculture) Regulations 2011 (S.I. No. 456 of 2011) to address the findings of the European Court of Justice against Ireland in the manner that the Environmental Impact Assessment (EIA) Directive (85/337/EEC), as amended, was transposed into Irish law. The Court found that Ireland was over-reliant on size thresholds and did not take other relevant criteria, such as the cumulative impacts of development, the location of the development or activity relative to sensitive sites etc, into account. The Regulations relate to three categories of projects— • restructuring of rural land holdings, • the use of uncultivated land or semi-natural areas for intensive agriculture, and • land drainage works on lands used for agriculture The Department of Environment, Community and Local Government, as the lead Department in the infringement proceedings, worked closely with my Department to put a legal framework in place to comply with the judgement. Two sets of Regulations have been introduced to address the judgement. It was considered by both Departments that, with the exception of drainage and reclamation of wetlands, all of the other activities are more appropriate outside of the planning system, and should therefore be regulated by my Department. These elements have therefore been removed from the planning system by exemption under the Planning and Development (Amendment) (No.2) Regu- lations 2011, introduced by my Ministerial colleague Mr. Phil Hogan T.D., Minister for the Environment, Community and Local Government, and have now been included in my Depart- ment’s Regulations. 432 Questions— 14 September 2011. Written Answers

My Department’s Regulations provide for a screening and consent system that will not only satisfy the requirements of the Directive but will also provide a practical and workable solution for farmers. Activities under the thresholds set out in the Regulations that do not have an adverse impact on the environment can proceed without having to be screened by my Department. Above these thresholds farmers will have to apply to my Department for screening as to whether the proposed activity should proceed or that it requires an Environmental Impact Assessment to be conducted. There will be no cost involved in the screening application. It will be a relatively straightforward process and each application will be adjudicated upon on a case by case basis in a timely manner, taking into account the relevant criteria outlined in the Directive. Mandatory Environmental Impact Assessments will only be required for larger projects which are above specific thresholds set out in the Regulations. The implementation of this practical system provides a workable solution that will minimise the administrative burden on farmers, keep the process, with the exception of drainage and reclamation of wetlands, outside the planning system and also ensure that Ireland should not be open to the imposition of very large daily fines for non-compliance with the European Court of Justice finding.

Grant Payments 741. Deputy Tony McLoughlin asked the Minister for Agriculture, Fisheries and Food when the payments for the participants of agri-environment options scheme 2010 will be awarded; and the timeframe for payment to participants of the AEOS scheme 2011. [22826/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Payment of 75% of the 2010 entitlement under AEOS 1 has commenced and payments totally €1.4 million have now issued. Payment of the initial 75% of the 2010 entitlement will continue to be paid to farmers in the coming weeks once they have passed the comprehensive administrative check, including cross-checks with the Land Parcel Identification System. Payment of the remaining 25% is due to commence in October while payments in respect of year 2 for AEOS 1 applicants will commence in November. Approvals for AEOS 2 applicants will issue shortly and I expect that will commence in the first quarter of 2012.

Forestry Sector 742. Deputy Sean Fleming asked the Minister for Agriculture, Fisheries and Food his views on agroforestry projects and the new botanical industry here and the need to develop innovative plans to assist biodiversity in forestry, climate change and agriculture; and if he will make a statement on the matter. [22841/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Agroforestry is a land use system which facilitates the growing of trees with crop and livestock production on the same land unit. There are several types of agroforestry systems but it commonly involves growing crops or grazing livestock between rows of trees planted at wide intervals. Agroforestry is not widely practised in Ireland, but it offers considerable potential on many Irish farms to plant trees in ways which contribute actively to a better environment, while complementing existing farming practice. While there appears to be some increased interest in agroforestry among some farmers, there are no immediate plans to introduce a specific agroforestry scheme.

433 Questions— 14 September 2011. Written Answers

Proposed Legislation 743. Deputy Catherine Murphy asked the Minister for Agriculture, Fisheries and Food if, in view of the need to update the Forestry Act, he will prioritise the publication of a new Bill on this topic; and if he will make a statement on the matter. [22875/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Government has approved the heads of the Forestry Bill, and discussions are continuing between my Depart- ment and the Office of the Attorney General with a view to finalising the text of the Bill. It would be my intention to publish the Bill as soon as possible.

Animal Welfare 744. Deputy Joan Collins asked the Minister for Agriculture, Fisheries and Food his policy on hare coursing; his plans to ban this practice; and if he will make a statement on the matter. [22881/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Under the provisions of the Greyhound Industry Act, 1958 the regulation of coursing is chiefly a matter for the Irish Coursing Club (ICC) subject to the general control and direction of Bord na gCon, which is the statutory body with responsibility for the improvement and development of the greyhound industry, greyhound racing and coursing. The Minister for the Environment, Community and Local Government Under section 34 of the Wildlife Act 1976 also has responsibility for the issue of an annual licence to the Irish Coursing Club, ICC, and its affiliated clubs to capture live hares. A Monitoring Committee on Coursing was established in 1993/94 comprising Departmental officials and representatives from both the National Parks and Wildlife Service (NPWS) and the ICC to monitor developments in coursing. Both wildlife rangers (NPWS) and a veterinary inspector attend coursing meetings on a random basis in an observer capacity and report on their findings. The Monitoring Committee also arranges to have any complaints or reported incidents investigated. As a result, the situation is kept under constant review. This Department monitors the situation to ensure that coursing is run in a well controlled and responsible manner in the interest of animal welfare both for hares and greyhounds alike. Consequently the Government does not plan to ban hare coursing.

Cattle Identification Scheme 745. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food the reason that all cattle tags here are printed, produced and sent from France; the further reason that these tags cannot be manufactured and produced here; and if he will make a statement on the matter. [22951/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The contract for the supply of cattle tags is awarded on the basis of a public tender process conducted in accordance with EU and national legislation on public procurement. It is open to all suppliers of cattle tags to participate in this process. My Department recently advertised for a new bovine tags contract to cover the period 1 November 2011 to 31 October 2014 and two tender applications are presently being assessed.

Harbours and Piers 746. Deputy Charlie McConalogue asked the Minister for Agriculture, Fisheries and Food

434 Questions— 14 September 2011. Written Answers the status of a breakwater project (details supplied) in County Donegal; its priority rating for capital expenditure when funding becomes available in the future; and if he will make a statement on the matter. [23151/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Greencastle harbour is owned by Donegal County Council and responsibility for the maintenance and development of the harbour rests with that local authority in the first instance. My Department has, however, in recent years, project managed works on phase one of the Greencastle Harbour development project on behalf of Donegal County Council as well as providing funding. I can confirm that I have made a further €400,000 of funding available this year for Green- castle as part of my Departments Fishery Harbour and Coastal Infrastructure Development Programme. This funding will be used to provide capping to protect the top of the breakwater. Future funding for phase 1 of the Greencastle harbour development project will be considered in the context of funding commitments from Donegal County Council, available Exchequer Funding and overall national priorities.

Grant Payments 747. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food when a calf suckler payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [23182/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named registered forty seven animals under the 2010 Suckler Welfare Scheme. Payment has issued in respect of thirty seven animals. There are outstanding queries on the remaining ten animals. Letters issued to the applicant regarding eight of these animals on 9 May 2011 but no reply has been received from the applicant. A further letter has issued today in respect of the remaining two animals. The case cannot be progressed further until a reply has been received and the queries resolved.

748. Deputy Paul J. Connaughton asked the Minister for Agriculture, Fisheries and Food if retrospective payment will issue to a person (details supplied) in County Galway in regard to area aid payments between 2007 and 2010, in view of the fact that their area aid income was reduced in those years due to the fact that they planted 4.7 acres of forestry, despite a commitment that farmers who planted forestry would not be negatively affected in their single farm payment; and if he will make a statement on the matter. [23216/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Under the EU provisions of the governing EU Regulations, farmers must declare an eligible hectare for each payment entitlement held to benefit from full payment under the Single Payment Scheme. The EU Regulations do, however, provide that under certain circumstances a farmer can apply to consolidate their payment entitlements. In other words, while the overall value of the Single Farm Payment would remain the same, the number of entitlements held could be reduced and their value increased. One of the measures that are covered by the consolidation process is the afforestation of land under the Afforestation Aid Scheme. If an applicant considers that he or she is eligible to consolidate his or her entitlements in a particular scheme- year, an application must be made by the deadline for the receipt of Single Farm Payment applications in that scheme-year. This date is normally 15 May or the next working day if the 15th May falls on a weekend.

435 Questions— 14 September 2011. Written Answers

[Deputy Simon Coveney.]

As the person named did not submit an application for the consolidation of entitlements before the deadline for the receipt of applications during the period 2007 and 2010, the payments issued to the applicant in respect of those years were in accordance with the provisions of the Regulations. I understand that the person named has submitted an application to my Department to consolidate his entitlements in respect of the 2011 scheme-year and he will be informed in due course of the outcome of the application.

Veterinary Certification 749. Deputy Joanna Tuffy asked the Minister for Agriculture, Fisheries and Food the procedures that are in place to give appropriate recognition to persons who have qualified as veterinary surgeons in other EU countries and non-EU countries; and if he will make a statement on the matter. [23231/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Arrangements to give effect to mutual recognition obligations deriving from EU provisions on free movement of practitioners, who qualified in other EU states, are provided for in Section 43 of the Veterin- ary Practice Act 2005 (as amended by the European Communities (Veterinary Practice Act 2005) (Qualifications in Veterinary Medicine) Regulations 2007). Section 44 of the same Act provides for recognition of appropriately qualified applicants from Third Countries. The Veter- inary Council of Ireland, as designated registration body under the Act, has responsibility for giving effect to this legislation. Information on the Council’s registration procedures is available on its website (www.vci.ie).

Forestry Sector 750. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Kerry cannot plant trees at a location; and if he will make a statement on the matter. [23235/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): There is no record of an application for the person named under the Afforestation Schemes administered by my Department. In the absence of such an application, it is not possible to say with certainty whether or not his application would be successful. In general, most areas of county Kerry are suitable for afforestation. However, there are some areas of the county that are silviculturally unsuitable for growing trees, such as areas of infertile blanket peat; coastal areas which are prone to marine exposure and salt deposition; and elevated areas over 300 metres. Areas designated for nature conservation such as SPAs, SACs and NHAs, and areas deemed to be “potentially acid sensitive” by the EPA, may also restrict opportunities for afforestation in some areas of the county, even in areas that may be silviculturally suitable for forestry. All applications submitted to my Department for approval to undertake afforestation are examined by reference to the silvicultural and environmental suitability of the site for forestry. This includes an assessment of issues such as soil type, soil fertility, exposure etc., along with an assessment of the potential impact of the project on water quality, landscapes and nature conservation. My Department cannot use Exchequer funds to support the establishment of new forests in areas that are silviculturally unsuitable for forestry or where forestry may negatively impact on the environment.

436 Questions— 14 September 2011. Written Answers

Grant Payments 751. Deputy Michael Healy-Rae asked the Minister for Agriculture, Fisheries and Food the position regarding the case of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [23236/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named submitted an application for category B of the 2011 National Reserve. This category caters for new entrants to farming after 15th May 2009. A new entrant is defined as a farmer who did not pursue any agricultural activity in his/her own name or at his/her own risk in the five years immediately preceding the commencement of the new agricultural activity. The person named did not qualify under the new entrant category of the 2011 National Reserve as he commenced farming in March 2008. The person named has been notified in writing of this decision and has been given an opportunity to appeal.

Aquaculture Licences 752. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food further to Parliamentary Questions Nos. 334 of 11 May 2010 and No. 405 of 18 January 2011, the timeframe for this application (details supplied); and if he will make a statement on the matter. [23280/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): As indicated in previous replies the area for which the licences are sought is a designated Special Area of Con- servation under the EU Habitats Directive and a Special Protection Area under the EU Birds Directive (Natura 2000 site). My Department, in conjunction with the Marine Institute and the National Parks and Wild- life Service of the Department of Arts, Heritage and the Gaeltacht, is engaged in a comprehensive programme to gather the necessary baseline data appropriate to the conservation objectives of aquaculture sites located within Natura 2000 areas. This process is ongoing and significant progress has been made. The comprehensive data collection programme together with the setting of appropriate conservation objectives will enable all new and renewal applications to be appropriately assessed for the purpose of ensuring compliance with the EU Birds and Habitats Directives. Once the relevant data has been collected, conservation objectives for the site have to be established by the National Parks and Wildlife Service (NPWS). The establishment of these conservation objectives by NPWS will allow individual licence applications to be assessed against the conservation objectives. The area in question remains part of the package of prioritised areas under assessment. This package is reviewed on a regular basis with a view to expediting the appropriate assessment process. My Department, working with the National Parks and Wildlife Service, continues to make every effort to expedite the determination of these cases having regard to their complexities and the need to comply fully with all national and EU legislation.

Grant Payments 753. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive payment under the grassland sheep scheme 2010; and if he will make a statement on the matter. [23287/11]

437 Questions— 14 September 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the Single Payment Scheme/Grassland Sheep Scheme was received from the person named on the 14 May 2010. This application was fully processed and payment under the Grassland Sheep Scheme issued on 1 February 2011, based, in accordance with the provisions of the Scheme, on the original Sheep Census return received by my Department on 11 January 2010, which indicated that the person named had twenty breeding ewes in his flock. The person named has since appealed to my Department stating that incorrect details were entered on the Sheep Census return. The case is currently under review and the person named will be advised in due course, in writing, of the outcome of this review.

Question No. 754 answered with Question No. 739.

Departmental Expenditure 755. Deputy Shane Ross asked the Minister for Agriculture, Fisheries and Food the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card. [23306/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Details of the expenditure charged to my Department’s credit card account for the years 2007 to date are set out in the following table:

Year Number of Departmental Total Expenditure for year Expenditure on Official Credit Cards Hospitality

2007 49 €36,089.02 €7,558.67 2008 53 €68,338.60 €8,894.71 2009 47 €34,730.03 €1,478.81 2010 28 €31,346.51 €768.40 2011 (to statement of 3rd 20 €24,451.72 €417.87 August)

The cards above are issued to staff in connection with their official duties. The credit limit on each card is €5,000 with the exception of the credit card used for the purchase of publications for the Department’s library, which has a limit of €120,000.

Forestry Sector 756. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food if he will declare which areas of land are suitable for afforestation in County Kerry; if the situation will be reviewed; and if he will make a statement on the matter. [23323/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): In general, most areas of county Kerry are suitable for afforestation. However, there are some areas of the county that are silviculturally unsuitable for growing trees, such as areas of infertile blanket peat, coastal areas which are prone to marine exposure and salt deposition, and elevated areas over 300 metres. Areas designated for nature conservation such as SPAs, SACs and NHAs, and areas deemed to be “potentially acid sensitive” by the EPA, may also restrict opportunities for afforestation in some areas of the county, even in areas that may be silviculturally suitable for forestry. 438 Questions— 14 September 2011. Written Answers

Domestic Abattoirs 757. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of abattoirs and processing plants in County Mayo prior to the setting up of the Food Safety Authority; the number of veterinary inspectors that were employed to carry out inspections; and if he will make a statement on the matter. [23329/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Food Safety Authority of Ireland was established in 1999. According to my Department’s records, in total there were 32 approved abattoirs in Co Mayo in 1998. However my Department’s responsibility extended only to the supervision of the larger export approved plants of which there were 3 in 1998, all approved for slaughter. Those abattoirs that slaughtered not more than 1,000 livestock units per annum, operated under the supervision of the local authority. It is understood that there were there were 29 such local abattoirs in 1998 as well as retail butchers and small meat processing establishments were also required to be registered with the local Health Board. In 1998 there were 3 Veterinary Inspectors employed by my Department to supervise the 3 meat plants that were operating under Departmental control. A panel of temporary veterinary inspectors (TVIs) was in place and they carried out inspections on a contract-for-service basis on behalf of my Department It is understood that in 1998 Mayo County Council employed 1 Veterinary Inspector. The council also used the services of 6 TVIs. TVIs are private veterinary inspectors who carry out certain tasks as required on behalf of a competent authority.

758. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of abattoirs and processing plants in County Mayo; the number of veterinary inspectors employed to carry out inspections; and if he will make a statement on the matter. [23330/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department is responsible for the supervision of 7 larger meat plants in Mayo of which 4 are approved for slaughter. There are also 25 meat plants operating under local authority supervision in Mayo. A total of 16 of these plants are approved for slaughter. The criteria which determine whether a plant falls within the remit of either my Department or the local authority are set out in the European Communities (Food and Feed Hygiene) Regulations 2009 — S.I. No. 432/2009. My Department employs 5 Veterinary Inspectors who supervise the 7 plants that are under Departmental control. My Department also draws on a contract-for-service basis on a pool of 76 Temporary Veterinary Inspectors (TVIs). TVIs are private veterinarians who carry out certain duties on behalf of a competent authority. It is understood that Mayo County Council employs 3 Veterinary Inspectors. They are assisted in their meat inspection duties by 2 TVIs.

Ministerial Staff 759. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23336/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): In response to the Deputy’s question, I have detailed the following information in relation to the Ministers of State assigned to my Department since 2009:—

439 Questions— 14 September 2011. Written Answers

[Deputy Simon Coveney.] 2009

Tony Killeen Number of Persons employed Salary Cost

Private Office 3 €143,377.63 Constituency Office 4 €160,497.15

Trevor Sargent Number of Persons employed Salary Cost

Private Office 4 €257,667.93 Constituency Office 3.73 €176,354.62

2010

Trevor Sargent Number of Persons employed Salary Cost*

Private Office 4 €50,390.37 Constituency Office 3.73 €22,541.35 *Salary Cost up to 23/02/2010

Tony Killeen Number of Persons employed Salary Cost*

Private Office 3 €31,751.80 Constituency Office 4 €35,493.24 * Salary cost up to 22/03/2010

Sean Connick Number of Persons employed Salary Cost*

Private Office 3 €105,809.33 Constituency Office 4.6 €110,717.18 * Salary cost from 23/3/2010

2011

Sean Connick Number of Persons employed Salary Cost*

Private Office 3 €26,644.96 Constituency Office 4.6 €29,812.19 * Salary cost up to 9/3/2011

Shane McEntee Number of Persons employed Salary Cost*

Private Office 5 €92,561.12 Constituency Office 3 €59,412.08 * Salary cost from 10/3/2011

760. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of special advisers and programme managers in his Department; the annual amount 440 Questions— 14 September 2011. Written Answers paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23351/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): In response to the Deputy’s question, I have detailed the following information requested in respect of Special Advisers employed in my Department since 2009:—

Year Number employed Salary Cost

2009 3 €318,427.59 2010 3* €228,331.71 2011 1 (up to 9/3/11)2 (from April 2011) €39,305.47€78,845.42 *Includes one Special Adviser employed up to 23/2/2010

761. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23366/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): In response to the Deputy’s question, I have detailed below the information requested in respect of the staffing levels in the Minister’s private and constituency offices since 2009:—

2009

Brendan Smith Number of Persons employed Salary Cost

Private Office 8 €462,238.68 Constituency Office 6.3 €247,331.09

2010

Brendan Smith Number of Persons employed Salary Cost

Private Office 7.8 €460,171.37 Constituency Office 6.3 €241,314.28

2011

Brendan Smith Number of Persons employed Salary Cost*

Private Office 6.8 €85,618.66 Constituency Office 6.3 €41,278.51 * Salary cost up to 9/3/2011

Simon Coveney Number of Persons employed Salary Cost*

Private Office 8 €216,162.84 Constituency Office 3.8 €73,053.67 * Salary cost from 9/3/2011

441 Questions— 14 September 2011. Written Answers

Grant Payments 762. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when the final 25% payment will be awarded in respect of a person (details supplied) in County Tipperary; if further inspection is needed; when this will be carried out; and if he will make a statement on the matter. [23395/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 in 2008 and has received full payments for the first two years of their contract. In addition, 75% of the third year payment issued on 17th December 2010 for the amount of €7,787.75. My Department is currently making arrangements to process the outstanding 25% payments to farmers in instances where penalties have been imposed, including the person named, and I now expect that these outstanding payments will commence in October.

Animal Breeding Regulations 763. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the current requirements to import sheep from Scotland to here; and if he will make a statement on the matter. [23407/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Intra-Community trade in sheep is governed by the provisions of Council Directive 2003/50/EC which amends Council Directive 91/68/EEC. These controls apply to breeding sheep whether they are imported or exported and all sheep must be certified with regard to their health status. Under these rules, breeding and fattening sheep must be certified as having been continuously resident on a holding of origin for at least 30 days prior to export including a standstill period of 21 days prior to export during which time no sheep have been introduced on to the holding. A derogation applies where sheep introduced during the standstill period are completely isolated from all other animals on the holding. Breeding sheep must have been obtained from a holding and must only have been in contact with animals from such a holding in which in the previous 6 months contagious agalactia of sheep, in the previous 12 months paratubercuosis or caseous lymphadenitis, and in the previous 3 years pulmonary adenomatosis or Maedi Visna, have not been clinically diagnosed. Ireland is free from Maedi-Visna (MV). Imports of sheep from Scotland should be accompanied by a supplementary health certificate issued by an official veterinarian providing additional guarantees for freedom from Maedi Visna. Breeding rams must also come from a holding on which no case of contagious epididymitis (Brucella Ovis) has been recorded in the last 12 months and they must have been kept perma- nently on the holding for 60 days prior to export. Breeding rams must also be tested for contagious epididymitis (Brucella Ovis) with a negative result, within 30 days prior to export. The rules in relation to scrapie are that all breeding sheep must either be of the ARR/ARR prion protein genotype, or have been kept in a scrapie monitored flock for at least 3 years with no cases of scrapie being confirmed during this period. Sheep for slaughter must be certified as having been continuously resident on the holding of origin for at least 21 days prior to export during which time no sheep have been introduced on to the holding. All sheep for slaughter must be consigned to a slaughterhouse. There are no scrapie requirements on the health certificate for sheep for slaughter.

Grant Payments 764. Deputy Sean Fleming asked the Minister for Agriculture, Fisheries and Food when an

442 Questions— 14 September 2011. Written Answers agri-environment options scheme payment will be awarded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23416/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named was approved into the AEOS scheme with effect from the 1st November 2010. Under the EU Regulations governing the Agri-Environment Options Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. Payments have commenced as the administration checks have been completed satisfactorily. However, the checks have highlighted a discrepancy between the amount claimed on the AEOS application and the Single Payment Scheme (SPS) application of the person named. A letter has issued to the person named outlining the problem and asking the person named to amend the application in line with his SPS application. Once a reply is received the file will be processed further.

Departmental Expenditure 765. Deputy Simon Harris asked the Minister for Agriculture, Fisheries and Food the budget available to his Department for information technology, IT, expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23438/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The IT expenditure budget allocation for my Department in 2010 was €22,379,200 and in 2011 was €21,079,505. My Department provides a robust and resilient ICT infrastructure to customers, staff, agents and partners including shared service offerings to state agencies and other Government Depart- ments. It also supports a wide range of modern and efficient IT systems that underpin the Department’s critical business processes. Savings are achieved on an ongoing basis by leverag- ing maximum value from existing investments, negotiating reductions on contracts and software licences, and careful management of external resources for software development. My Department ensures that all public procurement procedures in relation to IT equipment, as outlined by the Department of Finance, are adhered to during the procurement process. As part of these processes every effort is undertaken to ensure value for money and achieve cost reductions. IT expenditure is based on competitive tendering with extensive use of Central Government and Department specific frameworks which continue to drive costs down. As part of the Croke Park Agreement, a 5% saving in ICT expenditure will be achieved in each year from 2012 to 2014. In relation to agencies under the aegis of my Department, the budgets and procedures in place for the purchasing of IT equipment for each State agency is an operational matter for the agencies themselves. In order to provide the Government with a comprehensive set of decision options to meet the funding constraints in the National Recovery Plan, 2012-2014, the Department has carried out a comprehensive review of both current and capital expenditure. This Review which covers all areas of the Department’s activities will be considered as part of the overall pre-budget deliberations and the 2012 Estimates process of the Government.

Expenditure Reviews 766. Deputy Sean Fleming asked the Minister for Agriculture, Fisheries and Food if he will publish the details of his Department’s submission and all correspondence to the Department

443 Questions— 14 September 2011. Written Answers

[Deputy Sean Fleming.] of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23465/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Departmental submissions under the Comprehensive Review of Expenditure (CRE) are a central part of the overall pre-budget deliberations and the 2012 Estimates process of the Government. As such, release of these documents could not be considered in advance of Government decisions and announcements on the forthcoming Budget. The Minister for Public Expenditure & Reform has already indicated that it is his intention to publish the Reports submitted as part of the CRE process following the finalisation of the budgetary process.

Grant Payments 767. Deputy Nicky McFadden asked the Minister for Agriculture, Fisheries and Food his views on proposals from the EU Commission to introduce EU flat payments by 2019; and his further views on proposals to distribute the single farm payment on a uniform per hectare basis within a region. [23511/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): There are as yet no proposals from the Commission regarding the future arrangements for the grant of payments to farmers under the Common Agricultural Policy. The Commission proposals for the future of the CAP including its proposals for direct payments to farmers will not be published until mid October. While some draft early versions of Commission proposals have been mentioned in media, the final proposals from the Commission may differ from these drafts in many respects. Nevertheless, in its communication of November 2010 the Commission announced its intention of moving towards uniform regional or national rates of payment and there is pressure from the European Parliament and many Member States to do this. However I, along with Ministers from other Member States, strongly pressed for greater flexibility for member states to adopt payment models suitable to their own conditions. I will continue to stress this point in the upcoming negotiations.

Animal Identification Scheme 768. Deputy Nicky McFadden asked the Minister for Agriculture, Fisheries and Food his views on recent centralised movement monitoring system, CMMS, data showing the reduction of 177,000 cattle in the country; his further views on the tight nature of finished cattle supplies at present; and the impact that this is having on prices for farmers. [23519/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Animal Identifi- cation and Movement (AIM formerly CMMS) system is a generic traceability system that allows my Department to track trends in the bovine population. The most recent data on the cattle herd profile sourced from the AIM system shows that there was a reduction of over 172,000 head in the number of cattle aged from 12 to 30 months at 1 June 2011 compared to the same date in 2010. Clearly, a reduction in cattle numbers of that magnitude in this age cohort will adversely impact on supplies for the remainder of 2011 and throughout 2012. Changes in cattle numbers can occur for many reasons but the current decline in young male cattle, which collectively account for some 165,000 of the decrease, is largely attributable to the effects of the strong live export trade in previous years together with an increase in young bull production.

444 Questions— 14 September 2011. Written Answers

A tight supply situation, both nationally and internationally, is contributing to strong price returns for domestic producers. Total cattle throughput at Irish meat export premises to the end of August was almost 53,000 head (or 5%) down on the corresponding period in 2010. To date this year, average prices paid by Irish meat plants for all categories of stock are between 14% and 17% higher than those prevailing during the same period in 2010. This is welcome news for livestock farmers who must also contend with higher input costs for feed, fertiliser and energy which typically constitute of 70% of total costs in beef production after stock purchases are taken into account. The outlook for the remainder of the year is that prime cattle availability will remain considerably tighter than last year while export demand is likely to increase because of falling EU production and supplies. According to Bord Bia estimates, supplies at domestic export plants will reach around 1.54 million head for the year, which would equate to a fall of 100,000 on 2010 levels. Given these favourable market conditions, the immediate prospects are for a strong autumn trade which should help further boost producer profitability in this important indigenous export sector.

Animal Feedstuffs 769. Deputy Nicky McFadden asked the Minister for Agriculture, Fisheries and Food his views on the proposals by a proposal by the Irish Grassland Association for farmers to consider re-seeding as a practice; and his further views on the economic benefits this may bring to the farming community. [23522/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): Grass re-seeding, if correctly carried out, is a cost effective means of significantly increasing productivity on the majority of livestock farms. Modern grass varieties are bred to meet the varied demands of these intensive enterprises. As a result of the grass seed evaluation programme carried out by my Department the current grass varieties recommended for use in this country have the ability, when grown on good soils, to produce excellent yield and quality while also extending the grass growing period. Over the last decade the annual rate of reseeding of pasture land in Ireland has been in the region of 2.5%. However in the 2010/2011 season, following strong promotion of the economic benefits of reseeding by Teagasc and others organisations such as Irish Grassland Association, this rate has increased considerably and this is a welcome development.

Grant Payments 770. Deputy Nicky McFadden asked the Minister for Agriculture, Fisheries and Food when the 1,000 REP four scheme farmers, who have not yet received their payment of 2010, will expect to be paid; when the 2,000 REP four scheme farmers who are awaiting a final 25% will be paid; and if he will make a statement on the matter. [23524/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): REPS 4 is a measure under the Rural Development Programme, 2007-13, and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before payments can issue. These administrative checks have been completed and of the 30,300 farmers due a payment in respect of 2010, approximately 750 applicants are currently awaiting their initial 75% payment for the year. This is due to queries which have arisen during these administrative checks. Outstanding queries are being rectified on an ongoing basis, including through correspondence with applicants, and payments issue as soon as the queries are resolved. My Depart- ment is also currently making arrangements to process the outstanding 25% payment to farmers in instances where penalties have been imposed. I now expect that these outstanding payments

445 Questions— 14 September 2011. Written Answers

[Deputy Simon Coveney.] will commence in October to approximately 2,000 farmers with penalties. Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

771. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive payment under the agri-environment options scheme; when will record sheets requested by the person be issued; and if he will make a statement on the matter. [23549/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named has been approved into the AEOS Scheme with effect from 1st November 2010. Under the EU Regulations governing the Agri-Environment Options Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed on all applications before any approvals can issue. All applications were processed as quickly as possible and due to the complex nature of the checks relating to applications involving SAC areas, these applications were approved with effect from 1 November 2010. The person named has a contract period of 5 years and two months. In addition, as part of the checks required under EU regulations, the person named was randomly selected for inspection. As part of this process Record Sheets documenting details of actions undertaken under AEOS must be inspected and authorised by the Department’s inspector. The record sheets were posted to the person named on 12th September 2011 and once completed and returned to the inspector, the claim will be processed further without delay.

772. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food the position regarding an appeal for REP scheme payment in respect of a person (details supplied) in County Kerry.; and if he will make a statement on the matter. [23569/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 3 in December 2006 and has received payment in respect years 1 to 4. Following an inspection on 3rd December 2010, the person named was notified that penalties totalling 105% of the 5th year payment were to be imposed. An appeal dated 23rd March 2011 was received by my Department. Following a review of the case, the person named was informed by letter on 24th May 2011 that the appeal was not successful. The person named subsequently appealed this decision to the Agriculture Appeals Office on 22nd August 2011. All documentation relating to the file of the person named has been forwarded to the Agri- culture Appeals Office who will conduct an independent review of the case.

773. Deputy Patrick O’Donovan asked the Minister for Agriculture, Fisheries and Food the reason for the delay of payment in respect of a person (details supplied) in County Wexford; when payment will issue; and if he will make a statement on the matter. [23582/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The payments in question are due to the estate of the late mother of the person named. Following communication with the Inheritance Enquiry Unit of my Department in July 2010, the person named, who, it is understood, is not the executor of his late mother’s will, was requested to supply either a Grant of Representation or alternatively the name of a Solicitor who would undertake the responsibility for receiving and distributing the payments according to the will of the deceased person.

446 Questions— 14 September 2011. Written Answers

To date the person named has not made available the requested information and consequently it has not been possible to release the outstanding monies. When such information becomes available it should be directed to: Inheritance Enquiry Unit Department of Agriculture, Fisheries and Food Eircom Building Knockmay Road Portlaoise Co. Laois Tel: 1890 200 560.

774. Deputy John O’Mahony asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Mayo will receive their 2010 single farm payment; and if he will make a statement on the matter. [23595/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The appeal submitted by the person name has not been fully processed by my Department. As a result of the outcome of the appeal, payment in respect of the 2010 Single Payment Scheme will issue to the applicant shortly.

775. Deputy Tom Fleming asked the Minister for Agriculture, Fisheries and Food if he will examine the single farm payment in respect of a person (details supplied) in County Kerry with a view to expediting payment in view of the fact that there is a delay in processing this application. [23776/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application under the 2010 Single Payment Scheme/Disadvantaged Areas Scheme was received from the person named on 6 May 2010. The 50% advance of the Single Farm Payment issued to the person named on 18 October 2010 and the balancing Single Farm Payment issued on 1 December 2010 which were the earliest possible payment dates permissible under the Single Payment Scheme.

776. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food if a decision has been made on the applications for agri-environment options scheme, single payment scheme for national reserve in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [23779/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): My Department received an application under the Agri-Environment Protection Scheme from the person named on 11th May 2011. All applications received are currently being checked and successful applicants will be notified in writing of approvals before the end of this month. Unsuccessful applicants will similarly be notified and will be offered the opportunity to appeal any decision. The person named submitted an application for category B of the 2011 National Reserve. This category caters for new entrants to farming after 15th May 2009. A new entrant is defined as a farmer who did not pursue any agricultural activity in his/her own name or at his/her own risk in the five years immediately preceding the commencement of the new agricultural activity. The person named did not qualify under the new entrant category of the 2011 National Reserve as he did not commence farming since 15th May 2009. The person named has been notified in writing of this decision and has been given an opportunity to appeal.

447 Questions— 14 September 2011. Written Answers

777. Deputy Michael Creed asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Cork will receive payment under the agri-environment options scheme; and if he will make a statement on the matter. [23786/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1 September 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have now been completed. This application is now ready to proceed to the prepayment validation stage and once successfully completed payment will issue.

778. Deputy Brendan Griffin asked the Minister for Agriculture, Fisheries and Food when the new computer system for REP scheme payments will be in operation; when the final 25% of REP scheme payments will be paid to farmers; and if he will make a statement on the matter. [23801/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): REPS 4 is a measure under the Rural Development Programme, 2007-13, and is subject to EU Regulations which require that detailed administrative checks on all applications are completed before payments can issue. These administrative checks in respect of 2010 claims have been completed and of the 30,300 farmers who are due payment, approximately 750 applicants are currently awaiting their initial 75% payment for the year. This is due to queries which have arisen during the administrative checks. Outstanding queries are being rectified on an ongoing basis, including through correspondence with the applicants, and payments issue as soon as the queries are resolved. My Department is also currently making arrangements to process the outstanding 25% payment in respect of 2010 to farmers in instances where penalties have been imposed. I now expect that these outstanding payments will commence in October to approximately 2,000 farmers with penalties. Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

779. Deputy Dara Calleary asked the Minister for Agriculture, Fisheries and Food if he has made a decision on an application for funding (details supplied); and if he will make a statement on the matter. [23809/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): An application for payment under the NeighbourWood Scheme has been received in my Department and is currently being examined. Such scheme applications are detailed and require close scrutiny. As soon as this examination is complete, and if deemed suitable, my Department will arrange for payment to the applicants.

780. Deputy Heather Humphreys asked the Minister for Agriculture, Fisheries and Food when a person (details supplied) in County Monaghan will receive their agri-environment options scheme payment; and if he will make a statement on the matter. [23884/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1st September 2010.

448 Questions— 14 September 2011. Written Answers

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. During these checks it was established that some of the areas on the AEOS application do not match the SPS application. A letter has issued to the person named outlining the situation. The application will be processed further upon receipt of a response to this query.

781. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when the outstanding payment on a REP scheme application will issue to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [23955/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 in 2008 and received full payment for the first two years of his contract. In addition, the initial 75% payment of the third year payment issued on 21st March 2011. Following the receipt of an adjusted agri-environmental plan from the person named, a penalty was imposed due to a discrepancy in the area claimed which has resulted in a delay in processing the final 25% payment due. My Department is currently making arrangements to process outstanding payments to farmers of the 25% due in respect of 2010 in the cases where penalties were incurred and I expect payments to commence in these cases in October.

782. Deputy Tom Hayes asked the Minister for Agriculture, Fisheries and Food when the outstanding payment on a REP scheme application will issue to a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [23956/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 in 2008 and received full payments for the first two years of his contract. In addition, 75% of the third year payment issued on 21st March 2011. Following the receipt of an adjusted agri-environmental plan from the person named, a penalty was imposed due to a discrepancy in the area being drawn down which resulted in the delay in processing of the 25% payment due. My Department is currently making arrangements to process outstanding payments to farmers of the 25% due in respect of 2010 in the cases where penalties were incurred and I expect payments to commence in these cases in October.

783. Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food if he will indicate the extent of headage, disadvantaged area, single farm payments, suckler cow premium or other payments made in respect of lands at a location (details supplied) in County Cork; if such payments reflect the ownership of the cattle occupying the lands thereat; if animals on the lands were held under various herd numbers or the herd number of the previous owner now deceased; if a multiplicity of animals with different herd numbers have occupied the lands since 1989 and the dates of same; if clarification has been sought as to whether the animals originated locally, in adjoining areas or in other counties; if animals from multiple herds occupied the lands at the same time; and if he will make a statement on the matter. [23983/11]

784. Deputy Bernard J. Durkan asked the Minister for Agriculture, Fisheries and Food the extent to which he approved of or was aware of the disposal of entitlements and or payments arising therefrom and to whom; whether disadvantaged area, single farm payments and or suckler cow premium payments in respect of lands or animals occupying the lands at a location (details supplied) in County Cork since 1989; and if he will make a statement on the matter. [23984/11]

449 Questions— 14 September 2011. Written Answers

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): I propose to take Questions Nos. 783 and 784 together. The position with regard to this case is as outlined in reply to a question from the Deputy on 20 July 2011, which is as follows. My reply of 14 July, 2011 sets out the procedures that are followed in relation to changes to a herd number. On 9 December 2009 a copy of the death certificate of the person in whose name the herd number was registered was received by my Department. In accordance with standard procedures in such circumstances, the herd owner was then registered under personal representatives of the deceased person. An application was received on 4 January 2010 from the personal representatives of the deceased person to register details of the herd number in the name of the son of the deceased person. The application was accompanied by a copy of Probate of the Will of the deceased person, indicating that the son was the executor and sole beneficiary of the Estate. Following an on-farm inspection on 27 January 2010, it was decided that no change in registration of the herd number should take place pending clarification of the issue of ownership of the land and or cattle thereon. In the meantime, the herd keeper role, which assigns responsibility for the care and maintenance of the cattle to a nominated person, was assigned to the son of the deceased person in whose name the request for transfer of the herd number had been received. An on-farm inspection was carried out by the DVO on 27 January 2010 and all of the cattle present on the holding were inspected and found to be in order. As outlined in my earlier reply, a nominated keeper may or may not be the legal owner of the animals held under a herd number or the holding where the animals are held. With regard to entitlements to certain farm payments, under EU Regulations governing the Single Payment scheme, entitlements are not attached to land and do not transfer automatically with land. Entitlements form an independent asset that is owned by a specified person and, upon the death of that person, is governed by normal testamentary procedure. In accordance with the will of the deceased person, the son was the executor and sole beneficiary of the Estate. Therefore he became the beneficiary of these entitlements which he subsequently sold to third parties from 2008. With regard to Suckler cow and Disadvantaged Area payments, any payments due under these schemes issued into the bank account of the deceased person and hence the normal testamentary procedure regarding execution of the will and her estate would have applied to those payments. On 5 May 2011 an application for registration as a herd owner was received from the daughter of the deceased person. Evidence of ownership of land accompanied this application. This application is currently under consideration and it is anticipated that a decision will be made in regard to that application in the near future. The late owner of the registered herd-number referred to, made a Will, and a Grant of Probate was extracted in due course by the nominated executor. It is a fundamental principle of the Single Payment Scheme that Single Payment entitlements are not attached to land, otherwise specified in the will and do not transfer automatically with land. Entitlements form an independent asset that is owned by the person for whom they were established and, upon the death of that person, is governed by normal testamentary procedures. My Department is satisfied that the entitlements in question were transferred in accordance with the Will of the deceased and were subsequently sold to third parties from 2008.

785. Deputy Pat Breen asked the Minister for Agriculture, Fisheries and Food if he will report on the status of an application for agri-environment options scheme (details supplied)

450 Questions— 14 September 2011. Written Answers in respect of persons (details supplied) in County Clare; and if he will make a statement on the matter. [24130/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named was approved for participation in the Agri-Environment Options Scheme with effect from 1st November 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, must be completed before any payment can issue. These checks have now been completed. This application is now ready to proceed to the prepayment validation stage and once successfully completed payment will issue.

786. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food the reason for the delay in making the final instalment for 2010 under a rural environmental protection scheme claim in respect of a person (details supplied) in County Roscommon; and if he will make a statement on the matter. [24161/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The person named commenced REPS 4 in 2008 and has received full payments for the first two years of his contract. In addition, 75% of their third year payment issued on 31st December 2010. An area based discrepancy was discovered following a cross-check between the Single Payment Scheme application for 2010 from the person named and the REPS agri-environmental plan. This over- claim has resulted in the imposition of a penalty and a delay in processing the final 25% payment due under REPS 4 for 2010. My Department is currently making arrangements to process outstanding payments to farmers of the 25% due in respect of 2010 in the cases where penalties were incurred and I expect payments to commence in these cases in October.

787. Deputy Heather Humphreys asked the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the fact that farmers who are awaiting the outstanding 25% on their REP scheme payments are not expected to receive payment until October due to problems with a new computer system; and if he will make a statement on the matter. [24167/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): REPS 4 is a measure under the Rural Development Programme, 2007-13, and is subject to EU Regulations which require detailed administrative checks on all applications to be completed before payments can issue. These administrative checks have been completed and of the 30,300 farmers due a payment in respect of 2010, approximately 750 applicants are currently awaiting their initial 75% payment for the year. This is due to queries which have arisen during these administrative checks. Outstanding queries are being rectified on an ongoing basis, including through correspondence with applicants, and payments issue as soon as the queries are resolved. My Department is also currently making arrangements to process the outstanding 25% payment to farmers in instances where penalties have been imposed. I now expect that these outstanding payments will commence in October to approximately 2,000 farmers with penalties. Arrangements are also well advanced to issue payments in respect of 2011 and I expect that these payments will commence in November.

Proposed Legislation 788. Deputy John Lyons asked the Minister for Agriculture, Fisheries and Food the position

451 Questions— 14 September 2011. Written Answers

[Deputy John Lyons.] regarding the introduction of an Animal Health and Welfare Bill; and if he will make a statement on the matter. [24197/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The Programme for Government 2011 contains a commitment to amend and strengthen legislation on animal cruelty and animal welfare. The main vehicle to fulfil this commitment will be the Animal Health and Welfare Bill which is a comprehensive piece of legislation providing a broad basis for regulating the related but distinct areas of animal health and welfare. Drafting of the Bill is ongoing with the Office of the Parliamentary Counsel and it is my intention to publish the Bill at an early date.

Professional Fees 789. Deputy Pearse Doherty asked the Minister for Agriculture, Fisheries and Food the potential savings to the Exchequer by reducing professional fees paid by the State by 25%. [24510/11]

Minister for Agriculture, Fisheries and Food (Deputy Simon Coveney): The issue of cuts in professional fees is, in the first instance, a matter for consideration centrally by the Department of Finance or by Government in the context of the annual budgetary process. The Department’s Vote contains a number of dedicated budget lines for the payment of professional fees for services rendered. The total Vote provision in 2011 amounts to €34 million, most of which relates to fixed fees payable to temporary veterinary inspectors involved the public health and animal health areas. The Vote also provides for the cost of legal services that may be required by the Department. The level of professional fees incurred under this heading varies from year to year and is dependent on a variety of factors. In addition, the Department may engage, as required, other professional services such as IT specialists. Engagements in these areas are subject to public procurement procedures and to signed contracts which are designed to ensure best value for money and that fees reflect prevailing market prices. In order to provide the Government with a comprehensive set of decision options to meet the funding constraints in the National Recovery Plan, 2012-2014, the Department has carried out a comprehensive review of both current and capital expenditure. This Review which covers all areas of the Department’s activities will be considered as part of the overall pre-budget deliberations and the 2012 Estimates process of the Government.

Adoption Services 790. Deputy Catherine Murphy asked the Minister for Children and Youth Affairs if there is a specific general policy in place whereby the Health Service Executive is obliged to facilitate access to the information contained in adoption records after the adopted persons have reached adulthood; the measures or procedures that are currently in place to facilitate such access; her plans to create a centralised records archive for adoption files in order that those who are the subject of such records may more easily access information pertaining to their cases; and if she will make a statement on the matter. [22944/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The drafting of legislation with regard to Information and Tracing is a priority of mine. Work is underway in relation to the preparation of the Bill, in consultation with the Adoption Authority, to provide for a structured and regulated way of providing access to information and contact for those

452 Questions— 14 September 2011. Written Answers affected by adoption. I intend to take this legislation through the Houses of the Oireachtas in due course. The National Adoption Contact Register was established in 2005 to assist adopted people and their natural families to make contact with each other, exchange information or state their contact preferences. They decide, through a range of information and contact options, how they wish to proceed. Already 440 matches have been made on the Register representing over 900 individuals who have now received a service. The operation of the Register was reviewed in 2007 and a major upgrading of it has just been completed. The then Adoption Board, together with the adoption societies, the HSE and the adoption support groups, developed the “Standardised Framework for the Provision of a National Infor- mation and Tracing Service”. This was published in November 2007 and sets standards and provides guidance and advice for information and tracing services providers nationally. The issue of a centralised register is not currently under active consideration but such a development may receive attention in the context of the drafting of the legislation referred to above.

Health Services 791. Deputy Finian McGrath asked the Minister for Children and Youth Affairs the position regarding the case of a person (details supplied) in Dublin 1. [23003/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): As this is a service matter it has been referred to the HSE for direct reply.

Proposed Legislation 792. Deputy John Lyons asked the Minister for Children and Youth Affairs if the Health Service Executive plans to review the child foster and adoption vetting procedures to include in the Garda clearance process all intelligence on the pulse system relating to prospective foster or adoption parents, including reported incidents and not just convictions that apply to the current situation; her views on whether additional information should be made available to social workers; and if she will make a statement on the matter. [23102/11]

793. Deputy John Lyons asked the Minister for Children and Youth Affairs if the Health Service Executive plans to review the child foster and adoption vetting procedures to include a form of continuous assessment of foster and adoptive parents after placement, to identify any issues after issues that may not have been identified during the initial vetting process; her views on whether there is scope for developing greater interaction and continuous relationships between social workers and the gardaí on this issue; and if she will make a statement on the matter. [23103/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I propose to take Questions Nos. 792 and 793 together. The Department of Justice, Equality and Defence, in conjunction with my Department and other relevant agencies, is preparing the Heads for the National Vetting Bureau Bill. Consul- tations have taken place with my Department and other Departments / agencies as part of the preparation of this legislation and these consultations are ongoing. The National Vetting Bureau Bill will provide a statutory basis for the vetting of all applicants for employment and employees working with children. The Bill will provide for a vetting process which will provide for the identification of both hard and soft/ relevant information, in

453 Questions— 14 September 2011. Written Answers

[Deputy Frances Fitzgerald.] particular, information relating to the endangerment, sexual exploitation or sexual abuse, or risk thereof, to children. This area has also been considered by the Joint Committee on the Constitutional Amendment for Children and the findings of the Committee are being considered in the preparation of the legislation. All adults living in a foster carers home, as well as the foster carer, are subject to vetting. Approved foster carers are supervised on an ongoing basis by a professionally qualified social worker, known as a link worker. The link worker ensures that foster carers have access to the information, advice and professional support necessary and that they provide high quality care. Foster carers participate in reviews of their continuing capacity to provide high quality care and to assist with the identification of care plans in relation to the child.

Garda Training 794. Deputy John Lyons asked the Minister for Children and Youth Affairs her views on developing a joint child protection training initiative for new Garda members and social work staff with a view to improving the relationship between both agencies and to improve the quality of the service to children in the State; and if she will make a statement on the matter. [23104/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I fully appreciate the value of joint training, which is in place for gardaí and social workers in the investigation of sexual abuse allegations. Children First Guidance stresses the importance of joint working between the HSE Children and Family Services and An Garda Síochána. Such cooperation is a crucial element of the child protection and welfare service. The Postgraduate Diploma in Child Protection and Welfare in Trinity College Dublin is designed to strengthen the capacity of the health, social service, education and criminal justice systems to identify and respond to the needs of vulnerable and abused children and their families. The multidisciplinary in-take includes experienced and senior personnel from a range of relevant disciplines, for example, social work, public health nursing, education, community based and residential child care, psychology, An Garda Síochána, youth and project work.

Preschool Services 795. Deputy Joanna Tuffy asked the Minister for Children and Youth Affairs if optional extra services being provided by some preschool providers are being run within the three hour entitlement under the early child-care curriculum scheme; if so, if this arrangement might exclude some children from group activities because they have not paid for this extra service in view of the fact that their parents opted for the early ECCE scheme curriculum only; and if she will make a statement on the matter. [23485/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I have responsibility for implementing the Early Childhood Care and Education (ECCE) programme, which was introduced in January 2010 and provides a free preschool year to all eligible children in the year before commencing primary school. It is a fundamental principle of the programme that the preschool year be provided free of charge to a parent whose child qualifies under the programme. However, participating service providers may charge parents for optional additions such as extra hours or various one-off or on-going activities or services such as outings, specific teaching resources such as dance or music, and food; but should not include activities which would generally be regarded as a normal part of a preschool service e.g. general arts and crafts activities.

454 Questions— 14 September 2011. Written Answers

It is a condition of the ECCE programme that, where optional activities are provided during the required period of preschool provision, appropriate programme-based activities be provided to children not participating in these optional activities. Both groups of children must be, at the same time, under the required levels of staff supervision required by the programme. Any additional optional activity must not be provided in a way that would leave non-participating children feeling excluded. If a service is unsure as to whether or not this would happen, then these optional activities should take place outside the normal times of the session. The City and County Childcare Committees continually monitor the programme in order to ensure that all parents benefit from the free preschool provision as intended. The Childcare Directorate of my Department will also request Pobal, who assist with the implementation of the programme, to carry out additional visits to ensure compliance where any issue arises in relation to the delivery of the free preschool provision.

Departmental Expenditure 796. Deputy Shane Ross asked the Minister for Children and Youth Affairs the amount of money that was spent on taxis by her Department in the past year; the amount of money that has been provided for in the next year for taxi services for her Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if she will make a statement on the matter. [22719/11]

800. Deputy Shane Ross asked the Minister for Children and Youth Affairs the amount her Department has spent on taxis for staff and for others in each of the past four years. [23293/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I propose to take Questions Nos. 796 and 800 together. As the Department of Children and Youth Affairs only came into legal operation on 2nd June 2011, the information supplied in response to the Deputy’s question relates to the period since the establishment of the Department. The amount spent by my Department to date on taxis is €708. This includes €458 for Depart- mental staff and €250 for non-Departmental staff. As regard the latter category, the Deputy might wish to note that my Department has a number of initiatives in which children and young people under the age of 18 are involved and attend meetings and events in Dublin or other parts of the country. These initiatives are conducted under Goal 1 of the National Children’s Strategy which states that children and young people will have a voice on issues that affect their lives. The children involved in these initiatives travel from all parts of the country and in keeping with best practice in child protection, taxis are ordered when necessary to bring the children from bus/train stations or from their homes to meetings and events. Older teenagers use public transport where appropriate and possible. My Department’s travel policy in relation to taxi usage generally is that their use should be kept to a minimum and should only be hired in circumstances where no suitable public transport is available. The amount of money that will be made available for taxi services next year will be determined as part of the 2012 Estimates process.

Child Protection 797. Deputy Michael Healy-Rae asked the Minister for Children and Youth Affairs the

455 Questions— 14 September 2011. Written Answers

[Deputy Michael Healy-Rae.] reason for the backlog of cases (details supplied) within the child protection area; and if she will make a statement on the matter. [22946/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I acknowledge that the HSE’s Child Welfare and Protection service is operating against a background of increasing service demand. This is reflected in a significant increase in the number of children in care. The HSE has statutory responsibility under the Child Care Act, 1991, for the welfare of children who are not receiving adequate care and protection. I have had discussions recently with the HSE National Director for Children and Family Services, Gordon Jeyes, in relation to the issue of demand and the arrangements within the HSE for the management of this demand. Mr Jeyes has recently completed a national review of the HSE’s screening and assessment process in respect of reported concerns. He has confirmed that all unallocated cases are the subject of ongoing evaluation by social workers. In order to assist in the management of these cases an audit and alert system for child protection cases is being introduced by the HSE. This will include a regular reporting system that will extend from front line managers to the National Director. The Government is continuing to support the HSE in terms of strengthening the response capacity of social workers. One of the principal commitments in the Implementation Plan prepared following the publication of the Report of the Commission to Inquire into Child Abuse is the recruitment of additional social work staff. The HSE has been given approval to recruit a further 60 social workers in 2011. The issue of case management is a key priority in reforming our child welfare and protection services. I will be continuing a dialogue with the HSE to seek to make further improvements in this area as we move to the establishment of the new Children and Families Support Agency.

798. Deputy Finian McGrath asked the Minister for Children and Youth Affairs if she will support a matter (details supplied) in Dublin 3 regarding child protection. [22962/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I wish to thank the Deputy for bringing the matter to my attention. Under the Child Care Act 1991 the Health Service Executive (HSE) has a statutory responsibility to promote the welfare of children who are not receiving adequate care and protection. The Act requires the HSE to identify such children and to regard the welfare of the child as the first and paramount consideration. In the specific situation raised by the Deputy, best practice is for the relevant employer to discuss with the HSE and An Garda Síochána, as the relevant statutory authorities, all available information and to come to a determination as to how best to manage the situation described. The immediate priority should be to ensure that no child is exposed to unnecessary risk. My Department has, in the interim, forwarded the details supplied to the HSE Children and Families Service in line with Children First.

799. Deputy Gerry Adams asked the Minister for Children and Youth Affairs if a hotline for missing children is now operational; and the steps he will take to ensure this hotline is operational. [22985/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Under EU telecoms rules agreed in 2009 the 116000 number is reserved in all EU member states for a missing children hotline. I have expressed my commitment to establish this hotline in Ireland.

456 Questions— 14 September 2011. Written Answers

It should be noted that in June 2011, ComReg, who have responsibility for allocation of this number in Ireland sought expressions of interest to run the hotline and no substantive responses were received. However I am aware of; and have met with, Irish NGO’s who may be interested but their estimated costings vary significantly. My Department is working with the Department of Justice to seek to examine how best to proceed and I hope to have further details to announce shortly. It must be remembered that operational responsibility for missing children rests with an Garda Síochána.

Departmental Expenditure 801. Deputy Shane Ross asked the Minister for Children and Youth Affairs the details of spending, using departmental credit cards held by Department staff over the past four years; the numbers of persons in her Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by her Department on entertainment provided using said credit card. [23308/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Deputy might wish to note there are no corporate credit cards for official business purposes currently in use in my Department which was only established last June.

Ministerial Staff 802. Deputy John O’Mahony asked the Minister for Children and Youth Affairs the number of persons employed in each of the private offices and the constituency offices of her Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if she will make a statement on the matter. [23338/11]

803. Deputy John O’Mahony asked the Minister for Children and Youth Affairs the number of special advisors and programme managers in her Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if she will make a statement on the matter. [23353/11]

804. Deputy John O’Mahony asked the Minister for Children and Youth Affairs the number of persons employed in her private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if she will make a statement on the matter. [23368/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I propose to take Questions Nos. 802 to 804, inclusive, together. As my Department only came into legal operation on 2 June 2011, the information supplied in response to the Deputy’s question relates to 2011 only. The numbers employed and associated salary costs in each office are set out in the following tabular format My Private Office numbers include three Special Advisers, two of which are employed on a 50% work pattern. There are no Programme Managers employed at my Department.

Office No. of Whole-time equivalents Annual Salary Costs

Private Office 7.8 €435,964 Constituency Office 3.0 €103,802 Non Office Staff 2.0 € 65,930

457 Questions— 14 September 2011. Written Answers

[Deputy Frances Fitzgerald.]

The Minister for Finance has issued detailed guidelines on the staffing of Ministerial Offices which include provisions for limits on the numbers of staff that may be employed in a Minister’s Private Office and Constituency Office. These limits are 8 and 4 whole-time equivalents respectively. In addition, a Minister may also appoint two civilian drivers who are not considered “office” staff and are therefore not encompassed by the limits set out above. These guidelines also set salary limits for persons appointed to the position of Special Adviser, Personal Assist- ant, Personal Secretary and Civilian Driver. All Ministerial appointments in my Department are in line with these guidelines.

Departmental Expenditure 805. Deputy Simon Harris asked the Minister for Children and Youth Affairs the budget available to her Department for IT expenditure in 2010 and 2011; the provisions within her Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under her remit for 2010 and 2011; and if she will make a statement on the matter. [23440/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Deputy might wish to note that my Department was formally established on 2 June, 2011. The funding provisions made available this year under Subhead A5 (Office Equipment and External IT Services) of the Vote to support the purchase of IT equipment, as contained in the Revised Estimates for Public Services 2011, amounts to €120,000. This includes a current provision of €92,000 and a capital allocation of €28,000. The ICT Unit within the Department of Health provides a shared service to my Department in relation to IT matters. In this regard the Department of Finance Circulars 2/09 and 2/11 relating to the arrangements for ICT expenditure in the Civil and Public Service requires all Departments and Offices that spend monies from Voted Funds on ICT expenditure to comply with the Department of Finance circulars, advisories and best practice guidance relating to ICT expenditure. These arrangements are designed to reduce risk and achieve better value for money in terms of quality, level of service and price paid. The bodies and agencies that currently fall within the operational remit of my Department include the Adoption Authority of Ireland, the Office of the Ombudsman for Children, the National Education Welfare Board and the Family Support Agency. These have been requested to contact the Deputy directly in relation to the internal arrangements that apply within their organisations.

Expenditure Reviews 806. Deputy Sean Fleming asked the Minister for Children and Youth Affairs if she will publish the details of her Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23467/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): Departmental submissions on the Comprehensive Review of Expenditure are a central part of the overall pre- Budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. However, I understand that the Minister for Public Expenditure and Reform has already indicated that it is his

458 Questions— 14 September 2011. Written Answers intention to publish the reports submitted as part of the Comprehensive Review of Expenditure process following the finalisation of the budgetary process.

Preschool Services 807. Deputy Bernard J. Durkan asked the Minister for Children and Youth Affairs the options available to a person (details supplied) in County Kildare.; and if she will make a statement on the matter. [23686/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The free Preschool Year in Early Childhood Care and Education (ECCE) programme was introduced in January 2010 as a universal programme to provide children with a free preschool year, normally in the year before they commence primary school. There is no entitlement under the ECCE programme for a second year of free preschool provision. Where a child has special needs, his or her parents can apply to have the preschool year split over two years on a pro-rata basis, for example availing of the scheme for 2 days a week in the first year and for 3 days a week in the second year. However, I understand that the pro-rata option has not been availed of in the case referred to by the Deputy and the child in question availed of the full free preschool provision in the academic year 2010-11.

