Vol. 607 Tuesday, No. 2 11 October 2005

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Tuesday, 11 October 2005.

Business of Da´il……………………………… 297 Ceisteanna—Questions Minister for Education and Science Priority Questions …………………………… 297 Other Questions …………………………… 310 Adjournment Debate Matters …………………………… 335 Leaders’ Questions ……………………………… 336 Requests to move Adjournment of Da´il under Standing Order 31 ……………… 347 Order of Business ……………………………… 349 Railway Safety Bill 2001: Report Stage (resumed)……………………………358 Order for Final Stage …………………………… 429 Fifth Stage ………………………………… 429 Private Members’ Business Irish Ferries: Motion …………………………… 429 Adjournment Debate Consultancy Contracts …………………………… 461 Crime Prevention ……………………………… 464 Adult Education ……………………………… 467 Questions: Written Answers …………………………… 473 297 298

DA´ IL E´ IREANN activities of a school, from the quality of teaching and learning to the availability of extra-curricular ———— activities and the implementation of policies in areas such as bullying and health and safety. The De´ Ma´irt, 11 Deireadh Fo´mhair 2005. inspection process also includes consultation with Tuesday, 11 October 2005. the schools’ board, parents and staff members, and at second level, with the school’s students. ———— These reports can, therefore, provide valuable information on the educational and social oppor- Chuaigh an Leas-Cheann Comhairle i gceannas tunities provided by a school. The comments they ar 2.30 p.m. contain are fully sensitive to the context in which the school operates in a way that is not possible ———— with league tables. Given the breadth of the contents of whole Paidir. school evaluation reports, the publication of these Prayer. and other school inspection reports could go a ———— significant way to addressing the real needs of parents, students, teachers and others for better information on schools. The type of information Business of Da´il. provided will help parents who need accurate and Minister of State at the Department of the balanced information. They also contain valuable Taoiseach (Mr. Kitt): I move: information that will be of interest to schools who may wish to learn from the experience of others. That, notwithstanding anything in Standing I am determined to progress this matter in a Orders, the Da´il shall proceed directly to ques- sensible and responsible way and to ensure that tions for answer by the Minister for Education the views of all the education partners are con- and Science which shall conclude at 4.15 p.m. sidered before the publication process is finalised. today. During the summer, I put in place a mechanism whereby this can take place. The inspectorate of Question put and agreed to. my Department has held no fewer than 20 meet- ings with interested parties over the past month Ceisteanna — Questions. and is preparing draft guidelines for the publi- cation of inspection reports which will be circu- lated shortly to the education partners. Priority Questions. Responses to the draft guidelines will then be sought and a final draft of the proposals will be ———— submitted to me in December. I intend that the publication of school inspec- School Evaluation. tion reports will commence from January 2006 for 1. Ms Enright asked the Minister for Education all inspections carried out from the start of the and Science her proposals for the release of infor- calendar year that year. While I do not want to mation regarding the way in which schools pre-empt the outcome of the consultation pro- operate; and if she will make a statement on the cess, the discussions held to date have been fruit- matter. [27796/05] ful and constructive. Each of the partners realises the need to address the information deficit that Minister for Education and Science (Ms exists at present in terms of ensuring full public Hanafin): As the Deputy will be aware, I am access to balanced information on schools. This is determined to provide more information, for especially important to those like myself who are parents in particular, about our schools in a way opposed to the publication of league tables based that ensures a fair and comprehensive picture of on results and want to find a better way. I am all the different activities in a school. As I said confident the considered and responsible on many occasions, I am strongly opposed to the approach we are taking to the publication of publication of crude league tables based solely on inspection reports will lead to much greater avail- examination or test results. Such tables provide ability of information on schools without inadver- an unbalanced and grossly limited indication of a tently pitting schools serving entirely different school’s performance. communities against each other in crude compari- In contrast to school league tables, school sons of academic performance alone. inspection reports from whole school evaluations and other inspections, when read in their entirety, Ms Enright: I welcome the progress that will be can provide balanced and well-informed infor- made by January 2006. The Minister referred to mation on schools. The whole school evaluation whole school evaluation and other reports. What process involves an examination of all the varied does she mean by “other reports”? How far does 299 Priority 11 October 2005. Questions 300

[Ms Enright.] of the various reports so that a positive envir- she intend to go with whole school evaluation onment can be created for them to give their reports? I acknowledge what they will contain but opinions on what is happening as distinct from I am concerned parents will not be given a clear publishing anonymous ratings on a website? enough picture. Information about the ethos of a school and boards of management should be Ms Hanafin: One of the central parts of the included. Witnesses attending the Oireachtas whole school evaluation of second level schools Joint Committee on Education and Science high- is the involvement of students, who will meet lighted difficulties parents faced in obtaining inspectors and fully participate in the process. information from boards of management. I sup- This reinforces the fact it is a whole school eval- port the concept of whole school reports, as uation because it involves everybody. I look for- everything will be open, but it is important that ward to the valuable process that will commence parents should have access to all information, in January. including details of results in schools to which they may send their children. I agree that crude School Transport. league tables should not be developed but infor- mation about everything in a school cannot be 2. Ms O’Sullivan asked the Minister for Edu- given to parents if one of the core parts of edu- cation and Science if she will establish a com- cation, the examination process, is ignored. mission to review catchment boundaries for school transport in view of the huge demographic Ms Hanafin: Whole school evaluation and sub- changes that have taken place since these bound- ject inspection reports will be published. A sig- aries were put in place in the 1960s; and if she will make a statement on the matter. [28018/05] nificant number of subject inspection reports take place each year whereby all the teachers are 3. Mr. Gogarty asked the Minister for Edu- inspected. These reports will be published, as will cation and Science if, in the wake of recent com- thematic inspection reports on, for example, Gae- ments at the Joint Committee on Education and ilge, English and mathematics in the primary cur- Science, she will carry out a full review of school riculum. The chief inspector’s report referred to bus catchment areas and boundaries; if she will these topics this year. Composite reports will also make a decision in terms of recommendations be published, for example, on Gaeilge in the made as a result of such a review in view of the second level curriculum. These reports will give fact that no full review has been made since 1969 us a broad view of individual schools and the and that children are still without seats in several teaching of subjects throughout the system. parts of the country following the welcome end- I appreciate the Deputy’s comments on school ing of the three for two scheme; the effects the ethos and boards of management but the reports short timeframe has had on thousands of parents take account of the context of the school, which in planning school transport for their children in comprises not only its geographic environment or August and early September 2005; and if she will catchment but also the ethos and the situation in make a statement on the matter. [27754/05] which it is working. Many schools are good at issuing brochures and general information that Minister of State at the Department of Edu- captures that. However, they do not issue infor- cation and Science (Miss de Valera): I propose to mation that will be contained in the whole school take Questions Nos. 2 and 3 together. evaluation reports. The Deputy commented pre- Catchment boundaries have their origins in the viously about the publication of results. It would establishment of free post-primary education in be naive to expect that we would not end up with the late 1960s and were determined following league tables based on results if schools were to consultation with local educational interests. For publish their results but schools have become planning purposes, the country was divided into open in their dealings with parents and parents, geographic districts, each with several primary rightly, are demanding of schools regarding the schools feeding into a post-primary centre with information they provide. I hope, by going down one or more post-primary schools. The intention this road with the Department providing the was and continues to be that these defined dis- information it has nationally, which is profession- tricts facilitate the orderly planning of school pro- ally compiled in conjunction with schools, the vision and accommodation needs. They also schools will be encouraged to provide extra infor- facilitate the provision of a national school trans- mation of value to parents. They should not, port service, enabling children from remote areas however, provide information on results. to access their nearest schools. I do not propose to hold a general country- Ms Enright: There are ways and means to wide review of catchment boundaries. A review prevent the publication of crude league tables. of specific catchment boundaries in particular However, I refer to the “rate my teacher” fiasco areas can, however, be appropriate in certain cir- earlier this year. Has the Minister considered giv- cumstances. A number of these has been carried ing a role and a say to students in the publication out over the years where, for example, a new 301 Priority 11 October 2005. Questions 302 post-primary school is established in an area ficient places within the city. I put it to the Mini- where previously there was none or where a sole ster of State that many of these places are being provider school closes due to declining taken by children who live outside the city’s enrolment. catchment boundary. I ask that the situation in The area development planning initiative, Pallaskenry be reviewed. involving an extensive consultative process car- ried out by the commission on school accommo- Mr. Gogarty: I concur with the comments of dation, will also inform future revisions to catch- my colleague, Deputy O’Sullivan, with regard to ment areas. An area development plan takes Pallaskenry. I will not go over old ground because account of demographic changes and projects of time constraints. I hope that following the future enrolments for existing schools and new meeting this matter will be resolved. I ask the schools if required. Catchment boundary changes Minister and Minister of State to make them- will be made where the implementation of the selves aware of other situations throughout the recommendations in an area development plan country. While it appears nothing will be done for requires such adjustments. this year, the possibility of doing something next Catchment boundaries have provided and con- year must be examined. tinue to provide a very useful tool in facilitating The Minister said that where school closures the orderly planning of school provision and arise they will be examined and dealt with. In accommodation needs and the operation of the 1969, men were sent to the moon with less com- national school transport service. puter power than I have in my phone, and there With regard to the phasing out of three for two has been much tinkering with computers since seating arrangements, Bus E´ ireann has indicated then. The Minister said that while she would not that only 31 out of a total of 2,500 post-primary necessarily make any changes on the basis of new services are now operating on the basis of a seat- school populations or people wanting more ing capacity in excess of one for one. This rep- choice, she did acknowledge the possibility that resents rapid progress and the end of term dead- she could make changes following a full scale line for full implementation should be met. At review. Will the Minister carry out a review with primary level, I expect that one for one seating a view to making her own decision on it? There arrangements will be in place by December 2006. is no harm in carrying out a review, the first since 1969. She is in Government and can decide to Ms O’Sullivan: I am disappointed the Minister disregard any report but such a review is crucial of State has refused to carry out a full catchment at this stage. boundary review in view of the fact that bound- aries were established in the 1960s and that sig- Miss de Valera: To answer Deputy Gogarty’s nificant demographic changes have subsequently questions first, I am a little confused by his ques- taken place. There is neither rhyme nor reason to tions because I made it clear in the Joint Commit- many of the catchment boundaries currently in tee on Education and Science the week before existence. In terms of population, some areas last that I would not initiate a general review of have grown enormously since the 1960s but there the catchment boundaries. People may say that have been no changes to their catchment bound- such boundaries were introduced in the 1960s aries. The entire system is a monument to ad hoc when times were very different and that a change provisions. I ask her to review her decision on was needed but we must examine the reasons for the matter. their implementation. I have raised the specific concerns of The boundaries were implemented because of Pallaskenry, County Limerick on a number of the introduction of a very different education occasions. I thank the Minister and the Minister system where post-primary education was avail- of State for organising a meeting between parents able to all but it also refers very much today in and representatives of the Department last that these boundaries are in place to ensure there Friday. Was any decision made subsequent to the is a proper strategic approach to planning and meeting, which lasted for approximately three accommodation throughout the country when it hours? What is the status of the letter sent by the comes to school buildings. In terms of school Department in 2001 that explained that the status transport, therefore, people may believe that quo would remain and the bus would continue changes in boundaries might alleviate some prob- to come from the city side until the catchment lems that may exist but many more Members boundaries were changed? would complain of difficulties with people not I have before me a list of feeder schools to a being eligible under the new system. Obviously it Limerick city school which comprises a greater would have consequences for any change but the number of schools from without the city’s catch- main reason for having the boundaries in the first ment boundary than from within. Feeder schools place is to ensure proper school planning and are located in Counties Clare, Tipperary and accommodation. Limerick. A statement was made that the school We must ensure also that the boundaries pro- bus is being discontinued because there are suf- tect declining schools, so to speak, as well as rural 303 Priority 11 October 2005. Questions 304

[Miss de Valera.] available decide who will and will not suffer. The schools because if poaching were allowed to system is patently unfair and does not take cogni- occur in those situations, we would see the sance of the society in which we live. decline of certain schools. The boundaries exist to protect those schools in both rural and urban Miss de Valera: I disagree with the Deputy’s areas. The question of teachers also arises. These views. He used the word “panic”. There was cer- boundaries are in place to ensure we have the tainly unnecessary reaction but I do not blame right teachers and the correct structures for edu- the parents for that. Much of it was politically cation. That is the reason I do not propose to whipped up because these false rumours—— change the boundaries system at present. Deputy O’Sullivan referred to demographic Ms O’Sullivan: That is not true. changes but as I explained to her in the joint com- mittee, certain changes have been made with Mr. Gogarty: That is not fair. regard to the demographics and all the other issues to allow for the provision of new schools Miss de Valera: This happens every year or the closure of others in exceptional circum- because it takes time for the eligible pupils to stances. That provision is not ad hoc. If we did apply for, and receive, their tickets. There are eli- not have such a system we would descend into an gible pupils who have yet to apply for their tick- ad hoc situation and neither I nor the Deputy ets. Until we know the exact position, the catch- would want that. ment areas, including the catchment boundary With regard to the question of Pallaskenry, I pupils, cannot be facilitated because they are con- had the opportunity of answering that question cessionary pupils. The eligible pupils must be last year and also the week before last on the facilitated first. Adjournment. I have also answered many ques- The only difference between this year and last tions that were put to me by Deputy O’Sullivan year is that we accommodated a situation and and others in the committee and my decision on very quickly improved the seating arrangements that matter stands. There is no reason to extend on buses in order to have a one for one arrange- the debate on that matter because my decision ment. No matter how people view that change, is made. everyone in this House believes it was a priority. It seems to surprise Members on the other side Ms O’Sullivan: To return to the question of ad of the House that this is being done quickly. hoc provision, I will give an example from my The catchment boundaries are not ad hoc. area. Many of the children coming from areas They exist to ensure there is a strategic approach outside the Limerick city catchment have bus to school accommodation and the provision of tickets. The same must be true in other parts of teachers. It is most important that we take that the country. The transport liaison officer in each into account. There have been certain changes on county makes these decisions in which many catchment boundaries, as I have explained, with parents see no logic. They do not know why one regard to new schools or where schools have child receives a ticket and another does not. closed. This problem will be worse next year. I urge There was an interesting example of this in the Minister of State to consider the question County Wicklow. In September 2003 Kilcoole again. It has caused much trauma this year and opened as a sole provider for the area of Kil- will cause more next year. coole-Newtownmountkennedy and environs. The What is the status of the letter of 2001 to Sale- level of accommodation provided was based on sian college, Pallaskenry, to the effect that the the projected enrolment, and primary schools status quo would prevail until the catchment within revised catchment areas. Discussions took boundaries were reviewed? place with other post-primary schools in determining the provision. It was decided to con- Mr. Gogarty: The Department of Education tinue to provide transport only to pupils who had and Science ruined the summer holidays of many already commenced post-primary education. parents and children. Parents in Limerick, That is happening already in Pallaskenry Galway, Sligo and other parts of the country now because I have allowed it as a particular con- have to drive a child in a car, and chasing a bus. cession to that school. The Minister of State says there is no need to change the system that exists to protect a certain Garda Vetting Procedures. status quo. Between the 1970s and 1990s new edu- cation models were introduced, including educate 4. Ms Enright asked the Minister for Education together, Gaelscoileanna, and community and Science when a register of persons con- colleges, which changed the educational system. sidered unsafe to work with children and vulner- Rather than stick plasters here and there, the able adults will be established; when all personnel Minister of State needs to take a holistic with access to children and vulnerable adults in approach to the system, then based on the finance the education system will be subject to vetting by 305 Priority 11 October 2005. Questions 306 the Garda central vetting unit; and if she will and Children is carefully considering the best way make a statement on the matter. [27797/05] forward in that respect.

Ms Hanafin: Ensuring the protection, health Ms Enright: The Minister has said this is a key and welfare of children is a key concern for the concern for the Government. However, it has not Government, for parents, for agencies that work taken any action to show that. She stated that a with children and for society generally and I working group is examining this issue, but last assure the Deputy that the Government is deter- year another working group reported on the same mined to do all that we can to keep our children issue. Is this working group in addition to the and vulnerable adults safe. last one? In improving our child protection procedures, I accept that the Minister of State at the the Government has focused on extending the Department of Education and Science, Deputy capacity of the Garda vetting unit to ensure Brian Lenihan, announced almost a year ago that greater availability of vetting checks for he would double the staff of the central vetting employers who want to check the background of unit, but they have still not come on stream. I am prospective employees. sure the Minister is aware that a convicted sex While the Department of Justice, Equality and offender operated as a school bus driver in Law Reform has primary responsibility for Garda County Laois this year. What checks has her vetting, I am happy to outline the progress being Department and she carried out to ensure that made in the expansion of the service. the same thing is not happening elsewhere? That My colleague Deputy Brian Lenihan, Minister is the most important point. of State with special responsibility for children at When does the Minister intend to make the the Department of Justice, Equality and Law necessary legislative changes to ensure that we Reform, has already announced a doubling of the establish a register of persons considered unsafe number of staff employed in the unit to ensure to work with children? They are still listed in they can handle a greater volume of requests section C of the legislative programme. I accept from employers. The unit will commence the aug- the Minister’s point, which I also made in the mentation of its existing vetting arrangements House when Fine Gael debated this issue two upon decentralisation targeted for mid-Nov- years ago this December. We were told that pro- ember this year. The provision of additional staff gress was being made. We are very close to the resources will enable the Garda Sı´ocha´na’s vet- second anniversary of that debate, which sadly ting services to be extended to all persons work- coincided with the case of Holly Wells and Jessica ing with children and vulnerable adults, including Chapman in England. Unfortunately, the Mini- teachers and caretakers. ster has yet to take this issue seriously and ensure In the education sector, vetting is currently that something of that sort could not happen available in respect of requests for clearance from here. I ask her to outline to the House when she my Department regarding bus escorts and special intends to prioritise those issues. needs assistants provided to children, and to staff working in children’s detention schools. Ms Hanafin: The difference between the two It is worth pointing out that, irrespective of working groups was that the first set out recom- whatever additional arrangements may be intro- mendations, and the second is deciding how to duced in this area in future, criminal record implement them. It is very much an action group, checks, while in the appropriate circumstances being chaired by the Garda Sı´ocha´na, and has being capable of making a significant contri- representatives of the Departments of Justice, bution to ensuring that unsuitable persons do not Equality and Law Reform, Education and secure positions of trust, are not the sole answer Science and Finance, as well as the Office of the to ensuring applicants’ suitability for posts. Attorney General and the chief executive officer There will continue to be a particular onus of of the ISPCC. It is targeted at implementation. care on employers to maintain good employment The decision was taken on the recommend- practice, both during the recruitment stage, for ation of the working group to go ahead with example, good interviewing practice and checking doubling the numbers of staff employed by the references, and to ensure adequate supervision vetting unit. That was a very practical way of arrangements after recruitment. ensuring that people could get the clearance. That The issue of establishing a non-Garda, employ- will occur from mid November and will offer a ment-related vetting register to provide infor- service to children and other vulnerable groups. mation on those previously dismissed, suspended, Like the Deputy, I was appalled at what hap- moved or made redundant from posts for harm- pened in Laois, where it was reported a convicted ing children or vulnerable adults in the health and sex offender operated as a school bus driver. We education sectors is also being considered. A understand that the private contractor changed working group made up of representatives from the driver on the service without informing Bus the Departments of Education and Science, E´ ireann, something that it is required to do under Justice, Equality and Law Reform and Health the terms of its contract. Bus E´ ireann immedi- 307 Priority 11 October 2005. Questions 308

[Ms Hanafin.] Miss de Valera: I am aware of the case referred ately rectified the situation. Not only was the to by the Deputy. A report on the circumstances driver immediately withdrawn from the service, of the case has been requested from Bus E´ ireann, but the contract with the firm concerned was also which organises the school transport scheme on terminated. The action taken proves that the chil- behalf of my Department. When this report has dren’s safety is the priority. been received, the Department will advise the The legislation regarding a register was always Deputy of the position. designed to be implemented on a cross-Border In regard to the general administration of the basis so that it would cover the entire island, school transport scheme, Bus E´ ireann issues tick- owing to the movement of people ets or travel permits to pupils who have been 3 o’clock from one jurisdiction to another. approved for transport on a service. In addition This is the way it should progress to specifying the pupil’s name, the pick-up and because that hiatus remains in our cross-Border set-down point and the period of validity, the per- working arrangements. mit specifies that pupils must carry tickets at all times when travelling to and from school. In Ms Enright: The system in place in Northern addition, the invoice issued by Bus E´ ireann in Ireland is effective. The authorities there have respect of tickets specifies that only those pupils not allowed the inadequacies of the system in the in possession of a valid permit will be carried on South to delay them in implementing devel- a transport service. In line with transport systems opments in this regard. in general, this is deemed to be the most appro- priate method of identification and allows drivers Ms Hanafin: Our aim is to establish a register and other personnel to control travel and regu- that will cover both jurisdictions. Progress can be late loadings. made in this regard when the Northern Ireland I am advised by Bus E´ ireann that listings of system is back on track and a full working pupils who have been issued with tickets for the relationship between authorities on both parts of current term will be issued to bus operators in the island is restored. In the meantime, the vet- mid October. Such an arrangement is not possible ting unit will be doubled in size and will be cap- in the case of pupils who avail of scheduled public able of vetting increased numbers. transport services. The issue of listings at an earl- ier date is not possible due to the number of late Ms Enright: The Northern Ireland system is applications and late payments received in school very much on track. It may not function on an transport offices throughout the country. It would all-island basis but it is unfair to suggest it is not be of little benefit issuing such lists until Bus on track. The Minister has not answered one of E´ ireann is satisfied the vast bulk of tickets have my questions. Has she instructed all bus operators been issued and that the listing represents a true to ensure that the situation which arose in Laois reflection of all pupils who are authorised to cannot recur elsewhere? travel. More than 134,000 pupils are carried by in Ms Hanafin: One hopes it cannot recur but we excess of 3,000 vehicles under my Department’s are dealing with a situation involving a number school transport scheme. In view of the recent of bus companies, private contractors and large focus on safety measures for school transport and numbers of individual drivers. The important the obvious administrative burden in operating a issue is that Bus E´ ireann will, on our behalf, scheme of this size, the Deputy will appreciate ensure the correct procedures are put in place. the importance of ensuring only those pupils who Where issues have come to light, the company have been approved transport can avail of the has dealt with them efficiently. service and that additional pupils who may I did not mean to imply that the system in compromise safety measures are not carried. Northern Ireland is not working well. My point is that cross-Border co-operation in this regard is Mr. Crowe: I thank the Minister of State for not effective. Progress will be made on this when her reply. A situation whereby a child is left on the cross-Border bodies are functional once the side of the road, with the consequent risks more. to his or her safety, is tantamount to criminality, according to the headmaster of Ramsgrange com- munity school. When does the Minister of State School Transport. expect the report on this incident to be pub- 5. Mr. Crowe asked the Minister for Education lished? I presume she does not have the details and Science the steps she has taken to prevent of this particular case but the point of major con- another child being left on the side of the road, as cern for parents is that a child should be aban- happened recently in New Ross and was reported doned on a roadside. According to media reports, widely in the media, due to Bus E´ ireann’s policy the driver knew that the child in question had a of no ticket, no travel. [27828/05] ticket but had forgotten it that morning. 309 Other 11 October 2005. Questions 310

What assurances can the Minister of State give Other Questions. parents that this will not happen again? The school transport scheme caters for more than ———— 130,000 children but we must focus on those cases in which problems have arisen. When will the Third Level Fees. report on this incident be available? What assur- ances can the Minister of State give parents who 6. Mr. Allen asked the Minister for Education leave their children to the bus that they will actu- and Science if a new third level funding authority ally get on the bus? Is there any assurance that will be established with responsibility for such an incident will not happen again? Has the institutes of technology as well as universities; and if she will make a statement on the Minister of State met Bus E´ ireann on this case matter. [27542/05] and laid down a marker for the future that no child should be left on the side of the road? Ms Hanafin: As the Deputy will be aware, the Parents have enough concerns about their chil- Government has approved the drafting of the dren going to school without this extra concerns. institutes of technology Bill to transfer responsi- I was contacted by a number of families who were bility for the day-to-day management of the concerned the same would happen to their child. institutes of technology sector from my Depart- ment to a reconstituted Higher Education Auth- Miss de Valera: I understand the Deputy’s con- ority. This will facilitate the gradual devolution to cern and am aware of the case. I look forward the institutes of technology of greater academic ´ to hearing from Bus Eireann when its report is and managerial autonomy. This is in line with to hand. both the recommendations of the OECD review On the operational matter, there is a practical of higher education in Ireland and with Govern- difficulty for drivers in many cases because they ment policy which aims to create a unified may not necessarily be able to identify all the strategy within the higher education sector while children. Bus operators operate on a panel system maintaining the differentiation of mission of nominated drivers and are interchangeable. between the institutes and the universities. Therefore, they may not necessarily know the While I have acknowledged that further struc- identity of all pupils. As I said in my reply, the tural reform of the Higher Education Authority child must have a ticket to travel which must be will be necessary to ensure it is properly placed in his or her possession. The invoice issued by to implement the type of changes proposed by Bus E´ ireann states that a child can only travel if the OECD report, I have also made it clear that he or she has a ticket. I have been asked if there the final shape of future policy proposals for the is a possibility of providing a list which could be sector will take account of the views of those made available to the drivers. The drivers could working in and with it. To this end, my Depart- immediately check the list and that might circum- ment is engaged in a wide process of consultation vent these issues. with all interested parties to ensure any such While that is one way of dealing with the issue, restructuring takes place in the context of a wide- there can be a number of problems with that ranging, reform-driven strategic policy for the system in that a large number of late applications sector as a whole. The ongoing development of and those who are eligible and make late pay- this policy is one of my key priorities and will ments cause difficulties. Although they are eli- underpin the wider national agenda, which aims gible, they may not have made an application or to place Ireland at the very forefront of the if they have made an application, they have not emerging global knowledge economy. paid. Therefore there is a delay at the beginning Ms Enright: I am aware that the legislation is of a term which causes difficulty. Perhaps we to be published shortly and that the changes to should look at the question of a timeframe for be made will be both wide-ranging and reform- receipt of applications by the Department. A list driven. Does the Minister have a timeframe for system is of little use unless the bulk of the chil- completing the legislation? Has the Minister dren have tickets and the names are available. I decided that university and IT structures will am informed that the names for this term will be come under the aegis of the Higher Education available in mid-October which is any day now. Authority as it currently exists? Alternatively, Some 10,000 pupils travel on various types of does she plan to go further, as the OECD recom- scheduled services for whom it would not be feas- mendations did, in having a tertiary education ible to have listings. However, I take the Deputy’s authority? It may be that the name rather than point seriously. We are having discussions with the function is different and if that is so, it does Bus E´ ireann — we have regular positive contact not really matter. However, I would like to hear with it — to consider specific operational matters, the Minister’s reply. especially the operation of tickets, with a view to seeing what can be done in a case such as that Ms Hanafin: The intention is to publish the outlined by the Deputy. legislation during this session so I hope it will be 311 Other 11 October 2005. Questions 312

[Ms Hanafin.] community liaison officers appointed to our enacted next year. I also hope to do the transfer disadvantaged schools. next year so the institutes of technology come Other measures designed to improve school under the HEA. The period of office of most of completion include the establishment of the the membership of that board will expire at the National Educational Welfare Board in 2002. The end of this month, but under the new legislation priority the Government attaches to tackling it will have to be reformed. It is my intention to early school leaving is evident from the fact that ensure that the new appointments will reflect the budget for the welfare board has been some of the needs of the institutes of technology increased by 20% in 2005. In addition, \24 million to prepare them for full membership status. is being provided this year for the school com- In the immediate future, it will still probably be pletion programme, a key element of which is called a higher education authority because that developing strong links between primary and it what it is. The real benefit for the institutes is post-primary schools in disadvantaged areas. that they will get away from the firm hand of the Under the new action plan for educational Department and will have more flexibility in their inclusion, DEIS, which I launched in May, governance and management. To be fair to them, additional supports are being targeted at children the institutes are ready for that and I think it will in the most disadvantaged schools to encourage work well. At the same time, we are requesting them to stay in school. The key principle of early all the institutes and universities to collaborate on intervention to identify and help children at risk restructuring and reforming. We want to create of leaving school early is a major component of institutes and universities that are recognised as the plan. being world class. The best way we can do that is Under DEIS, a continuing emphasis will be not by duplicating their work but by ensuring that placed on the development of effective transfer programmes for pupils making the transition to they can maximise the best of their talents and second-level, by building on the existing work of expertise. All that can come about by having the HSCL scheme and the school completion them under the one authority. programme in this area. Initiatives such as fam- iliarisation days and week-long transfer prog- School Attendance. rammes for new entrants to second level have been shown to have positive results in helping 7. Mr. Ring asked the Minister for Education children to make a smooth transition to their new and Science the number of children failing to school. I am anxious that a strengthening of such make the transition from primary to secondary programmes be prioritised under the new action education for the most recent year for which plan. statistics are available; and if she will make a Primary teachers can help their post-primary statement on the matter. [27579/05] colleagues to be aware from the start of diffi- culties facing particular children and how to help Ms Hanafin: There is no up-to-date research on them to settle into post-primary school and mini- the number of children who do not transfer from mise the risk of them dropping out. All primary primary to post-primary education on an annual and post-primary schools in disadvantaged areas basis. My Department is currently planning the must work in close partnership if we are to ensure development of a primary pupils database, which that the transition from first to second level is as will facilitate the collation of much more accurate smooth as possible for all children and that sup- and comprehensive data on transfer rates in the port for such partnership is provided under the future. Together with the current post-primary DEIS programme. pupil database, this will allow much improved tracking of where children go after primary Ms Enright: Is there a deadline for completing school. the database of students in sixth class? The Mini- Given the clear link between early school leav- ster’s predecessor frequently referred to this ing and continued socio-economic disadvantage matter so we are anxious for it to proceed. in adult life, the Government is determined to do From her review of disadvantage, the Minister all that is possible to ensure that every child gets will be aware that each year 1,000 children fail to all the opportunities and support they need to make the transition, a figure which has grown in enable them to complete their education. To this recent years. The Minister spoke about changes. end, we are providing increased resources for What changes does she intend to make to ensure schools in disadvantaged areas to improve their that the programmes in place are working and school completion rates by offering extra sup- that the best programmes are kept? We should ports for their students. These include extra edu- consider how programmes that are not working cational supports and services such as breakfast can be changed so that they will work. clubs and homework supports. Working with The Minister mentioned the National Edu- parents to promote school attendance is also an cational Welfare Board. The board’s average important part of the work of the home school caseload of 185 cases per educational welfare 313 Other 11 October 2005. Questions 314 officer means it is carrying out a fire brigade seems to suggest that many children cannot hack action as opposed to being more interactive and it at second level because they do not have the noticing the problems in schools that lead to chil- atmosphere and support available at primary dren failing to make the transition and children level. at second level dropping out. In the upcoming Estimates, will the Minister consider increasing Ms Hanafin: The Deputy mentioned the very the budget for the National Educational Welfare real issue of children dropping out after first year. Board to allow it carry out its full role and not The Economic and Social Research Institute simply deal with children after they have analysed the experiences of first year students in dropped out? post-primary education in 2004 and highlighted the children at risk. Arising from this analysis we Ms Hanafin: While I am reluctant to give a are targeting particular effective transfer prog- timescale for completion of the database, it is a rammes. This year I allocated an additional 100 priority for the Department, not only because of guidance counsellors to schools, 60 or 70 of whom the valuable information but also because it will have already been appointed with the remaining substantially reduce the workload for schools to go to the designated disadvantaged schools at principals. We are keeping the matter under con- the top of the list following the survey. I have stant review. We have no evidence to show that specifically asked that their work should target the numbers transferring from first to second the transfer, the children coming into first year level has increased as the Deputy stated. and junior level students, not just those in fifth Projects such as home school liaison and the and sixth year, to ensure they are getting the school completion programme are having a great support. effect. Other projects which work very well and The work the school completion programme is which we will continue under the DEIS are the doing is also being concentrated on those children pre-school, the in-school and the after school so they make the transfer. We hope once we have programmes. The school completion programme the database, that will make it easier to get the also offers holiday time support during mid-term kind of information needed in certain areas. We break, organising activities and educational do not have national data and it is wrong to sim- experiences for the children. Many outward- ply keep estimating. We need the evidence. The bound programmes mix sporting and cultural Deputy is correct but I am satisfied there have activities, literacy and numeracy programmes and been major improvements. include art, drama and music. We are spending \24 million this year alone, a Mr. Gogarty: Will the Minister accept that substantial investment in programmes to encour- quite a few children drop out early from second age children to stay in school and make the level because they have not got the proper read- transfer. Schools are working closely on a ing and writing skills and that intervention may regional basis with clusters of second level and be necessary at an earlier stage? Regarding the primary schools linking together. proposed review of the designation of The work of the NEWB cannot be seen in iso- disadvantaged schools, I heard in my constituency lation and must be seen in the context of all the two weeks ago of a nine year old girl so hungry other work that is ongoing with school com- she could not walk to school. That is a shocking pletion. We need a carrot and stick approach, not indictment. This occurred in an area of depri- just the stick alone. A question for reply later vation but it is not a RAPID area or an area des- today deals with its budget. A service is available ignated as disadvantaged. What progress has to every county, which represents a major been made with regard to tackling disadvantage improvement in the three years since it was in areas not traditionally designated as established. disadvantaged?

Ms O’Sullivan: I support Deputy Enright in her Ms Hanafin: Implementation of the DEIS call for more funding for the National Edu- report which I launched, arising from a survey cational Welfare Board, which is under stress to carried out for the Department, will probably carry out its statutory duty. I am somewhat sur- begin in December. We recognise there are prised that the Minister does not have up-to-date disadvantaged schools now that were not pre- information. Under the Education (Welfare) Act, viously recognised as such. New schools not the National Educational Welfare Board should included in previous programmes have developed have such information available. If this is not the in various areas, so they must be included. That case is it because the board is under resourced? investment will involve an extra \40 million over It has a direct role in ensuring that children and above current expenditure. It will also transfer from primary to second level. involve another 300 additional posts and in the Will the Minister focus on children who drop first instance the investment will be targeted quite out in the early years, particularly in the first year specifically at urban educational disadvantage of second level education? Anecdotal evidence which we recognise is a real problem. 315 Other 11 October 2005. Questions 316

[Ms Hanafin.] requested the use of a scribe in completing their The Deputy is right in saying the children who leaving certificate examinations; and if she will have dropped out of secondary education are make a statement on the matter. [27554/05] those who have had literacy and numeracy prob- lems. I am confident the 5,000 teachers we now Ms Hanafin: I propose to take Questions Nos. have in our primary schools dealing specifically 8, 20 and 90 together. with children with learning difficulties and special Since 8 April 2003 the State Examinations needs will target those children. They can be Commission has statutory responsibility for oper- identified and supported at an early age so that ational matters relating to the certificate examin- their problems can be rectified before they get to ations. The statistical issues raised by the second level. Deputies have been forwarded to the commission for direct reply. Ms Enright: There is clear evidence that the The commission operates a scheme of reason- drop-out numbers have risen. Between 1996 and able accommodations for candidates with special 1997, 735 children failed to make the transition to needs at the certificate examinations. The range second level, and in 2002-03 the figure was 1004. of accommodations available to candidates How will decisions be made on the classifi- includes the use of readers, scribes, tape- cation of schools in terms of disadvantage? The recorders, braille, computers/word processors, Minister said the initial focus will be on the urban helpers and extra time, in addition to decisions at areas. For one reason or another, there are cer- school level regarding rest periods, and use of low tain villages in rural Ireland where schools have vision aids, special desks or chairs. It is also open an equal degree of disadvantage. I would not like to special needs students to apply to have a part to see such schools left behind. Some of the areas of an examination waived and to be marked out involved were not classified as disadvantaged and of 100% on the balance. may need to be now. What process will be in Details of the scheme are outlined on the com- place for the review? mission’s website at www.examinations.ie. Appli- cation may be made through the school or VTOS Ms Hanafin: All schools have responded to the centre or directly to the State Examinations Com- survey which is being independently assessed by mission for external candidates. the Educational Research Centre. That standard- ised system will then identify the level of disad- Ms Enright: I thank the Minister for her reply. vantage. It will draw together a new integrated Students who get assistance during their leaving school support programme building on all the certificate examinations have that noted on their existing supports across the sector. As a result of certificates. This matter has been raised with me that identification about 600 primary schools — by several such students. The assistance provided 300 urban and 300 rural — will be included along is there merely to help the students complete the with 150 second level schools. All those will be exams, but they feel that noting the assistance on in the school support programme that will bring the certificates seems to imply they have not done together clusters and groups of disadvantage that the same examination, or that their certificates we will target. We anticipate the schools involved may seem to be worth less than those held by will know by the end of the school year. students who did not need assistance. Schools currently receiving funds under differ- I know this is a matter for the State Examin- ent headings and that do not make it into the top ations Commission but I would like to hear the group will hold on to the funding they have but Minister’s view to see if the practice could be any additional funding will be targeted at the stopped. It is the students who provide the infor- schools that most need it. mation in examinations. The students involved get only technical assistance, not information. Special Educational Needs. Does the Minister feel this practice of noting 8. Ms Enright asked the Minister for Education assistance on the certificates could be stopped? and Science the types of assistance available to students with disabilities in completing the leav- Ms Hanafin: One of the key recommendations ing certificate examinations; and if she will make by the expert group on the certificate exams a statement on the matter. [27553/05] which reported in 1989 with regard to reasonable accommodations was that it should be noted on 20. Mr. Neville asked the Minister for Edu- certificates or results if an element or elements of cation and Science the number of students who an examination have been omitted, or the requested the use of a computer in completing method of examining has been altered in a sub- their leaving certificate examinations; and if she stantial way. The idea was to strike a correct will make a statement on the matter. [27555/05] balance between ensuring that candidates with special needs were given every opportunity to 90. Mr. Noonan asked the Minister for Edu- demonstrate their levels of attainment and ensur- cation and Science the number of students who ing that no candidate was given an unfair advan- 317 Other 11 October 2005. Questions 318 tage over other candidates in the same half the number of children that were in classes examination. of 30 plus when this Government took up office. Nowhere on the results or the certificate does Major improvements in school staffing have it say a result was arrived at as a result of a dis- been made in recent years with the hiring of more ability or of a particular disability. The idea was than 4,500 additional teachers. This represents to ensure that any special arrangements would the largest increase in teacher numbers since the not put the integrity, status or reputation of the expansion of free education. The annual esti- exam at risk. Provision is made for the students mated value of the additional expenditure on involved but it is ensured that the special arrange- these posts is more than \200 million. ments allow the candidate to show his or her In 1996-97, the average class size in our achievement and ability. They are not designed primary schools was 27. It is now 24. In 1996-97 to compensate for any lack of achievement. The there was one teacher for every 22 children in our point is also to ensure that all candidates are primary schools. Today there is one teacher for treated equally when the certificates are issued. every 17 children, the lowest pupil-teacher ratio in the history of the State. Aside from decreasing Ms Enright: I have no difficulty with the indica- average class size, the unprecedented increase in tion regarding special assistance being noted on school staffing in recent years has also greatly the exam paper going to the examiner. That is improved the services provided for children with fair enough. However, when the person seeks special needs and those from disadvantaged work and another work candidate has a leaving areas. While there is more to be done to reduce certificate that does not bear a similar indication class sizes further, the progress that has been of special assistance, it leaves it open to the made in this area in recent years should be employer to choose the person who did not get acknowledged. assistance though both certificates should be of While the average class size nationally has been equal value. Such an indication on a certificate brought down to 24, I am committed, in line with negates that. This matter has been raised with me Government policy, to delivering further by a school principal who feels strongly about it. reductions in class sizes for children under nine. I accept that the report in 1998 addressed the In achieving the Government target for smaller matter but the issue merits further consideration. class sizes, priority must in the first instance be I ask the Minister to look at it again. given to children with special needs and those in disadvantaged areas. Under the new action plan Ms Hanafin: This matter relates to ensuring the for tackling educational disadvantage which I integrity of the exam and the exam results. I have launched last May, more children in yet to meet an employer who actually sought to disadvantaged schools will be in classes of 20 in see anyone’s exam certificate. A student may the current school year. have been unable to complete a full section of an With regard to the number of classes of over exam. He or she for example might not have been 30 in our schools, the general rule is that schools able to do the aural or oral section. It would then are staffed on the basis of having a maximum be indicated on the certificate that such a student class size across the school of 29. Where some was marked out of 100% on the remaining exam classes in a school have class sizes of greater than sectors, because the student would not have com- 29, it is often because a decision has been taken pleted all of the exam components completed by at local level to use the teaching resources to have other students. smaller numbers in other classes. Indeed, I often This is not designed to be insensitive to people. find that when I examine why a particular school It would be insensitive to place a reference to dis- has a class of 35 in a particular grade, the answer ability on an exam certificate, but the note on the is that there is another class in the same school certificates involved simply explains the exam cir- with just 15 pupils or so. Figures on the number cumstances. The accommodations currently given of children in classes of over 30 should be inter- are greatly varied in order to meet the needs of a preted with caution; the average class size in a wide variety of students. particular school can be more instructive. The number of children in classes of over 30 has halved since this Government took office, Pupil Teacher Ratio. major improvements in staffing supports for chil- 9. Mr. Allen asked the Minister for Education dren with special needs and those from and Science the number of primary school chil- disadvantaged areas have been put in place and dren in classes of more than 30; and if she will further improvements will be made in the current make a statement on the matter. [27564/05] school year.

Ms Hanafin: The most recent data on class size Ms Enright: That is like blaming the principal available to my Department show that in the for the class size. Sometimes he or she cannot 2004-05 school year 72,581 pupils were taught in avoid having such class sizes. Often a school must classes of more than 30 pupils. This is less than wait a year to get an extra teacher so the principal 319 Other 11 October 2005. Questions 320

[Ms Enright.] Ms Hanafin: The word “noble” is being band- has no alternative but to have larger classes. Does ied about by the Opposition. Something that is the Minister envisage any changes being made to noble is something that is worthwhile and worth ensure that schools need not wait a full year to achieving. get an extra teacher? Can the staffing be based on the current year’s intake rather than on the Ms O’Sullivan: It is the aspiration aspect that previous year’s? This is causing much difficulty. we do not like. This is a commitment in the programme for Government which the Minister has described as Ms Hanafin: We all aspire to something that is a noble aspiration in the past. Does she believe noble. To hold the office of Minister for Edu- this commitment can be achieved in the next 18 cation and Science is a noble aspiration for many Members and some of us, fortunately, have man- months or will it take significantly longer? aged to achieve it. Noble aspirations, therefore, are achieved and I am confident they will be Ms Hanafin: The only way to ensure that achieved in the future. schools due to gain a teacher next year gain that It is interesting to note with regard to class size teacher now would be by ensuring that schools in OECD reports that outcomes in other coun- which are due to lose a teacher next year would tries are no better. Quality of education is equally lose that teacher now. This is a result of the panel important. Those with the smallest class sizes system, whereby schools must take their staff have not necessarily achieved the highest results from the panel. That would not be fair either. The either in PISA or in the literacy and numeracy current system is probably a good way of dealing report that we launched last year, where schools with this, as long as there is a good appeals pro- with very small classes had, unfortunately, severe cess, which I believe there is. literacy and numeracy problems. Exterior con- The appeals process operates twice during the ditions, such as family and community conditions, year, in July and at the end of the first week in did not facilitate learning outcomes. It is a wider October. It ensures that developing schools, for matter than just class size, despite the progress example, schools that have gained huge numbers we are making and will continue to make. of pupils, can make their appeal and be given the teachers they require. Other circumstances are Educational Disadvantage. also examined. It is particularly important that 10. Mr. M. Higgins asked the Minister for Edu- schools which are developing quickly and taking cation and Science when she will publish her in large numbers should get the teachers they detailed proposals on addressing educational dis- require immediately. Generally, however, advantage; and if she will make a statement on because of the panel system, it is not possible to the matter. [27654/05] allocate the extra teachers without also removing the teachers from the schools that are due to Ms Hanafin: DEIS — delivering equality of lose teachers. opportunity in schools — the new action plan for I intend to continue to work towards reducing educational inclusion, which I launched last May, class sizes. It was my intention, in the first aims to ensure that the educational needs of chil- instance, to do it with disadvantaged schools. We dren and young people from disadvantaged com- have done that and I will continue this year to munities are prioritised and effectively addressed. reduce class sizes further for those schools. The plan provides for a standardised system for identifying levels of disadvantage and a new inte- Ms O’Sullivan: The average OECD class size is grated school support programme, SSP, which 21.4 while in Ireland it is 24. We are still above will bring together and build upon, a number of the OECD average. The Minister quoted statis- existing interventions for schools with a concen- tics from 1997, which is the date that is always trated level of disadvantage. Approximately 600 picked. primary schools and 150 second level schools will be included in the school support programme. The new action plan will be introduced on a Ms Hanafin: It was the year I was elected. phased basis, starting during the current school year, and will involve an additional annual invest- Ms O’Sullivan: However, more of our GDP ment of \40 million on full implementation. It was being spent on primary and second level edu- will also involve the provision of some 300 cation at that time. It has fallen from 5.3% in additional posts across the education system. 1995 to 4.2% of GDP now. Statistics can be used Since 1997, the Government has increased in different ways but that is a worrying figure. In funding on specific measures at primary and what timeframe will the Minister be able to second level to tackle educational disadvantage implement the noble aspiration in the programme by some 130%, from \50 million in 1998 to \120 for Government regarding class sizes of 21 or less million in the current year. The additional \40 for children under nine years old? million annual investment under this action plan 321 Other 11 October 2005. Questions 322 on full implementation will represent a 33% Ms Hanafin: I do not accept that schools have increase on current expenditure and a three-fold lost under the model for the allocation of teachers increase in spending in this area since 1998. for special needs. For the first time, there is a The plan addresses the following key issues and permanent allocation for every school in the needs: improving identification of disadvantage country. — a standardised approach will allow the Depart- ment to target resources more effectively; Ms O’Sullivan: Some have lost what they had increasing early childhood education provision in last year. the most disadvantaged communities; improving supports for pupils with low attainment levels in Ms Hanafin: In the past, these resources were literacy and numeracy; enhancing procedures for allocated on an ad hoc rather than a permanent measuring the outcomes achieved from edu- basis. Now they are permanent. cational inclusion measures; enhancing inte- On the question of schools which are deemed gration and partnership working, both within the to be disadvantaged under this system, the allo- education sector itself and cross sectorally; cation is one to 80 for the most disadvantaged enhancing professional development supports for schools. This would change immediately for those principals and school staff; and enhancing schools once the survey has been completed, research and evaluation. The key principle of which is anticipated to be by the end of this year. early intervention underpins both the early child- I fully accept the Deputy’s point about urban hood education measure and many of the literacy educational disadvantage and I am grateful for and numeracy measures being adopted under the her support on this matter. The Department will new action plan. target the 150 urban town school communities The new action plan represents a shift in with provision for early childhood education and emphasis away from individual initiatives, each class size reductions to 20:1 in junior classes and addressing a particular aspect of the problem, 24:1 in senior classes to avoid the children experi- with the new plan adopting a multifaceted and encing a big jump between these levels, as has more integrated approach. This is the first time been the case in some of the schools. More that an integrated educational inclusion strategy teacher support will be provided for the rural has been developed for three to 18 year olds in schools and clustering will help with school com- this country. A crucial aspect of the action plan munity links and literacy and numeracy measures. will be a more developed planning process, implemented through the school development As regards the early childhood provision, we planning initiative, and improved arrangements want to ensure that duplication is avoided in the for measuring progress and outcomes at both case where a very good service is already pro- local and national level. vided. The co-ordination required will create a link between the schools and community child- Ms O’Sullivan: I welcome the Minister’s reply care facilities to ensure an education input. As a but I was hoping for more detail about what will result of the investment in capital infrastructure happen in the schools. Will there be a band of in the past number of years some excellent facili- schools that will be considered particularly ties are in place around the country, particularly disadvantaged and will they get more resources in the disadvantaged areas but we wish to ensure than the other disadvantaged schools? All a good educational input into these facilities. Members are aware of schools that have a high When the programme was launched I circu- level of disadvantage and are struggling to cope lated both the full report and the summary report with the social problems that exist in the families but I will be glad to provide the Deputy with of the students. I hope they will get extra allo- another copy if required. cations to what is given to the regular disadvantaged schools. Ms Enright: How will the classification be done Perhaps the Minister would elaborate further this time? What will be the criteria compared to on her proposals regarding early childhood edu- when it was first done? cation. A number of schools in very On the subject of rural disadvantage, in certain disadvantaged areas have lost both resource and areas of rural Ireland parents for one reason or SNA hours as a result of the changes under the another are choosing to take their children out of weighted system for resource teachers and SNA the bigger village school and move them to support. Some of those schools are struggling as schools which are in a rural rather than an urban a result of this loss. Will the Minister examine this setting. These schools then need extensions but matter and consider restoring resource hours to the village school is left with the disadvantaged those schools? It is a shame that schools that students. I refer to a school which accommodated really need extra support do not have it or have 250 pupils and currently has less than 70 students. lost it this year. However, I welcome the fact Will such schools with low numbers be included there are finally proposals on educational disad- in the scheme? This is a different type of disad- vantage. They were a long time coming. vantage but it is becoming more apparent. 323 Other 11 October 2005. Questions 324

Ms Hanafin: Educational disadvantage is the issued and that the listing represents a true reflec- issue. Some counties are the first to declare their tion of all pupils who are authorised to travel. economic or social disadvantage but it is often the case that students from these counties show par- Ms Enright: I take the point made by the Mini- ticipation rates in third level education that are ster of State. It is obvious that lessons have been among the highest in the country. I cite County learned from what happened last week and the Leitrim to prove my point. It has the highest rate manner in which the system has operated this of participation in third level education in the year. The Minister of State referred to timescales country yet we have all seen programmes in in an earlier reply. Will the Minister of State give which people talk about its isolation or disadvan- serious consideration to a reply deadline as one tage and, therefore, I no longer accept that argu- means of resolving this matter? This could be one ment. I wish to focus on the issue of educational way of resolving the matter but it would need to disadvantage. be publicised so that people were aware of the The survey undertaken was very comprehen- regulations and did not lose out. sive and it has been returned by the schools. We Miss de Valera: I referred to this matter in my will ensure that the size of school will not be a reply to Priority Question No. 5. One of the deciding factor but rather the concentration of reasons for the delay in the issuing of a list is that disadvantage within the school. Clustering will not all of those eligible for transport have applied ensure those schools do not lose out. A teacher and paid for that transport. The use of an early or a co-ordinator will work with a group of reply system could be one solution and this is schools to ensure they benefit from the extra under consideration. I am in discussion with Bus facilities which will be put in place. I envisage this E´ ireann to examine these operational difficulties. scheme will be in place by the end of this year and that it will also include home-school liaison, which is crucially important in tackling disadvan- School Discipline. tage by linking in with the families. The small 12. Ms McManus asked the Minister for Edu- school to which the Deputy has referred might be cation and Science her plans to implement the involved in a sharing of facilities. recommendations of the interim report on I have a problem with people taking their chil- student behaviour; the timescale for implemen- dren out of schools in towns and sending them tation; and if she will make a statement on the out to the rural areas. The schools in the towns matter. [27658/05] are losing teachers while the rural schools are under pressure and are requesting extensions. 54. Mr. Hayes asked the Minister for Education One school is as good as the next; the buildings and Science when the task force on discipline will do not make a difference but rather the quality of make their final report; and if she will make a the teaching. People should be loyal to the school statement on the matter. [27537/05] nearest to where they live. Ms Hanafin: I propose to take Questions Nos. 12 and 54 together. School Transport. The task force on student behaviour will com- 11. Mr. Kenny asked the Minister for Edu- plete a final report, including recommendations, cation and Science if she will ensure that all buses later this year. At the interim report stage, the in the school transport system carry a list of the task force decided to document the broad areas emerging and which have recurred with such fre- school children who have been issued with tickets quency within its work to date and which in its to travel on the service; and if she will make a opinion are representative of the central issues of statement on the matter. [27559/05] concern. The task force anticipates that these will form the bedrock of its recommendations in its Miss de Valera: I have been advised by Bus final report which is expected in December 2005. ´ Eireann, which operates the school transport In its interim report the task force recognises scheme on behalf of my Department, that listings that the most important feature of its work is to of pupils who have been issued with tickets for generate a set of recommendations that will the current term will be issued to bus operators impact in a positive way and will help to curtail in mid-October. Such an arrangement is not pos- the spread of disruptive behaviour in our schools. sible in the case of pupils who avail of scheduled Since the task force was established early this public transport services. year, it has really come to grips with the breadth The issue of listings at an earlier date is not and complexity of this vitally important area. In possible due to the number of late applications tackling its job it has consulted widely and built and late payments received in school transport upon submissions, research and its own analysis offices throughout the country. It would be of to sharply define the areas where its final report little benefit issuing such lists until Bus E´ ireann will make recommendations to underpin future is satisfied that the vast bulk of tickets have been change. 325 Other 11 October 2005. Questions 326

I am particularly impressed with the ability of some training and youthreach programmes the task force to focus on the core issues. It has should be in place as alternatives for students. I indicated to me that it is on target to produce look forward to the recommendations and I a final report and detailed recommendations in anticipate that there will be resource implications December of this year. Before producing that stemming from them. In so far as possible I will report it wishes to engage further with the wide work with the partners to implement the recom- range of interests in this area and to review mendations because I believe they will cover not domestic and international successes and failures. just what needs to be done from a resource point I am greatly encouraged by this interim report of view or in terms of national implementation, and I am very grateful to Dr. Maeve Martin. I but also with regard to classroom management look forward to receiving the final report and its and so forth. recommendations. Ms Enright: In its interim report the task force Ms O’Sullivan: Does the Minister intend to noted that many schools are frustrated with implement the final report when it becomes avail- section 29 of the Education Act and it has made able at the end of this year? Does she envisage some recommendations relating to that section implications for resources with regard to its pending publication of the full report. There is a implementation? The problem of particularly dis- genuine difficulty in schools in that they are being ruptive students has been identified in the interim forced to accept for re-admission students whom report. There is a need to provide facilities for they have expelled or who have been expelled pupils who genuinely are unable to settle in reg- from other schools for seriously disruptive behav- ular schools. iour. It is causing a difficulty within the system I refer to a recent television programme about when students are seriously disruptive. If the task a school in County Waterford where children force recommends changes to section 29, will the who had dropped out of schools were being cat- Minister examine that option? ered for in an alternative programme which seemed to be working very well. I am aware of a Ms Hanafin: Schools have indicated to me that small number of similar schools in other parts of they have a problem with section 29. However, it the country which cater specifically for children should be noted that of all the appeals lodged who do not fit in to the regular school system. under section 29, two thirds are resolved in fav- Does the Minister intend to expand the avail- our of the school and only one third in favour of ability of such resources or does she envisage that the students. Schools seem to have the idea that the majority of children can be catered for within the appeals system is always against them but in the regular post-primary school system? reality, that is not the case. I have already indi- cated that I would be prepared to amend Section Ms Hanafin: The great advantage of this report 29 or to deal with issues around it, perhaps on the is that it has examined both the negative and the procedures — whatever the task force recom- positive evidence in schools showing the manner mends. Dr. Maeve Martin indicated in June that in which schools manage disruptive behaviour. the task force would not look at section 29, but I There are some excellent examples of good prac- asked her to do so because it had been high- tice. I expect the final report will focus on issues lighted to me as an issue. I am prepared to look such as school culture, the code of behaviour, the at anything that will support the learning envir- means by which students are given a voice, the onment for students in a classroom and the teach- sense of community and communication between ing environment for teachers. the partners. Schools will require structures to deal with the wide range of students. The task Physical Education Facilities. force has examined domestic and international examples of how good student behaviour is fos- 13. D’fhiafraigh Mr. McGinley den Aire Oidea- tered and examples of good classroom chais agus Eolaı´ochta an bhfuil aon airgead ina management. Roinn i mbliana le haghaidh hallaı´ spo´ irt agus an A wide range of options must be considered mbeidh deontas a´ cheadu´ do Halla Spo´ irt do an and I look forward to the recommendations in scoil (sonraı´ tugtha) agus an ndeanfaidh sı´ ra´iteas that regard. I also suspect that there will be ina thaobh. [27511/05] recommendations relating to very disruptive students, who are a very small minority but who Ms Hanafin: Ba mhaith liom a dhearbhu´ don are causing problems for some schools. The task Teachta go bhfuil gealltanas tugtha ag an Roinn force has indicated that it may recommend a type cistiu´ a shola´thar do PE agus do limiste´ir shu´ gar- of break-out centre. I hope such a centre would tha lasmuigh agus do limiste´ir ilghno´ i scoileanna not operate on a permanent basis but would be mar chuid den chla´r um infheistı´ocht chaipitil do run with a view to ensuring that children can be scoileanna. Ta´ an gealltanas seo da´ thabhairt i reintegrated into school. I accept that not every gcomhthe´acs acmhainnı´ a bheith ar fa´il chuige school is suitable for every child and perhaps agus i gcomhthe´acs na gcrite´ar a foilsı´odh maidir 327 Other 11 October 2005. Questions 328

[Ms Hanafin.] nua, ar scoileanna do dhaltaı´ le riachtanais speisi- leis na tionscadail to´ ga´la scoileanna a roghnu´ de alta agus, ar ndo´ igh, ar scoileanna in a´iteanna re´ir tosaı´ochta. nach bhfuil scoil ar bith ann. Ba bhrea´ liom nı´ ba Is cuid riachtanach ı´ den che´im dheartha, mai- mho´ a dhe´anamh air sin, ach caithfidh me´ fe´a- dir le mo´ rchla´r athcho´ irithe ar bith um fhoirg- chaint ce´n saghas airgid a bheas agam an bhliain nimh scoile ata´ ann, halla PE a shola´thar ag an seo chugainn. Ma´sfe´idir liom aon rud a dhe´an- leibhe´al iarbhunoideachais, ach an la´thair i gco´ naı´ amh, cuirfidh me´ an phobalscoil san a´ireamh, ach a bheith fairsinge go leor, no´ a´it a mbeidh scoil go dtı´ sin, nı´ fe´idir liom aon rud a fho´ gairt. nua a´ to´ ga´il ar u´ rla´thair. An tionscadal um halla PE ag Pobalscoil Mr. McGinley: Ma´ thagann an tAire chun Ghaoth Dobhair, rinneadh e´ a mheas de re´ir na tosaigh le cinneadh de chinea´le´igin, beidh muin- gcrite´ar tosaı´ochta a foilsı´odh agus a rinneadh a tir Ghaoth Dobhair an-ghnı´omhach, agus beidh athbhreithniu´ an bhliain seo caite tar e´is dul i siad a´balta airgead a chur ar fa´il iad fe´in fa´ cho- gcomhairle leis na Pa´irtithe Oideachais. inne cuidiu´ leis an tionscnamh. Beidh freagra Ta´ an tionscadal faoi chaibidil i gcomhhe´acs an deimhneach ar fa´il o´ phobal na ha´ite, mar tuige- chla´ir 2005-2009 um tho´ ga´il agus athcho´ iriu´ ann siad ce´ chomh ta´bhachtach is ata´ se´ seo don scoileanna. scoil.

Mr. McGinley: Gabhaim buı´ochas leis an Aire Special Educational Needs. as freagra measartha cuimsitheach a thabhairt 14. Mr. Durkan asked the Minister for Edu- domh. Tuigim go dtuigeann sı´ fe´in faoi mar ata´ cation and Science the extent to which she will cu´ rsaı´ chomh fada agus a bhaineann siad le Pob- increase the numbers of resource, remedial, alscoil Ghaoth Dobhair, scoil la´n-Ghaelach ina special needs teachers or special needs assistants nde´antar gach a´bhar trı´ Ghaeilge. Is do´ cha gur in line with increased requirements; and if she Pobalscoil Ghaoth Dobhair an t-aon cheann i will make a statement on the matter. [27696/05] dTı´r Chonaill i la´thair na huaire nach bhfuil halla aclaı´ochta no´ PE aici. Ms Hanafin: Enormous progress has been Ta´ an scoil ann le 25 bliain. Ta´ sı´ ag ceiliu´ radh made in recent years in increasing the number of na ho´ ca´ide i la´thair na huaire. Bheadh se´ ina teachers in our schools who are specifically dedi- bhronntanas iontach do´ ibh da´ mbeadh fo´ gra le cated to providing education for children with theacht o´ n Aire roimh dheireadh na bliana go special educational needs. mbeidh an ca´sa´ bhru´ ar aghaidh ar an laghad. At primary level there are now approximately Chomh fada agus a thuigim, ta´ sı´ go fo´ ill ag ce´im 5,000 teachers in our schools working directly 4. Ta´ sı´ sı´os ar an liosta tosaı´ochta. An bhfe´ad- with children with special needs, including those fadh an tAire treoir a thabhairt do mhuintir na requiring learning support. This compares to Roinne ı´ a chur chun tosaigh sa do´ igh, nuair a under 1,500 in 1998. One out of every five bheas na hacmhainnı´ ar fa´il, go mbeidh tosaı´ocht primary school teachers is now working specifi- nı´os mo´ ag Pobalscoil Ghaoth Dobhair? Ta´ an cally with children with special needs. scoil na´isiu´ nta in aice le´i, agus caithfimid At second level, there are approximately 1,599 buı´ochas a ghabha´il leis an Aire as bualadh le tos- whole-time equivalent resource teachers in place caireacht o´ n scoil nuair a bhı´ sı´ ar a che´adturas to support pupils with special educational needs. go Du´ n na nGall. Tuigeann sı´ an ca´s. Ta´ sı´ ina This compares to approximately 200 such haonar i dTı´r Chonaill anois, mar nı´l aon scoil teachers in place in the 1997-98 school year. eile den mhe´id ce´anna ann nach bhfuil halla den At this stage there are approximately 6,304 chinea´l seo aici. An bhfe´adfadh an tAire comhar- whole-time equivalent special needs assistants, tha do´ chais de chinea´le´igin a thabhairt do´ ibh sa SNAs, in our primary and second level schools bhliain shuntasach seo nuair a bheas siad bunai- supporting children with special needs. The the 25 bliain? National Council for Special Education, through its network of locally based special education Ms Hanafin: Mar is eol don Teachta, bhuail me´ needs organisers, is responsible for processing le gru´ pa o´ n scoil, agus ta´ seanaithne agus any applications for additional SNA support that ardmheas agam ar an bprı´omhoide, o´ s rud e´ go may be received from schools. rabhamar sa chola´iste agus ag dı´ospo´ ireacht I will continue to prioritise the issue of special chraobh na hE´ ireann le che´ile. Ba bhrea´ liom needs education and, in co-operation with the bronntanas brea´ a thabhairt do gach aon scoil in National Council for Special Education, ensure E´ irinn, agus go ha´irithe do scoil mar sin. In ain- that all children with special needs are adequately neoin go bhfuil \500 milliu´ na´ chaitheamh agam resourced to enable them to meet their full ar fhoirgnimh i mbliana sa cho´ ras oideachais, ta´ potential. ra´tu´ 4 tugtha do gach aon halla PE sa tı´r. Nı´ he´ go bhfuil ra´tu´ 4 tugtha do Ghaoth Dobhair go Ms Enright: There were a number of diffi- dı´reach. Sa che´ad dul sı´os, caithfidh me´ an t-air- culties relating to the implementation of the gead a chaitheamh ar ranganna agus scoileanna special education needs programme over the 329 Other 11 October 2005. Questions 330 summer and with the flow of information to envisage that the level of assessments required by teachers. These difficulties have largely been individual parents will not now be as great dealt with now, but it is important that systems because they will be able to get the service with- are put in place to ensure that such problems do out it. In schools where the National Educational not recur. Psychological Service is not available, there is a In terms of the special education system over- system whereby the State will purchase the all, does the Minister intend to ensure that the service for children as long as the need is prior- National Educational Psychological Service, itised by the school. NEPS, reaches its intended complement and how does she intend to ensure that every child who Ms O’Sullivan: While I was campaigning for an needs an assessment from NEPS receives one? hour in my city last Saturday, two school princi- The waiting lists are quite severe and schools in pals approached me and told me they were hav- some areas are not covered by NEPS at all. How ing serious problems. Both principals, who are does the Minister intend to tackle that issue, to based in rural villages, had lost the special needs ensure that children are assessed? assistant and resource teaching support they had I am aware that the system has changed the previous year. These people felt they had recently and that not all children necessarily need been doing a good job looking after children with a report now. However, there are still many chil- special needs. However, because of the weighted dren who will need a report. Parents go to private model, they did not qualify for as much support psychologists because they cannot get their child as they had the previous year. Where one child assessed by a NEPS psychologist and while they would have had a full-time special needs assistant, are entitled to do that not every parent can afford they were now being asked to share an SNA with a private assessment. Some parents do not fall another child because of decisions of local special under the NEPS system because of where their educational needs organisers. There are genuine child is located. How does the Minister intend to difficulties for schools that are working hard and address this issue? being all-inclusive in trying to bring as many chil- There are also some children experiencing dren as possible with difficulties into their difficulties despite the fact that they have a report schools. These principals believe they have lost stating that they have a special education need. out under the system, which needs to be re- They are not receiving the service examined. 4 o’clock they need under the new system. Will In some cases the NEPS psychologists are the Minister provide us with figures referring people to the Health Service Executive on the number of parents who have contacted the psychological service. I have come across people National Council for Special Education because who have been told they must wait two years to they are dissatisfied with the fact that their chil- be assessed within the health service before they dren are not getting the service that expert psy- will be considered for educational support. chologists have stated they need? An Ceann Comhairle: As we are running out of Ms Hanafin: I accept that when we put so many time, I will hear very briefly from Deputy Finian extra teachers in place this summer the system McGrath and Deputy McGinley who are offering. took some time to settle down. I thank the schools for their co-operation and the INTO for Mr. McGinley: As there are a number of one- its help in implementing this process which has teacher schools in the country, are there special now settled down and is working quite well. I also arrangements to give these schools some form of believe the new circular which was circulated to support in the interests of health and safety? Is it all schools and which will be sent to all teachers the policy to have such a school manned by one is very helpful because it outlines case studies to teacher or is it the intention to have someone else assist teachers in coming to a decision regarding in the class if the teacher is unavoidably absent, a child’s education needs. One of the real advan- because otherwise the school will be closed? Is tages of the system, which should reduce the need there any arrangement for one-teacher schools or for individual psychologists’ reports, is the fact will such schools be left on their own? that the class teacher, in the first instance, can now identify a child with special needs and ensure Mr. F. McGrath: Does the Minister accept his or her needs are met because the teacher is there are still major problems with services for available in the classroom. Over and above that, children with disabilities in mainstream schools? children with more severe learning difficulties or Does she accept it is a disgrace and unacceptable the low incidence range can continue to get their in the education system that children with own personal allocation. Thousands of children Down’s syndrome, for example, should lose their throughout the country will continue to be pro- special needs assistants and their parents must vided with that service. ring their Deputies and others to lobby them to There are more than 6,000 special needs assist- get them back? Is it unacceptable that children, ants to cater for the needs of these children. I particularly primary school children with dis- 331 Other 11 October 2005. Questions 332

[Mr. F. McGrath.] An Ceann Comhairle: The Deputy should not abilities, cannot receive speech therapy services ask questions by way of interruption. or occupational services? Ms Hanafin: No, it is much more than that. Ms Hanafin: The position is that special needs assistants are provided for children with severe Education Welfare Service. medical or physical needs. I am aware it is the aspiration of most parents that their child should 15. Mr. J. O’Keeffe asked the Minister for Edu- not be dependant on an assistant but should have cation and Science the average caseload per the skills to be independent in the classroom and officer at the National Educational Welfare to be able to deal with other children. The Board; and if she will make a statement on the Down’s Syndrome Association said it recognises matter. [27566/05] that every child with Down’s syndrome does not need a special needs assistant. Ms Hanafin: The Education (Welfare) Act 2000 established the National Educational Wel- Mr. F. McGrath: In the past week, I have fare Board as the single national body with spoken to two people with this problem. responsibility for school attendance. The general functions of the board are to ensure that each Ms Hanafin: The association said it recognises child attends a recognised school or otherwise that every child does not need such a service. I receives a certain minimum education. To dis- was present and discussing a playground while a charge its responsibilities, the board is developing child slept on the shoulder of a special needs a nationwide service that is accessible to schools, assistant, which is not good for the development parents or guardians and others concerned with of a child. It is important that the allocation of the welfare of young people. For this purpose, special needs assistants, working with the SENO, educational welfare officers are being appointed should ensure the service meets the needs of the and deployed throughout the country to provide child as he or she develops. This would give the a welfare-focused service to support regular child the skills to be able to be increasingly school attendance and discharge the board’s func- independent. tions locally. On the question of one-teacher schools, if the The service is developing on a continuing basis. principal teacher in a one-teacher school is The total authorised staffing complement is cur- unavoidably absent — some of these schools have rently 94, comprising 16 headquarters and sup- just seven pupils, and there are approximately 20 port staff, five regional managers, 12 senior edu- such schools remaining in the country — they are cational welfare officers and 61 educational entitled to a substitute for the day. However, because of the particular situation in regard to welfare officers. In deploying its service staff, the the islands this year, I allocated a second teacher board has prioritised the provision of services to to one-teacher schools on the islands because the most disadvantaged areas and most at risk they would not have been able to get a qualified groups. Five regional teams are in place with substitute at the time. A special exception was bases in Dublin, Cork, Limerick, Galway and made in this regard. Waterford and staff have been deployed in areas In reply to Deputy O’Sullivan, an SNA is of greatest disadvantage and in areas designated assigned to a school to meet the needs of a part- under the Government’s RAPID programme. An icular child. If that child moves on or if the needs education welfare service is available in every of the child change, the SNA will be redeployed county in Ireland. to someone else. As they grow older and gain The board indicated to my Department that extra skills, if a child no longer requires the full- the average caseload of each educational welfare time services of an SNA, that person can be officer as of July 2005 was approximately 164. shared between children. The local special needs The board continually reviews the protocols for organiser is designed to link in with the parents prioritising children and families who require and the school to ensure the needs of children are intervention to ensure that children with the being met. It is hoped to reach the stage where greatest need gain maximum benefit from avail- they will also link in with the health services. able resources, and to work with local agencies There is no doubt there is a difficulty in regard in prioritising children’s and family needs. In this to speech therapists because the local health regard, there are some 490 staff in education dis- regions are finding it extremely difficult to recruit advantage programmes whose work involves a them. We have increased the number of people school attendance element. My Department is being educated. There are more speech therapists anxious to ensure that the maximum benefit is graduating from the colleges. We have doubled derived from these substantial personnel the numbers, which I will get for the Deputy. resources. Consequently, work is ongoing to develop appropriate protocols for integrated Mr. F. McGrath: Is it ten? working between the different services involved. 333 Other 11 October 2005. Questions 334

Ms Enright: I thank the Minister for her reply. school curriculum which was revised in 1999. A I take the point she makes that other people also minimum of one hour of physical education per operate in this area. I am concerned that the lim- week is recommended for all primary school ited number of people working in the National pupils. The curriculum has been structured to Educational Welfare Board do not have time to allow individual schools a high degree of flexi- liaise with the home-school-community liaison bility and choice in the planning of a broad and officers and all the others involved. The staff are balanced physical education programme for particularly helpful but they engage in a fire brig- pupils, and includes six broad strands featuring ade response to issues that arise. The chief execu- athletics, dance, gymnastics, games, outdoor and tive of the board said that further research is adventure activities and aquatics. A programme needed to examine the detailed reasons behind of in-service training in physical education is absenteeism but they do not have the time to being provided between 2004-05 and 2005-06 to carry out this research. Will the Minister provide support the full implementation of the curriculum the National Educational Welfare Board with in 2006-07. My Department is committed to fund- extra staff so that the root cause for absenteeism ing the provision of physical education, general can be dealt with rather than responding to indi- purpose and outdoor play areas in schools as part vidual cases? of the schools’ capital investment programme. A curriculum in social personal and health edu- Ms Hanafin: It is important to have more co- cation, SPHE, is a mandatory part of all prog- ordination between these services. For example, rammes for primary students and its implemen- there are 40 visiting teachers for Travellers. One tation is also being assisted by a full-time support of the groups with whom the National Edu- service. The programme begins in the infant cational Welfare Board works closely is Travel- classes and specifically addresses the need for lers, yet there are 40 people who do nothing else regular exercise and examines food and nutrition but visit schools where there are Travellers. We issues and the need for a balanced diet. The must ensure there is not an overlap in this type objective is that by fifth and sixth class, students of work. These services should complement each will be equipped to take responsibility for making other. wise food choices and adopting a healthy The school completion programme and home- balanced diet and, in that context, exploring and school-community liaison scheme were also men- examining the food pyramid. tioned. By working together, they can ensure Measures can be taken to encourage physical their work is complementary. It is important that activity during school breaks and schools play a they should examine their workload qualitatively major role in nurturing and promoting the as well as quantitatively. Each scenario is differ- involvement of students in sporting activities in ent. However, the Educational Welfare Board the wider community. Sports organisations such was only set up three years ago. It employs 73 as the Gaelic Athletic Association, Basketball full-time welfare officers as well as support staff, Ireland and the Football Association of Ireland which demonstrates our commitment in this provide extensive opportunities for schools to regard. participate in sport. The Irish Sports Council, in co-operation with Ms Enright: The number is less than that bodies such as the FAI and local sports partner- recommended. ships, has developed a national Buntu´ s primary schools initiative through which additional sup- School Curriculum. ports such as training, resource cards and equip- 16. Mr. Deenihan asked the Minister for Edu- ment are provided to support teachers and others cation and Science her policy on the provision of in introducing young people to sport and to com- physical education in the primary school system plement the physical education curriculum. The here in view of the alarming increase in obesity initiative aims to raise the profile of physical levels; and if she will make a statement on the activity and sport, improve in-service training matter. [27699/05] opportunities for teachers, assist governing bodies of sport to develop and deliver appro- 72. Mr. Deenihan asked the Minister for Edu- priate supports for teachers and provide enjoy- cation and Science her policy on the reduction of able and meaningful activity for children which obesity in the primary school system here in view supports the delivery of the curriculum. of the alarming statistics outlined in the obesity Together, these initiatives ensure children not forum report; and if she will make a statement on only get opportunities to exercise at school but the matter. [27698/05] also learn about balanced nutrition and making good food choices. Schools are playing their part Ms Hanafin: I propose to take Questions Nos. in the battle to tackle childhood obesity. 16 and 72 together. However, children only spend 20% of their time At primary level, physical education is one of at school and a healthy home environment is vital the seven curriculum areas within the primary to ensuring they do not suffer from obesity. 335 Leaders’ 11 October 2005. Questions 336

Ms Enright: Will the Minister consider making Catherine Murphy — the funding approach relat- physical education compulsory at both primary ing disabled persons and essential repairs grants and post-primary level rather than just recom- by local authorities; (3) Deputy Michael mend it? Has she concerns regarding the training Moynihan — to ask the Minister the potential for of teachers, given that full-time physical edu- inclusion of Banteer station in the new early cation teachers are not employed at primary morning train service on the Tralee to Killarney level? Has she read the report of the Oireachtas to Mallow line; (4) Deputy Connaughton — the Joint Committee on Education and Science which important matter of the construction of the west- recommends full-time physical education ern rail corridor; (5) Deputy Cowley — to ask the teachers, even on a clustering basis, at primary Minister if she will provide the necessary funds to level? Has she given thought to providing a dedi- the adult literacy and child care courses within cated period of investment in sporting facilities the Mayo vocational education committee area; in primary schools, as was done for information (6) Deputy Ring — to ask the Minister her plans technology in the past? to provide a permanent site for a school in Does the Minister share my concern that County Mayo and the progress on this matter; (7) schools should not be dependent on sports organ- Deputy Cooper-Flynn — if the Minister will isations which promote their own sports? The enable the County Mayo Vocational Education curriculum is broader than that but a number of Committee to complete its adult literacy and schools are reliant on sports organisations BTEI programmes; (8) Deputy Naughten — the because of the lack of provision of facilities by need for the Minister to ban immediately the the Department. importation of beef following the diagnosis of foot and mouth disease within the Brazilian herd; Ms O’Sullivan: Schools were asked to use their (9) Deputy Twomey — to ask the Minister to physical education halls as classrooms under the clarify a recent statement that primary and sec- building programme over recent years when they ondary schools should not be on the same site in needed extra classrooms. Has that practice Gorey; (10) Deputy Allen — the cost overruns stopped? If not, will the Minister stop it? involved in the preparation and production of Jamie Oliver was on the airwaves earlier. When Irish passports and the payment of royalties to will meals be provided in schools as a matter of contractors for passports issued; and (11) Deputy course, similar to Britain? Enright — to ask the Minister if he is aware the bypass project scheduled to begin in Tullamore Ms Hanafin: No, I do not envisage Jamie in September 2006 has been shelved until 2009. Oliver entering the school system. However, I The matters raised by Deputies Allen, envisage capital investment in schools, which Costello, Cowley and Cooper-Flynn have been amounts to \500 million this year, will provide for selected for discussion. the construction of new schools and extensions as well as physical education halls and outdoor play Leaders’ Questions. areas. For example, outdoor play areas were upgraded under the summer works scheme this An Ceann Comhairle: I remind the House once year. again of the strict time limits laid down in Stand- Every primary teacher is being trained in the ing Orders for Leaders’ Questions. The times are: new school curriculum as part of in-service train- leader, two minutes; the member of the Govern- ing. The curriculum is broad so that the needs of ment responding, three minutes; leader’s sup- girls, in particular, who are reluctant to take up plementary question and member of Govern- physical education and sports, particularly at ment’s final reply, one minute each; and overall second level, can be met. New physical education time at seven minutes. I am doing so early in this halls are fitted with fitness suites because they are session in view of the overruns last week, the first attractive for girls. We are tackling the issue in a full week of the session. On Tuesday and number of ways. However, children spend 20% Wednesday, Leaders’ Questions overran by 14 of their time in schools. Parents need to take and 19 minutes respectively. responsibility for obesity among their children. Mr. Naughten: That is shameful. Written Answers follow Adjournment Debate. Mr. J. O’Keeffe: Long may it last. Adjournment Debate Matters. Mr. Stagg: That is a precedent. An Ceann Comhairle: I wish to advise the House of the following matters in respect of An Ceann Comhairle: As I acknowledged pre- which notice has been given under Standing viously in the House and in correspondence, Order 21 and the name of the Member in each Leader’s Questions is regarded as one of the case: (1) Deputy Costello — the Minister’s plans more visible and lively features of Da´il sittings to tackle the problem of the annual epidemic of enabling topical issues to be raised early in the fireworks in the run up to Hallowe’en; (2) Deputy sitting day. 337 Leaders’ 11 October 2005. Questions 338

Mr. Naughten: The Chair is trying to close seen at the stand behind the Ta´naiste or any- down Leaders’ Questions. where else because it does not exist. It is not there, it has disappeared and it is an ex-portal. Mr. S. Ryan: We cannot get answers. The portal which was created by the press launch of the then Minister, Deputy Martin, has disap- An Ceann Comhairle: In the spirit of the rela- peared into the same black hole as e-voting, tive spontaneity of the procedure, I have rarely PPARS, the civic hub, Punchestown and all the intervened during Leaders’ Questions. However, others. in view of the overruns last week, which on a This photocall, which was staged in Cork dur- given day may not be uniform and can even ing the European Ministers’ meeting at a cost of create a perceived imbalance, I ask the leaders to \3 million, must be the most expensive in the his- co-operate with the Chair in ensuring the time tory of the State. Not only has the portal disap- limits laid down by the House are adhered to. It peared but the HSE has re-tendered for a new should not be necessary to remind the House that job, called the unified website, which has all the Leaders’ Questions time is confined to the characteristics of the last portal. leaders of Fine Gael, Labour, the designated leader of the Technical Group and the member Mr. McGinley: A second one. of the Government responding. All contributions by others are interruptions and are not in order. Mr. Kenny: The tender for this was prepared on Friday 30 September and those seeking to sub- Mr. Kenny: Last week’s overruns reflected the mit a tender have a short timeframe within which gravity of the situation and they were not a waste to complete their business. Is the Ta´naiste aware of time. Having been scalded in the House, I am of this project, has she any concerns over the way sure the Taoiseach is glad to be on State business in which it is being conducted and is she not con- in Downing Street. cerned about the ridiculously short time allowed The business of the House last week was domi- to tender for this unified website as a successor nated by the startling revelation that more than to the portal that has gloriously disappeared? \150 million of taxpayers’ money had been wasted on a botched project dealing with an Deputies: Hear, hear. information technology system in the health sec- Mr. McGinley: Give it to the same crowd. They tor which did not work. The Minister for will know better the second time around. Communications, Marine and Natural Resources, speaking on behalf of the Government, said this The Ta´naiste: I am aware of the e-portal and sum was a small amount of money. work on it was suspended by the HSE last The Ta´naiste has had difficulties in the past February. being briefed on matters relevant to her Depart- ment but I hope she is fully attuned to all the IT Mr. Naughten: That sounds familiar. issues in the health sector. For example, she will be familiar with the project known as the Irish The Ta´naiste: The technology may not have health services portal, which was to establish a been compatible with what was intended. It was single Internet point of contact for members of originally scoped by Accenture. Incredible as it the public through which they could access health may seem, surveys in the United States show that services throughout Ireland. A contract to only 28% of the technology scoped for works on develop the portal was awarded early in 2004. the first occasion. Fortunately, on 5 May 2004 the portal was ready for launch and at 6 p.m. that day, after a frenzied Mr. Howlin: It is a chestnut. photocall staged at 5.50 p.m., the then Minister for Health and Children, Deputy Martin, Mr. J. O’Keeffe: The Ta´naiste is looking for launched it. cover.

Mr. J. O’Keeffe: Him again. Ms O. Mitchell: The Government should be exported to America. Mr. Kenny: In the last sentence of his speech, he said, “It gives me great pleasure today to An Ceann Comhairle: The Ta´naiste without launch the Irish national health services portal interruption, please. which can be seen at the stand behind you.” The Department of Health and Children followed up The Ta´naiste: The scope for the exercise was this launch by confirming in the document Health completed as part of the information society Information National Strategy, published in July initiative, which recommended to the Govern- 2004, that the portal was by then up and running. ment that services be provided on a single website The only problem is that the portal is not up so that people could learn the health services and running. Unfortunately, the portal cannot be available in different places. Work was suspended 339 Leaders’ 11 October 2005. Questions 340

[The Ta´naiste.] be accessed. Why is it so difficult to be able to in February and a tender for a smaller project specify the technology? Accenture is a reputable costing less than \250,000 has been advertised. company and it completed the scoping. IBM is I have asked the HSE not to proceed with also a reputable company and it produced the awarding any tender in this or any other tech- technology. Notwithstanding that fact, the project nology area unless it is cleared by the Depart- had to be suspended in February and that is why ments of Finance and Health and Children. That it has re-tendered. I assure Deputy Kenny that I will be the position with regard to all technology will ensure that the tender is completed in an projects in the health area. open, fair and transparent manner for all par- ticipants. Mr. Kenny: The Ta´naiste seems to be setting all standards by reference to the United States, Mr. Rabbitte: Is it correct that every action the including the privatisation of hospitals. The then HSE has taken since it was established has been Minister, Deputy Martin, in his speech on this to try to stop what Deputy Martin did as Minister matter said, “Crucially, it will enable the health for Health and Children? Is that a fair summary services to deliver a consistent message to the of what the Ta´naiste has said? public and to its employees”. It has gone with the wind. Mr. McGinley: The Ta´naiste agrees. Is the Ta´naiste not concerned over the manner by which this being advertised? It has been Mr. Rabbitte: Now, after Deputy Kenny’s lat- expressed to me by a number of concerned est allegation, it is another case of closing the por- people in the information technology sector that tal after the horse has bolted. There was a time the time allowed for this tender leads to the when Fianna Fa´il backbenchers entered the assumption that this is written for a particular House for the Order of Business and Leaders’ supplier. Will the Ta´naiste investigate that? Questions. They do not do that anymore, for Will she also familiarise herself with the Butler whatever reason. report, which looked at the health Ireland portal in February and produced a damning critique of Mr. J. Brady: We are here. it? The report noted that the portal did not have any business sponsor and its writers believed that Mr. S. Ryan: That will be the size of the Fianna high level ownership was essential if the project Fa´il backbench after the next election. was to continue. The strongest recommendation made was that a sponsor should have been sought Mr. Rabbitte: I thank Deputy Ryan for that, at the earliest opportunity. That kind of language we are sorry he is retiring. If the backbenchers is familiar in terms of the reports we have had of were here—— PPARs last week. An Ceann Comhairle: I would prefer Deputy The Ta´naiste made some changes at the Rabbitte to address topical issues. He was doing Cabinet this morning. Who has political responsi- well when he started but then went off the bility for this project? Who is in charge and can subject. we take it that she will investigate the short ten- der time involved and at least clarify that this pro- Mr. Rabbitte: I know that since the Ceann ject is not written with any individual or specific Comhairle got his present position, he would pre- supplier in mind? fer me to address matters in a certain manner. With all due respect, I will address the matter in The Ta´naiste: I suspect that the people who my own way. were in contact with Deputy Kenny have also been in contact with me. As a result of that, I An Ceann Comhairle: Standing Orders allow have ordered that the HSE must get the approval for a brief question and that—— of the Departments of Finance and Health and Children before it proceeds to tender on this pro- Mr. Rabbitte: I am sure the backbenchers ject. Any information project in the health area would tell the Ta´naiste—— which has not already been committed will have to go through a process of thorough evaluation. Mr. J. Brady: What about the money Deputy Now that we have a single organisation and Rabbitte made—— somebody with responsibility for information technology and extensive experience in the health An Ceann Comhairle: I ask Deputy Brady to area, single lines of accountability will hopefully allow Deputy Rabbitte without interruption. avoid situations where unnecessary public invest- ment is made in projects that do not satisfy our Mr. Rabbitte: ——the extent of concern that needs. exists about issues arising last week. I will Everybody would acknowledge that it is desir- instance from Deputy Johnny Brady’s own con- able to have a single site where information can stituency one of the many people who 341 Leaders’ 11 October 2005. Questions 342 approached me yesterday in fury about one tive. It was long overdue. This is one example, aspect of this matter, which is that it is not pos- among many others—— sible to find out what happened, why it happened and who is responsible. The Taoiseach entered Mr. McCormack: It is no better now. the House and denied all responsibility. He said it was not an information technology system, that The Ta´naiste: It is a lot better. I told the House the allegations were incorrect and misleading and last week when I became aware there were issues all they were doing was to try to add new ideas around the PPARS system. Obviously, it did not but that it went wrong. Nobody will admit what go to Cabinet. Every matter—— happened. What does the Ta´naiste know since she took Mr. Howlin: A \150 million—— over? How much of this debacle of \160 million was incurred on her watch and how much was the The Ta´naiste: The Estimates go to Cabinet. responsibility of her predecessor? Did the The Deputy knows that, he has been at the decision go to Government? Was the original Cabinet table. The health boards made the appli- decision made by Government? Who was in cation for the money to put in a payroll system. charge of the project? Who made the decision to continue with the expenditure? If the first phase Mr. Allen: The health boards had no involve- started out at \8.8 million, why did nobody shout ment in this decision. The Ta´naiste’s predecessor stop when it went to \18.8 million, \28.8 million, made the decision. \38.8 million or \98 million? Who is responsible? Was this matter ever brought back to Govern- An Ceann Comhairle: Sorry, Deputy, you are ment? If a decision was made to extend it from a not the leader of the Labour Party. payroll system to a human resource management system, who made that decision? Were the con- The Ta´naiste: They were given the money. An sultants, Deloitte & Touche, given an open-ended evaluation is being done both by the Comptroller cheque? Is there a contract with the company? and Auditor General and the Health Service Has the Ta´naiste seen the contract? What does Executive and the HSE will decide at its board the contract provide for? Was it open-ended in meeting in December whether to continue to roll that the company could send in any kind of out this system. It will be a matter for the execu- invoice it liked? tive having evaluated its requirements and whether this system can meet its needs but among An Ceann Comhairle: Deputy Rabbitte, your the difficulties, and I want to acknowledge them, time has concluded. is that there was no fixed price contract with the consultants. It appears that the more they Mr. Rabbitte: How many of its own people did worked, the more they got paid. There was no the company send in? How much did it cost to incentive in the contract for the consultants to deliver a particular project and get paid on the commission premises for them? How much did it basis of results, which should be normal. cost to produce newsletters? Who was monitoring this project? The Minister is in her position a Mr. J. O’Keeffe: Who agreed to that? year. Before it was decided to collapse this system, she must have established to her own satisfaction who is responsible for this situation. The Ta´naiste: That would be normal and it should be the case. I am not aware of the number of individuals from this consulting firm who Mr. J. O’Keeffe: What can the Ta´naiste say? worked on this project but I do know that the amount of money spent on consultancy in this The Ta´naiste: To answer Deputy Rabbitte’s project and in other projects is excessive. That is first point in regard to my colleague, Deputy why the Government decided today to put a new Martin, my predecessor as Minister for Health process in place across Departments in regard to and Children, a hospital information system was both consultancies and information technology. being rolled out in a number of hospitals in Cork, We all have to learn lessons from this experience. Tralee and elsewhere. The cost of that project When I became aware in July that there were was going to escalate to approximately \400 mil- concerns about this matter, I spoke to the Sec- lion and he put the brakes on it and refused to retary General in my Department. He met rep- give any more money towards it at the start of resentatives of the HSE and asked them, on my 2004. authority, to ensure that no more staff were put Regarding this particular project, as I said last working on this project pending its evaluation, week, it justified the idea of not having 11 differ- and he asked that the evaluation be completed ent health boards with 253 members, which was over the summer. It was completed and that was what we had to deliver health services, and dem- the evaluation that went to the board of the HSE onstrated the need for the Health Service Execu- last week. 343 Leaders’ 11 October 2005. Questions 344

Mr. J. Higgins: Did the Ta´naiste see the An Ceann Comhairle: The Deputy’s time has invoices? concluded.

An Ceann Comhairle: I remind the Ta´naiste Mr. Rabbitte: May I ask her about her state- that this is Deputy Rabbitte’s question and in ment that she will personally sign off on all con- fairness to Deputy Rabbitte, she should not sultancies in future? Does that mean she will per- answer any other Deputy’s questions. sonally monitor them? Does that mean that we now have a blurring of the lines between policy The Ta´naiste: Hay Management Consultants and operational executive action? Is that Govern- carried out a review of this matter in 2002 and ment policy or just Progressive Democrats said at the time, as the Deputy is aware, that what policy? I note that the Government decision of was envisaged in 1998 and 1999 at £9 million today to which she referred does not confirm any- would not be sufficient to do what was required thing along those lines. It states that Ministers and that it would be at least ten times greater will also have to confirm that any moneys spent than that. The mistake was that a business case on consultancy in their Departments is necessary was not made for this technology before we in time for next year’s Estimates. Apart from the embarked on the project. incompetent English, that does not change any- thing except that provision must be made in the Mr. Gormley: Who is responsible? Estimates, and some Minister cannot decide dur- ing the course of the year that he will award an The Ta´naiste: The regime that was responsible, open-ended contract to consultants. the health boards structure, has been abolished Is the Minister saying, because I find this and Deputy Gormley opposed its abolition. fantastic——

Mr. Gormley: The Ta´naiste is responsible. An Ceann Comhairle: Deputy, I ask you to conclude. You have got double the time allotted An Ceann Comhairle: Deputy Gormley, you to you. will leave the House if this continues. Mr. Rabbitte: What do you think, a Cheann Mr. Allen: The Ta´naiste is trying to insult our Comhairle, the Government decision of this intelligence. She is passing the buck. morning will do? The Government will bring in consultants to advise on the type of new system Mr. Rabbitte: Other than admitting that a busi- it should operate. The Government will also be ness case was not made for the decision in the able to bring in external expertise from the first place, the Ta´naiste has not dealt with any of private sector and internationally. That should the questions. put the tin hat on it.

Mr. McCormack: She cannot. Mr. Durkan: A new flavour.

Mr. Rabbitte: Who is responsible for this An Ceann Comhairle: Deputy Rabbitte, I ask matter? She cannot tell the House that the health you to give way to the Ta´naiste. boards decided that they would embark on this mission. That is not the way it happened. Why Mr. Rabbitte: Do I understand the Ta´naiste to does the Ta´naiste continue to state that if only have said in the reply that there was no contract she had known about all the differences in prac- that fixed any price with the consultants, Delo- tice between the 11 health boards this would not itte & Touche, or with the consultants brought in have happened and that this justifies the HSE? to monitor Deloitte & Touche, that it was open- How does it justify the HSE? If the health boards ended and that for as long as they could keep were still there, whatever their defects, it is sure claiming money, money would be paid out by that the alarm bells would have gone off before the State? they went off in this particular case, some seven years after the idea was originated. I am sure all An Ceann Comhairle: Deputy Rabbitte, if you of the Ta´naiste’s colleagues behind her agree are not happy with the Standing Orders I ask you with that. to complain. Everybody who was ever near a health board knows that there were different practices in Mr. Rabbitte: I am happy enough with them, different health boards, different rates of pay, Sir. You are the one with the difficulty. different systems and so on. Everybody knew that before this project was embarked on. Surely all The Ta´naiste: Deputy Rabbitte may have been of that should have been regularised before such aware of all the practices but very few other an engagement took place. The Ta´naiste has not people knew that we have 25,000 different work dealt with the question of responsibility. rosters. In some areas in the country, people 345 Leaders’ 11 October 2005. Questions 346 doing the same job work a different number of makes little or no difference in regard to abuse hours. of alcohol and that the environment must be shaped to control alcohol consumption? Mr. Rabbitte: The Ta´naiste should talk to one Will the Ta´naiste reverse her decision to aban- of the backbenchers. They all knew about it. don the alcohol products Bill and act on her pre- decessor’s recommendation to introduce that Ms Burton: Did the Ta´naiste ever speak to the legislation? Will she advise the Government to matrons or the nursing staff? introduce random testing as the previous Minister for Transport, Deputy Brennan, promised? Will The Ta´naiste: In some areas in the country a she implement the recommendations in the com- holy day of obligation was a bank holiday and mittee report, rather than the voluntary code? bank holiday rates were paid and so on. To What is going on between her and the drinks expect a computer code to reconcile all of that industry that is so set on this code, which we was expecting too much. know will make little or no difference?

Mr. J. O’Keeffe: The Ta´naiste gave the blank The Ta´naiste: Deputy Sargent is correct. cheque. Alcohol consumption is a serious problem. The issues, however, are wider than banning alcohol The Ta´naiste: Regarding consultancies, it is the advertising. case that as Minister for Health and Children I am accountable to this House for policy, legislat- Mr. Gormley: We know that. ive matters and so on in the Department of Health and Children, and the accounting officer The Ta´naiste: In manyother countrieswhere for the HSE is Professor Brendan Drumm, whose alcohol is widely advertised, perhaps even more position we provided for under the new legis- than here, drinking patterns are very differ- lation. If I am to answer in this House for the ent.Therefore we must deal with many of the cul- appointment of consultants, I want to be certain tural and educational aspects of this issue. that we are only using consultants where it is absolutely necessary. It is good practice, there- Mr. Sargent: The Minister is not doing that. fore, that a case would be made to me when we are not using the in-house expertise available in The Ta´naiste: The Government has decided to the Department. That will be good for the deal with the advertising of alcohol products by Department and as far as accountability is way of a voluntary code. If that does not work we concerned. will introduce legislation. It is a matter for every Minister to decide how he operates his own Department. It is not a Mr. Sargent: It will not work. How long will the matter for me to tell others what to do in that Government wait to find that out? regard. The Ta´naiste: Let us give it a chance and see. Mr. Sargent: According to reports by tribunals We should not be negative. It will work but if it of inquiry and by the Comptroller and Auditor does not we will bring in legislation. General the Government has given rise to some incredible litanies of mismanagement, mis- Mr. Sargent: My question has not been spending and sheer waste. I speak not only of the answered. The Ta´naiste did not say how long she waste of money but also of the waste of human will give to test this voluntary code. Does she life. understand the voluntary code is nothing new? It The Ta´naiste, as Minister for Health and Chil- appears the Ta´naiste has been duped by the dren, is aware of the report on alcohol misuse by drinks industry. It is regarded as acceptable for young people, published in June 2004 by the Joint 33% of people under the age of 18 to see adver- Committee on Health and Children. She is aware tisements for alcohol products on television. The too of a strategic report on the same issue. Government is playing Russian roulette with According to the report of 2004, the cost of children. alcohol abuse is \2.4 billion per annum. The The Ta´naiste knows from research in New report states that 80% of this cost could be Zealand and the United States that the earlier prevented if public policy measures were in place, children are exposed to alcohol and alcohol and includes a list of policy recommendations. advertising the worse the situation is. A third of Is the Ta´naiste serious about any of these 16 year olds binge drink every week and Irish recommendations, particularly the key points? girls have the worst record for female binge The Ta´naiste’s predecessor saw the light after drinking throughout Europe. Does the Ta´naiste years of strong but ineffective messages on ciga- realise she is presiding over a situation in which rette packets, and introduced measures to control our children are more and more being pickled in smoking. Does the Ta´naiste accept that education a sea of alcohol? 347 Requests to move Adjournment of 11 October 2005. Da´il under Standing Order 31 348

[Mr. Sargent.] Mr. Naughten: It is lucky someone is here. Will the Government put measures in place to I seek leave to move a motion for the adjourn- control the availability of alcohol? Will the ment of the Da´il under Standing Order 31 to dis- Ta´naiste ensure random testing is brought in cuss the following matter of public concern: the forthwith, as recommended by her ministerial need for the Minister for Agriculture and Food predecessors, and to which the drinks industry immediately to ban the importation of beef fol- willingly acceded? lowing the confirmation of foot and mouth dis- What is stopping the Ta´naiste and the Govern- ease within the Brazilian herd; if she will ensure ment introducing random testing and the alcohol that such a ban is implemented throughout the products Bill, which was promised? Does the EU to protect public health; and if she will out- Ta´naiste not act on the promises made in line the steps she is taking to ensure Ireland intro- Government? Will she implement the key recom- duces a clear and transparent food labelling mendations of the 2004 report, to which doctors regime. have agreed, as have Deputy Gormley and other Members of this House? Why is the Ta´naiste not Ms O. Mitchell: I seek leave to move a motion introducing those recommendations? The volun- for the adjournment of the Da´il under Standing tary code is nothing new and will not work. Order 31 to discuss the following matter of public concern: the inexorable rise in road traffic deaths, Mr. Gormley: Random testing—— eight this weekend and seven deaths last week- end; the latest EU figures revealing Ireland as the The Ta´naiste: My colleague, the Minister for only country with significant growth in road Transport, is responsible for random testing but traffic deaths and the need for urgent Govern- he must resolve legal issues first. Subject to those ment action from the Minsters for Justice, issues being resolved I strongly support this Equality and Law Reform and Transport. approach. Mr. F. McGrath: I seek leave to move a motion Mr. Gormley: It exists in other countries. for the adjournment of the Da´il under Standing Order 31 to discuss the following matter of public The Ta´naiste: Other countries do not have concern: the urgent need for the Government, our Constitution. and particularly the Minister for Defence, to ensure that Thomas Kenny and Joseph Mr. Gormley: It is not a human rights issue. Fitzpatrick, two Irish soldiers who survived the Other countries do not have our lobbyists. notorious Niemba massacre in the Congo in Nov- ember 1960, are given appropriate recognition, to An Ceann Comhairle: Deputy Gormley’s party urge the Minister to deal with this dark shadow leader is quite competent to deal with his own from the Congo mission and to ensure justice for questions. these two men and their families.

The Ta´naiste: Deputy Sargent makes a strong Mr. Boyle: I seek leave to move a motion for case for the greater programme in schools in the adjournment of the Da´il under Standing regard to alcohol. The new social and personal Order 31 to discuss the following matter of public health programme aims to help young people concern: that the Minister for the Environment develop self-esteem, be more confident and learn and Local Government make a statement to the to say “no”, and to address the role of parents. House on the deteriorating quality of drinking These issues are important. It is not simply a water, and its supply, in Ennis, County Clare; as matter of banning advertising by the industry. If less than confident information is being given to the voluntary code does not work we will legislate. the people of that town, urging that the very young and the very old should not consume this water and giving an extremely weak commitment Mr. Boyle: When? that the quality of the drinking water cannot be restored for another two years. Requests to move Adjournment of Da´il under Standing Order 31. Mr. Gormley: I wish to seek the adjournment An Ceann Comhairle: Before coming to the of the Da´il under Standing Order 31 to raise a Order of Business I propose to deal with a matter of national importance, namely the arrest number of notices under Standing Order 31. I will of Mr. Sean Garland of the Workers Party at the call the Deputies in the order in which they sub- weekend in Belfast by the PSNI and subsequent mitted. Is Deputy Cuffe in the House? The request for his extradition to the United States Deputy is not here. Is Deputy McManus in the and the need for the Government to ensure that House? The Deputy is not here. I call Deputy due process is followed in the assumption of inno- Naughten. cence until proven guilty. 349 Order of 11 October 2005. Business 350

Mr. Morgan: I wish to seek the adjournment of will it be a feature of Government that Ministers the Da´il under Standing Order 31 to raise a send six-page missiles to members of the RTE matter of national importance, namely the fact authority regarding programmes that they con- the Government failure to take the action neces- sider offensive to their egos or whatever? sary to curb greenhouse emissions will result in the State facing massive fines for failure to reduce An Ceann Comhairle: That does not arise on emissions output in line with Kyoto commitments the Order of Business. One cannot discuss the and the fact the State’s taxpayers and not the big content of what might be in the legislation. industrial polluters will end up carrying the resulting financial burden. Mr. Kenny: In that sense, can the Ta´naiste con- firm whether the Cabinet agreed that the Mini- Mr. Quinn: I wish to seek the adjournment of ster for Justice, Equality and Law Reform should the Da´il under Standing Order 31 to raise a send his six-page missile to each member of the matter of national importance, namely the arrest RTE Authority? of a citizen of the Irish Republic, Sean Garland, on Friday last while on a visit to Belfast on foot An Ceann Comhairle: That does not arise on of an extradition request conveyed by the US the Order of Business. I call the Ta´naiste on the Federal Government through its embassy in legislation. London, on which the PSNI subsequently acted, resulting in the arrest of Sean Garland, and his Mr. Kenny: Is that to be a feature of this being held in jail overnight, brought to court on Government, which might be suffering from Saturday morning and released on bail subject to slight paranoia regarding events to come? the condition that he must stay within the juris- diction of the UK with the consequent denial of An Ceann Comhairle: We cannot talk about his rights as an Irish citizen as the extradition laws what might be in the Bill. between Great Britain and the United States are less stringent than those of the Irish Republic. The Ta´naiste: I join Deputy Kenny in express- ing my sympathy and that of the Government to Ms McManus: I seek the adjournment of the the families of the young people who were so Da´il under Standing Order 31 to debate the fol- tragically killed over the weekend. It was an lowing urgent matter: the failure of the Minister awful tragedy indeed. for Health and Children to act on the review of The broadcasting authority Bill will arrive in the ambulance command and control centre that 2006. A traffic corps already exists, and the inten- called for the establishment of a joint ambulance tion is, as more gardaı´ emerge from training in control in Dublin in view of its findings that the Templemore, to increase numbers in it sub- current system represented a substantial identifi- stantially. able risk to the patient population of the greater Dublin area, and the need for the Minister to take Mr. Rabbitte: Like Deputy Kenny and the urgent steps to implement the report’s findings. Ta´naiste, I extend the condolences of my party to families involved in the awful tragedy at the An Ceann Comhairle: Having given the weekend. matters full consideration, I do not consider them I am also sure the Ta´naiste will join me in com- to be in order under Standing Order 31. mending the outstanding literary achievement of John Banville in winning the Man Booker prize Order of Business. yesterday. It was a splendid achievement by an The Ta´naiste: It is proposed to take No. 15, outstanding writer, and we should acknowledge Railway Safety Bill 2001 — Report Stage that. (resumed) and Final Stage. Private Members’ Is legislation contemplated or does the business shall be No. 42, motion re Irish Ferries. Ta´naiste believe any is necessary or does the Government have any plans to examine alle- An Ceann Comhairle: There are no proposals gations regarding lawyers double-charging in the to put to the House on the Order of Business. operation of the redress scheme?

Mr. Kenny: I know the House will express its An Ceann Comhairle: Is legislation promised? sympathy and condolences to the family members of the eight people who died on Irish roads last The Ta´naiste: I join Deputy Rabbitte in con- weekend and the seven who died the weekend gratulating John Banville on his fantastic before. When will the dedicated Garda traffic achievement. corps become a reality, something that has been I am not aware of the specific complaint and promised on several occasions? whether legislation is necessary if someone When is it expected that the broadcasting auth- double-charges for the same service, but I can ority Bill might be produced? Arising therefrom, take the matter up with the Minister for Justice, 351 Order of 11 October 2005. Business 352

[The Ta´naiste.] about it. He has a most unusual sense of humour. Equality and Law Reform and the Attorney Perhaps the Ta´naiste might indicate how General. seriously the Government takes this problem.

Mr. Rabbitte: The claim is that lawyers An Ceann Comhairle: I suggest that the operating the redress scheme are charging their Member submit a question to the appropriate clients out of their award despite already receiv- Minister. I call Deputy Quinn. ing moneys from the State. Mr. Connaughton: They have no answer to it. An Ceann Comhairle: We cannot discuss that on the Order of Business. Mr. Durkan: A quick snigger is all we get. Mr. Rabbitte: I accept that. An Ceann Comhairle: That was not in order, Deputy Connaughton. Mr. Sargent: The Green Party also congratu- lates John Banville. However, everything has been overshadowed by the tragedy in Donegal Mr. Quinn: The Ta´naiste may recall that I and the road deaths that are a cause of consider- asked her last week whether the Cabinet had able concern to us all. Action is required to agreed the text of the building control Bill. I put prevent more. the same question to her today. Does she have I wish to ask about legislation in the following any indication when she is likely to see it? regard. I received a telephone call from a land- lord who receives money from social welfare. The Ta´naiste: The answer remains the same.

An Ceann Comhairle: We must stick to the Caoimhghı´nO´ Caola´in: Legislation has been legislation; we cannot have a debate before—— promised to address the charges that were imposed on residents in long-term institutions. I Mr. Sargent: Regarding promised legislation, understand that there will be a repayment scheme rent supplement allowance is being paid into an for charges for publicly funded residential long- account, despite the fact that the tenant has left stay care Bill. When will that be published, given the house which has been sold. The owner con- that those who were overcharged must await the tinues to receive money in his account from the passage of that legislation and many are suffering State and the Department. hardship as a result?

An Ceann Comhairle: On the legislation, I call The Ta´naiste: We are working hard on that the Ta´naiste. legislation, which is a priority. Money will be pro- vided in the Estimates to be published next Mr. Sargent: When will the Social Welfare Bill month to make the payments next year. We hope be introduced, and will it address what seems like to publish it later this year. another departmental error that will be blamed on a computer? Caoimhghı´nO´ Caola´in: They will start then. The Tanaiste: It will be introduced this session. ´ The Ta´naiste: They have already processed 15,000 applications. Mr. Connaughton: Will the Cabinet discuss the health risk to Irish consumers from the foot and Mr. Naughten: As Deputy Connaughton said, mouth disease outbreak in Brazil this week? The Ta´naiste will be aware that a significant quantity there has been an outbreak of foot and mouth of meat is imported into this country each year. disease in Brazil.

An Ceann Comhairle: Has the Deputy a ques- An Ceann Comhairle: Does the Deputy have a tion on legislation? question appropriate to the Order of Business?

Mr. Connaughton: This is a serious and urgent Mr. Naughten: Yes. A significant problem in matter. that regard is the re-labelling of products from third countries. I understand that the Ta´naiste is An Ceann Comhairle: If the matter is serious sponsoring legislation on behalf of the Minister and urgent, there are ways of raising it in the for Agriculture and Food to introduce clear and House. transparent labelling on food used in the catering trade. Under what legislation will that come? Mr. Connaughton: I see that the Minister is When will it be introduced? Will the Ta´naiste laughing again. I assume he will tell the House ensure that this abuse is addressed as soon as that it is insignificant and that we should forget possible? 353 Order of 11 October 2005. Business 354

The Ta´naiste: I am doing that on behalf of the An Ceann Comhairle: The Chair will make no Minister for Agriculture and Food and it is expect commitments when the Deputy is being totally to be brought before the Government before disorderly. Christmas. Mr. S. Ryan: This issue will be raised at a Mr. Naughten: What legislation is it? later date.

The Ta´naiste: I believe it will be introduced Mr. Gormley: Two years ago, the then Minister under the medicines board legislation. for Transport, Deputy Brennan, promised to introduce legislation in regard to random breath Mr. S. Ryan: I would like to raise two issues testing. Why has this promise been on the Order of Business. When will the Water 5 o’clock broken? The spurious reason of legal Services Bill 2003 come before the relevant com- obstacles has been given. Is it not the mittee? Why was I denied the opportunity by case that this Government has sold out to the means of an adjournment debate to raise the pro- alcohol industry? That is the bottom line. posed regional treatment plant at Portrane? The Ta´naiste: The Minister for Transport An Ceann Comhairle: Both matters are out of informs me there are complex reasons for the order at this stage. The first question is a matter difficulties in this matter. for the committee concerned, and the second—— Mr. Gormley: Why should the issue be so com- Mr. S. Ryan: The Ceann Comhairle’s office and plicated? People are dying in traffic accidents as the Department of the Environment, Heritage a consequence of motorists’ alcohol consumption. and Local Government have tried to deny me the opportunity of raising this issue in the House. An Ceann Comhairle: Deputy Gormley should put down a question to the appropriate Minister. An Ceann Comhairle: The Deputy is welcome to come to my office to discuss the matter any Mr. Gormley: Why can these legal difficulties time. I call Deputy Gormley. not be resolved?