Adoption Services 808. Deputy Anne Ferris asked the Minister for Children and Youth Affairs if all adoption files from the Sacred Heart Convent at Bessborough in Cork have been transferred to the Health Service Executive; if the HSE has found suitable accommodation for same; and if she will make a statement on the matter. [24015/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): I am aware of the difficulties around the operation of adoption information and tracing services at the Sisters of the Sacred Heart in Bessborough. Negotiations have taken place between my Department, the Health Service Executive and the Order and this matter has been resolved. The HSE has agreed to take over the management of the adoption files of the Sacred Heart Adoption Society located in Bessborough, Blackrock, Co. Cork. It is my understanding that the HSE are examining the issue of the transfer of files and their storage.

Health Services 809. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 145 of 23 June 2011 when a reply will issue from the Health Service Executive. [24175/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): My Office is advised by the HSE that a reply to Parliamentary Question No. 145 of 23 June 2011 was issued to the Deputy on July 19th 2011.

810. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 451 of 28 June 2011 when the outstanding information will issue from the Health Service Executive. [24176/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): My office has contacted the HSE on this matter to ask that a reply be provided as soon as possible. The HSE has stated that it is actively pursuing a response on this matter on the Deputy’s behalf and that a reply will issue as soon as the information is available.

459 Questions— 14 September 2011. Written Answers

Health Service Staff 811. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs further to Parliamentary Question No. 51 of 12 July 2011, when a reply will issue from the Health Service Executive. [24177/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): My Office is advised by the HSE that a reply to Parliamentary Question No. 51 of 12 July 2011 was issued to the Deputy on July 15th 2011.

Children in Care 812. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs further to parliamentary Question No. 47 of 12 July 2011 when a reply will issue from the Health Service Executive. [24178/11]

Constitutional Amendments 813. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the position regarding the promised referendum to amend the Constitution to strengthen the rights of children. [24242/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Programme for Government 2011 states that the referendum on Children’s Rights is a priority, and that the wording will be along the lines of that proposed by the All Party Oireachtas Committee. On taking office I instructed the Department of Children and Youth Affairs (DCYA) to work with the Office of the Attorney General, with a view to preparing a draft wording which will more closely reflect the work of the Joint Committee, than that which the previous Government approved in draft form. Accordingly the preparation of a draft wording is being undertaken by Parliamentary Coun- sel in association with the Advisory Counsel in the Office of the Attorney General and officials in my Department. I would hope to be in a position to submit the outcome of this work to Government for approval in the Autumn. It is envisaged that Government will be asked to approve the drafting of a Bill based on the wording submitted and to request the approval of the Oireachtas for the holding of a Constitutional referendum. The Taoiseach has stated that the referendum will not take place on the same day as the presidential election. There is a concern that to do so may unnecessarily and unhelpfully politicise children’s rights, and that a separate referendum is more appropriate for this important and sensitive issue.

Legislative Programme 814. Deputy Caoimhghín Ó Caoláin asked the Minister for Children and Youth Affairs the steps she is taking towards the putting of the Children First guidelines on a statutory footing; and if she will make a statement on the matter. [24243/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): The Government is attaching a high priority to the preparation of legislation to underpin Children First: National Guidance for the Protection and Welfare of Children. My Department is in the process of

460 Questions— 14 September 2011. Written Answers developing detailed legislative proposals in this regard which I will bring to Government for approval.

Professional Fees 815. Deputy Pearse Doherty asked the Minister for Children and Youth Affairs the potential savings to the Exchequer by reducing professional fees paid by the State by 25% — Pearse Doherty. [24278/11]

Minister for Children and Youth Affairs (Deputy Frances Fitzgerald): My Department was formally established on 2nd June 2011 and to date it has incurred no expenditure on professional fees.

Medical Cards 816. Deputy Jim Daly asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [22646/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 817. Deputy Jim Daly asked the Minister for Health the position regarding a medical application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [22696/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

818. Deputy Joan Collins asked the Minister for Health if his attention has been drawn to the fact that there is no public toilet currently in the homeless persons unit of the Community Welfare Office in 212 — 213 Oisín House, Pearse Street, Dublin 2; the reason this facility was not provided with a public toilet; when this toilet will be provided; and if he will make a statement on the matter. [22701/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

819. Deputy Michael Healy-Rae asked the Minister for Health his views on whether the extra funding that is provided to fund Health Information and Quality Authority could be put to far more sensible and productive use if the funding of HIQA was to stop. [22907/11]

Minister for Health (Deputy James Reilly): A key component to the delivery of health and social services is to ensure that services are of high quality, safe and effective for all the people using them. In pursuit of this aim, the Health Information and Quality Authority (HIQA) was established in May 2007 as an independent authority to drive improvements in the quality and safety of health and social care on behalf of patients. HIQA’s healthcare quality function includes the setting and monitoring of standards and the conduct of investigations. HIQA incorporates the office of the Chief Inspector of Social Services. HIQA also has functions in relation to Health Technology Assessment and Health Information. Government funding is provided to HIQA in order to allow HIQA undertake its statutory role in order to improve patients’ experiences and outcomes.

461 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.]

The Programme for Government 2011-2016 commits to the establishment of a Patient Safety Authority to incorporate HIQA. The Programme describes a regulatory function for the PS as one of the features central to the overall reform objective of the establishment of a system of Universal Health Insurance (UHI) and of the establishment of public hospitals as independent not-for-profit trusts. The current and future structures of health care in this country will pave the way for a new culture of patient safety, openness, transparency, learning and accountability.

Hospitals Building Programme 820. Deputy Michael Healy-Rae asked the Minister for Health if he will do the necessary signing off needed to enable the Department of Health to proceed with the new community hospital in Kenmare, County Kerry; and if he will make a statement on the matter. [22918/11]

Minister for Health (Deputy James Reilly): Following my approval of its Capital Plan 2011- 2015, the HSE issued a press release which stated that the construction of the new 40 bed community nursing unit in Kenmare would commence in October 2011. The HSE estimates that the construction will be completed within eighteen months.

Medical Cards 821. Deputy Joe Costello asked the Minister for Health if he will reconsider his decision not to grant a medical card in respect of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [23000/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As the Deputy will be aware, I have no role in deciding individual medical card applications. As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Services for Older People 822. Deputy Aengus Ó Snodaigh asked the Minister for Health the way he is planning for and anticipating his shared role in ensuring greater cross-departmental and cross-sectoral working and ultimately implementing the upcoming National Positive Aging Strategy; the way in which his anticipation of his role in implementing the National Positive Aging Strategy is being incorporated into the Budget 2012 considerations. [23813/11]

Minister for Health (Deputy James Reilly): The Programme for Government published in March 2011 has committed to completing and implementing the National Positive Ageing Strategy so that older people are recognised, supported and enabled to live independent full lives. Traditionally, policy relating to older people has tended to deal almost exclusively with health and personal social services. In recognition that a much wider range of policies, programmes and services impact directly on the lives of older people, development of the Strategy is being assisted by a Cross-Depart- mental Group (CDG), comprised of officials from 11 Government Departments, the Central Statistics Office and An Garda Síochána, and is chaired by the Director of the Office for Older People. An NGO Liaison Group comprising representatives of twelve national-level non-governmental organisations with an interest in older people’s issues is also assisting in the development of the Strategy. It is envisaged that the Strategy will set out a common framework for the development of operational plans by Government Departments. These operational plans will clearly set out each Department’s objectives relating to older people. Mechanisms designed to monitor the

462 Questions— 14 September 2011. Written Answers implementation of measures contained in these operational plans will also be developed in consultation with Departments. The Strategy will require a consideration of the inter-related nature of many of the actions needed to enable older people to age positively in Ireland. This means that no single Depart- ment or agency can be expected to deliver the Strategy alone. In addition, in the short term, when implementation will require a reconfiguration of existing programmes and services, collaboration between Departments will be important. Work on developing the Strategy is on-going and taking place within the constraints posed by the present fiscal situation. This work will not be concluded before the end of the year. It is not the intention that it will propose new service developments, rather it will set the strategic direction for future policies, programmes and services for older people in Ireland.

Medical Cards 823. Deputy Jim Daly asked the Minister for Health the position regarding the renewal of a medical card in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [24009/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

824. Deputy Jim Daly asked the Minister for Health the position regarding a medical card application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [24022/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Accident and Emergency Services 825. Deputy Terence Flanagan asked the Minister for Health if he will respond to the attached submission (details supplied) regarding better services for accident and emergency units in all hospitals; and if he will make a statement on the matter. [22655/11]

828. Deputy Finian McGrath asked the Minister for Health the position regarding reducing patients on trolleys in our accident and emergency departments. [22695/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 825 and 828 together. I have stated on a number of occasions that the waiting times for admission for patients attending Emergency Departments in many hospitals are not acceptable. I am determined to address this situation. In this regard the Deputies will be aware that recently I established the Special Delivery Unit and assigned to it as a priority the task of addressing the many issues arising in Hospital Emergency Departments. The difficulties in Emergency Departments cannot be solely resolved within the Emergency Departments themselves. Instead they must be addressed on the basis of a health-system wide approach. In particular, overcrowding in Emergency Departments has many causes and any solution to the problems that may arise from this issue must reflect this reality. Any solution must start with ensuring that patients are treated in the most appropriate way in the most appropriate location. This means that where and whenever possible, patients who can be treated in the primary care setting receive their treatment there.

463 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.]

The issue of staffing levels in Emergency Departments, as in the other areas of hospitals, is a matter for the management of the hospitals and the HSE in the first instance. My officials are in contact with the HSE and relevant authorities to ensure that the necessary steps are being taken to ensure ongoing safe delivery of service in hospitals and, in particular, Emer- gency Departments. I am confident that with careful planning, with leadership from the Special Delivery Unit, the implementation of the HSE’s Emergency Medicine Programme and related clinical programmes and with the roll-out of Acute Medicine Units we will be in a position to reassure patients that the difficulties in Emergency Departments will be addressed.

Nursing Homes Support Scheme 826. Deputy Arthur Spring asked the Minister for Health when a decision will issue by the Health Service Executive on an application for funding under the nursing homes support scheme in respect of a person (details supplied) in County Kerry. [22674/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

827. Deputy Niall Collins asked the Minister for Health if he will grant final approval under the fair deal scheme in respect of a person (details supplied) in County Cork. [22688/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Question No. 828 answered with Question No. 825.

Domestic Violence Services 829. Deputy Michelle Mulherin asked the Minister for Health the changes in the arrangements for funding organisations that provide domestic and gender-based violence services such as SAFE Ireland are proposed; the basis for such changes; when they will take effect; and if he will make a statement on the matter. [22702/11]

950. Deputy Mattie McGrath asked the Minister for Health the position in relation to funding for organisations that provide domestic, sexual and gender based violence services including SAFE Ireland; and if he will make a statement on the matter. [23705/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 829 and 950 together. There has been no change in the mechanism by which front line services are funded for this year. However, the National Networks for Domestic and Sexual Violence services have been advised that the HSE is moving to a procurement process for national Domestic Violence & Sexual Violence services in 2012. Safe Ireland has been informed of these changes. As the procurement process will begin shortly, we cannot provide any further detail at this time.

Long-Term Illness Scheme 830. Deputy John Paul Phelan asked the Minister for Health the steps he has taken to heighten the recognition of fibromyalgia as a long-term illness to enable suffers to avail of services within the health sector. [22712/11]

464 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): This classification of disease is the international standard by which diseases are classified and is accepted by Ireland and endorsed by the World Health Organisation. The diagnosis and management of Fibromyalgia takes place in a number of settings including primary care, specialist services and rehabilitation if required. In 2008 my Department published the Chronic Disease Policy which set how chronic conditions should be managed including self-care.

Departmental Expenditure 831. Deputy Shane Ross asked the Minister for Health the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22726/11]

Minister for Health (Deputy James Reilly): The amount spent by my Department on taxis in 2010 was €15,928. €15,802 was spent on taxis for Departmental staff and €126 was spent on taxis for non-Departmental staff. To date in 2011 €8,368 has been spent on taxis for Departmen- tal staff. The amount of money that will be provided for taxi services for 2012 will be determined as part of the travel and subsistence subhead in the 2012 Estimates process. My Depart- ment’s travel policy concerning the use of taxis is that their use should be kept to a minimum and they should be hired only when no suitable public transport is available.

National Treatment Purchase Fund 832. Deputy Andrew Doyle asked the Minister for Health the process under which a person will be able to receive payment for Fair Deal clients under the National Treatment Purchase Fund; the way these payments can vary between nursing homes located in the same area; and if he will make a statement on the matter. [22745/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): In response the Minister asked for a full examination of the funding situation, to be conducted jointly by the Department of Health and the HSE. The examination identified a number of factors that are putting pressure on the overall budget for 2011. These included: • an unexpected increase in the average length of stay for nursing home patients, • a resultant higher net demand for nursing home places, and • an increase in nursing home costs. The processing of approvals for financial support under the Nursing Homes Support Scheme was suspended for a month from May to June while an examination of funding was being carried out. However, the HSE has been issuing funding approvals again since the 13 June. Almost 1,700 people have been allocated funding since that date. The HSE is continuing to process applications within the funding limits available to the scheme and in accordance with the legislation. The HSE intends to deal with those currently awaiting approval within the next 6 weeks. By the end of the year, the HSE intends that any delays in awarding funding will be elimin- ated. The situation will be closely monitored to ensure that funding is allocated as soon as it becomes available. It is anticipated that any delays will be resolved in the final quarter of 2011. With regard to the variation of payments to nursing homes in the same area, the National Treatment Purchase Fund (NTPF) has statutory responsibility for the negotiation of prices with

465 Questions— 14 September 2011. Written Answers

[Deputy Kathleen Lynch.] private and voluntary nursing homes. The NTPF is independent in the performance of this function and, in carrying it out, it must ensure value for money for both the individual and the State. The NTPF negotiates with each nursing home individually and may examine the records and accounts of nursing homes as part of the process. This method of negotiation is necessary in order to ensure that the State obtains the best value for each individual in a nursing home and to comply with competition law.

Hospital Services 833. Deputy Gerry Adams asked the Minister for Health if there is a Health Service Execu- tive paper proposing cuts to health services in Louth County Hospital and Navan Hospital, County Meath. [22828/11]

834. Deputy Gerry Adams asked the Minister for Health if the Health Service Executive is proposing to halve the 24 hour accident and emergency services at Navan, County Meath. [22829/11]

835. Deputy Gerry Adams asked the Minister for Health the alternative accident and emergency facilities that will be available to cover emergencies in event that the Health Service Executive halves Navan’s accident and emergency, County Louth. [22830/11]

836. Deputy Gerry Adams asked the Minister for Health the plans the Health Service Execu- tive has to close 25 beds in Louth County Hospital. [22831/11]

837. Deputy Gerry Adams asked the Minister for Health if the Health Service Executive plans to transfer outpatients clinics from Navan, County Meath. [22832/11]

838. Deputy Gerry Adams asked the Minister for Health the location to which outpatient clinics from Navan Hospital, County Meath, will be transferred. [22833/11]

839. Deputy Gerry Adams asked the Minister for Health if the Health Service Executive plans to reduce the opening hours of the minor injuries unit at Louth County Hospital. [22834/11]

842. Deputy Gerry Adams asked the Minister for Health the amount that will be saved by cutting minor injuries unit in Louth County Hospital at weekends and for three hours in the evening. [22837/11]

843. Deputy Gerry Adams asked the Minister for Health the additional resources the Health Services Executive plans to put into Our Lady of Lourdes Hospital, County Louth, in the event that the plans to restrict the opening of the minor injuries units go ahead. [22838/11]

844. Deputy Gerry Adams asked the Minister for Health if the stroke and rehab unit to be opened at Louth County Hospital in the near future will be additional to and not in place of existing beds at the hospital. [22839/11]

845. Deputy Gerry Adams asked the Minister for Health when he become aware of the document which is proposing the cuts to services at Louth County Hospital in Dundalk and Our Lady’s in Navan, County Meath. [22840/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 833 to 839, inclusive, and 842 to 845, inclusive, together.

466 Questions— 14 September 2011. Written Answers

The efficiency of services in the Louth/Meath Hospital Group is being reviewed by the HSE in light of the current budgetary and financial position. As part of this process, draft documentation has been prepared by the HSE but no definitive plans have been made regarding changes to services for patients. The HSE has advised my Department that no decision has been taken to alter the hours of services in any of the Minor Injuries Units (MIU) in the Louth/Meath Hospital Group. At present there is a 24 hour MIU service in operation at both Our Lady of Lourdes Hospital Drogheda and in Navan Hospital and a full daytime service in Louth County Hospital. I would like to emphasise that changes driven by budgetary issues must be clearly dis- tinguished from change driven by pure safety concerns. In relation to the Emergency Depart- ment and outpatient clinics at Navan Hospital, I have emphasised that any changes need to be carried out in a planned way and that all changes will be fully communicated. The HSE has indicated that no change to either service has been made at present. Similarly in relation to Louth County Hospital, there are no plans for changes to the number of beds. The HSE has clarified that the stroke rehabilitation beds at the hospital which are due to come on stream following completion of the current refurbishment of wards are part of the complement since July 2010 and do not represent additional beds.

840. Deputy Gerry Adams asked the Minister for Health if the Health Service Executive plans to end weekend opening to minor injuries units. [22835/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Hospital Staff 841. Deputy Gerry Adams asked the Minister for Health if the Health Service Executive plans to charge staff for car parking. [22836/11]

Minister for Health (Deputy James Reilly): The HSE has advised that it has no plans to change current arrangements in relation to car parking for staff.

Questions Nos. 842 to 845, inclusive, answered with Question No. 833.

Medical Cards 846. Deputy Patrick O’Donovan asked the Minister for Health when a medical card application in respect of a person (details supplied) in County Limerick was received in his Depart- ment; the position regarding same; and if he will make a statement on the matter. [22844/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Staff 847. Deputy Derek Keating asked the Minister for Health further to Parliamentary Question No. 12 of 22 June 2011 and his reply on 30 June 2011, if he will provide this Deputy with the salaries of all chief executive officers and deputy CEOs of the five Dublin academic teaching hospitals, the salaries of CEOs of voluntary hospitals, the salaries of the CEOs of the three hospices in the State in tabular form; the bonuses that were paid to CEOs and deputy CEOs of all hospitals and hospices from the year 2000 to date in 2011 in tabular form; and if there are any bonuses awarded to officials in the Health Service Executive or CEOs and deputy CEOs of hospitals and hospices. [22845/11]

467 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): In relation to Parliamentary Question No. 12 of 22 June 2011, my Department has recently provided the Deputy with information regarding the salaries of the CEOs of the five Dublin academic teaching hospitals and voluntary hospitals. I have requested the Health Service Executive to provide the remaining information and my Department will forward this to the Deputy as soon as it is available.

848. Deputy Brian Walsh asked the Minister for Health if the ongoing efforts by the Health Service Executive to appoint a senior audiological scientist in Galway will be affected by the decision announced in July 2011 to pause current recruitment except for critical vacancies; and if he will make a statement on the matter. [22852/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Services for People with Disabilities 849. Deputy Brian Walsh asked the Minister for Health if he will examine a case regarding a prosthetic limb request for a person (details supplied); and when a decision will issue. [22853/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): 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 to the Deputy.

Private Health Insurance 850. Deputy Peter Mathews asked the Minister for Health his plans to further increase the health insurance levy and age-related TRS to ensure that older members of society are not significantly making a loss; and if he will make a statement on the matter. [22855/11]

Minister for Health (Deputy James Reilly): The issue of risk equalisation in the private health insurance market from 2012 onwards is currently under consideration. I intend to make an announcement in due course.

Hospital Services 851. Deputy Joan Collins asked the Minister for Health if, further to Parliamentary Question No. 189 of 1 June 2011, the protocols being discussed between the Health Service Executive, St Vincent’s University Hospital and the Cystic Fibrosis Association of Ireland have been agreed; if so, the protocols; and if he will make a statement on the matter. [22870/11]

Minister for Health (Deputy James Reilly): My response in June to the Deputy referred to the plans to develop national appropriate models of care for the management and care of patients with cystic fibrosis both in and outside of the hospital setting. The HSE’s Clinical Care Directorate for Clinical Programmes has set up a programme encompassing cystic fibrosis and the relevant protocols will be developed within this programme.

Hospitals Building Programme 852. Deputy Terence Flanagan asked the Minister for Health if he will reply to a matter (details supplied) regarding the location of the new children’s hospital; and if he will make a statement on the matter. [22888/11]

468 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): The Deputy will be aware I commissioned an independent Review around a number of issues relating to the location of the new hospital on the Mater Campus. The Review was carried out under the joint auspices of the National Associ- ation of Children’s Hospitals and Related Institutions (NACHRI) and the European Health Property Network (EUPHN). NACHRI is a not-for-profit organisation of children’s hospitals with over 200 members worldwide, which promotes the health and well-being of children and their families through support of children’s hospitals and health systems. EUPHN is an independent organisation with international expertise in the area of capital planning of health facilities, including major hospitals. I announced the outcome of the Review on the 6th of July 2011. The independent experts who formed the Review Team, having examined all the issues in accordance with the Terms of Reference set by myself, came to the unanimous and unequivocal recommendation that the development of the new hospital should proceed on the Mater Campus. I confirmed the Government’s acceptance of the recommendation of the Review Team and has now requested the National Paediatric Development Board to proceed with a planning application to an Bord Pleanála.

Drugs Payment Scheme 853. Deputy John Halligan asked the Minister for Health if he will stand by the promise that he has made in relation to prescription levies being removed; when these levies will be removed. [22889/11]

Minister for Health (Deputy James Reilly): Prescription charges are provided for under Section 59 of the Health Act 1970 as amended by the Health (Amendment ) (No 2) Act 2010. Revoking these provisions requires primary legislation. It is the intention of my colleague, the Minister for Health, subject to Government approval, to introduce legislation to abolish prescription charges for medical card holders.

Hospital Accommodation 854. Deputy John Halligan asked the Minister for Health the number of acute hospital beds in Waterford Regional Hospital; if any of these aforementioned acute hospital beds are closed at present and unavailable; and if he will make a statement on the matter. [22890/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

Hospital Services 855. Deputy John Halligan asked the Minister for Health if his attention has been drawn to the fact that in Waterford at present there are approximately 100 children and adolescents living with type 1 diabetes some of whom are receiving care in the local Waterford Regional Hospital but many of whom have the added disadvantage of having to travel to Dublin for treatment due to the lack of sufficient resources within the local Waterford paediatric team; his plans to provide additional resources to the local Waterford paediatric team. [22891/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

Hospital Waiting Lists 856. Deputy Sean Fleming asked the Minister for Health when a person (details supplied)

469 Questions— 14 September 2011. Written Answers

[Deputy Sean Fleming.] in County Laois will be able to obtain a hip operation; and if he will make a statement on the matter. [22899/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Services for People with Disabilities 857. Deputy Finian McGrath asked the Minister for Health if he will support the case of a person (details supplied) in Dublin 3. [22903/11]

Hospital Services 858. Deputy Michael Healy-Rae asked the Minister for Health if his attention has been drawn to the fact that on Valentia Island, County Kerry, there is a local community hospital which is run by a local group that is finding it financially difficult to survive; if his further attention has been drawn to the fact that the continuation of the service of this facility is important to people living on Valentia Island and the surrounding parishes and they have provided care and assistance back over the years and one of the problems that they have on the island is Health Information and Quality Authority standards that are being applied; his views on suspending the role of HIQA for a number of years and allowing our excellent hospitals to get on with their job of work, which they are perfectly capable of doing, and keeping the high standards that they have had back over the years before HIQA ever came into existence; and if he will make a statement on the matter. [22906/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As the Deputy is aware, the Nursing Homes Support Scheme, A Fair Deal, was introduced in October 2009 in order to address the fundamental inequity in the treatment of public and private long-term nursing home residents and to alleviate the financial hardship being experienced by long-term residents in private nursing homes. However, the new scheme supports the individuals in need of long-term nursing home care, not the facilities providing the care. This means that money follows the patients, regardless of whether they choose public, private or voluntary nursing homes. It ensures that these facilities are not being funded for empty beds. In order to qualify for the scheme, all private nursing homes and voluntary nursing homes previously funded under section 39 of the Health Act 2004, including Valentia Hospital, must negotiate and agree a price for the cost of care with the National Treatment Purchase Fund. This is a necessary feature of the scheme due to the commitment by the State to meet the full balance of the cost of care over and above a person’s contribution. The Scheme only applies to long-term nursing home care. The hospital can continue to have separate agreements with the HSE for the provision of other services, e.g. day care, respite and convalescence. I understand that there have been ongoing discussions between the Board of Management of the hospital and the HSE with regards to future service provision. Indeed my colleague the Minister for Health met a delegation from Valentia Hospital in early June to discuss the issues raised by the Deputy.

470 Questions— 14 September 2011. Written Answers

This Government is committed to ensuring the health and safety of residents in nursing homes, whether they are private, voluntary or public. In order to ensure this it is vital that we have effective mechanisms in place to maintain and enhance public confidence in the delivery of quality services. The Health Act, 2007 provides a regime designed to protect residents through an independent inspection and registration system. On 1 July 2009 Statutory responsibility was given to the Chief Inspector of Social Services, part of the Health Information and Quality Authority (HIQA) to carry out this function. This responsibility is underpinned by a comprehensive regulatory framework and National Quality Standards for Residential Care Settings for Older People in Ireland. All nursing homes are subject to the same core standards and regulations in relation to quality and safety in order to ensure the well being of their residents. In this context the Minister cannot accede to the Deputy’s request.

Health Services 859. Deputy Michael Healy-Rae asked the Minister for Health if he will confirm funding for the Connect programme at Castlemaine Community Centre, County Kerry; and if he will make a statement on the matter. [22929/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services 860. Deputy Pearse Doherty asked the Minister for Health further to Parliamentary Question No. 519 of 28 June 2011, if he accepts as adequate the response provided; and if he will make a statement on the matter. [22937/11]

Minister for Health (Deputy James Reilly): Decisions in relation to the appropriate treatment and prioritisation of patients for treatment are the responsibility of the relevant treating physician. In this case, I understand that the patient in question was seen in the responsible consultant’s clinic on the 26th June 2011. I also understand that the patient has been in contact with the hospital’s patient advocacy department who are liaising with her.

Services for People with Disabilities 861. Deputy Finian McGrath asked the Minister for Health if he will support the case of a person (details supplied) in Dublin 5. [22941/11]

Hospital Services 862. Deputy Ann Phelan asked the Minister for Health if he will review the case of a person (details supplied) in County Kilkenny, which has been ongoing since April 2010; and if he will make a statement on the matter. [22942/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

471 Questions— 14 September 2011. Written Answers

Health Service Expenditure 863. Deputy Terence Flanagan asked the Minister for Health the amount spent by the Health Service Executive on taxi services for patients in County Donegal; the number of companies that offer the service; when the last tenders were put out for this service; and if he will make a statement on the matter. [22943/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

Primary Care Strategy 864. Deputy Patrick O’Donovan asked the Minister for Health his plans for the opening of primary care centres across County Limerick; the locations of the proposed centres; and when same will be opened. [22956/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Long-Term Illness Scheme 865. Deputy Brendan Ryan asked the Minister for Health the position regarding the inclusion of ulcerative collitis in the long-term illness scheme; his plans to include the condition in the scheme in the near future; and if he will make a statement on the matter. [22957/11]

893. Deputy Clare Daly asked the Minister for Health if he will include Crohn’s disease in the long-term illnesses scheme. [23140/11]

896. Deputy Michael McGrath asked the Minister for Health his plans to add Crohn’s disease to the list of qualifying conditions under the long-term illness scheme; and if he will make a statement on the matter. [23160/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): I propose to take Questions Nos. 865, 893 and 896 together. There are no plans to extend the list of conditions covered by the Long Term Illness Scheme. However, the terms of the scheme will be reviewed in the context of the Government’s proposals for Universal Health Insurance and free GP care at the point of delivery. Under the Drug Payment Scheme no individual or family pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme 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 Service Staff 866. Deputy Seán Conlan asked the Minister for Health if a person (details supplied) is an employee of the Health Service Executive or Don Bosco House; and if he will make a statement on the matter. [22959/11]

472 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Proposed Legislation 867. Deputy Terence Flanagan asked the Minister for Health if he will respond regarding a matter (details supplied) regarding the banning of alcohol advertisements from television; and if he will make a statement on the matter. [22982/11]

Minister for Health (Deputy James Reilly): The National Substance Misuse Strategy Steering Group was established in 2009. It is examining the development of policy to deal with a wide range of key issues relating to the supply, pricing, availability and marketing of alcohol — including the question of regulations governing restrictions on the advertising of alcohol as referred to by the Deputy — along with measures for the policy areas of prevention strategies, treatment, rehabilitation, alcohol and substance dependency research and information. The report of the Steering Group is close to completion; I expect to receive proposals in the coming months and I will then brief my colleagues in Government on these.

Hospital Services 868. Deputy Paul J. Connaughton asked the Minister for Health if he will instigate a review into the handling of the case of a person (details supplied) in County Galway by Beaumont Hospital, Dublin; and if he will make a statement on the matter. [22987/11]

Minister for Health (Deputy James Reilly): The scheduling of patients for hospital treatment is a matter for the consultant concerned in each case and is determined on the basis of clinical need. Should the patient’s general practitioner consider that the patient’s condition warrants an earlier appointment, he/she would be in the best position to take the matter up with the consultant involved. As this is a service matter it has been referred to the HSE for direct reply.