Mr. S. Ryan: My constituents are entitled to Mr. Cullen: There are constitutional issues to have the issue raised in the House and the Ceann consider. Comhairle and the Department cannot deny them that. Mr. Gormley: What are these constitutional issues? An Ceann Comhairle: I ask Deputy Sea´n Ryan to resume his seat. An Ceann Comhairle: Deputy Allen has been called. Mr. S. Ryan: No, it is an important issue. Mr. Cullen: Deputy Gormley will cry about An Ceann Comhairle: Yes, and it should be civil liberties if changes are made in this regard. raised in a proper way allowed for by Standing Orders. An Ceann Comhairle: I ask the Minister for Mr. S. Ryan: I asked for this to be raised on Transport to be silent and allow Deputy Allen the Adjournment when the Ceann Comhairle was to speak. away last week and was deprived of the opportunity. Mr. Gormley: What are these constitutional difficulties? An Ceann Comhairle: The Chair will be glad to discuss the matter with the Deputy if he wishes An Ceann Comhairle: I ask Deputy Gormley to come to his office. I have called Deputy to resume his seat. Gormley. Mr. Allen: I have yet to receive the information Mr. S. Ryan: The Department of the Envir- sought in a parliamentary question, for answer on onment, Heritage and Local Government did not the first day of this session, which was submitted want to discuss it. on 29 August.

An Ceann Comhairle: The Deputy is out of An Ceann Comhairle: This does not arise on order. I have called Deputy Gormley. the Order of Business.

Mr. S. Ryan: Will the Ceann Comhairle review Mr. Allen: Last week I was told it was a matter this matter? for the Adjournment. 355 Order of 11 October 2005. Business 356

Mr. Howlin: I wish to make a point of order. Mr. Durkan: There is no responsibility for anything. Mr. Allen: I submitted it for the Adjournment debate but was refused. How can I get this infor- An Ceann Comhairle: Deputy Boyle has been mation from the Minister for Justice, Equality called. and Law Reform? Mr. Howlin: I want to know from the Ceann An Ceann Comhairle: Deputy Howlin wishes Comhairle—— to make a point of order. An Ceann Comhairle: We will not have this Mr. Howlin: It is linked to Deputy Allen’s type of disorder on the floor of the House where question. I wrote to the Ceann Comhairle last Deputies raise issues they are not entitled to raise week—— on the Order of Business.

An Ceann Comhairle: That is not a point of Mr. Howlin: There is no point tabling questions order. if the Government refuses to be accountable to the House. Mr. Howlin: I ask the Ceann Comhairle to listen to the point so he may guide me in dealing An Ceann Comhairle: The Deputy is being with this matter. In regard to the transfer of a totally disorderly. question on insurance that I tabled—— Mr. Howlin: I am not. The Ceann Comhairle An Ceann Comhairle: This does not arise on has a responsibility in this matter. the floor of the House. An Ceann Comhairle: The Deputy is being dis- Mr. Howlin: May I finish my sentence? orderly. The Chair has ruled on the matter.

An Ceann Comhairle: As I suggested to Mr. Howlin: Will the Ceann Comhairle Deputy Sea´n Ryan, the Chair will be delighted to respond to my question? discuss any problems Members may have. An Ceann Comhairle: The Chair has already Mr. Howlin: I wrote to the Ceann Comhairle answered. a week ago but have had no reply. I tabled an oral question—— Mr. Howlin: Will the Ceann Comhairle respond to my letter? Then there will be only one An Ceann Comhairle: This will not be dis- course of action for the House to take. cussed on the floor of the House. Mr. Boyle: Last week on the Order of Business Mr. Howlin: May I finish the sentence? I asked the Taoiseach about secondary legislation in regard to the ability of fee simples to be pur- An Ceann Comhairle: No. The matter raised chased to acquire State property at reduced by the Deputy is not a point of order. prices. There were two attempts at emergency legislation in this regard in the last session. The Mr. Howlin: The Ceann Comhairle has not Taoiseach undertook to return with information heard the point of order. as to whether the Government plans either sec- ondary legislation or further emergency legis- An Ceann Comhairle: It is not a point of order. lation to ensure this loophole is closed. However, The Chair has ruled on the matter and Deputy I have received no further information. Boyle has been called. The Ta´naiste: I must return to the Deputy on Mr. Howlin: I tabled a question to the Depart- this as I am not familiar with the matter. ment of Enterprise, Trade and Employment which was transferred to the Department of Mr. Boyle: That is the answer I got last week. Transport. The Ta´naiste: The information the Deputy An Ceann Comhairle: If the Deputy has a seeks will be conveyed to him as soon as possible. problem in regard to this question, the Chair will follow it up and communicate with him on the Mr. Gormley: This is ridiculous. There is no issue. accountability, only arrogance.

Mr. Howlin: The Department of Transport told Mr. Howlin: The Government knows it will get me today it has no responsibility for the matter. away with such behaviour. 357 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 358

Ms McManus: In the greater Dublin area we Mr. M. Higgins: On the occasion of its 25th are lucky to have excellent staff to provide emer- anniversary U´ dara´s na Gaeltachta stated it would gency services. However, there is a structural welcome the conferral of additional powers. Will problem with regard to the emergency services the U´ dara´s na Gaeltachta Bill be brought before which puts patients at risk. the House in this session or this year?

An Ceann Comhairle: Does the Deputy have a The Ta´naiste: That legislation will be brought question on legislation? forward next year.

Ms McManus: Yes. I hope the Ta´naiste and Mr. Durkan: When will the Minister for Minister for Health and Children will take the Communications, Marine and Natural Resources, opportunity to deal with this serious issue. The Deputy Noel Dempsey, push through legislation Health Bill 2004 provides for the establishment to control Internet spam and, in particular, to of the health information and quality authority. increase the penalties for spam perpetrators? Is Must we await the enactment of this Bill before it possible that such legislation could be rushed the structural problems in the ambulance service through as a matter of urgency? I see concern in the greater Dublin region are resolved? written all over the faces of those Members on the Government Front Bench. I refer to No. 36 The Ta´naiste: The two are not related. That on the Order Paper. legislation will be enacted next year. The Ta´naiste: That legislation will be brought Mr. J. Higgins: Today’s OECD report recom- forward next year. mends we should all work until the age of 85 or more. This would make the Ceann Comhairle Mr. Durkan: It will be another information into a Methuselah by the time he were to leave. technology project for the Government. Is this a plot by the Progressive Democrats to eliminate the need for nursing homes? Railway Safety Bill 2001: Report Stage An Ceann Comhairle: That is not relevant to (Resumed). the Order of Business. Bill recommitted to Committee Stage. Mr. J. Higgins: We will all be tottering onto construction sites at the age of 85 rather than Debate resumed on amendment No. 82: looking forward to retirement. In page 47, line 30, after “commissioner” where it secondly occurs to insert “, the Chief Mr. Durkan: Why stop at 85? Investigator”. —(Deputy Cullen). Mr. J. Higgins: Does the Ta´naiste plan to further change the legislation on pensions to a An Ceann Comhairle: Amendment No. 82 is more negative extent than she did last year in being discussed with amendments Nos. 84 and 85. this regard? Minister for Transport (Mr. Cullen): Amend- The Ta´naiste: I am struggling to live, never ment No. 82 relates to assessors who would assist mind work, until I am 85 years of age. We will all a tribunal of inquiry into a railway accident in its do well to live to the age of 85. I assure the work. An assessor would typically be an expert in Deputy that the Progressive Democrats Party has railway safety or some aspect of it, or perhaps a no influence whatsoever over the OECD. No legal expert. I propose in amendment No. 82 that legislation is planned in this area. the chief investigator should also be qualified to be an assessor. He or she may well be the best Ms Burton: There is a \63 million swimming qualified for such a function. pool in my constituency which faces a fragile and On Committee Stage, Deputy Naughten pro- uncertain future. The Government has promised posed some restrictions on who should be eligible the Abbotstown sports campus development to chair a tribunal of inquiry into a railway acci- authority Bill for several years. The Taoiseach dent. To ensure the impartiality of the chair promised me two weeks ago that it was ready. beyond question, I propose therefore to go However, it is now the second week of October further than Deputy Naughten suggested. and we have still not seen it. Moreover, we are Amendments Nos. 84 and 85 propose that all told the Minister for Finance is busy pulling the serving staff of the commission and investigation plug on the entire project. Will the Ta´naiste tell unit, including the commissioner and chief inves- us what is happening? tigator, should be barred from chairing a tribunal. All serving and former staff of the railway under- The Ta´naiste: That Bill will be published dur- taking involved in the accident should also be ing this session. barred from the chair. In addition, any other per- 359 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 360

[Mr. Cullen.] Amendment agreed to. son with a conflict of interest should be barred. This may include some former staff of the Mr. Cullen: I move amendment No. 89: commission. In page 49, line 25, to delete “Commission” Amendment agreed to. and substitute “Investigation Unit”.

Ms Shortall: I move amendment No. 83: Amendment agreed to. In page 48, line 1, after “oath” to insert “or Section 64, as amended, agreed to. affirmation”. The purpose of this amendment is to clarify the SECTION 65. position regarding affirmations. When I have tabled similar amendments in the past, the rel- Mr. Cullen: I move amendment No. 90: evant Minister has claimed the issue is dealt with In page 49, lines 27 and 28, to delete by the Interpretation Acts. That is not the case. “Commission” and substitute “Investigation The Interpretations Act does not say what every- Unit”. body seems to imply. It provides that an oath includes affirmation for persons entitled by law to affirm. However, there must be a legal entitle- Amendment agreed to. ment which is what we are seeking in this amend- ment. Recently, the Minister for Justice, Equality Section 65, as amended, agreed to. and Law Reform conceded that point during a debate on another Bill. Section 66 agreed to.

Mr. Cullen: I thank the Deputy for the amend- Amendment No. 91 not moved. ment. I can accept it. Section 67 agreed to. Ms Shortall: I thank the Minister. SECTION 68. Amendment agreed to. An Ceann Comhairle: Amendment No. 92, Mr. Cullen: I move amendment No. 84: amendment No. 1 to amendment No. 92 and amendments Nos. 93 to 99, inclusive, are related In page 48, lines 5 and 6, to delete “a com- and will be discussed together. missioner or former commissioner,”. Mr. Cullen: I move amendment No. 92: Amendment agreed to. In page 50, line 19, after “Minister” to insert the following: Mr. Cullen: I move amendment No. 85: “and after consultation with the Council, In page 48, line 8, after “expertise” to insert railway undertakings, organisations which the following: represent staff of railway undertakings and “but does not include a serving com- such other persons as in the opinion of the missioner, Chief Investigator, or member of Commission may be relevant”. the staff of the Commission or Investigation This group of amendments relate to the power of Unit, any person who is or was a member of the commission to make regulations. On Commit- the staff of a railway undertaking involved in tee Stage, having debated Deputy Shortall’s the incident, or any person who, in the amendment No. 51, my predecessor agreed the opinion of the Minister, has an actual or commission should consult with railway under- potential conflict of interest”. takings and railway unions before making regu- lations under section 68. I am now providing for Amendment agreed to. that in amendment No. 92. I am also providing that the railway safety advisory council should be Amendment No. 86 and 87 not moved. consulted and anybody else who may be relevant. This will allow for wide consultation and result in Section 63, as amended, agreed to. better quality regulations. I, therefore, invite the Deputy to withdraw her Report Stage amend- SECTION 64. ment which provides for similar matters. Orig- inally it was her amendment. Mr. Cullen: I move amendment No. 88: In page 49, line 23, to delete “Commission” Mr. Shortall: I thank the Minister for taking and substitute “Investigation Unit”. those amendments on board. 361 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 362

Amendment No. 1 to amendment No. 92 not ensure safety. The primary duty of care under this moved. Bill is placed where it rightfully belongs on the railway undertaking. This principle is enshrined Amendment No. 92 agreed to. in the EU railway safety directive adopted in 2004. A railway undertaking knows best the con- Amendment No. 93 not moved. dition of its infrastructure and trains. I would expect it to demonstrate to the commission in its An Ceann Comhairle: Amendment No. 94 has safety case that its inspection and maintenance already been discussed with amendment No. 92. regimes are appropriate to the condition of its Ms O. Mitchell: I did not discuss it. When was infrastructure and trains. it discussed? In regard to paragraph (c) of Deputy Mitchell’s amendment, my amendment No. 95 allows the An Ceann Comhairle: Amendments Nos. 92 to commission to make regulations restricting the 99, inclusive, were debated together. number of standing passengers in trains. In regard to paragraph (d ) of the Deputy’s amendment, I Ms O. Mitchell: May I discuss it now? would expect a railway undertaking to be able to demonstrate in its safety case that the working An Ceann Comhairle: Yes. patterns of its safety critical staff do not contrib- ute to an increasing risk on the railway. In Ms O. Mitchell: I move amendment No. 94: addition, the Minister for Enterprise, Trade and In page 50, between lines 22 and 23, to insert Employment last year made regulations SI 817 the following: of 2004 extending the maximum 48 hour working week to transport workers—— “(b) requirements for the maintenance and inspection of railway infrastructure, rail Ms O. Mitchell: I was not aware of that. track, permanent way and rolling stock, (c) the maximum carrying capacity for Mr. Cullen: ——in line with the amended EU both passenger and freight trains, working time directive. On that basis I ask the (d) the maximum hours of work and the Deputy to withdraw the amendment. minimum hours of rest for safety critical staff,”. Amendment, by leave, withdrawn.

This section provides that the commission be Mr. Cullen: I move amendment No. 95: given the power to make regulations in a number of areas important to rail safety. What I am seek- In page 50, between lines 24 and 25, to insert ing is that the commission be allowed make regu- the following: lations in respect of the maintenance and inspec- “(c) requirements or restrictions relating tion of railway infrastructure, the permanent way, to the management of passengers and other rolling stock and the rail track. It is strange that persons on railway property, including in aspect appears to have been omitted from the relation to persons standing in trains, the Bill. Also the commission should be allowed placing of luggage in trains, and emergency make recommendations on the maximum number evacuation from trains,”. of hours people would work on railways. There are similar issues in the area of aviation. I under- stand that for some reason, traditionally, this has Amendment agreed to. been omitted from rail safety legislation. It appears to me that it should be included in a new Mr. Cullen: I move amendment No. 96: Bill and also the maximum carrying capacity. There is a point beyond which trains might be In page 50, line 27, after “training”, to insert considered to be overpacked either with freight the following: or passengers. Will the Minister respond to “and requirements on railway undertakings these points? to facilitate staff holding positions before the entry into operation of such regulations in Mr. Cullen: In regard to paragraph (b)of achieving any required level of training, com- Deputy Mitchell’s amendment No. 94 I am reluc- petency or qualification,”. tant to allow the commission make regulations in regard to such matters. It would be a very pre- scriptive approach to tell railway undertakings Amendment agreed to. how often they should inspect and maintain their infrastructure and trains. Railway undertakings An Ceann Comhairle: Amendment No. 97 in are in the best position to know how often such the name of Deputy Mitchell has already been inspections and maintenance need to be done to discussed with amendment No. 92. 363 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 364

Ms O. Mitchell: The amendment has not been An Ceann Comhairle: The Deputy will be sup- discussed. plied with a list of the groupings.

An Ceann Comhairle: The Chair said we were Ms O. Mitchell: I have three of them at this taking amendments Nos. 92 to 99, inclusive, stage. together. Mr. Cullen: The list has not changed. I am still Ms O. Mitchell: The Chair did not give me an on the original one. opportunity to speak on them. This is the first opportunity I have had. Ms O. Mitchell: The Minister is all right. He has plenty of people pointing out when he must An Ceann Comhairle: Deputy, I read out on speak and what he has to say. the first round—— Mr. Cullen: I was trying to be helpful. Mr. O. Mitchell: I understand that but now is my opportunity to speak. Ms O. Mitchell: I move amendment No. 97: An Ceann Comhairle: The Deputy was allowed In page 50, between lines 37 and 38, to insert to speak on amendment No. 94. The Deputy the following: should have contributed on amendment No. 92 “(h) requirements to avoid accidental and discussed—— obstruction of railway infrastructure by road vehicles by establishing—— Ms O. Mitchell: I am contributing on amend- ments Nos. 92, 93, 94 and 95. (i) criteria for the apportionment of responsibility and cost of improvements to An Ceann Comhairle: No. When amendments be made at locations where roads meet, are being taken together they are discussed cross or run close to railways, together. They are not taken seriatim when they (ii) guidelines on enhanced risk assess- are grouped. Does the Deputy have a list of the ments and physical measures to reduce groupings? risk of vehicles accidentally leaving the road and obstructing railway infra- Ms O. Mitchell: I have several lists of structure, groupings. (iii) reporting mechanisms to identify An Ceann Comhairle: The list of groupings will relevant information on incidents involv- show the Deputy that amendments Nos. 92 to 99, ing vehicles, which obstruct railway infra- inclusive, were taken together. structure,”.

Ms O. Mitchell: When did we discuss them? I want to make a case for this amendment, which refers to situations— An Ceann Comhairle: The Minister proposed them and then Deputy Shortall came in. When An Ceann Comhairle: I ask the Deputy to we got to amendment No. 94 you pointed out that stand when she is making a contribution. you did not have an opportunity to discuss them. The Deputy did not offer at that stage, so the Ms O. Mitchell: Is that necessary on Commit- Chair took her intervention at the first available tee Stage? I want to make a case for this amend- opportunity. ment, which refers to situations where there is an interface between the railway and roads infra- Ms O. Mitchell: We can discuss it now or on structure. It aims to regulate the situation in some Report Stage, but I think it is sharp practice. way where, for instance, there may be a dispute or even unwillingness by either party to accept An Ceann Comhairle: I suggest that we can dis- responsibility for safety improvements that may cuss amendments Nos. 97 to 99, inclusive, now. need to be made. The amendment seeks some system to dictate how boundary treatments are Ms O. Mitchell: I only want to discuss my organised, as well as reporting, collating and amendment briefly. recording accidents. This area is completely unregulated. I do not know if the Minister is An Ceann Comhairle: The Deputy may do so, aware that in Dublin trucks are constantly dam- but we are not going to take them seriatim. From aging railway bridges when they come into con- here on, we will have to go by the groupings. tact with them. This issue is likely to become even more prevalent if super-cubes are to be allowed Ms O. Mitchell: Can somebody point out to me on to our city streets. The regulation of this area which is the latest edition of the groupings? needs to be tightened up. 365 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 366

Mr. Cullen: We share the same view on those Section 70 agreed to. trucks. I certainly do not want those super-cubes here. SECTION 71.

Ms O. Mitchell: I do not suggest otherwise. It Mr. Cullen: I move amendment No. 100: is the one issue on which I agree with the Taoiseach. In page 51, between lines 34 and 35, to insert the following: Mr. Cullen: As regards paragraph (i) of Deputy “(4) Whenever the Minister, or such other Olivia Mitchell’s amendment No. 97, section 23 Minister of the Government as the case may of the Transport (Miscellaneous Provisions) Act be, makes, modifies or revokes any instru- 1971 makes a provision concerning the apportion- ment of the costs of upgrading works at a level ments under the statutory provisions crossing between the railway undertaking and the referred to in subsection (1), or publishes local authority. Section 92 of the Bill before the proposals for legislative change concerning House, as passed in committee, makes provision railway safety and related matters, he or she concerning the responsibility of any person carry- shall, at the same time, cause copies of any ing out works on a public road near a railway. recommendations of the Commission under As regards paragraph (ii) of Deputy Olivia subsection (1)(c) or arising from the Com- Mitchell’s amendment No. 97, section 92(4), as mission’s consideration of proposals under passed in committee, already provides the com- subsection (3), to be laid before each House mission with power to prepare and publish guide- of the Oireachtas.”. lines on works on public roads that may affect On Committee Stage my predecessor accepted, in the safety of a railway infrastructure. The interim commission is currently preparing these guide- principle, Deputy Naughten’s amendment No. 55 lines to be ready for adoption by the commission which proposed that recommendations from the on its establishment. I hope that is helpful to the commission to the Minister regarding this Bill Deputy. after its enactment or relating to proposed legis- lation affecting the commission, should be laid Ms O. Mitchell: I thank the Minister and with- before the Oireachtas. I have addressed the issue draw the amendment in that case. in this amendment, which requires me or any other Minister concerned to lay before each Amendment, by leave, withdrawn. House of the Oireachtas any recommendations concerning existing or proposed statutory pro- Section 68, as amended, agreed to. visions affecting the carrying out of the com- mission’s functions under this Act. This will allow SECTION 69. the Oireachtas to be fully informed as to the rel- An Ceann Comhairle: Amendment No. 98 has evant background to any legislative changes. I am already been discussed with amendment No. 92. happy to take amendment No. 55 into consider- ation. It is a good one. Mr. Cullen: I move amendment No. 98: Amendment agreed to. In page 50, line 43, after “may,” to insert the following: Section 71, as amended, agreed to. “with the consent of the Chief Investigator, and”. SECTION 72.

Amendment agreed to. An Ceann Comhairle: Amendment No. 101 has already been discussed with amendment No. 57. An Ceann Comhairle: Amendment No. 99 has already been discussed with amendment No. 92. Mr. Cullen: I move amendment No. 101: Mr. Cullen: I move amendment No. 99: In page 52, line 36, to delete “subject to In page 50, line 43, after “Minister” to insert section 73(6),”. the following: “, the Minister for the Environment, Heri- Amendment agreed to. tage and Local Government”. An Ceann Comhairle: Amendment No. 102, in Amendment agreed to. the names of the Minister and Deputy Shortall, has already been discussed with amendment No. Section 69, as amended, agreed to. 36. 367 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 368

Mr. Cullen: I move amendment No. 102: Section 72, as amended, agreed to.

In page 52, lines 39 and 40, to delete “either SECTION 73. alone or in the presence of any other person, as he or she thinks fit,”. An Ceann Comhairle: Amendment No. 104 has already been discussed with amendment No. 5. Amendment agreed to. Mr. Cullen: I move amendment No. 104: An Ceann Comhairle: Amendment No. 103 has In page 54, lines 46 and 47, to delete already been discussed with amendment No. 36. “purposes of an investigation under section 57” and substitute “purpose of exercising his or her Mr. Cullen: I move amendment No. 103: function under this Act”. In page 53, between lines 42 and 43, to insert the following: Amendment agreed to. “(4) A person who is being interviewed under subsection (3)(k) or section 73 may, if Amendment No. 105 not moved. he or she requests—— An Ceann Comhairle: Amendment No. 106 has (a) where the person is a member of the already been discussed with amendment No. 57. staff of the railway undertaking or a per- son engaged by the undertaking, be Mr. Cullen: I move amendment No. 106: accompanied—— In page 55, to delete lines 4 to 13. (i) by one other member of the staff of the railway undertaking, or of the Amendment agreed to. person engaged by the undertaking, (ii) by one other person from an Section 73, as amended, agreed to. organisation which represents, as the case may be, the staff of the undertaking Sections 74 and 75 agreed to. or the person engaged by the under- taking, or SECTION 76. (iii) at his or her own expense, by a An Ceann Comhairle: Amendments Nos. 107 legal or other adviser, to 109, inclusive, are related and may be discussed or together by agreement. (b) where the person is not a member of Mr. Cullen: I move amendment No. 107: the staff of the railway undertaking or a person engaged by the undertaking, be In page 57, between lines 7 and 8, to insert accompanied, at his or her own expense, the following: by a legal of other adviser. “(5) In considering an appeal against an (5) The sole function of a person permit- improvement notice, the Court shall take ted to accompany another person in accord- into account the general duties of railway undertakings and others under sections 36 ance with subsection (4) shall be the pro- and 37.”. vision of advice to the person being interviewed. On Committee Stage there was considerable dis- cussion of Deputy Naughten’s amendments Nos. (6) A person permitted to accompany 63 and 65, which proposed that commercial con- another person in accordance with subsection siderations would not be grounds for an appeal (4) shall, if directed by the inspector con- against an improvement or prohibition notice. cerned, desist from doing anything which, in Deputy Olivia Mitchell raised a related amend- the opinion of the inspector, frustrates the ment today. While I have much sympathy with orderly and efficient conduct of the Deputy Naughten’s proposal on Committee interview.”. Stage, it would be inappropriate to impose restrictions on what a person could plead before Amendment No. 1 to Amendment No. 103 the courts. However, I have examined the Bill to not moved. see if there is some workable and practical means of giving the appropriate weighting to commer- Amendment No. 2 to amendment No. 103 not cial and safety considerations in the Bill, given moved. the imperative requirements attaching to safety. I propose to address Deputy Naughten’s concerns Amendment No. 103 agreed to. through my amendments Nos. 107 and 109. These 369 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 370 amendments will require a judge or jury, in con- This is a technical amendment to correct a draft- sidering an appeal against an improvement or ing error. prohibition notice, to take into account the safety imperative implied in the duties imposed in Amendment agreed to. sections 36 and 37 of the Bill, as passed in com- mittee. Section 36 places a duty on a railway Section 81, as amended, agreed to. undertaking to ensure the safety of persons in the operation of its railway in so far as is reasonably SECTION 82. practicable. Section 37 places a duty on others to ensure that a person is not exposed to danger on Mr. Cullen: I move amendment No. 111: a railway by their actions or omissions, again in In page 62, between lines 38 and 39, to insert so far as is reasonably practicable. the following: Deputy Olivia Mitchell’s amendment No. 118 proposes that a railway undertaking may not con- “(v) the nature and mix of expertise, skills sider cost when complying with its duty under and experience that is desirable in a candi- section 36. Ultimately, under the provisions of date for appointment as a commissioner, this section it will be a matter for a judge or jury and”. to decide what it is reasonable for a railway undertaking to do in a particular circumstance to Amendment agreed to. ensure safety. Nobody can give an absolute guarantee of safety in anything we do. As a Section 82, as amended, agreed to. society we decide that there is a reasonable risk on a daily basis. NEW SECTIONS.

Ms O. Mitchell: I thank the Minister for clarify- An Ceann Comhairle: Amendments Nos. 112 ing the situation. I have given the matter con- to 119, inclusive, and Nos. 124 to 144, inclusive, siderable thought and as the general duties of the and amendments Nos. 1 and 2 to amendment No. railway undertaking transcend commercial con- 144 are related. Amendments Nos. 120 to 123, siderations, the matter would be decided by a inclusive, are alternatives to amendment No. 112. court. As the Minister says this is the only reason- Amendment No. 1 is consequential. It is pro- able expectation we could have and I will not posed to discuss amendments Nos. 112 to 144, press my amendment. inclusive, and amendment No. 1 together.

Amendment agreed to. Mr. Cullen: I move amendment No. 112: In page 63, to delete lines 14 to 43, to delete Amendment No. 108 not moved. pages 64 to 70 and substitute the following: Section 76, as amended, agreed to. “PART 9 INTOXICANTS AND PERSONS WORKING SECTION 77. ON RAILWAY INFRASTRUCTURE 83.—This Part comes into operation on such Mr. Cullen: I move amendment No. 109: day or days as the Minister may appoint by In page 59, between lines 2 and 3, to insert order either generally or with reference to any the following: particular purpose or provision and different days may be so appointed for different pur- “(6) In considering an appeal against a poses or different provisions.”. prohibition notice, the Court shall take into account the general duties of railway under- This is a fundamental and important issue. I takings and others under sections 36 and would like to make a number of introductory 37.”. remarks regarding the new Parts 9 and 10 which are before the House. My predecessor announced on Committee Stage the intention to introduce Amendment agreed to. criminal sanctions for workers found to be intoxi- cated while working on the railway. The then Section 77, as amended, agreed to. Minister had earlier signalled on Second Stage his intention to look at this area by inviting Deputies Sections 78 to 80, inclusive, agreed to. to submit their views on the issue. Since the announcement on Committee Stage, the advice SECTION 81. of the Attorney General and of the Office of the Director of Public Prosecutions has been Mr. Cullen: I move amendment No. 110: obtained. Consultations have also taken place In page 62, line 2, to delete “or” where it with railway unions, Iarnro´ dE´ ireann and the secondly occurs and substitute “of”. Luas operator, Connex. 371 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 372

[Mr. Cullen.] Part 9 which provides for similar matters. I also It is a general societal view that drug and propose a new Part 10 which provides for matters alcohol use is a significant problem and it is clear relating to criminal offences for intoxication that any use of intoxicants by safety critical while working on a railway. The new Part 10 also workers represents potential for significant oper- provides for certain other matters withdrawn on ational risk. My Department has sought infor- Committee Stage, namely, offences for careless mation on the position in other jurisdictions and and dangerous working on a railway and require- while no uniform approach to managing the use ments regarding medical fitness for safety critical of drugs and alcohol by safety critical workers on work on a railway. railways exists, many European countries, includ- ing the UK, have made it a criminal offence to Ms O. Mitchell: I know that my colleague, be intoxicated while working on the railway. In Deputy Naughten, raised many concerns when a number of countries the railway undertakings these amendments were introduced on Commit- themselves, recognising the inherent dangers of tee Stage. However, as I am satisfied that the intoxicant abuse, have introduced, as part of their Minister has now taken on board those concerns, internal procedures, provisions which provide for I am very happy to support him. These changes testing for drugs and alcohol. Nearer to home, are necessary and I believe the required safe- Connex, the operator of the Luas system, has pro- guards now exist. vision for random testing and subsequent dis- Several different terms are used in respect of ciplinary actions built in to workers’ contracts. the person carrying out sampling. For example Other examples are as follows. In the United the terms “authorised person” and “suitably States, legislation has been in place since 1991 qualified” are used. In other cases “medical prac- that provides for drug and alcohol testing on a titioner” is mentioned. Is it absolutely clear that random basis covering all transportation workers. an authorised person is a medical practitioner? The US annual drug and alcohol testing rates for The section states that an authorised person 2004 in respect of the Federal Railroad Admini- involved in sampling should receive training as stration was 25% for drugs and 10% for alcohol. determined by the undertaking. In Sweden, random testing is carried out by an independent body on behalf of the railway under- Mr. Cullen: The person must be a medical prac- takings. Each station is tested on average four titioner. times a year. In Northern Ireland, a voluntary code of con- Ms O. Mitchell: Why would a railway under- duct exists in Northern Ireland Rail which pro- taking train such a person? vides for random testing of drugs and alcohol. An offence can result in dismissal as can a refusal to Mr. Cullen: The person could be in for the take the test. In France, internal company pro- first time. cedures provide for testing for drugs and dis- missal is an option for the company if a safety Ms O. Mitchell: Certain protocols might need critical worker is found to be intoxicated. to be put in place. In New South Wales, the 2002 Rail Safety Act requires rail operators to implement a drug and Mr. Cullen: The protocols regarding sampling alcohol program. The independent transport would need to be agreed. safety and reliability regulator can conduct ran- dom drug and alcohol testing of rail safety Ms O. Mitchell: I am happy to support the workers at any work site. I hope it will be clear amendments. that I have given careful thought and consider- ation to this matter before presenting the pro- Ms Shortall: On the last day we discussed how posals before the House for amendment of the the Minister proposed dealing with the legis- Bill regarding intoxicants. lation. As we know the Bill was published in I want to signal at this point that the new pro- 2001. Last year when we eventually got around to visions, particularly as regards sampling for drugs taking Committee Stage, we had the most inept in Part 9, are based on a partnership approach. handling of legislation I have ever witnessed. The Bill requires that the sampling procedures, After Deputy Naughten and I, along with others, code of conduct and support services must be had put considerable time into the Committee drawn up in consultation with unions and staff Stage discussion, one morning the Minister’s pre- representatives and must be approved by the new decessor arrived with a new Part 9 and Part 10 independent railway safety commission provided which we had never seen before. In spite of our for in the Bill. best efforts to block it, he pressed ahead. It then I propose to delete the present Part 9 of the took the intervention of David Begg at the most Bill which provides for matters relating to senior level in Government to stop it, which is internal company sampling and disciplinary pro- how the legislation was stalled for the past year. cedures for intoxicants and to substitute a new It is important to remind ourselves about the mis- 373 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 374 handling of that matter by the previous Minister Power, appeared on television last week, for Transport, Deputy Brennan, which led to the however, and clearly knew nothing about the delay of a minimum of 12 months and was no way matter nor had any plans to do anything about to do business. I recognise that discussions have it. Similarly the Ta´naiste, when asked about the taken place in the interim. matter during the Order of Business last week, It is important to remember there is no history knew nothing about it. of intoxicant use or abuse within the railways. In It is unfair to target one particular group of none of the accidents was the cause found to be workers. If random testing is to be introduced, it related to intoxicants of any kind. We must recog- should be introduced across the board. The Mini- nise that and give due credit to those working on ster frequently notes constitutional and other our railways through the years who have main- legal problems with regard to introducing random tained a high work standard. From the way the testing for drivers yet he has no difficulty in intro- former Minister, Deputy Brennan, spoke on the ducing it for railway workers. Every excuse in the matter, one would imagine it was a huge problem, book is produced to explain why the Minister has but there is no intoxicant history there with not introduced random testing on the roads. Let regard to accidents. We should thank people for us apply the testing evenly to all, across the their commitment in that regard. board. Many of the concerns we had when this Bill I hope the Minister will indicate his intentions. was sprung on us last year by the then Minister, It is one thing to set down targets in a safety Deputy Brennan, arose because it contained no strategy but quite another to do something about clear definitions. It was very loose in terms of them and ensure that the area is given priority, who would have access to the samples that could So far, there is no indication from the Depart- be taken and in terms of the definitions. I wel- ment that the Minister is personally taking up the come the fact that this has been tightened up to issue or making any attempt to champion it. some extent, and that those areas which have not Given his responsibility for road safety, this is an been tightened are subject to discussions on pro- area where priority should be given. I welcome tocols, code of conduct and so on. the Minister’s view and ask him to make a clear It is difficult for anyone to object to the notion statement as to his intentions, and the timescale of public transport workers being subject to ran- involved. dom testing because, clearly, a major safety issue There are serious issues involved in Part 10 of is involved. However, it is a little rich to hear the the Bill with regard to criminalising what we Minister talk today of other countries where would call carelessness. I have some concerns there is random breath testing among many about definitions. The section has certainly been different groups of transport workers. The Mini- improved in so far as the offences apply to every- ster and his predecessor have consistently one working in a railway undertaking whereas opposed any attempt or calls to introduce random previously, management was not deemed to have breath testing for road users. Notwithstanding any role or responsibility in the area. However, I what he said about Connex, no other group of am concerned about the definition of careless- workers in the transport area is subject to ran- ness. The penalties are very severe and I wonder dom testing. if we are clear on whether there is potential for Any night of the week, one can see very busy management, perhaps, or someone who has it in car parks at any pub. People are in the pubs for for a particular worker or group of workers to lengthy periods of time and it is quite clear to scapegoat someone on the basis of something as all of us that considerable numbers of people are simple as failure to tie one’s shoe-lace adequately. driving cars after imbibing intoxicants. There Could that be deemed to be carelessness, and seems to be no political will to tackle the issue. thus liable to be a criminal offence? There is We see road carnage on a regular basis, very some danger that people could be singled out, often as a result of drink driving. perhaps people who for one reason or another Some months ago the Minister had an oppor- were not popular with management because of tunity to redress this by means of the Road activities in which they were involved. Under the Traffic Bill, when I proposed an amendment to proposals before us it would be easy enough to provide for the introduction of random breath frame someone. I would like to know what safe- testing for drivers. He voted against it. On a guards the Minister will put in place to ensure number of occasions he has said he has faced this does not happen. difficulties, is awaiting legal advice and is getting various messages from the Attorney General, yet Mr. Crowe: I support many of the points made nothing has been produced. by Deputy Shortall, particularly with regard to The Minister’s predecessor promised that ran- random testing, my main area of concern. The dom testing was on the way. It was part of the Bill refers to giving a person the power to oblige road safety strategy and is a clear target in the employees to provide samples and refers to “rea- current road safety strategy for introduction by sonable grounds for suspicion”. From outside, it 2006. The Government spokesperson, Deputy seems reasonable to discuss such matters, but as 375 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 376

[Mr. Crowe.] and schools. Commonly used drug tests have we know the difficulty is that there has been a yielded false positive results of between 10% and poisoned relationship in the railway sector 30%, according to the ACLU. between management and many of the workers. I do not believe there is a problem with drug There has been a public perception and a worry and alcohol abuse in the rail industry. There is that this element of the Bill would be used by a probably a bigger problem with driver fatigue and less than perfect management as a tool of harass- people being forced to work long hours. Perhaps ment or bullying. This concern has been the Minister will explain the partnership expressed to me. approach further. It appears that this section has Random drug and alcohol tests are a violation delayed the Bill. I welcome the fact that there are of civil rights. The Minister mentioned the ongoing discussions with the unions on this workers in Connex but the only other workers matter because people have a genuine concern whom I know of who are subject to such tests are that we are moving into new territory. I do not those in the Defence Forces. I am uncomfortable know where this move originated. I await the with this. I was also uncomfortable with the fact Minister’s comments. that the last Minister for Transport was pushing the notion of this random testing. As other speak- Mr. Cullen: I appreciate the responses of the ers noted, there is no evidence to suggest that in Deputies. Lest Members consider this to be spec- the past 30 years, drugs or alcohol have been ific to railway safety critical workers, the Safety, involved in any railway accident. That is not to Health and Welfare at Work Act 2005 contained say there might be such involvement in the future the same provisions that are being introduced but it seems odd that this legislation supposedly today. This is happening across the system in all had to be rushed through. The issue of random types of work. In general, Deputies appear to testing seemed to jump out at one. I did not get believe we have taken the concerns on board, an answer from the Minister as to his reasons for notwithstanding whatever issues arose as Deputy its proposed introduction. Shortall outlined previously. Knowing my col- I object to random testing because of the league, I do not believe there was any malice thought process behind it. Such testing is invasive, aforethought. Perhaps it was just an effort to try and doubt hangs over its effectiveness. Driver and include it. fatigue is a bigger issue but it did not arise in any That debate threw up key issues and, as of the discussions. It certainly was not raised by Deputies said, we have reflected on them. It is a the Minister. However, people who work in this partnership approach. I appreciate the concerns area regularly talk about the long hours involved. workers have about their rights, and they are Random drug testing removes the assumption right to have them. We have had much discussion of innocence because the person subjected to the in working out the protocols surrounding this and test must prove he is innocent by providing a I believe we have reached a point of general satis- clear sample. Where random drug testing is car- faction on the issue. ried out, the person giving the sample is forced to I wish to answer the question Deputies Shortall strip and urinate into a cup in the presence of an and Mitchell raised about random breath testing. observer to prevent cheating. I welcome the fact The difference between rail and road random that the Minister has in mind a partnership testing can be outlined as follows. I have received approach with the unions and I hope that is not advice on how the weighting is done with regard the type of random testing that will be under- to individuals on roads. Irish Rail, a service pro- taken. It would create major difficulties and vided or funded by the State, employs approxi- human resources problems. mately 5,500 staff, of whom approximately 3,800 Random drug testing can also disclose infor- work on safety critical tasks. These employees are mation of a personal medical nature. It can responsible for the safe movement of over 35 mil- inform an employer if an employee is on medi- lion passengers each year. On the roads, driving cation for a heart condition, epilepsy or other ill- is an individual responsibility for each person. nesses. It can also reveal if a female employee is The issue of proportionality arises with the intro- pregnant, even if she is unaware of it and might duction of random testing. not want to be aware of it. These are genuine and The Attorney General has advised that in the legitimate privacy concerns and the legislation case of random testing for safety critical staff on has not taken sufficient account of them. the railways, the proposed random testing pro- The test, if it produces a positive result, pro- vision would withstand constitutional scrutiny on vides no evidence of present intoxication or the basis that the balance struck between the impairment. It merely indicates that a person may private rights of individuals and those of the have taken a drug at some time in the past. This greater public is proportionate. This is a funda- issue arose in the United States. The American mental issue we must deal with on the introduc- Civil Liberties Union has carried out a great deal tion of random breath testing in the sense men- of research on this issue in the face of attempts tioned by Deputy Shortall. Deputy Olivia to spread random drug testing into the workplace Mitchell has also raised this in the past. 377 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 378

Under the Road Traffic Acts, gardaı´ are a proposal to achieve it. If we find a proposal we empowered to check all drivers involved in road believe to be workable, I will be happy to seek collisions or detected committing any traffic the Deputies’ thoughts on it even before proceed- offence, in addition to having the power to ing with it. demand a test of a driver who, in the opinion of a garda, has consumed alcohol. We are way ahead Ms Shortall: It is hard to accept that it is so of other countries in that. difficult to do this. I accept Deputy Shortall’s point in that I would rather get this item off the agenda, one way or Mr. Cullen: It has fallen apart in some coun- another. I cannot sustain a position of giving the tries. It was tried but failed. I will forward that impression that I do not want to do anything information to the Deputy. about this. However, as both Deputies are aware, given that their parties have been in Government, Ms Shortall: It seems extraordinary that it one cannot come to the House with a provision, cannot be introduced unless on a targeted basis. regardless of the issue, unless one has legal advice If that is the core of legal advice and the basis that it will stand. Road traffic legislation is prob- for the Minister’s approach, then the next cate- ably the most often challenged legislation in the gory of people would be bus and coach drivers, courts and there is no question that if we intro- taxi drivers and so on. When, if ever, would it be duce random breath testing it will be challenged. applied to individual drivers? I am not worried about that but I cannot know- ingly introduce a measure that has almost no Mr. Cullen: I apologise to the Deputy if I gave chance of success in the courts. That is the that impression because, notwithstanding the position. logic of the Deputy’s response, that is not what There have been a number of proposals aimed I said. at overcoming the proportionality issue and ideas are being examined. Some of them make sense in Ms O. Mitchell: It may be targeted rather certain ways but in others they do not. I would than random. like to reach a conclusion on this issue. For the present, I have a formula backed up by legal cer- Mr. Cullen: To avoid any misunderstanding, I tainty that this has a good chance of success. Even was referring specifically to road users in general. though we know this legislation will probably be There must be some form of proportionality challenged it is worth legislating for on the basis applied. Some options have been that we believe it is robust enough to withstand 6 o’clock suggested but I do not know if they a legal challenge in the courts. At present, the are a good or a bad idea and I won- introduction of random breath testing in an der how some of them would provide a solution. untargeted way would, I am told, be unlikely to I do not wish to give the Deputy the impression withstand a court challenge. that when I spoke about proportionality I was That is the position. There is no reticence on doing so in the comfort zone of picking out my part. I am not a legal practitioner and I am groups; I was talking specifically in reference to a not trying to shift the blame but to resolve the solution about a general group. issue. I want to be able to tell the House whether something cannot be done or what is the best that Ms Shortall: Is the Minister referring to pro- is achievable according to the legal advice. We portionality in respect of the level of risk and the are trying to narrow it to a couple of issues and I numbers of people involved? He referred to the thank the officials and the legal personnel in the numbers of people being driven by train drivers. Attorney General’s office for their assistance with this. Members can see where it breaks down, Mr. Cullen: No. I was referring to the train dri- and this is a good example. Given the responsi- vers as an example of a good, solid reason. They bility in this area and the proportionality are responsible for transporting 35 million people involved, it is likely that the balance is struck in and the proportionality stands up in this case. doing it and this would have a good chance of With regard to individuals, such as car drivers, I withstanding a court challenge. At the moment, am informed it is probably impossible to intro- the advice is that simply random breath testing duce random breath testing, with which we would everybody who has an individual responsibility all be in favour. From recollection, constitution- would be most unlikely to withstand a court chal- ally it has not been possible in other countries lenge. On that basis, I cannot put it before the and it has failed in countries where it has been House with any confidence. That is the bind in attempted. It is a question of how to approach which I find myself. the issue. Do other issues arise within that group- I am being open with the Deputies. I am reach- ing which can be tackled? I do not wish to say ing the point where I would like to say either that more because it is then regarded as something as far as I am concerned, it is off my watch that will be done and that is not the way to hold because I cannot resolve this issue or that I have a debate. 379 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 380

[Mr. Cullen.] Office of the Attorney General has the monopoly I will be happy to consider other options and of wisdom in this area. to discuss the legal advice I have received and try to move the issue forward. There is not a way of Mr. Cullen: I accept the point made by the legislating for it to be done on an open-ended Deputy. There is no question that any legislation basis. will be challenged in the courts. The first person caught under the random breath testing will go to Ms Shortall: This is a very pressing national the courts immediately as is their right. I do not issue and it is one of the two main contributing wish to introduce a measure which has no chance factors to road fatalities. There is cross-party of success and will result in an undermining of agreement that this problem needs to be tackled the road safety strategy and possibly other things. and many people are making a sincere effort to grapple with it. The Oireachtas Joint Committee Ms Shortall: The Minister should allow us read on Transport will be dealing with this issue next the legal advice. week and a number of people have been invited to speak on the subject. The Minister has also Mr. Cullen: Much of the advice is delivered agreed to meet the committee in a few weeks’ orally in discussions of whether a method would time. be possible or be a success. The advice is given orally rather than the production of tomes of The Minister has referred to and quoted his responses. I have put the principles involved legal advice from time to time. Is he prepared to clearly to the House in this debate this afternoon make this legal advice available to the Oireachtas and I have done so in the past and provided Joint Committee on Transport because it seems examples. I will consider the point made by the to be the main stumbling block? The political will Deputy but I will not go any further. exists, as does the social acceptance of the need to do something about drink driving and, by and Ms O. Mitchell: Is there a difference in law large, the media would be supportive of such between random breath testing to detect whether action. The main stumbling block is the legality or not a person has been drinking and random of the action or the legal pitfalls involved. If these speed testing with a roadside speed gun? have been examined and outlined to the Minister by the Office of the Attorney General, I ask that Mr. Cullen: It is a good point but I am not a as a contribution to the debate, he would make lawyer. that legal advice available to the committee for its meeting tomorrow week because it would be Ms O. Mitchell: I merely wonder whether there helpful to the national debate. is an answer.

Mr. Cullen: I hope the Deputy can see that I Mr. Cullen: I do not know the answer to that am engaged with this issue and on which I have question. Given that there is random speed test- had many discussions. It would be worth dis- ing but not random breath testing, I suspect there cussing the legal advice with the committee but I are fundamental differences. will refer to the Office of the Attorney General on that matter. Ms O. Mitchell: Even the speed testing is con- stantly being challenged. Ms Shortall: One does not need a fait accompli Mr. Cullen: I agree with the Deputy but it is so in everything. We seldom have an open debate far, so good. about things. It is accepted that this is a national issue which needs to be tackled. I acknowledge Ms Shortall: I apologise for returning to this the Minister’s declaration of his good intentions issue but it has been kicked to touch for many in this regard and that it is a serious issue. It years and after all the talk we should endeavour seems he has been provided with extensive legal to bring it to some kind of fruition. The House advice. As a contribution to this debate and in an does not know the legal principles and difficulties effort to move the debate forward, will the Mini- relating to this issue. Apart from discussing the ster publish that advice and let the House know issue of proportionality, we do not know about about the problems? I suggest we all take legal other difficulties which may exist. advice on this matter and present our proposals for the Minister’s consideration. Why is it neces- Mr. Cullen: That is the core issue. sary to wait until everything is finalised and the Minister has presented his final proposal? There Ms Shortall: Will the Minister allow the House is a sense of urgency about this issue and much read the legal advice? There is a general percep- interest in it. He should put his legal advice in the tion among the public that a close association public domain and we can take it from there. The exists between Members of this House and the Minister should accept that neither he nor the publicans’ lobby and this point is often made 381 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 382 regarding members of the Minister’s party. A amended under section 87(10)2 and number of Members of this House are publicans. accepted by the Commission under The longer it takes for any action at Government section 87(5). level, the more cynical the public become and the more they believe there is a vested interest and Amendment agreed to. the political will to do anything about it is absent. The Minister seems to be kicking to touch Mr. Cullen: I move amendment No.114: again today. I have asked him a straight question. The joint committee will consider this issue next In page 63, between lines 13 and 14, to insert week. I ask the Minister to provide the House the following: with the legal advice in order to help the debate. 85.—(1) This Part applies to a railway If the Minister kicks to touch it is difficult to undertaking (other than a heritage railway) blame people for being sceptical about whether which operates railway infrastructure or the Government has the political will to tackle operates trains on a railway infrastructure this serious social problem. I implore the Minister where such infrastructure is used, or to give favourable consideration to my request intended to be used, wholly or partly for the and to produce the legal advice in time for the carriage of members of the public or freight. committee meeting tomorrow week. (2) This Part does not apply to a railway Amendment agreed to. undertaking which operates railway infra- structure or operates trains on a railway Mr. Cullen: I move amendment No. 113: infrastructure, where such infrastructure is used or intended to be used solely for indus- In page 63, between lines 13 and 14, to insert trial use. the following: (3) This Part applies to a safety critical 84. (1) In this Part— worker.”. “analysis” includes any operation used in determining the presence (if any) of a drug Amendment agreed to. in a specimen of blood or urine, and cog- nate words shall be construed accordingly; Mr. Cullen: I move amendment No.115: “analysis body” means a person who, in In page 63, between lines 13 and 14, to insert the opinion of a railway undertaking con- the following: cerned and the Commission, is competent 86.—(1) It is the duty of a safety critical to carry out an analysis of a sample and worker and is deemed to be a term of his or is independent of the railway undertaking her contract of employment or contract of concerned and of any other railway services (whether made before or after the undertaking; passing of this Act) with a railway under- “authorised person” means a person taking or with a person who has a contract appointed to be an authorised person of services with a railway undertaking— under section 94; (a) not to perform a safety critical task “code of conduct” means the code of con- while being unfit, duct drawn up by a railway undertaking (b) not to make himself or herself avail- under section 87(1)(a) or amended under able to perform a safety critical task by section 87(10) and accepted by the Com- attending at work while being unfit, mission under section 87 (5); (c) not to do anything that is an offence “drug” includes all drugs whether legally under section 96, obtained or otherwise; and “railway undertaking” means a railway undertaking to which this Part applies; (d) to comply with the railway under- taking’s code of conduct and sampling “safety critical task” has the meaning procedures. assigned to it in Part 10; (2) It is the duty of a railway undertaking “safety critical worker” has the meaning to take reasonable steps to ensure that a assigned to it in Part 10; safety critical worker complies with his or “sample” means the provision of a speci- her duties under subsection (1). men of blood or urine in accordance with (3) In this section, “unfit“ has the meaning sampling procedures; assigned to it in section 96.”. “sampling procedures” means procedures established under section 87(1)(b) or Amendment agreed to. 383 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 384

Mr. Cullen: I move amendment No. 116: consequences of failing, without reason- able excuse,to give such sample, In page 63, between lines 13 and 14, to insert the following: (c) the means of sampling, 87. (1) Subject to subsection (2), in order (d) the location where a sample may be to fulfil its duty under section 86(2), a rail- taken, way undertaking shall, in consultation with organisations which represent the staff of its (e) analysis of a sample by an analysis undertaking— body, (a) draw up a code of conduct for safety (f) privacy in relation to sampling, critical workers to be observed by each of (g) procedures for the protection of the them while at work in relation to integrity of a sample, intoxicants, (h) division of any specimen of blood (b) establish sampling procedures in and urine into 2 parts and provision of one relation to the provision of samples under part to a person being sampled, section 88 by safety critical workers while at work or following a railway incident, (i) a certificate to prove the results of and the analysis of a sample and presumption as to the accuracy of the results of the sam- (c) provide counselling and other assist- ple so certified, and ance (in this Part referred to as “support services”) to safety critical workers on the (j) grievance procedures in relation to request of such workers or in respect of sampling. such persons who fail to comply with (4) A railway undertaking shall, within 6 section 86(1) in order to assist those per- months of the commencement of this Part or sons to comply with that subsection in the such further period, at the discretion of the future. Commission, being not more than 12 months (2) Without prejudice to the generality of from such commencement, submit to the subsection (1)(a), a code of conduct shall Commission for its acceptance drafts of a include provisions— code of conduct, sampling procedures and details of support services to be provided. (a) providing for the course of action (including dismissal, termination of con- (5) The Commission shall issue a notifi- tract, suspension, demotion,prohibition on cation in writing accepting a code of conduct, working at the undertaking or performing sampling procedures or details of support specified safety critical tasks or mandatory services submitted under subsection (4) attendance at counselling) to be taken where the Commission is satisfied that— where a safety critical worker— (a) it is sufficient to enable the railway (i) has failed to comply with his or her undertaking to discharge its duty under duties under section 86(1), section 86(2), and (ii) has failed, without reasonable (b) the undertaking has adequately con- excuse, to provide a sample under sulted with organisations which represent section 88 or comply with sampling pro- the staff of its undertaking. cedures under this section, or (6) Where the Commission is not satisfied (iii) is convicted of an offence under with any draft code of conduct, sampling Chapter 2 of Part 10, procedures or details of support services sub- and mitted to it under subsection (4), the Com- mission shall notify in writing the railway (b) providing for procedures relating to undertaking of its dissatisfaction and the appeals under section 89. reasons for the dissatisfaction, and the rail- (3) Without prejudice to the generality of way undertaking, on receipt of a notification subsection (1)(b), sampling procedures shall under this subsection shall, before resubmit- provide for—— ting to the Commission, within such period as may be specified to it by the Commission, (a) matters relating to the circumstances the code, sampling procedures or details, in which sampling may be undertaken take the action necessary to address the under section 88, reasons stated in the notification and shall (b) the caution to be given to a safety consult with organisations which represent critical worker who is required under the staff of its undertaking in relation to the section 88 to provide a sample, as to the said matters. 385 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 386

(7) On service of a notification from the who is performing a safety critical task or Commission under subsection (6), a railway who has made himself or herself available undertaking shall, within 6 months of the to perform a safety critical task by date of the notification, ensure that the code attending at work, has a drug in his or her of conduct and sampling procedures are body to such an extent that he or she is in adopted and implemented and support breach of his or her duty under section services are provided. 86(1), (8) A railway undertaking shall take (b) where a railway incident occurs and reasonable steps to ensure that the code of he or she is of the opinion, or on the conduct, sampling procedures and details of request of an inspector who is of the support services provided by it and an opinion, that abstract of this Part are displayed in a promi- (i) the safety critical worker con- nent place in the undertaking and brought to cerned was performing or had perfor- the attention of safety critical workers. med a safety critical task on the railway (9) A railway undertaking shall give a copy infrastructure, or on the train, involved of the code of conduct, sampling procedures with the incident, or or details of support services provided by it to a safety critical worker upon the request (ii) the safety critical worker con- of that worker. cerned failed to perform a safety critical task expected of him or her, on the rail- (10) A railway undertaking may amend a way infrastructure, or on a train, code of conduct drawn up, sampling pro- involved with the incident, cedures or details of support services pro- vided by it, in consultation with organisations or which represent the staff of its undertaking, (c) for the safe operation of the under- and subsections (4) to (9) shall apply to any taking, at random and in circumstances such amendment or alteration with such that are reasonable, where that worker is modifications as are necessary. performing a safety critical task or has (11) A railway undertaking to which this made himself or herself available to per- Part and section 94 apply, shall, within 3 form a safety critical task by attending at months of the end of each year, make a work. report to the Commission on the implemen- (2) Only a medical practitioner may take tation by it of the measures provided for in a specimen of blood or be provided with a this Part and Part 10. The report shall con- specimen of urine. tain such particulars as the Commission may direct. (3) It is the duty of a safety critical worker if a requirement to provide a sample is made (12) The Commission shall, within 2 of him or her under subsection (1), unless he months of receipt of a report under subsec- or she has reasonable excuse, to provide the tion (11), publish details of the report, but sample. without giving information of a personal, confidential or prejudicial nature. (4) While a safety critical worker is at a hospital as a patient, he or she shall not be (13) The Commission shall, before pub- required to provide a sample unless the lishing details of a report in accordance with medical practitioner in immediate charge of subsection (12), lay a copy of those details his or her case has been notified by an auth- before each House of the Oireachtas. orised person of the proposal to make the requirement and Amendment agreed to. (a) if the requirement is then made, it shall be for the provision of a sample at Mr. Cullen: I move amendment No. 117: the hospital, but In page 63, between lines 13 and 14, to insert (b) if the medical practitioner objects, the following: on the ground that the requirement would 88.—(1) An authorised person may be prejudicial to the proper care and treat- require a safety critical worker to provide a ment of the patient, the requirement shall sample of blood or urine, in accordance with not be made. the sampling procedures of the railway (5) A sample provided to an authorised undertaking concerned person under this section shall be sent by him (a) where he or she is of the opinion, or or her to an analysis body for the purposes on the request of an inspector who is of of analysing the sample for drugs and the the opinion, that a safety critical worker, analysis body shall issue a certificate to the 387 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 388

[Mr. Cullen.] (ii) failed without reasonable excuse, authorised person in relation to the results of to comply with his or her duty to the analysis. provide a sample under section 88, (6) An analysis body may charge the rail- or way undertaking concerned a fee in respect (iii) contravened subsection (6), of any analysis made and certificate issued by it under subsection (5). it shall decide the course of action to be taken (including dismissal, termination of (7) The results of any analysis under sub- contract, suspension, demotion, prohibition section (5) in respect of a sample taken on working at the undertaking or working at under this section shall, at the request of the safety critical tasks, or mandatory attendance Investigation Unit, be given to it by the rail- at counselling) in accordance with the code way undertaking for whom it was made for of conduct. the purposes of an investigation by the Unit under section 57.”. (3) A safety critical worker who is the sub- ject of a disciplinary hearing under this Amendment agreed to. section may represent himself or herself or be represented by another person at the Mr. Cullen: I move amendment No. 118: hearing. In page 63, between lines 13 and 14, to insert (4) Where a railway undertaking imposes the following: any sanction against a safety critical worker as a result of a hearing under this section, it 89. (1) Where an authorised person makes shall afford the worker an opportunity, at his a complaint to the management of the rail- or her choice, to appeal to it or to such other way undertaking which appointed him or person or persons nominated by the under- her that taking against the sanction. (a) a safety critical worker has been con- (5) A person nominated under subsection victed of an offence under Chapter 2 of (4) shall be independent of the undertaking Part 10,or and shall not be a member of its staff or con- (b) in his or her opinion, a safety critical nected to it or be a member of the staff of or worker has connected to another railway undertaking. (i) failed to comply with his or her (6) A safety critical worker shall not take duty under section 86(1), or attempt to take any action with the inten- tion of frustrating disciplinary measures (ii) failed without reasonable excuse under this section. to comply with his or her duty to provide a sample under section 88, Amendment agreed to. or (iii) contravened subsection (6), Mr. Cullen: I move amendment No. 119: the railway undertaking concerned shall In page 63, between lines 13 and 14, to insert the following: (c) in the case of a complaint under paragraph (a), satisfy itself as to the fact of 90. In any disciplinary hearing under that person’s conviction, and if the code section 89 or in any proceedings, a certifi- of conduct so provides, inquire at an oral cate, issued under section 88(5), purporting disciplinary hearing into the circumstances to be signed by a person employed or of that conviction, and engaged in the analysis of samples provided under section 88(1) 2 at an analysis body, (d) in the case of a complaint under stating the capacity in which the person is so paragraph (b), satisfy itself as to the facts employed or engaged and stating any one or and circumstances of the matter at an oral more of the following, namely disciplinary hearing. (a) that the person received the sample (2) Where, in accordance with subsection sent under section 88 (5) to the analysis (1)(c) or (d), a railway undertaking is satis- body, fied that a safety critical worker (b) that, for such period as is specified (a) has been convicted of an offence in the certificate, the person had in his or under Chapter 2 of Part 10,or her custody the sample so sent, (b) has (c) that the person gave to such other (i) failed to comply with his or her person as is specified in the certificate the duty under section 86(1), sample so sent, 389 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 390

(d) that the person carried out the Amendment agreed to. analysis of the sample, and (e) the results of the analysis, shall, Mr. Cullen: I move amendment No. 125: unless the contrary is shown be evidence In page 71, before line 1, to insert the of the matters stated in the certificate. following: 92.—(1) In this Part— Amendment agreed to. “analysis” includes any operation used in Question, “That section 83 stand part of the determining the concentration of alcohol Bill”, put and decided in the negative. in a specimen of breath, blood or urine, and any operation used in determining the An Leas-Cheann Comhairle: Amendment No. presence (if any) of a drug or drugs in a 120 cannot be moved. specimen of blood or urine, and cognate words shall be construed accordingly; Amendment No. 120 not moved. “Bureau” means Medical Bureau of Road Safety; Question, “That section 84 stand part of the Bill”, put and decided in the negative. “designated” means designated by a member of the Garda Sı´ocha´na; An Leas-Cheann Comhairle: Amendment No. “prescribed” means prescribed in regu- 121 cannot be moved. lations made by the Minister; Amendment No. 121 not moved. “safety critical task” means a task speci- fied in paragraph (i), (ii) or (iii) when per- Question, “That sections 85 to 87, inclusive, formed in the course of the operation of a stand part of the Bill”, put and decided in the railway undertaking, and negative. (a) in the course of a person’s employ- ment with the undertaking, An Leas-Cheann Comhairle: Amendment No. 122 cannot be moved. (b) under a contract of services with the undertaking, Amendment No. 122 not moved. (c) in the course of a person’s employ- ment with a person who has a contract Question, “That section 88 stand part of the of services with the undertaking, or Bill”, put and decided in the negative. (d) voluntarily or otherwise, namely An Leas-Cheann Comhairle: Amendment No. (i) driving a train, or in any other 123 cannot be moved. way controlling or affecting the move- ment of a train, Amendment No. 123 not moved. (ii) controlling, affecting or manag- Question, “That sections 89 to 91, inclusive, ing, the movement of persons on a stand part of the Bill”, put and decided in the train, on a platform, across a level negative. crossing, or, the boarding of, or alight- ing from, a train of persons, or Mr. Cullen: I move amendment No. 124: (iii) working in a maintenance capa- In page 71, before line 1, to insert the city (as defined in subsection (2) or as following: a supervisor of, or look-out for, per- PART 10 sons working in such capacity; OFFENCES BY PERSONS WORKING “safety critical worker” means a person ON RAILWAY INFRASTRUCTURE who performs a safety critical task. Chapter 1 (2) For the purposes of this Part and Part 9, a person works in the course of the oper- Preliminary ation of a railway undertaking in a mainten- 91. This Part comes into operation on such ance capacity, if his or her work in the oper- day or days as the Minister may appoint by ation involves installation, maintenance, order either generally or with reference to repair, alteration or inspection of, railway any particular purpose or provision and infrastructure or trains, or involves coupling different days may be so appointed for or uncoupling trains or performing a pre- different purposes or different provisions. departure examination of trains. 391 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 392

Amendment agreed to. (6) A statement by an employee involved in the management of the railway under- Mr. Cullen: I move amendment No. 126: taking concerned that, a warrant of appoint- In page 71, before line 1, to insert the ment as an authorised person was furnished following: to a particular person, and such person had received training and instruction which, in 93. (1) A member of the Garda Sı´ocha´na the opinion of the undertaking concerned, may enter railway property for the purposes provided appropriate guidance to such per- of enforcing this Part. son in the performance by him or her of a (2) A member of the Garda Sı´ocha´na may function under this Part or Part 9, shall, until request a railway undertaking to stop a train the contrary is proved, be sufficient evidence at a convenient and safe location for the pur- in any proceedings of the fact of, the fur- poses of this Part. nishing of such warrant to such person, receipt by him or her of such training and (3) In exercising a power under subsection instruction, and the making of the statement (2), a member of the Garda Sı´ocha´na shall by an employee so involved in the take all reasonable steps to avoid disruption undertaking. to the operations of the railway undertaking concerned. (7) A warrant furnished by an undertaking under subsection (5) shall be in such form and contain such particulars as may, from Amendment agreed to. time to time, be specified by the Commission. Mr. Cullen: I move amendment No. 127: (8) Subject to the Fire Services Act 1981, In page 71, before line 1, to insert the an authorised person shall have unhampered following: access to a railway incident site for the pur- 94. (1) This section applies to a railway poses of this Part and Part 9. undertaking (other than a heritage railway) which operates railway infrastructure or (9) Subject to the Fire Services Act 1981, operates trains on a railway infrastructure a railway undertaking shall, for the purposes where such infrastructure is used, or of this Part and Part 9, ensure that an author- intended to be used, wholly or partly for the ised person appointed by it has unhampered carriage of members of the public or freight. access to any railway property under its man- agement or control. (2) This section does not apply to a railway undertaking which operates railway infra- (10) An authorised person may be structure or operates trains on a railway referred to by the undertaking concerned by infrastructure, where such infrastructure is such title as it decides. used, or is intended to be used, solely for industrial use. Amendment agreed to. (3) A railway undertaking to whom this section applies shall appoint persons whom Mr. Cullen: I move amendment No. 128: it, with the consent of the Commission, con- In page 71, before line 1, to insert the siders are suitably qualified to be authorised following: persons for the purpose of performing func- Chapter 2 tions under this Part and Part 9, on its behalf. Intoxicants (4) An authorised person is not entitled to perform a function under this Part or Part 95. (1) The Bureau shall perform the func- 9 unless he or she has received training and tions assigned to it by this Chapter. instruction, which, in the opinion of the (2) In particular, and without prejudice to undertaking concerned, is such as will the generality of subsection (l), the Bureau provide appropriate guidance to him or her shall arrange for in the performance of the function. (a) the receipt and analysis of specimens (5) An authorised person, shall, on his or of blood and urine forwarded to the her appointment under this section, be fur- Bureau under this Part and the issue of nished by the railway undertaking concerned reports on such analyses, with a warrant of his or her appointment as an authorised person and when performing (b) the determination, in respect of such any function conferred on an authorised per- specimens, of the concentration of alcohol son under this Part or Part 9, shall if in the blood or urine and of the presence requested by any person affected, produce (if any) of a drug or drugs in the blood or such warrant to that person for inspection. urine, and 393 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 394

(c) the issue of certificates required being under the influence of an intoxicant to under this Chapter to be issued by the such an extent that his or her ability to per- Bureau. form a safety critical task, without exposing (3) The Director shall exercise a person (including himself or herself) to general supervision in relation to the danger or risk of danger, is for the time performance by the Bureau of the func- being impaired. tions assigned to it by or under this Chapter. Amendment agreed to. (4) No action or other legal pro- Mr. Cullen: I move amendment No. 130: ceedings lie (except in the case of wilful neglect or default) against the Director In page 71, before line 1, to insert the or any member, officer or employee of following: the Bureau by reason of, or arising out 97. (1) Where an authorised person or a of, any analysis or determination under member of the Garda Sı´ocha´na is of the this Part. opinion—

Amendment agreed to. (a) that a safety critical worker, who is performing a safety critical task or who has Mr. Cullen: I move amendment No. 129: made himself or herself available to per- form a safety critical task by attending at In page 71, before line 1, to insert the work, following: (i) has consumed intoxicating liquor, 96. (1) A safety critical worker who per- or forms a safety critical task, or who makes himself or herself available to perform such (ii) is committing or has committed an a task by attending at work, while being offence under section 96, unfit, is guilty of an offence. (b) where a railway incident occurs, that (2) A safety critical worker who performs (i) a safety critical worker was per- a safety critical task, or who makes himself forming or had performed a safety criti- or herself available to perform such a task by cal task on the railway infrastructure, or attending at work, while there is present in on the train, involved with the incident, his or her body a quantity of alcohol such or that, within 3 hours after so performing that task or of attending at work, the concen- (ii) a safety critical worker failed to tration of alcohol perform a safety critical task expected of him or her, on the railway infrastruc- (a) in his or her blood will exceed a con- ture, or on a train, involved with the centration of 80 milligrammes of alcohol incident, or at the request of an inspec- per 100 millilitres of blood, tor who is of such opinion, he or she (b) in his or her urine will exceed a con- may make a requirement of the safety centration of 107 milligrammes of alcohol critical worker under subsection (3). per 100 millilitres of urine, or (2) Without prejudice to subsection (1),a (c) in his or her breath will exceed a member of the Garda Sı´ocha´na or an author- concentration of 35 microgrammes of ised person may, for the safe operation of a alcohol per 100 millilitres of breath, railway undertaking, at random and in cir- cumstances that are reasonable, make a is guilty of an offence. requirement under subsection (3) of a safety (3) The Minister may, by regulations, critical worker who is performing a safety provide for other amounts, for the time critical task or who has made himself or her- being, to stand in lieu of any of the amounts self available to perform a safety critical task of alcohol concentration specified in subsec- by attending at work. tion (2)(a), (b) or (c). (3) A member of the Garda Sı´ocha´na or (4) A draft of every regulation proposed an authorised person, may, in the circum- to be made under subsection (3) shall be laid stances referred to in subsection (1) or (2), before each House of the Oireachtas and the require a safety critical worker regulation shall not be made until a resol- (a) to provide, or to accompany him or ution approving of the draft has been passed her to a place (including a vehicle) at or by each such House. in the vicinity of the railway infrastructure (5) In this section and in section 86, ’unfit’ concerned and there require the worker to means, in relation to a safety critical worker, provide, by exhaling into an apparatus for 395 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 396

[Mr. Cullen.] Mr. Cullen: I move amendment No. 131: indicating the presence of alcohol in the In page 71, before line 1, to insert the breath, a specimen of his or her breath, or following: (b) where the authorised person or 98. (1) A member of the Garda Sı´ocha´na member does not have such apparatus may arrest a safety critical worker without with him or her, to remain (for not more warrant if he or she has reasonable cause to than one hour), at an appropriate place on suspect that worker is committing or has the railway infrastructure concerned or at committed an offence under section 96 or 97. the scene of the incident, in his or her pres- ence or in the presence of another author- (2) For the purpose of arresting a safety ised person or member of the Garda critical worker under subsection (1), where a Sı´ocha´na until such an apparatus becomes member of the Garda Sı´ocha´na has reason- available to him or her and the authorised able cause to suspect that the worker is com- person or member may then require the mitting or has committed an offence under worker, to provide by exhaling into such section 96 or 97, the member may enter (if an apparatus, a specimen of his or her need be by force) any place where that breath. worker is or where the member, with reason- able cause, suspects him or her to be. (4) Where an authorised person is of the opinion that a safety critical worker, who is performing a safety critical task or who has Amendment agreed to. made himself or herself available to perform a safety critical task by attending at work, Mr. Cullen: I move amendment No. 132: has consumed intoxicating liquor, or is com- In page 71, before line 1, to insert the mitting or has committed an offence under following: section 96, and where a member of the 99.(1) Where a safety critical worker is Garda Sı´ocha´na is not present, the author- arrested under section 98, a member of the ised person shall require the safety critical Garda Sı´ocha´na may, at a Garda Sı´ocha´na worker concerned to remain (for not more station, at his or her discretion, do either or than one hour), as the case may be, at an both of the following: appropriate place on the railway infrastruc- ture concerned or at the scene of the inci- (a) require the worker to provide, by dent, in his or her presence or in the pres- exhaling into anapparatus for determining ence of another authorised person, pending the concentration of alcohol in the breath, the arrival of a member. 2 specimens of his or her breath and may indicate the manner in which he or she is (5) A member of the Garda Sı´ocha´na or to comply with the requirement, an authorised person making a requirement under subsection (3) may indicate the man- (b) require the worker either ner in which the safety critical worker is to (i) to permit a designated medical comply with the requirement. practitioner to take from the worker a (6) A safety critical worker who refuses or specimen of his or her blood, fails, to comply immediately with a require- (ii) at the option of the worker, to ment under this section, or to comply provide for the designated medical prac- immediately with such a requirement in a titioner a specimen of his or her urine. manner indicated by a member of the Garda Sı´ocha´na or an authorised person, is guilty of (2) If the medical practitioner referred to an offence. in subsection (1)(b) states in writing that he or she is unwilling, on medical grounds, to (7) In a prosecution for an offence under take from the safety critical worker a speci- this Chapter, it shall be presumed, until the men of the worker’s blood or be provided by contrary is shown, that an apparatus pro- the worker with a specimen of the worker’s vided by a member of the Garda Sı´ocha´na urine, the member may make a requirement or an authorised person for the purpose of of the worker under subsection (1)(b) in enabling a person to provide a specimen of relation to the specimen other than that to breath under this section is an apparatus for which the first requirement related. indicating the presence of alcohol in the breath. (3) Subject to section 107, a person who refuses or fails to comply immediately with a requirement under subsection (1)(a) is guilty Amendment agreed to. of an offence. 397 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 398

(4) Subject to section 107, a person who, (a) refuses or fails to comply with the following a requirement under subsection requirement, or (1)(b)— (b) refuses or fails to comply with a (a) refuses or fails to comply with the requirement of a designated medical prac- requirement, or titioner in relation to the taking under that subsection of a specimen of blood or the (b) refuses or fails to comply with a provision under that subsection of a speci- requirement of a designated medical prac- men of urine, is guilty of an offence. titioner in relation to the taking under that subsection of a specimen of blood or the (4) Notwithstanding subsection (2),itis provision under that subsection of a speci- not an offence for a person to refuse or fail men of urine, is guilty of an offence. to comply with a requirement under subsec- tion (1) where, following his or her admission (5) In a prosecution for an offence under to, or attendance at, a hospital, the person this Chapter it shall be presumed, until the comes under the care of a medical prac- contrary is shown, that an apparatus pro- titioner and the medical practitioner refuses, vided by a member of the Garda Sı´ocha´na on medical grounds, to permit the taking or for the purpose of enabling a person to provision of the specimen concerned. provide 2 specimens of breath pursuant to this section is an apparatus for determining the concentration of alcohol in the breath. Amendment agreed to.

Mr. Cullen: I move amendment No. 134: Amendment agreed to. In page 71, before line 1, to insert the Mr. Cullen: I move amendment No. 133: following: In page 71, before line 1, to insert the 101. —Where a safety critical worker is at following: a Garda Sı´ocha´na station having been arrested under section 98, section 16 of the 100. (1) Where a railway incident occurs in Road Traffic Act 1994 applies and references consequence of which a safety critical worker in that section to subsection (1) of that Act is injured, or claims or appears to have been are to be read as including references to injured, and is admitted to, or attends at, a this section. hospital and a member of the Garda Sı´och- a´na is of opinion that, at the time of the incident Amendment agreed to. (a) the worker was working on the rail- Mr. Cullen: I move amendment No. 135: way infrastructure or on a train involved in the incident, and In page 71, before line 1, to insert the following: (b) the worker had consumed an intoxi- cant, then the member may, in the 102. (1) Where, consequent on a require- hospital, require the worker either ment under section 99 of him or her, a safety critical worker provides 2 specimens of his or (i) to permit a designated medical her breath and the apparatus referred to in practitioner to take from the worker a that section determines the concentration of specimen of his or her blood, or alcohol in each specimen, in case the appar- (ii) at the option of the worker, to atus determines that each specimen has provide for the designated medical prac- (a) the same concentration of alcohol, titioner a specimen of his or her urine. either specimen, or (2) If the medical practitioner referred to (b) a different concentration of alcohol, in subsection (1) states in writing that he or the specimen with the lower concentration she is unwilling, on medical grounds, to take of alcohol, shall be taken into account for from the safety critical worker a specimen of the purposes of section 96(2) and the other the worker’s blood under subsection (1)(i) or specimen shall be disregarded. be provided by the worker with the specimen (2) Where the apparatus referred to in of the worker’s urine under subsection section 99 determines that in respect of the (1)(ii), the member may make a requirement specimen of breath to be taken into account of the worker under subsection (1) in relation the safety critical worker may have contra- to the specimen other than that to which the vened section 96(2) he or she shall be sup- first requirement related. plied immediately by a member of the Garda (3) Subject to section 107, a person who, Sı´ocha´na with 2 identical statements, auto- following a requirement under subsection (1) matically produced by the apparatus in the 399 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 400

[Mr. Cullen.] trary is shown, that subsections (1) to (3) prescribed form and duly completed by the have been complied with. member in the prescribed manner, stating the concentration of alcohol in the said speci- Amendment agreed to. men determined by the apparatus. (3) On receipt of the statements, the safety Mr. Cullen: I move amendment No. 137: critical worker shall on being requested so to In page 71, before line 1, to insert the do by the member following: (a) immediately acknowledge such 104. (1) As soon as practicable after it has receipt by placing his or her signature on received a specimen forwarded to it under each statement, and section 103, the Bureau shall analyse the (b) return either of the statements to specimen and determine the concentration of the member. alcohol or (as may be appropriate) the pres- ence of a drug or drugs in the specimen. (4) A person who refuses or fails to com- ply with subsection (3) is guilty of an offence (2) Where the Bureau receives 2 speci- and is liable on summary conviction to a fine mens of blood so forwarded together in not exceeding \1,000 or to imprisonment for relation to the same safety critical worker or a term not exceeding 1 month, or to both. 2 specimens of urine so forwarded together in relation to the same worker, it shall be (5) Section 106(1) applies to a statement sufficient compliance with subsection (1) for under this section as respects which there has the Bureau to make an analysis of and deter- been a failure to comply with subsection mination in relation to one of the 2 speci- (3)(a) as it applies to a duly completed state- mens of blood or (as may be appropriate) ment under this section. one of the 2 specimens of urine. (3) As soon as practicable after com- Amendment agreed to. pliance with subsection (1), the Bureau shall forward to the Garda Sı´ocha´na station from Mr. Cullen: I move amendment No. 136: which the specimen analysed was forwarded In page 71, before line 1, to insert the a completed certificate in the prescribed following: form for the purpose of this section and shall forward a copy of the completed certificate 103. (1) Where under this Chapter a desig- to the safety critical worker who is named on nated medical practitioner has taken a speci- the relevant form under section 103 as the men of blood from a safety critical worker person from whom the specimen was taken or has been provided by the worker with a or who provided it. specimen of his or her urine, the medical practitioner shall divide the specimen into 2 (4) In a prosecution for an offence under parts, place each part in a container which he section 96, it shall be presumed, until the con- or she shall immediately seal and complete trary is shown, that subsections (1) to (3) the form prescribed for the purposes of this have been complied with. section. Amendment agreed to. (2) Where a specimen of blood or urine of a safety critical worker has been divided into Mr. Cullen: I move amendment No. 138: 2 parts pursuant to subsection (1), a member of the Garda Sı´ocha´na shall offer to the In page 71, before line 1, to insert the worker one of the sealed containers together following: with a statement in writing indicating that he 105. (1) A safety critical worker shall not or she may retain either of the containers. take or attempt to take any action (including (3) As soon as practicable after subsection consumption of alcohol but excluding a (2) has been complied with, a member of the refusal or failure to comply with a require- Garda Sı´ocha´na shall cause to be forwarded ment under section 99) with the intention of to the Bureau the completed form referred frustrating a prosecution under section 96. to in subsection (1), together with the rel- (2) A person who contravenes subsection evant sealed container or, where the safety (1) is guilty of an offence. critical worker has declined to retain one of (3) Where, on the hearing of a charge for the sealed containers, both relevant sealed an offence under section 96, the court is satis- containers. fied that any action taken by the defendant (4) In a prosecution for an offence under (including consumption of alcohol but section 96 it shall be presumed, until the con- excluding a refusal or failure to provide a 401 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 402

specimen of his or her breath or urine or to to permit the taking by him of a specimen permit the taking of a specimen of his or her of blood, there was a refusal or failure to blood) was taken with the intention of frus- give such permission or to comply with a trating a prosecution under that section, the requirement of his or her in relation to the court may find him or her guilty of an taking of such a specimen, offence under subsection (2). (c) a person for whom, following a requirement under section 99(1) or 100(1) Amendment agreed to. to provide for him or her a specimen of urine, there was a refusal or failure to Mr. Cullen: I move amendment No. 139: provide such a specimen or to comply with In page 71, before line 1, to insert the a requirement of his or her in relation to following: the provision of such a specimen. 106. (1) A duly completed statement pur- (5) Where, pursuant to section 99 or 100 a porting to have been supplied under section designated medical practitioner states in 102(2) is, until the contrary is shown, suf- writing that he or she is unwilling, on medical ficient evidence in any proceedings under grounds, to take from a person a specimen this Chapter, of the facts stated therein, with- of his or her blood or be provided by him or out proof of any signature on it or that the her with a specimen of his or her urine, the signatory was the proper person to sign it, statement signed by the medical practitioner and shall, until the contrary is shown, be suf- is, in any proceedings under this Part, suf- ficient evidence of compliance by the ficient evidence, until the contrary is shown, member of the Garda Sı´ocha´na concerned of the facts stated therein, without proof of with the requirements imposed on him or her any signature on it or that the signatory was by or under this Chapter prior to and in con- the proper person to sign it. nection with the supply by him or her under section 102(2) of such statement. Amendment agreed to. (2) A duly completed form under section 103(1) is, until the contrary is shown, suf- Mr. Cullen: I move amendment No. 140: ficient evidence in any proceedings under In page 71, before line 1, to insert the this Chapter of the facts stated therein, with- following: out proof of any signature on it or that the signatory was the proper person to sign it, 107.(1) In a prosecution of a safety critical and shall, until the contrary is shown, be suf- worker for an offence under section 99 for ficient evidence of compliance by the desig- refusing or failing to comply with a require- nated medical practitioner concerned with ment to provide 2 specimens of his or her the requirements imposed on him or her by breath, it is a defence for the defendant to or under this Chapter. satisfy the court that there was a special and (3) A certificate expressed to have been substantial reason for his or her refusal or issued under section 104 is, until the contrary failure and that, as soon as practicable after is shown, sufficient evidence in any pro- the refusal or failure concerned, he or she ceedings under this Part of the facts stated complied (or offered, but was not called therein, without proof of any signature on it upon, to comply with a requirement under or that the signatory was the proper person the section concerned in relation to the tak- to sign it, and shall, until the contrary is ing of a specimen of blood or the provision shown, be sufficient evidence of compliance of a specimen of urine. by the Bureau with the requirements (2) In a prosecution of a safety critical imposed on it by or under this Chapter. worker for an offence under section 99 or 100 (4) In a prosecution for an offence under for refusing or failing to comply with a section 96, it shall be presumed, until the con- requirement to permit a designated medical trary is shown, that each of the following per- practitioner to take a specimen of blood or sons is a designated medical practitioner— for refusing or failing to comply with a requirement of a designated medical prac- (a) a person who by virtue of powers titioner in relation to the taking of a speci- conferred on him or her by this Part took men of blood, it is a defence for the defend- from another person a specimen of that ant to satisfy the court that there was a other person’s blood or was provided by special and substantial reason for his or her another person with a specimen of that refusal or failure and that, as soon as practi- other person’s urine, cable after the refusal or failure concerned, (b) a person for whom, following a he or she complied (or offered, but was not requirement under section 99(1) or 100(1) called upon, to comply) with a requirement 403 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 404

[Mr. Cullen.] Mr. Cullen: I move amendment No. 143: under the section concerned in relation to In page 71, before line 1, to insert the the provision of a specimen of urine. following: (3) Notwithstanding subsections (1) and 110. (1) A safety critical worker shall not (2), evidence may be given at the hearing of perform a safety critical task in a manner a charge of an offence under section 96 that which, having regard to all the circumstances the defendant refused or failed to comply of the case, is dangerous to the safety of per- with a requirement to provide 2 specimens sons or poses an unreasonable risk of harm of his or her breath, or that the defendant to persons. refused or failed to comply with a require- (2) A person, being a supervisor, manager, ment to permit the taking of a specimen of director or secretary of a railway under- his or her blood or to comply with a require- taking, shall not instruct a safety critical ment of a designated medical practitioner in worker to perform a safety critical task in a relation to the taking of a specimen of blood, manner that may cause that worker to con- as the case may be. travene subsection (1). (4) It is not a defence for a person charged (3) A person who contravenes subsection with an offence under section 96 to show (1) or (2) is guilty of an offence and that, in relation to the facts alleged to consti- (a) in case the contravention causes loss tute the offence, an analysis or determination of life or serious personal injury to another under this Chapter, has not been carried out person, is liable on conviction on indict- or that he or she has not been requested ment to imprisonment for a term not under section 97 to provide a specimen of his exceeding 10 years or to a fine not or her breath.”. exceeding \10,000, or to both, or (b) in any other case, is liable on sum- Amendment agreed to. mary conviction to a fine not exceeding \3,000 or to imprisonment for a term not Mr. Cullen: I move amendment No. 141: exceeding 6 months, or to both. In page 71, before line 1, to insert the (4) In proceedings for an offence under following: subsection (3), it shall be a defence for the person against whom such proceedings are 108. A person guilty of an offence under brought to prove that the safety critical task this Chapter (other than section 102(4))is liable on summary conviction to a fine not (a) in respect of a contravention of sub- exceeding \3,000 or to imprisonment for a section (1), was performed, or term not exceeding 6 months, or to both. (b) in respect of a contravention of sub- section (2), was instructed to be perfor- Amendment agreed to. med, in accordance with written rules or procedures of the railway undertaking Mr. Cullen: I move amendment No. 142: concerned, where those rules or pro- cedures specify the manner in which that In page 71, before line 1, to insert the task should be performed. following: (5) Where a member of the Garda Sı´och- Chapter 3 a´na is of the opinion that a person has com- mitted an offence under this section causing Carelessly or dangerously working or loss of life or serious personal injury to working while unfit, on railway another person, the member may arrest the 109. (1) A safety critical worker shall not person without warrant. perform a safety critical task on railway property or in a public place without taking Amendment agreed to. due care and attention. Mr. Cullen: I move amendment No. 144: (2) A person who contravenes subsection (1) is guilty of an offence and is liable on In page 71, before line 1, to insert the summary conviction to a fine not exceeding following: \ 1,500 or to imprisonment for a term not 111.—(1) A railway undertaking may exceeding 3 months, or to both. require a safety critical worker to undergo an assessment by a medical practitioner, nomi- Amendment agreed to. nated by the undertaking, of his or her fit- ness to perform a safety critical task and such 405 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 406

person shall co-operate with such medical practitioner of his or her position as a safety assessment. critical worker. (2) Railway undertakings shall ensure that safety critical workers undergo assessment Amendment agreed to. by a medical practitioner of their fitness to perform safety critical tasks. Ms Shortall: Is it appropriate for me to speak to that amendment? (3) Where, following an assessment under subsection (1), a medical practitioner is of the opinion that a safety critical worker is unfit An Leas-Cheann Comhairle: No it is not to perform a safety critical task, he or she because it has already been discussed. We will shall notify the railway undertaking con- now deal with the amendments to amendment cerned, by the quickest practicable means, of No. 144. that opinion and shall inform the safety criti- cal worker of that opinion and the reasons Ms Shortall: I move amendment No.1 to for that opinion. amendment No. 144: (4) If a safety critical worker becomes In subsection (7), in the second line, to delete aware that he or she is suffering from any “organisations” and substitute “trade unions or disease or physical or mental impairment staff associations,”. which, should he or she perform a safety critical task, would be likely to cause him or Mr. Cullen: I am sorry that we missed this earl- her to expose a person to danger or risk of ier because I am favourably disposed to Deputy danger, he or she shall immediately notify Shortall’s suggestion. I would like to consult with the railway undertaking concerned. the Office of the Parliamentary Counsel before (5) Where a railway undertaking receives tabling a suitable amendment for Seanad ´ a notification under subsection (3) or (4),it Eireann. I am in agreement in principle, but I shall not permit the safety critical worker must ensure that the wording is correct. In fact, concerned to perform a safety critical task Deputy Shortall’s second amendment to the until such time as an assessment under sub- amendment deals with consultation with the section (1) confirms that he or she is fit to so Equality Authority and I am happy to accept perform that task. that suggestion.

(6) The Commission may, with the consent Ms Shortall: There will be sufficient time to of the Minister, and after consultation with deal with this on Report Stage. railway undertakings, organisations which represent staff of railway undertakings, the Mr. Cullen: I will have to revert to the Medical Council, the Health and Safety Parliamentary Counsel. Authority and such other persons as in the opinion of the Commission may be relevant, Amendment No. 1 to amendment No. 144, by make regulations in relation to all or any of leave, withdrawn. the following (a) the nature of a medical assessment Ms Shortall: I move amendment No. 2 to under subsection (1) and the matters that amendment No. 144: shall be assessed, or In subsection (7) in the third line, after (b) the frequency of an assessment “Medical Council” to insert “the Equality under subsection (2). Authority”. (7) The Commission may, after consul- tation with railway undertakings, organis- Mr. Cullen: I am happy to accept this ations which represent staff of railway under- amendment. takings, the Medical Council, the Health and Safety Authority and such other persons as Amendment No. 2 to amendment No. 144 in the opinion of the Commission may be rel- agreed to. evant, publish guidelines in relation to the types of disease or physical or mental impair- Amendment No. 144, as amended, agreed to. ment which may require notification by a safety critical worker to a railway under- SECTION 92. taking under subsection (4). Mr. Cullen: I move amendment No. 145: (8) On each occasion that a safety critical worker attends his or her medical prac- In page 71, line 52, to delete \100,000 and titioner, he or she shall inform that medical substitute \500,000. 407 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 408

[Mr. Cullen.] its investigation of a railway incident I propose to increase the penalty in section 92 under section 57, and for indictable offences relating to road authorities (b) subject to section 57(17) to submit as and others who endanger railway safety through evidence in criminal or other proceedings failure to maintain works on a public road in the any such record or other evidence. vicinity of a railway structure. I propose to increase this penalty from \100,000 to \500,000 (3) Notwithstanding section 10(4) of the as a failure to maintain works is a serious offence Petty Sessions (Ireland) Act 1851, summary and is worthy of a higher penalty. proceedings for any offence under this Act may be instituted at any time within 2 years Ms O. Mitchell: I welcome the increase. The after the date of the offence.”. Minister is correct that the potential for damages is enormous. The port tunnel comes to mind. Amendment agreed to. Does the definition of a public road include a tun- nel? Would the port tunnel be covered and are Section 99, as amended, agreed to. there other kinds of infrastructure that would not come under that heading? Sections 100 and 101 agreed to.

Mr. Cullen: A tunnel is a public road. SECTION 102.

Ms O. Mitchell: Is there other potential infras- Ms Shortall: I move amendment No. 148: tructural work that would not come under the In page 74, line 31, to delete “2001” and sub- heading of a public road? stitute “2003”. Mr. Cullen: Not that I am aware of. As the This is an amendment to update the reference to Deputy raised the point, I will look at it before the Companies Act. going to the Seanad to see if there is a tighter or more specific definition. It is interpreted in terms Amendment agreed to. of road use. It is a reasonable point. Section 102, as amended, agreed to. Amendment agreed to. Sections 103 and 104 agreed to. Section 92, as amended, agreed to. SECTION 105. Sections 93 to 97, inclusive, agreed to. An Leas-Cheann Comhairle: Amendments SECTION 98. Nos. 149 and 150 are related and amendment No. 2 is consequential. The amendments will be dis- Mr. Cullen: I move amendment No. 146: cussed together. In page 73, line 26, to delete “Parts 10 or 11” Mr. Cullen: I move amendment No. 149: and substitute “Part 12”. In page 76, between lines 27 and 28, to insert This is a technical amendment to correct a draft- the following: ing error caused by the withdrawal on Committee Stage of a proposed amendment to insert a new “105.—The Transport Act 1950 is Part 10 in the Bill providing for offences by per- amended— sons working on a railway. (a) in section 20(1), by inserting after paragraph (b) the following: Amendment agreed to. ‘(bb) the provision of parking facili- Section 98, as amended, agreed to. ties for vehicles on land belonging to or occupied by the Board, including fees SECTION 99. for failure to comply with bye-laws made under section 22 (1)(ee),’, Mr. Cullen: I move amendment No. 147. (b) in section 22— In page 73, between lines 30 and 31, to insert (i) by inserting after paragraph (e)of the following: subsection (1) the following: “(2) The Commission shall be entitled— ‘(ee) for matters relating to the use (a) to view and take copies of any record and parking of vehicles on land or other evidence gathered or obtained by belonging to or occupied by the the Investigation Unit during the course of Board including— 409 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 410

(i) the regulation of traffic gener- amends section 22 of the Act and empowers CIE ally, including parking restrictions, to make bye-laws in regard to parking on their direction of traffic and the property, clamping of illegally parked vehicles maximum speed of traffic on such and regulation of traffic generally. land, Amendment agreed to. (ii) the making of provision for the fixing of an immobilisation Mr. Cullen: I move amendment No. 150: device to any vehicle which has been unlawfully parked in any place In page 76, between lines 27 and 28, to insert on such land, and the following: (iii) the regulation of small public “106.—The following section is inserted service vehicles (within the mean- after section 22 of the Transport Act 1950: ing of section 3 of the Road Traffic “22A.—(1) If an authorised officer Act 1961) at railways or the reasonably suspects that a person— approaches thereto;’, (a) is contravening or has contravened and or is failing or has failed to comply with (ii) by substituting for subsection (4) a provision of bye-laws made under (as amended by section 6 of the Trans- section 22 of this Act which is stated in port Act 1987) the following: the bye-laws to be a penal provision, ‘(4) Where a person contravenes a (b) is committing or has committed an provision of bye-laws made under this offence under section 59(1) of this Act, section which is stated in the bye-laws section 25 of the Transport to be a penal provision, he or she is (Miscellaneous Provisions) Act 1971, or guilty of an offence and is liable on section 96 or 106 of the Railway Safety summary conviction to a fine not Act 2004, exceeding \1,000. (c) is assaulting or has assaulted or is causing or has caused deliberate harm to (4A) The liability of an offender to another on railway property, a penalty under subsection (4) of this section does not prejudice the recov- (d) is causing or has caused wanton or ery of any fare, tariff or fee payable deliberate damage to railway property, by him or her to the Board for any (e) is obstructing or has obstructed or damage caused by him or her to prop- is impeding or has impeded an author- erty of the Board. ised officer in the exercise of his or her (4B) An offence under subsection duties under this section or any pro- (4) of this section may be prosecuted vision of bye-laws made under section by the Board.’, 22 of this Act which is stated in the bye- laws to be a penal provision, and (f) on any railway property is intoxi- (c) in section 59, by substituting for sub- cated or is committing or has committed section (1) (as amended by section 7 of the an offence under section 15 of the Mis- Transport Act 1987) the following: use of Drugs Act 1977, or ‘(1) A person who trespasses on any (g) if requested by an authorised of the railways of or worked by the officer to cease such contravention or Board is guilty of an offence and is liable action or to so comply, fails to comply on summary conviction to a fine not with the request, he or she may— exceeding \1,000.’.” (i) using such reasonable force as These amendments propose changes to the the circumstances require, remove or Transport Act 1950. The new section set out in escort the person from the railway amendment No. 149 provides in paragraph (a) for property or any part of it, the amendment of section 21 of the Transport Act 1950 so that CIE may levy charges for park- (ii) in circumstances where the ing on railway property and may levy fees for officer considers it to be justified, removal of clamps from vehicles parked in breach arrest the person without warrant, or of bye-laws. CIE may already have a common law (iii) require the person to give his power to do this, but it is generally best to con- or her name and address and, if the firm such powers in primary legislation. person fails or refuses to do so or Some of these issues have been dealt with pre- gives a name that the authorised viously. Paragraph (b)(i) of amendment No. 149 officer reasonably suspects is false or 411 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 412

[Mr. Cullen.] (10) In this section— misleading may arrest that person “authorised officer” means a person without warrant, appointed under this section or a and, if he or she is not a member of the member of the Garda Sı´ocha´na whose Garda Sı´ocha´na, deliver, as soon as practi- attendance is requested by an author- cable, the person, if arrested, into the cus- ised officer or by the Board; tody of a member of the Garda Sı´ocha´na “railway property” means all land, to be dealt with according to law. buildings, railway infrastructure (within (2) A person who fails or refuses to give the meaning of the Railway Safety Act his or her name or address when required 2004), rolling stock and vehicles within the control of the Board. under subsection (1) of this section, or gives a name or address which is false or (11) In this section a reference to the misleading, is guilty of an offence and is committal of an offence or an act includes liable on summary conviction to a fine not a reference to an attempt to commit the exceeding \1,000. offence or the act.”. (3) The Board may appoint such and so many persons as it considers necessary to Amendment agreed to. be authorised officers for the purposes of Section 105, as amended, agreed to. this section or any provision of bye-laws made under section 22 of this Act which is NEW SECTIONS. stated in the bye-laws to be a penal provision. An Leas-Cheann Comhairle: Amendments (4) An authorised officer, who is not a Nos. 151, 155 and 157 are related and will be dis- member of the Garda Sı´ocha´na, is not cussed together. entitled to exercise a power under this section unless he or she has received train- Mr. Cullen: I move amendment No. 151: ing and instruction, which, in the opinion In page 76, after line 36, to insert the of the Board is such as will provide guid- following: ance to him or her in the exercise of the “PART 14 power. Miscellaneous (5) The Board shall endorse on the war- rant it furnishes to an authorised officer 106.—(1) Every passenger of a railway under subsection (6) of this section a state- undertaking shall, on request by an officer or employee of a railway undertaking, produce, ment to the effect that the officer has and if so requested, deliver up to the officer received the training and instruction or employee a ticket showing that his or her referred to in subsection (4) of this section. fare is paid and, if the fare has not been paid, (6) An authorised officer, who is not a shall upon request— member of the Garda Sı´ocha´na, shall, on (a) pay, to the officer or employee— his or her appointment under this section, be furnished by the Board with a warrant (i) his or her fare from the place of his or her appointment as an author- where he or she started the journey by ised officer. railway, or (ii) such other fare for non-payment (7) An authorised officer, who is not a of a fare as fixed by the undertaking, as member of the Garda Sı´ocha´na, when the officer or employee decides, or exercising a power under this section shall be in uniform provided or authorised by (b) give the officer or employee his or the Board. her name and address. (8) The arrest of a person under this (2) A passenger who fails— section does not prejudice the re-arrest of (a) to comply with a request under sub- the person by a member of the Garda section (1) to deliver up a ticket, Sı´ocha´na. (b) to pay the fare required under sub- (9) An authorised officer, who is not a section (1)(a),or member of the Garda Sı´ocha´na, may be (c) to give his or her name and address, referred to by the Board by such title as if requested under subsection (1)(b), it decides. is guilty of an offence. 413 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 414

(3) A passenger who— offence under section 22(4), 22A(2) or 59(1) of the Transport Act 1950, section 25(1) of (a) travels or attempts to travel on a rail- the Transport (Miscellaneous Provisions) way of a railway undertaking without hav- Act 1971, or section 96 or 1061, he or she ing previously paid his or her fare, and may serve the person with a notice (’fixed with intent to avoid such payment, payment notice’) in the prescribed form stat- (b) having paid his or her fare for a cer- ing that— tain distance, knowingly and wilfully pro- (a) the person is alleged to have com- ceeds by train beyond that distance with- mitted the offence, out previously paying the additional fare for the additional distance, and with intent (b) the person may during the period of to avoid such payment, or 21 days beginning on the date of the notice make to the railway undertaking con- (c) having failed to pay his or her fare, cerned at the address specified in the gives in reply to a request by an officer or notice a payment of \100, or in lieu of that employee of a railway undertaking a false amount such other amount standing speci- or misleading name or address, fied for the time being in regulations, is guilty of an offence. accompanied by the notice, and (4) A person guilty of an offence under (c) a prosecution in respect of the this section is liable on summary conviction alleged offence will not be instituted dur- to a fine not exceeding \1,000. ing the period specified in the notice and, if the payment specified in the notice is (5) The liability of an offender to a penalty made during that period, no prosecution in under this section does not prejudice the respect of the alleged offence will be recovery of any fare payable by him or her.”. instituted. The purpose of the amendments is to update the (2) Where a fixed payment notice is given law on fare evasion. The existing law on fare eva- under subsection (1)— sion is set out in sections 5 and 6 of the Regu- lations of Railway Acts 1889, as amended by (a) a person to whom the notice applies section 10 of the Transport Act 1987, which I am may, during the period specified in the proposing to repeal in amendments Nos. 155 and notice, make to the railway undertaking 157 and replace with the new section set out in concerned at the address specified in the amendment No. 151. The principles in the 1889 notice the payment specified in the notice Act are still appropriate. accompanied by the notice, This amendment is essentially to modernise the (b) the railway undertaking concerned legislation. Amendment No. 151 requires a per- may receive the payment, issue a receipt son when requested by an employee of a railway for it and retain the money so paid, and company to produce a valid ticket for the journey any payment so received shall not be made. If the person does not have a valid ticket, recoverable in any circumstances by the an employee of the railway company can require person who made it, and him or her to pay the correct fare or the standard fare for fare evasion levied by the railway com- (c) a prosecution in respect of the pany, or to give his or her name and address. A alleged offence shall not be instituted in person who refuses this request will be guilty of the period specified in the notice, and if an offence. It will also be an offence to wilfully the payment so specified is made during evade the correct fare or to give a false name and that period, no prosecution in respect of address when requested. Conviction will carry a the alleged offence shall be instituted. maximum fine of \1,000 and the offender will still (3) In a prosecution for an offence under be liable for the unpaid fare or standard fare lev- this Act the onus of proving that a payment ied. The prison sentence provided for in the 1889 pursuant to a notice under this section has Act is in excess of penalty and, therefore, I do been made shall lie on the defendant. not propose to include this. (4) A railway undertaking may appoint Amendment agreed to. such and so many persons as it considers necessary to be authorised officers for the Mr. Cullen: I move amendment No. 152: purpose of subsection (1) generally or for specified purposes. In page 76, after line 36, to insert the following: (5) In this section— “107.—(1) Where an authorised officer ‘authorised officer’ includes in relation to has reasonable grounds for believing that a an offence under section 22(4), 22A(2) or person is committing or has committed an 59(1) of the Transport Act 1950, section 415 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 416

[Mr. Cullen.] (II) the working of railway trans- 25(1) of the Transport (Miscellaneous port services by a railway Provisions) Act 1971 and section 96 or 106 undertaking, and in relation to railway property belong- (ii) the prevention of the com- ing to or under the control of Cora´s mission of nuisances in or upon a Iompair E´ ireann, an authorised officer railway, appointed under section 22(A) (inserted by section 106) of the Transport Act 1950; (iii) the prevention of damage to railway infrastructure, ‘prescribed’ means prescribed by regu- lations made by the Minister.”. (iv) the removal from or the pro- hibition of the use on a railway of any The amendment proposes a new section which vehicle or thing which is or may provides an authorised officer appointed by become a danger to life, health, the Iarnro´ dE´ ireann with the discretion to issue an operation or maintenance of a railway on-the-spot fine for persons suspected of having or would otherwise interfere with the committed a certain specified offence. The pur- proper operation of a railway, pose of this new section is to reduce the burden on Iarnro´ dE´ ireann of prosecuting many lesser (v) the regulation of parking of vehicles on or adjacent to a railway, offences. On-the-spot fines are established prac- tice in many jurisdictions and they have the (vi) the safe custody and return or advantage of clogging up the courts with minor disposal of any property found on a prosecutions. Offences covered include trespass, railway, failure to close a level crossing gate and proper vii) the repair, improvement, exten- use of the emergency chord, fare evasion, breach sion and development of a railway, of a bye-law and giving a false name and address to an authorised officer. (viii) subject to any statutory pro- visions in that behalf, the regulation Amendment agreed to. of works that would affect the oper- ation or maintenance of a railway or An Leas-Cheann Comhairle: Amendments would otherwise interfere with the Nos. 1 and 2 to amendments Nos. 153 and 154 are proper operation of a railway. related and will be discussed together. (2) Bye-laws under this section may con- tain such incidental, subsidiary and ancillary Mr. Cullen: I move amendment No. 153: provisions as the Agency or the railway undertaking making the bye-laws, considers In page 76, after line 36, to insert the necessary or expedient for the purposes of following: the bye-laws. ”PART 15 (3) The Agency, or, as the case may be, a Light Railway and Metro railway undertaking may provide for reason- able charges in respect of matters provided 108.—(1) The following sections are sub- for in bye-laws made by it under this section. stituted for section 66 of the Transport (Railway Infrastructure) Act 2001: (4) Whenever, after the passing of the Railway Safety Act 2004, the Agency or a 66.—(1) Bye-laws may be made— railway undertaking proposes to make bye- (a) by the Agency, in relation to a laws under this section, the following pro- railway, or visions have effect— (b) with the consent of the Agency, (a) the Agency or the undertaking, as by a railway undertaking in relation to a the case may be, shall publish notice of the railway it operates or under its control, proposal at least once in at least 2 daily in relation to any one or more of the newspapers published in and circulating in following matters— the State or the area to which the bye- laws relate, (i) the general regulation, subject to any statutory provisions in that (b) the notice shall include— behalf, of— (i) a statement of the purposes for (I) the travelling upon or use of which the bye-laws are to be made, a railway, (including a requirement (ii) an intimation that a copy of draft to travel with a valid ticket or pass bye-laws is open for public inspection at and the issue of such), or the principal offices in the State of the 417 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 418

Agency or the undertaking, as the case (8) A person who contravenes or fails to may be, comply with a bye-law under this section is guilty of an offence and is liable on summary (iii) an intimation that any person conviction to a fine not exceeding \1,000. may submit to the Agency or the under- taking, as the case may be, objections to (9) The liability of an offender to a fine the draft bye-laws at any time during the under subsection (8) does not prejudice the period of 30 days commencing on the recovery of any fare, tariff or fee payable by date of the first publication of the him or her to the Agency or a railway under- notice, taking for any damage caused by him or her to property of the Agency or a railway (c) the Agency or the undertaking, as undertaking. the case may be, shall, during that period of 30 days, keep a copy of the draft bye- 66A.—(1) Where an authorised officer laws open for public inspection during finds on a railway a vehicle— ordinary office hours at its principal (a) parked in contravention of bye- offices, laws made under section 66, (d) any person who objects to the draft (b) which is or may become a danger bye-laws may submit his or her objection to life, health, the operation or mainten- to the Agency or the undertaking, as the ance of a railway, or case may be, in writing at any time during that period of 30 days and the Agency or (c) would otherwise interfere with the the undertaking, as the case may be, shall proper operation of a railway, he or she consider the objections, and or a person acting under his or her direc- tion may— (e) on the completion of that period of 30 days, the Agency or the undertaking, as (i) fix an immobilisation device to the case may be, shall as it thinks proper, the vehicle while it remains in the refrain from making the bye-laws or make place where he or she finds it, or the bye-laws either without modification (ii) move it from the place where he or with modification as it thinks proper. or she finds it (whether or not he or she has fixed an immobilisation device (5) Such details of bye-laws under this to it) to another place and fix an section shall be displayed on a railway, where immobilisation device to it in that practicable, in conspicuous places in such other place. manner as— (2) When fixing an immobilisation (a) the Agency, where the bye-laws are device to a vehicle, there shall also be made by it, or affixed to the vehicle a notice in the pre- (b) a railway undertaking, where the scribed form— bye-laws are made by it, subject to any (a) indicating that the device has been general direction of the Agency, fixed to the vehicle and warning that an considers best adapted for giving information attempt should not be made to drive it to the public. The absence of any such dis- or otherwise put it in motion until the play is not a defence to a contravention of or device is removed, failure to comply with such bye-laws. (b) specifying the steps to be taken to (6) Bye-laws under this section shall not secure such removal, and be made without the consent of the Minister. (c) giving such other information (if (7) Every bye-law made under this section, any) as may be prescribed. after the passing of the Railway Safety Act (3) Subject to subsection (4), an immo- 2004, shall be laid, where they are made by bilisation device that has been fixed to a the Agency, by the Agency and where they vehicle under this section may be removed are made by a railway undertaking, by the only by an authorised person or a person railway undertaking, before each House of acting under his or her direction. the Oireachtas, as soon as may be after it is made and, if a resolution annulling the bye- (4)(a) An immobilisation device fixed to law is passed by either such House within the a vehicle under this section shall be next 21 days on which that House has sat removed only— after the bye-law is laid before it, the bye- (i) if the person seeking its removal law shall be annulled accordingly, but with- shows to the satisfaction of an author- out prejudice to anything previously done ised person that he or she, is the owner under it. of the vehicle or is authorised by its 419 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 420