Smoking Ban 869. Deputy Michael Healy-Rae asked the Minister for Health his views on a matter (details supplied) regarding the smoking ban; and if he will make a statement on the matter. [22991/11]

Minister for Health (Deputy James Reilly): I would like to clarify for the Deputy that, should a future prohibition be introduced, it will not look to restrict the rights of adults to decide what is best for them. Rather, any such prohibition would look to protect the rights of children; that is, persons under the age of majority to whom the State has a particular duty of care and who are otherwise reliant on parents and carers to avoid smoking in order to protect them from environmental tobacco smoke (ETS) in the enclosed space of a car.

International Agreements 870. Deputy Michael McGrath asked the Minister for Health the position regarding the expert group established to make recommendations to him to ensure that Irish law complies with the European Convention on Human Rights on right to life issues. [23019/11]

Minister for Health (Deputy James Reilly): The Department is in the process of carrying out the preliminary work to facilitate the establishment of the Expert Group on the ABC v Ireland judgment. As set out in the Action Plan submitted to the Committee of Ministers of the Council of Europe, it is intended that the Expert Group will be set up by November 2011.

473 Questions— 14 September 2011. Written Answers

Health Service Executive 871. Deputy Patrick O’Donovan asked the Minister for Health his proposals to reduce the cost and amount of administration in the Health Service Executive; and if he will make a statement on the matter. [23045/11]

Minister for Health (Deputy James Reilly): While I recognise that the public health service, as with all health systems, requires managers and administrators to run effectively, nonetheless, I am of the view that there is scope for a reduction in the number of management/administrative staff in the health sector. This is necessary to ensure that we have streamlined and effective structures and also to enable staffing resources to be focused to the maximum extent on frontline patient care. The Government is committed in line with the Programme for Government to reducing numbers in the Civil/Public Service in the period to 2015, while protecting frontline services as far as possible. A comprehensive review of expenditure is underway to examine all areas where savings and numbers reductions might be identified. The results of this review are expected in the Autumn when the Government will consider its recommendations. There are, however, no plans at this time to introduce a voluntary redundancy/early retirement scheme in the Civil/Public Service.

Primary Care Strategy 872. Deputy Sean Fleming asked the Minister for Health the number of primary care centres that have been developed in which primary care teams are based on a county basis; the number of primary care teams that have been established that are not operational through a dedicated primary care centre; the number of primary care centres and primary care teams that are currently being developed; the numbers of centres and teams that are expected to be in operation by end of 2012; and if he will make a statement on the matter. [23046/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The development of Primary Care Teams (PCTs) and Primary Care Centres (PCCs) is a priority under the Programme for Government. The aim is to provide up to 95% of health and social care in local communities. This will be achieved by increasing activity in the primary care setting and redirecting services away from acute hospitals to the community. The HSE has identified a need for 518 Primary Care Teams and 384 of them have commenced operation with varying degrees of activity. 40 of these Teams are located in newly acquired Primary Care Centres and 344 Teams are based in existing HSE accommodation. The remaining 134 Teams are at varying stages of development. It is the HSE’s plan that the majority of PCCs will be provided by the private sector through leasing agreements. In this context, the HSE has developed a generic design model for PCCs with accommodation for up to three Teams per centre. 17 PCCs have opened to date under leasing arrangements and a further 21 are due to open by the end of March 2012. Primary Care Centres in disadvantaged urban and rural areas will continue to be funded from the Exchequer. 15 of these are currently accommodating PCTs. There are currently 4 Exchequer funded centres in development and it is expected that these will become operational by the end of 2012. These are located in Inchicore, Ballyfermot and Rathfarnham in Dublin and Glenties in Co. Donegal. The following two tables show the number of PCCs that have been developed in which primary care teams are based on a county basis.

474 Questions— 14 September 2011. Written Answers

Primary Care Centres — Lease Agreement

Location County No of PCTS GPs located in HSE staff Centre located in Centre

1 Carlow Carlow 3 Yes Yes 2 Mallow Cork 3 Yes Yes 3 Mitchelstown Cork 1 Yes Yes 4 Letterkenny Donegal 2 Yes Yes 5 Ballyogan/Leopardstown Dublin 1 Yes Yes 6 Galway City East Galway 1 Yes Yes 7 Naas Kildare 2 Due Jan 2012 * Yes 8 Mountmellick Laois 1 Yes Yes 9 Portarlington Laois 1 Yes Yes 10 Ballina Mayo 1 Yes Yes 11 Trim Meath 1 Yes Yes 12 Roscommon Roscommon 2 Yes Yes 13 City Centre Waterford Waterford 1 Yes Yes 14 Kinnegad Westmeath 1 Yes Yes 15 Moate Westmeath 1 Yes Yes 16 Gorey (Nixon) Wexford 1 Yes Yes 17 Newtownmountkennedy Wicklow 1 Due Sept 2011 Yes

TOTALS: 24 * K-Doc operating from here from 2pm every day. Naas GPs also run their locum service from the site.

Primary Care Centres — Exchequer Funded

Location County No of PCTS GPs located in HSE staff Centre located in Centre

1 Cootehill Cavan 1 Yes Sept ’11 2 Virginia Cavan 1 Yes Yes 3 Ballymun Dublin 2 Yes Yes 4 Irishtown, Dublin Dublin 1 Yes Yes 5 Liberties, Dublin South Dublin 1 Yes Yes City 6 Pearse St, Dublin Dublin 1 Yes Yes 7 Ranelagh Dublin 1 Yes Yes 8 Clonbur Galway 1 Yes Yes 9 Inis Oirr Galway 1 Yes Yes 10 Oughterard Galway 1 Yes Yes 11 Westbury Limerick 1 Yes Yes 12 Longford Town Longford 1 Yes Yes 13 Achill Mayo 1 Yes Yes 14 Charlestown Mayo 1 Yes Yes 15 Coole Westmeath 1 Yes Yes

TOTALS: 16

Hospital Services 873. Deputy Terence Flanagan asked the Minister for Health his views on a matter (details 475 Questions— 14 September 2011. Written Answers

[Deputy Terence Flanagan.] supplied) regarding Tallaght Hospital, Dublin; and if he will make a statement on the matter. [23048/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Hospital Staff 874. Deputy Timmy Dooley asked the Minister for Health the staff complement at a hospital (details supplied) in Dublin 3; if he will provide details of the annual level of staff; the annual cost of staff; if he has commissioned a review of the catering staff; if so, the purpose, and the cost of same; if outsourcing of staff is permitted under the Croke Park agreement; the position regarding catering staff in hospitals; the number of staff per bed; if there is a league table for the various hospitals in the Dublin area or nationwide in this regard; the way this hospital scores in that table; and if he will make a statement on the matter. [23059/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Services for People with Disabilities 875. Deputy Joe Costello asked the Minister for Health the reason there are no services in Dublin to provide training in life skills for persons who have Asperger’s syndrome; his plans to provide such services in Dublin; and if he will make a statement on the matter. [23060/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): 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.

Health Services 876. Deputy Paul J. Connaughton asked the Minister for Health the position regarding waiting lists for orthodontic treatment in County Galway; the number of persons on the waiting list as of August 2011 and August 2010; if there is any possibility of the current waiting time being reduced; and if he will make a statement on the matter. [23061/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

877. Deputy Paul J. Connaughton asked the Minister for Health when a person (details supplied) in County Galway will be seen by the orthodontic clinic; if his attention has been drawn to the fact that this person went on a ten-month waiting list in 2010 and is now told that they will have to wait another year, even though this is an urgent case and the person in question is starting secondary school; and if he will make a statement on the matter. [23062/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

Hospital Waiting Lists 878. Deputy Paul J. Connaughton asked the Minister for Health the measures in place for persons waiting almost a year for a cataract operation in County Galway; the steps he will take

476 Questions— 14 September 2011. Written Answers to ensure that a person (details supplied) in County Galway is called for an operation; and if he will make a statement on the matter. [23063/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Ambulance Service 879. Deputy Michael Healy-Rae asked the Minister for Health the position regarding the proposed removal of the 24-hour emergency service at a hospital (details supplied) in County Kerry; and if he will make a statement on the matter. [23065/11]

953. Deputy Tom Fleming asked the Minister for Health if he will alleviate the fears of the local population of the Caherciveen Iveragh Peninsula area, County Kerry, by ensuring that 24-hour ambulance cover remains in place. [23733/11]

Minister for Health (Deputy James Reilly): As these are service matters they have been referred to the HSE for direct reply.

Mental Health Services 880. Deputy Michael Healy-Rae asked the Minister for Health the position regarding facilities for persons over 18 years and are suffering mental illness; the steps he will take to secure places for these persons; and if he will make a statement on the matter. [23066/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter the question has been referred to the HSE for direct reply.

Ambulance Service 881. Deputy Dominic Hannigan asked the Minister for Health the number of rapid response vehicles in service in the north west; the location of the ambulance bases at which the rapid response vehicles are located; the times the rapid response vehicles are active; and if he will make a statement on the matter. [23069/11]

882. Deputy Dominic Hannigan asked the Minister for Health if he will give a commitment that rapid response vehicles will not replace existing ambulances in the north west region; and if he will make a statement on the matter. [23070/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 881 and 882 together. As these are service matters they have been referred to the HSE for direct reply.

883. Deputy Dominic Hannigan asked the Minister for Health the amount of funding received by the National Ambulance Service since 2006 on a regional basis in tabular form; and if he will make a statement on the matter. [23071/11]

Minister for Health (Deputy James Reilly): The information requested by the Deputy is set out in the following table:

NAS Area NAS 2006 2007 2008 2009 2010 2011 Division

West Mid 10,427,000 10,977,000 11,513,889 12,587,186 11,194,226 13,501,095 Western Western 14,644,000 14,435,000 14,949,000 15,387,000 13,951,189 15,740,950

477 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.] NAS Area NAS 2006 2007 2008 2009 2010 2011 Division

North 10,543,000 11,046,000 11,543,311 11,704,541 10,832,671 12,238,392 Western South South 15,685,000 16,011,000 16,636,700 17,255,051 16,036,002 Eastern South 14,831,000 15,613,000 16,250,368 17,263,613 32,360,936*** 16,512,055 Western** North Eastern* 29,500,000 30,931,000 31,668,355 30,928,126 28,049,450 31,377,000 Leinster North 11,501,000 10,715,000 11,105,678 12,422,951 28,049,450 31,377,000 Eastern Midland** 11,423,000 9,775,699 10,132,001 10,501,000 9,744,600 10,821,000 * Includes annual payment of €9.66m to Dublin City Council for Dublin Fire Brigade Ambulance Service in designated parts of Dublin. ** These Divisions do not fund total expenditure on hired transport/taxis. *** For 2010 the South East and South West budgets were consolidated.

Medical Cards 884. Deputy Terence Flanagan asked the Minister for Health if he will reply to a matter (details supplied) regarding the medical card system; and if he will make a statement on the matter. [23078/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The Irish Health System provides for two categories of eligibility for all persons ordinarily resident in the country, i.e. full eligibility and limited eligibility. Full eligibility is determined mainly by reference to income limits and is granted to persons who, in the opinion of the Health Service Executive, are unable to provide general practitioner, medical and surgical services for themselves and their dependents without undue hardship. Persons with full eligibility are awarded a medical card. Determination of an individual’s eligibility status is the responsibility of the Health Service Executive. Persons with full and limited eligibility are eligible for in-patient and outpatient public hospital services including consultant services, subject to certain charges for non-medical card holders. With respect to outpatient services, there is currently a charge of €100 for attendance at an Accident and Emergency Department, subject to defined exemptions including medical card holders and persons who have a letter of referral from a G.P. and persons whose attendance results in an admission as an in-patient. The nature of emergency services means that it would be inappropriate that either a patient’s ability to pay or their insurance status might be a factor in their getting preferential treatment in an A&E Department. All patients who present to A&E Departments in public hospitals, are by default, public patients.

Garda Vetting 885. Deputy Sean Fleming asked the Minister for Health the procedure regarding persons employed in the health services of the categories that staff require Garda vetting including consultants, doctors, nurse assistants and other care workers; if different rules for Garda vetting applied on different grades of persons that are recruited from outside the country or locally; and if he will make a statement on the matter. [23084/11] 478 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): Garda vetting is a pre-employment check carried out if any prospective employee, volunteer or student on placement will have unsupervised access to children or vulnerable adults. It provides for the disclosure by the Garda Central Vetting Unit (GCVU) to the prospective employer of details available to the Garda of prosecutions and convictions of the candidate. It is a matter for the employer to assess the implications of the information before a decision is taken on the candidate’s suitability to take up duty. In the case of the Health Service Executive, its recruitment policy provides that all new employees, at any grade, and not just those dealing with vulnerable clients, are subject to Garda Vetting. Candidates who have resided outside of Ireland, for a period of six months or more, must provide a Police Clearance Certificate from each country in which they have resided, dated after departure from that country, stating that no convictions have been recorded against them. This is in addition to the Garda Vetting process.

HSE Debt Collection 886. Deputy Sean Fleming asked the Minister for Health the procedures in place to ensure that the Health Service Executive notifies on a daily basis debt collection agencies who work on their behalf when patients have made their payments directly to the HSE to avoid these debt collecting agencies phoning people at evening time and issuing letters to persons saying that they may be placed on the credit bureau list for non-payment; if he will put in place proper protocols for dealing with these issues; and if he will make a statement on the matter. [23086/11]

Minister for Health (Deputy James Reilly): The Health Service Executive seek to maximise the recovery of income in a socially responsible and cost effective way. Initial follow up on outstanding charges is carried out by each hospital and includes the use of reminder letters. Collection agencies are used when the normal collection process has been exhausted. The HSE employ the services of debt collection agencies in twenty three of its statutory acute hospitals. Of these hospitals, sixteen notify the relevant debt collection agency on a real time / daily basis. Four hospitals notify on a weekly basis and the remaining three hospitals notify the debt collection agency on a greater than weekly basis. The HSE will direct all acute hospitals to update collection agents on a real time / daily basis.

Medicinal Products 887. Deputy Terence Flanagan asked the Minister for Health his views on a matter (details supplied) regarding the prescription charge; and if he will make a statement on the matter. [23097/11]

Health Services 888. Deputy Terence Flanagan asked the Minister for Health if he will comment on a matter (details supplied) regarding the length of waiting time in the accident and emergency department in Beaumont Hospital, Dublin 9; and if he will make a statement on the matter. [23108/11]

479 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

889. Deputy Aengus Ó Snodaigh asked the Minister for Health if his attention has been drawn to the number of social care workers serving the Dublin west area that have been cut by 50%; his views that this will leave many families in extremely vulnerable positions and may force older persons into residential care, when care in the home may previously have been a viable option with the support of social workers in the community; and the steps he will take to reverse the cut. [23117/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

890. Deputy Terence Flanagan asked the Minister for Health his views on a matter (details supplied) regarding a health centre in Dublin 13; and if he will make a statement on the matter. [23127/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

891. Deputy Charles Flanagan asked the Minister for Health when a person (details supplied) in County Offaly will receive a date for a cataract operation, in view of the fact that this person has been waiting some 14 months for same; and if he will make a statement on the matter. [23135/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Education 892. Deputy Patrick O’Donovan asked the Minister for Health his plans to require the publication of the numbers of calories contained in food by food outlets; and if he will make a statement on the matter. [23137/11]

Minister for Health (Deputy James Reilly): I established a Special Action Group on Obesity to identify a number of specific issues which could be progressed to help make an impact on our obesity levels. Calorie posting on restaurant menus was one of the issues identified and my Department met with representatives from the food and drinks industry in this regard. I now intend writing to Irish fast food outlets, with parent companies involved in the calorie posting programme in the US, requesting that they participate in a similar scheme here. At the same time my Department is examining the feasibility of extending the initiative to other restaurants.

Question No. 893 answered with Question No. 865.

Long-term Illness Scheme 894. Deputy Finian McGrath asked the Minister for Health if he will support a request to include Crohn’s disease on the long-term illness scheme (details supplied). [23141/11]

480 Questions— 14 September 2011. Written Answers

Under the Drug Payment Scheme no individual or family pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme 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 895. Deputy Michael McGrath asked the Minister for Health the position regarding the provision of respite care in respect of a child with special needs (details supplied) in County Cork. [23159/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As the Deputy’s question relates to service matters, I have arranged for this question to be referred to the Health Service Executive for direct reply.

Question No. 896 answered with Question No. 865.

Medicinal Products 897. Deputy Terence Flanagan asked the Minister for Health his views on the amount of medication wasted (details supplied); and if he will make a statement on the matter. [23172/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): I share the Deputy’s concern about the wastage of expensive medicines. For most medicines pharmacists are able to dispense the exact amount required for a month’s supply even where products are supplied in packs greater than a month. For a small number of medicines, however, storage conditions are such that dispensing in the original pack is essential. However, if it is the case that a medicine has been over-prescribed then the patient should make this known to their GP to assist in ensuring that the medication is prescribed in the appropriate amounts.

Health Services 898. Deputy Terence Flanagan asked the Minister for Health his views on whether the service provided by D Doc is inadequate (details supplied); and if he will make a statement on the matter. [23184/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

899. Deputy Joan Collins asked the Minister for Health if the weekly reports from Saint Vincent’s Hospital, Dublin on the numbers of cystic fibrositis inpatients and those awaiting to be admitted are published; if not, his plans to get these figures released to the public on a weekly basis. [23225/11]

Minister for Health (Deputy James Reilly): This information is not routinely collected by my Department. However, I have forwarded the request to the Health Service Executive for direct reply to the Deputy.

481 Questions— 14 September 2011. Written Answers

Medical Cards 900. Deputy Joanna Tuffy asked the Minister for Health the reason the Health Service Executive, when calculating a person’s means of entitlement to a medical card or GP only card on income grounds, does not exclude income, the mandatory pension levy and pension contribution that public and civil servants are required to make; if a review of the eligibility criteria for medical cards, to include income and outgoings is being considered; and if he will make a statement on the matter. [23226/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The Health Service Executive has confirmed that it does not currently take the pension levy or pension contributions into account when calculating a person’s means for entitlement to a medical card or GP Visit card. This matter is presently under review.

Health Service Staff 901. Deputy Charles Flanagan asked the Minister for Health the position regarding the employment panel for physiotherapists here; if recently graduated physiotherapists have been accommodated with employment in the health service; and if he will make a statement on the matter. [23227/11]

Minister for Health (Deputy James Reilly): The HSE held a centralised recruitment competition for Staff Grade Physiotherapists in 2008. Since then 237 permanent posts have been filled from this panel and a further 110 temporary appointments made. These appointments were to fill many of the service developments for both Primary Care Teams and Disability services, together with replacements for existing physiotherapists who were promoted or were on maternity leave. This panel is still live with a potential 246 candidates remaining. As this panel dates from 2008 it does not contain any recent graduates. However, I have asked the HSE to carry out a validation of the panel to determine how many of those on it are still available for employment. The Employment Control Framework 2011-2014 gives effect to Government priorities on employment policy in the public sector and provides that there will be a net reduction in employment to 2014. However, the Framework allows for some growth in certain grades which are exempt from the moratorium on recruitment including Physiotherapists in order to deliver on key priority services. You may also wish to note that I have asked the HSE to develop proposals in relation to providing internship opportunities for qualified physiotherapists under the new JobBridge Scheme operated by the Department of Social Protection.

Health Services 902. Deputy Jim Daly asked the Minister for Health the reason a person (details supplied) in County Cork has not received any O.T. services to date in 2011; and if he will make a statement on the matter. [23241/11]

903. Deputy Joan Collins asked the Minister for Health the statistics for recorded deaths related to hypothermia in each of the years 2005 to 2011 in tabular form broken down by each month or quarter and age range. [23281/11]

482 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): The Central Statistics Office (CSO) has provided the following figures showing the numbers of recorded deaths related to hypothermia for each of the years 2005 to 2010, broken down by each month and age range. Please note that data for 2011 is not yet available and that data for 2009 and 2010 are provisional.

Deaths due to hypothermia classified by month of death and age group, 2005 to 2010

2005 — 10 year age group

Month of death 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 + Total

January ————— 12— 3 March ——— 1 ——— 12 August —————— 1 — 1 September ——————— 11 October —————— 1 — 1 November ————— 1 —— 1 December ————— 11— 2

Total ——— 1 — 35211

2006 — 10 year age group

Month of death 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 + Total

February ——————— 11 March ———— 1 ——— 1 April ———— 1 ——— 1 November ————— 1 —— 1 December 1 — 1 —— 2 — 15

Total —————————

2007 — 10 year age group

Month of death 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 + Total

January — 1 —————— 1 March ——— 1 —— 1 — 2 April —————— 1 — 1 July —————— 2 — 2 August ——— 1 — 1 —— 2 October ——— 1 ———— 1 December 1 —— 1 ———— 2

Total 1 1 — 4 — 14— 11

2008 — 10 year age group

Month of death 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 + Total

January ——— 1 —— 1 — 2 February ————— 1 —— 1

483 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.] Month of death 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 + Total

March ————— 1113 November ——————— 11 December —— 111——— 3

Total —— 12122210

2009 — 10 year age group

Month of death 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 + Total

January ———— 1 ——— 1 February ——— 2 ———— 2 May — 1 —————— 1 November —— 1 ———— 12 December —— 111——— 3

Total — 1232—— 19

2010 — 10 year age group

Month of death 15 to 24 25 to 34 35 to 44 45 to 54 55 to 64 65 to 74 75 to 84 85 + Total

January ———— 1 — 4 — 5 February —————— 1 — 1 April ———— 2 ——— 2 July ———— 1 ——— 1 November ——————— 11

Total ———— 4 — 5110 Source: Central Statistics Office

Services for People with Disabilities 904. Deputy Aengus Ó Snodaigh asked the Minister for Health further to Parliamentary No. 220 of 25 May 2011, if he will make a statement detailing the steps taken to disaggregate mental health and disability services with specialist service providers to create more appropriate care programmes for individuals with learning disability. [23282/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The Government’s policy for the planning and delivery of services to people with disabilities is that they should be given the opportunity to live as full a life as possible and to live with their families, and as part of their communities, for as long as possible. The position in relation to the transfer of people with an intellectual disability currently residing in psychiatric hospitals will be addressed through the HSE’s Corporate Plan 2011-2014 which is currently being drafted. Closure plans which are currently being developed for large psychiatric hospitals (where there are approximately 277 people with intellectual disability according to the NIDD report of 2009) will include arrangements for the transfer of those individuals to appropriate community residential facilities. An example of these arrangements currently being progressed is St Ita’s in Portrane for the transfer of clients from the psychiatric hospital to appropriate community facilities in Knockamann. 484 Questions— 14 September 2011. Written Answers

905. Deputy Aengus Ó Snodaigh asked the Minister for Health further to Parliamentary Question No. 220 of 25 May 2011, his strategy for individuals with dual diagnosis who require acute psychiatric care that the Health Service Executive has developed in collaboration with voluntary and independent providers; and if he will elaborate on the work that is continuing; and if he will make a statement on the matter. [23283/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): Following the publication of A Vision for Change, a Working Group was established by the HSE to consider Mental Health Service Delivery Models and Inpatient Capacity for Persons with Intellectual Disability and Mental Health Problems. This Working Group completed its Report in September 2006. The strategy outlined in the report was developed in collaboration with specialist healthcare professionals as well as voluntary and independent service providers in the sector. The objective was and still is to more appropriately cater for the specific needs of individuals with a dual diagnosis of intellectual disability who also require acute psychiatric care. The strategy involves the provision of regionally based facilities to provide a flexible and effective continuum of care based on need. These include acute, assessment and rehabilitation beds and services, day hospital and respite places. There is also a significant review on-going at present in relation to the provision of disability services generally which is expected to be concluded by the end of this year and that may provide further input to the way in which the dual diagnosis programme is developed. Proposals for taking this work forward are currently under discussion between my Depart- ment and the relevant Assistant National Directors with responsibility for mental health and disability services in the HSE.

Departmental Expenditure 906. Deputy Shane Ross asked the Minister for Health the amount his Department has spent on taxis for staff and for others in each of the past four years. [23300/11]

Minister for Health (Deputy James Reilly): The amounts spent by my Department on taxis for the years 2008, 2009, 2010 and to date in 2011 are €15,238, €10,686, €15,928 and €8,368 respectively.

907. Deputy Shane Ross asked the Minister for Health the details of spending, using departmental credit cards held by staff over the past four years; the numbers of persons in his Depart- ment who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit card. [23315/11]

Minister for Health (Deputy James Reilly): The amount spent by my Department using credit cards held by Departmental staff over the past four years is €45,382. There are two corporate credit cards for official business purposes currently in use in my Department. A Bank of Ireland Visa credit card is issued to my Private Secretary and a second card is issued to a nominated officer in my Department’s Finance Unit. This card is used to cover a range of costs such as publications, seminar and conference fees, annual membership fees, transport costs and software purchases where payment by credit card is required. The credit limit on both cards is €15,000. The amount spent by my Department on state and official entertainment using the credit cards over the past four years totals €4,882. In addition, a credit card was also issued to the Registrar of the Adoption Board and, up to the establishment of the Adoption Authority of Ireland on 1 November 2010, this card’s payments were met by my Department.

485 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.] The total amount spent on the Adoption Board’s credit card over the past four years totals €15,451 with €9,469 of this spent on state and official entertainment.

Obesity Prevention 908. Deputy Denis Naughten asked the Minister for Health his plans to introduce a sugar tax to help address the growing problem of diabetes; and if he will make a statement on the matter. [23321/11]

Minister for Health (Deputy James Reilly): The introduction of a sugar tax is one of a number of issues which is being considered by the Special Action Group on Obesity. I established this Group earlier in the year to identify a number of issues to help address our obesity problem. The Deputy will be aware that obesity is a factor in our growing rates of Type II Diabetes.

Health Service Staff 909. Deputy Denis Naughten asked the Minister for Health the cost, to date, of the provision of accommodation, board and so on for Indian and Pakistani NCHDs to be recruited through the temporary registration process; if he will provide a breakdown of the figures involved; the number of such NCHDs recruited to date; the number issued with temporary registration; and the number awaiting approval of such registration; and if he will make a statement on the matter. [23325/11]

Minister for Health (Deputy James Reilly): The costs incurred by the HSE up to 9 September 2011 in respect of accommodation and food provided in Dublin for NCHDs recently recruited from India and Pakistan is €80,709. Details of the costs incurred in other regions are being collated by the HSE and will be forwarded to the Deputy as soon as they are available. The recruitment of these additional doctors will facilitate the generation of significant pay savings through reduction of NCHD overtime and spending on agency NCHD staff. In July 2011, the Medical Practitioners Act 2007 was amended to allow for the creation of a new ‘Supervised Division’ on the Medical Register. Registration in the Supervised Division means that a person is registered for a period not exceeding two years in an identified post approved by the Medical Council and subject to supervision by the employer in line with criteria set down by the Medical Council. Medical Council systems are in place to ensure that patients will be treated by a doctor who has the education, training and skills to provide safe and appropriate care. In the interests of patient safety, doctors can therefore only be registered in the Supervised Division once they have met all of the registration requirements. The Medical Council and the HSE are working to ensure that the necessary procedures to facilitate the registration of doctors are completed as quickly as possible, so that they can take up duty. There are a number of elements to the processing of these applications.

(i) The paper based application by the candidate submitting all relevant documentation on qualifications, home state clearance etc;

(ii) The passing of the (practical) examination stage; and

(iii) The approval of the posts by the HSE including a declaration from the hospitals regarding the appropriate supervision of the applicants.

All three stages of the registration process have been run concurrently to expedite the registration of doctors identified as part of the HSE’s recruitment drive in India and Pakistan.

486 Questions— 14 September 2011. Written Answers

Approximately 70 candidates who have passed the practical examination have not yet provided the Medical Council with satisfactory evidence of their qualifications. Valid declarations from hospitals are a requirement for registration and detail the supervisory arrangements that are in place to protect patients and I understand that there are some 65 declarations outstanding at present. Out of a total of 266 doctors, 236 passed specialty-specific examinations set by the Medical Council in August 2011. Approximately 120 of these have met the requirements for registration to the Supervised Division of the Register of Medical Practitioners and have been registered. This figure is subject to change on a daily basis as further applications are processed that have satisfied all the above requirements. The HSE and the Medical Council are working actively to expedite submission of the necessary documentation so that the remaining doctors can be registered as soon as possible.

Ministerial Staff 910. Deputy John O’Mahony asked the Minister for Health the number of persons employed in each of the private offices and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23345/11]

912. Deputy John O’Mahony asked the Minister for Health the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23375/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 910 and 912 together. The information requested by the Deputy is set out below in tabular format. For ease of reference I am presenting the information on a year by year basis. The information is provided in respect of the gross annual salary (point on salary scale) of individuals employed in the Ministers offices at 31 December 2009, 31 December 2010 and 14 September 2011. This figure is exclusive of employers PRSI, employers superannuation contributions or any payments in respect of overtime.