[Mr. Cullen.] it from being driven or otherwise put in owner to seek such removal and pays motion; the prescribed charge, “prescribed” means prescribed in regu- (ii) for the purpose of the removal of lations made by the Minister; the vehicle under section 97 of the Act “vehicle” has the same meaning as in the of 1961, or Act of 1961. (iii) for the purpose of moving the Powers of authorised officers. vehicle under subsection (1). 66B.—(1) If an authorised officer reason- (b) Where the owner of a vehicle that ably suspects that a person— is parked and to which an immobilisation device has been fixed under this section (a) is contravening or has contravened shows to the satisfaction of any authorised or is failing or has failed to comply with a officer that the vehicle was so parked bye-law made under section 66, while being used by a person other than (b) is committing or has committed on a the owner and that such use was not auth- railway an offence under section 64 or 65, orised by the owner, the authorised officer (c) is assaulting or has assaulted or is shall waive the prescribed charge and he causing or has caused deliberate harm to or she or a person acting under his or her another on a railway, direction shall remove the immobilisation device from the vehicle. (d) is causing or has caused wanton or deliberate damage to railway infra- (c) An immobilisation device fixed to a structure, vehicle under this section shall be removed from it as soon as is reasonably practicable (e) has contravened section 96 or 106 of after the payment of the prescribed charge the Railway Safety Act 2004, or after the waiver of such charge, as the (f) is obstructing or has obstructed or is case may be. impeding or has impeded an authorised (5) A notice affixed to a vehicle under this officer in the exercise of his or her duties section shall not be removed or interfered under this section, section 66A, 66C, or with by a person other than the owner of the under any bye-law made under section 66, vehicle or a person authorised by such owner (g) on any railway is intoxicated or is to use the vehicle and a person who contra- committing or has committed an offence venes this subsection is guilty of an offence under section 15 of the Misuse of Drugs and is liable on summary conviction to a fine Act 1977, or not exceeding \1,000. (h) if requested by an authorised officer (6) A person who— to cease such contravention or action or to (a) obstructs or impedes an authorised so comply, fails to comply with the officer, or a person acting under his or her request, he or she may— direction, in the performance of his or her (i) using such reasonable force as the duties under this section, or circumstances require, remove or escort the person from the railway or any part (b) without being authorised to do so of it, under this section, removes or attempts to remove from a vehicle an immobilisation (ii) in circumstances where the auth- device fixed to it under this section, orised officer considers it to be justified, arrest the person without warrant, or is guilty of an offence and is liable on sum- mary conviction to a fine not exceeding (iii) require the person to give his or \1,000. her name and address and, if the person fails or refuses to do so or gives a name (7) An immobilisation device shall not be that the authorised officer reasonably fixed under this section to an ambulance, a suspects is false or misleading, arrest fire brigade vehicle or any vehicle used by a that person without warrant, member of the Garda Sı´ocha´na or the Defence Forces in the performance of his or and, if he or she is not a member of the her duties as such member. Garda Sı´ocha´na, deliver, as soon as practi- cable, the person, if arrested, into the cus- (8) In this section— tody of a member of the Garda Sı´ocha´na to “immobilisation device” means any device be dealt with according to law. or appliance designed or adapted for fixing (2) A person who fails or refuses to give to a vehicle for the purpose of preventing his or her name or address when required 421 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 422

under subsection (1), or gives a name or (11) In this section “authorised officer” address which is false or misleading, is guilty means a person appointed under this section of an offence and is liable on summary con- or a member of the Garda Sı´ocha´na whose viction to a fine not exceeding \1,000. attendance is requested by an authorised (3) The Agency, or a railway undertaking officer or by the Agency or a railway with the consent of the Agency, may appoint undertaking. such and so many persons as it considers 66C.—(1) Where— necessary to be authorised officers for the purposes of this section, section 66A, 66C or (a) an authorised officer has reason- any bye-law made under section 66. able grounds for believing that a person is committing or has committed an (4) An authorised officer, who is not a offence under section 64(1), 66(8) (for a member of the Garda Sı´ocha´na, is not contravention or failure to comply with entitled to exercise a power under this a bye-law made under that section), section unless he or she has received training 66A(5) or (6), or 66B(2) or section 96 or and instruction, which, in the opinion of the 106 of the Railway Safety Act 2004,or Agency is such as will provide guidance to him or her in the exercise of the power. (b) a member of the Garda Sı´ocha´na has reasonable grounds for believing (5) The Agency or a railway undertaking, that a person is committing or has com- as the case may be, shall endorse on the war- mitted an offence under section 54(5), rant it furnishes to an authorised officer under subsection (6) a statement to the effect he or she may serve the person with a that the officer has received the training and notice (“fixed payment notice”) in the pre- instruction referred to in subsection (4). scribed form stating that— (6) An authorised officer, who is not a (i) the person is alleged to have com- member of the Garda Sı´ocha´na, shall, on his mitted the offence, or her appointment under this section, be furnished by the Agency or a railway under- (ii) the person may during the period taking, as the case may be, with a warrant of of 21 days beginning on the date of the his or her appointment as an authorised notice make to the Agency or the rail- officer. way undertaking concerned, as the case may be, at the address specified in the (7) An authorised officer, who is not a notice a payment of \100, or in lieu of member of the Garda Sı´ocha´na, when that amount such other amount standing exercising a power under this section shall be prescribed for the time being, in uniform provided or authorised— accompanied by the notice, and (a) where he or she is appointed by the (iii) a prosecution in respect of the Agency, by the Agency, or alleged offence will not be instituted (b) where he or she is appointed by a during the period specified in the notice railway undertaking, by the railway and, if the payment specified in the undertaking. notice is made during that period, no prosecution in respect of the alleged (8) The arrest of a person under this section does not prejudice the re-arrest of offence will be instituted. the person by a member of the Garda (2) Where a fixed payment notice is Sı´ocha´na. given under subsection (1)— (9) An authorised officer, who is not a (a) a person to whom the notice member of the Garda Sı´ocha´na, may be applies may, during the period specified referred to—— in the notice, make to the Agency or the (a) where he or she is appointed by the railway undertaking concerned, as the Agency, by the Agency, or case may be, at the address specified in the notice the payment specified in it (b) where he or she is appointed by a and accompanied by the notice, railway undertaking, by the railway undertaking, (b) the Agency or the railway under- taking concerned may receive the pay- by such title as it decides. ment, issue a receipt for it and retain the (10) In this section a reference to the com- money so paid, and any payment so mittal of an offence or an act includes a ref- received shall not be recoverable in any erence to an attempt to commit the offence circumstances by the person who made or the act. it, and 423 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 424

[Mr. Cullen.] Ms Shortall: I move amendment No. 1 to (c) a prosecution in respect of the amendment No. 153: alleged offence shall not be instituted in In the new section 66A of the Transport the period specified in the notice, and if (Railway Infrastructure) Act 2001, in subsec- the payment so specified is made during tion (1), to delete subparagraph (i). that period, no prosecution in respect of the alleged offence shall be instituted. The amendments proposes to delete subpara- graph (i). It appears that it is illogical to give the (3) In a prosecution for an offence power to clamp a car if it is parked on the railway under this Act the onus of proving that a line. It would appear obvious to move it and then payment pursuant to a notice under this clamp it. I do not see the point in giving power section has been made lies on the to clamp it in situ if it is parked on a railway line. defendant. Ms O. Mitchell: Is it about parking? (4) In this section ’prescribed’ means prescribed in regulations made by the Ms Shortall: It is about removing powers. Minister.’. Mr. Cullen: It depends which way one looks at (2) Any bye-law made under section 66 of it. The first part of the Deputy’s proposal would the Transport (Railway Infrastructure) Act have the effect of denying an authorised Luas 2001, which is in force immediately before staff member the power to clamp a vehicle which the passing of this Act, continues in force as is in breach of bye-laws or is otherwise causing a if made under section 66, inserted by subsec- danger or nuisance. I note the Deputy is agree- tion (1).”. able to such vehicle being towed away and clamped in another location as this is provided Amendments Nos. 153 and 154 update the Trans- for in the subsequent paragraph. I do not see any port Railway Infrastructure Act 2001. All the reason to deny Luas personnel the flexibility to provisions proposed in amendment No. 153 are clamp the vehicle where it is parked rather than standard provisions relating to bye-laws for rail- tow it and clamp it elsewhere. The second part of way operation. the Deputy’s proposal would reduce the cost of \ Amendment No. 153 replaces section 66 of the on-the-spot fines for specified offences from 100 to \60. They should not be reduced to less than 2001 Act with four new sections. The first of these \ four sections replaces the present bye-law pro- 60. A vehicle could block the Luas line, which the driver would want to move, and that could be visions set out in section 66 of the 2001 Act. The clamped while a vehicle parked near a Luas line new bye-law provisions condense some new could be clamped but not necessarily moved. measures not included in the present text of the 2001 Act. These are that bye-laws must be pub- Ms Shortall: The Minister referred to pro- lished. Bye-laws must be displayed conspicuously portionality earlier. The fine for not paying a \20 on the railway. Bye-laws cannot be made without fare on a train is \100 but if one fails to pay a \2 the consent of the Minister and bye-laws must be fare on Luas, the fine is still \100, which is laid before each House of the Oireachtas. The excessive. RPA or railway undertaking may recoup the cost of any damage to the railway caused by the Mr. Cullen: I do not agree with the Deputy breach of a bye-law, in addition to any fine because we have moved to multiple new systems. imposed for the breach. Recently a person boasted about the number of The second of these four new sections entitled times he had travelled on one of the systems with- “immobilisation, removal, etc. of unlawfully out paying a fare. That is wrong even though the parked vehicles” relates to clamping and remov- same numbers of inspectors as in the past are not ing of vehicles. available to provide a visible presence. People are on their honour. If they abuse the system, they must be hurt in some way. A fine of \100 will not An Leas-Cheann Comhairle: Amendment No. break anybody but it will send a message. People 1 to amendment No. 153 has already been dis- would not avoid paying a few euro for a fare if cussed. Is Deputy Shortall formally moving they thought the fine for failing to pay was \100. amendment No. 1? Amendment No. 1 to amendment No. 153, by leave, withdrawn. Ms Shortall: It was not already discussed. Amendment No. 2 to amendment No. 153 not moved. An Leas-Cheann Comhairle: It is under discussion. Amendment No. 153 agreed to. 425 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 426

SCHEDULE 1. In page 77, line 27, column 3, after “Section” to insert “10 and”. Mr. Cullen: I move amendment No. 154: Amendment agreed to. In page 76, after line 36, to insert the following: Mr. Cullen: I move amendment No. 158: “Increase of fines. In page 77, line 28, column 3, to delete “and 109.—Parts 4 and 5 of the Transport 51” and substitute “, 51 and 57”. (Railway Infrastructure) Act 2001 are amended by substituting in—— Amendment agreed to. (a) section 54(6), “\1,000” for “\600 (£472.54)”, Schedule 1, as amended, agreed to. \ \ (b) section 56(2), “ 3,000” for “ 2,500 SCHEDULE 2. (£1968.91)”, (c) section 59(3), “\1,000” for “\600 Mr. Cullen: I move amendment No. 159: (£472.54)”, In page 78, to delete lines 20 to 22. (d) section 60(4), “\3,000” for “\2,000 (£1575.13)”, Amendment agreed to. (e) section 63(3), “\3,000” for “\2,000 (£1575.13)”, Schedule 2, as amended, agreed to. \ \ (f) section 64(1), “ 1,000” for “ 600 TITLE. (£472.54)”, (g) section 65, “\3,000” for “\2,000 Mr. Cullen: I move amendment No. 1: (£1575.13)”, and In page 7, line 19, after “DRUGS,” to insert (h) section 67(2), “\1,000” for “\600 “TO PROVIDE FOR OFFENCES BY PER- (£472.54)”.”. SONS WORKING ON RAILWAYS,”.

Amendment agreed to. Amendment agreed to.

Mr. Cullen: I move amendment No. 155: Mr. Cullen: I move amendment No. 2: In page 77, between lines 21 and 22, to insert In page 7, line 22, after “RAILWAYS,” to the following: insert the following: “TO PROVIDE FOR OFFENCES AND “ OTHER MATTERS RELATING TO THE 52 & 53 Vict. Regulation of Sections 5 and 6 CONDUCT OF PERSONS ON RAIL- c. 57 Railways Act 1889 WAYS, TO PROVIDE FOR MATTERS ´ ” RELATING TO CORAS IOMPAIR E´ IREANN, AND FOR THAT PURPOSE TO AMEND THE TRANSPORT ACT 1950 Amendment agreed to. AND OTHER ENACTMENTS RELAT- INGTOCO´ RAS IOMPAIR E´ IREANN, TO Mr. Cullen: I move amendment No. 156: PROVIDE FOR MATTERS RELATING TO LIGHT RAILWAYS AND METRO, In page 77, between lines 26 and 27, to insert AND FOR THAT PURPOSE TO the following: AMEND THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001,”. “ No. 19 of 1958 Transport Act Section 9 1958 Amendment agreed to.

No. 14 of 1971 Transport Sections 22 and 29 Title, as amended, agreed to. (Miscellaneous Provisions) Act An Leas-Cheann Comhairle: When is it pro- 1971 posed to take Fifth Stage? ” Mr. Cullen: Now. Amendment agreed to. An Leas-Cheann Comhairle: Is that agreed? Mr. Cullen: I move amendment No. 157: 427 Railway Safety Bill 2001: 11 October 2005. Report Stage (Resumed) 428

Ms Shortall: No. Departmental officials kindly In deference to Members of the House and provided a briefing last week for Deputy Olivia proper procedure, I ask the Minister to defer Mitchell and myself, during which we discussed Report Stage to enable us to table amendments, the schedule for taking the legislation. The under- as we are entitled to do under Standing Orders. standing was that the Bill would not be before It would be most unfair if the Minister pushed the House until next week. I did not receive a ahead and forced Report Stage through without schedule of business for this week and it was only giving us notice and, thereby, denying us an when one of the officials rang me before lunch opportunity to engage in a debate on Fifth Stage. that I discovered the Bill would be before the An Leas-Cheann Comhairle: Where a Bill has House today. I want to table Report Stage been recommitted, it is not the practice to have a amendments, including an amendment that was separate Report Stage in respect of the amend- not discussed on Committee Stage. I gave notice ments. Recommital is not a separate Stage of a of my intention to table an amendment in that Bill and it can only be invoked when a Bill is on regard. Report Stage. If there is a disagreement on this This is not a satisfactory way of dealing with point and if there is a view that a separate Report legislation. Given that the Department sat on it Stage should be provided for the proceedings, for four years and that the Minister has sat on it Report Stage would need to be adjourned to for 12 months following a lengthy Committee enable time to be given for the tabling of amend- Stage debate, it is unreasonable to spring Fifth ments. These circumstances pertain and, there- Stage now and rush us into finalising the legis- fore, I will put the question. lation. Another few days will not make a differ- Question put: “That Fourth Stage be now ence to the legislation. adjourned.”

The Da´il divided: Ta´, 50; Nı´l 62.

Ta´

Allen, Bernard. McGrath, Paul. Boyle, Dan. McHugh, Paddy. Breen, James. McManus, Liz. Broughan, Thomas P. Mitchell, Olivia. Bruton, Richard. Murphy, Catherine. Burton, Joan. Murphy, Gerard. Connaughton, Paul. Naughten, Denis. Connolly, Paudge. Neville, Dan. O´ Caola´in, Caoimhghı´n. Costello, Joe. ´ Crawford, Seymour. O Snodaigh, Aengus. O’Dowd, Fergus. Crowe, Sea´n. O’Sullivan, Jan. Deenihan, Jimmy. Pattison, Seamus. English, Damien. Penrose, Willie. Gilmore, Eamon. Perry, John. Gregory, Tony. Quinn, Ruairi. Higgins, Joe. Rabbitte, Pat. Higgins, Michael D. Ryan, Eamon. Hogan, Phil. Ryan, Sea´n. Howlin, Brendan. Shortall, Ro´ isı´n. Kenny, Enda. Stanton, David. Lynch, Kathleen. Timmins, Billy. McCormack, Padraic. Twomey, Liam. McEntee, Shane. Upton, Mary. McGinley, Dinny. Wall, Jack. McGrath, Finian.

Nı´l

Ahern, Noel. Cullen, Martin. Andrews, Barry. Curran, John. Ardagh, Sea´n. Davern, Noel. Blaney, Niall. de Valera, Sı´le. Brady, Johnny. Dempsey, Noel. Brady, Martin. Dempsey, Tony. Browne, John. Dennehy, John. Callanan, Joe. Devins, Jimmy. Carey, Pat. Ellis, John. Carty, John. Fahey, Frank. Coughlan, Mary. Finneran, Michael. Cowen, Brian. Fitzpatrick, Dermot. 429 Irish Ferries: 11 October 2005. Motion 430

Nı´l—continued

Fleming, Sea´n. Mulcahy, Michael. Gallagher, Pat The Cope. Nolan, M. J. Glennon, Jim. O´ Cuı´v, E´ amon. Grealish, Noel. O´ Fearghaı´l, Sea´n. Hanafin, Mary. O’Connor, Charlie. Haughey, Sea´n. O’Dea, Willie. Hoctor, Ma´ire. O’Donnell, Liz. O’Donovan, Denis. Jacob, Joe. O’Flynn, Noel. Kelleher, Billy. O’Keeffe, Ned. Killeen, Tony. O’Malley, Fiona. Kirk, Seamus. O’Malley, Tim. Kitt, Tom. Power, Peter. Lenihan, Brian. Roche, Dick. McDowell, Michael. Treacy, Noel. McEllistrim, Thomas. Wallace, Dan. McGuinness, John. Walsh, Joe. Moloney, John. Wilkinson, Ollie. Moynihan, Donal. Wright, G.V. Moynihan, Michael.

Tellers: Ta´, Deputies Neville and Broughan; Nı´l, Deputies Kitt and Kelleher.

Question declared lost. hour, less than half the current legal minimum wage in the State; Railway Safety Bill 2001: Order for Final Stage. — the support which the employers body, IBEC, publicly gave to this strategy of Minister for Transport (Mr. Cullen): I move: Irish Ferries, thus making a mockery of “That Fifth Stage be taken now.” its claim to be in partnership with workers and their trade unions; Question put and agreed to. — the hypocrisy of the Government pre- tending to be critical of the Irish Ferries Railway Safety Bill 2001: Fifth Stage. proposal yet having paid a grant of mil- lions of euro to that company to make Question, “That the Bill do now pass”, put and 150 workers redundant on the MV declared carried. Normandy to be replaced by exploited labour; and Private Members’ Business. — the growing tendency in areas such as ———— construction, the meat industry, hotels and catering to exploit migrant labour at the expense of permanent jobs on Irish Ferries: Motion. trade union rates of pay and decent Mr. Gregory: I move: working conditions; That Da´il E´ ireann demands: condemns: — that Irish Ferries immediately abandons this proposal; — the action of Irish Ferries in proposing — that the Government introduces legis- to sack 543 workers who are on trade lation to outlaw ship owners and oper- union rates of pay and established ators using flags of convenience to working conditions to be replaced by trample on workers rights; and vulnerable migrant workers on appal- ling wages and conditions; — that the Government immediately initiates EU-wide legislative measures — the strategy of registering ships under to the same end; so called flags of convenience to facili- tate a regime of exploitation on board; supports: — the greed driving this strategy as evi- — the right of trade unions to take indus- denced by the huge salaries paid to Irish trial action to prevent the Irish Ferries Ferries senior executives while the east proposal being implemented; European workers proposed to be — international trade union campaigns to employed would be on about \3.50 an outlaw flags of convenience; 431 Irish Ferries: 11 October 2005. Motion 432

[Mr. Gregory.] Ferries but at least it will not happen to me”. — the right of, and strongly encourages, all How many of these people are aware of possible migrant workers to join trade unions upcoming legislation, namely the services and unite with Irish born workers in directive, emanating from the European Parlia- achieving decent pay, safe and proper ment? While there are positive aspects to this working conditions and freedom from legislation, one of the key issues is the country of victimisation and urges the trade union origin principle. If a service provider from coun- movement to launch an intensive cam- try A provides services in another country, for paign to facilitate this; and example, Ireland, that service provider will be subject only to consumer and employment legis- — calls for an appropriate increase in the lation in its own country yet will provide services number of labour inspectors who in Ireland. should be well resourced to assist workers suffering exploitation and to I and many members of the Parliament abso- prosecute their exploiters. lutely oppose this section of the directive. The Commission, however, and our Commissioner, I wish to share my time with Deputies Harkin, Mr. McCreevy, propose that we operate in this Connolly, Catherine Murphy, Cowley, Eamon way. Problems arose in the past with the textile Ryan and Crowe. industry in Donegal, today in Irish Ferries, and First, I absolutely reject the Government tomorrow or the next day might affect service amendment where it states that there is no ques- jobs. While the conditions and context of these tion of employment rights being in free-fall in this instances are not identical, the outcomes are State. It should tell that to the Gama workers for similar. whom the so-called robust State institutions The EU is not entirely to blame. It has been failed dismally to expose that scandal. It must be responsible for much progressive social legis- remembered that it was the same Labour Court lation and hopefully this will be true also of the that recommended the MV Normandy deal and services directive. In 1999 the European Parlia- set a precedent for this new Irish Ferries scandal. ment approved a ferries directive which protected Second, the Government makes reference to workers on ferries operating between member the social partnership continuing to contribute states, such that they would be subject to the but contribute to what? The social partnership same terms and conditions as those applicable to will be dead if the employer group, IBEC, con- the residents of one of the member states tinues to support the Irish Ferries executives’ between whose ports the service is provided. This strategy of replacing trade union rates of pay with was good legislation. No agreement could be half the minimum wage. reached, however, within the Council of Ministers The Irish Ferries workers were given no real or the Commission and in 2004 the Commission option. They either had to give up their jobs or withdrew the directive. face exploitation. If Irish Ferries is allowed to get This directive is to be reactivated but will it be away with this assault on the very concept of a too late for the Irish Ferries workers? Perhaps job with decent wages and conditions simply to this explains the moves by Irish Ferries to do the maximise profits, while its executives cream off deed before EU legislation might prevent it from obscene levels of income, it will give the green doing so. light to every greed-driven employer to replace The Government amendment to this motion is reasonably paid workers with vulnerable and a joke. It recalls Pontius Pilate washing his hands. exploited labour. It “calls on Irish Ferries to reconsider its proposal Most people believed this form of exploitation to outsource employment on its Irish Sea routes was in the past. If the Irish Ferries strategy is and to examine alternative viability options for allowed to happen any Government that stands these routes”. The Government and the Minister over it will be seen as acting in the interests of the of State know, as we all do, that Irish Ferries is exploiter rather than as a defender of the rights of going through the motions. It has no intention of the citizen. negotiating. It has been recruiting people for the past two months and its share price has risen in Ms Harkin: I welcome the opportunity to speak recent weeks. The market has spoken but the on this extremely important and timely motion Government is silent, paralysed by inaction and tabled by the Independent Deputies. While the washing its hands like Pontius Pilate. essence of this motion concerns Irish The Scottish Parliament did not abandon its 7 o’clock Ferries and the appalling vista facing workers. It brought in a range of requirements its workers, it also concerns the kind for the take-over of Northlink Ferries ensuring of Ireland in which we wish to live, and the rights new owners would comply with current rates, of Irish and migrant workers to earn a decent terms and work conditions. Irish Ferries is leading wage. the headlong race of greed to the bottom. It will Some people seem content to shrug their shoul- be urged on by commentators whose vision of ders saying “it is too bad for the workers on Irish Ireland is to maximise profit for the few, dis- 433 Irish Ferries: 11 October 2005. Motion 434 regarding the right of Irish and EU citizens to a If the ferry company gets away with this sustainable economic and socially balanced unscrupulous behaviour there is little doubt that future. It is time for Bertie the Socialist to stand other employers will follow suit. Such behaviour, up and be counted. condoned by IBEC, is already widespread in con- struction, security, catering, contract cleaning and Mr. Connolly: The dispute at Irish Ferries has in areas of manufacturing. Not all employers in the potential to blow the 18 year old social part- these sectors descend to the bottom but the cul- nership process sky high. This is the partnership ture appears to be gaining ground. that brought us the Celtic tiger. Irish Ferries man- There is no link between a ship’s owners and agement seems determined to embark on a its country of registration under a flag of con- course of naked and gross exploitation of vulner- venience. Companies register their ships under able, mainly eastern European employees. The these flags to maximise profit and minimise cost, company’s plan to make 540 of its workers redun- to avoid economic regulations and standards dant and replace them with cheap east European applying in their own countries. The crew’s pap- labour is an insult to Irish taxpayers who must ers are frequently confiscated as soon as they foot the bill for the redundancy payments. embark, effectively reducing them to slave status. The company has also threatened to withdraw Fewer than 40 countries have ratified the Con- its so-called offer if staff do not accept its terms. ference on Trade and Development. This has the whiff of industrial blackmail and bullying which hitherto has been foreign — no Ms C. Murphy: Early this year the MV pun intended — to all previous norms of indus- Normandy with a shamrock and the name Irish trial relations policy. The Taoiseach described the Ferries on its side, sat outside a French port move as unacceptable, deplorable and against the where it was not allowed to dock because it was spirit of social partnership. He also declared sev- using the equivalent of slave labour. This made eral times recently that he does not wish to see a the headlines in several EU countries. What kind race to the bottom in employment standards. I do of message is that to send out about this so-called not know who coined that phrase but it is apt. great economy, built on partnership between It is little wonder the Taoiseach has referred workers and employers? This company, when the issue of the Government subsidising the publicly owned, was a standard-bearer, a genuine redundancy package to the Attorney General for flagship, and that was in the bad old days. The his advice. The proposal has also been variously spectacle of French dockers refusing to allow the described as an affront to Irish taxpayers, corpor- Irish ship MV Normandy to dock sends a warning ate greed and naked pursuit of profit maximis- signal and unless we do something about it, we ation by an unscrupulous company. Its impli- will have to get used to our passengers being cations for the future of social partnership are stranded and goods produced here not reaching stark. Social partnership has, on balance, been their destinations. We must deal with the funda- good for the country with the greatest fruits mental issue of flags of convenience and their accruing to business. Is this why IBEC cries wolf consequences. about Irish Ferries’ cost base that it claims is The 543 workers, most of whom expressed an excessive relative to its competitors? At least interest in accepting redundancy — a word that those competitors normally hire crews in the should be in inverted commas — would have countries from which they sail and manage to been mad to do anything else. They were faced maintain relatively low cost bases. with the prospect of working at half the minimum The slave rate of \3.60 per hour proposed for wage under almost slave-like conditions. The ship east European workers is not only well below the is unlikely to be monitored and long-established average industrial wage but it is little more than practices such as international maritime conven- half the Irish minimum wage. If Irish Ferries can tions are to be set aside. Any right-thinking per- flout accepted industrial relations practices with son would have to ask himself whether he would impunity, and victimise our counterparts in work for that kind of money, with poorer con- eastern Europe the future for social partnership ditions, when he is putting his life at risk. Of looks grim. There is no guarantee that talks on a course they opted for redundancy, but let us call new national wage agreement to succeed Sustain- a spade a spade; it is not redundancy but social ing Progress will even get off the ground. Its dumping. I have always understood the term “re- future is in the balance. dundancy” to mean that the job was made redun- Irish Ferries already has egg on its corporate dant and not the worker. face following its unconscionable treatment of a I honestly do not understand why that is not Philippino worker, whom it paid \1 per hour. the main issue being addressed by the Govern- That was the bottom level of wage payments. ment. It is not redundancy. We are told that it is This worker achieved a payout of \35,000 after a being done because of low air fares, but the bulk very difficult fight. Irish Ferries was exposed as of Irish Ferries’ income is from freight. utterly lacking in any personal value system in its As an island nation, we cannot exist with the blind pursuit of corporate profits. practice of flags of convenience. Having con- 435 Irish Ferries: 11 October 2005. Motion 436

[Ms C. Murphy.] Those who constitute the Technical Group, the sidered their background, I am very concerned at Independents, have shown the people the way some aspects that are not really being highlighted. forward regarding how they can address its Standards in countries such as the Bahamas, agenda. The parties of the Technical Group, the where this set of vessels is registered, are not Green Party, Sinn Fe´in and the Socialist Party, those that we require, an example being the have shown a different point of view regarding requirement for ships to have a double hull. Spain how people can stand up for what is essentially paid the price in 2002 when its beaches were right. When decent people are put upon, the destroyed. Some 58% of all vessels lost at sea in people of this country will recognise that and 2001 flew flags of convenience, yet only 23% of stand up and be counted. They marched in their the total were registered as such. That indicates thousands in support of the Rossport Five and that there is a safety issue as well as an economic people’s right to be safe at home. When the Mini- one to consider in this context. ster of State at the Department of Justice, Equality and Law Reform, Deputy Fahey, came Dr. Cowley: I am glad to speak on this very along and decided to abolish the necessity of important motion, which reflects a total and utter planning permission for a previously unknown scandal regarding our position as a nation. We no process to bring gas ashore, they recognised that longer value the ordinary people on whose behalf as something very wrong and protested we are contracted to act. accordingly. This is but the tip of the iceberg. What is hap- The people of Ireland will certainly not take pening now with Irish Ferries, like the rotten this any more. I predict that if Irish Ferries suc- apple in the barrel, will spread and ensure that ceeds in going through with this, people will take workers will be deprived of what they regard as to the streets in their thousands. They will never their rights. They have fought long and hard again tolerate decent people being put upon by through their trade unions to get a minimum those whose only agenda is profit and who have wage, and while this manipulation is within the no wish to treat people decently. law, it is seen by every decent and reasonable per- We must look forward and decide what is son as the exploitation of workers. It must be important. Each of us in the Da´il has a contract stopped. There is an onus on the Government to treat our people properly and carry out our and everyone else to ensure that this rot is not mandate to represent our constituents. The par- allowed to spread. To do otherwise would be a ties and Independents of the Technical Group retrograde step. have proudly done so. With Irish Ferries and the We are all used to the idea of putting profits Rossport Five, we have learnt the lesson that the before people. For instance, in the Corrib gas conservative parties, Fianna Fa´il and Fine Gael, project, Shell, the arrogant multinational, has cannot be depended on to stand up for the been allowed to do so. What is happening now people, and that is where the Technical Group with Irish Ferries is similar. Today, Shell has been has shown an alternative way forward. in contempt of a ministerial order to break up a 3 km pipeline that it had absolutely no right to Mr. Eamon Ryan: I commend my colleagues in build for 71 days. That is a sign of its arrogance. What is happening with Irish Ferries today, with the Technical Group, and the Independents in all those workers fobbed off and forced to take the Da´il, for tabling this important and timely redundancy, is happening so that the company motion, which we in the Green Party whole- can turn another penny profit. It shows its heartedly support. agenda, which is simply to make profits. There It is interesting to listen to Deputy Cowley talk- must be a response from the Government and ing about the conservative nature of Irish politics; everyone else to ensure that people’s rights are I agree with him. One of the definitions of con- protected. servatism is the sense that things cannot change We must ask to what extent our Government and that, if the market decides something, we is colluding in all this. How much are the must unfortunately accept it. While the Taoiseach Tweedledum and Tweedledee of our conservative and various Ministers of State have talked up politics contributing to what is happening at Irish their concerns on this issue, from this side of the Ferries, and how much will they contribute in House we hear them say that unfortunately there future? Regarding the Rossport saga, five brave is nothing they can do and nothing can change. men were jailed for 94 days for trying to defend The first thing that must change is the current their right to be safe at home. What did Tweedle- culture of this country which allows this sort of dum and Tweedledee, Fianna Fa´il and Fine Gael, development. In many ways, we are powerless do for those men? How much did they do to against the forces of globalisation and the way in ensure that people’s basic property rights were which the international market changes matters. upheld? I would say that they did very little. However, we have a collective choice as a people, Their complimenting each other on their states- regarding how exactly that develops and what manship told the whole story. culture becomes established here. I fear that, in 437 Irish Ferries: 11 October 2005. Motion 438 the Irish Ferries dispute, we are looking at a real It is regrettable that we have seen something loss in culture. of a physical representation of the Government It was interesting, as a member of the Joint handling of this issue in the team tag that took Committee on Communications, Marine and place when the Minister of State, Deputy Killeen, Natural Resources, to visit the new maritime stepped out as the Minister of State, Deputy college in Cork last year and witness the great Gallagher, stepped in. In trying to raise this issue, pride in it. We recognised its great importance to Opposition Members have had to go to and fro an island nation. To point to our status as an between the various Departments. A co- island nation may be a cliche´ but it is an ordinated approach is needed. It is regrettable important reality. In the future, as our energy that Deputy Killeen did not remain for the rest scenario unfolds, it will be even more relevant as of the debate. The two Ministers of State must we become increasingly dependent on sea routes work together on this issue rather than one step- for our future economic and social well-being. In ping out and the other stepping in. these circumstances, we must recognise that to lack the skill base of a maritime workforce whose Mr. J. Higgins: The senior Minister should be members build up experience and knowledge here. over many years will be a significant loss. The Government has presided over a cultural Mr. Eamon Ryan: The importance of this issue change in the last eight years which is epitomised demands that the senior and junior Ministers by certain executives earning remarkable wages from the relevant Departments should be here. while workers at the bottom of the corporate Such a response by the Government would be structure earn a tiny fraction of them. This is an indicative of the change of culture that we seek. unacceptable culture and the situation at Irish It would show that this House takes the matter Ferries is a continuation of that. It is the worst seriously, that the State is not dominated by cor- possible development in the culture of the div- porate interests and that we will occasionally flex ided, unequal society this Government has our muscles as a democratic republic and take a allowed to grow. stand in terms of how we want our country to The management of Irish Ferries must answer develop. Such a stance, in both its language and for the wage levels it is willing to promote. More- intent, would have an affect in terms of the over, it must also answer for its actions. There approach companies decide to take in the long must be a change in culture and management in run. Irish business. It seems clear that investment I regret that the Minister for Enterprise, Trade decisions by management rather than the actions and Employment is not here for this debate. It is of the workforce led the company into the current ironic, interesting and perhaps apt that at the difficulties with which it claims to struggle. For a same time we are discussing this debate, we are company to react to such poor management preparing for a debate on legislation dealing with decisions and investment practice by immediately the employment of migrant workers. This is an opting to procure cheaper labour to relieve the area in which we can seek amendments that would provide real strength in our right and just problems created by the management is a dis- attempt not to allow a race to the bottom to graceful development in the culture of Irish develop. I see nothing in the Employment Per- management. mits Bill 2005 which addresses the type of issue we face on this occasion although it presents the Mr. J. Higgins: That is the nature of capitalism. perfect opportunity to do so. I am thrilled to see people from so many differ- Mr. Eamon Ryan: Yes. However, it is possible ent countries coming to Ireland. Such devel- for business and enterprise to adhere to a differ- opments are of benefit to us all. There is no ent culture. Such a change is required and the reason these immigrant workers should not have Government must take responsibility in this the same rights as Irish workers in terms of access regard. to the Labour Court, pay and conditions and so Many Members observed that we could have on. If such guarantees of parity were in place been a champion in the EU for the ferries there would be no race to the bottom. We could directive, which would have precisely dealt with simply open up our economy without the dumb- this particular issue. I look forward to the Mini- ing down we have seen. I regret very much that ster for State, Deputy Gallagher’s, explanation of the Government has not taken the opportunity the role played by the Government and his presented by the Employment Permits Bill 2005 Department in the Council of Ministers to pro- to establish a framework and policy background mote that directive. The Minister of State might in which corporations can exist. It is also a matter also explain what he intends to do further in of regret that the Department of Communi- terms of the EU stage. This is one of the areas cations, Marine and Natural Resources has not where we can do something to address the prob- lived up to the standards this House expects in lem we face in this regard. regard to maritime inspections. 439 Irish Ferries: 11 October 2005. Motion 440

[Mr. Eamon Ryan.] Minister to take action to ensure Irish workers A wide ranging debate must take place on the are not bullied out of their jobs. Events at Aer role of the EU in this area. I do not recall the Lingus and Irish Ferries threaten to unravel the Government doing much to maintain standards national social partnership process. Executives in terms of the ferries directive. Our only contri- paid more than \14,000 per week cannot be bution to EU developments in recent years has allowed to bully workers out of their jobs and been to send Charlie McCreevy to Brussels. His ride roughshod over workers’ basic rights in their world view is clear in that he is opposed to any pursuit of greater profits. The danger now is that regulation in business and directives in general. these extremely well paid executives will see this He would prefer simply to allow global capital to type of sharp practice as an acceptable way to flourish unhindered. This suits us for now and our grab even more profits for them and their economy has no doubt prospered on the back of companies. being a centre of localisation for global capital. Is the Minister of State not concerned that the However, it is interesting that even IBEC has social partnership process threatens to unravel? raised concerns in terms of the loss of manufac- Amazingly, it appears that management has mis- turing jobs and the decline of certain industries. interpreted the unions’ involvement in partner- People sense a long-term direction change in ship as a weakness. The contribution of the their increasing realisation that we who have unions to the Celtic tiger counts for nothing benefitted so much from the policy of globalis- against the avarice and arrogance of these people. ation may in the long run be particularly vulner- Does the Minister of State consider the unions able. Having become dependent on such forces, to be weak and will he allow their rights to be if the jobs migrate to Poland, Hungary or other undermined? He knows this is not the case. cheaper locations, we will be left without the If the precedent being set is not reversed it will wealth generating sector and nothing but a low- mean an end to the national social partnership wage economy. In such a scenario, to have and have severe implications for the rights of allowed a rush to the bottom means we will no Irish workers and industrial relations in general. longer enjoy the quality of life or the income we The gung-ho dismissal by management of expect. SIPTU’s independent financial report on the We must take practical measures to address company shows the contempt it holds for the this matter. If we cannot achieve our objectives workers in that company. immediately or quickly enough on an EU level, It is not good enough for the Government to we should consider the possibility of bilateral run away from this issue. Even if the redundancy negotiations in agreement with the British and issue is resolved is it good enough that Irish French Governments to set certain key standards. workers will work seven days per week doing 12 This would prevent a race to the bottom and hour shifts on a rate that is well below the mini- ensure there is a basic standard of operation in mum wage? The Taoiseach and the Minister ferry services so that companies cannot choose deplored this situation but like Pontius Pilate as their first option the replacement of existing they washed their hands and claimed there is workers with cheaper labour. This is one practi- nothing they can do about it. cal, achievable measure the Government should In regard to the Irish Ferries issue I suggest pursue in the short time we have available rather two solutions. The Government can demand at than sitting back in its conservative way bemoan- European Council level an EU ferries directive ing that nothing can be done about the market. to deal with the flags of convenience issue. Will I commend this motion. Tomorrow, my col- we get a commitment from the Minister of State league Deputy Boyle will further explain the today that this will be done? I have already raised views of the Green Party on this matter . this issue with the Minister and I have been informed negotiations are taking place. The Mr. Crowe: It is undeniable that Irish Ferries is workers in Irish Ferries want answers. If the conducting a human resources strategy which is Minister of State is unable to give a commitment geared towards replacing its Irish crews with on this issue he could consider introducing a eastern European labour. These workers will be licensing regime for ferries operating on Irish paid well below the minimum wage — the figure waters. This could be done to ensure that ferries mentioned is a miserly \3.60 per hour. Irish Fer- operating in Irish waters adhere to Irish labour ries has outlined to its staff that failure to take law. This has already been done by the Scottish the so-called voluntary redundancy package will Executive. I ask the Minister to address the issues lead to a drastic reduction in their working con- I have raised and give an undertaking to the ditions with longer hours, wage cuts and shorter House that no company that engages in what the holidays. This makes a mockery of the term Taoiseach has described as deplorable, “voluntary redundancy”. unacceptable and sharp practice will be given the This is a repeat of the travesty we witnessed Government contract. Given the Government’s recently in Aer Lingus, where workers are being track record with Gama it is important that this forced out of their jobs. It is incumbent on the precedent be laid down before companies get the 441 Irish Ferries: 11 October 2005. Motion 442 idea that these practices are acceptable to this or its Irish Sea routes and to examine any other Government. alternative viability options for these It is worth reflecting on the consequences of routes; privatisation. Irish Ferries was once a State com- — notes the applicability of national and pany serving the strategic interests of this island international maritime law in the area and is now a private company epitomising corpor- of ship registration and the Govern- ate greed by exploiting migrant labour and ment’s current consultation on ship threatening to shut down the Dublin-Holyhead registration legislation; and Rosslare-Pembroke routes if workers do not accept the redundancy proposals. Does the Mini- — recognises the importance of shipping ster accept the workers in Bus E´ ireann have more in the handling of Ireland’s imports and reason than ever to fear privatisation? This will exports and the high cost to the econ- lead to a rapid erosion of the value of labour with omy of any interference with our stra- the loss of more jobs at the minimum wage rate. tegic shipping services; and We see here a concerted attack on the value of labour and I ask the Minister of State to say who — notes the Government’s intention to is at fault. Should the unions be forced to take request the Irish Maritime Develop- action to defend the workers and their rights in ment Office to carry out a thorough Irish Ferries? evaluation of the results of existing stra- tegies to promote the Irish maritime Minister of State at the Department of sector, including the successes achieved Communications, Marine and Natural Resources to date and the issues to be addressed (Mr. Gallagher): I move amendment No. 1: going forward, particularly in the light of recent developments, and to make ´ To delete all words after “Da´il Eireann” and recommendations accordingly for con- substitute the following: sideration by the Government. — notes that Ireland has in place a full Molaim an leasu´ thar ceann an Aire Fiontair, body of employment rights legislation Tra´da´la agus Fostaı´ochta, an Teachta Michea´l which covers the workplace relation- Martin. I wish to share time with my colleague ships between employers and the Minister of State at the Department of at the employees; Department of Enterprise, Trade and Employ- — notes there is no question of employ- ment, Deputy Killeen. ment rights being in free-fall as they I wish to reiterate my serious concern at the have a sound legislative foundation, current action being taken by Irish Ferries. The active compliance systems and robust company’s proposal to make 543 of its seafarers institutions for adjudication on rights redundant, or have them operate under reduced and resolving disputes together with pay and conditions, is undoubtedly very distress- broad social support; ing for all the workers concerned and their — notes with concern the initial reluctance families. of Irish Ferries to engage with the I am delighted that SIPTU, the Seamen’s industrial relations machinery of the Union of Ireland and the company, are in talks State and reminds the parties that our under the auspices of the Labour Court. I would dispute settlement system is based on not want anything said in the House this evening engagement with, and respect for, our to in any way prejudice these discussions. adjudication and dispute settlement It should not be forgotten that there are two bodies. To do otherwise only exacer- sides to this dispute. From briefings provided to bates the situation; me by the sector’s statutory development body, — notes that the institutions of social part- the Irish Maritime Development Office, I am nership will continue to contribute to aware of the commercial pressures on all shipping the attainment of agreed goals and that companies to reduce their costs and streamline they played a role in ensuring engage- their operations. It is not for me to seek to deter- ment with the Labour Court and the mine an independent shipping company’s busi- Labour Relations Commission — a pro- ness strategy. My goal is to get Irish ship oper- cess with which the Government would ators the best possible operating environment to urge all parties to participate in fully; support the company and its employers. Maintaining and increasing Irish seafarer — endorses the actions taken by Govern- employment has been a focus of the Government. ment to date in supporting the Irish We established the Irish Maritime Development maritime sector; Office to provide our shipping and shipping — calls on Irish Ferries to reconsider its services sector with a dedicated, statutory proposal to outsource employment on development office. The IMDO operates like a 443 Irish Ferries: 11 October 2005. Motion 444

[Mr. Gallagher.] cushioned the sector against operating cost mini IDA and helps my Department to make a increases and reduced business. case to Government on the sector’s behalf. We all recognise how essential it is that Ireland The Government has also set up a new \51 mil- has modern quality ferries to service our key trad- lion national maritime college to train our mer- ing routes, particularly the Irish Sea routes and chant marine and Irish Naval Service cadets. the routes to the continent. Given that more than Students pursuing careers at sea can now obtain 95% of our trade is carried in ships, we are partic- qualifications or degrees in Europe’s most mod- ularly vulnerable if those shipping services are ern nautical college. Together with the National curtailed. It would be regrettable if any form of College of Ireland’s International Maritime Stud- industrial action were to jeopardise the economy ies Institute, which opened in 2004, and which is by hindering our imports and exports. based in the Irish Financial Services Centre in Where ships are registered is less important Dublin, the new maritime college will help than in the past. Ireland’s marine survey office Ireland to develop as a choice location for shore- regularly inspects ships calling at our ports to based maritime activity. In that regard, the Euro- ensure their compliance with applicable inter- pean Commission is taking an increased interest national safety standards. That addresses the in boosting employment in the Community’s point raised by Deputy Ryan. The marine survey maritime sector. The Commission recognises that office supports State control and inspects ships professional mariners often progress from active without fear or favour irrespective of which flag sea service to shore-based jobs that require mari- they are flying. time experience. The living and working conditions of seafarers In recent years, the Government has intro- on those ships are regularly inspected by our port duced a competitive tonnage tax and relief in the State control officers. These officers check, inter income tax and social insurance areas to make it alia, that the ships they inspect are in compliance easier for ship operators to employ Irish sea- with the current main international labour organ- farers, and to increase the take home pay of sea- isation conventions, covering such matters as the farers working at sea for more than 161 days a provision of food supplies; cleanliness of galley year. and storage spaces; arrangements for holding, Some Deputies are aware that one of our relief making and storing water; catering arrangements; schemes, the employers’ of seafarers PRSI refund accommodation spaces; ventilation, heating and scheme, ended on 31 December 2003. The lighting; sanitary facilities; that hospital accom- scheme refunded employers of such seafarers modation is adequate, if required; medical certifi- their PRSI contribution for each of its seagoing cation; shipboard working arrangements; and sea- employees. The reintroduction of the scheme farers’ hours of work. required the agreement of the Ministers for There is no question of sub-standard shipping Social and Family Affairs and Finance and the being allowed to operate into and out of Irish co-operation of the Department’s mercantile ports. The Irish Maritime Development Office marine office. has estimated that the shipping services sector in In December 2004 agreement was reached that Ireland has more than 8,000 employees, and con- the scheme should be reintroduced with effect tributed about \1.45 billion to the economy in from 1 January 2004, for a period of seven years. 2004. Commission approval for the reintroduction of The sector covers not just the activities of our the scheme, under the 2004 Community guide- ship operators, but supports onshore activities in lines on State aid to maritime transport, is such areas as freight forwarding, ship broking, expected to be received in the next few days. I insurance, financial and legal services. am confident we will receive that approval given In recent days the possibility of an EU initiat- that the European Commission is anxious to ive being used to address the current seafarer pay ensure a European seafaring sector and advo- and employment issue was mentioned. There is cates such schemes. Accordingly, there will be no no EU directive on the manning of regular pass- break in the scheme’s application from the end of enger and ferry services operating in and between December 2003 for a further seven years. member states currently in force or being con- I have asked the Minister for Finance to con- sidered at present by member states. If the Com- sider the introduction of additional State aids for mission was to initiate such a proposal, I would the sector. I recognise the limitations of such aids have no difficulty with that and would give it in making ferry operations more competitive. careful consideration. State aids in the income tax and social insurance In 1998, there was an EU Commission pro- areas do not address on board work practices or posal, COM/98/0251, concerning a Commission manning requirements. They do not remove com- communication on a common policy on manning petition from low-fare airlines or prevent a regular passenger and ferry services operating in reduction in passenger and car traffic. In recent and between member states. A key provision of times the ferry sector has been particularly hard the Commission’s draft directive was its Article hit by the loss of duty free sales; these sales 2.2 which states that if the vessel used is not regis- 445 Irish Ferries: 11 October 2005. Motion 446 tered in a member state, the terms and conditions Mr. Gallagher: The competitiveness of our referred to shall be those applicable to the resi- maritime sector has implications for employment dents of one of the member states between whose in all sectors of the economy. Ireland has ben- ports the service is provided and with which the efited, for instance, from the introduction of cut- service has the closest connection and that the ting-edge ferry technology on our principal Irish closest connection shall be determined on the Sea route to the UK. The HSS fast ferry operated basis of the place from which the service is effec- by Stena Line and the MV Ulysses operated by tively managed. Irish Ferries, give Irish businesses access to the The European Parliament approved the pro- latest maritime technology. I am aware that some posal in March 1999. The Commission issued a Deputies have advocated that a licensing arrange- revised proposal in 2000, COM/2000/0437. ment should be put in place to control wages on However, no final agreement was reached in the ferries operating out of Ireland, similar to an Council of Ministers on the matter and the Com- arrangement in place in Scotland. An investi- mission formally withdrew the proposal in gation of that matter indicates that the Scottish August 2004. ferries concerned are used in the provision of island ferry services, operating under public Mr. Howlin: What was the Irish position? service obligation contracts. There is no possibility of having such arrange- Mr. Gallagher: At the time the proposal was ments in place on the Irish Sea central corridor, being considered, Ireland was concerned about where there is no shortage of private ferry oper- the economics of providing ferry services for per- ators willing to provide regular passenger and ipheral Community regions, such as Ireland, freight services without the need for a public particularly at off-peak seasons. We were also service obligation. concerned that the Commission’s proposals Last week in London, I took the opportunity excluded non-ferry vessels in direct competition to meet briefly with Dr. Stephen Ladyman, the with ferries, since freight traffic is now becoming British Minister responsible for transport. We of more importance to jumbo ferry operators had a discussion on how such matters could work than the transport of passengers and their cars. between our two member states. That discussion To facilitate consideration of the matter, we was as far as I got on that occasion but I am were in favour of a study being undertaken to anxious to pursue the issue of traffic between determine the implications of the proposals for Ireland and the UK because it is important to us. peripheral Community regions such as our own. The Government intends to request the Irish That would still be the case were the Commission Maritime Development Office to carry out a tho- to consider revisiting the matter in future. rough evaluation of the results of existing stra- Ireland is a far more peripheral location than tegies to promote the Irish maritime sector, either the UK or France. We are reliant on mari- particularly in light of recent developments. That time transport to address more than 95% of our evaluation will include an examination of the suc- trade needs. Recent statistics show that the Irish cesses achieved to date in promoting the sector shipping sector handled an estimated \120 billion and the issues to be addressed in going forward. euro worth of goods in 2004. That statistic alone I referred to the financial implications underscores the importance of the sector in con- involved. In recent years the Government made a necting the Irish economy with the global case to Europe to secure its approval for various market place. incentives. The Government will continue to do We have no rail link to take our trade to the that if necessary. Following an evaluation by my continent, like the UK. For France, maritime Department, the recommendations of the Irish transport is of relatively limited significance, inso- Maritime Development Office will form the basis far as trade with its Community partners is con- of a submission to Government. cerned. Any initiative to control seafarers’ pay on I urge all the parties to this dispute to sit down ferries operating between us and either of those once more and try to hammer out an agreement countries, would therefore have to be carefully on pay and work practices, which will meet the considered. We would have to consider the company’s operating needs while being fair to its impact of any proposals on our competitiveness, long-serving employees. trade and maritime sector as a whole. An Ceann Comhairle: I call the Minister of Mr. J. Higgins: That is exactly Mr. Rockwell’s State, Deputy Killeen. argument. It is a bloody disgrace. Mr. J. Higgins: As you know, a Cheann Comh- An Ceann Comhairle: The Deputy will have an airle, under Standing Orders I am allowed to ask opportunity to contribute later. the Minister if he will give way for two seconds.

Mr. J. Higgins: That is Irish Ferries’ argument. An Ceann Comhairle: Only if the Minister It is incredible. agrees, Deputy. 447 Irish Ferries: 11 October 2005. Motion 448

Mr. J. Higgins: Will he tell us how much money the new EU member states was not intended to the Irish—— give employers a green light to replace Irish workers with cheaper labour. An Ceann Comhairle: Does the Minister wish The consensus on economic and social policy to take a question from Deputy Joe Higgins? issues that we have had in Ireland through suc- cessive national partnership programmes could Mr. J. Higgins: It is a brief question. How much not have been achieved without the existence of money did the Government give to Irish Ferries agreed social standards. This consensus approach to sack 150 workers on the MV Normandy to involving employers, employees and Government replace them with cheap labour? has been a major contributor to Ireland’s recent economic success and has been backed up by a Mr. Gallagher: There were 150. I was there at well-balanced body of employment rights legis- the time but I had no control over that. It was not lation and measures designed to stimulate a matter for me to decide whether the jobs were employment that provide an appropriate frame- redundant rather than the people being made work for the purpose of achieving an efficient and redundant. I do not support such a thing. competitive business environment. The Minister for Enterprise, Trade and Employment, Deputy Mr. J. Higgins: They were not made redundant Martin, will be here tomorrow morning for the but the Government paid millions for it. How Second Stage of the Employment Permits Bill much? and I will be in the Seanad with the Employees (Provision of Information and Consultation) Bill. An Ceann Comhairle: I call the Minister of We are continuing to work to expand the range State, Deputy Killeen. of employment law.