Year Office Private Office Gross Annual Constituency Gross Annual WTE Salary Office WTE Salary

2011 Minister for Health Minister Reilly 8 €340,958 2.4 €88,810 Minister Coughlan left office 7 €298,392 N/A N/A 09 March 2011 Minister Harney left office 20 8 €358,129 2 €93,031 January 2011 Minister of State with 4 €184,047 3 €123,387 responsibility for Primary Care (Roisin Shortall TD) Minister of State with 3.8 €171,865 3 €111,705 responsibility for Disability Equality and Mental Health (Kathleen Lynch TD)

487 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.] Year Office Private Office Gross Annual Constituency Gross Annual WTE Salary Office WTE Salary

Minister of State with 5.8*– €180,607 3 €124,172 responsibility for Children and Youth Affairs (Barry Andrews TD) left office 9 March 2011 Minister of State with 2.8 €114,612 2 €94,816 responsibility for Disability Issues and Mental Health (John Moloney TD) left office 9 March 2011 Minister of State with 3 €146,732 4 €128,426 responsibility for Older People and Health Promotion (Aine Brady TD) left office 9 March 2011

Year Minister Private Office Gross Annual Constituency Gross Annual WTE Salary Office WTE Salary

2010 Minister for Health and 8 €358,129 2 €93,031 Children (Mary Harney TD) Minister of State with 4.8 €180,607 3 €124,172 responsibility for Children and Youth Affairs (Barry Andrews TD) Minister of State with 2.8 €114,612 3 €130,410 responsibility for Disability Issues and Mental Health (John Moloney TD) Minister of State with 3 €146,732 4 €128,426 responsibility for Older People and Health Promotion (Aine Brady TD)

Year Minister Private Office Gross Annual Constituency Gross Annual WTE Salary Office WTE Salary

2009 Minister for Health and 8 €369,019 2 €98,952 Children (Mary Harney TD) Minister of State with 5.6* €241,311 3 €127,816 responsibility for Children and Youth Affairs (Barry Andrews TD) Minister of State with 3.8** €152,351 3 €137,182 responsibility for Disability Issues and Mental Health (John Moloney TD) Minister of State with 3 €150,006 4 €169,077 responsibility for Older People and Health Promotion (Aine Brady TD) wef 22/04/09)

488 Questions— 14 September 2011. Written Answers

Year Minister Private Office Gross Annual Constituency Gross Annual WTE Salary Office WTE Salary

Minister of State with 4.5 €208,803 4 €172,715 responsibility for Older People (Maire Hoctor TD) left office 21 April 2009 Minister of State with 6 €271,145 5 €171,558 responsibility for Health Promotion and food (Mary Wallace TD) left office 21 April 2009 Notes. – Minister Reilly’s Constituency Office Includes 0.4 WTE providing temporary cover for sick leave. Any reduction in the individuals rate of pay relating to sick leave absence has not been included. *Minister Andrews Private Office includes 1 additional WTE providing cover for maternity leave in 2009 and 2011.

Minister Andrews Office includes 1 WTE on loan from Department of Education and Science and Minister Moloney’s Office includes 1 WTE on loan from Department of Education and Science in 2009. Salary figures have not been included for these individuals as they were paid by their parent Department. Details have not been provided for Special Advisers as this information has been supplied in PQ number 23360/11. Details for Civilian Drivers have not been included as they are not part of the private office or constituency office staff.

911. Deputy John O’Mahony asked the Minister for Health the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23360/11]

Minister for Health (Deputy James Reilly): The information requested by the Deputy in relation to Special Advisers is set in the following table:

Year Office Number of Amount Paid in Special Advisers Salaries ** WTE

2011 Minister for Health 4* €99,812 2011 Minister of State with responsibility for Primary Care 0.5 €109 2011 Minister of State with Responsibility for Children and 1* €25,212 Youth Affairs 2010 Minister for Health and Children 2 €262,223 2010 Minister of State with Responsibility for Children and 1 €99,052 Youth Affairs 2009 Minister for Health of Children 2 €284,111 2009 Minister of State with Responsibility for Children and 1 €107,114 Youth Affairs *The numbers of Special Advisers in 2011 includes those appointed to the 30th Dail. ** This includes the gross amount of salary paid to date and is exclusive of employers PRSI and any superannuation contributions made by the Department on behalf of the employee.

There were no Programme Managers employed in my Department during the period in question. Question No. 912 answered with Question No. 910. 489 Questions— 14 September 2011. Written Answers

Appointments to State Boards 913. Deputy Olivia Mitchell asked the Minister for Health if he will clarify the current employment status of a person (details supplied); if this person still holds the postilion of chief executive; and if he will make a statement on the matter. [23382/11]

Minister for Health (Deputy James Reilly): The individual concerned has tendered his resignation to the Board of the VHI and in accordance with his contract is working out six months notice. I understand that this period of notice expires on the 5th November 2011.

Health Services 914. Deputy Michael Healy-Rae asked the Minister for Health his views on a newborn screening programme to identify glutamic acidemia in babies; and if he will make a statement on the matter. [23383/11]

Minister for Health (Deputy James Reilly): I do not have a proposal for the inclusion of Glutaric Acidemia in the Newborn screening programme. I will, however, keep the matter under consideration.

915. Deputy Gerry Adams asked the Minister for Health if his attention has been drawn to the fact that there are no hospital beds at the weight management clinic, St. Columcille’s Hospital, Loughlinstown, County Dublin and that this has been the case for the last 11 months; if there is a list of patients waiting on available beds; the way he proposes to rectify this situation; and if he will make a statement on the matter. [23408/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

916. Deputy Joe Costello asked the Minister for Health the action he is taking to protect patients in the care of the Health Service Executive, particularly those with a learning disability who may be vulnerable from sexual abuse; if he will reconsider his decision to cut funding to an organisation (details supplied) in view of the work carried out by this organisation, particularly the help line and counselling service provided; and if he will make a statement on the matter. [23413/11]

Health Service Staff 917. Deputy Dan Neville asked the Minister for Health the professions which have completed registration to the Health and Social Care Professionals Council and qualify to use the title of a designated health and social care profession and when the determination of complaints relating to their fitness to practice has been completed under the Health and Social Care Pro- fessionals Act 2005. [23414/11]

Minister for Health (Deputy James Reilly): The Health and Social Care Professionals Council (HSCPC) was established in March 2007, under the provisions of the Health and Social Care Professional Act 2005. Thee Act provides for the establishment of a system of statutory registration for twelve health and social care professionals as follows; clinical biochemists, dieti- tians, medical scientists, occupational therapists, orthoptists, physiotherapists, podiatrists, psy-

490 Questions— 14 September 2011. Written Answers chologists, radiographers, social care workers, social workers and speech and language therapists. Registration will apply to the twelve professions regardless of whether they work in the public or private sector or are self-employed and is the first time that fitness to practice procedures will be put in place for these professionals on a statutory basis. The main focus of the council to-date has been the setting up of organisational structures, the progression of corporate and general processes and the identification of robust financial/HR and governance systems. The Council has undertaken considerable preparatory work to provide for the establishment of the registration boards and is developing governance arrangements, financial management systems, fitness to practice procedures and ICT systems. A Code of Corporate Governance, a Strategic Statement/Business Plan 2010-2012 and a Communi- cation Strategy 2010-2013 have also been drawn up. In addition, the National Social Work Qualifications Board (NSWQB) was dissolved and its staff, property and liabilities transferred to the HSCPC on the 31st March 2011. The first registration board to be established under the Council, the Social Workers Regis- tration Board, was established in August 2010, and the associated Social Workers Register opened for receipt/processing of registrants on Tuesday 31 May, 2011. With the opening of this register, this is the first step in the regulation of social workers as a profession and the Social Workers Registration Board will be considering applications for registration from an estimated 2,500 registrants of the profession. As part of this process, a new statutory Code of Professional Conduct and Ethics for Social Workers has been adopted to underpin the regulation of the profession. The Code specifies the standards of ethics, performance and conduct required of registered social workers in a clear and accessible manner. e new system of regulation will give the public confidence that they are dealing with a fully qualified and regulated professional whenever they encounter a social worker. Under the provisions of the 2005 Act, there is a two-year transitional period from the date on which the register of the members of that profession is established, during which social workers currently employed may apply for registration. From May 2013, every social worker wishing to use the title will be required to be registered. the name of every registered social worker will be published in the register, which will be accessible online. Only social workers who have satisfied the board that they hold an approved qualification and are “fit and proper” to engage in the practise of the profession will be entered on the register. Part 6 of the Health and Social Care Professionals Act 2005 refers to issues concerning complaints and disciplinary sanctions in relation to registrants. e related fitness to practice regime, to be introduced within the next two years, will allow concerned members of the public to make a complaint about a registered social worker. If upheld, disciplinary sanctions can be imposed, including preventing that person from practising as a social worker. e implementation and operation of a robust fitness to practice process will underpin and ensure adequate patient safety provisions. The considerable preparatory work undertaken by the HSCPC to-date, and the structures implemented to facilitate the opening of the first registration board and register, will greatly assist the HSCPC in making further progress. It is envisaged that at least five additional registration boards will be established before end-2012, with subsequent registration boards to be established as soon as possible after that.

Health Services 918. Deputy Joanna Tuffy asked the Minister for Health the position regarding the need for funding in respect of a child therapy service based at Rosse Court Centre, Lucan, County

491 Questions— 14 September 2011. Written Answers

[ Deputy Joanna Tuffy.] Dublin; his views on this proposal that has been made to him and the Health Service Executive; and if he will make a statement on the matter. [23420/11]

Departmental Expenditure 919. Deputy Simon Harris asked the Minister for Health the budget available to his Depart- ment for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23447/11]

Minister for Health (Deputy James Reilly): The following table summarises my Department’s actual ICT expenditure for 2010 and planned expenditure for 2011, as approved by the Depart- ment of Finance:

Headings 2010 2011

Total €1.36m €1.56m

The Department of Public Expenditure Circulars 2/09 and 2/11 relating to the arrangements for ICT expenditure in the Civil and Public Service outline a range of initiatives designed to reduce risk and achieve better value for money. These circulars require all Departments and Offices including my Department and its agencies that spend monies from Voted Funds on ICT expenditure to comply with Department of Public Expenditure circulars, advisories and best practice guidance relating to ICT expenditure and to submit a breakdown of all ICT budgeted expenditure planned to that Department and my own Department for approval prior to any funds being expended. In addition to the Department of Public Expenditure guidance, the Department of Health’s procurement policy provides detailed guidelines and procedures for staff to follow when carrying out procurement functions in compliance with national and EU rules. In pursuing efficiency and value for money my Department and the HSE uses, where ever possible, national framework contracts organised by the Department of Public Expenditure and CMOD for ICT related equipment. Other measures in relation to the value for money involve engaging in regular procurement exercises and also on-going evaluation of expenditure in this area. The ICT Unit within my Department provides ICT shared services to the Department of Children and Youth Affairs, the Adoption Authority of Ireland, the Office of the Disability Appeals Officer and the Ombudsman for Children’s Office as a significant contribution to efficiency and value for money in this area. My Department is currently meeting with the small and medium sized health agencies in relation to shared services including the provision of ICT related services.

Professional Fees 920. Deputy Terence Flanagan asked the Minister for Health if he will deal a matter (details supplied) in relation to professional consultants’ fees; and if he will make a statement on the matter. [23459/11] 492 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): Under current eligibility arrangements the decision to see a medical consultant as a private patient results in a private contract between the consultant and the patient. The patient then remains private for the duration of their episode of care. The Medical Council’s Guide to Professional Conduct and Ethics for Registered Medical Practitioners states that the fees charged by them should be appropriate to the service provided and that patients should be informed of the likely costs before the consultation and treatment. It is my belief that the fees charged by the majority of consultants at present are too high and while I, as Minister for Health, have no role in relation to such fees, I would expect clinicians to have regard to the overall economic situation in setting their fees. The Government is embarking on a major reform programme for the health system. The aim of this reform is to deliver a single-tier health service that will deliver equal access to care based on need, not income.

Departmental Expenditure 921. Deputy Sean Fleming asked the Minister for Health if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23474/11]

Minister for Health (Deputy James Reilly): Departmental submissions on the Comprehen- sive Expenditure Review are a central part of the overall pre-Budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure & Reform has already indicated that it is his intention to publish the reports submitted as part of the Comprehensive Expenditure Review process following the finalisation of the budgetary process.

Health Services 922. Deputy Terence Flanagan asked the Minister for Health if he will deal with a matter (details supplied) regarding the increase in charges at Woodlawn Residential Services, Lusk, County Dublin; and if he will make a statement on the matter. [23503/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Hospitals Building Programme 923. Deputy Finian McGrath asked the Minister for Health the position regarding the new cystic fibrosis unit at Saint Vincent’s Hospital, Dublin 4; and the stage the building is at. [23506/11]

Minister for Health (Deputy James Reilly): I have been advised that the project is on track and within budget, and the completion for service delivery is expected as early as possible in 2012.

Hospital Services 924. Deputy Nicky McFadden asked the Minister for Health the overall budget allocation for Mullingar Regional Hospital, County Westmeath, in 2011; and if he will provide a breakdown of this allocation. [23513/11]

493 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Services 925. Deputy Nicky McFadden asked the Minister for Health the position regarding of MiDoc services in the midlands; his plans to reorganise services and expand services; and if he will make a statement on the matter. [23517/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

926. Deputy Nicky McFadden asked the Minister for Health his views on the implications for Saint Vincent’s Hospital, Athlone, County Westmeath in view of the fact that a residential unit is to be built at Saint Mary’s Care and Rehab Unit, Mullingar, County Westmeath; and if he will make a statement on the matter. [23518/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Mental Health Services 927. Deputy Nicky McFadden asked the Minister for Health the list of the acute psychiatric services available for young persons in counties Longford and Westmeath; and if he will make a statement on the matter. [23530/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter the question has been referred to the HSE for direct reply.

General Medical Services Scheme 928. Deputy Willie O’Dea asked the Minister for Health when legislation for the opening of the GMS card system is going to be implemented in order that all vocationally trained general practitioners can see all patients including public patients under their own name; and the timescale of same. [23538/11]

1008. Deputy Caoimhghín Ó Caoláin asked the Minister for Health his plans to reform the system of entry of general practitioners into the GMS scheme; and if he will make a statement on the matter. [24048/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 928 and 1008 together. The Government has agreed to the preparation of a Bill to eliminate current restrictions on suitably qualified GPs wishing to obtain contracts to treat public patients under the GMS contract. Considerable progress has been made and a further announcement will be made in due course.

Hospital Waiting Lists 929. Deputy Éamon Ó Cuív asked the Minister for Health when a person (details supplied) in County Galway will receive an appointment in Beaumont Hospital, Dublin; and if he will make a statement on the matter. [23541/11]

494 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

930. Deputy John McGuinness asked the Minister for Health further to Parliamentary Ques- tion No. 230 of 25 May 2011, if he will confirm when an operation will be scheduled in respect of a person (details supplied) in County Kilkenny. [23551/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the HSE for direct reply.

931. Deputy John McGuinness asked the Minister for Health if an early outpatient appointment will be arranged in respect of a person (details supplied) in County Kilkenny. [23554/11]

Medical Cards 932. Deputy John McGuinness asked the Minister for Health if a medical card application will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [23560/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

933. Deputy John McGuinness asked the Minister for Health if an application for a medical card will be expedited in respect of a person (details supplied) in County Kilkenny. [23563/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Home Help Service 934. Deputy John McGuinness asked the Minister for Health if additional home help will be approved in respect of a person (details supplied) in County Kilkenny. [23564/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services 935. Deputy John McGuinness asked the Minister for Health further to Parliamentary Ques- tion No. 317 of 20 July 2011 the progress made regarding the orthodontic treatment in respect of persons (details supplied) in County Carlow. [23579/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

Pharmacy Regulations 936. Deputy Patrick O’Donovan asked the Minister for Health the savings he anticipates

495 Questions— 14 September 2011. Written Answers

[Deputy Patrick O’Donovan.] making from the reduced reimbursement price of fridge items under the recently signed financial emergency measures in public interest regulations. [23584/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The Health Pro- fessionals (Reduction of Payments to Community Pharmacy Contractors) Regulations 2011 which were made under section 9 of the Financial Emergency Measures in the Public Interest Act 2009 provide for a reduction in the wholesale mark-up on fridge items from 17.66% to 12%. The anticipated full year saving from this measure is €2,200,000.

Medical Cards 937. Deputy Finian McGrath asked the Minister for Health the position regarding a medical card in respect of a person (details supplied) in Dublin 5. [23591/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

938. Deputy Finian McGrath asked the Minister for Health the position regarding a medical card in respect of a person (details supplied) in Dublin 5. [23592/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 939. Deputy Michael Healy-Rae asked the Minister for Health the position regarding the servicing and repair of hearing aids (details supplied); and if he will make a statement on the matter. [23608/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The HSE’s national hearing aid repair service is based at North Great George’s Street in Dublin. Patients can avail of a walk-in service during office hours, Monday to Friday. Patients may also forward defective hearing aids, by post, direct to the service. Local audiology services use postal services to send hearing aids to the repair service where they are repaired and returned by courier. The majority of postal repairs are completed on the day of receipt and returned direct to the patient by courier. Repairs range from minor to complex fault diagnosis and replacement of electronic components, with consequent re-mapping of amplification settings. The HSE is reviewing the repair system in order to identify and reduce any other system delays.

940. Deputy Finian McGrath asked the Minister for Health the support available to a person (details supplied) in Dublin 3. [23612/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter the question has been referred to the HSE for direct reply.

Medicinal Products 941. Deputy Caoimhghín Ó Caoláin asked the Minister for Health his plans to licence the drug Sativex for use by MS sufferers. [23621/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): Under the Misuse of Drugs Act 1977, the manufacture, production, preparation, sale, supply, distribution and

496 Questions— 14 September 2011. Written Answers possession of cannabis-based medicinal products is unlawful except for the purposes of research. I am aware that claims have been made in respect of the possible health benefits of cannabis- based medicinal products such as Sativex for patients suffering from certain conditions such as Multiple Sclerosis. I am also aware that cannabis-based medicinal products may be legally prescribed in other countries. However, as the law currently stands, it is not possible for cannabis-based medicinal products to be prescribed by a medical practitioner in Ireland. However, my Department is examining the issues associated with applying controls, similar to those that apply to other controlled drugs that can be misused, such as morphine and methadone, to cannabis-based medicinal products to permit them to be prescribed and dispensed in Ireland.

Medical Cards 942. Deputy Bernard J. Durkan asked the Minister for Health when a medical card will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23688/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

943. Deputy Bernard J. Durkan asked the Minister for Health when a medical card will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23689/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred again to the Health Service Executive for direct reply to the Deputy.

944. Deputy Bernard J. Durkan asked the Minister for Health when a medical card will issue in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [23690/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 945. Deputy Bernard J. Durkan asked the Minister for Health the extent of support services available to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23691/11]

Hospital Waiting Lists 946. Deputy Bernard J. Durkan asked the Minister for Health further to Parliamentary Question No. 477 of 19 July 2011, the definition of the soon waiting list for an appointment in the adult rheumatology department, Adelaide and Meath Hospital, Dublin, in the case of a person (details supplied) in County Meath; and if he will make a statement on the matter. [23692/11]

497 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): Clinical prioritisation is a clinical decision and rests with the relevant Consultant in each hospital. This matter therefore has been referred by my Department to the Health Service Executive for direct reply.

General Practitioner Services 947. Deputy Seán Crowe asked the Minister for Health if the out of hours general practitioner service will commence in Tallaght Hospital, Dublin, in October 2011; and the planned opening hours. [23693/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Hospital Staff 948. Deputy Seán Crowe asked the Minister for Health the amount of posts, including management, clinical and consultant posts in Tallaght Hospital, Dublin, that are awaiting Health Service Executive sanction; and the length of time that these posts have been outstanding. [23694/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

949. Deputy Joe Carey asked the Minister for Health when a person (details supplied) in County Clare will be appointed to the position of clinical nurse manager II; and if he will make a statement on the matter. [23699/11]

Minister for Health (Deputy James Reilly): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to recruit, manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Question No. 950 answered with Question No. 829.

Care of the Elderly 951. Deputy Denis Naughten asked the Minister for Health the steps which he is taking to re-instate the fair deal nursing home scheme; and if he will make a statement on the matter. [23706/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The processing of approvals for financial support under the Nursing Homes Support Scheme was suspended for a month from May to June while an examination of funding was being carried out. However, the HSE has been issuing funding approvals again since 13 June. Almost 1,700 people have been allocated funding since that date. The HSE is continuing to process applications within the funding limits available to the scheme and in accordance with the legislation. The HSE intends to deal with those currently awaiting approval within the next 6 weeks.

498 Questions— 14 September 2011. Written Answers

By the end of the year, the HSE intends that any delays in awarding funding will be elimin- ated. The situation will be closely monitored to ensure that funding is allocated as soon as it becomes available. It is anticipated that any delays will be resolved in the final quarter of 2011.

Hospital Waiting Lists 952. Deputy Michael McGrath asked the Minister for Health the position regarding a hospital appointment in respect of a child (details supplied) in County Cork. [23732/11]

Question No. 953 taken with Question No. 879.

Care Services 954. Deputy John McGuinness asked the Minister for Health if a full home care package will be put in place in respect of a person (details supplied) in County Kilkenny; and if he will expedite the matter. [23737/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Services 955. Deputy Robert Troy asked the Minister for Health his plans for the rehabilitation unit at St. Mary’s Hospital, Mullingar, County Westmeath; and if he will make a statement on the matter. [23741/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services 956. Deputy Patrick O’Donovan asked the Minister for Health the number of written and or verbal complaints received by the Health Service Executive regarding treatments and other issues at a hospital (details supplied) during the years 2008, 2009, 2010 and to date in 2011; if he will provide copies of same; and if he will make a statement on the matter. [23753/11]

957. Deputy Patrick O’Donovan asked the Minister for Health the number of persons employed by the Health Service Executive for administrative purposes by a hospital (details supplied) during the years 2008, 2009, 2010 and to date in 2011; and the number of nurses working in the hospital for the same period. [23754/11]

958. Deputy Patrick O’Donovan asked the Minister for Health the total allocated Health Service Executive budget and actual outturns in respect of a hospital during the years 2008, 2009, 2010 and to date in 2011. [23755/11]

Minister for Health (Deputy James Reilly): I intend to answer Questions Nos. 956 to 958, inclusive, together. As these are service matters they have been referred to the HSE for direct reply.

499 Questions— 14 September 2011. Written Answers

Medical Cards 959. Deputy Jack Wall asked the Minister for Health if his attention has been drawn to the fact that medical card holders are being asked for payments in respect of respite care; and if he will make a statement on the matter. [23791/11]

Minister for Health (Deputy James Reilly): The Health (Amendment) Act 2005 and the Health (Charges for In-Patient Services) Regulations 2005, as subsequently amended, provide the legislative basis for charges, and related exemptions, for in-patient services where such services are provided for in excess of 30 days over a 12 month period. The legislation provides for two different classes of person for the purpose of levying a charge. Class 1 refers to persons in receipt of in-patient services on premises where nursing care is provided on a 24 hour basis on those premises. Class 2 refers to persons in receipt of in-patient services where nursing care is not provided on a 24 hour basis on those premises. The current schedule of charges is set out by the Health (Charges for In-Patient Services) (Amendment) Regulations 2011. Under the legislation, the Health Service Executive may waive or reduce the charges to avoid undue financial hardship.

Health Services 960. Deputy Dara Calleary asked the Minister for Health the savings that will result from the decision to close 59 community nursing home beds in County Mayo; if he will confirm that it is the intention to reopen all beds at Belmullet Community Hospital and Aras Deirbhle, Belmullet, in February 2012; and if he will make a statement on the matter. [23805/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Patient Records 961. Deputy Dara Calleary asked the Minister for Health the actions he has taken to ensure the confidentiality of patient records in view of three confidentiality breaches in the Health Service Executive west region during August 2011. [23806/11]

Minister for Health (Deputy James Reilly): The HSE has a management policy in place to deal with breaches in confidentiality in relation to patient records. In the three cases referred to the HSE notified the Data Commissioners Office and are working with that office to prevent a reoccurrence. Where relevant, individuals have been notified of the breach and existing hospital policies have been checked to ensure compliance. All Directors of Nursing have reminded all staff of their responsibilities in line with hospital policy.

Health Services 962. Deputy Dara Calleary asked the Minister for Health if he has satisfied himself with the management of operations at a Health Service Executive facility in the north west (details supplied); and if he will make a statement on the matter. [23807/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Services 963. Deputy Dara Calleary asked the Minister for Health the planned level of investment in Roscommon County Hospital between now and the end of 2011; the investment planned for

500 Questions— 14 September 2011. Written Answers

2012; the areas in which proposed investments will be made; the new staff appointments that will be made to this hospital; if staff will be redeployed to this hospital from other Health Service Executive facilities in HSE West or from any other HSE region; and if he will make a statement on the matter. [23808/11]

Minister for Health (Deputy James Reilly): The HSE’s Capital Programme for 2011 has included in its allocation the development of an Endoscopy Suite, as well as the upgrade of the Hospital Sterile Services Department at Roscommon County Hospital. An interim capital grant of €200,000 is to be drawn down in 2011 to allow an upgrade of the decontamination facilities to progress, while the brief for the remainder of the works is being finalised and agreed. A business case is being drafted to locate the HSE West Regional Rehabilitation Centre, a satellite of the National Rehabilitation Hospital, at Roscommon County Hospital. Elective surgery continues to be provided at the hospital and discussions are ongoing with University Hospital Galway for the transfer of some day surgery services from the UHG site to Roscommon County Hospital. A Plastic surgeon is currently in discussion with the hospital regarding the setting up of a Plastic surgery service at the hospital by mid October 2011. The re-deployment of staff to and from Roscommon County Hospital will be contingent of the level of activity and the type of services delivered at the hospital.

Health Services 964. Deputy Aengus Ó Snodaigh asked the Minister for Health if he will defend the current entitlement under the 1970 Health Act to health services based on need against proposals contained in a report of his Department to restrict that right on the basis of available resources [23816/11]

Minister for Health (Deputy James Reilly): The current basis, under the Health Act 1970, for eligibility for public health services is ordinary residence in Ireland. The Government is embarking on a major reform programme for the health system. The aim of this reform is to deliver a single-tier health service that will deliver equal access to care based on need, not income. This will be achieved by introducing a new universal health insurance system. Resource constraints exist in all health care systems. It is an inherent feature of public health care systems that demand for services will always tend to exceed the supply of services. The challenge for the Government is to reform the current health system to deliver high quality and safe services within available resources.

965. Deputy Aengus Ó Snodaigh asked the Minister for Health his plans to introduce co- payment for home care packages, home help packages, diabetic clinics or warfarin clinics [23817/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The Department of Health, in consultation with the HSE, is currently preparing proposals to ensure that access to community services for older people is provided on a nationally consistent and equitable basis having regard to each person’s care needs and means. This reflects our commitment in the Programme for Government to review financing for community and long term care to support older people to remain at home for as long as possible. Various options are being considered at present and, therefore, it is not possible to provide any further details at the present time.

501 Questions— 14 September 2011. Written Answers

[Deputy Kathleen Lynch.]

While the Department is progressing the issue as quickly as possible, the process has to take account of the complex legal issues involved.

Medical Cards 966. Deputy Aengus Ó Snodaigh asked the Minister for Health his plans to change the eligibility criteria for medical cards in respect of older persons. [23818/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): Eligibility for medical cards is based on means. Under the Health Act 2008, the income thresholds for entitlement to a medical card for persons aged 70 and over is €700(gross) per week (€36,500 per year) for a single person and €1,400 (gross) per week (€73,000 per year) for a couple. I have no plans to change the eligibility criteria at this time.

Health Services 967. Deputy Aengus Ó Snodaigh asked the Minister for Health if he will make the eligibility criteria and needs assessments for home care packages clear and consistent for those who are trying to access these services [23819/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): Government policy is to support older people to live at home and in their communities for as long as possible and, where this is not an option for whatever reason, to support access to high quality long term residential care. Such community based supports, including Home Care Packages, are not a statutory entitlement and are subject to resource limitations. In some cases, where services are approved and funded by the HSE, these may be undertaken by the Executive through a partnership arrangement with non-statutory providers to maximise service delivery. In addition to supporting older people and their families, Home Care Packages are directed at the most vulnerable older people to help relieve pressures on the Acute Hospitals, and Long Term Residential Care systems. Arising from an Evaluation of Home Care Packages published in December 2009, the Department of Health accepted the need for a more standardised approach to the provision of HSE home care services generally. Therefore the HSE, in conjunction with the Department, progressed during 2010 and 2011 various improvements to the planning and delivery of home care provision, including Access and Needs Assessment for Home Care Packages. The HSE Service Plan for this year commits the Executive to developing its model of care to maximise community services to vulnerable older people. The provisions include:- • National Guidelines & Procedures for Standardised Implementation of Home Care Packages; Information relating to Home Care Packages, including an application form, is available now through any HSE Local Health Office or at www.hse.ie • Quality Guidelines for Home Care Support Services for Older People; • National Guidelines for the Home Help Service. In addition, the HSE launched a Public Procurement Framework for Home Care services in October last. The Executive is at present progressing the detail of this Framework, in conjunction with the other measures outlined above, to enhance these services for HSE home care recipients.

502 Questions— 14 September 2011. Written Answers

Our aim, as reflected in the Programme for Government, is that all measures necessary are taken to ensure a clear and consistent approach nationally for people receiving Home Care services.

Care of the Elderly 968. Deputy Aengus Ó Snodaigh asked the Minister for Health if he will, in the development of the national positive ageing strategy, clarify that persons have entitlement to certain essential home and community care supports. [23820/11]

Minister for Health (Deputy James Reilly): The Programme for Government published in March 2011 has committed to completing and implementing the National Positive Ageing Strategy so that older people are recognised, supported and enabled to live independent and full lives. It is being developed within the constraints posed by the present fiscal situation. It is not the intention that it will propose new service developments; rather it will set the direction for future policies, programmes and services for older people in Ireland. It is envisaged that the Strategy will set out a common framework for the development of operational plans by Government Departments clearly setting out their objectives relating to older people, as well as the development of on-going mechanisms designed to monitor progress and identify challenges facing older people in the future. The Government is embarking on a major reform programme for the health system. The aim of this reform is to deliver a single-tier health service that will deliver equal access to care based on need, not income. This will be achieved by introducing a new universal health insurance system. Universal health insurance will guarantee that every citizen has equal access to a comprehensive range of curative services, including both primary and hospital care. The question of entitlement to specific services, including those proposed by the Deputy, and the implementation of the National Positive Ageing Strategy, can only be considered in the context of these wider reforms.

Public Transport 969. Deputy Aengus Ó Snodaigh asked the Minister for Health his plans to improve the availability and affordability of transport links to hospitals and health centres in respect of persons who are not well served by transport options or live in rural areas. [23821/11]

Minister for Health (Deputy James Reilly): The National Ambulance Service (NAS) provides pre-hospital emergency care and emergency and some non-emergency patient transport. Clearly, the priority for the NAS is emergency care, including transporting sick patients between hospitals. The HSE also provides non-urgent transport, using either ambulances or private providers. Non-emergency transport comprises planned inter-hospital transfers and patient transport to and from health facilities. I have been informed by the NAS that the HSE Interim Board has recently approved a new national policy on non-ambulance patient transport services. The key benefits of this policy, in terms of improving equity of access will be; • Nationally consistent eligibility criteria • Standardised decision making on approval • Provision of services within available budgets by ensuring that authorising officers are accountable for the related expenditure

503 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.]

• Involvement of health care professionals in the decision making process • Significant focus on those most in need The new national policy is being implemented and is expected to be fully operational by the end of this year. Scarce resources for emergency transport cannot continue to be expended on non-emergency transport without clear criteria in place, based on clinical need. ere must be a consistent approach across the country instead of the differing practices. The NAS has undergone significant change in order to ensure quality, safety and value for money. In line with other clinical areas, this process is ongoing, as clinical needs and standards develop. I believe that these developments are in the best interests of patients, and that they are a key part of the Government’s work to ensure high quality emergency care. Regarding the affordability of patient transport services, the HSE does not charge patients deemed eligible for the provision of HSE funded services.

Universal Health Insurance 970. Deputy Aengus Ó Snodaigh asked the Minister for Health the timeframe for the publication of the white paper on financing universal health insurance. [23822/11]

Minister for Health (Deputy James Reilly): The Government is embarking on a major reform programme for the health system. The aim of this reform is to deliver a single-tier health service that will ensure equal access to care based on need, not income. While universal health insurance is the ultimate destination of this Government’s reform programme, there are a number of important stepping stones along the way and each of these will play a critical role in improving our health service in advance of the introduction of universal health insurance. Key reform initiatives include the establishment of the Special Delivery Unit, significant strengthening of primary care services to deliver universal primary care with the removal of cost as a barrier to access for patients, the introduction of a more transparent and efficient “Money Follows the Patient” funding mechanism for hospitals and the introduction of a purchaser / provider split, whereby hospitals will be established as independent, not for profit trusts. The Government has recently given approval for an Implementation Group on Universal Health Insurance, details of which are currently being finalised and will be announced in due course. This Group will have responsibility for assisting the Department in preparing a White Paper on Financing Universal Health Insurance which will outline the estimated costs and financing mechanisms associated with the introduction of universal health insurance. The White Paper on Financing Universal Health Insurance will be published within the Government’s current term in office. However, it must be emphasised that the precise cost of universal health insurance will significantly depend on the success of various reform measures, such as those outlined above, over the next 3-4 years. This will influence the development of the White Paper and, as such, it is not possible to be more specific regarding its publication at this stage.

Health Services 971. Deputy John McGuinness asked the Minister for Health further to Parliamentary Ques- tion No. 606 of 5 July 2011, if the Health Service Executive will arrange the respite and other services needed, such as physio, in this case as a matter of urgency; if he will expedite an early response. [23826/11]

504 Questions— 14 September 2011. Written Answers

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has again been referred to the Health Service Executive for direct reply.

972. Deputy Sean Fleming asked the Minister for Health when a person (details supplied) in County Laois will receive a hip replacement operation. [23865/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Nursing Homes Support Scheme 973. Deputy Brendan Griffin asked the Minister for Health when the next funding will be made available for the fair deal nursing home scheme in County Kerry; and if he will make a statement on the matter. [23868/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): Almost 1,700 people have been allocated funding under the Nursing Homes Support Scheme since the 13th June. The HSE is continuing to process applications within the funding limits available to the scheme and in accordance with the legislation. The HSE intends to deal with those currently awaiting approval within the next 6 weeks. By the end of the year, the HSE intends that any delays in awarding funding will be elimin- ated. The situation will be closely monitored to ensure that funding is allocated as soon as it becomes available. It is anticipated that any delays will be resolved in the final quarter of 2011. The legislation requires the HSE to deal with applications in chronological order nationally, not by County. In addition, the legislation encompasses a principle of patient choice, i.e. individuals choose which nursing home they want to go to, subject to the availability of a bed and the ability of the nursing home to meet the individual’s particular care needs.

Hospital Investigations 974. Deputy John McGuinness asked the Minister for Health if he will present a report on his dealings in respect of Tallaght Hospital, Dublin, following the recent intervention by Health Information and Quality Authority; if his attention has been drawn to local concerns in respect of these serious issues; if he will give assurances on this matter; and if he will make a statement on the matter. [23875/11]

Minister for Health (Deputy James Reilly): The Health Information and Quality Authority has initiated a formal investigation into the issues referred to by the Deputy. I do not intend to comment on the matter until HIQA’s report has been completed.

Hospital Staff 975. Deputy John McGuinness asked the Minister for Health if he will raise with the chief executive of the Health Service Executive the question of the HSE appointing a nominee to the board of Adelaide Meath National Children’s Hospital, Tallaght, Dublin; if he will appreciate the strong local demand for such an appointment; and if he will make a statement on the matter. [23876/11]

Minister for Health (Deputy James Reilly): I have raised the issue of the appointment of a HSE nominee to the Board of the Hospital with the Executive and I understand that the matter is under consideration by the HSE at present.

505 Questions— 14 September 2011. Written Answers

Health Services 976. Deputy John McGuinness asked the Minister for Health if he will intervene with the Health Service Executive to ensure that funding continues to be provided for a centre (details supplied) in Dublin 24; if he will note the importance of this service to the local community; and if he will make a statement on the matter. [23877/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Service Staff 977. Deputy Heather Humphreys asked the Minister for Health his plans to introduce a new voluntary redundancy scheme for Health Service Executive staff; and if he will make a statement on the matter. [23888/11]

986. Deputy Olivia Mitchell asked the Minister for Health his plans to introduce a further voluntary redundancy scheme for Health Service Executive staff; when the terms of the scheme are likely to be made available to staff; and if he will make a statement on the matter. [23975/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 977 and 986 together. The Government is committed in line with the Programme for Government to reducing numbers in the Civil/Public Service in the period to 2015, while protecting front-line services as far as possible. A comprehensive review of expenditure is underway to examine all areas where savings and numbers reductions might be identified. The results of this review are expected in the Autumn when the Government will consider its recommendations. There are, however, no plans at this time to introduce a voluntary redundancy/early retirement scheme in the Civil/Public Service.

Nursing Homes Support Scheme 978. Deputy John Browne asked the Minister for Health when an application under the fair deal scheme will be approved in respect of a person (details supplied) in County Wexford will be issued by the Health Service Executive. [23895/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.End of Take Section WRZZ follows.

979. Deputy John Browne asked the Minister for Health the number of persons approved under the fair deal scheme in County Wexford since 1 January 2011; the number of patients in Wexford hospital awaiting approval under the same scheme; the amount of funds available under the fair deal scheme for nursing home patients in County Wexford for the remainder of 2011. [23901/11]

Minister for Health (Deputy James Reilly): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Health Services 980. Deputy Finian McGrath asked the Minister for Health if he will support a matter (details supplied) regarding charges for inpatient services. [23912/11]

506 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): As this is an operational matter relating to an individual, the Deputy’s question has been referred to the HSE for direct reply.

981. Deputy Seán Kenny asked the Minister for Health the number of beds currently closed at Beaumont Hospital, Dublin 9; the reason that these beds are closed; and if he plans to open additional beds at the hospital. [23921/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Health Service Staff 982. Deputy Seán Kenny asked the Minister for Health the number of requests from the Health Service Executive to lift the employment embargo on posts in the public sector; the number of posts that have been approved; and the number of posts that are currently pending. [23922/11]

Minister for Health (Deputy James Reilly): Under the Employment Control Framework for the Health Sector, the HSE has discretion to make exceptions to the general moratorium on recruitment in the public service in order to maintain essential services and to meet priority service change/reorganisation requirements. Such exceptions must of necessity be kept to a minimum so that the targeted employment reductions and consequential payroll savings are met. The HSE has advised that the number of decisions on exceptions to the moratorium in 2011, up to the end of June 2011, was 377 wholetime equivalents (excluding most voluntary hospitals and agencies). In addition the above exceptions, the Employment Control Framework provides that certain grades and posts are exempted from the moratorium, such as social workers, physiotherapists, speech and language therapists and medical consultants. Recently, the HSE made the decision to pause recruitment due to its financial situation. Notwithstanding this pause, exceptions are still being made to address critical service risk.

Ambulance Service 983. Deputy Denis Naughten asked the Minister for Health if he will report on the feasibility study completed on his behalf on the costs and benefits associated with the introduction of a dedicated helicopter emergency medical service; the conclusions of this study; and if he will make a statement on the matter. [23943/11]

Minister for Health (Deputy James Reilly): The NACG is chaired by Dr Cathal O’Donnell of the National Ambulance Service (NAS) and its membership includes the NAS, An Garda Síochána, the Irish Coast Guard, the Air Corps, the Pre-Hospital Emergency Care Council, Crumlin, Temple Street and Beaumont Hospitals and the Departments of Defence and Health. One of the Group’s tasks will be to review aeromedical assets in Ireland and make such recommendations as deemed necessary to my department.Assessment of any potential requirement for a dedicated aeromedical service will take these recommendations into consideration.

984. Deputy Denis Naughten asked the Minister for Health in view of his commitments to Dáil Éireann on 30 June and 5 July 2011, if he has satisfied himself with the ambulance service provided to the people of County Roscommon; and if he will make a statement on the matter. [23944/11]

507 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): The HSE plan implementing the changes to the Emergency Department at Roscommon County Hospital came into effect on 11 July. This saw the establishment of an Urgent Care Centre in place of the Emergency Department. People with acute or life threatening conditions such as heart attacks are being brought by ambulance to larger hospitals, such as Galway, with higher volumes of patients and better outcomes for such conditions. The Urgent Care Centre operates from 8am to 8pm, seven days a week and the service is provided by non-consultant hospital doctors (NCHDs), with clinical governance provided by an emergency medicine consultant at Galway. As part of the transitional arrangements, an NCHD was also available at the Urgent Care Centre from 8pm to 8am for a four week period, supervised by an on call consultant. An enhanced ambulance service has been put in place. During the day, four ambulances staffed by paramedics are available, while three are available at night. In addition, there is a special Rapid Response Vehicle, staffed by advanced paramedics on a twenty four hour, seven day basis. An out of hours GP service is also in operation. A Medical Assessment Unit is open from 9am to 5pm, Monday to Friday. This is a medical admission pathway and accepts referrals from a range of sources, including general practitioners I was briefed on the plan by the HSE in advance of its implementation. The plan was necessitated by the serious patient safety concerns of the HSE and of the Health Information and Quality Authority in relation to the emergency service at Roscommon, following the publication of the Authority’s Report on Mallow. This was compounded because of NCHD recruitment difficulties. Roscommon Hospital has a clear future and will continue to provide key services to the people of the area. I believe that smaller hospitals can and should provide as wide as possible a range of services, close to the local community. The key concern is that they are safe. Too often we have focused on what we are taking away rather than what we can add to services in smaller hospitals. I intend to prepare a framework for the development of smaller hospitals, which will set out how they will develop to reach their full true potential. This will specify what services are transferring to them from the larger hospitals. All of this will be done with full regard to the safety issues highlighted by HIQA, in its reports on Ennis and Mallow Hospitals. When it is implemented, smaller hospitals will have vibrant roles, doing more work — not less — and meeting as many as possible of the needs of their local communities.

Health Services 985. Deputy Tom Fleming asked the Minister for Health if he will address the waiting lists and waiting times in audiology services in County Kerry. [23952/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

Question No. 986 answered with Question No. 977.

Medical Cards 987. Deputy Clare Daly asked the Minister for Health the amount paid by the Health Service Executive to health centres (details supplied) for general medical card services under the primary care reimbursement service for each of the years 2007, 2008, 2009 and 2010; the number of medical card holders registered at each of these clinics in the respective years; and the percentage of the population nationally that are covered by medical cards. [23977/11]

508 Questions— 14 September 2011. Written Answers

Minister of State at the Department of Health (Deputy Róisín Shortall): 36.89% of the national population were covered by medical cards as at 1st August 2011. The other information sought by the Deputy is not provided by the HSE to my Department as a matter of routine. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to address these matters and to have a reply issued directly to the Deputy.

Water Fluoridation 988. Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will abandon his water fluoridation policy in view of the recent opinion of the EU’s scientific committee on health and environmental risks, which found no obvious advantage to water fluoridation as compared to topical application of fluoride, deemed topical application a more efficient measure of preventing caries than water fluoridation, and found potential adverse effects of water fluoridation particularly in children and in view of the excessive costs involved in water fluoridation. [23988/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The report of the EU Scientific Committee on Health and Environmental Risks (SCHER) was published in June of this year. The SCHER report has not made any findings of negative health or environmental effects concerning fluoridation of water. SCHER concluded that water fluoridation is effective in reducing levels of dental decay. Its opinion that the topical delivery of fluoride is more efficient than water fluoridation is not accepted by the European Association of Dental Public Health or by the Irish Expert Body on Fluorides and Health, which monitors new and emerging issues on fluoride and its effects on health and related matters. The SCHER Report also states that a narrow margin exists in children between achieving the beneficial effects of fluoride in reducing dental decay and the potential adverse effect of dental fluorosis. It is true regardless of the source of fluoride, whether from water fluoridation or other sources, such as ingested toothpaste. It should be noted that dental fluorosis is a cosmetic or aesthetic condition which refers to the way teeth look and is generally easy to treat. This is in contrast to the treatment of tooth decay which may on occasion involve the use of general anaesthesia and hospitalisation. The Irish Expert Body on Fluorides and Health advises that the balance of scientific evidence worldwide confirms that water fluoridation, at the optimal level, does not cause any ill effects and continues to be safe and effective in protecting the oral health of all age groups. ere are no plans to discontinue the policy of fluoridation of public water supplies, on which HSE spent approximately €4.78 million in 2010, and which continues to make an effective contribution to oral health in Ireland.

Departmental Bodies 989. Deputy Damien English asked the Minister for Health further to Parliamentary Ques- tion No. 42 of 5 May 2011, the cost in 2009 and the last quarter of 2010 of the involvement of the Office of Tobacco Control in the survey into illicit cigarettes conducted alongside the Revenue Commissioners; if he will detail the qualitative and or quantitative methodology used for this survey; and if he will make a statement on the matter. [23994/11]

Minister for Health (Deputy James Reilly): The information sought by the Deputy is not readily available. However I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.

509 Questions— 14 September 2011. Written Answers

Health Services 990. Deputy Brendan Griffin asked the Minister for Health if he will provide finance to a group (details supplied) in County Kerry; and if he will make a statement on the matter. [23996/11]

Minister for Health (Deputy James Reilly): Under the HSE’s National Cancer Control Prog- ramme (HSE-NCCP), cancer surgery and diagnosis are undergoing a process of consolidation into eight centres (and one satellite centre), while radiation oncology services are provided in a limited number of centres. Consequently, patients may need to travel for treatment. There are a number of systems of support in place for these patients through the Community Welfare Office services and the HSE-NCCP’s Travel2Care Scheme. The HSE is also currently reviewing its policy in relation to eligibility for non-ambulance based transport services in order to ensure that a consistent policy is adopted nationally for these services.

Health Regulations 991. Deputy Anne Ferris asked the Minister for Health his plans to introduce legislation regulating the cosmetic surgery industry; and if he will make a statement on the matter. [24017/11]

Minister for Health (Deputy James Reilly): The regulation of cosmetic surgeons is provided for under the Medical Practitioners Act 2007. Under that Act, medical practitioners, including cosmetic surgeons, who practise medicine in Ireland must be registered with the Medical Council, which has responsibility for the registration of medical practitioners and the regulation of their activities. In addition, my Department is developing legislative proposals to amend the Medical Practitioners Act 2007 to make it mandatory for all medical practitioners engaged in clinical practice to have clinical indemnity cover in place. The new provisions will enable the Medical Council to refuse to grant registration to a medical practitioner who fails to provide certification that he or she has appropriate medical indemnity cover. In a separate initiative, my Department is developing legislative proposals for the licensing of public and private health care providers and licensing of cosmetic surgery is being considered in this context. I would also stress that people who avail of the services of doctors performing cosmetic surgery should ideally discuss this decision in advance with their general practitioners and should endeavour to seek the services of reputable providers. When invasive procedures are being arranged, people would be strongly advised to check that the services are provided by a medical practitioner who is appropriately registered with the Medical Council. Before agreeing to undergo any procedure, people should also ascertain the level of follow-up medical support which will be available to them after surgery.

Irish Blood Transfusion Service 992. Deputy Anne Ferris asked the Minister for Health in view of the EU Commissioner for Health and Consumer Policy’s statement that blanket bans on gay men giving blood is contrary to EU law and in view of the United Kingdom’s decision to reverse its outright ban on gay men giving blood, if he will commit to reversing the ban on gay men giving blood here; and if he will make a statement on the matter. [24020/11]

Minister for Health (Deputy James Reilly): The European Commission recently affirmed that EU Directive 2004/33/EC on certain technical requirements for blood and blood components states that blood establishments in Member States should defer as donors http://ec.europa.eu/commission—2010-2014/dalli/index—en.htm“persons whose sexual behav-

510 Questions— 14 September 2011. Written Answers iour puts them at high risk of acquiring severe infectious diseases that can be transmitted by blood.” The Commission also noted that “‘sexual behaviour’ is not identical with ‘sexual orientation’”. It also noted that Member states are obliged to implement EU Directives in full respect of the EU Charter of Fundamental Rights, and notably of its Article 21 which prohibits discrimination on the ground of sexual orientation. In Ireland, to assure the continued safety of the blood supply, the IBTS currently asks those people who may have a particularly high risk of carrying blood-borne viruses not to give blood. This includes men who have ever had sex with another man / men (MSM). The reason for this exclusion rests on specific sexual behaviour (such as anal and oral sex). There is no exclusion of gay men who have never had sex with a man nor of women who have sex with women. The decision is not based on sexuality or orientation, but on specific actions. The IBTS has a responsibility to ensure that there is a sufficient supply of safe blood to meet the needs of patients. In order to supply blood for transfusion all decisions on donation criteria are based on a review of the evidence bearing in mind the desire of individuals to donate, the safety of the recipient, and the tolerance of society in general of any transfusion related infection occurring. For Ireland, the view of IBTS is that taking all of these aspects into account, a permanent deferral for men with a history of MSM behaviour should remain in place. This and donor deferral policy in general will be kept under constant review. The exclusion of men who have/or had sex with other men (MSM) from donation is based not only on risk factors for HIV but on other blood borne agents known to be associated with MSM behaviour. MSM continue to be over-represented in donors who test positive for blood borne infections. Irish HIV statistics compiled by the National Disease Surveillance Centre show that the number of new cases of HIV in the MSM category comprised roughly 30% of new cases in 2009/2010 (138 out of a total of 395 cases and 134 out of a total of 331 cases in each year respectively) . While there has been a reduction in the number of new cases of HIV, there is a continued rise in the number of new HIV cases among MSM, who are now the majority of new cases of HIV infection in Ireland.

Ministerial Travel 993. Deputy Billy Kelleher asked the Minister for Health if he discussed the SARS epidemic that broke out in China in 2002 during his recent visit to China; and if so, the lessons Ireland can draw from the Chinese response to a serious epidemic. [24026/11]

994. Deputy Billy Kelleher asked the Minister for Health if his recent visit to China was recommended or approved by the Secretary General of his Department. [24027/11]

995. Deputy Billy Kelleher asked the Minister for Health if he will provide a breakdown of the cost of his recent trip to China. [24028/11]

996. Deputy Billy Kelleher asked the Minister for Health if he will provide a detailed itinerary of his recent trip to China. [24029/11]

997. Deputy Billy Kelleher asked the Minister for Health if he will provide a list of all persons and their official positions that travelled to China on during his recent visit there. [24030/11]

998. Deputy Billy Kelleher asked the Minister for Health the benefits that accrued from his recent visit to China. [24031/11]

511 Questions— 14 September 2011. Written Answers

999. Deputy Billy Kelleher asked the Minister for Health if he discussed any potential investment from China into private health care provision here during his recent trip there. [24032/11]

1000. Deputy Billy Kelleher asked the Minister for Health if he raised the topic of the serious health care coverage difficulties, particularly for the 300 million persons without health insurance in the country which China is struggling to cope with, during his trip there. [24033/11]

Minister for Health (Deputy James Reilly): I propose to take Questions Nos. 993 to 1000, inclusive, together. My recent visit to China was to identify and evaluate Chinese interest in investing in healthcare in Ireland and to explore opportunities for Irish health education facilities. The trip also allowed for opportunities to promote the potential for Irish pharmaceutical companies operating in China. As the Deputy appreciates, China represents enormous untapped potential on a range of levels. In particular it seeks investment opportunities and as Minister for Health I was keen to ascertain whether such funding could have value in the Irish healthcare system in areas such as Primary Care. The trip was arranged through the Department of Health and while in China I had the support of officials from the Department of Foreign Affairs, Enterprise Ireland and the IDA. The original outline itinerary is attached at the end of the reply. I also attended a number of other meetings in addition to those listed. One of the additional meetings involved Wison biotechnology and biopharma. The company is the lead producer of vaccines in China. This major company, which is certified by the World Health Organisation, is expanding and has expressed an interest in Ireland. Arising from meetings with the Shanghai Health Bureau and the Zhejiang Health Bureau, an invitation has issued for interested Irish medical schools of general practice to visit both regions. China is developing its primary care services on a major scale. The Jiao Tiang Children’s Hospital, which I visited on the 31st of August is a 500 bed facility due to be expanded to one with 1,000 beds. The hospital carries out a very high number of cardiac operations — in 2010 over 3,000. I discussed a range of matters with senior figures in the hospital. I also met with representatives from the IDA and Enterprise Ireland to discuss opportunities for new and existing companies in China. The discussions also involved companies targeted by the state agencies for investment in Ireland. I had indicated my interest in going to China earlier this year to explore its potential for Irish healthcare. Such a trip does not require the approval of the Secretary General of my department but as I have already indicated the visit was organised through the Department of Health and also involved officials from the Department of Foreign Affairs. I was accompanied by my Parliamentary Assistant Mr Tom O’Leary and by my Private Secretary Mr Darragh Scully. (Mr O’Leary’s wife travelled with the party — meeting her own costs.) Neither the issue of the SARS epidemic nor the issue of health cover formed part of my discussions while in China. You will appreciate that the final costs of the trip cannot be fully identified until all invoices are received, including those from the Department of Foreign Affairs, and all Travel and Sub- sistence forms are certified and paid. Costs identified to date are:

512 Questions— 14 September 2011. Written Answers

€

Cost of Flights (2 Business 1 Economy premium) 7,152 Cost of Hotels 1,613 Gifts 360 Transport * 700 Business lunch and dinner * 584

Total 10,409 * Estimates awaiting invoice from the Department of Foreign Affairs for transport. The lunch and dinner were paid for in local currency and the Euro figure is based on today’s conversion rate.

I can provide the Deputy with the full costs of the trip when all details are available.

Date

Tuesday 30 August Arrival in Shanghai Pudong. Met by Consul-General Austin Gormley. Transfer to hotel. Wednesday 31 August Meeting with Shanghai Health Bureau Lunch with Consul General Visit to Zhangjiang Hi-Tech Park Visit to Jiao Tiang University Children’s Hospital Thursday 1 September Briefing by Consul General and Semi-State Agencies at Consulate Lunch with representatives of Irish Community Organisations — Le Chéile, Irish Chamber of Commerce in China, GAA, hosted by Consul General Visit to Irish Centre Visit to Fosun Pharma Depart Shanghai Arrive Hangzhou Friday 2 September Meeting with Zhejiang Health Bureau Visit to Zhejiang Children’s HospitalMeet with officials from the Hangzhou Chamber of Commerce Saturday 3 September Depart Hangzhou Arrive Shanghai Sunday 4 September Transfer to airport for return to Dublin

Hospital Services 1001. Deputy Billy Kelleher asked the Minister for Health the options the Health Service Executive is reviewing to ensure a hospital (details supplied) in west Dublin remains within its budget. [24040/11]

Minister for Health (Deputy James Reilly): The budgetary situation at Connolly Hospital is being kept under regular review by the HSE which has advised that a number of options are being reviewed in light of the current financial position. These options relate to procurement of all externally sourced services and goods, agency staffing and overtime levels, in-patient, day case and out-patient activity and improved / additional income collection measures to increase private income collection. 513 Questions— 14 September 2011. Written Answers

Hospital Charges 1002. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the savings that will be made if he were to apply charges based on the full economic cost to all use of beds in public and voluntary hospitals in this State for the purposes of private medical practice. [24042/11]

Minister for Health (Deputy James Reilly): My Department has asked the HSE for the detailed information sought by the Deputy and I will be in further communication when it is to hand.

Departmental Expenditure 1003. Deputy Caoimhghín Ó Caoláin asked the Minister for Health his estimate for the savings that will be made from measures to reduce the cost of medicines in our health system, including centralised wholesale distribution of drugs, using lower cost generic drugs and tackling over-prescription and wastage. [24043/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): The Department of Health is not currently considering any proposals regarding the introduction of centralised wholesale distribution of drugs. There have been a range of measures introduced to reduce costs to the State associated with the distribution of drugs to community pharmacies by wholesalers. These include a reduction in the wholesale mark-up paid to community pharmacists from 17.66% to 8% for the majority of drugs reimbursed under the community drugs schemes. There has also been a reduction in the mark-up paid to wholesalers from 17.66% to 10% for the supply of drugs under the High-Tech scheme. Savings under these measures are estimated at approximately €100 million. The Department of Health is finalising the Heads of the Pricing and Supply of Medicines Bill. This legislation will introduce a system of reference pricing and generic substitution for prescribed drugs and medicines. A number of high volume medicines are expected to come off patent in the coming years and this legislation will increase the scope for savings through the greater use of generic medicines. It is expected that the legislation will promote price competition among suppliers and ensure that lower prices are paid for these medicines resulting in significant savings for taxpayers and patients. The HSE is working in partnership with key health professionals to develop pathways for quality prescribing, promoting an extended role of the use of clinical protocols for the delivery of evidence-based prescribing and developing the role of community pharmacists and the introduction of patient-held prescribing records. In addition, the HSE Primary Care Reimbursement Service has introduced an on-line facility for GPs to review and self-audit their individual prescribing practice in comparison with the national average, which has been standardised for the individual GP’s patient profile. I intend to undertake a closer examination of prescribing patterns and I hope to finalise the details of this initiative shortly.

Public Service Pay 1004. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the savings that will be made if the salaries of hospital consultants were to be capped at €150,000 per annum. [24044/11]

Minister for Health (Deputy James Reilly): It is not possible to calculate a precise figure in this regard, as the Deputy has not specified what salary scale or other contractual remuneration arrangements he has in mind. Under the existing contracts, the total cost in 2010 of consultant

514 Questions— 14 September 2011. Written Answers remuneration, including payment for additional attendance and allowances for extra responsibilities but excluding employers’ PRSI, was approximately €470m. If all consultants (who number approximately 2,500) were subject to an absolute cap on public earnings of €150,000, the total cost would amount to approximately €375m.

1005. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the number of Health Service Executive staff on salaries of more than €100,000 per annum; and the savings to be made if all Health Service Executive salaries were capped at €100,000. [24045/11]

Minister for Health (Deputy James Reilly): The number of HSE staff in receipt of salaries of over €100,000 is 2,289. This figure includes medical consultants employed in HSE hospitals. The HSE has estimated that the savings that would be achieved if these salaries were capped at €100,000 would be approximately €153m in total.

1006. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the average salary of hospital consultants under each of the currently operating contracts; and the range of salaries in each. [24046/11]

Minister for Health (Deputy James Reilly): There are currently 2,503 approved medical consultants posts in the public health service. Of these, 146 are academic consultant posts. They number of consultants on each type of contract are as follows:

1997 Contract

Type of Contracts No. of Consultants

Category I — 221 Category II — 175 Geographical Wholetime Consultant without fees — 20

2008 Consultant Contract

Type of Contracts No. of Consultants

Type A — 498 Type B — 1,263 Type B* — 326

The following are the salary ranges applicable to medical consultants working in the public health service under the above contracts.