Minister of State at the Department of Mr. Howlin: Both Bills are wholly inadequate. Enterprise, Trade and Employment (Mr. Killeen): Like Members on both sides of the Mr. Killeen: Employment rights legislation has House, I regret that it is once again necessary to an important role to play in promoting labour return to this subject in the Chamber. It is the market stability. The economic benefits of third time I have either answered questions or employment security and agreed employment spoken on the Irish Ferries issue. While some relationships in terms of co-operative work place little progress was made, I regret that it is neces- relations, greater internal flexibility, acceptance sary to continue to return to the subject. of technological change, cumulative skills acquis- However, I welcome the opportunity to put on ition and greater incentive for investment in record with my colleague, the Minister of State, human resources are widely recognised and Deputy Gallagher, the Government’s position on accepted. the situation. I note that the Da´il is invited to condemn the I propose to address a number of key issues. replacement of existing workers who benefit from We have a comprehensive body of employment trade union pay rates with what are called “vuln- rights legislation, which has as its objective the erable” migrant workers. While not supporting protection of employees against arbitrary behav- the stance of the company in this matter, not all iour by employers, provision for the safety and incoming workers can be described as “vulner- health of workers and fostering labour market able” simply because they are working outside harmony by promoting policies that minimise their country of origin. This is far too broad an conflict and maximise fairness. assumption. While the term “migrant worker” is While recognising the exceptional situation used in Ireland to describe virtually all workers that has arisen in the maritime sector, it is from overseas, when questioned, people tend not important to remember that the full range of Irish to think of German, Italian, American or British employment law still applies to persons employed nationals working in Ireland as migrant workers. in Ireland, regardless of nationality. This body of Very many thousands of workers from overseas law is being and will continue to be enforced. are in well-paid employment in the Irish econ- Governments cannot prevent job losses as omy. We cannot assume that everybody from such, which are a feature of a globalised world overseas is vulnerable simply because they pro- and an adaptive labour market. Accordingly, pose to work outside their own country. The Irish enterprises and sectors prosper and some decline, experience alone should provide ample evidence unless they remain competitive and meet the of that. We need to encourage workers to come needs of customers. However, this is different from other countries and will continue to do so from a situation where workers in viable as it is important for the growth of employment enterprises are deliberately replaced by cheaper here. labour from other countries. From the information made available to us of As the Taoiseach has already told the Da´il, free what the company proposes, any replacement access to the Irish labour market by nationals of workers in Irish Ferries are likely to be EU 449 Irish Ferries: 11 October 2005. Motion 450 nationals, probably from the new member states. lation in the maritime sector, the emerging If such persons want to work outside their own situation in Irish Ferries cannot simply be repli- country, they are free to seek work in Ireland, cated in the wider economy, where the broad Sweden and the UK without restriction. Many framework of Irish employment law and social thousands have availed of this opportunity. Many protection will still apply. others have the possibility of seeking entry to The Deputies proposing the motion request the specific occupations in other member states House to condemn what is termed “the growing where the governments of those member states tendency in areas such as construction, the meat have opted to continue to regulate entry to their industry, hotels and catering to exploit migrant domestic labour market. labour at the expense of permanent jobs on trade However, I should point out that the legal union rates of pay and decent working con- advice received regarding foreign-registered ships ditions.” It is important to bear in mind the dis- indicates that as a general rule the flag state, the tinction between what is illegal and what can be state where the ship is registered, has the exclus- held to constitute exploitation. The former is set ive right to exercise legislative and enforcement out in law while the latter tends to be much more jurisdiction over its ships on the high sea. That subjective. The State is obliged to enforce advice was made known to the Da´il in the middle employment law and conditions where these are of last year and everybody was aware of it. From regulated. It is also obliged to ensure to the great- the Government’s perspective, there would be no est extent possible that persons are not brought question of granting work permits to an employer into the State by employers likely to exploit such in a case like this to facilitate the bringing in of persons. In this regard, the House should note workers from outside the broader European that the Department of Enterprise, Trade and Economic Area. Employment has in recent years refused to grant new work permits to employers found to be abus- Mr. J. Higgins: They have tens of thousands ing the facility. This can be and was done for from eastern Europe. clearly stated reasons of public policy and without any requirement to go to court. Certain cases Mr. Killeen: I was about to acknowledge the were also referred to the Garda national immi- positive role played by the Deputy in one area. If gration bureau for further investigation and this House and the public are to be convinced where evidence warranted it, some employers that this company is subject to the type of com- have been prosecuted. petitive pressures claimed, then much more infor- One of the greatest factors putting workers in mation will be necessary together with a greater danger of exploitation is when an employee is willingness to engage in dialogue with its working illegally within the State. This can come workforce. about through illegal entry, through overstaying Preliminary advice has been received from the a visitor’s visa or through being otherwise in Attorney General’s Office regarding whether or breach of the terms on which a person is admitted not a statutory redundancy situation will exist in to the State. Employers who employ such persons Irish Ferries. As no formal communication has are committing a criminal offence under the been received in the Department from the com- Employment Permits Act 2003 and, furthermore, pany regarding the exact nature of the proposed they also stand to gain a competitive advantage redundancies, this advice is based on media over employers who meet their obligations under reports of what Irish Ferries intends to do. On Irish employment law and who value and look the basis of the information available, the “re- after their workforce. Illegal working undercuts dundancy” may not fall within the definition in all those who are working legally. I urge all the Redundancy Payments Acts. Clarity can only Deputies and all members of the public who may be brought to the issue if, and when, the company come across such illegal employment with its makes a formal application to the Department for associated capacity for exploitation to report a redundancy rebate. In that event and in the details to the Department of Enterprise, Trade event of disagreement it would be possible to and Employment to enable appropriate action to refer the matter to the Employment Appeals be taken. Tribunal. I am frequently disappointed to hear people, I am not in a position to say that the company including occasionally Members in the House, is not experiencing tougher competition in a rap- make broad statements without giving specifics. idly changing environment. Neither am I in a Once details are made available to the Depart- position to say that changes in work practices at ment, such issues will be pursued. I urge every- the company are not necessary to cope with new body to make such information available to the challenges. However, this matter should be inspectors. addressed on the specifics of this case and not In the rapidly expanding economy of recent confused with wider issues relating to overseas years, it has become clear that an increase in the workers in Ireland. Owing to the particular cir- numbers employed in the labour inspectorate was cumstances governing employment and regu- necessary to assist in ensuring compliance with 451 Irish Ferries: 11 October 2005. Motion 452

[Mr. Killeen.] work together to help ensure a positive industrial the legal obligations of the many new enterprises. relations climate for economic and social pro- As Members will be aware, we are in the process gress. The national implementation body has of increasing the number of inspectors from 17 played an important role in the Irish Ferries issue to 31. However, the Department, like other State by calling on the parties to respond positively to agencies must also rely, to a large degree, on the an invitation from the Labour Court to both par- assistance and information provided by other ties to meet for informal and exploratory dis- groups in civil society. While labour inspectors cussions. cannot be everywhere at once, they can certainly To remain a competitive, growing economy, be deployed where a clear prima facie case has with the capacity to improve our social provision been made. In this regard, I would suggest to the we must continue to build on what it has achieved House, in general, and to the Deputies who have for us. Over the past 18 years, if we have learned raised this matter in particular, that they should anything, it is that a shared analysis of the issues bring the details of any specific breaches of coupled with a problem-solving approach has employment law or conditions by specific worked. employers in their constituencies to the attention Social partnership, however, is not a recipe for of the Department. Deputy Joe Higgins made a perfection. Not everything works as planned. Not very valuable contribution in this regard recently, everyone complies with what is expected of them based on evidence. This can assist greatly in in the agreements. Imperfect as it is, however, it ensuring a rapid and effective response. We will has delivered far more for each of the participants respond with a single-minded determination to — all of us — than could possibly be achieved in gather evidence sufficient to prosecute trans- the bad old days of confrontation and conflict. As gressors. This applies to the sectors mentioned in rapid economic and social change continues, Irish the motion tabled by the Deputies opposite and society needs the stability provided by the part- to any other sectors where such problems arise. nership approach. Everyone has benefited. As We in Ireland are very fortunate in the indus- the Taoiseach said this morning, everyone — trial relations systems we have developed employers, trade unions and the Government — together. The fundamental approach of success- has an obligation to contribute to its continu- ive Governments to industrial relations has been ation. Those who are free riders on partnership one of voluntarism. There is consensus among the and ignore its requirements on their behaviour social partners that the terms and conditions of should not be supported. employment of workers are best determined However, honest engagement in a problem- through the process of voluntary bargaining solving way within the partnership process is an between employers and workers and between obligation on us all. There is no problem of employers’ associations and one or more trade employment relations which cannot unions or staff associations. This approach to 8 o’clock be sensibly addressed through part- industrial relations has served us well over the nership, and none which can be years. addressed more effectively by abandoning part- In general, our laws do not try to impose a sol- nership. If people have an alternate model to ution on parties to a trade dispute, but rather are offer they should do so, but in the interim the designed to help support the parties in resolving benefits of partnership are clear to all. their differences. The State has, by and large, While serious issues require to be addressed confined its role to underpinning voluntarism urgently in Irish Ferries, these can and should be through the provision a framework and insti- progressed with the support and assistance of the tutions through which good industrial relations State’s industrial relations machinery. Accord- can prosper. Institutions have been established ingly, the initial reluctance of Irish Ferries to that can assist in the resolution of disputes accede to the invitation from the Labour Court between employers and workers such as the to discuss the proposed redundancy package was Labour Relations Commission, including its profoundly regrettable. However, Irish Ferries rights commissioner service, the Labour Court and the unions did attend the Labour Court on and the Employment Appeals Tribunal. Monday 3 October. Arising from the meeting, the Our model for partnership is unique and company agreed to enter talks aimed at finding adapted to Irish needs enabling us to manage agreement by the end of October at the latest on rapid change successfully built on support for the its proposed redundancy package. changes necessary to meet our economic and In the light of those developments, normal societal goals of growth and employment. In industrial relations procedures are now being fol- addition, institutions of social partnership play a lowed at Irish Ferries, which I welcome. This was significant role in ensuring delivery of the indus- not the case when I answered questions in the trial stability and peace provisions of the national House last week. The services of the State’s dis- agreements. In this context, the national imple- pute-settling machinery of the Labour Relations mentation body serves as a forum where the Commission and the Labour Court will continue Government, employers and trade unions can to be at the disposal of the parties involved. 453 Irish Ferries: 11 October 2005. Motion 454

Mr. Hogan: I wish to share time with Deputy low-cost economy. We are living in a global com- Perry. petitive world economy and must contain costs. Fine Gael believes that the developments at The Government stands negligent on this front. Irish Ferries are very worrying. That a former It has introduced stealth tax after stealth tax and State company would resort to such tactics in charge after charge, which has ensured that order to cut costs without the slightest concern indigenous Irish jobs in the manufacturing and for the workers whose livelihoods it is destroying maritime sectors are now at risk, as particularly is scandalous. Whatever captain of industry exemplified by Irish Ferries. decided on this course of action and thought it People have heard me regularly in this House was a good idea to shed workers in this cavalier listing all the stealth taxes and charges so I will fashion should be ashamed. not bore the House with them. Nevertheless, The developments in Irish Ferries are signifi- VAT, vehicle registration tax and motor tax have cant not just because of those whom they directly all increased. All the various energy sectors which affect. Every employee in the country is looking feed into a modern competitive economy are now at Irish Ferries and saying “soon, that could be out of control as a result of the regulators, me”. We have a duty in this House to ensure that endorsed by Government policy, who are ensur- it does not become the norm, and the Govern- ing that we have a 25 per cent increase in energy ment has a duty to ensure that other workers do costs alone from 1 October of this year. That is not face the same situation. not an acceptable way of ensuring that we have I do not believe that issues of resentment of a modern, progressive, competitive and globally migrant workers as a result of the displacement orientated economy. Ireland has gone from of existing Irish workers should be fuelled by the fourth in 2000 to 26th this year in the World irresponsible manner in which Irish Ferries has Economic Forum’s global competitiveness report, handled this issue. There is a more responsible mainly as a result of the failure to control our way of acting and we would like to see more of prices. The Government’s own body, the that through the existing industrial relations National Competitiveness Council, says Irish machinery. prices rose 22% more than those in other EU In late 1999, Irish Ferries announced that it was countries in the years 1999-2003. \ to spend 17 million to purchase the ship MV The Government fails to see that every policy Normandy. It is extraordinary that only six years influences another, and if Irish Ferries did not after such an enormous capital outlay, it is taking face high costs elsewhere it would be harder for this “remedial” action. Further, in May 2005 it it to engage in its “poor mouth” antics and claim became known that Irish Ferries was one of the it was necessary to take the approach it seems main beneficiaries of the so-called tonnage tax intent on taking. scheme to which the Minister of State referred. I ask the Government once again to get to grips The company saved an estimated \3 million in tax payments in 2003, the first year of the scheme’s with the cost base we are facing. We have seen operation. It was made clear at that time that that the manufacturing sector is in difficulty, with without the tax break, “jobs at Irish Ferries would 20,000 jobs lost since 1999, notwithstanding our be lost”. So much for tax schemes, for solid low overall level of unemployment. We risk investment, for planning for the future, and a endangering the value added economy we have strategic development plan for a company. It does done so much to build if we do not start to take not augur well for the future of a company with remedial steps now to make it cheaper and easier such managerial experience. to do business in this country. The House will be well aware that Irish Ferries These are the issues which organisations like became an industrial relations pariah when it IBEC in particular should be highlighting with decided it was perfectly acceptable to pay one of Government, rather than sleepwalking through its employees \1 per hour to work on one of its the existing social partnership process. Recent ships — and all of this from a company that comments by IBEC regarding the dispute at Irish apparently buys into social partnership, a project Ferries were astounding. IBEC said: that has served us well and served the company The issue now for the trade unions is to well over the years. decide whether it is better to have several hun- Irish Ferries accordingly stands accused, but so dred moderately paid Irish jobs remaining in too does the Government. This country is a small Irish Ferries or to have no jobs at all. island nation and needs two things in particular among many others: a dynamic, competition-led That type of threatening attitude does nothing for shipping sector and a Government determined to social partnership and is not the constructive ensure the competitiveness of the Irish economy. approach required to resolve this dispute. We Ireland currently has neither. The Taoiseach now know that as far as IBEC is concerned, might attempt to look tough by vaguely threaten- employers have the right to do whatever they ing Irish Ferries over its actions but he has done want because it is better to be treated disgrace- little to provide the company with a dynamic, fully by one’s boss than to be on the dole. 455 Irish Ferries: 11 October 2005. Motion 456

[Mr. Hogan.] come but must have a clear focus on employment I share IBEC’s concern about the cost base of for the student involved and future job potential. Irish Ferries but I do not share its attitude to It is pointless to encourage a student to spend a resolving the dispute. I abhor the abuse of a number of years studying a discipline in which he system designed to protect workers for Irish Fer- or she may never find a job or in which he or she ries’ own ends. The Government is the guardian will have to compete with people who will work of the rights of citizens. If it turns out that those for half the cost. The awful reality is that the rights are being circumvented then it has a case Government’s lack of forward thinking has meant to answer. I call on unions to take the moral high that opportunities for graduates coming from this ground on this issue and use the existing mechan- college are now considerably reduced. As Irish isms of social partnership and the Labour Court Ferries is the largest employer of Irish seafarers, to resolve the crisis, as they have been asking to the company’s decision will have enormous do, particularly SIPTU. repercussions for those attending the college. I do not advocate the action proposed by some, The Irish Maritime Development Office is that the ports of the nation be ground to a halt, charged with the development of the shipping which will do nothing to resolve the dispute but sector. This agency recently reviewed the ship- harm the economy, damage our competitiveness ping sector’s existing State aids. The agency also and destroy jobs. That is not a responsible and considered the case for new or modified aids. A constructive way to proceed. We cannot allow a report was compiled, which recommended the situation to occur where goods are prevented implementation of several State aids. Such State from leaving or coming to this jurisdiction aids were originally recommended to this because of the disgraceful actions of one wayward Government three years ago. If action had been ferry company. taken when it could have made a difference, the Social partnership works, as does the Labour Irish seafaring industry could now have a com- Court. Let us use them to resolve this dispute. pletely different outlook. This report is now with We must have a competitive economy, but people the Department of Finance. What action is who are working hard in Irish companies being taken? deserve respect. Irish people have had enough lip service from this Government. They need action. However, Mr. Perry: The decision by Irish Ferries to take the Government appears to be far too keen to this action represents a huge strategic loss to the spend vast amounts of money hiring consultants country. The move does not bode well for the to compile reports that sit on Ministers’ desks. sector and we must be prepared for massive The agency report is available but no action was changes in Irish seafaring. The Government must taken even though it would have a direct impact take the blame for this strategic loss. The bottom on the employment and retention of staff. line is that the Government has failed the Irish Ferries workers, the seafaring industry and all Mr. Gallagher: It was sent to the Department Irish people by failing to take action earlier. This of Finance within days. lack of foresight on the Government’s part has cost Irish Ferries’ staff their jobs. Mr. Perry: What happened? It is still with the The writing has been on the wall for Irish Fer- Government. The Government has also failed to ries for several years but the Government has re-introduce the PRSI rebate scheme. This failed to act time and again. The issue of scheme would allow for PRSI paid by employers additional tax breaks was first raised three years of Irish based seafarers to be refunded. Naturally ago with this Government. A year ago Irish Fer- such a scheme makes an enormous difference to ries started planning to outsource workers on the employers’ balance sheets. It costs an employer Normandy route, which serves Cherbourg and \100 to pay an employee \500. Consider how Roscoff. It is a damning indictment that the much it costs to pay 500 employees. That scheme Government failed to take action before now. was operational until 2003. The action of Irish Ferries is hugely regrettable. It will have a far reaching impact not alone on Mr. Gallagher: We reintroduced it and we are the families directly involved but on the seafar- waiting for feedback from Europe. ing industry. The National Maritime College recently Mr. Perry: It also provides a major incentive opened in Ringaskiddy at a cost to the taxpayer for employers to hold on to Irish Seafarers. The of \51 million. The purpose of this college is to scheme ended in 2003. train seafarers. It is unfortunate that there was no partnership approach with employers on the Mr. Gallagher: The Deputy should read my future opportunities that could be developed with contribution. this facility. Now, one of the major employers is taking the cheaper option when employing staff. Mr. Perry: The decision to reintroduce it is now Creation of educational institutions is always wel- with the European Commission. 457 Irish Ferries: 11 October 2005. Motion 458

Mr. Gallagher: Yes. this is a national question and we need to deal with it as such. There is a report sitting on the Mr. Perry: It might be too late. The stable door Minister for Finance, Deputy Cowen’s, desk is closed. which must be examined with great urgency. I am astonished it has not been dealt with before now. Mr. Howlin: The boat has sunk. There have been many debates about this. It is simply a matter of seeking a derogation in Mr. Perry: Why has the Government not acted Europe with regard to PRSI but that was not before now to reintroduce this scheme? What has done. What is the status of this report? It is happened since 2004? This involves a 20% cost imperative that the Department of Finance acts factor on the creation of a seafaring job. If that fast and considers it. reduction had been in place, Irish Ferries could The announcement that a public consultation not—— process on the re-flagging of ships is being set up is also a welcome development. Again, however, Mr. Gallagher: The company knew it was the Government seems to have staggered blindly being reintroduced. for a considerable period and is only now realis- ing that action must be taken. The decision to re- Mr. Perry: It is two years since that scheme fin- flag the MV Normandy was taken by Irish Ferries ished. The Government was aware of how ben- at the start of this year. The decision was known eficial the scheme was to the industry so why was to have been on the cards for a considerable time. this decision not referred to the European Com- The Department officially sought public opinion mission two years ago? on the issue on 17 August last. Where is the for- ward thinking and logic in this? Mr. Gallagher: It has been there for months. The aim of the consultation process is to open discussion on improvements to the current ship Mr. Perry: That is not good enough. If the registration system. It also intends to develop a scheme was still in place, Irish Ferries would not new and integrated policy on the registration of have justification for the action it is now taking. vessels for the future. This is a good step but it That is the simple truth. This Government has is more than a year too late. A problem on the acted recklessly with the jobs of 543 Irish Ferries Normandy route was first identified in 2004 but workers. Responsibility must be taken for this. the current consultation period continues to the The PRSI rebate that should have been renewed end of December this year. Why is the Govern- would have made a difference. PRSI is a huge ment so devastatingly unable to take decisions cost and this involved a discount of 20% in when they are needed? employer costs. I do not condone the action taken The demands in this motion must be examined. by Irish Ferries but a large degree of blame for The Government must urgently introduce legis- these job losses rests with this Government and lation to outlaw ship owners and operators who its inaction. use flags of convenience to ignore workers’ rights. The concerns of Irish seafarers were simply We have not brought this country so far in terms ignored in recent years. Irish Ferries’ announce- of employment legislation only to allow compan- ment of this outrageous decision of all but com- ies to exploit foreign workers within our waters. pulsory redundancy shows the level of priority Workers on ferries flying under flags of con- this Government gives to maritime issues. I venience are paid less than half our minimum respect the Minister of State’s work as Minister wage. That is not good enough. The vast majority of State with responsibility for the marine but of Irish employers treat their staff fairly and this there is no Cabinet Minister with direct responsi- is only proper and should be the least one should bility for maritime affairs for our island nation. expect. However, allowing foreign workers to That has had an impact not only on this issue but work on our waters for low wages is the shame on several others. Our island status cannot be of this Government. This has now been hap- ignored. However, the Government stance of pening for nine months. The MV Normandy re- appointing a Minister of State to deal with this flagged itself to operate under the flag of the important portfolio shows the lack of concern it Bahamas eight months before this consultation has for many of the most basic needs of this coun- process was announced. What action did the try. It cannot be sufficiently emphasised that Government take in the interim? It was highly respect must be given to maritime affairs. hypocritical of the Government to denounce in One of Irish Ferries’ chief competitors is Brit- the House the decision of Irish Ferries and then tany Ferries, which is highly subsidised by the pay a grant worth millions of euro to the same French Government. Irish Ferries is not a State company when 150 workers on the MV owned company and has not been since 1992. Normandy were made redundant. However, we must examine what measures could There is a great deal of talk from the Govern- be introduced to stop a major employer imple- ment but it must understand that Irish people are menting a severance package. As an island nation sick and tired of hearing all this talk but seeing 459 Irish Ferries: 11 October 2005. Motion 460

[Mr. Perry.] The partnership forum is the appropriate no action. The growing tendency to exploit forum for the development of goodwill between workers in a variety of employment areas must both sides. With the best will in the world, no be stopped. Irish people were often exploited Government nor any aspirational Government when they went abroad to find work when the could possibly deal with the situation in a manner economy was not performing as well as now and other than has been adopted by this Government. it is horrendous to see the same exploitation I cannot call the action taken by Irish Ferries being repeated. Foreign workers in Ireland illegal because it is not illegal in the strict sense should be openly encouraged to join trade but it is wrong, immoral and utterly unions. There are reports of employers who dis- unacceptable—— courage and do not allow union membership and such people should feel the full force of the law. Mr. Howlin: The Government should make it The Government has failed the seafarers of this illegal. country. Its inaction in the past year and a half has allowed Irish Ferries to make this outrageous Mr. Glennon: ——and outside the spirit of the announcement. It is difficult to understand the framework of any law. It is the responsibility of reasons for the failure of the Government’s incentives to encourage job retention. the Government to look after the employees as best it can. I am confident the Ministers of State, Mr. Glennon: I wish to respond to points which Deputies Gallagher and Killeen, are discharging have arisen in the debate. The Green Party their duties to the full and will be seen in due spokesperson on transport, Deputy Eamon Ryan, course to have done so. criticised different Government Deputies. He was I refer to a number of points addressed by the critical of the Minister, Deputy Martin, for his Minister of State, Deputy Killeen, in his contri- absence from the House. He is obviously unaware bution. He stated that employment rights legis- that the Minister is out of the country at an EU lation in this country has as its objective the pro- Council meeting. Deputy Ryan only stayed in the tection of employees against arbitrary behaviour Chamber for approximately 15 minutes yet he by employers, provision for the safety and health was highly critical of both Ministers of State, of workers and the fostering of labour market Deputies Gallagher and Killeen, each of whom harmony by promoting policies that minimise has been present for a considerably longer conflict and maximise fairness. This situation is period. They contributed to the debate and list- exceptional. Irish employment law only applies to ened attentively to the contributions of those in persons employed in this country, regardless of the House. I respectfully suggest Deputy Ryan their nationality and it does not apply to persons should take a leaf out of their respective books. who are employed outside this State. For the pur- Deputy Perry has accused the Government of poses of this dispute, the Irish flag and juris- failing Irish seafarers. I refute this charge which diction does not apply to the company even is opportunistic, to put it mildly. We are dealing though it is an Irish-based company. Employment with an unfortunate idiosyncrasy of modern law is enforced and will continue to be enforced employment law and the equivalent of latter-day but it is unfortunate that in this instance, Irish law pirates. International law relating to flags of con- has no jurisdiction. venience and general shipping laws relating to the use of flags can be exploited utterly by anybody Mr. J. Higgins: The Government should change with a mind to do so. the law. Mr. Howlin: They may be corrected by any Government with a mind to do so. Mr. Glennon: If the law could be changed as glibly and with such facility as a comment across Mr. Glennon: There is no question of exploi- the floor of the House, it would be a great thing tation of those laws by this Government and any- to do. It would be wonderful if it were all that thing like that is quite unfair and opportunistic. simple. The Deputy knows that Irish law cannot be extended to an area over which the State has Mr. J. Higgins: Neither capitalism nor socialism no jurisdiction. Irish law cannot be applied auto- but idiosyncrasy. matically to a ship sailing in and out of Ireland or indeed to an aircraft. Ireland once had a fine Mr. Glennon: It is piracy on the part of a com- merchant shipping fleet and it is a pity it is no pany with a recent semi-State history which has longer there. Irish ships sailing into international availed of an opportunity and decided to exploit ports would not wish to be subjected to the laws it to the full. It is a weakness in international law of certain countries nor should they be expected which is difficult to circumvent. The laws applying to be. in such circumstances are not the laws of this country. Debate adjourned. 461 Consultancy 11 October 2005. Contracts 462

Adjournment Debate. Two other issues are detailed on page 80 of the Comptroller and Auditor General’s report. First, ———— legal fees rose from \47,000 to over \294,000, a seven fold increase. Second, it was estimated that a minimum of 40 days assistance would be Consultancy Contracts. required for project management. A fixed price Mr. Allen: I thank the Chair for the oppor- per service day was required and the per diem tunity to raise an important issue, namely the cost rate varied between \480 and \1,450, depending over-runs in the preparation and production of on the particular consultant engaged. At the time Irish passports and the payment of royalties to of the audit carried out by the Comptroller and contractors for each passport issued. This is Auditor General, some \423,000 had been paid another example of the taxpayer forking out for for these services which, at the maximum rate, the golden fleeces that we have seen so many of would represent 290 days work by consultants. in recent times. There have been at least 13 major These are serious questions and I ask the Mini- cock-ups in public expenditure on capital prog- ster to reply to each point raised and give an rammes, the largest of which is the personnel, explanation to this House for the gross mis- payroll and related system, PPARS, costing \150 spending of hard earned taxpayers’ money. million to date, while the original estimate was \8.8 million. I do not have sufficient time to go Minister of State at the Department of Foreign through all 13 examples, but on the passport Affairs (Mr. Treacy): I apologise for the absence system, the Minister must answer some questions. of my colleague, the Minister for Foreign Affairs, Why was the provision of the automated pass- Deputy Dermot Ahern, who has had to travel port system so much more expensive than had north to a meeting this evening with Northern originally been estimated? The Minister must Secretary of State Peter Hain. also explain why a royalty must be paid by the During the tenure of the Rainbow Government taxpayer every time the new system is used. our passport system was allowed to deteriorate to According to the 2004 Annual Report from the a wholly unacceptable level. To produce just over half of the number of passports which we will Comptroller and Auditor General, the costs for issue this year, the public was subject to queues the provision of the new automated passport and lengthy delays on a daily basis. The hallmark system, for which a contract was signed in late of the Irish passport system when the parties 2002, was \21.819 million. This cost is 60% higher opposite were last in Government was queues than that estimated only two years earlier, when around the block at Molesworth Street and down a figure of \13.559 million was recommended by Kildare Street. Many in this House would have the Department of Foreign Affairs. While the witnessed those queues on their way in and out development of new technologies in the period of Leinster House week after week. from 2000 to 2002 may account for some of the This Government set about repairing this increase in cost, the total price of the contract is unfortunate situation. This has been done with still significantly higher than anticipated. The success and with value for taxpayers’ money. Our Minister must clarify the situation and outline the automated passport system fully meets all inter- reasons for the large increase in costs. national specifications, is widely regarded as one In addition, the contract for the automated of the most secure in the entire world and has passport system provided for the exclusive pur- been described by the US administration as abso- chase of blank passport booklets and data pages lutely superb. from the contractor and payment of a royalty for The system was never estimated to cost \3 mil- each passport issued. Based on an output of lion or \13.5 million. All assertions to that effect 650,000 passports, the cost to the taxpayer under are totally without foundation or substance and this specific arrangement is approximately \4.76 the parties opposite are well aware of that. million per annum. For each passport produced, the contractor receives more than \7 from the Mr. Allen: The Minister of State should take State. Having spent almost \22 million on this that up with the Comptroller and Auditor new automated passport system, the Minister General. must clarify why the taxpayer must also pay a royalty to the contractor each and every time the Mr. Treacy: There were various early esti- system is used. I also wish to know who owns the mations of the cost of upgrading the old system intellectual property rights to the new automated but not for implementing the new state of the art system and whether this matter was dealt with in passport system. Again, the Deputies opposite the contract. Taxpayers have paid for the are aware of this fact. The contract price, which development of a new system. Will they see any is the only relevant estimate, for our automated dividends if this system is used elsewhere? passport system was \21.8 million in 2002. It will 463 Crime 11 October 2005. Prevention 464

[Mr. Treacy.] this Government. Fine Gael has no fiscal spine actually cost \27.7 million on completion. These and is not tenable in the long-term. It is the party additional moneys are mainly for additional which brought us a 27% rise in hospital waiting security features in the new passport system lists, an 11% fall in local authority housing out- necessitated by tightened passport entry require- put, a £1.80 rise in the old aged pension, the ments in the US following 11 September 2001. Eircom shareholder compensation plan and the Had we failed to introduce these new security taxi driver compensation plan. It will never be the features following 11 September while we had the party of fiscal propriety. chance, the Deputies opposite would rightly have accused us of negligence. Mr. Allen: What of the golden fleeces of the The additional moneys were also used to intro- taxpayer? duce the express passport system into Northern Ireland, where there are over 40 post offices now Mr. Treacy: That is mere bluster. processing Irish passports. This year 26,000 people in Northern Ireland will avail of this new Mr. Allen: A total of 13 golden fleeces. service. The passport project was, at all times, conduc- Mr. Treacy: Bluster. ted within Department of Finance guidelines and it avoided the severe problems experienced by Crime Prevention. other countries in moving to a new passport Mr. Costello: I am attempting to find out the system. It also allowed Ireland to remain within plans of the Minister for Justice, Equality and the US visa waiver scheme. Law Reform to tackle the annual epidemic of Deputy Allen’s has asserted that \5 million will fireworks in the run-up to Hallowe’en. The be spent on royalties but the actual figure will be Hallowe’en season is upon us and the annual sale, in the region of \360,000 or 52 cents per passport. distribution and indiscriminate use of illegal fire- The sum of 52 cents per passport is paid for the works, which often end up in the hands of young use of patented software technology used in pro- people, is in full swing. ducing the passports. This is a far cry from the \5 Each year the Minister for Justice, Equality million claimed by Deputy Allen, which is and Law Reform promises to introduce legis- nothing short of a political lie. As the Deputy lation to curb this illegal activity, but so far he knows —— has produced nothing. Unbelievably, it is now reported in the media that he is seeking dero- Mr. Allen: I resent that remark. gation from a forthcoming European Union directive which aims to establish a common policy An Leas-Cheann Comhairle: Deputy Treacy to regulate and control the sale, distribution and should know that the word “lie” is not used in use of fireworks throughout the member states. parliamentary debates. It appears everyone is out of step except the Minister. Elderly people are terrified in their Mr. Treacy: With respect to the House, to the homes and on the street, with bangers going off Leas-Cheann Comhairle and to Deputy Allen I night and day. Young people, ignorant of the rephrase my sentence. This is far cry from the \5 potential dangers of handling fireworks which are million claimed by Deputy Allen, which is literally miniature explosives are liable to serious nothing short of fabrication. The Deputy knows injury at any time. Two weeks ago, at the that the \4.76 million referred to in the National Ploughing Championships, \365,000 Comptroller and Auditor General’s report for worth of fireworks were seized by the Garda. At recurring costs in the main applies to the pur- the Ballinasloe horse fair last week the Garda chase of state of the art passport booklets which reported numerous fireworks seizures and horses feature specialised data pages capable of holding were stampeded by sudden explosions of digital photographs and other information vital fireworks. for passport security and fraud prevention. That While fireworks are currently banned by law in is the cost of safeguarding our passports’ credi- the Republic they are available everywhere. They bility and providing the potential to build in are not banned in Northern Ireland and the additional security and anti-fraud features and United Kingdom, while they are subject to any reasonable person would accept that. restrictions on their usage. Surely the first step This debate underlines the Fine Gael tactic of for the Minister for Justice, Equality and Law shifting base lines to vastly exaggerate over- Reform is to contact his counterparts in Northern spending, to the detriment of the State, its Ireland to put together and discuss a common systems and officers for naked political opportun- policy to control and regulate fireworks on an all- ism. It is part of a political tactic to project that island basis. Instead of seeking a unilateral dero- party’s own record of fiscal incompetence on to gation for this country, having got a common 465 Crime 11 October 2005. Prevention 466 approach in Ireland, he should be able to argue a current policy to only issue licences for the common European Union policy that would importation of fireworks used in organised dis- allow for common control and common regu- plays, conducted by professional or competent lation among all the 25 member states. operators. In effect, this policy means that the He should then make regulations so that local only fireworks imported into the State and legally authorities would be obliged to take responsi- held here are those used in professional displays. bility for good order in the communities for which All other fireworks imported, held, sold or used they have responsibility in the run-up to here are illegal and any person in possession of Halloween. They should play a proactive role in fireworks without a valid importation licence is the organisation of safe firework events and alter- liable to prosecution. native Halloween activities for young people. For The Minister has received a wide range of sub- example, household junk collections should not missions in response to the “Fireworks Policy take place in October or September as is the case Consultation Document”. It is clear from these in Dublin at present. This allows all sorts of submissions that among the options for change inflammable materials to be collected. They are outlined in the consultation document there is a readily available to all young people who wish to general acknowledgement of the need to get them ahead of the corporation trucks. strengthen the enforcement provisions in the What is needed is a Minister for Justice, 1875 Act. Accordingly, the Minister proposes to Equality and Law Reform who is prepared to take the opportunity presented by the Criminal show leadership on this issue and ensure we have Justice Bill 2004 which is currently before the safety and security throughout the country at House to bring forward on Committee Stage of Halloween each year. We do not need a Minister that Bill, amendments which will provide for new who promises each year that he will do the devil offences governing the misuse of fireworks in and all with the end result that there is nothing public places and an offence of possession of to show for it and there is the same fear and illegally imported fireworks with intent to supply. threat to elderly people, particularly in housing He also proposes to significantly increase penal- estates and complexes throughout the country ties governing the illegal importation, sale and and the same danger to young people who have use of fireworks. no proper knowledge on how to handle these In so far as the seizure of fireworks by the explosive materials. Garda authorities is concerned every effort is made by the Garda to identify persons involved Minister of State at the Department of Edu- in the illegal importation and sale of all types of cation and Science (Miss de Valera): The Mini- fireworks. Where necessary, specific policing ster for Justice, Equality and Law Reform regrets plans are put in place in areas where particular that he cannot attend the Adjournment debate problems arise. These plans include intelligence- here this evening. gathering on known dealers and suppliers and, The Minister is fully aware of the difficulties once identified, putting plans in place to arrest the illegal use of fireworks present each year them and seize their stocks of illegal fireworks. around this time, the dangers they pose and the Each year, leading up to Halloween, special distress they cause to people, particularly the eld- efforts are made to combat the illegal importation erly. Conscious of this, last February, the Minister of fireworks. This year, an intelligence-led oper- published a “Fireworks Policy Consultation ation called ‘Operation Tombola’—— Document” and initiated a process of consul- tation with a view to bringing forward proposals Mr. Costello: That is a very exotic title. I won- for amending and strengthening the provisions in der where the Minister got it. the Explosives Act 1875 which govern fireworks. The 1875 Act provides for control of the Miss de Valera: ——which aims to prevent and importation, manufacture, storage and sale of detect the organised importation of fireworks for fireworks. While current Irish law on fireworks sale, has been put in place by the Garda Com- does not specifically ban the importation, manu- missioner. In this context, chief superintendents facture, sale or use of fireworks, it is Government throughout the country have been instructed to policy in the interests of safety and security to introduce measures appropriate to their respec- restrict to the greatest extent possible, the avail- tive areas of responsibility with particular empha- ability of any category of firework to the general sis on Garda divisions in the Dublin Metropolitan public. Effect is given to this policy through the region and in Border regions. The operation, use of the licensing powers conferred on the while being intelligence-driven, is coupled with Minister for Justice, Equality and Law Reform by sporadic high visibility policing activities. the 1875 Act. The Act provides that fireworks Over the past five years, such operations have may only be imported into Ireland on foot of an resulted in significant seizures of illegally importation licence granted by the Minister. It is imported fireworks with an estimated value of \2 467 Adult 11 October 2005. Education 468

[Miss de Valera.] people and it is a disgrace that this can be allowed million. Already this year, as Deputies will be to happen. They are the most vulnerable in our aware from recent media reports, “Operation society. They have reading difficulties but they Tombola” has resulted in the seizure of very large have taken the brave step to participate in adult consignments of illegally imported fireworks. All education. fireworks seized are forfeited by the person It is sad that the people who are least able to importing them and destroyed in accordance with help themselves and who have gone to a great the provisions of the Explosives Act 1875. deal of trouble to enrol themselves in adult edu- I now turn to the question of the draft EU cation courses with great success should be directive on fireworks, which is currently being thwarted in this way. It is unacceptable and discussed by the EU Commission. The objective unforgivable. These vulnerable people should not of this directive is to establish rules designed to be the subject of a cutback and they deserve achieve the free movement of pyrotechnic better. articles-fireworks throughout EU member states The Mayo adult education service run by Pat while ensuring a high degree of protection for the Staunton and his team do good work with people. consumer. The main thrust of the draft directive Margaret Kelly, Marian Cusack in Ballina, Lisal is to achieve the free movement of fireworks Mercroft in Achill and the 50 tutors are engaged throughout the EU. While the directive makes in pioneering work and they are victims of their certain provisions relating to safety, Ireland is not own success. They were told they would require satisfied that the measures being proposed are a minimum of 232 pupils this year but they have sufficient. attracted more than 1,000 students, a mark of their success. Their target was 45,000 hours con- Adult Education. tact but they have achieved 85,000 hours. They were encouraged to do this by the Department Dr. Cowley: I am grateful for the opportunity but their magnificent work is in jeopardy. to raise this important matter. The 50 tutors deserve better than this given The adult education services in Mayo do mag- their wonderful track record, enterprise and pion- nificent work in helping adults with learning dis- eering spirit. They have helped many people with abilities to acquire new skills, including reading reading and writing difficulties, for whom such and writing. A bombshell, however, has been difficulties were a life sentence as they were dropped. This wonderful adult education service unable to get on as well as they should. This provided by Mayo VEC is in jeopardy. A letter service is superb. dated 5 October was received by tutors which Child care and health care support courses stated that due to a lack of funding to meet were also provided through the service. Students increased costs, it will be necessary to cancel all were due to gain a FETAC award next May. This further literacy tuition in County Mayo between is a nationally recognised award, which would be October and December 2005. The letter states: the pinnacle of their success. However, if the cess- Due to a lack of budget to meet increased ation of the teaching programme goes ahead, as costs, I have been informed by the chief execu- planned, it will have catastrophic consequences tive officer that it will be necessary to cancel all for the students. If they cannot pursue their further literacy tuition for the period October- courses through November and December, they December 2005. I shall be grateful, therefore, will not be ready for their award, as they will not if you would inform all tutors and students that have enough modules completed by May, which classes will cease as and from Friday, 14 would be a calamity. October. We regret this action is necessary and This cutback has serious implications for these contact has been made with the Department of students. I ask the Minister to provide \100,000, Education in an attempt to get an increased funding which should have been anticipated and allocation. benchmarked. It should have been factored into Pat Staunton the budget. I blame the Minister totally for this and I call on her to act immediately. Adult Education Officer It is a total and utter disgrace that people who Ms Cooper-Flynn: I welcome the opportunity have gone to the trouble to learn how to read and to contribute to the debate. Between 40 and 50 write should be treated this way. As a result, 700 tutors employed by Mayo VEC were informed literacy students must finish their tuition by the last week that the back to education and literacy end of the week. It is terrible news for them and courses they were running would be suspended at they have received it at short notice. More than the end of the month and the end of the week, 1,000 back to education initiative students must respectively, due to an increase in administration also conclude their studies by the end of the costs, which meant that money ran out. This month. It is a total and utter calamity for those affects 50 tutors, 700 literacy students and 1,600 469 Adult 11 October 2005. Education 470 back to education initiative students who are been hit. It is incumbent on me, therefore, as a doing a FETAC level 2 course in child care and public representative for County Mayo to speak health care support. This is disappointing news, on behalf of these silent voices on this issue. Both with serious consequences for everybody students and tutors are affected. I call on the involved, particularly they were given short Minister to make available as a matter of urgency notice towards the end of the year. the funding required to enable the County Mayo Eight weeks of the courses, which would have VEC to complete the adult literacy and BTEI taken students up to Christmas, have been sus- programmes without interruption and to reassure pended and it is planned that they will recom- the participants that all such courses will be com- mence at the start of next year. However, the loss pleted on schedule. of eight weeks will have serious implications for the timing and scheduling of the course and the Miss de Valera: I propose to address the issues awarding of qualifications. raised by Deputies Cowley and Flynn together. I hope the Minister of State can shed light on The Department of Education and Science was this issue. The funding for these courses amounts contacted by the chief executive officer of County to \500,000 in 2005. Mayo was the first county to Mayo Vocational Education Committee, Mr. initiate the national adult literacy programme and Joseph Langan, last week on the matter. My the service is well regarding by the Department officials requested that further details be submit- and throughout the country. Many other counties ted in writing. I am informed that no further com- have followed the example of the excellent liter- munication has been received so far and we await acy programme content provided by Mayo VEC. a response. Excellent results have been achieved, hence the The adult literacy services are delivered locally popularity of the programme within the country, by vocational educational committees under the which has addressed what was a hidden condition budget for the adult literacy community edu- until recent years. cation scheme and the special initiat- It is a brave step for a person who leaves school 9 o’clock ives for disadvantaged adults without the necessary reading and writing skills scheme. The national position to take up the challenge of a literacy course. They regarding the allocations is as follows. All VECs are an essentially vulnerable group. Why are they were notified by letter from my Department on being targeted? Is it because it is highly unlikely 30 March 2005 of their provision for 2005 in terms a person on a literacy course will step forward as of their further education programmes. These a spokesperson to state this situation is com- include the adult literacy and community edu- pletely unacceptable and money should be put in cation programme, the back to education initiat- place? These people are trying to achieve com- ive, the vocational training opportunities scheme, petence in the area of literacy and they are partic- post-leaving certificate courses, senior traveller ularly vulnerable. It is a cynical exercise to target training centres and Youthreach. this course. The provision to County Mayo VEC for the adult literacy programme in 2005 is \422,187, as I refer to the back to education initiative, which \ concentrates mainly on unemployed people. against an allocation of 406,176 for 2004. This represents an increase of 10.39%, one of the high- However, many of them have paid for the course est percentage increases to any of the VECs. The in full out of their own pockets in the expectation corresponding increase in the overall subhead of gaining a qualification next May. The certifi- was 9%. This increase was in recognition of the cates under the FETAC level 2 programme are demographic factors and the dispersed nature of due to be presented in May 2006 and the schedul- the population in that county. VECs are expected ing of the course facilitates job applications for to plan for their annual adult literacy prog- child care and health care support vacancies. rammes within the budget provided. With regard Given the sudden suspension of the final eight to its literacy budget, Mayo VEC received one weeks of the course this year, what implication instalment in April and a second instalment is due will that have for the scheduling of the course? for issue this month. The number of literacy Will the eight weeks be added on at the end? clients for 2004 was 660. How will this affect the new courses, which are In March 2005, County Mayo Vocational Edu- due to commence in 2006? cation Committee was notified by the Depart- Why was there no forward planning? Every- ment of a budget allocation amounting to body must have recognised administrative costs \529,000 in respect of back to education initiative would increase towards the end of the year. Why programmes for the financial period January to was that not anticipated? If it was anticipated, December 2005. Within the BTEI programme, were additional resources requested from the approval was given for 16 child care courses. Department? What was its response? Approximately 232 places and 45,405 tutor hours The people affected comprise vulnerable are being supported. An initial payment of 60% groups in our society. It is a shame that they have of the budget allocation, \292,002, was paid to 471 The 11 October 2005. Adjournment 472

[Miss de Valera.] the event that the normal financial reconciliation County Mayo VEC in early May 2005. The is agreed between the Department and the VEC, balance of \236,998 allocated for this year is due the balance of BTEI programme funding will be to be paid following the receipt and reconciliation issued to the VEC shortly. Requests for increased of approved financial statements from the VEC funding will not be considered at this time in respect of 2004. because the 2005 budget for the BTEI has been The CEO of County Mayo VEC has recently allocated to VECs, schools and community strand requested a meeting with the further education providers already. development unit to discuss the financial recon- ciliation data. The VEC has also requested an The Da´il adjourned at 9.05 p.m. until 10.30 a.m. extra \50,000 in respect of additional activity. In on Wednesday, 12 October 2005. 473 Questions— 11 October 2005. Written Answers 474

Written Answers. Applications for funding through this initiative, during 2006, are currently being received in my ———— Department. The closing date for receipt of these applications is next Friday, 14 October. The following are questions tabled by Members for written response and the ministerial replies Institutes of Technology. received from the Departments. [unrevised]. 18. Mr. Perry asked the Minister for Education Questions Nos. 1 to 16, inclusive, answered and Science the cost of the management infor- orally. mation system for the institutes of technology; the total cost of the consultancy involved in this pro- ject; and if she will make a statement on the School Accommodation. matter. [27534/05] 17. Ms Enright asked the Minister for Edu- cation and Science the amount being spent on 95. Mr. English asked the Minister for Edu- prefabricated buildings in the education sector cation and Science if the management infor- since 2000; and if she will make a statement on mation system for institutes of technology has the matter. [27575/05] been completed; the cost of the system; and if she will make a statement on the matter. [27535/05] Minister for Education and Science (Ms Hanafin): In the five years since 2000 my Depart- Minister for Education and Science (Ms ment has spent \39.2 million on the rental of tem- Hanafin): I propose to take Questions Nos. 18 and 95 together. porary school accommodation, mainly in primary schools. In addition, my Department spent \73.5 Installation of the management information system for the 14 institutes of technology and the million over the same period, on the purchase of Tipperary Rural and Business Development prefabricated buildings in the primary and post- Institute has been completed. primary sectors. The MIS system comprises four integrated This expenditure was for the supply and instal- elements — a student registration system, a finan- lation of prefabricated buildings including associ- cial system, a payroll-human resource system and ated site works and other costs, such as for com- a library system. The system tracks all student pliance with planning permission conditions, records including registration, courses, link mod- professional fees, connections for water, elec- ules and examination performance. The financial tricity and sewage, represents less than 5% of the system provides for individual budget responsi- \ total expenditure on school buildings — 1.6 bility within the institutes and it produces annual billion — over the five year period from 2000 to accounts. The payroll-human resource system the end of 2004. links with the student system to facilitate time- The demand for additional accommodation in tabling. The library system tracks all movements schools has risen significantly in recent years of materials and also facilitates on-line access to mainly due to the rapid expansion in teacher journals and articles by students and staff. numbers particularly in the area of special needs, The project involved some 59 installations of the growth in the school-going population in rap- hardware and software across the institutions. By idly developing areas and the demands to cater the end of 2004, 57 of the 59 installations had for diversity rough the recognition of new Gael- been completed and the remaining two were scoileanna and Educate Together schools. completed this year. The cost of the project was The current focus within my Department is to \44.8 million. empower schools to resolve their accommodation I understand the MIS has proved to be a criti- needs, wherever possible by way of permanent cal and decisive element in the modernisation and accommodation. To reduce the amount of tem- transformation of the management and operation porary accommodation at primary level an initiat- of the institutes of technology. It has produced ive was launched in 2003. The purpose of this major benefits for students. initiative is to allow primary schools to undertake The project was implemented by a consortium a permanent solution to their classroom accom- of the institutes with the lead role on the day to modation needs and to achieve the best value for day management undertaken by the Dublin money. The feedback from the 20 schools in that Institute of Technology. The detailed information pilot initiative was very positive and the initiative on the consultancy elements of the cost is being was expanded to 44 primary schools in 2004 and compiled and I will forward the information to more than 70 schools were invited to participate the Deputies. in this initiative in 2005. As a result of this initiative the amount spent Higher Education Grants. on the purchase of prefabricated buildings in 2004 19. Mr. O’Dowd asked the Minister for Edu- was just half of what had been spent in 2003. 475 Questions— 11 October 2005. Written Answers 476

[Mr. O’Dowd.] provide for an independent appeals system. The cation and Science if she intends to centralise the timescale for the publication of this Bill is contin- administration of the third level college grant gent on the range of issues which are the subject scheme; and if she will make a statement on the of the deliberations following the consultations to matter. [22310/05] which I referred.

107. Mr. Stanton asked the Minister for Edu- Question No. 20 answered with Question cation and Science her plans to reform the system No. 8. of administration of grants and supports for all third level courses; and if she will make a state- Educational Services for People with ment on the matter. [27685/05] Disabilities. Minister for Education and Science (Ms 21. Mr. Noonan asked the Minister for Edu- Hanafin): I propose to take Questions Nos. 19 cation and Science the services available for and 107 together. students with disabilities in the institutes of tech- Third level student support is currently pro- nology; and if she will make a statement on the vided through three means-tested maintenance matter. [27576/05] grant schemes. The higher education grants scheme operates on a statutory basis, while the Minister for Education and Science (Ms vocational education committees’ scholarship Hanafin): At present, there is a range of support scheme and the third level maintenance grants services for students with a disability in the scheme for trainees operate on an administrative institute of technology sector. These include basis. The statutory framework for maintenance learning support, including needs assessment and grants under the higher education grants scheme support for students with learning difficulties; is set out in the Local Authorities (Higher Edu- assistive technology services and the provision of cation Grants) Acts 1968 to 1992. additional support staff such as sign-language In accordance with the commitment in An interpreters or note takers. Students who have Agreed Programme for Government I plan to difficulty with public transport also receive introduce a single unified scheme of maintenance special assistance. The supports and services are grants for students in higher education. This will resourced through the annual allocation of fund- provide for a more coherent administration ing for the institutes, and by a further \2.4 million system which will facilitate consistency of appli- allocated through the fund for students with dis- cation and improved client accessibility. This is abilities which assists students with a disability necessary if we are to ensure public confidence in with their studies across all institutes of the awards system and ensure the timely delivery technology. of grants to those who need them most. My Department has been engaged in ongoing Technology in Education. consultations with the key stakeholders such as the Irish Vocational Educational Association, the 22. Mr. O’Shea asked the Minister for Edu- County and City Managers’ Association, various cation and Science her proposals to assist third social partners and other relevant Departments, level institutions in making Ireland a centre of including the Department of Social and Family excellence in e-learning; and if she will make a Affairs and the Revenue Commissioners, in order statement on the matter. [27310/05] to map the most logical and effective arrange- ments for the future structure and administration Minister for Education and Science (Ms of the student support schemes. Hanafin): I am very committed to supporting the These discussions have substantially clarified use of ICT in higher education, as a means to the positions of the stakeholders in relation to the enhance teaching and learning, to widen and future administration possibilities for student sup- increase participation in higher education, and to port and their possible role. allow the institutions to develop excellence and I expect to be in a position shortly to determine international reputation in this area. the best strategy to give effect to the programme The Deputy will be aware that ICT is becoming for Government commitment to the payment of an increasingly important part of the process of the maintenance grants through a unified and teaching, learning and research at third level. flexible payment scheme. Internationally, there have been significant Whatever new arrangements are eventually advances in the use of ICT as a means to enhance decided upon will be provided for, as I previously academic programmes. indicated, in new statutory arrangements through Since 2000, the HEA in its funding allocations a Student Support Bill. This Bill, which will to the universities and other HEA funded insti- provide statutory underpinning for the schemes, tutions has used a small portion of the block grant will have as a key objective the promotion of to fund a strategic initiative scheme for the HEA equality of access. I also envisage that the Bill will designated third level institutions. This scheme 477 Questions— 11 October 2005. Written Answers 478 allows institutions to make competitive bids for cation and Science if she will consider adding projects contributing to areas of strategic or further institutions to the list included under the national interest. In this context, the HEA has remit of the Residential Institutions Redress provided up to \1 million per annum for the Board; and if she will make a statement on the development of technology in education over the matter. [27674/05] past four years. The basic purpose is to use tech- nology to enhance teaching and learning within Minister for Education and Science (Ms the institutions, and a variety of pilot schemes Hanafin): The Residential Institutions Redress have been supported in that time. The HEA is Act 2002 provides a statutory scheme of financial particularly anxious to use this scheme to foster redress for persons who, as children, were abused collaborative proposals between institutions. This while in residential institutional care for which is particularly important in the case of technology the State had a regulatory or supervisory in education, where investment typically needs to responsibility. be large to achieve results. The scheme applies in respect of institutions The programme has supported the develop- specified in the Schedule to the Act. Section 4 of ment of integrated pedagogy and technology sup- the Act provides that the Minister for Education port centres such as the Centre for Learning and Science may, by order, provide for the inser- Technology, TCD, the Centre for Excellence in tion in the Schedule of additional institutions in Teaching and Learning, NUIM, and the Learning which children were placed and resident and in Technology Unit, UCC. More recently the HEA respect of which a public body had a regulatory approved a collaborative proposal from all seven or inspection function. universities for the implementation of a national Since the enactment of the legislation, my digital learning repository. The basic purpose of Department has been contacted by individuals the project is to investigate and develop a frame- and-or solicitors in relation to various institutions work to enable development and sharing of digi- not specified in the Schedule. Following consider- tal learning resources between Irish universities. ation of the matter and consultation with relevant In 2005, with support from the Department of public bodies, I signed an order on 9 November Education and Science the initiative has been 2004 which provided for the inclusion of 13 joined by DIT and the institutes of technology, additional institutions in the Schedule. A further making it fully sectoral in scope. order was made on 1 July 2005 to include another In September of this year, the CEO of the three institutions. HEA signed a memorandum of co-operation with The question of including additional insti- the director of the Joint Information Systems tutions has now been fully considered by my Committee of the UK which has responsibility for Department in consultation with relevant Depart- e-learning developments in the UK, which is ments and it is not proposed to add any further designed to foster and enhance co-operation in institutions to the Schedule at this juncture. this area going forward. The HEA’s e-learning strategy is based on School Vending Machines. meeting the greater diversity of student needs, increasing flexibility of provision, and enhancing 24. Ms Burton asked the Minister for Edu- the capacity for integrating study with work and cation and Science if the contracts for the pro- leisure through work-based and home-based vision of new schools through public private part- learning. nership will ensure that school managements The HEA is aware of the sizeable e-learning have control over the selling of food and drink industry in Ireland and the opportunities this products on the school campus; and if she will presents. It is keen to develop co-operation with make a statement on the matter. [27650/05] IDA Ireland and the industry to make Ireland a centre for excellence in e-learning. 64. Mr. Deasy asked the Minister for Education The Deputy will also be aware that in April of and Science if the provision of vending machines this year I announced my commitment to a stra- will be part of the latest round of public private tegic innovation fund, which will be used to sup- partnership contracts for school buildings; and if port and enable change in the higher education she will make a statement on the matter. sector. I have asked the HEA to develop pro- [27587/05] posals in relation to the structuring of a call for proposals. However, I have already signalled that Minister for Education and Science (Ms proposals which incorporate developments in e- Hanafin): I propose to take Questions Nos. 24 learning, as a means to support teaching and and 64 together. learning, and access, will be welcome. Vending machines may be placed in schools at the discretion of the board of management and are currently in most post-primary schools. Residential Institutions Redress Scheme. In the case of the existing five PPP schools 23. Mr. Sherlock asked the Minister for Edu- while the operator is responsible for vending 479 Questions— 11 October 2005. Written Answers 480

[Ms Hanafin.] Education Welfare Service. machines, the location, content and availability of 26. Mr. Rabbitte asked the Minister for Edu- vending machines were agreed through discussion cation and Science her plans to allocate between the operator and the school authorities additional resources to the education welfare concerned. board to increase the number of education wel- It is my intention that under my Department’s fare officers throughout the country; and if she new PPP programme any contract will provide will make a statement on the matter. [27668/05] that the school authorities will have the final say on the location, content and availability of vend- ing machines. Minister for Education and Science (Ms Hanafin): The Education (Welfare) Act 2000 established the National Educational Welfare Third Level Funding. Board as the single national body with responsi- 25. Dr. Upton asked the Minister for Education bility for school attendance. The Act provides a and Science her response to concerns expressed comprehensive framework promoting regular by third level institutions that they cannot com- school attendance and tackling the problems of pete on an international level due to shortages of absenteeism and early school leaving. The funding; and if she will make a statement on the general functions of the board are to ensure that matter. [27677/05] each child attends a recognised school or other- wise receives a certain minimum education. Minister for Education and Science (Ms To discharge its responsibilities the board is Hanafin): In 2005 I have provided recurrent fund- developing a nationwide service that is accessible ing of \671 million to the university sector and to schools, parents-guardians and others con- \475 million to the institute of technology sector. cerned with the welfare of young people. For this This represents an increase of approximately \41 purpose, educational welfare officers, EWOs, are million or almost 6.5% on the 2004 provision to being appointed and deployed throughout the the university sector and more than \30 million country to provide a welfare-focused service to or 7.5% in 2004 comparable funding for the support regular school attendance and discharge institute of technology sector. The additional the board’s functions locally. funding being provided in 2005 marks a return to The service is developing on a continuing basis. the significant upward trend in recurrent funding The total authorised staffing complement of the for the sector. board is 94 comprising 16 headquarters and sup- The overall funding, capital and current, for the port staff, five regional managers, 11 senior edu- third level sector, which I secured in 2005, cational welfare officers and 62 educational wel- amounts to some \1.6 billion. In 1997 when this fare officers. Towns which have an educational Government took office the amount of funding welfare officer allocated to them include Dun- provided to the third level sector was approxi- dalk, Drogheda, Navan, Athlone, Carlow, mately \850 million. The funding being provided Kilkenny, Wexford, Bray, Clonmel, Tralee, in 2005 represents an increase of approximately Ennis, Sligo, Naas, Castlebar, Longford, Tuam, \750 million or 88% on the 1997 provision. Tullamore, Letterkenny and Portlaoise. In The OECD review of Irish higher education addition, the board will follow up on urgent cases highlighted the key role of the sector for our nationally where children are not currently future social and economic development. This receiving an education. Since September 2005 echoes the report of the Government Enterprise every county in Ireland is served by an edu- Strategy Group, which states that Ireland’s econ- cational welfare service. omic development, and the social dividends that In addition to the NEWB staff there are some flow from that, will depend to a large degree on 490 staff in education disadvantage programmes knowledge and innovation. Supporting our higher whose work involves a school attendance education institutions in playing that central role element. My Department is anxious to ensure is a major policy priority for the Government. that the maximum benefit is derived from these The Deputy will also note that in 2005 there substantial personnel resources. Consequently has been an increase of approximately 36% on work is ongoing to develop appropriate protocols the 2004 provision in recurrent research funding. for integrated working between the different This is evidence of my personal, and indeed the services involved. Government’s, commitment to research prog- I will be keeping the issue of the NEWB’s staff- rammes, which play a vital role in developing ing under review in the light of the rollout of world-class capabilities in research and inno- services, the scope for integrated working and any vation and give the higher education institutions proposals that the board puts to me in relation to the necessary resources to meet the challenges of clearly identified priority needs. the knowledge society in Ireland. 481 Questions— 11 October 2005. Written Answers 482

Vocational Education Committees. WSE reports can, therefore, provide valuable 27. Mr. McGinley asked the Minister for Edu- information on the educational and social oppor- cation and Science if she has received an appli- tunities provided by a school. The comments that cation from Donegal VEC for funding towards they contain are also fully sensitive to the context the development of phase 3 of Gartan Outdoor in which the school operates in a way that is not Education Centre; and if a grant will be allocated possible with league tables. to enable this phase to be completed. [27311/05] Given the breadth of the contents of WSE reports, the publication of these and other school Minister for Education and Science (Ms inspection reports could go a significant way to Hanafin): An application and related correspon- addressing the real needs of parents, students, dence has been received from County Donegal teachers and others for better information on Vocational Education Committee requesting schools. The type of information provided in funding towards the development of phase 3 of WSE reports will help parents who need accurate Gartan Outdoor Education Centre. and balanced information. WSE reports also con- The position in relation to the capital project tain valuable information that will be of interest which is currently under way at Gartan has been to schools who may wish to learn from the experi- outlined by the vocational education committee ence of others. and this is being considered by officials in the I am determined to progress this matter in a planning and building unit of my Department. sensible and responsible way and to ensure that All applications for capital funding are prior- the views of all the education partners are con- itised on the basis of the prioritisation criteria which was revised in 2004 in consultation with the sidered before the publication process is finalised. education partners and this proposal is part of During the summer, I put in place a mechanism this process with a view to inclusion as part of the whereby this can take place. The inspectorate of School Building and Modernisation Programme my Department has held no less than 20 meetings 2005-2009. with interested parties over the past month, and is currently preparing draft guidelines for the Information on Schools. publication of inspection reports which will be circulated shortly to the education partners. 28. Mr. McEntee asked the Minister for Edu- Responses to the draft guidelines will then be cation and Science if her Department will be sought and a final draft of the proposals will be bringing forward proposals for the release of submitted to me in December. information on the operation of schools; and if I intend that the publication of school inspec- she will make a statement on the matter. tion reports will commence from January 2006 for [27560/05] all inspections carried out from the start of the Minister for Education and Science (Ms calendar year 2006. Hanafin): As the Deputy will be aware, I am While I do not want to pre-empt the outcome determined to provide more information, for of the consultation process, I would like to say parents in particular, about our schools, in a way the discussions held to date have been very fruit- that ensures a fair and comprehensive picture of ful and constructive. I know that each of the part- all the different activities in a school. ners realises the need to address the information As I have said on many occasions, I am deficit that exists at present in terms of ensuring strongly opposed to the publication of crude full public access to balanced information on league tables based solely on examination or test schools. This is especially important to those, who results. Such tables provide an unbalanced and like myself, are opposed to the publication of grossly limited indication of a school’s per- league tables and want to find a better way. formance. I was very disappointed to hear the Deputy say In contrast to school league tables, I believe over the summer that she is in favour of the publi- that school inspection reports from whole school cation of exam results by schools. While I evaluations, WSE, and other inspections, when appreciate that she also said she is not in favour read in their entirety, can provide balanced and of league tables, I believe it is naive to think that well-informed information on schools. The whole the publication of each school’s examination school evaluation process involves an examin- results would not lead to exactly that. ation of all the varied activities of a school — I am confident the considered and responsible from the quality of teaching and learning to the approach that we are taking to the publication of availability of extra-curricular activities and the implementation of policies in areas such as bully- inspection reports will lead to much greater avail- ing, and health and safety. The inspection process ability of information on schools without inadver- also includes consultation with the school’s board, tently pitting schools serving entirely different parents and staff members, and, at second level, communities against each other in crude compari- with the school’s students. sons of academic performance alone. 483 Questions— 11 October 2005. Written Answers 484

Education Welfare Service. 11%. The corresponding OECD average was 19.1%. The results of the first cycle of PISA 29. Mr. G. Mitchell asked the Minister for Edu- which took place in 2000 displayed similar differ- cation and Science if she will amend the Edu- ences in favour of Ireland. These outcomes cation Welfare Act 2000 in order that children provide strong evidence that, with regard to read- under the age of six, if in full-time education, will ing, there are proportionately fewer low achiev- be included under the terms of the legislation; ing students in Ireland compared to the OECD. and if she will make a statement on the matter. [27549/05] Closer examination of the category of low achievement referred to above reveals that 2.7% Minister for Education and Science (Ms of Irish students performed below level 1 com- Hanafin): The Education (Welfare) Act 2000 pared with the OECD average of 6.7%. This indi- established the National Educational Welfare cates that the proportion of students with serious Board as the single national body with responsi- reading difficulties in Ireland is less than half that bility for school attendance. of the OECD average. The results of PISA 2000 The Act provides a comprehensive framework provide similar evidence with regard to the preva- promoting regular school attendance and tackling lence of reading difficulties of this nature among the problems of absenteeism and early school Irish 15-year-olds. leaving. The general functions of the board are to Notwithstanding what I have outlined, young ensure that each child attends a recognised school people with poor levels of literacy are a source or otherwise receives a certain minimum of concern for my Department. To address their education. needs, learning support teacher services are avail- Under the Act, parents are required to ensure able to all second level schools. Currently, there that children aged between six and 16 attend are 531 whole-time teacher equivalent posts for school regularly. This legal obligation does not learning support. In addition, a total of 1,599 extend to children under six years of age. whole-time teacher posts are provided at second However, schools are required to record and level to cater for students with special educational monitor absences for all students regardless of needs. All of these teachers prioritise the age. In addition, schools must report concerns development of literacy skills. There are also a about the educational welfare of individual number of initiatives at post-primary level that students, including those aged under six, to the have students with literacy difficulties as their tar- educational welfare officer who will then work get group. The junior certificate school prog- with the family, the school and other services ramme focuses specifically on developing literacy where appropriate to improve attendance. skills and schools participating in the school com- My Department has no proposals to amend the pletion programme are given considerable finan- legislation in relation to children under six years cial resources to provide targeted students with of age. opportunities to improve their literacy skills in accordance with their identified needs. DEIS, delivering equality of opportunity in Literacy Levels. schools, the new action plan for educational 30. Mr. English asked the Minister for Edu- inclusion that I launched last May, includes the cation and Science the percentage of young expansion of a number of measures designed to people leaving secondary school with literacy improve literacy levels among pupils in difficulties; and if she will make a statement on disadvantaged communities. These measures the matter. [27581/05] include increased funding for the school book grant scheme which is paid to schools based on Minister for Education and Science (Ms the number of needy pupils enrolled. Also Hanafin): There is no facility within the edu- included is the extension of the demonstration cation system to measure the percentage of young library project under the junior certificate school people leaving post-primary schools with literacy programme, JCSP, on a phased basis to difficulties. However, the results of PISA, the additional second level schools. This will support programme of international student assessment, the implementation of whole school literacy stra- provide detailed information on the standards of tegies in the schools concerned. reading literacy among Irish 15-year-olds. The reduction of the numbers of students with In the second cycle of PISA, which was carried literacy difficulties continues to be a key priority out in 2003, Ireland ranked sixth in reading out for my Department of the 29 OECD countries for which results were analysed. Just three countries, Finland, Korea Pupil-Teacher Ratio. and Canada, had significantly higher scores than Ireland. 31. Ms B. Moynihan-Cronin asked the Minister The percentage of Irish students in the 2003 for Education and Science her timescale for survey whose performance in reading was at or reducing class size at both primary and post- below level 1, the lowest level of proficiency, was primary level to EU norms; when she will 485 Questions— 11 October 2005. Written Answers 486 implement the undertaking in An Agreed Prog- Minister for Education and Science (Ms ramme for Government that the average size of Hanafin): The Department has been active for classes for children under nine years will be several years in promoting anti-racism and inter- brought below the international best practice gui- culturalism in schools. A range of actions are in deline of 20:1; and if she will make a statement place to promote anti-racism and support the par- on the matter. [27659/05] ticipation of minority groups and Travellers in education. These include: information for schools Minister for Education and Science (Ms on the integration of asylum seekers and Travel- Hanafin): Significant improvements have been lers; additional resources for schools to support made in the pupil-teacher ratio and in average the needs of students for whom English is not the class size in recent years at primary level. The mother tongue; resource packs for schools pre- most recent figure available for average class size pared by organisations such as the National Con- at primary level refers to the 2003-04 school year, sultative Committee on Anti-Racism and Inter- when the average class size was 23.9, down from culturalism; a video for second level schools 26.6 in 1996-97. The pupil-teacher ratio at highlighting excerpts from the “Mono” TV prog- primary level, which includes all the teachers ramme; materials and training for teachers including resource teachers, has fallen from 22.2:1 through funding the work of Integrate Ireland in the 1996-97 school year to 17.1:1 — projected Language Training and other bodies; and — in 2004-05. development by the NCCA of guidelines for At post-primary level the pupil-teacher ratio primary and post-primary teachers on how the has fallen from 16:1 in the 1996-97 school year to existing curriculum can be mediated and adapted 13.6:1 in the 2003-04 school year. to reflect the emergence of an expanding multi- More than 4,500 additional teachers have been cultural society. The primary guidelines have employed in our primary schools since 1997. In allocating teaching posts regard has been had to been issued to schools, and the post-primary the commitments of the Government to reduce guidelines are expected to be ready by the end of class size, tackle educational disadvantage and to the year. Other actions include: supports pro- provide additional resources for pupils with vided by the Reception and Integration Agency special educational needs. The additional teach- to assist in the integration of refugees and asylum ing posts created since 1997 have been deployed seekers into schools; and expanding provision for to address all of these priorities. language and literacy tuition for adults for whom In relation to providing for children with English is not the mother tongue through the special educational needs, there are now more VEC literacy services. than 5,000 teachers in our primary schools work- A total of 595 additional teachers at primary ing directly with children with special needs, and second level are provided to support the including those requiring learning support. This needs of pupils for whom English is not the compares to under 1,500 in 1998. One out of mother tongue, at an annual cost of circa \26.8 every five primary school teachers is now working million. Almost 20,000 pupils from outside specifically with children with special needs. Ireland participate in schools at primary, second The Deputy will be aware of the new action level and in PLC courses from over 148 countries plan for educational inclusion, DEIS, delivering around the world, almost 6,000 adult learners equality of opportunity in schools, which I avail of tuition in English as a second language launched recently. This action plan will result in through the VEC adult literacy services, and 620 the reduction in class sizes of 24:1 at senior level students take part in Back to Education initiative and 20:1 at junior level in 150 primary schools part-time programmes specifically targeted at serving communities with the highest concen- disadvantaged minority groups. trations of disadvantage. The new curricula at primary and post-primary In line with the commitment in the programme levels provide ample opportunity to extend for Government, class sizes will be reduced still students’ awareness of the wider world and to further. The deployment of additional posts will learn about the lives and histories of people in be decided within the context of the overall policy other countries, and of their contributions to art that priority will be given to pupils with special and science. In particular, the social personal and needs, those from disadvantaged areas and jun- ior classes. health education programmes at primary and post-primary levels are designed to prepare students for participatory citizenship and to Educational Integration. develop the skills of critical appraisal and 32. Mr. J. O’Keeffe asked the Minister for Edu- decision-making based on human rights and cation and Science the steps being taken to inte- social responsibilities. They also promote a grate students of different nationalities into the respect for human dignity, tolerance for the education system; and if she will make a state- values and beliefs of others, and a celebration of ment on the matter. [27545/05] diversity. 487 Questions— 11 October 2005. Written Answers 488

School Transport. Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 35 33. Mr. Ring asked the Minister for Education and 38 together. and Science if there will be a review of the rules governing access to school transport in the case The OECD review of Irish higher education of school amalgamation; and if she will make a makes a series of far-reaching recommendations statement on the matter. [27558/05] for reform and development of the sector against the backdrop of Ireland seeking to become a leading knowledge-based society. The Govern- Minister for Education and Science (Ms ment has approved the broad reform agenda out- Hanafin): Under my Department’s school trans- lined by the OECD and also the bringing forward port scheme the general rule is that where an of legislative proposals to transfer responsibility amalgamation occurs, pupils residing in a closed for management of the institutes of technology to school area may be deemed eligible for transport the Higher Education Authority. to the school of amalgamation only. This Bill is currently being drafted and My immediate priority is the enhancement of effecting this transfer will be a key priority of my safety on school transport services, after which Department in the coming year. The bringing other issues, such as that raised by the Deputy, together of universities and institutes of tech- may be considered for review. nology under a common management structure will facilitate the development of a more strategic Teacher Training Courses. approach to higher education within a unified policy framework and the gradual devolution to 34. Mr. McCormack asked the Minister for the institutes of technology of greater academic Education and Science if she intends to bring the and managerial autonomy. Irish language entry requirements for primary In April of this year, I outlined a detailed teaching courses into line with those for English response to the OECD recommendations. It is and mathematics; and if she will make a state- clear that many challenges lie ahead and that our ment on the matter. [27570/05] higher education institutions require support in equipping themselves to meet the demands of the Minister for Education and Science (Ms knowledge society. With this in mind, I Hanafin): My Department specifies the minimum announced my intention to create a strategic academic requirements for entry to primary innovation fund to incentivise reform and mod- teacher training courses provided in the colleges ernisation in the sector. My Department and the of education. As part of these requirements, all Higher Education Authority are in discussions candidates, including school leavers, mature about the detailed criteria which should apply to students and university graduates, must have a the fund and I anticipate that a first call for pro- minimum of a grade C in higher level in Irish in posals will be issued in 2006. I understand that the leaving certificate or an approved equivalent. proposals by the HEA for a new funding model This requirement embodies both the written and for institutions under its remit are also at an oral element of a student’s proficiency in Irish. advanced stage. My Department considers it to be the mini- Progress has also been made on other issues mum standard in Irish necessary for students raised in the OECD review, in particular the entering a teacher training course which will recommendation that research and development equip them to teach Irish to pupils at all levels in issues should be co-ordinated across Govern- primary schools. ment. The valuable work being done by the I have no plans to change the entry require- Office of the Chief Science Adviser to the ments to primary teacher training courses at Government, along with the Cabinet Committee present. on Science Technology and Innovation, is facilit- ating the development of a united approach to Third Level Institutions. policy development in this area and will ensure that national objectives can be pursued and 35. Mr. Naughten asked the Minister for Edu- achieved within a joined up strategy. cation and Science her views on the OECD I have signalled my intention to develop com- report on third level education institutions here; prehensive new legislation to give effect to those and if she will make a statement on the OECD recommendations that will involve legis- matter. [27314/05] lative change. I have also made it quite clear that any proposals I bring forward will take account 38. Mr. Kenny asked the Minister for Edu- of the views of the many stakeholders in higher cation and Science the number of recommend- education. ations from the recent OECD report on higher education here that she intends to actively priorit- ise over the coming 12 months; and if she will Psychological Service. make a statement on the matter. [27585/05] 36. Mr. G. Murphy asked the Minister for Edu- 489 Questions— 11 October 2005. Written Answers 490 cation and Science the number of psychologists recruited for the north-west, covering Sligo, employed by the National Educational Psycho- Donegal and Leitrim, and the south-east, cover- logical Service; and if she will make a statement ing Waterford, Wexford, Kilkenny and Carlow. on the matter. [27571/05] Any increase in the number of psychologists in the NEPS must take account of Government 89. Mr. Howlin asked the Minister for Edu- policy on public sector numbers. cation and Science the number of psychologists employed by the National Educational Psycho- logical Service; and if she will make a statement Residential Institutions Redress Scheme. on the matter. [27661/05] 37. Ms B. Moynihan-Cronin asked the Minister for Education and Science her Department’s esti- 104. Ms Lynch asked the Minister for Edu- mate of the cost of payments of compensation by cation and Science the result of the recent recruit- the Residential Institutions Redress Board to ment competition conducted by the Public persons who suffered institutional abuse; and if Appointments Service for educational psychol- she will make a statement on the matter. ogists; the way in which that was constrained by [27664/05] the limit on public sector numbers; the further way in which the current geographical imbalance Minister for Education and Science (Ms in the location of educational psychologists was Hanafin): The Residential Institutions Redress factored into the recruitment; and if she will Board is an independent body established under make a statement on the matter. [27662/05] statute in December 2002 to provide financial redress to persons who, as children, were abused Minister for Education and Science (Ms while resident in industrial schools, reformatories Hanafin): I propose to take Questions Nos. 36, 89 or other institutions that were subject to State and 104 together. regulation or inspection. The complement of psychologists in the NEPS Based on the latest information from the has increased almost three-fold from 43 psychol- redress board, it is estimated that the total cost of ogists on establishment to 124 psychologists at the redress scheme, including legal and admini- present. stration costs, may be of the order of \800 mil- All schools that do not currently have NEPS lion. I should emphasise that this is very much a psychologists assigned to them may avail of the tentative estimate and is subject to change in the scheme for commissioning psychological assess- light of the ongoing administration of the scheme. ments, SCPA, whereby the schools can com- The final cost of the scheme will not be known mission assessments from a member of the panel until end 2007 or early 2008 when all applications of private psychologists approved by NEPS, and have been processed by the board. NEPS will pay the fees directly to the psychol- ogists concerned. Details of this scheme, includ- I would also like to point out that the cost of ing the conditions that apply to it, are available the redress scheme should be viewed in the con- on my Department’s website. text of the Government’s concern to provide The NEPS also provides assistance to all reasonable compensation towards the hurt and schools that suffer from critical incidents, regard- suffering experienced by victims of child abuse less of whether they have a NEPS psychologist and the very substantial costs that would have assigned to them. Also, in relation to all post- been incurred in any event if no such scheme had primary schools, the NEPS processes applications been established and if cases had been processed for reasonable accommodations in certificate in the normal manner through the courts. examinations. On behalf of my Department, the Public Question No. 38 answered with Question Appointments Service recently completed a new No. 35. recruitment competition for educational psychol- ogists for the NEPS. Candidates were asked to Garda Vetting. indicate their preferences for regions so that appointments may be made on the basis of iden- 39. Mr. Hayes asked the Minister for Education tified priority of need on a regional basis. In all, and Science when all school teachers will be sub- 41 psychologists have been placed on panels. ject to vetting; and if she will make a statement My Department has recently started the pro- on the matter. [27552/05] cess of appointing eight psychologists from these panels. Four psychologists will be recruited for Minister for Education and Science (Ms the mid-west region, covering counties Limerick, Hanafin): Ensuring the protection, health and Clare and Tipperary, two psychologists will be welfare of children is a key concern for the recruited for the south western area of the Government, parents, agencies that work with eastern region, covering parts of Dublin West, children and society generally and I assure the Kildare and Wicklow and one each will be Deputy that the Government is determined to do 491 Questions— 11 October 2005. Written Answers 492

[Ms Hanafin.] 2003-2007. I recognise the importance of these all that we can to keep our children and vulner- two policy documents in the development of the able adults safe. youth work sector and the programmes and While the Department of Justice, Equality and services. Law Reform has primary responsibility for Garda The allocation for the youth work sector in vetting, I am happy to outline the progress that is 2005 represents an 18% increase in funding over being made in the expansion of the service. 2004 and brings financial provision for the sector My colleague the Minister of State with to \33.889 million in 2005. This is clear evidence responsibility for children, Deputy Brian of the Government’s commitment to the youth Lenihan, has announced a doubling of the work sector in Ireland. number of staff employed in the unit to ensure The following is the up-to-date position in that they can handle a greater volume of requests relation to the priorities identified for 2005. With from employers. The unit will commence the aug- regard to the Youth Work Act 2001, discussions mentation of its existing vetting arrangements are ongoing between my Department and the upon decentralisation targeted for mid-Nov- Department of Finance in relation to the ember this year. additional posts being sought by VECs to fulfil The provision of additional staff resources will their requirements under the Act. The appoint- enable the Garda Sı´ocha´na’s vetting services to ment of an assessor of youth work is an important be extended to all persons working with children development for youth work. Sanction for this and vulnerable adults. This will include teachers, post has been received from the Department of caretakers and others working with children. Finance and my Department is currently in dis- In the education sector, vetting is currently cussion with the Public Appointments Service available in respect of requests for clearance from regarding the recruitment process. Increased my Department in relation to bus escorts and funding has been made available to youth organ- special needs assistants provided to children with isations and youth projects funded under the special educational needs, and to staff working in youth service grant scheme and the special pro- children’s detention schools. jects for youth scheme. These organisations and It is worth pointing out that, irrespective of projects have been granted an 8% increase in whatever additional arrangements may be intro- their financial allocations. Ten new special pro- duced in this area in the future, criminal record jects for youth have also been sanctioned checks, while being capable in appropriate cir- together with the upgrade of 20 current single- cumstances of making a significant contribution worker special projects to two worker projects. to ensuring that unsuitable persons do not secure The 8% increase also applies to youth infor- positions of trust, are not the sole answer to mation centres. In addition, a review of the youth ensuring applicants’ suitability for posts. information provision nationally is currently There will continue to be a particular onus of being carried out by external consultants. With care on employers to maintain good employment regard to child protection training for the sector, practice both during the recruitment stage, for additional financial support has been made avail- example, good interviewing practice and checking able in this regard to the National Youth Council references, and in ensuring adequate supervision of Ireland. The promised funding review of the arrangements post-recruitment. youth work sector is being carried out by external consultants and is nearing completion. In addition, I have also created a development Youth Services. fund for youth work organisations on a once-off 40. Mr. Gogarty asked the Minister for Edu- basis to assist them in preparing themselves cation and Science the reason the Government organisationally for the implementation of the has failed to deliver its own priority objectives in Youth Work Act, 2001. the national youth work development plan, including the appointment of an assessor for Disadvantaged Status. youth work, the capacity building of youth work organisations and the vocational educational 41. Dr. Upton asked the Minister for Education committees, and the establishment of a develop- and Science the recourse which is available to ment unit for youth work in view of the funding schools in disadvantaged areas that have had a having been available from the start of 2005; the reduction in resource teaching hours as a result timeframe planned to address this deficit; and if of the implementation of the weighted system; she will make a statement on the matter. and if she will make a statement on the [27700/05] matter. [27678/05]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The framework for youth work in Hanafin): As the Deputy is aware, the new Ireland is provided by the Youth Work Act 2001 general allocation system is intended to cater for and the National Youth Work Development Plan children with high incidence special needs and 493 Questions— 11 October 2005. Written Answers 494 those with learning support needs. The system cases, however transitional arrangements are in was constructed so that allocations would be place to ameliorate losses of teacher support in based on pupil numbers, taking into account the certain schools in the current year. differing needs of the most disadvantaged schools and the evidence that boys have greater diffi- Multi-Denominational Schools. culties than girls in this regard. Disadvantaged schools that satisfied the 42. Mr. McCormack asked the Minister for Department’s criteria for additional staffing Education and Science the number of multi- under the Giving Children an Even Break denominational schools here; and if she will make scheme — a scheme to help schools with high lev- a statement on the matter. [27551/05] els of pupils from disadvantaged backgrounds — avail of a preferential pupil-teacher ratio of 80:1. Minister for Education and Science (Ms Small schools — not eligible for additional staff- Hanafin): The number of multi-denominational ing under the Giving Children an Even Break schools established here to date is 39. A list of scheme — also avail of preferential pupil-teacher multi-denominational and other denominational ratios under the general allocation compared to schools together with addresses and contact larger schools. numbers is available on my Department’s web- It has always been the case that schools that site www.education.ie. were in receipt of resource teacher support in respect of pupils with special educational needs Schools Building Projects. would lose teacher support, either full posts or part-time hours, when the pupils that triggered 43. Mr. P. McGrath asked the Minister for the extra support left the school. Education and Science the number of bundles of The Deputy may be aware that my Department schools which will be offered to the market in has introduced a new action plan for educational 2006 as part of the recent schools public private inclusion — DEIS, delivering equality of oppor- partnership announcement; and if she will make tunity in schools, which aims to ensure that the a statement on the matter. [27586/05] educational needs of children and young people, from pre-school to completion of upper second Minister for Education and Science (Ms level education — three years to 18 years — from Hanafin): As I indicated in my statement of 29 disadvantaged communities are prioritised and September 2005, it is my intention that the first effectively addressed. The new plan is the out- bundle of schools under my Department’s PPP come of the first full review of all programmes programme will be offered to the market in the for tackling educational disadvantage that have first half of 2006 and regularly thereafter in the been put in place over the past 20 years and it period 2006-09 to ensure a steady deal flow. will involve an additional annual investment of The precise make-up of the bundles in terms of some \40 million on full implementation. It will the number of schools in each and the geographi- also involve the creation of about 300 additional cal spread will be determined by my Department posts across the education system generally. in consultation with the centre of expertise that is A key element of this new action plan is the being established within the NDFA. putting in place of a standardised system for iden- tifying levels of disadvantage in our primary and School Curriculum. second level schools, which will result in improved targeting of resources at those most in 44. Mr. Penrose asked the Minister for Edu- need. The identification and analysis processes cation and Science the action she will take to are being managed by the Educational Research address the high rates of failure in maths and Centre on behalf of my Department. sciences in the leaving certificate; and if she will As a result of the identification process, make a statement on the matter. [27660/05] approximately 600 primary schools, comprising 300 urban-town and 300 rural, and 150 second Minister for Education and Science (Ms level schools will be included in a new school sup- Hanafin): In 2005, in leaving certificate math- port programme, SSP. The SSP will bring ematics, some 12% or 4,413 students scored less together, and build upon, a number of existing than grade D at ordinary level, while at found- interventions for schools and school clusters-com- ation level, 7.7% or 428 candidates scored less munities with a concentrated level of edu- than grade D. cational disadvantage. In physics, chemistry and biology at ordinary My Department officials anticipate being in a level, the proportions scoring less than grade D position to notify participating schools in relation were 11.4%, 12% and 18.5%, respectively. While to the outcome of the ongoing identification pro- these results are broadly in line with previous cess by the end of the year. years, they are a cause of concern especially as While this action plan is in place, it is not my skills in maths and science are assuming increas- Department’s intention to review individual ing importance in our knowledge society. 495 Questions— 11 October 2005. Written Answers 496

[Ms Hanafin.] Higher Education Grants. A review of mathematics in post-primary edu- 45. Mr. Sargent asked the Minister for Edu- cation is under way. The National Council for cation and Science the reason the nominal Curriculum and Assessment, NCCA, has pub- interest earned in 2004 for special savings lished a discussion paper which highlights key accounts and special savings investment accounts concerns such as the low participation levels at is being calculated for mature students when higher level, the high proportions scoring less assessing eligibility for top-up grants when this than grade D at ordinary level, reported diffi- method is not being applied by the Revenue culties among students in third level in grasping Commissioners in assessing income for the pre- mathematical concepts, the dominance of didactic vious tax year as it has not yet been earned; if her approaches in mathematics classrooms, over- attention has been drawn to the fact that such a emphasis on learning by rote, and excessive calculation affects a number of borderline cases reliance on textbooks. The discussion paper fea- that cannot access this income for purchasing tures a debate on approaches to mathematics educational materials or feeding their families; teaching and learning, including changing inter- and if she will make a statement on the national trends regarding the focus on problem matter. [27706/05] solving, modelling, real life contexts and “realistic mathematics education”. 61. Mr. Cuffe asked the Minister for Education The discussion paper is being distributed to and Science the circumstances in which special schools in order to get the feedback of the wider savings accounts and special savings interest teaching cohort. The NCCA will also engage in accounts’ interest in the previous tax year is cal- culated as income in assessing means for edu- wider consultations with national interests, cational grants. [27707/05] including employers on this issue. In addition, research has been commissioned by the NCCA Minister for Education and Science (Ms on international trends in mathematics in upper Hanafin): I propose to take Questions Nos. 45 second level education. This is being undertaken and 61 together. by UCC in collaboration the National Science For the purposes of determining reckonable Foundation in Washington. I expect the NCCA’s income for the student support schemes, all report on this comprehensive review of math- investments must be declared, including savings ematics early 2006. certificates, life assurance bonds and other finan- In regard to science, the revised syllabus in jun- cial instruments where the interest-profit is ior certificate science will be examined for the accumulated and paid out as a lump sum at the first time in 2006. The syllabus represents very end of the investment period. significant changes particularly in relation to The amount of income to be included in teaching methodology and assessment. It also respect of special savings incentive accounts, reflects international trends towards a more SSIAs, is the Government grant earned on the investigative approach to science education. It savings in the relevant tax year plus in the case places new emphasis on practical and project of savings accounts, the gross interest earned in work, requiring 30 practical experiments and the relevant tax year, and, in the case of invest- investigations to be presented for assessment, ment accounts, the investment profit earned in accounting for 35% of the total marks in the jun- the relevant tax year. Investment losses sustained ior certificate examination. The reforms will in the relevant tax year are deductible. The treatment of the SSIAs in this regard is make science more attractive, and build the consistent with the treatment of similar financial foundations which will enhance performance and products such as post office savings bonds. encourage students to continue the subject at senior cycle. In response to the NCCA’s proposals for senior School Transport. cycle reform, I have asked the NCCA to engage 46. Mr. P. Breen asked the Minister for Edu- in a review and reconfiguration of subjects gener- cation and Science if her attention has been ally within the leaving certificate. Mathematics drawn to the fact that the dispute involving the and science subjects will be given particular transport of children to a school (details supplied) priority in the rollout of this process, building on in County Limerick has yet to be resolved; and if the work of the mathematics review, and ensuring she will make a statement on the matter. appropriate continuity in the science subjects [27697/05] from junior cycle. My Department is committed to prioritising Minister for Education and Science (Ms actions to bring about improvements in the stan- Hanafin): Under the terms of the post-primary school transport scheme, a pupil is eligible for dards of student achievement in mathematics transport if she or he resides 4.8 kilometres or and science. more from her or his local post-primary edu- 497 Questions— 11 October 2005. Written Answers 498 cation centre, that is, the centre serving the catch- all teachers have received in-service training ment area in which she or he lives. In addition, which was delivered by the Primary Curriculum an eligible pupil may be allowed the concession Support Service, PCSP, over a four year period. of transport, known as catchment boundary trans- Teachers in schools where Irish is the medium of port, to a centre other than her or his local centre, instruction participated in two day-long seminars provided there is room on the bus to that centre and those in all other schools attended three such after all locally eligible pupils have been catered seminars. A total of 3,500 seminars were deliv- for. ered and approximately 21,000 teachers partici- Certain first-year pupils who reside within the pated. To complement this work, Regional Cur- Limerick city catchment area have applied for riculum Support Service advisers — cuiditheoirı´ catchment boundary transport to Pallaskenry. — who are based in local education centres are Some have been facilitated to the extent that available to visit schools and advise on all aspects seats are available on the existing service and are of the Irish curriculum. In addition, all primary being carried from the city catchment area to teachers have engaged in school-based planning Pallaskenry. days specifically for Irish. A range of resources The decision in relation to this post-primary has been developed for use in teaching the centre was made following a full assessment of revised Irish curriculum and prominent among all relevant factors and there is no proposal to these are the Se´idea´nSı´ materials which are now change it. available for infant and first classes. Regarding the post-primary curriculum, the School Curriculum. National Council for Curriculum and Assess- ment, NCCA, is currently carrying out a rebal- 47. Mr. M. Higgins asked the Minister for Edu- ancing of the junior certificate Irish syllabi. This cation and Science if she will review her Depart- will involve reviewing the content of the courses ment’s entire approach to the teaching and exam- along with the learning outcomes expected of ining of Irish in light of worrying reports on students. The process which will be completed in falling standards in both Gaeltacht and non-Gael- November 2005 will identify any further aspects tacht areas; and if she will make a statement on of these syllabi that are in need of reform. A the matter. [27652/05] revised literature course for leaving certificate Irish was introduced in September 2004 for first 430. Mr. McGinley asked the Minister for Edu- examination in 2006. This has been widely wel- cation and Science the actions she intends to take comed as it allows literature to be taught using resulting from a recent report on Gaeltacht modern communicative approaches that appeal schools and the Irish language; and if she will to young people and it affords a high level of make a statement on the matter. [22746/05] choice to students and teachers. For example, it includes film, for the first time, as an option for 433. Mr. O’Shea asked the Minister for Edu- students. The revised course is accompanied by cation and Science if she has received a copy of comprehensive guidelines for teachers and the the recent study by An Chomhairle um Oide- development of further materials in digital format achas Gaeltachta agus Gaelscolaı´ochta that states to complement these guidelines is well advanced. that Gaeltacht schools are facing a crisis and The inspectorate of my Department is actively unless they get more support few of them will be involving in focused evaluations of the teaching teaching through Irish in 20 years’ time; her plans and learning of Irish. At primary level, inspec- to address the perilous state of Gaeltacht edu- tions with special emphasis on Irish have been cation; and if she will make a statement on the conducted in 40 schools. At post-primary level, matter. [22577/05] 10% of schools have undergone an evaluation of the teaching and learning of Irish in the junior Minister for Education and Science (Ms cycle. In addition, my Department has invited the Hanafin): I propose to take Questions Nos. 47, Council of Europe to carry out an analysis of the 430 and 433 together. language education in Ireland. This process is cur- I have received a copy of the report mentioned rently under way and Irish is one of the main by the Deputies. areas for consideration. Reports on each of these Since the raising of standards of Irish is a activities will be available in 2006 and their find- priority for my Department, matters relating to ings will inform further interventions to improve the teaching and assessment of the subject are standards of Irish in our schools. reviewed on an ongoing basis. A range of Significant improvements are being made in measures have already been taken to improve the regard to the provision of suitable high quality quality of learning in Irish. textbooks and teaching materials specifically for For primary schools, a revised curriculum in use in Gaeltacht and other all-Irish schools Irish was launched in 1999, placing a strong through the work of the An Chomhairle um emphasis on oral Irish and was introduced fully Oideachas Gaeltachta agus Gaelscolaı´ochta. In in all schools in 2003. To support its introduction 2005 my Department allocated to An Chomhairle 499 Questions— 11 October 2005. Written Answers 500

[Ms Hanafin.] years; and if she will make a statement on the \725,000, of which an additional \300,000 was matter. [27557/05] specifically for the provision of textbooks and resources. I have also recently met An Chom- 88. Mr. P. Breen asked the Minister for Edu- hairle to discuss further improvements that could cation and Science the number of children cur- be made to support schools in improving the rently being carried by the school bus service; the teaching and learning of Irish and to promote way in which this compares with each of the past high quality education through the medium of five years; and if she will make a statement on Irish. the matter. [27556/05] In addition, Marino Institute of Education now provides courses at different levels and an Minister for Education and Science (Ms enhanced range of supports for those studying for Hanafin): I propose to take Questions Nos. 49 the Scru´ du´ le hAghaidh Cailı´ochta sa Ghaeilge. and 88 together. The number of children currently being carried on school transport is 128,300. The numbers car- School Meals. ried in the last five years are as follows: in 2000, 48. Mr. McEntee asked the Minister for Edu- 131,200; in 2001, 132,700; in 2002, 130,720; in cation and Science if she will provide schools with 2003, 130,100; and in 2004, 129,400. guidelines on the types of foods available on The number of concessionary pupils currently school premises; and if she will make a statement being carried on school transport is 6,257. The on the matter. [27567/05] numbers carried in each of the last five years are as follows: in 2000, 9,127; in 2001, 8,901; in 2002, Minister for Education and Science (Ms 6,845; in 2003, 7,332; and in 2004, 7,100. Hanafin): The Department of Health and Chil- With regard to concessionary pupils, I should dren has published food and nutrition guidelines clarify that a pupil at primary level is eligible for for schools. In addition, many of the Health school transport if she or he resides 3.2 kilo- Service Executive areas have health promotion metres or 2 miles or more from the nearest suit- programmes in place to assist schools in this able primary school. At post-primary level, a regard. pupil is eligible if she or he resides 4.8 kilometres My Department supports the view that good or 3 miles or more from the post-primary centre nutrition is central to a child’s educational in the catchment area in which she or he lives. development. Evidence from existing studies In the case of primary and post-primary pupils shows that there is a significant positive relation- who are ineligible for school transport on the ship between improved dietary status and school basis of the distance requirements, transport may performance. be offered on a concessionary fare-paying basis. Such pupils are not guaranteed school transport A knowledge of what constitutes a nutritionally for every year of their schooling. Rather, the balanced diet is acknowledged as being of import- granting of such concessionary transport is ance for students. To support this, nutrition edu- dependent on the availability of additional capa- cation is featured in the curriculum in both city on the buses used to transport eligible primary and post-primary schools. students. Any such additional capacity is calcu- As the Deputy will be aware, schools are pri- lated on a year-to-year basis. vately owned, privately managed institutions which, although funded by the State, enjoy a large degree of autonomy. It is, therefore, primarily a Cola´isti Samhraidh. matter for each school to decide on the types of 50. D’fhiafraigh Mr. Boyle den Aire food that are available on the school premises. I Oideachais agus Eolaı´ochta cad e´ a polasaı´ i leith am not aware of any impediment that would fhorbairt na gCola´istı´ Samhraidh sa Ghaeltacht prevent schools imposing a ban on eating certain agus san Iar-Ghaeltacht agus an nde´anfaidh sı´ foodstuffs, although any special dietary needs of ra´iteas ina leith. [22732/05] students would have to be taken into account. I know that many schools have developed Minister for Education and Science (Ms healthy eating policies in co-operation with their Hanafin): Ta´ se´ mar pholasaı´ ag an Roinn parents association, and I would encourage others Oideachais agus Eolaı´ochta tacaı´ocht ar leith a to do so. thabhairt do Chola´istı´ Samhraidh ata´ lonnaithe sa Ghaeltacht agus i scoileanna co´ naithe lasmuigh den Ghaeltacht. Tugtar an tacaı´ocht seo do na School Transport. Cola´istı´ Samhraidh ar an a´bhar go gcabhraı´onn 49. Mr. O’Dowd asked the Minister for Edu- siad le scola´irı´ ag an mbunleibhe´al, cation and Science the number of concessionary iarbhunleibhe´al agus ag an trı´u´ leibhe´al. Cuireann pupils being carried on school transport; the way na Cola´istı´ Samhraidh lena gcumas o´ thaobh in which this compares with each of the past five foghlaim na Gaeilge, go ha´irithe an cumas 501 Questions— 11 October 2005. Written Answers 502 tuisceana agus labhartha, dha´ ghne´ ata´ go School Staffing. ´ ´ ´ ´ rıthabhachtach. Cuirtear an tacaıocht seo ar fail 52. Mr. P. McGrath asked the Minister for ´ ´ ´ ´ sna bealaı eagsula seo a leanas: Ioctar deontas i Education and Science the ratio of second level ´ ´ ´ bhfoirm taillı teagaisc agus e bunaithe ar an students to guidance councillors; and if she will ´ ´ ´ ´ ´ ´ rollachan i gcas daltaı a mbıonn conaı orthu sa make a statement on the matter. [27546/05] Ghaeltacht no´ ag cur fu´ thu i gCola´iste Co´ naithe i rith an chu´ rsa. Toisc gur cu´ rsaı´ co´ naithe iad seo Minister for Education and Science (Ms bı´onn teagmha´il ag na scola´irı´ leis an nGaeilge an Hanafin): My Department makes a specific ex- la´ go le´ir. quota allocation of teaching posts in respect of Bı´onn an Roinn sa´sta faomhadh a thabhairt do guidance to schools in the second level system. bhunu´ Cola´iste Gaeilge nua ma´ fheictear di go This allocation is based on the pupil enrolment in bhfuil e´ileamh ann da´ leithe´id agus nach mbı´onn September of the preceding school year. As a freastal cuı´ a´ dhe´anamh ar an gceantar sin cheana result of my decision to allocate an additional 100 fe´in. Tarlaı´onn se´ o´ am go ham go lorgaı´tear posts to guidance from September 2005 an aitheantas mar seo agus de´antar gach e´ileamh a enhanced guidance allocation provision was put iniu´ chadh ag cur na gcrite´ir thuas san a´ireamh. in place for 2005-06 school year. This enhanced De´antar cigireacht ar roinnt de na Cola´istı´ provision means that in the case of schools in the Samhraidh gach bliain agus sola´tharaı´tear free education/block grant schemes, the level of tuairiscı´ ar a gcuid oibre. Cuirtear na tuairiscı´ ar allocation ranges from eight hours per week for fa´il do choistı´ bainistı´ochta na gCola´istı´ mar thaca schools with enrolments below 200 pupils to 47 chun a n-e´ifeacht o´ thaobh seirbhı´sı´ a shola´thar hours per week for schools with an enrolment of do na scola´irı´ a fheabhsu´ . Foillsı´onn an Roinn 1,000 pupils or more. In addition certain schools Oideachais agus Eolaı´ochta olltuairisc bhliantu´ il had previously been allocated hours in response ar an gcigireacht a dhe´antar sna Cola´istı´ to particular needs and-or as part of the guidance Samhraidh. No´ taı´tear inti prı´omh-mholtaı´ na enhancement initiative, such schools have been gcigirı´ do na Cola´istı´ Samhraidh faoin gcaoi leis permitted to retain this higher allocation for the an gcaighdea´n is fearr a bhaint amach. Cuireann 2005-06 school year. an Roinn an-bhe´im ar an obair seo. In the case of schools outside the free edu- Leagtar sı´os coinnı´ollacha mar threoir do cation or block grant schemes, 11 hours per week chu´ rsaı´ riaracha´in agus teagaisc de sna Cola´istı´ are allocated in respect of schools in the 350 to Samhraidh . De´antar athbhreithniu´ ar na 499 enrolment category and a full post is allo- coinnı´ollacha go rialta agus cinntı´onn an cated in the case of schools with 500 or more Chigireacht go gcloı´tear leis na coinnı´ollacha. Is pupils. bealach fiu´ ntach e´ seo chun an caighdea´n teagaisc agus foghlama a neartu´ mar ba cho´ ir. Education Welfare Service.

Third Level Institutions. 53. Mr. Hogan asked the Minister for Edu- cation and Science the number of education wel- 51. Mr. Timmins asked the Minister for Edu- fare officers now employed by the National Edu- cation and Science her plans to develop an out- cational Welfare Board; and if she will make a reach third level education centre in County statement on the matter. [27563/05] Wicklow; and if she will make a statement on the matter. [27610/05] Minister for Education and Science (Ms Hanafin): Since its formal launch in December Minister for Education and Science (Ms 2003, the aim of the National Educational Wel- Hanafin): In the State as a whole there are more fare Board has been to provide a service to the than 20 publicly-funded higher education insti- most disadvantaged areas and most at-risk tutions, of which seven are universities and 14 are groups. Five regional teams have been estab- institutes of technology. In its review of Irish lished with bases in Dublin, Cork, Limerick, higher education published in 2004, the OECD Galway and Waterford and staff have been observed that Irish third level institutions were deployed in areas of greatest disadvantage and in relatively small by international standards and areas designated under the Government’s that this posed particular challenges in terms of RAPID programme. Thirteen towns with signifi- achieving critical mass for academic provision, cant school-going populations, 12 of which are infrastructure, research and support mechanisms. designated under the Government’s RAPID It is not possible to have a third level institution programme, also now have an educational wel- in every county and to ensure that each of these fare officer allocated to them. Towns which have could achieve this critical mass. In view of the an educational welfare officer allocated to them current level of third level provision nationally, include Dundalk, Drogheda, Navan. Athlone, and within close proximity to Wicklow, there are Carlow, Kilkenny, Wexford, Bray, Clonmel, no plans to develop an outreach third level edu- Tralee, Ennis, Sligo, Naas, Castlebar, Longford, cation centre in Wicklow. Tuam, Tullamore, Letterkenny and Portlaoise. 503 Questions— 11 October 2005. Written Answers 504

[Ms Hanafin.] if she will make a statement on the matter. In addition, the board will follow up on urgent [27667/05] cases nationally where children are not currently receiving an education. Minister for Education and Science (Ms The service is developing on a continuing basis. Hanafin): Special need assistants employed in The total authorised staffing complement is cur- primary and second level schools have recently rently 94, comprising 16 headquarter and support signed new contracts of employment with the staff, five regional managers, 12 senior edu- managerial authorities of their schools. cational welfare officers, SEWOs, and 61 edu- The new contract of employment was agreed cational welfare officers, EWOs. following discussions between the representatives Since September 2005, every county in Ireland of the managerial authorities, union and my is served by an educational welfare service. Department. The terms of the contract are outlined in the Question No. 54 answered with Question contract of employment form contained in circu- No. 12. lar SNA 12/05 for primary schools or circular SNA 15/05 for second level schools. Paragraph 2.5 of the contract deals with the hours of work Medical Education. of a special need assistant. 55. Mr. S. Ryan asked the Minister for Edu- I will arrange for a copy of the two circulars to cation and Science if and when she will make a be issued to the Deputy. decision on a proposal to establish a postgraduate medical school in University College Dublin and Bullying in Schools. on a similar proposal from the University of Limerick; and if she will make a statement on the 57. Mr. Coveney asked the Minister for Edu- matter. [27671/05] cation and Science the action being taken against bullying at primary and secondary schools; and if she will make a statement on the matter. 106. Mr. S. Ryan asked the Minister for Edu- [27544/05] cation and Science if she will lift the cap on undergraduate places in medical schools available Minister for Education and Science (Ms to students here; and if she will make a statement Hanafin): The education of students in both on the matter. [27670/05] primary and post-primary schools in relation to anti-bullying behaviour is a central part of the Minister for Education and Science (Ms social, personal and health education, SPHE, cur- Hanafin): I propose to take Questions Nos. 55 riculum. SPHE is now a compulsory subject both and 106 together. at primary level and in the junior cycle of post- As the Deputy may be aware, a Working primary schools. The SPHE curriculum provides Group on Undergraduate Medical Education and for the development of personal and social skills Training recently completed a review of the including self-awareness, respect for others, self- organisation and delivery of medical training and esteem and communication skills, all of which are education in Ireland. I am currently considering important elements in addressing the issue of the broad range of recommendations made by the bullying. In primary education, the issue of bully- working group, in consultation with my colleague, ing is addressed in the SPHE curriculum in the the Tana´iste and Minister for Health and Chil- strand “Myself and Others” from infant classes dren. We will be bringing proposals to Govern- onwards. In second level education, the issue of ment in the near future on a wide-range of issues bullying is addressed from first year onwards in associated with the delivery of medical education the SPHE curriculum at junior cycle, in the mod- in Ireland, including the so-called “cap” on ule on “Belonging and Integrating”. undergraduate education. My Department, in its guidelines on countering The development of a graduate entry stream to bullying behaviour in schools, has provided a medical education is also being considered in this national framework within which individual context. The proposals from University College school management authorities may meet their Dublin and the University of Limerick will be responsibilities for implementing effective school- considered in the context of the overall response based policies to counter bullying. These guide- to the report of the working group. lines were drawn up following consultation with representatives of school management, teachers and parents, and are sufficiently flexible to allow School Services Staff. each school authority to adapt them to suit the 56. Mr. Quinn asked the Minister for Edu- particular needs of the school. cation and Science if the number of hours per Each school is required to have in place a week worked by special needs assistants have policy which includes specific measures to deal been reduced for the current academic year; and with bullying behaviour, within the framework of 505 Questions— 11 October 2005. Written Answers 506 an overall school code of behaviour and dis- port to schools to operate book rental schemes cipline. Such a code, properly devised and in view of the increasing cost of school books to implemented, can be the most influential measure parents; and if she will make a statement on the in countering bullying behaviour in schools. matter. [27651/05] The school development planning initiative plays an important role in supporting schools to Minister for Education and Science (Ms raise awareness of the need for anti-bullying Hanafin): My Department has urged school auth- measures. orities to put in place book rental schemes, at In addition, my Department funds a number of both primary and post-primary level, to the great- support services and pilot initiatives which est extent possible. To that end the school book provide direct assistance to schools in dealing for needy pupils grant scheme may be used by with the issue of bullying. school authorities for the support of book loan- rental schemes. The 2005 allocation for the school Languages Programme. book grant for needy pupils scheme at post- primary level is \7.018 million which represents a 58. Ms Shortall asked the Minister for Edu- 10.36% increase on the 2004 allocation of \6.359 cation and Science if she will provide a separate million. budget for the teaching of English to non- At primary level many schools operate book nationals which is currently being provided under rental schemes and second-hand book exchanges. the vocational education committee’s adult edu- A total of \3,859,352 has been paid by my cation budgets in view of increasing demand in Department in respect of the school books grant this sector; and if she will make a statement on scheme in primary schools for the 2005-06 school the matter. [27673/05] year. This figure includes \3,337,928 paid to schools operating loan-rental schemes. Minister for Education and Science (Ms At post-primary level, my Department also Hanafin): My Department funds the provision of provides seed capital towards the costs of estab- adult literacy, which is delivered, by the lishing book rental schemes in schools designated vocational education committees from the adult as disadvantaged and-or schools which participate literacy and community education, ALCES, in schemes designed to combat educational disad- budget. This includes literacy to non-nationals. vantage. The intention is to provide some specific The national development plan committed \ financial support for the introduction or expan- 93.5 million to the service in the period 2000 to sion of book loan-rental schemes in individual 2006, with a target of reaching 113,000 clients schools on an annual basis, for a maximum of six over that period. This target will be met. years or five years in the case of five-year cycle Funding for adult literacy has been increased schools. It is envisaged that schools which receive incrementally in recent years from just under \1 seed capital will be in a position to establish sus- million in 1997 to more than \22 million this year. tainable book loan-rental schemes which, after Client numbers rose in the same period from the initial special assistance, will operate on a 5,000 in 1997 to more than 33,000 in 2004. self-financing basis where ongoing costs will be The increase in funding has also enabled the met by fee income, which can be subsidised in the introduction of special programmes targeted at case of needy pupils from the general book grant groups with particular literacy needs. This scheme allocation. Funding in respect of seed includes non-nationals whose first language is not capital amounted to \221,240 in 2004. English. In 2004, 7,800 of the clients were non- DEIS, delivering equality of opportunity in national. The VECs have ensured that the level schools, the new action plan for educational of tuition provided covers FETAC level 1 and 2 inclusion, which I launched last May, aims to only. Asylum seekers are entitled to literacy and English language supports, other EU nationals ensure that the educational needs of children and and non-EU nationals can be offered literacy pro- young people from disadvantaged communities vision on the basis of need and available are prioritised and effectively addressed. resources. The plan provides for a standardised system for I have no plans to provide a separate funding identifying levels of disadvantage and a new inte- line as I consider it more appropriate to allow grated school support programme, SSP, which VECs the discretion within their overall budgets will bring together and build upon, a number of to allocate available resources in the light of existing interventions for schools with a concen- local demand. trated level of disadvantage. In the new action plan, additional funding will be made available under the school books for needy pupils grant Education Schemes. scheme aimed primarily at supporting the estab- 59. Mr. Costello asked the Minister for Edu- lishment, development and ongoing operation of cation and Science if she will provide more sup- book loan-rental schemes. 507 Questions— 11 October 2005. Written Answers 508

Early Childhood Education. to complement and add value to existing child care programmes in disadvantaged communities, 60. Ms McManus asked the Minister for Edu- with a view to ensuring that the overall care and cation and Science her response to the finding in education needs of the children concerned are the Forfa´s Annual Competitiveness Report that met in an integrated manner. Ireland ranks bottom of the table of 15 countries Co-ordination between education and care is in participation of four year olds in education; her essential in the further development of early plans to expand the early start programme or to childhood services in the country. introduce other measures to provide for early The issue of co-ordination of services is being childhood education; and if she will make a state- tackled through the high level working group ment on the matter. [27663/05] being chaired by the National Children’s Office. This group has been asked to provide the Minister for Education and Science (Ms Government with a range of policy options which: Hanafin): Early education in Ireland covers the make the link between education and care and period from birth to six years. At present almost the benefits to be gained by individual children all five year olds and half of four year olds attend as well as by communities and society in general; junior infant and senior infant classes in primary increase the supply of appropriate early child- schools. Outside of junior classes in primary hood education and care settings by developing schools, my Department’s main role in the area of capacity in the system; include measures which early childhood education focuses on pre-school make services more affordable; and ensure qual- provision for children from disadvantaged areas, ity is a design feature in the child care system. Traveller children and those with special needs. The bulk of pre-school places in the country are Question No. 61 answered with Question financed by the Department of Justice, Equality No. 45. and Law Reform, which has provided unpre- cedented levels of funding for child care in recent years currently providing some 26,000 child care Adult Education. places. 62. Mr. Boyle asked the Minister for Education The early start programme, referred to by the and Science if research has been carried out into Deputy, is a pre-school intervention programme effects of the vocational education committees targeted at three to four year old children in areas raising of the threshold for senior citizens, for of social disadvantage. With this programme, example the discounted cost of adult education young children can experience an educational courses; and if she will make a statement on the programme to enhance their overall develop- matter. [27704/05] ment, to help prevent school failure and to help offset the effects of social disadvantage. The early 94. Mr. Cuffe asked the Minister for Education start pre-school project was established in 40 and Science if her attention has been drawn to primary schools in designated areas of urban dis- the sharp rise in the cost of adult education advantage in Dublin, Cork, Limerick, Waterford, courses following higher teaching costs being Galway, Drogheda and Dundalk. passed on by vocational educational committees; Targeted early childhood education provision if her attention has further been drawn to the will be a key element of the new action plan for concern among senior citizens and the adult educational inclusion DEIS, delivering equality learning population in general; her plans to of opportunity in schools, which I launched in ensure that vocational educational committees May of this year. The plan’s objective is to con- are recompensed for these costs in order that centrate early education actions on those children some increases are reduced and no further aged from three up to school enrolment, who will increases take place; and if she will make a state- subsequently attend urban-town primary schools ment on the matter. [27703/05] serving the most disadvantaged communities. On a phased basis, the 150 urban-town primary Minister for Education and Science (Ms school communities serving communities with the Hanafin): I propose to take Questions Nos. 62 highest concentrations of disadvantage will be and 94 together. provided with access to early education for chil- The funding provided by my Department for dren aged from three up to school enrolment, community education under the adult literacy who will subsequently attend these primary and community education budget, amounts to schools. The action plan will be implemented on nearly \9 million in 2005. This is separate to the a phased basis over the next five years and will back to education initiative, 10% of which is involve the creation of about 300 additional posts reserved for the non-formal community edu- across the education system. cation field. My Department’s approach will be to work in Community education is available to all. It partnership with other Departments and agencies refers to education and learning, generally out- 509 Questions— 11 October 2005. Written Answers 510 side the formal education sector, with the aims of socially deprived areas; and if she will make a enhancing learning, empowerment and contribu- statement on the matter. [27684/05] ting to civic society. It is firmly community-based, with local groups taking responsibility for, and Minister for Education and Science (Ms playing a key role in organising courses, deciding Hanafin): Significant improvements have been on programme-content and recruiting tutors. made in the pupil-teacher ratio and in average The grants provided by the Department to the class size in recent years at primary level. The VECs are, first, to enable disadvantaged adults to most recent figure available for average class size avail of community education at minimal or no at primary level refers to the 2003-04 school year, cost and, second, for adult literacy classes for when the average class size was 23.9, down from which there is no charge. Others who do not 26.6 in 1996-97. The pupil-teacher ratio at come within the disadvantaged category, or who primary level, which includes all teachers includ- attend leisure or hobby type courses, have to pay ing resource teachers, has fallen from 22.2:1 in the the economic fee. 1996-97 school year to 17.1:1 — projected — in It is a matter for VECs to finance their adult 2004-05 . education programmes from within their At post primary level the pupil-teacher ratio approved budgets, and they have discretion in has fallen from 16:1 in the 1996-97 school year to setting the fees charged to those clients who have 13.6:1 in the 2003-04 school year. the means to pay. The fees charged reflect the More than 4,500 additional teachers have been economic cost of the courses. employed in our primary schools since 1997. In allocating teaching posts regard has been had to Schools Building Projects. the commitments of the Government to reduce 63. Mr. Sherlock asked the Minister for Edu- class size, tackle educational disadvantage and to cation and Science if her Department has exam- provide additional resources for pupils with ined the causes of the overrun in the cost of the special educational needs. The additional teach- public private partnership schools already con- ing posts created since 1997 have been deployed structed; the lessons which have been learned; the to address all of these priorities. changes which will be incorporated in the con- In relation to providing for children with tracts and specifications for the schools recently special educational needs, there are now over announced; and if she will make a statement on 5,000 teachers in our primary schools working the matter. [27672/05] directly with children with special needs, includ- ing those requiring learning support. This com- Minister for Education and Science (Ms pares to under 1,500 in 1998. One out of every Hanafin): The first bundle of five post-primary five primary school teachers is now working PPP schools were delivered up to eight weeks specifically with children with special needs. ahead of schedule and within the price agreed. The Deputy will be aware of the new action There was no cost overrun. plan for educational inclusion, DEIS, delivering One of the fundamental elements of PPPs is equality of opportunity in schools, which I the incorporation of life cycle planning in the launched recently. This action plan will result in design, construction and costing of the project. the reduction in class sizes of 24:1 at senior level My Department has, as a result of its PPP experi- and 20:1 at junior level in 150 primary schools ence, included this element of design in tradition- serving communities with the highest concen- ally procured schools, with emphasis on the dura- trations of disadvantage. bility of design and materials. While it is In line with the commitment in the programme anticipated that this will lead to an increase in the for Government, class sizes will be reduced still capital cost of school projects, it will lead to lower further. The deployment of additional posts will maintenance costs and greater longevity of be decided within the context of the overall policy schools in the future, thus providing value for that priority will be given to pupils with special money over a longer term. needs, those from disadvantaged areas and jun- Question No. 64 answered with Question ior classes. No. 24. Schools Building Projects. Pupil-Teacher Ratio. 66. Mr. Gregory asked the Minister for Edu- 65. Mr. Durkan asked the Minister for Edu- cation and Science her views on the request to cation and Science her plans to bring pupil- provide a modern school building to replace the teacher ratios at primary level into line with best eight or nine prefabs in a school (details supplied) practice in other European countries with part- in Dublin 7; and if she will make a statement on icular reference to children from economically or the matter. [27312/05] 511 Questions— 11 October 2005. Written Answers 512