Consultant Contract 2008 — Salary Scales 2010

Salary ranges w.e.f. 1 Jan 2010

Type A €176,000 — €192,492 Type B €172,865 — €183,562 Type B* €158,997 — €168,266 Academic Consultants Type A €194,122 — €241,539 Type B €184,665 — €237,074 Type B* €176,000 — €219,264

515 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.] Salary ranges w.e.f. 1 Jan 2010

Consultants who remain on the 1997 contract Category I €159,384 — €176,000 Category II €148,798 — €157,708 Academic Consultants Category I €182,789 — €219,633 Category II €164,531 — €210,806

New entrant Pay Scales (applicable to consultants recruited from 1 January 2011)

Contract Type Scale Points 1234

Type A 01/01/2011 €166,010 €168,420 €170,831 €173,243 Type B 01/01/2011 €156,258 €158,338 €158,400 €158,400

New Entrant Academic Consultant pay scales (applicable to consultants recruited from 1 January 2011)

Contract Scale Points 1234 Type

Type A 01/01/2011 €176,533 — €179,518 — €182,484 — €185,450 — €208,488 €211,454 €214,420 €217,385 Type B 01/01/2011 €158,422 — €161,014 — €163,606 -€200,179 €166,199 — €194,995 €197,587 €202,772 Type C 01/01/2011 €146,415 — €149,265 — €152,114 — €154,964 — €176,429 €179,182 €181,935 €184,687

In addition to the salary scales outlined above, consultants are paid overtime for weekend work and are entitled to on-call and call out payments. A Masters allowance is payable to one consultant in each of the three maternity hospitals and the post of Clinical Director also attracts an allowance. I have asked the Health Service Executive to provide the average salary paid to consultants under each of the various contracts and I will revert to the Deputy when that information is to hand.

Hospital Services 1007. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the total number of public hospital beds currently closed; the number per hospital; and if he has a programme for reopening closed hospital beds. [24047/11]

Minister for Health (Deputy James Reilly): The information sought by the Deputy is not readily available. However, I have asked the Health Service Executive to supply this information to me and I will forward it to the Deputy as soon as possible.

Question No. 1008 answered with Question No. 928.

Mental Health Services 1009. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the psoition regarding the ending of admissions to St. Ita’s Hospital, Portrane, County Dublin; the contingencies that 516 Questions— 14 September 2011. Written Answers are in place regarding the patients currently in the hospital; the hospital to which patients in the catchment area will now be admitted; if the stalled works at St. Ita’s Hospital are going ahead; and if he will make a statement on the matter. [24049/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): In accordance with conditions attached by the Mental Health Commission to the approved centre at St Ita’s Hospital, the acute psychiatric units there will close no later than 18 September, 2011. The patients and acute admissions for the catchment area will transfer to approved centres at St Vincent’s Hospital, Fairview and the Psychiatric Unit at Connolly Hospital, Blanchardstown. It is intended to refurbish the existing admissions unit at St. Ita’s Hospital. This work is scheduled to be completed by 31 January, 2012 and the acute services will be resumed from that location in the first quarter of 2012 until the new Acute Psychiatric Unit at Beaumont Hospital is completed and operational.

1010. Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he has a date for the commencement of works on the new psychiatric unit at Beaumont Hospital in Dublin; and if he will make a statement on the matter. [24050/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): A contract has been awarded for the construction of a new Psychiatric Acute Unit at Beaumont Hospital. Prior to actual construction works on the Unit itself it is necessary to undertake a number of preliminary (enabling) works to prepare the site. These are expected to commence by end October 2011 and the construction of the new Unit is planned to be commenced by December 2011 and completed by early 2013.

Hospital Services 1011. Deputy Caoimhghín Ó Caoláin asked the Minister for Health if his attention has been drawn to plans of the Health Service Executive to close 59 public inpatient beds in County Mayo; if he will intervene to prevent these closures and to ensure the provision of resources to allow them to remain open; and if he will make a statement on the matter. [24051/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter, it has been referred to the HSE for direct reply.

Hospital Staff 1012. Deputy Brendan Griffin asked the Minister for Health if, further to Parliamentary Question No. 522 of 19 July 2011, the reason the National Recruitment Service was not notified of any approved staff nurse mental health posts in County Kerry in 2010 and 2011; if nurses placed on a national panel will be prioritised for these positions in future; the reason this has not happened hitherto, even though vacancies were filled; and if he will make a statement on the matter. [24124/11]

517 Questions— 14 September 2011. Written Answers

Medical Cards 1013. Deputy Brendan Griffin asked the Minister for Health the reason a cancer patient (details supplied) in County Kerry will not be granted a medical card; and if he will make a statement on the matter. [24127/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Long-term Illness Scheme 1014. Deputy Gerry Adams asked the Minister for Health if he will consider adding Addis- on’s disease to the long-term illness scheme. [24131/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): There are no plans to extend the list of conditions covered by the Long Term Illness Scheme. However, the terms of the scheme will be reviewed in the context of the Government’s proposals for Universal Health Insurance and free GP care at the point of delivery. Under the Drug Payment Scheme no individual or family pays more than €120 per calendar month towards the cost of approved prescribed medicines. The scheme 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.

Nuclear Power 1015. Deputy Catherine Murphy asked the Minister for Health if all of the information that he has received from the World Health Organisation via the Comprehensive Test Ban Treaty Organisation has been made public; and if he will make a statement on the matter. [24135/11]

Minister for Health (Deputy James Reilly): In the event of this occurring the usual procedure would entail a risk assessment, and based on the outcome of this any risk to public health will be communicated nationally.

Health Service Staff 1016. Deputy Brendan Griffin asked the Minister for Health if he will consider the overtime bill for general and mental health nursing in County Kerry in 2010 and 2011 and decide if it would be more sensible to employ full-time nurses with this budget (details supplied); and if he will make a statement on the matter. [24155/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

Health Services 1017. Deputy Michael Ring asked the Minister for Health the status of an appeal in respect of a person (details supplied) in County Mayo. [24159/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

518 Questions— 14 September 2011. Written Answers

Departmental Expenditure 1018. Deputy Anne Ferris asked the Minister for Health the amount that the Health Service Executive paid out in legal fees to outside lawyers over the past five years; if he will give a breakdown by year; the cost of setting up the HSE legal department; and if he will make a statement on the matter. [24168/11]

Minister for Health (Deputy James Reilly): The Health Service Executive’s legal expenditure consists of four main areas; • Direct Solicitor Services • Counsel • Guardian ad Litem • 3rd Party & Other Costs I have been informed by the Executive that the total expenditure for the past five years (from 2006 to 2010) was €171,241,466. A breakdown of this total by year is shown in table 1 below:

Table 1: HSE Legal Expenditure 2006-2010

2006 2007 2008 2009 2010 Total

€19,141,499 €30,306,353 €36,618,381 €44,576,652 €40,598,581 €171,241,466

In relation to the services of solicitors, a new contracting model was successfully implemented by the Executive on 1st March 2011, following a competitive tender process. The HSE states that this new contracting model is delivering better legal outcomes at a lower legal cost. With regard to the cost of setting up an Office of Legal Services, the HSE estimate that the costs were small as the infrastructure, including office accommodation, was already in place. The recruitment campaign for the posts needed to staff this office was conducted through the Public Appointments Service. An estimated cost of €8,800 was incurred in providing IT related resources to the successful candidates. The pay and non-pay costs of this office are circa €360,000 per annum.

Health Promotion 1019. Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Questions Nos. 627 of 3 May 2011 and 631 of 15 June 2011, the status of the reply from the Health Service Executive. [24172/11]

Minister for Health (Deputy James Reilly): I wish to advise the Deputy that at national level, the governance structure for the SPHE Post Primary Partnership between my Department and the Department of Education is being maintained with the Inter-Departmental Group and the SPHE Management Group. With regards to the Deputy’s question of the 3rd of May last, my Department has asked the HSE — as a matter of urgency — to submit it’s report on this issue — immediately.

Health Services 1020. Deputy Caoimhghín Ó Caoláin asked the Minister for Health when a reply will issue to Parliamentary Question No. 366 of 21 June 2011 when a reply will issue from the Health Service Executive. [24173/11] 519 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): My Department has made enquiries in relation to this matter and has been advised that the National Centre for Medical Genetics (NCMG) accepts blood samples from GP’s for patients at risk of genetic blood disorders.

Services for People with Disabilities 1021. Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Question No. 364 of 21 June 2011, when a reply will issue from the Health Service Execu- tive [24174/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The Health Service Executive have advised my Department that they are collating the information that the Deputy requested on the 21st June 2011. I have asked the HSE to furnish a full response to the Deputy as a matter of urgency.

Hospital Accommodation 1022. Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Questions Nos. 293 and 294 of 20 July 2011, when a reply will issue from the Health Service Executive. [24179/11]

Minister for Health (Deputy James Reilly): Acute bed numbers in public hospitals are coun- ted as an average of beds available over each year, given that the number of beds available in each hospital can vary over any year for operational reasons. The table gives the number of available beds in each hospital for the period.

Average Inpatient Beds Available* 2009 2010

Adelaide & Meath Hospital Inc NCH 534 533 Coombe Women and Infants University Hospital 187 187 Longford/Westmeath Regional Hospital — Mullingar 185 166 Midland Regional Hospital — Portlaoise 140 140 Midland Regional Hospital — Tullamore 192 176 Naas General Hospital 211 203 Our Ladys Children’s Hospital Crumlin 210 185 Temple Street Childrens Hospital 106 100 National Maternity Hospital 151 155 Royal Victoria Eye and Ear 35 46 St. Columcilles Hospital 114 107 St. James Hospital 835 831 St. Lukes Hospital — Dublin 156 154 St. Michaels Hospital Dun Laoire 101 99 St. Vincents Hospital Elm Park 482 482 DML Total 3,639 3,563 Cavan General Hospital 203 228 Louth County Hospital 110 75 Monaghan General Hospital 31 0 Our Lady of Lourdes 288 303 Our Ladys Hospital — Navan 131 115 Beaumont Hospital 635 594 Cappagh Orthopaedic 61 60 Connolly Hospital — Blanchardstown 218 228

520 Questions— 14 September 2011. Written Answers

Average Inpatient Beds Available* 2009 2010

Mater Misericordiae Hospital 572 567 Rotunda Hospital 170 170 St Josephs 34 36

DUBLIN NORTH HOSPITAL GROUP 2,453 2,376

Orthopaedic Hospital — Kilcreene 38 31 South Tipperary General Hospital 215 216 St Lukes Hospital — Kilkenny 259 220 Waterford Regional Hospital 441 465 Wexford General Hospital 210 200 Bantry General Hospital 69 68 Cork University Hospital 500 497 Cork University Maternity Hospital 185 185 Kerry General 261 249 Mallow General Hospital 76 76 Mercy Hospital 204 197 South Infirmary — Victoria Hospital 170 164 St. Marys Hospital — Gurranebraher 90 92

SOUTHERN HOSPITAL GROUP 2,718 2,659

Letterkenny General Hospital 306 309 Mayo General Hospital 271 276 Portiuncula Hospital Ballinasloe 185 173 Roscommon County Hospital 88 81 Sligo General Hospital 270 256 University Hospital Galway 674 623 Ennis General Hospital 54 52 Nenagh General Hospital 52 52 Regional Hospital — Dooradoyle 420 406 Regional Maternity Hospital — Limerick 99 99 Regional Orthopaedic Hospital — Limerick 67 62 St.Johns Hospital — Limerick 73 73

WESTERN HOSPITAL GROUP 2,559 2,461

National Totals 11,369 11,060 * The average number of bed days available by specialty for the reporting period. This should not include day beds and should also be reflective of any bed closures during the reporting period

The total number of acute hospital beds, excluding acute psychiatric beds, is approximately 13,000. This includes in excess of 11,000 inpatient beds at any one time, as well as 1,800 day beds. The exact number of beds available at any one time fluctuates, depending on planned activity levels, maintenance and refurbishment requirements and staff leave arrangements. Beds may also be closed from time to time in order to control expenditure, given the need for every hospital to operate within its allotted budget. The HSE compiles weekly data on acute bed closures. However, hospitals use different criteria for bed closures and the HSE recently decided to audit bed data collection and develop standard criteria. The Executive is at present reviewing the existing methodology for measuring bed closures in acute hospitals in order to ensure that a consistent approach is applied across the public hospital system. 521 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.] The main issue concerns which beds can be reopened and which have been closed for an extended period and are realistically no longer available. The HSE continues to collect data on the existing basis, to monitor national and local trends. New standardised figures are expected to be available by the end of the year. It is important in any case to emphasise that hospital beds represent a service input and are not in themselves a measure of how the system is performing. In recent years there has been a much-increased emphasis on improved efficiency in acute hospitals. In particular, the focus has been on reducing inpatient care activity levels through the provision of more appropriate service responses, delivering a shift to care on a day case basis where appropriate, and on performance improvements such as surgery on the day of admission and reducing inappropriate lengths of stay. Specific targets under these heading are included in the HSE’s 2011 National Service Plan.

Departmental Properties 1023. Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Question No. 696 of 21 July 2011, when a reply will issue from the Health Service Execu- tive. [24180/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): After making further enquiries on the issues raised by the Deputy, my Department has received the following information from the HSE: Since its formation in January 2005 the following Mental Health assets have been sold by the Health Service Executive: • 30 Mount Pleasant Square, Dublin 3 • Adare House, 227 North Circular Road, Dublin 1 • Verville Retreat, Clontarf • 49&60 The Grey Square, Portrane • Land at St. Loman’s, Mullingar • Land at St. Sennan’s, Wexford • Lands at Letterkenny The total value of these sales amounts to €12,155,532. The sale agreement for the lands at St Loman’s is that payment will be made in 3 individual tranches of €1.157m in 2010, 2011 and 2012. The 2010 payment has been received and is included in the above total. In 2009 the Department of Finance agreed that the proceeds of sales of all surplus assets may be reinvested in priority Mental Health projects. In 2009 €25m of additional capital funding was allocated from the proceeds of the sale of assets from 2005 to 2009 previously returned to the exchequer. In the 2010 letter of sanction the HSE was permitted to reinvest the proceeds of the sale of all surplus assets (up to a ceiling of €50m) in the Mental Health Investment Programme. Similarly in 2011 reinvestment up to a ceiling of €15m is permitted.

Year Allocation Funding Realised Expenditure on mental health capital projects

2009 €25m (historical) €25.071m 2010 €50m €3.587m €27.456m 2011 €15m €15m* €42m*

522 Questions— 14 September 2011. Written Answers

*Projected

As can be seen from the table above the HSE’s investment in Mental Health projects is well in excess of the funding generated from the sale of assets and the HSE is committed to this investment programme. Mental Health projects being progressed at present include: • Letterkenny Acute MH Unit — under construction • Beaumont Acute MH Unit — contractor appointed • Limerick Acute MH Unit — tenders received • Cork Child & Adolescent Residential Unit — operational • Galway Child & Adolescent Residential Unit — operational • St Vincent’s Fairview Child & Adolescent Residential Unit — Phase 2 at tender stage • Clonmel MH Residential Unit — under construction • Wexford MH Residential Unit — under construction • St Loman’s Mullingar MH Residential Unit — awaiting Planning Permission • Ballinasloe MH Residential Unit — operational • Inchicore MH PCC — under construction • Ballyfermot MH PCC — under construction • MH Hostels in Wexford, Tipperary, Galway and Dublin are being progressed

Medical Cards 1024. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the reason for the refusal of a medical card application in respect of a person (detail supplied) in County Wexford. [24181/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the Health Service Executive for direct reply to the Deputy.

Health Services 1025. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the status of the home help application in respect of a person (details supplied) in Dublin 15. [24182/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): As this is a service matter it has been referred to the Health Service Executive for direct reply.

Hospital Waiting Lists 1026. Deputy Caoimhghín Ó Caoláin asked the Minister for Health further to Parliamentary Question No. 370 of 5 April 2011, when a person (details supplied) in County Kilkenny will receive their operation [24183/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for direct reply.

Nursing Homes Support Scheme 1027. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the way in which the setting of fees by nursing homes under the nursing home support scheme is monitored; if his

523 Questions— 14 September 2011. Written Answers

[Deputy Caoimhghín Ó Caoláin.] attention has been drawn to the fact that some nursing homes are setting additional service charges on top of the agreed fees and that, in some cases, these charges are for services supposed to be covered by the NHSS, including beds; if any sanction can be taken against such improper charging; if he will clarify the services covered and not covered under the NHSS; and if he will make a statement on the matter. [24184/11]

Minister of State at the Department of Health (Deputy Kathleen Lynch): The National Treatment Purchase Fund (NTPF) has statutory responsibility for the negotiation of prices with private and voluntary nursing homes for the purposes of the Nursing Homes Support Scheme. The NTPF is independent in the performance of this function and, in carrying it out, it must ensure value for money for both the individual and the State. The NTPF negotiates with each nursing home individually and may examine the records and accounts of nursing homes as part of the process. This method of negotiation is necessary in order to ensure that the State obtains the best value for each individual in a nursing home and to comply with competition law. The Nursing Homes Support Scheme provides financial support in respect of the cost of long-term residential care. The services which fall within the scope of long-term residential care are: • nursing and personal care appropriate to the level of care needs of the person, • bed and board, • basic aids and appliances necessary to assist a person with the activities of daily living, and • laundry service. Incontinence wear is provided free of charge by the HSE to all Fair Deal residents within approved nursing homes. A person’s eligibility for other schemes, such as the Medical Card Scheme or the Drugs Payment Scheme, is unaffected by the Nursing Homes Support Scheme. In other words, a person can continue to receive goods and services in accordance with the terms of these other schemes regardless of whether they are in a private nursing home or elsewhere. A person who avails of the Nursing Homes Support Scheme should not be charged any additional fee over and above this agreed price, except where he or she chooses to obtain additional services over and above long-term residential care services, for example, hairdressing or the delivery of daily newspapers. 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 the independent inspection and registration of certain categories of designated centres. This includes residential care settings for older people. Since the 1st July 2009 all nursing homes (public, private and voluntary) are registered under the Health Act 2007 (Registration of Designated Centres for Older People) Regulations 2009, as amended, by the Chief Inspector. All nursing homes are inspected under the Health Act 2007 (Care and Welfare of Residents in Designated Centres for Older People) Regulations 2009, as amended, and must meet the National Quality Standards for Residential Care Settings for Older People in Ireland. Article 28 of the Regulations provides that the registered provider shall agree a contract with the resident within one month of admission and that the contact includes details of the services to be provided and the fees to be charged. The Chief Inspector has the power to refuse to register, attach conditions to a registration or cancel the registration of a designated centre in the event of non-compliance with the regulations or the standards.

524 Questions— 14 September 2011. Written Answers

Personal Injury Awards 1028. Deputy Caoimhghín Ó Caoláin asked the Minister for Health the action he proposes to take arising from the case of Patient A who had a breast cancer diagnosis delayed by 18 months, was one of the women in the cancer misdiagnosis scandal to whom former Minister, Mary Harney, apologised, lodged her compensation claim in 2008 and is still waiting for compensation, the State Claims Agency having only lodged its defence in April 2011; if he will examine alternative, more speedy and less costly ways to award compensation in such cases; and if he will examine the adversarial approach of the State Claims Agency; and if he will make a statement on the matter. [24185/11]

Minister for Health (Deputy James Reilly): Under the National Treasury Management Agency (Amendment) Act, 2000, the management of personal injury and property damage claims against the State and of the underlying risks was delegated to the National Treasury Management Agency (NTMA). When performing these functions, the NTMA is known as the State Claims Agency (SCA). The State Claims Agency therefore deals with actions taken against State agencies, including the HSE, in accordance with the system which has been established. While I appreciate the uncertainty for individuals and their families awaiting closure on their cases through the State Claims Agency, unfortunately the legal process takes time, and I have no role in this process. However, my Department is currently reviewing its overall policy framework in regard to clinical indemnity and a literature review on international models has been commissioned in this regard.

Departmental Statistics 1029. Deputy David Stanton asked the Minister for Health the number of babies born in the Rotunda, Holles Street and Coombe maternity hospitals, Dublin, who required medical intervention for delirium tremens after birth in each of the years 2008, 2009 and 2010 respectively; the action he will take to address this issue; and if he will make a statement on the matter. [24189/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the Health Service Executive for direct reply.

Hospital Staff 1030. Deputy David Stanton asked the Minister for Health in regard to each of the years 2008, 2009 and 2010, if he can provide details of the total number of hospital consultants posts advertised to be filled; the number of such posts which were permanent in nature and included work responsibilities in Health Service Executive hospitals or facilities; the total number of applicants for each of the posts advertised and number interviewed respectively; the total number of posts offered to candidates and the numbers of posts accepted and declined respectively; the total number of hospital consultant posts which are currently vacant and being staffed by locum consultants; and if he will make a statement on the matter. [24192/11]

Minister for Health (Deputy James Reilly): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to recruit, manage and deploy its human resources, including medical consultants, to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department

525 Questions— 14 September 2011. Written Answers

[Deputy James Reilly.] has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services 1031. Deputy David Stanton asked the Minister for Health if he will examine the situation pertaining to a person (details supplied) in County Cork; and if he will make a statement on the matter. [24195/11]

Minister for Health (Deputy James Reilly): As this is a service matter, it has been referred to the HSE for attention and direct reply to the Deputy.

1032. Deputy Bernard J. Durkan asked the Minister for Health if an appointment can be made to assess the need for orthodontic treatment in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24225/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): As this is a service matter it has been referred to the HSE for direct reply.

Departmental Expenditure 1033. Deputy Denis Naughten asked the Minister for Health the number of staff and respective budget of each regulator under his responsibility; and if he will make a statement on the matter. [24231/11]

Minister for Health (Deputy James Reilly): Six of the agencies that come under the remit of my Department perform professional regulatory functions ensuring that complaints against individual practitioners are investigated, competency standards are maintained and patient safety is prioritised. Five of these agencies are entirely self funded through professional membership fees, i.e. An Bord Altranais, the Dental Council, the Medical Council, the Opticians Board and the Pharmaceutical Society of Ireland. The sixth agency, the Health and Social Care Professionals Council is still in start-up phase and has been allocated an amount of €1.925m in 2011. The numbers of staff employed (whole time equivalents) in the six agencies at 30th June 2011 is set out.

Agency Staff numbers (WTE)

An Bord Altranais 40.5 Dental Council 5 Health and Social Care Professional’s Council 7 Medical Council 52.5 Optician’s Board 2 Pharmaceutical Society of Ireland 23.55

Personal Injury Awards 1034. Deputy Caoimhghín Ó Caoláin asked the Minister for Health, further to Parliamentary Question No. 89 of 24 March 2011, if he has decided the mechanism to be used to compensate the woman excluded on age grounds alone from the Lourdes hospital redress scheme; and if he will make a statement on the matter. [24241/11] 526 Questions— 14 September 2011. Written Answers

Minister for Health (Deputy James Reilly): My Department is finalising proposals on this matter at present. Once I have fully reviewed these I intend to expedite a decision on the issue.

Departmental Expenditure 1035. Deputy Pearse Doherty asked the Minister for Health the potential savings to the Exchequer by reducing professional fees paid by the State by 25%. [24284/11]

Minister of State at the Department of Health (Deputy Róisín Shortall): Fees and allowances are paid to a range of health professionals, including general practitioners, pharmacists, den- tists, ophthalmologists, optometrists and dispensing opticians who hold contracts with the HSE, persons providing smear taking services as part of the National Cervical Screening Programme and consultant psychiatrists and other personnel who participate in the Mental Health Tri- bunal process. It is estimated that a 25% reduction in the current fees and allowances payable to the above health professionals would result in a saving of approximately €217 million.

Taxi Regulations 1036. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding the taxi sector; and if he will make a statement on the matter. [22998/11]

1071. Deputy Paul J. Connaughton asked the Minister for Transport, Tourism and Sport if he will amend the legislation for hackney and taxi licence holders to provide information to the Revenue Commissioners in relation to all licences being operated by them to establish whether they are operating them directly; if not, who is, their PPS number and public service vehicle driver’s licence number. [23702/11]

1072. Deputy Paul J. Connaughton asked the Minister for Transport, Tourism and Sport if he will amend the legislation in order that people who have not used their public service vehicle licence in the past 12 months would have their licence put into abeyance in order that a new licence could be issued to someone currently trying to get work; and if he will make a statement on the matter. [23703/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): I propose to take Ques- tions Nos. 1036, 1071 and 1072 together. In my announcements of the 8th and 24th June respectively I have clarified the terms of reference and the membership of the Taxi Regulation Review Group, in line with the commitment in the Programme for Government. The review will enable the necessary further reforms of the sector to allow consumers to have confidence in the taxi system while also ensuring that legitimate and competent operators and drivers can be rewarded fairly by operating under a regulatory framework that is adequately enforced. The issues raised in the above questions are particularly relevant to specific work being undertaken to strengthen licensing systems and enforcement so that we have a licensing regime that can be readily enforced to protect the interest of consumers. Good progress is being made in exploring how current system weaknesses can be tackled as regards safeguarding the good repute and suitability, including tax compliance, of SPSV driver or vehicle licence holders. I am confident that the review will lead to a positive outcome in those key areas.

527 Questions— 14 September 2011. Written Answers

Driving Tests 1037. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport if he will reply to a matter (details supplied) regarding an eye test for over 70 years when applying for their driving licence; and if he will make a statement on the matter. [23090/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): It is standard practice across the EU and internationally for driving licensing laws to provide for routine medical and eyesight reports for older drivers. The cut-off point in Ireland has been fixed at age 70 since these rules were first introduced in 1964. The reason why a medical practitioner rather than an optician is specified is that the level of testing envisaged is meant to pick up not only deterioration in visual acuity but also incipient age-related ocular disease. I appreciate that this involves a cost to individuals, but I believe it is necessary in terms of road safety, and also beneficial to the individuals undergoing these tests. I would also like to point out that a person over the age of 70 is not required to pay a fee to renew their licence. As the fee for a licence to drive a car is currently €85, this represents a significant saving to the applicant. The level of medical costs is, of course, not a matter for my Department.

Road Network 1038. Deputy Robert Troy asked the Minister for Transport, Tourism and Sport if he will consult with the National Roads Authority to provide funding to permit the construction of a link road off the N5 Longford bypass, which is under construction, to access the existing sewerage treatment plant in Longford. [22658/11]

Taxi Regulations 1039. Deputy Ciarán Lynch asked the Minister for Transport, Tourism and Sport the number of taxi plates that are in the control of multiple owners; the incremental breakdown of the numbers; and if he will make a statement on the matter. [22673/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): The regulation of the small public service vehicle (SPSV) sector, including matters relating to multiple licence holders, is a matter for the National Transport Authority (NTA). I have referred the Deputy’s request for information to the NTA for direct reply. Please advise my Office if you do not receive a reply within ten working days.

Departmental Expenditure 1040. Deputy Shane Ross asked the Minister for Transport, Tourism and Sport the amount of money that was spent on taxis by his Department in the past year; the amount of money that has been provided for in the next year for taxi services for his Department; the times that taxis can be used by staff members; the terms under which staff members can use taxis; the amount that was used by staff members; the amount that was used by outsiders; and if he will make a statement on the matter. [22730/11]

528 Questions— 14 September 2011. Written Answers

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The amount spent on taxis by this Department in 2010 was €13,757. The amount of money provided for taxi services in 2011 is included in the overall budget for travel allocated to cost centres throughout the Department. There is no specified allocation for Taxis. Departmental staff members only use taxis during the course of their duties where justified for business reasons. There are no overriding restrictions on the times at which taxis can be availed of. There is no comprehensive record of expenditure on travel used by non-Departmental staff. Such expenditure may arise from time to time such as travel expenses of consultants or others undertaking work on behalf of the Department.

Departmental Programmes 1041. Deputy Joan Collins asked the Minister for Transport, Tourism and Sport if Drimnagh, Dublin, has been included in the smarter travel initiative; and the amount that has been allocated to smarter travel; and the other areas that have been included and supply a breakdown of the moneys allocated to each area. [22819/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): The future of the Programme is being considered in the context of the available budget for 2011 and the National Recovery Plan. The programme is one I believe has considerable merit and although the scope and scale originally envisaged for the scheme is no longer possible given the current fiscal situation, there may be some scope to proceed with a scheme scaled back in size as Smarter Travel Areas have the potential to provide a basis for future evidence based investment in the range of sustainable travel measures.

Integrated Ticketing 1042. Deputy Alan Farrell asked the Minister for Transport, Tourism and Sport his plans for integrated ticketing by transportation companies (details supplied): if he will provide a timeframe for this project; and if he will make a statement on the matter. [22935/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): Responsibility to develop, procure, implement, operate and maintain the integrated ticketing system in the Greater Dublin Area became the function of the National Transport Authority (NTA) with effect from 30th September 2010. I understand from the NTA, however, that good progress is being made on the project and it has now progressed towards the final stage of intensive testing. Luas have completed their developments and are ready to launch. Iarnród Eireann expect to conduct staff tests this month in preparation for full public launch. Intensive testing of Dublin Bus ticketing equipment has highlighted some technical difficulties which are currently being addressed. Developments on behalf of Bus Éireann and private bus operators continue to make good progress and the current programme shows these operations commencing their integration with ITS this year. I am liaising regularly with the NTA to ensure a successful launch and we will assess the results of this phase of testing before initiating a public launch.

Road Safety 1043. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport, in the interest of safety, if he will instruct the National Roads Authority to erect six overhanging

529 Questions— 14 September 2011. Written Answers

[Deputy Michael Healy-Rae.] street lights at the Poulgorm Bridge on the main Killarney to Cork road at the junction of the R569; and if he will make a statement on the matter. [22947/11]

Air Services 1044. Deputy Charlie McConalogue asked the Minister for Transport, Tourism and Sport if he will reinstate the public service obligation agreement regarding the Derry to Dublin flight in view of the designation of Derry city as UK City of Culture 2013; and if he will make a statement on the matter. [22967/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The decision by the previous Government to reduce to two the number of routes covered by public service obligation (PSO) air services was taken in line with the Value for Money Review of the Exchequer Expenditure on the Regional Airports Programme published in January 2011. This review took account of a number of factors including the performance of the services, the requirement to make best use of scarce Exchequer resources as well as improvements in alternative transport modes and changes in EU legislation covering PSO services. It is not my intention to revisit that decision regarding the Derry/Dublin route. The PSO services to Knock, Galway and Sligo were also discontinued earlier this year. I have decided to retain the services to Donegal and Kerry for 3 more years.

Harbours and Piers 1045. Deputy Ann Phelan asked the Minister for Transport, Tourism and Sport the reason the vacancy on New Ross Harbour Board created by the resignation of this Deputy has not been filled despite the fact that Kilkenny County Council nominated a councillor (details supplied) to fill this vacancy; and if he will make a statement on the matter. [22988/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As the Deputy is aware, under the Harbours Act 1996 once she was elected to the Dáil she could no longer serve as a director of New Ross Port Company. In April this year, Kilkenny County Council sought to nominate another Councillor to fill the vacancy on the board. I responded to the Council in May explaining that, due to the changes introduced in the Harbours (Amendment) Act 2009, the Council no longer has the power to nominate directors to the board. These changes were made for a number of reasons, but primarily in order to eliminate any potential conflict of interest between the very different roles of a State company director and a local councillor, particularly when it comes to zoning and planning matters and the conflict that may arise when the interests of the port company are not aligned with the desires and wishes of the community who elected the councillors concerned. A board member’s primary duty must always be to the company and to no other interest. This, of course, does not preclude me from appointing councillors where they have specific skills which are needed on the board, and I am satisfied that any appointee would be able to put the interests of the company ahead of any other concern.

530 Questions— 14 September 2011. Written Answers

The Deputy will also be aware from her time as a director of the company that New Ross Port has suffered declining traffic and turnover for a number of years. The Company has sought to address its difficulties through a number of measures. The board has played its part in reducing costs. A number of years ago the board proposed that the number of directors be reduced to six and it also voluntarily reduced the directors’ fees. The board currently has seven directors, which is considered adequate for the present. Even at that, the board has more members than the company has employees. I also indicated that I have no immediate plans to fill the vacancy, but will keep the matter under consideration.

Sail Training 1046. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport the position regarding the Malcolm Miller ship; and if he will make a statement on the matter. [23056/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Department of Transport, Tourism and Sport does not have a role in the provision of Sail Training. Prior to the sinking of the Asgard II this was a function carried out under the aegis of Coiste an Asgard and the Department of Defence. Given the current fiscal position where significant savings are being sought in both current and capital expenditure from my Department’s allocations, there are no proposals to expand the Department’s role into additional areas such as sail training given the significant additional costs that this would entail.

Rural Transport Services 1047. Deputy Charlie McConalogue asked the Minister for Transport, Tourism and Sport the consideration he will give to allowing the free travel pass that is issued to persons with disabilities to be used on routes operated under the rural transport scheme; and if he will make a statement on the matter. [23058/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): Thirty-six rural community transport groups are being funded under my Department’s Rural Transport Programme (RTP), which is operational in every county and plays an important role in combating rural isolation. These groups are working towards maximising coverage in their operational areas having regard to local public transport service needs and the availability of resources. The Free Travel Scheme of the Department of Social Protection applies to all services operated under the Rural Transport Programme.

Public Transport 1048. Deputy Aengus Ó Snodaigh asked the Minister for Transport, Tourism and Sport the reason Dublin Bus refuses to release on- and off-peak passenger numbers to communities in their consultation processes when they are altering or ending bus routes; and his views on whether the public should have as much information as possible when being consulted about changes to public transport charges. [23111/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The issues raised are a matter for the National Transport Authority (NTA) in conjunction with Dublin Bus. I have referred the Deputy’s question to the NTA for direct reply. Please advise my private office if you do not receive a reply within ten working days.

531 Questions— 14 September 2011. Written Answers

State Airports 1049. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport his views on a matter (details supplied) regarding the Terminal 2 project at Dublin Airport; and if he will make a statement on the matter. [23119/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As issues associated with the construction of Terminal 2 at Dublin airport are the responsibility of the Dublin Airport Authority, I have forwarded the question to the Company for direct reply. I would ask the Deputy to contact my office if he has not received a reply within ten working days.

Swimming Pool Projects 1050. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport if the remaining projects on the swimming pool list are viable projects; if matching funds are available; his views on the possibility of a complete review of those remaining projects; if that would allow further projects to be added to the scheme; if so, the stage when further projects can be added; and if he will make a statement on the matter. [23210/11]

1052. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the swimming pools remaining on the swimming pool list; the stages they are at; the estimated cost of developing same; if matching funds are available; and if he will make a statement on the matter. [23212/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Michael Ring): I propose to take Questions Nos. 1050 and 1052 together. Since 2000, 58 projects have been or are being dealt with under the Local Authority Swim- ming Pool Programme. Of these, 46 have been completed and 4 have passed Tender Report stage, Loughrea, Co. Galway, New Ross, Co. Wexford, Ballybofey, Co. Donegal and Loughlins- town, Co. Dublin. 8 other projects are at various stages of the Programme. 4 projects are at contract documents stage, Buncrana, Co. Donegal, Castlebar, Co. Mayo, Dunmanway, Co. Cork and Clara, Co. Offaly. 3 projects are at Preliminary Report stage, Edenderry, Co. Offaly, Ballaghaderreen, Co. Roscommon and Balbriggan, Co. Dublin. 1 project is at Tender Docu- ment stage, De Paul, Navan Road, Dublin. The Department provides grant aid to local authorities towards the cost of building new pools or refurbishing existing ones. The success of the Programme therefore depends on local authorities’ ability to progress the projects through the various stages. The local authority is then also responsible for building the pool. The viability of the remaining 12 pools in the process is therefore subject to constant review between the local authority and the Department. A measure of the viability of the remaining pools in the current programme can be seen from the fact that already this year the project at Clara has had its Preliminary Report approved, De Paul has had Contract Documents approved and 2 projects (Ballybofey and Loughlinstown) have had Tender Reports approved and the maximum grant of €3.8m allocated allowing construction to commence. It is not intended to add any further projects to the present 12 pools remaining under the current round of the Programme, and no decision has been made in regard to the timing of a new round of the Programme. No project is being delayed on the basis of the Department’s ability to meet its commitments under the Programme and there is sufficient funding in the subhead to meet all commitments arising in 2012. At Tender Report stage, the local authority’s funding package for the project is examined in the Department to ensure that there is sufficient Local Authority matching funds, outside of the grant available from the Department to the Local Authority, to complete the project.

532 Questions— 14 September 2011. Written Answers

Information is set out hereunder in tabular form on the estimated cost of developing the 4 projects out of the remaining 12 in the Programme that have reached Tender Report stage. In the case of the other 8 projects, the information on estimated total cost and grantee matching funds will only become available to the Department when the Tender Report stage is reached.

Local Authority Swimming Pool Programme

Town/City County Est. total cost on Department’s Grantee matching project (includes grant allocation € funds € non eligible cost) €

1 Loughrea Galway 6,669,027 1,700,000 4,969,027 2 New Ross Wexford 6,013,030 3,809,214 2,203,816 3 Ballybofey Donegal 6,147,523 3,809,214 2,338,309 4 Loughlinstown Dublin 6,927,658 3,809,214 3,118,444

Total 25,757,238 13,127,642 12,629,596

1051. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport the swimming pool projects that have been completed under the scheme that was closed to applicants in 2000; the location of these projects; the cost of each project; the amount of matching funds that were provided; and if he will make a statement on the matter. [23211/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Michael Ring): The information sought by the Deputy in relation to the 46 swimming pools completed under the Local Authority Swimming Pool Programme and opened to the public is provided hereunder in tabular form.

Local Authority Swimming Pool Programme

Town/City County Total cost of Grant allocation € Local Authority Project (includes Matching Funds € non eligible cost) €

1 Enniscorthy Wexford 3,555,151 2,693,565 861,586 2 Wicklow Town Wicklow 4,204,482 2,679,147 1,525,335 3 Monaghan Town Monaghan 404,381 380,921 23,460 4 Arklow Wicklow 3,308,751 2,349,015 959,736 5 Navan Meath 5,306,436 3,174,345 2,132,091 6 Ennis Clare 5,713,821 2,920,398 2,793,423 7 Dundalk Town Louth 7,413,413 3,809,214 3,604,199 8 Roscommon Town Roscommon 5,306,108 3,809,214 1,496,894 9 Gorey/Courtown Wexford 6,711,391 3,809,214 2,902,177 10 Ballinasloe Galway 7,280,676 3,809,214 3,471,462 11 Finglas Dublin 21,978,208 3,809,214 18,168,994 12 Tralee Kerry 114,017 86,400 27,617 (Aquadome) 13 Tralee Sports and Kerry 4,406,866 3,809,214 597,652 Leisure Centre 14 Grove Island Limerick 10,186,100 3,809,214 6,376,886 15 Clonmel Tipperary 2,052,418 1,641,934 410,484 16 Churchfield Cork City 8,748,380 3,809,214 4,939,166

533 Questions— 14 September 2011. Written Answers

[Deputy Michael Ring.] Town/City County Total cost of Grant allocation € Local Authority Project (includes Matching Funds € non eligible cost) €

17 Tuam Galway 7,379,206 3,809,214 3,569,992 18 Ballymun Dublin City 19,500,000 3,809,214 15,690,786 19 Cobh Cork County 7,250,000 3,809,214 3,440,786 20 Youghal Cork County 7,826,305 3,809,214 4,017,091 21 Ballyfermot Dublin 20,563,000 3,809,214 16,753,786 22 Drogheda Louth 8,838,000 3,809,214 5,028,786 23 Jobstown South Dublin 17,570,000 3,809,214 13,760,786 24 Letterkenny Donegal 16,800,000 3,809,214 12,990,786 25 Monaghan Town Monaghan 7,350,000 3,809,214 3,540,786 26 Ballybunion Kerry 5,015,398 3,782,896 1,232,502 27 Clondalkin South Dublin 14,380,000 3,809,214 10,570,786 28 Killarney Kerry 12,638,471 3,809,214 8,829,257 29 Askeaton Limerick 4,948,498 3,809,214 1,139,284 30 Portlaoise Laois 10,740,000 3,809,214 6,930,786 31 Portarlington Laois 5,659,752 3,809,214 1,850,538 32 Longford Longford 7,000,000 3,809,214 3,190,786 33 Thurles Tipperary 5,481,000 3,809,214 1,671,786 34 St Michael’s Dublin 4,998,000 3,700,000 1,298,000 House 35 Athy Kildare 6,001,000 3,809,214 2,191,786 36 Birr Offaly 2,270,000 1,498,200 771,800 37 Naas Kildare 9,880,000 3,809,214 6,070,786 38 Kilkenny City Kilkenny 18,600,000 3,809,214 14,790,786 39 Tullamore Offaly 12,800,000 3,809,214 8,990,786 40 Bray Wicklow 11,250,000 3,809,214 7,440,786 41 Greystones Wicklow 17,600,000 3,809,214 13,790,786 42 St Joseph’s School Dublin 300,000 300,000 0 43 Dundrum Dun Laoghaire 11,200,000 3,809,214 7,390,786 Rathdown 44 Claremorris Mayo 7,195,000 3,809,214 3,385,786 45 Roscrea Tipperary 10,300,000 3,809,214 6,490,786 46 Ferrybank, Wexford 5,178,000 3,809,214 1,368,786 Wexford

Overall Totals 393,202,229 154,720,097 238,482,132

Question No. 1052 answered with Question No. 1050.

Driver Training 1053. Deputy Finian McGrath asked the Minister for Transport, Tourism and Sport if he will reconsider the essential driver training scheme due to the fact that there are issues concerning the sponsor’s role under this scheme. [23219/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Last April I introduced the Essential Driver Training (EDT) scheme, which is one component of the Graduated Driver Licensing Scheme (GDLS) developed by the Road Safety Authority (RSA) during 2010. EDT 534 Questions— 14 September 2011. Written Answers means that learner drivers are for the first time required to take a comprehensive series of lessons with Approved Driving Instructors (ADIs) which will cover the entire range of skills necessary for driving. I believe this is a major step forward which will help to improve road safety for all, especially for younger drivers. As part of GDLS, the RSA aims to strengthen the role of the accompanying driver in the learning process. The practice which learner drivers do with a qualified driver — referred to as the sponsor — should be recorded in the log book issued as part of EDT. I am aware of the concerns of ADIs regarding this aspect of EDT. However, the role of the sponsor is not mandatory, beyond the pre-existing rule that learners must not drive unaccompanied. Lessons alone, without practice and experience, will not produce good drivers. Before EDT, learner drivers were not required to undertake any lessons and were gaining their skills by practising with an experienced accompanying driver. Now they will learn driving skills with a qualified ADI and practice them in the company of an experienced driver. The sponsor’s role is simply putting on a regular footing something which was already happening, and should reinforce rather than undermine the mandatory lessons. EDT will be subject to re-evaluation after two years to see what improvements, if any, may be needed to the scheme, and ADIs’ contribution will of course be crucial to this process.

Tachograph Applications 1054. Deputy Michael Healy-Rae asked the Minister for Transport, Tourism and Sport the reason applications for digital tachographs (details supplied) are made to the Road Safety Authority in Loughrea, County Galway, but sent to Belgium for the card itself; and if he will make a statement on the matter. [23233/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the processing of digital tachograph applications. I have referred the Deputy’s question to the Road Safety Authority for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Road Traffic Regulations 1055. Deputy Terence Flanagan asked the Minister for Transport, Tourism and Sport if he will deal with a matter (details supplied) regarding the new Road Traffic Act, which will lower the current blood alcohol limit of 80 mg of alcohol per 100 ml of blood to 50 mg per 100 ml; and if he will make a statement on the matter. [23245/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The new lower blood alcohol limits are contained in the Road Traffic Act 2010. The recommendations to lower the drink driving limits were informed by a number of issues including known driver behaviour, past offending rates, enforcement practicalities, best international practice and analysis of data held by the Medical Bureau of Road Safety. Alcohol, even in small amounts, has well recognised effects on driver capacity. These effects include psychomotor skills, cognitive functioning, choice and simple reaction times, visual function, vigilance, perception as well as a person’s ability to divide attention and absorb information can all be affected by alcohol consumption. By reducing the limits, we will be helping to reduce driver error, the risk of involvement in collisions, deaths and serious injuries as well as the cost to the State.

535 Questions— 14 September 2011. Written Answers

Road Safety 1056. Deputy Catherine Murphy asked the Minister for Transport, Tourism and Sport if a cost benefit analysis has been completed regarding guidance for the control and management of traffic at road works; if so, the outcome of same; and if he will make a statement on the matter. [23284/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): A cost benefit analysis was not undertaken in relation to the document entitled “Guidance for the Control and Man- agement of Traffic at Road Works”. The goal of the guidance document is to provide a safe working environment for road workers and to enable the safe and efficient passage of traffic and other road users through road works sites. It is in line with national and international best practice and also with the most recent Health and Safety legislation.

Departmental Expenditure 1057. Deputy Shane Ross asked the Minister for Transport, Tourism and Sport the amount his Department has spent on taxis for staff and for others in each of the past four years. [23305/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The amount spent by the Department on taxis for staff and others in each of the last four years is as follows:

Year Amount

2007 €41,477 2008 €26,053 2009 €13,183 2010 €13,757

1058. Deputy Shane Ross asked the Minister for Transport, Tourism and Sport the details of spending using departmental credit cards held by staff over the past four years; the numbers of persons in his Department who hold credit cards; the credit limits of said cards; and the amount that was specifically spent by his Department on entertainment provided using said credit cards. [23320/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The spending details of credit cards held by Departmental staff over the past four years is as follows:

Year Amount

2007 €100,436 2008 €83,769 2009 €23,172 2010 €25,701

There are eleven Department staff who hold credit cards. The credit limits range from €3,000 to €12,700. The amount specifically spent on Entertainment is as follows:

536 Questions— 14 September 2011. Written Answers

Year Amount

2007 €4,849 2008 €5,272 2009 €2,696 2010 €158

Sports Capital Programme 1059. Deputy John O’Mahony asked the Minister for Transport, Tourism and Sport, if a club or organisation has been granted funding under the sports capital programme before it was suspended, whether there is a time limit under which funding can be drawn down. [23335/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Michael Ring): The Department operates a “sunset clause” which is notified to each grantee at the time the grant is provisionally allocated. This gives each grantee a period of time (typically fourteen to eighteen months) from the time the grant is allocated to complete a substantial amount of the work. The grantee is also notified at this time that the Department retains the right to withdraw the grant after this date, and without further notice, if the required conditions are not met by the grantee. A reminder letter also issues to the grantee after the “sunset clause” date is reached requesting a written update from the grantee on the status of the grant. The Department makes every effort to assist grantees to drawing down the grant, and grants are only withdrawn with the club’s consent or when it is evident to the Department that there is no realistic prospect of the grant being drawn down within the foreseeable future.

Ministerial Staff 1060. Deputy John O’Mahony asked the Minister for Transport, Tourism and Sport the number of persons employed in each of the private and the constituency offices of his Ministers of State; the annual amount paid in respect of salaries to each office for 2009, 2010 and to date in 2011 in tabular form; and if he will make a statement on the matter. [23350/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Department of Transport, Tourism and Sport was established on 9 March 2011. The numbers of persons employed in each of my Ministers of States’ private offices and constituency offices and the amount paid in respect of salaries since then to date in 2011 is set out in the following tables.

Minister of State Kelly

Office No. of Persons Employed Salary Cost

Private 6 (incl 2 Civilian Drivers) €126,850 Constituency 4 (incl. 2 work sharers) €59,940

Minister of State Ring

Office No. of Persons Employed Salary Cost

Private 6 (incl 2 Civilian Drivers) €114,940 Constituency 4 (1 covering for Maternity leave) €59,700

537 Questions— 14 September 2011. Written Answers

Departmental Staff 1061. Deputy John O’Mahony asked the Minister for Transport, Tourism and Sport the number of special advisers and programme managers in his Department; the annual amount paid in respect of salaries in regard to each such office for each of the years 2009, 2010 and to date in 2011, in tabular form; and if he will make a statement on the matter. [23365/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Department of Transport, Tourism and Sport was established on 9th March 2011. There are two special advisors in my Department. The contract and remuneration is still being finalised in respect of one and the amount paid in respect of the other to date is €31,600.

Ministerial Staff 1062. Deputy John O’Mahony asked the Minister for Transport, Tourism and Sport the number of persons employed in his private offices and constituency offices; the annual amount paid in respect of salaries in regard to each such office for 2009, 2010 and to date in 2011 in tabular format; and if he will make a statement on the matter. [23380/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The Department of Transport, Tourism and Sport was established on 9 March 2011. The numbers of persons employed in my private office and constituency office and the amount paid in respect of salaries to date in 2011 is set out in the following table.

Office No. of Persons Employed Salary Cost

Private 10 (incl 2 Civilian Drivers) €278,000 Constituency 4 €49,125

Departmental Expenditure 1063. Deputy Simon Harris asked the Minister for Transport, Tourism and Sport the budget available to his Department for IT expenditure in 2010 and 2011; the provisions within his Department for the purchasing of IT equipment; the efforts that are being undertaken to ensure value for money and cost reductions in this regard; if there are budgets and procedures in place for the purchasing of IT equipment for each State agency under his remit for 2010 and 2011; and if he will make a statement on the matter. [23453/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The budget approved by the Department of Finance for ICT expenditure in my Department for 2010 was €17.4 million. The actual ICT expenditure for 2010 was €10.3 million. The proposed ICT budget in my Department for 2011 is €9.9 million. All purchases of ICT equipment, regardless of value, are subject to national guidelines and European procurement regulations. There is a continuous effort by my Department to identify and implement savings in the purchasing of ICT equipment. Where appropriate, this Depart- ment uses the ICT framework agreements developed by the Department of Finance for the procurement of common ICT equipment and systems. The pooling of ICT procurement will help ensure competitive responses from suppliers and achieve efficiencies. The State agencies under the remit of my Department have been forwarded a copy of your enquiry relating to their ICT budgets for 2010 and 2011. They have been requested to respond 538 Questions— 14 September 2011. Written Answers to you directly. Please advise my private office if you do not receive a reply within ten working days.

Expenditure Reviews 1064. Deputy Sean Fleming asked the Minister for Transport, Tourism and Sport if he will publish the details of his Department’s submission and all correspondence to the Department of Public Expenditure and Reform for consideration as part of the comprehensive spending review. [23480/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Departmental submissions to the Comprehensive Review of Expenditure (CRE) are a central part of the overall pre-budget deliberations of the Government. As such, release of these documents could not be considered in advance of Government decisions on the forthcoming Budget. The Minister for Public Expenditure and Reform has already indicated that it is his intention to publish the reports submitted as part of the CRE process following the finalisation of the budgetary process.

Road Network 1065. Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport the details of all projects on national secondary roads, either in construction or in planning, funded under Transport 21 in 2011; the details of the expenditure this year; and if he will make a statement on the matter. [23495/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The 2011 National Road Grant allocations were announced in January this year. Details of all projects allocated funding can be found in the 2011 National Road Grant Allocations booklet, a copy of which can be obtained from the Dáil Library.

1066. Deputy Éamon Ó Cuív asked the Minister for Transport, Tourism and Sport the national secondary road projects that will be commencing construction next year; and if he will make a statement on the matter. [23496/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): As Minister for Trans- port, Tourism and Sport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and implementation of individual road projects is a matter for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Within its capital budget, the assessment and prioritisation of individual projects is a matter in the first instance for the NRA in accordance with Section 19 of the Roads Act. As the Deputy is aware, a comprehensive review of capital spending is now underway, the results of which will form the basis of a new National Development Plan. The review will also take account of new funding realities. A major priority will be to ensure funding to protect and maintain investment made to date and to maintain safety standards. No decision will be made on funding projects over the next year until the capital review is complete and my Department’s budget is known. However, the Deputy will be aware that under the 4-Year National Recovery Plan approved by the previous Fianna Fáil Government, there is no provision for the construction of any new national secondary roads projects in 2012, 2013 and 2014.

539 Questions— 14 September 2011. Written Answers

Rail Network 1067. Deputy Nicky McFadden asked the Minister for Transport, Tourism and Sport his plans to reopen the Mullingar to Athlone railway line, County Westmeath; if he will suggest alternative uses for unused railway lines generally; and if he will make a statement on the matter. [23509/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): Matters relating to the re-opening, or alternatives uses for, unused rail lines are a matter for Iarnród Eireann in the first instance. There are currently no plans to re-open the Mullingar to Athlone rail line. The level of funding available for public transport investment from 2012 to 2016 will be dependent on the outcome of the review of capital expenditure which is being overseen by the Minister for Public Expenditure and Reform and is currently underway. This review, which takes place against a background of new funding realities, is examining capital programmes and projects taking account of their overall economic impact and job creation potential. A major consideration for transport investment over the next five years will be the need to prioritise funding to protect investment made to date and to maintain high safety standards. This of necessity will greatly limit any possibility of re-opening unused rail lines. Moreover, I will have to reduce operating subsidies paid to Iarnród Eireann considerably over the next two years which make it impossible to take on any new lines that will not make an operating profit.

Tourist Attractions 1068. Deputy Nicky McFadden asked the Minister for Transport, Tourism and Sport his views on the possibility of utilising the canal path between Mullingar and Dublin as a tourist attraction and for walking tours; and if he will make a statement on the matter. [23521/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The management of inland waterways is a matter for Waterways Ireland, a cross-border body established under the Good Friday Agreement. Matters relating to Waterways Ireland are the responsibility of the Minister for Environment, Community and Local Government. In the context of the development of tourism infrastructure, the matter raised is an operational matter for Fáilte Ireland. I have referred the Deputy’s Question to Fáilte Ireland for direct reply. Please advise my private office if you do not receive a reply within ten working days.

Taxi Regulations 1069. Deputy Brendan Griffin asked the Minister for Transport, Tourism and Sport his plans to relax the nine-year rule for hackney licences; and if he will make a statement on the matter. [23540/11]

Minister of State at the Department of Transport, Tourism and Sport (Deputy Alan Kelly): The regulation of the taxi industry, including matters related to vehicle standards, is a matter for the National Transport Authority (NTA) under the Taxi Regulation Act 2003. The NTA is currently reviewing the small public service vehicle standards and is in the process of undertaking a public consultation on proposed measures this year with a view to advancing new regulations to come into force in early 2012. As part of the review of the taxi sector announced by me on 8 June last, the current NTA examination of appropriate vehicle standards including the nine year rule will be taken into account in the course of the wide ranging issues to be addressed in the review.

540 Questions— 14 September 2011. Written Answers

Driver Licensing 1070. Deputy Bernard J. Durkan asked the Minister for Transport, Tourism and Sport if he will clarify the requirements and standards applicable in respect of certificates in professional competence courses with a view to achieving a consistently higher and reliable standard which will improve road safety; and if he will make a statement on the matter. [23687/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The standards to be met by those wishing to receive Certificates of Professional Competence (CPCs) are set out in the European Communities (Vehicle Driver Certificates of Competence) (No. 2) Regulations of 2008. These Regulations constitute the transposition into Irish law of EU requirements. The CPC regime is one of a range of measures which are aimed at ensuring higher standards of safety on our roads. The Regulations provide for compulsory periodic retraining. Under the Regulations, it is a matter for the Road Safety Authority (RSA) to determine the syllabus to be followed for each category of vehicle during this retraining. I have, therefore, referred the Deputy’s query regarding the requirements and standards of courses to the RSA for direct reply. I would ask the Deputy to contact my office if a reply has not been received within ten days. Given what I have just outlined, I am not in a position to respond further.

Questions Nos. 1071 and 1072 answered with Question No. 1036.

Question No. 1073 withdrawn.

State Airports 1074. Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the amount generated through car parking fees at Dublin Airport in each of the years 2008, 2009 and 2010 and to date in 2011; the items on which the money generated was spent; and the average number of vehicles that use the car park on a weekly basis in each of these years. [23915/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matters referred to by Deputy fall within the day-to-day responsibilities of the Dublin Airport Authority and I have forwarded the question to the Company for direct reply to him. I would ask the Deputy to contact my office if he has not received a reply within ten working days.

Tourism Promotion 1075. Deputy Seán Kenny asked the Minister for Transport, Tourism and Sport the steps being taken in the Asian region to attract tourists here; and the budget allocated to same. [23916/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): The matter raised is an operational one for Tourism Ireland Limited, in the first instance, as the body responsible for promoting the island of Ireland as a tourist destination overseas. I have referred the Deputy’s Question to Tourism Ireland for direct reply. Please advise my private office if you do not receive a reply within ten working days. I would also draw attention to the Visa Waiver Scheme introduced by my colleague Minister for Justice and Equality, Alan Shatter TD, which allows visitors who have entered the UK on a UK general visa to be treated as if they have a visa for the purpose of visiting Ireland. This applies to nationals of 16 countries which currently need short stay tourist visas to enter Ireland for and includes the key Asian markets of India and the People’s Republic of China.

541 Questions— 14 September 2011. Written Answers

Departmental Bodies 1076. Deputy Denis Naughten asked the Minister for Transport, Tourism and Sport the number of staff and the budget of each regulator under his responsibility; and if he will make a statement on the matter. [24230/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): My Department has responsibility for a number of agencies who carry out regulatory functions. These include: — Railway Safety Commission (RSC); — Commission for Aviation Regulation; — National Transport Authority; — Irish Aviation Authority; and — Fáilte Ireland. With the exception of the Commission for Aviation Regulation (CAR), the administration expenses of these agencies are funded or part-funded by the Exchequer. CAR is funded by means of an annual levy on the bodies that it regulates as provided for under the Aviation Regulation Act, 2001. Any surplus/deficit in one year is carried forward and is taken into account when deciding on the levy requirement for subsequent years. Details of staffing and budgets of the agencies can be found in their annual report and accounts. I have requested all the above agencies to provide the information on specific staff numbers and wages costs for 2011 directly to the Deputy.

Professional Fees 1077. Deputy Pearse Doherty asked the Minister for Transport, Tourism and Sport the potential savings to the Exchequer if professional fees paid by the State were reduced by 25% . [24287/11]

Minister for Transport, Tourism and Sport (Deputy Leo Varadkar): In 2010, my Department estimates that it spent approximately €3 million in respect of a range of professional services including for example consultancy services, IT contracting, legal services and general premises maintenance etc. A 25% reduction in fees therefore might be expected to generate savings of the order of €750,000. The amount of Exchequer funds paid out in professional fees by agencies funded by my Department is a matter for the agencies concerned. Therefore, I have referred the Deputy’s question to those agencies for direct reply. If you do not receive a reply from the agencies within ten working days, please contact my private office.

542