Minister for Education and Science (Ms the attention of the school in question and direct Hanafin): The school to which the Deputy refers the attention of the school authority to the need has applied for a new school building. My to address the problem by implementing those Department acknowledges that there is no scope recommendations contained in the report best for the development of the existing site. There- suited to the particular school’s individual needs. fore, among the options being considered is the It is considered that the issue of the most possibility of securing a greenfield site in the area recent circular on the weight of schoolbags will where the school is located to provide a new serve to once again raise awareness of the prob- building. The property management section of lem and lead to local solutions being the Office of Public Works, which acts on behalf implemented where necessary. of my Department in relation to site acquisitions generally, will pursue this matter in tandem with Psychological Service. other options being considered by my 68. Mr. Crawford asked the Minister for Edu- Department. cation and Science the number of primary and My Department recognises the need for a sol- secondary schools which are covered by the ution to the school’s accommodation difficulties National Educational Psychological Service; and and it is committed to working with the school if she will make a statement on the matter. authorities to achieve a satisfactory solution as [27572/05] soon as possible. 450. Ms Enright asked the Minister for Edu- Weight of Schoolbags. cation and Science the number of psychologists employed by the National Educational Psycho- 67. Mr. Stanton asked the Minister for Edu- logical Service; the number of primary and sec- cation and Science if she is satisfied that the ondary schools here; the number of such schools guidelines her Department have issued on the covered by the NEPS service, tabulated according weight of schoolbags are being adhered to; and if to county; and if she will make a statement on the she will make a statement on the matter. matter. [27817/05] [27686/05] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 68 Hanafin): The report of a working group to and 450 together. examine potential problems caused by the weight The complement of NEPS psychologists has of schoolbags, which was presented in July 1998, increased almost three-fold from 43 psychologists acknowledged that many of the solutions belong on establishment to the current number of 124. at local school level. One of the main recom- Schools that do not currently have NEPS psy- mendations of the report related to the need to chologists assigned to them may avail of the heighten the awareness of the potential health scheme for commissioning psychological assess- hazards posed by excessively heavy schoolbags. ments, SCPA, whereby the school can have an In this regard, my Department initiated an assessment carried out by a member of a panel of awareness-raising campaign by disseminating the private psychologists approved by the NEPS, and report, with an accompanying circular, to all the NEPS will pay the psychologist the fees for primary and post-primary schools. A further cir- this assessment directly. Details of this process, cular was issued this year, again highlighting the and the conditions that apply to the scheme, are potential health hazard of heavy schoolbags and available on my Department’s website. The outlining a range of local measures that could be NEPS also provides assistance to all schools that adopted in order to alleviate the problem. It is a suffer from critical incidents, regardless of matter for each individual school to choose those whether they have a NEPS psychologist assigned measures that would be most suited to its individ- to them. ual needs. On behalf of my Department, the Public My Department is aware that positive action Appointments Service has recently conducted a has been taken by many schools. At second level, recruitment competition for the appointment of actions taken by some schools consist of a range educational psychologists to the NEPS, with of measures, including the provision of lockers, recruitment being targeted in such a way as to the arrangement of the timetable into double increase the numbers of NEPS psychologists in class periods, active liaison with parents and the priority areas. Any increase in the number of psy- co-ordination of homework by subject teachers. chologists in the NEPS must take account of Where complaints are received by my Depart- Government policy on public sector numbers. ment in relation to this problem in particular The information sought about the NEPS cover- schools, parents are asked to bring the matter to age of schools is set out in the following table. 513 Questions— 11 October 2005. Written Answers 514

County Primary with Total Percentage Post Primary Total Post Percentage Post NEPS Primary Primary with with NEPS Primary Primary with service NEPS service service NEPS service

%%

Carlow 17 43 40 11 11 100 Cavan 42 79 53 10 11 91 Clare 51 120 43 18 19 95 Cork 183 369 50 70 91 77 Donegal 51 176 29 13 26 50 Dublin 313 474 66 120 186 65 Galway 165 239 69 47 49 96 Kerry 90 144 63 15 27 56 Kildare 39 100 39 25 29 86 Kilkenny 16 80 20 15 16 94 Laois 39 69 57 11 11 100 Leitrim 19 41 46 9 9 100 Limerick 33 148 22 18 37 49 Longford 10 40 25 9 9 100 Louth 36 73 49 14 17 82 Mayo 122 182 67 28 29 97 Meath 61 107 57 17 18 94 Monaghan 47 65 72 9 13 69 Offaly 45 67 67 10 12 83 Roscommon 36 96 38 8 8 100 Sligo 24 67 36 10 15 67 Tipperary NR 18 74 24 2 15 13 Tipperary SR 20 90 22 7 16 44 Waterford 31 76 41 19 20 95 Westmeath 26 77 34 6 15 40 Wexford 36 105 34 20 20 100 Wicklow 53 85 62 22 22 100

1,623 3,286 49 563 751 75 Note “Primary schools” includes special schools and high support units. “PostPrimary schools with service” does not include 46 Dublin vocational schools (which have a service from VEC) “Total PostPrimary schools” includes all postprimary schools (including those served by VEC)

Literacy Levels. However, the results of PISA, the programme of international student assessment, provide 69. Dr. Twomey asked the Minister for Edu- detailed information on the standards of reading cation and Science the percentage of children literacy among Irish 15-year-olds. who leave primary school with literacy diffi- In the second cycle of PISA, which was carried culties; and if she will make a statement on the out in 2003, Ireland ranked sixth in reading out matter. [27580/05] of the 29 OECD countries for which results were analysed. Only three countries, Finland, Korea 93. Mr. Bruton asked the Minister for Edu- and Canada, had significantly higher scores than cation and Science the number of children leaving Ireland. primary school with literacy and numeracy diffi- The percentage of Irish students in the 2003 culties; and if she will make a statement on the survey whose performance in reading was at or matter. [27568/05] below level 1, the lowest level of proficiency, was 11%. The corresponding OECD average was Minister for Education and Science (Ms 19.1%. The results of the first cycle of PISA Hanafin): I propose to take Questions Nos. 69 which took place in 2000 displayed similar differ- and 93 together. ences in favour of Ireland. These outcomes There is no facility within the education system provide strong evidence that, with regard to read- to measure the percentage of young people leav- ing, there are proportionately fewer low achiev- ing post-primary schools with literacy difficulties. ing students in Ireland compared to the OECD. 515 Questions— 11 October 2005. Written Answers 516

[Ms Hanafin.] table of universities compiled by Shangai Jiva Closer examination of the category of low Tong University. I understand this table rep- achievement referred to above reveals that 2.7% resents a measurement based on items such as the of Irish students performed below level 1 com- number of Nobel prize winners, cited researchers pared with the OECD average of 6.7%. This indi- and size of institution. cates that the proportion of students with serious While it is useful to benchmark the perform- reading difficulties in Ireland is less than half that ance of Irish higher education institutions with of the OECD average. The results of PISA 2000 international institutions, it is important to note provide similar evidence with regard to the preva- the inherent difficulty in such exercises. The com- lence of reading difficulties of this nature among pilers of the Shangai index acknowledge that the Irish 15-year-olds. quality of universities “cannot be precisely Notwithstanding what I have outlined, young measured by mere numbers”, and as such no people with poor levels of literacy are a source ranking is absolutely objective. of concern for my Department. To address their However, the Shangai index serves to remind needs, learning support teacher services are avail- us of the very competitive and global envir- able to all second level schools. Currently, there onment in which our higher education institutions are 531 whole-time teacher equivalent posts for operate, and we must ensure that they are learning support. In addition, a total of 1,599 equipped to meet this challenge. The 2004 OECD whole-time teacher posts are provided at second review identified a range of proposals for reform, level to cater for students with special educational the broad thrust of which has been accepted by needs. All of these teachers prioritise the the Government. I am confident major policy development of literacy skills. There are also a initiatives I have already initiated as part of the number of initiatives at post-primary level that response to the OECD report, such as the have students with literacy difficulties as their tar- transfer of the institutes of technology to the get group. The junior certificate school prog- Higher Education Authority and the creation of a ramme focuses specifically on developing literacy strategic innovation fund to facilitate reform and skills and schools participating in the school com- modernisation in the sector, will greatly improve pletion programme are given considerable finan- the capacity of our higher education institutions cial resources to provide targeted students with to compete with other institutions in this global opportunities to improve their literacy skills in environment. accordance with their identified needs. DEIS, delivering equality of opportunity in schools, the new action plan for educational Student Councils. inclusion that I launched last May, includes the 71. Mr. Crawford asked the Minister for Edu- expansion of a number of measures designed to cation and Science if she will introduce a system improve literacy levels among pupils in whereby students can give feedback on their disadvantaged communities. These measures school experiences at the end of each year; and if include increased funding for the school book she will make a statement on the matter. grant scheme which is paid to schools based on [27562/05] the number of needy pupils enrolled. Also included is the extension of the demonstration library project under the junior certificate school Minister for Education and Science (Ms programme, JCSP, on a phased basis to Hanafin): Section 27(2) of the Education Act additional second level schools. This will support 1998 provides that procedures established and the implementation of whole school literacy stra- maintained by schools under section 27(1), for the tegies in the schools concerned. purposes of informing students of the activities The reduction of the numbers of students with of the school, shall facilitate the involvement of literacy difficulties continues to be a key priority students in the operation of the school in associ- for my Department ation with their parents and teachers. The Edu- cation Act also provides that post-primary schools should encourage and facilitate the estab- University League Tables. lishment of student councils. An effective school 70. Mr. O’Shea asked the Minister for Edu- council can be a very good way for students to cation and Science if her attention has been give feedback on their school experiences. drawn to the fact that universities here did not Student councils are established in the majority feature in the upper regions of an international of post-primary schools. I believe very strongly league table of universities recently created by that one cannot merely teach students about Shanghai Jiva Tong University; and if she will rights and responsibilities in the CSPE class, one make a statement on the matter. [27309/05] must give them responsibilities in the place where they spend much of their day. I have stressed to Minister for Education and Science (Ms teachers’ groups the need to not only ensure that Hanafin): I am aware of the international league each school has a student council but that 517 Questions— 11 October 2005. Written Answers 518 councils are given a meaningful role in school My Department has recently issued a compre- decision-making. hensive circular, Sp Ed 02/05, to all primary schools regarding the organisation of teaching Question No. 72 answered with Question resources for pupils who need additional support No. 16. in mainstream primary schools. The main pur- pose of this circular is to provide guidance for schools on the deployment and organisation of School Curriculum. the teaching resources that were allocated under 73. Ms O. Mitchell asked the Minister for Edu- the general allocation model. Reference is also cation and Science the number of departmental made in this circular to the deployment of sex education and related initiatives in place; the additional teaching resources that are allocated to number of schools which implement these initiat- schools for the support of individual pupils with ives; and if she will make a statement on the low incidence disabilities. matter. [27547/05] There are now more than 5,000 teachers in our primary schools working directly with children Minister for Education and Science (Ms with special needs, including those requiring Hanafin): All recognised primary and post- learning support. This compares to under 1,500 in primary schools are required to offer relation- 1998. One out of every five primary school ships and sexuality education, RSE. It is an integ- teachers is now working specifically with children ral part of the social, personal and health edu- with special needs, including dyslexia. cation, SPHE, curriculum at primary level and Where the condition of a pupil with dyslexia is junior cycle post-primary level. of a more serious nature, provision can be made In addition, all second level schools are in one of the four special schools or 23 special required to have an agreed school policy and a classes attached to ordinary primary schools and suitable relationships and sexuality education dedicated to the needs of children with dyslexia. programme in place for senior cycle pupils. All special schools and special classes for such An integrated SPHE programme at senior children operate at a reduced pupil-teacher ratio cycle incorporating RSE is being developed by of 9:1. the National Council for Curriculum and The National Council for Special Education, NCSE, which became operational on 1 January Assessment. 2005, now processes applications for special edu- cational needs, SEN, supports. The council has a Special Educational Needs. key role in the development and delivery of 74. Mr. Hogan asked the Minister for Edu- services for persons with special educational cation and Science the average incidence of dys- needs. It will have a research and advisory role lexia amongst primary school-going children; the and will establish expert groups to consider spec- ific areas of special needs provision. It will also number receiving assistance at primary level for establish a consultative forum to facilitate inputs dyslexia; and if she will make a statement on the from the education partners and other interested matter. [27540/05] parties. The council has a local area presence through a network of over 70 special educational Minister for Education and Science (Ms needs organisers, SENOs. Hanafin): Estimates of the incidence of dyslexia On the legislative front, the Oireachtas has usually range from 1% to 4%, depending on the approved the Education for Persons with Special definition adopted. Needs Act 2004. This act sets out the rights and Precise information on the number of primary entitlements of persons with special educational school children with dyslexia is not currently needs, including dyslexia, to an appropriate edu- available. I wish to advise the Deputy that the cation service and provides the necessary frame- provision of resources to address the learning work for effective service delivery. difficulties of children with low levels of achieve- My Department also provides funding to ment in reading has been given a very high schools for the purchase of specialised equipment priority by my Department. As the Deputy is such as computers to assist children with special aware, my Department announced the new educational needs, including children with dys- general allocation system of resource teaching lexia, with their education where such equipment last May with a view to it being implemented in is recommended by relevant professionals. all primary schools with effect from the start of Schools can apply to the local SENO directly for the current school year. The general allocation this support. scheme is designed to ensure that each school has Training is available through the 21 teacher enough resource teaching hours to meet the education centres nationally for teachers using needs of children with high incidence special ICT and assistive technologies to support pupils needs, such as dyslexia and children with learning with special educational needs, including those support needs. with dyslexia. 519 Questions— 11 October 2005. Written Answers 520

[Ms Hanafin.] to do all that we can to keep our children and In September 2003, my Department estab- vulnerable adults safe. lished the Special Education Support Service, My colleague, the Minister with responsibility SESS, to manage, co-ordinate and develop a for children, Deputy Brian Lenihan, announced a range of supports in response to identified train- doubling of the number of staff employed in the ing needs. The SESS, which is hosted in Cork unit to ensure that they can handle a greater vol- Education Centre, provides a nationwide service ume of requests from employers. The unit will to teachers and special needs assistants. As part commence the augmentation of its existing vet- of its response to the growing demand from ting arrangements upon decentralisation targeted teachers for support and training, the SESS is cur- for mid-November this year. rently developing teams of trainers to deliver The provision of additional staff resources will training in four specific areas — autism, challeng- enable the Garda Sı´ocha´na’s vetting services to ing behaviour, dyslexia and inclusion. This train- be extended to all persons working with children ing will be delivered locally through the edu- and vulnerable adults. This will include teachers, cation centre network. caretakers and others working with children. My Department is continuing to prioritise the In the education sector, vetting is currently development of the network of special edu- available in respect of requests for clearance from cational provision for children with special edu- my Department in relation to bus escorts and cational needs, including children with dyslexia, special needs assistants provided to children with and the steps taken in recent years and those cur- special educational needs, and to staff working in rently in hand represent significant progress in children’s detention schools. the development of those services. It is worth pointing out that, irrespective of whatever additional arrangements may be intro- Third Level Fees. duced in this area in the future, criminal record checks, while being capable in appropriate cir- 75. Mr. Howlin asked the Minister for Edu- cumstances of making a significant contribution cation and Science if she will consider extending to ensuring that unsuitable persons do not secure free third level fees to part-time students who positions of trust, are not the sole answer to have not had the opportunity to proceed to third ensuring applicants’ suitability for posts. level directly from post-primary school; and if she There will continue to be a particular onus of will make a statement on the matter. [27655/05] care on employers to maintain good employment practice both during the recruitment stage, for Minister for Education and Science (Ms example, good interviewing practice and checking Hanafin): I have no plans for extending the free references, and in ensuring adequate supervision tuition fees schemes to include part-time arrangements post-recruitment. students. In relation to a register of persons unsafe to Section 473A, Taxes Consolidation Act 1997 work with children, the Deputy will be aware that provides for tax relief on tuition fees, at the stan- the Working Group on Garda Vetting included in dard rate in respect of approved courses at its report a recommendation that my Department approved colleges of higher education including and the Department of Health and Children certain approved undergraduate and postgradu- could give consideration to the development of ate courses in EU and non-EU member states. non-Garda, employment-related vetting registers The maximum level of qualifying fee for tax relief to provide information on those previously dis- purposes in respect of the academic year 2005-06 missed, suspended, moved or made redundant is \5,000. Further details and application forms, from posts for harming children or vulnerable IT 31 form, to claim tax relief on tuition fees are adults in the health and education sectors. An available from the Revenue Commissioners. implementation group has been established by the Minister for Justice, Equality and Law Garda Vetting. Reform to ensure the delivery of the working group’s recommendations and discussions 76. Mr. Connaughton asked the Minister for between my Department and the Department of Education and Science when the legislation to Health and Children are ongoing in that context. establish a register of persons considered unsafe Although considerable preparatory work examin- to work with children will be published; and if she ing the issues relating to a pre-employment con- will make a statement on the matter. [27569/05] sultancy service, similar to that in Northern Ireland, has been undertaken by my Department, Minister for Education and Science (Ms these discussions remain at an early stage. In Hanafin): Ensuring the protection, health and addition, my Department will be convening meet- welfare of children is a key concern for the ings with the education partners in order to Government, parents, agencies that work with explore all the issues involved. children and society generally and I can assure The Teaching Council also has a role here. the Deputy that the Government is determined Once it is formally established, the council will 521 Questions— 11 October 2005. Written Answers 522 provide the teaching profession, both primary assistive technology services and the provision of and post-primary, with the means to regulate additional support staff such as personal assist- itself and its functions will include maintaining a ants, sign-language interpreters or note takers as register of teachers and, if necessary, removing required. These services are resourced through the names of those shown to be unfit to teach, the annual allocation of funding for the institutes, including those unfit to teach by reason of the and by a further \2.4 million allocated through fact that they pose a threat to children. the fund for students with disabilities. Survey data submitted to the Department of Schools Building Projects. Education and Science indicates that the partici- pation rate for students with a disability in the 77. Mr. Timmins asked the Minister for Edu- institute of technology sector has grown from cation and Science her plans for the site pur- 1.5% to 2.7% over the last seven years and is now chased for the development of a building for the well ahead of the 1.8% target set for 2006 by the gaelscoil in Wicklow town; her further plans to action group on access. I am aware from dis- develop a school building; and if she will make a cussions with the directors of the institutes there statement on the matter. [27609/05] is a sector-wide focus on specifically identifying, and addressing, the needs of students with dis- Minister for Education and Science (Ms abilities. Hanafin): The Department of Education and Science originally planned to provide an eight Computerisation Programme. classroom school in Wicklow town for the gael- scoil in question. A site to accommodate this was 79. Mr. G. Murphy asked the Minister for Edu- subsequently purchased and the building project cation and Science if a new schools information was allowed to progress into architectural plan- technology programme has been put in place; and ning. However, due to changing demographics, if she will make a statement on the matter. enrolments in the school increased to a level [27543/05] where it is now considered that a 16 classroom school is warranted. The existing site cannot be Minister for Education and Science (Ms developed to cater for this need. The Department Hanafin): The major focus for the Department of of Education and Science is, therefore, actively Education and Science is the roll-out of broad- seeking an alternative site. band connectivity to all recognised schools. This When this has been acquired, progress on the project is being undertaken in partnership with project will be considered in the school building industry, following the establishment of a three and modernisation programme. In the meantime, year \18 million joint Government — IBEC-TIF, high quality temporary accommodation has been Telecommunications and Internet Federation made available to improve conditions at the Fund to fund local connectivity at school level. school. A review of the overall educational needs The broadband connectivity is being provided via at both primary and post-primary level in Wick- a schools national broadband network supported low town is being carried out and use of the exist- by HEAnet, which will provide managed Internet ing site will be considered in this context. access, e-mail, security controls and content fil- tering. A broadband support service is being pro- vided by the National Centre for Technology in Institutes of Technology. Education to assist schools with advice and infor- 78. Mr. Quinn asked the Minister for Edu- mation relating to the roll-out and ongoing use of cation and Science if her attention has been their broadband connectivity within the schools drawn to research carried out for the Association network. of Higher Education Access and Disability which The roll-out process is under way and is found that there are insufficient support staff for expected to be completed by March 2006. The students with disabilities who attend institutes of overall costs of the schools broadband access technology; if she will provide more resources for programme, comprising the local connectivity at this sector; and if she will make a statement on school level, the schools national broadband net- the matter. [27666/05] work and the support service, including the initial set-up and ongoing costs over the next three years Minister for Education and Science (Ms are estimated at some \30 million. The provision Hanafin): I am aware of the research carried out of always-on high speed Internet access for recog- for the Association of Higher Education Access nised schools presents a major development in and Disability. There is a range of support the ICT in schools initiative to integrate tech- services for students with a disability in the nology into teaching and learning in our schools institute of technology sector. These include dedi- and to ensure that the ICT skills of our young cated access or disability personnel; learning sup- people are developed to their full potential. port services, including needs assessment and The roll-out of broadband connectivity builds support for students with learning difficulties; on the recent investment of some \20 million by 523 Questions— 11 October 2005. Written Answers 524

[Ms Hanafin.] contribution to ensuring that unsuitable persons the Department of Education and Science in pro- do not secure positions of trust, are not the sole viding grants to schools for the development of answer to ensuring applicants’ suitability for computer networking facilities. The development posts. There will continue to be a particular onus of internal networking facilities in schools is criti- of care on employers to maintain good employ- cal to supporting schools’ full exploitation of the ment practice both during the recruitment stage, potential offered by broadband connectivity. for example good interviewing practice, checking There has been significant progress in the of references, and in ensuring adequate super- development of ICT infrastructure in schools, in vision arrangements post-recruitment. enhancing teachers skills and pedagogical prac- The working group on Garda vetting has tice and in the development of curriculum and recommended the Protection of Persons learning resources, since the introduction of the Reporting Child Abuse Act 1998 be amended so ICT in schools initiative in 1998. The National as to offer protection for persons reporting the Centre for Technology in Education is under- abuse of vulnerable adults, such as those with cer- taking a further census of ICT infrastructure and tain mental and physical disabilities, and not just the Department of Education and Science’s the abuse of children. It was also recommended inspectorate is embarking on an evaluation of the that the Sex Offenders Act 2001 should be impact of ICT in teaching and learning in schools. amended to require a convicted sex offender to These developments will inform future policy inform a prospective employer of his or her con- directions for the ICT in schools initiative. viction when applying for a position involving unsupervised access to the physically disabled Proposed Legislation. and not just children or the mentally impaired. These proposals are being considered within the 80. Mr. Deasy asked the Minister for Education Department of Justice, Equality and Law and Science if amendments to the Protection of Reform. Persons Reporting Child Abuse Act 1998 and the Sex Offenders Act 2001 will be forthcoming dur- ing the remainder of the term of this Govern- Standardised Testing. ment; and if she will make a statement on the 81. Mr. Penrose asked the Minister for Edu- matter. [27583/05] cation and Science if she has finalised her pro- posal to introduce standardised testing of all Minister for Education and Science (Ms seven and 11 year olds; the timescale for their Hanafin): Ensuring the protection, health and introduction; and if she will make a statement on welfare of children is a key concern for the the matter. [27665/05] Government, for parents, for agencies that work with children and for society generally. The Minister for Education and Science (Ms Government is determined to do all that it can to Hanafin): The introduction of standardised test- keep our children and vulnerable adults safe. The ing on a systematic basis has great potential to Minister of State at the Department of Education improve the quality of teaching and learning in and Science, Deputy Brian Lenihan, has schools. I welcome the advice of the National announced a doubling of the number of staff Council for Curriculum and Assessment, NCCA, employed in the unit to ensure that they can that all pupils should take standardised tests in handle a greater volume of requests from literacy and numeracy at the end of first class or employers. The unit will commence the aug- the beginning of second class, and at the end of mentation of its existing vetting arrangements fourth class or the beginning of fifth class. upon decentralisation targeted for mid-Nov- Important groundwork remains to be done ember 2005. The provision of additional staff before an implementation date can be set. I have resources will enable the Garda Sı´ocha´na’s vet- asked the NCCA to continue its development ting services to be extended to all persons work- work in the production of guidelines and exemp- ing with children and vulnerable adults. This will lars for teachers for assessment, national include teachers, caretakers and others working reporting procedures, and a national policy on with children. the transfer of information to post-primary In the education sector, vetting is available in schools. respect of requests for clearance from the The Department of Education and Science is Department of Education and Science for bus exploring potential implementation models, in escorts and special needs assistants provided to advance of entering into discussions with the edu- children with special educational needs, and to cation partners in the matter. My intention is that staff working in children’s detention schools. we will proceed carefully to ensure the recom- Irrespective of whatever additional arrangements mendations proposed by the NCCA are may be introduced in this area in the future, implemented in a way has positive benefits for criminal record checks, while being capable in children, parents, teachers and the system as a appropriate circumstances of making a significant whole. This is one of a range of developments 525 Questions— 11 October 2005. Written Answers 526 which need to take place to enhance the role of Minister for Education and Science (Ms assessment in the overall process of teaching Hanafin): The most recent figures available in the and learning. Department of Education and Science refer to the 2004-05 school year, and indicate that, of the 1,357 teachers appointed for the first time as per- School Transport. manent or temporary qualified teachers at 82. Ms O’Sullivan asked the Minister for Edu- primary level, 144 were male. The relatively low cation and Science if she will set up a commission levels of men in the primary teaching force, a fea- to review catchment boundaries for school trans- ture common to all OECD countries, is an issue port in view of the huge demographic changes that is of concern to me. It is important to attract that have taken place since these boundaries were more men into teaching for a number of reasons, put in place in the 1960s; and if she will make a not least of which is the positive role models that statement on the matter. [27648/05] teachers provide in children’s lives and the desir- ability of having both male and female role mod- Minister for Education and Science (Ms els in our schools. Hanafin): Catchment boundaries have their One way to address this issue is to undertake a origins in the establishment of free post-primary promotional campaign to encourage more boys into teaching. Plans for this campaign are being education in the late 1960s and were determined considered in the Department of Education and following consultation with local educational Science. interests. For planning purposes the country was divided into geographic districts each with several primary schools feeding into a post-primary Departmental Investigations. centre with one or more post-primary schools. 84. Dr. Twomey asked the Minister for Edu- The intention was and continues to be that these cation and Science the timescale of the recent defined districts facilitate the orderly planning of report on the Marino Institute; if matters prior to school provision and accommodation needs. 2002 were considered in drawing up this report; While I do not believe a general countrywide and if she will make a statement on the review of catchment boundaries is necessary, matter. [27536/05] reviews of specific catchment boundaries may be carried out where appropriate. Several reviews Minister for Education and Science (Ms have been carried out over the years where, for Hanafin): Following allegations of financial example, a new post-primary school is established impropriety at Marino Institute of Education, I in an area where previously there was none or, asked the accountancy firm, Pricewaterhouse- conversely, where a “sole provider” school closes Coopers, to examine the use of moneys paid by due to declining enrolment. the Department of Education and Science to the The area development planning initiative, institute. The main findings of the review, pub- involving an extensive consultative process car- lished in early August, revealed there has been ried out by the Commission on School Accommo- no misuse of the public moneys paid by the dation, will also inform future revisions to catch- Department of Education and Science to the ment areas. An area development plan takes institute. account of demographic changes and projects Although the Department of Education and future enrolments for existing schools and new Science did not have any concerns regarding the schools if required. Catchment boundary changes use of funding provided for the purpose of train- ing teachers, it was, nevertheless, important in will be made where the implementation of the view of the level of public and media interest in recommendations in an area development plan this matter, to demonstrate clearly that public requires such adjustments. Catchment boundaries funding was properly applied for teacher training. have provided and continue to provide a very I am happy the findings of the examination con- useful tool in facilitating the orderly planning of firm this position. The review covered the begin- school provision and accommodation needs and ning of the academic year 2001-02 to the date it the operation of the national school transport was commissioned, 9 May 2005. This was the service. period that related to the unproven allegations of financial irregularity. I am assured by Price- School Staffing. waterhouseCoopers the years leading up to 2001- 02, although not covered directly in the terms of 83. Mr. Bruton asked the Minister for Edu- reference for the review, were considered by cation and Science the number of males entering them in compiling its report and informed the primary level teaching for the most recent year findings of the review. for which statistics are available; the total number The Department of Education and Science entering primary level teaching; and if she will cannot and should not give open-ended terms of make a statement on the matter. [27574/05] reference. The question of materiality and costs 527 Questions— 11 October 2005. Written Answers 528

[Ms Hanafin.] resources; equity, teaching and learning; curricu- must also be considered when commissioning lum and assessment; promotion of science; tran- such reviews and setting terms of reference. sition and integration into third level. The These factors, together with the nature of the Department of Education and Science continues allegations being made about funding provided to to progress the recommendations of the task the institute, informed the decision regarding the force as resources permit in collaboration and period to be covered in the review. consultation with the Department of Enterprise, Trade and Employment, Forfa´s and industry. Schools Refurbishment. Significant progress has been made in a range of areas pertaining to the Department of Edu- 85. Mr. Naughten asked the Minister for Edu- cation and Science. For example, a new science cation and Science her plans to upgrade science curriculum has been introduced at primary level facilities in second level schools; and if she will supported by a resource grant in December 2004 make a statement on the matter. [27315/05] of \1,000 per school plus \10 per pupil; a revised syllabi in junior certificate science and in leaving Minister for Education and Science (Ms certificate physics, chemistry and biology have Hanafin): Capital funding is being provided been introduced. Work on the revision of the two under the school building and modernisation remaining leaving certificate subjects, agricultural programme 2005-2009 for the refurbishment of science and physics and chemistry combined is science laboratories undertaken as part of an well advanced. The introduction of the revised overall refurbishment programme of second level syllabi has been supported by comprehensive in- schools, for the upgrading of science facilities service programmes for teachers. A review of exclusively or by provision of new facilities in the grading of subjects in the leaving certificate and case of newly built or extended schools. initial reports on teacher training have been Additionally, I have provided for class materials, undertaken. A review of mathematics at post- basic general equipment and chemicals for practi- primary level is being undertaken by the National cal work for the sciences. Council for Curriculum and Assessment. Invest- The Department of Education and Science ment in the programme of research in third level spent in excess of \13 million in 2004 to facilitate institutes is continuing apace to enhance and pro- the introduction of a revised junior science sylla- mote world class standards in research, inno- bus. Schools received a basic grant of \3,500 per vation and development. Between this prog- science laboratory to enable them to provide the ramme and the various grants to the research new curriculum. Additional funding was made councils, and other sources, an estimated \101.5 available to schools where other specified equip- million will be invested in third level institutions ment was required. In addition, certain schools in 2005. identified as needing new or refurbished science Under the discover science and engineering laboratories as a result of a 1998 national survey programme, operated under the aegis of Forfa´s received funding. Funding is also available this with the collaboration of the education sector, year to schools that have yet to apply for the basic was launched in October 2003 to bring together grant of \3,500 per science laboratory and for existing science awareness activities in a unified other specified equipment to enable them to strategy. I made a provision of \750,000 towards provide the new curriculum. Schools have also the cost of the BA Festival of Science, one of the received funding under the summer works world’s leading science events, hosted by Trinity scheme in 2004 and 2005 to refurbish science lab- College Dublin this year. oratories. Funding will be made available under the 2006 summer works scheme for science and Student Support Schemes. technology upgrades. In the application for funding, post-primary 86. Mr. Perry asked the Minister for Education schools have been asked to specifically identify and Science if a network of regional access and provide details of any science and technology officers will be put in place, designed to encour- upgrade or refurbishment projects separate from age and support students with disabilities to con- any other projects being applied for so that con- tinue in education and progress to third level; and sideration can be given to approving these pro- if she will make a statement on the matter. jects for 2006. The closing date for receipt of [27582/05] applications is 14 October 2005. Following the report of the Oireachtas Com- Minister for Education and Science (Ms mittee on Education and Science, the then Mini- Hanafin): Several networks of access and dis- ster for Education and Science established a task ability personnel already exist in the third level force on the physical sciences to address the sector, such as the access made accessible net- declining uptake of the physical sciences. The work of all third level access officers and the dis- task force reported in March 2002. The report ability advisers working network of disability identified six action areas, including planning and officers in the sector. The National Office for 529 Questions— 11 October 2005. Written Answers 530

Equity of Access to Higher Education has high- Minister for Education and Science (Ms lighted in its action plan of December 2004 the Hanafin): Boards of management are recognised need for enhanced systems of collaboration at all under section 14 of the Education Act 1998. They levels of the education system and between the also operate in accordance with the constitution education and community sector. An evaluation of boards and rules of procedure, issued by the of access programmes in third level institutions Department of Education and Science to assist being conducted by the office will include the boards in the effective governance of schools. making of recommendations about the develop- In 2002-03, the Department reviewed the pro- ment of systems of partnership and collaboration cess whereby it supported a range of in-service towards ensuring improved access and partici- activities, including board of management train- pation for under-represented groups of students, ing, for schools at primary and post-primary lev- including students with a disability. els. Previously, limited financial support was pro- vided to a range of course providers-organisers OECD Report. for elective programmes of in-service, to the extent that resources permitted and having 87. Mr. Costello asked the Minister for Edu- regard to other commitments and priorities such cation and Science her response to the finding of as curricular reform and special needs. However, the OECD that spending on education here has this approach was regarded as too fragmented. been falling as a percentage of GDP and is well To rationalise the process and to make better below the OECD average; and if she will make a use of available resources, groups and bodies statement on the matter. [27653/05] were advised to contact their local education centre whose role, among other things, is to Minister for Education and Science (Ms provide local in-service and support and to Hanafin): The recent OECD report examines provide advice and assistance to schools and their changes in expenditure since the mid-1990s. It personnel in these matters. shows that public expenditure on education, here, The Department of Education and Science has increased substantially between 1995 and funds a national network of 21 full-time and nine 2002 at all levels even when allowing for inflation. part-time education centres to deliver in-service For example the same OECD report shows that support for schools and their personnel. The edu- total spending increased by 56% here compared cation centres provide board of management to 28% on average across the OECD. Between training courses to schools within their catchment 1997 and 2005, the overall budget for education area, usually in conjunction with other bodies and has more than doubled, from \3.2 billion in 1997, \ groups. To ensure consistency of provision, the to 7.1 billion in 2005. At the same time, there Department of Education and Science liaises with was a dramatic and unprecedented increase in appropriate bodies at central level. The teacher national output, especially as measured by GDP. education section of the Department of Edu- As repatriated corporate profits of foreign multi- cation and Science established a new mechanism nationals accounts for a significant proportion of for providing support to such bodies in 2005 on a GDP, it is not a good measure of the amount of pilot basis. This mechanism enables school man- money available to the Government for invest- agement bodies to apply for direct support in ment in public services. However, public expendi- addition to the existing support provided by the ture on education has increased substantially in education centre network. This will remain in absolute terms in recent years. place pending a review of the process. The teacher education section is prepared to consider Question No. 88 answered with Question proposals and to provide support to management No. 49. bodies following consultation and consideration Question No. 89 answered with Question of submissions. No. 36. Science Education. Question No. 90 answered with Question No. 8. 92. Mr. Neville asked the Minister for Edu- cation and Science the number of recommend- ations of the task force on the physical sciences School Management. which remain to be implemented; and if she will 91. Mr. Broughan asked the Minister for Edu- make a statement on the matter. [27584/05] cation and Science if her attention has been drawn to the burden of responsibility and time Minister for Education and Science (Ms taken on by members of boards of management Hanafin): There were some 39 recommendations of schools, particularly their chairpersons and in the report of the task force on the physical treasurers; if she will provide more training and sciences, with costed proposals totalling \244 mil- support for those persons; and if she will make a lion extra, of which \66.3 million would be a statement on the matter. [27647/05] recurring annual cost. Progress has been made on 531 Questions— 11 October 2005. Written Answers 532

[Ms Hanafin.] nal sources of funding. However, in determining 25 of them. The Department of Education and the income which it is appropriate for institutions Science continues to progress the recommend- to retain, account must be taken of Exchequer ations of the task force on the physical sciences expenditure which has facilitated the generation as resources permit in collaboration and consul- of such income. tation with the Department of Enterprise, Trade and Employment, Forfa´s and industry. Multi-Denominational Schools. Significant progress has been made in a range of areas pertaining to the Department of Edu- 97. Mr. Connaughton asked the Minister for cation and Science. For example a new science Education and Science if funding will be made curriculum has been introduced at primary level available to Educate Together to allow them to supported by a resource grant in December 2004 continue building a network of multi-denomi- of \1,000 per school plus \10 per pupil; a revised national schools throughout the State; and if she syllabi in junior certificate science and in leaving will make a statement on the matter. [27550/05] certificate physics, chemistry and biology have been introduced. Work on the revision of the two 406. Mr. Quinn asked the Minister for Edu- remaining leaving certificate subjects, agricultural cation and Science if she will allocate core fund- science and physics and chemistry combined is ing to Educate Together to allow it to continue its well advanced. The introduction of the revised essential work in developing and managing multi- syllabi has been supported by comprehensive in- denominational schools; and if she will make a service programmes for teachers. A review of statement on the matter. [27390/05] grading of subjects in the leaving certificate and initial reports on teacher training have been 448. Ms O’Sullivan asked the Minister for Edu- undertaken. A review of mathematics at post- cation and Science if she will increase the core primary level is being undertaken by the National funding for Educate Together to reflect the Council for Curriculum and Assessment. Invest- growth in the work carried out by the organis- ment in the programme of research in third level ation in developing and managing multi-denomi- institutes is continuing apace to enhance and pro- national schools on behalf of the State; and if she mote world class standards in research, inno- will make a statement on the matter. [27815/05] vation and development. Between this prog- ramme and the various grants to the research Minister for Education and Science (Ms councils, and other sources, an estimated \101.5 Hanafin): I propose to take Questions Nos. 97, million will be invested in third level institutions 406 and 448 together. in 2005. The level of funding that the Department of Education and Science provides to Educate Question No. 93 answered with Question Together as a school management body is on a No. 69. par with that provided to Foras Patru´ nachta na Gaelscoileanna, the Church of Ireland Board of Question No. 94 answered with Question Education, the Islamic Board of Education and No. 62. the National Association of Boards of Manage- ment in Special Education. However, following Question No. 95 answered with Question discussions with Educate Together, the Depart- No. 18. ment of Education and Science has provided additional funding to Educate Together in 2005 Research Funding. to meet the immediate issues of concern to that body. The matter of the future funding to be pro- 96. Ms O. Mitchell asked the Minister for Edu- vided to the primary management bodies, includ- cation and Science if she will ensure that all ing Educate Together, in 2006 will be considered colleges in the third level sector are assured that as part of the normal Estimates process. any private fund-raising that they engage in will The Department of Education and Science has not result in their direct funding from the supported the establishment of many new Edu- Exchequer being cut; and if she will make a state- cate Together schools in recent years. Of the 24 ment on the matter. [27573/05] new schools granted provisional recognition in the past three years, 12 of them are under Edu- Minister for Education and Science (Ms cate Together patronage, 11 of which are open. Hanafin): I accept as a matter of principle that The Department of Education and Science has income generated by higher education insti- made several changes in recent years which have tutions from external sources should not be sub- made the provision of accommodation for new ject to off-setting in the allocation of Exchequer schools much easier. One of these changes, funding. This is in a context where the OECD strongly welcomed by Educate Together, was the review of Irish higher education recommended abolition of the local contribution to the building institutions should be incentivised to seek exter- costs for State-owned school buildings, which had 533 Questions— 11 October 2005. Written Answers 534 cost up to \63,500 per school. Other innovations behaviour in schools, has provided a national include the development of the design and build framework within which individual school man- model to provide permanent accommodation agement authorities may meet their responsibil- much faster, such as in the case of the new Edu- ities for implementing effective school-based poli- cate Together school in Griffeen Valley, Lucan, cies to counter bullying. These guidelines were which was designed and built in under 13 months. drawn up following consultation with representa- tives of school management, teachers and parents, and are sufficiently flexible to allow each Bullying in Schools. school authority to adapt them to suit the part- 98. Ms Shortall asked the Minister for Edu- icular needs of the school. cation and Science if she will introduce main- Each school is required to have in place a stream anti-bullying programmes into schools in policy which includes specific measures to deal view of the success of pilot programmes in certain with bullying behaviour, within the framework of areas and the growing concern at the prevalence an overall school code of behaviour and dis- of bullying in schools here; and if she will make cipline. Such a code, properly devised and a statement on the matter. [27676/05] implemented, can be the most influential measure in countering bullying behaviour in schools. The Minister for Education and Science (Ms school development planning initiative plays an Hanafin): The social, personal and health edu- important role in supporting schools to raise cation programme and the school development awareness of the need for anti-bullying measures. planning initiative are two important mainstream national programmes of support for schools. Both Schools Evaluation. play a central role in assisting schools in a co- ordinated and cohesive manner to deal with the 99. Mr. Broughan asked the Minister for Edu- problem of bullying. In recent years, several pilot cation and Science her plans on the publication of programmes have also addressed this issue. Pilot information on the performance of schools; and if programmes are utilised as a means of informing she will make a statement on the matter. possible new initiatives or how best existing pro- [27646/05] vision may be improved upon. The function of pilot programmes is to test and evaluate different Minister for Education and Science (Ms ideas and approaches to aid and enhance existing Hanafin): Recently I announced that reports aris- provision. Pilot programmes, when completed, ing from the inspection of schools and centres for are evaluated for programme content, effective- education will be published. I have instructed the ness and appropriateness and the recommend- inspectorate of the Department of Education and ations and findings are considered in developing Science to consult the education partners on how existing programmes and structures which are best this should be done. The ongoing consul- designed to meet the needs of schools at local tation process began last month. I await the out- level. come of the consultations. The issue of bullying in schools and the Depart- ment of Education and Science has in place a Irish Language. multifaceted strategy to tackle the issue. The edu- cation of students in both primary and post- 100. Mr. G. Mitchell asked the Minister for primary schools on anti-bullying behaviour is a Education and Science the number of hours being central part of the social, personal and health spent on Irish language education at primary and education curriculum. It is now a compulsory sub- secondary level; and if she will make a statement ject both at primary level and in the junior cycle on the matter. [27561/05] of post-primary schools. The social, personal and health education curriculum provides for the Minister for Education and Science (Ms development of personal and social skills includ- Hanafin): At primary level, the recommended ing self-awareness, respect for others, self-esteem minimum time, excluding discretionary curricu- and communication skills, all of which are lum time for Irish as a second language is 3.5 important elements in addressing the issue of hours per week or 2.5 hours per week where a bullying. short day is provided for the infant classes. At In primary education, the issue of bullying is second level, the syllabi for senior cycle are addressed in the social, personal and health edu- designed around a recommended instruction time cation curriculum in the strand, Myself and of 180 hours and those for the junior cycle 240 to Others, from infant classes onwards. In second 270 hours over the three years of the junior cycle. level education, the issue of bullying is addressed from first year onwards in the social, personal and Garda Vetting Procedures. health education curriculum at junior cycle, in the module, Belonging and Integrating. The Depart- 101. Mr. Rabbitte asked the Minister for Edu- ment, in its guidelines on countering bullying cation and Science the categories of workers 535 Questions— 11 October 2005. Written Answers 536

[Mr. Rabbitte.] contained in the report are receiving con- within the educational system that are vetted by sideration. the Garda for the risk of child abuse; and if she will make a statement on the matter. [27669/05] Institutes of Technology. Minister for Education and Science (Ms 103. Mr. Kehoe asked the Minister for Edu- Hanafin): In the education sector, vetting is avail- cation and Science the percentage of full-time able in respect of prospective employees of chil- students with a disability attending the institutes dren detention schools as well as special needs of technology; and if she will make a statement assistants and bus escorts to children with special on the matter. [27577/05] needs. Upon the entry into force of the Teaching Council Act 2001, the council will have a regulat- Minister for Education and Science (Ms ory function in respect of the teaching profession. Hanafin): A recent report by the Association of It will be under a statutory obligation to establish Higher Education Access and Disability, and maintain a register of people entitled to teach AHEAD, submitted to the Department of Edu- and will have power to remove the names of cation and Science indicates in the academic year those shown to be unfit to teach, including where 2004-05 students with a disability formed 2.7% — it is considered that a person poses a threat to 1,366 — of full-time undergraduates in the sector. children. This figure compares with a participation rate of 1.5% for the institutes in the last AHEAD survey in 1998. It also exceeds the 2006 target for third School Staffing. level entrants with a disability, set by the action 102. Ms Burton asked the Minister for Edu- group on access 2001, which was 1.8%. This cation and Science the action she will take in growth in participation reflects that improved response to the report on attracting more men systems of support, in particular through the fund into primary teaching; and if she will make a for students with a disability, are encouraging and statement on the matter. [27649/05] supporting students to access and participate in higher education in greater numbers than ever previously. Minister for Education and Science (Ms Hanafin): The report of the primary education Question No. 104 answered with Question committee contains several recommendations No. 36. aimed at increasing the number of males entering primary teaching. The report is being considered by the relevant officials in the Department of Schools Evaluation. Education and Science. The relatively low levels 105. Mr. Coveney asked the Minister for Edu- of men in the primary teaching force, a feature cation and Science if all second level schools common to all OECD countries, is an issue that should produce an annual school report detailing is of concern to me. It is important to attract more their activities under a broad range of headings; men into teaching for a number of reasons, not and if she will make a statement on the least of which is the positive role models that matter. [27539/05] teachers provide in children’s lives and the desir- ability of having both male and female role mod- Minister for Education and Science (Ms els in our schools. Hanafin): There is no requirement for second The primary education committee was estab- level schools to produce such a report. However, lished to examine a range of issues on males the Education Act 1998 requires the board of entering primary teaching, and to make recom- management of a school to establish procedures mendations on short-term and long-term stra- for informing the parents of students in the school tegies to increase the numbers in this regard. The of matters relating to the operation and perform- report draws on the professional insight of the ance of the school. Such procedures may include key experts in this area as well as an examination the publication of a report on the operation and of several relevant research studies. The report’s performance of the school in any school year. The findings will be of significant benefit in assisting methods by which such information is provided the development of future policy in this remains a matter for the board of management. important area. One key recommendation in the For example, it is common practice in many committee’s report is that a co-ordinated pro- schools that an annual report is prepared for the motion campaign, which would encourage boys final meeting of the board of management each as well as girls to enter primary teaching, should year. This normally makes reference to how suc- be undertaken. Officials in the Department of cessfully policies were implemented during the Education and Science will take action to deter- year, highlights particular achievements and mine how such a promotion campaign can be run states priorities for the next school year. Some to maximum effect. All other recommendations schools may send a synopsis of this report to 537 Questions— 11 October 2005. Written Answers 538 parents. The practice of reporting in the above past month, and is preparing draft guidelines for manner to boards of management is encouraged the publication of inspection reports which will by some of the trustee bodies. Reports are nor- be circulated shortly to the education partners. mally sent to the trustee body. There is also a Responses to the draft guidelines will then be growing trend whereby principals give a report sought and a final draft of the proposals will be on the activities of the school in the previous submitted to me in December. school year, as well as indicating planned activi- The publication of school inspection reports ties for the coming school year, to the annual will commence from January 2006 for all inspec- general meeting of the parents’ association at the tions carried out from the start of the calendar beginning of a new school year. Many schools year 2006. While I do not want to pre-empt the send a newsletter to parents at intervals during outcome of the consultation process, the dis- the year or at the end of the school year. Nor- cussions held to date have been fruitful and con- mally, information is included on planned and structive. Each of the partners realises the need achieved school activities. to address the information deficit that exists in I am determined to provide more information, ensuring full public access to balanced infor- for parents in particular, about our schools, in a mation on schools. This is especially important to way that ensures a fair and comprehensive pic- those, who like myself, are opposed to the publi- ture of all the different activities in a school. I cation of league tables and want to find a better am strongly opposed to the publication of crude way. The considered and responsible approach to league tables based solely on examination or test the publication of inspection reports will lead to results. Such tables provide an unbalanced and much greater availability of information on grossly limited indication of a school’s perform- schools without inadvertently pitting schools serv- ance. In contrast to school league tables, school ing entirely different communities against each inspection reports from whole school evaluations other in crude comparisons of academic perform- and other inspections, when read in their entirety, ance alone. Whether intended or not, academic can provide balanced and well-informed infor- league tables would be a likely consequence of mation on schools. publishing exam results in an annual report for The whole school evaluation process involves each school. an examination of all the varied activities of a school from the quality of teaching and learning Question No. 106 answered with Question to the availability of extra-curricular activities No. 55. and the implementation of policies in areas such as bullying, and health and safety. The inspection Question No. 107 answered with Question process also includes consultation with the No. 19. school’s board, parents and staff members, and, at second level, with the school’s students. Whole Industrial Earnings. school evaluation reports can provide valuable 108. Mr. P. McGrath asked the Taoiseach the information on the educational and social oppor- average industrial wage for every fifth year since tunities provided by a school. The comments that 1960; and if he will make a statement on the they contain are also fully sensitive to the context matter. [27595/05] in which the school operates in a way which is not possible with league tables. Given the breadth of Minister of State at the Department of the the contents of such reports, the publication of Taoiseach (Mr. Kitt): Estimates of average gross these and other school inspection reports could earnings for industrial workers in the industrial go a significant way to addressing the real needs sector are only available from 1985 onwards. The of parents, students, teachers and others for industrial sector includes manufacturing indus- better information on schools. The type of infor- tries, mining and quarrying and electricity gas and mation provided in whole school evaluation water. Estimates of average gross earnings for reports will help parents who need accurate and industrial workers in the manufacturing sector balanced information. Whole school evaluation are available from 1953. The industrial workers reports also contain valuable information that category includes operatives, maintenance will be of interest to schools who may wish to workers, storekeepers, packers, cleaners, basic learn from the experience of others. supervisory staff and apprentices. The average I am determined to progress this matter in a gross earnings and hours worked of industrial sensible and responsible way and to ensure the workers in manufacturing industries for each of views of all the education partners are considered every fifth year since 1960 and 2005 quarter 2, the before the publication process is finalised. During latest data available, and the average earnings the summer, a mechanism was put in place and hours worked of industrial workers in all whereby this can take place. The inspectorate of industries for each of every fifth year since 1985 the Department of Education and Science has and 2005 quarter 2, the latest data available, are held 20 meetings with interested parties over the contained in the following table. 539 Questions— 11 October 2005. Written Answers 540

[Mr. Kitt.]

Year Old Series Manufacturing Industries Old Series All Industries

\ per week \ per hour hours per week \ per week \ per hour hours per week

1960 9.52 0.22 44.9 1965 13.56 0.32 43.7 1970 22.13 0.52 42.5 1975 55.70 1.35 41.3 1980 122.16 2.96 41.3 1985 217.70 5.29 41.1 223.28 5.41 41.3 1990 278.21 6.74 41.2 285.90 6.89 41.5 1995 334.89 8.22 40.8 343.72 8.41 40.9 1996 343.34 8.43 40.7 353.85 8.66 40.8

Year New Series Manufacturing Industries New Series All Industries

\ per week \ per hour hours per week \ per week \ per hour hours per week

1996 348.38 8.56 40.7 360.11 8.81 40.9 2000 423.24 10.40 40.7 436.20 10.66 40.9 2005 Q2* 553.07 13.83 40.0 577.31 14.33 40.3

An updated industrial earnings series was intro- ten years. The marriage figures are subject to duced in 2000 with retrospective annual data back revision. to 1996. The data in the table show annual earn- ings according to the former series from 1960 up Year Marriages Births Deaths to and including 1996 and according to the new Registered Registered Registered series for 1996 and 2000. Preliminary data for 2005 quarter 2 have also been included. A revised 1995 15,604 48,530 31,494 weighting system in the new series has given rise 1996 16,174 50,390 31,514 to minor differences between the updated and 1997 15,631 52,311 31,605 former series for the retrospective periods. In the 1998 16,783 53,551 31,352 former series, the weights for the lowest size cate- 1999 18,526 53,354 31,683 gory, ten to 49 persons engaged, also reflected the 2000 19,168 54,239 31,115 employment of units with fewer than ten persons 2001 19,246 57,882 29,812 engaged. The new series explicitly covers units with ten or more persons engaged. 2002 20,556 60,521 29,348 2003 20,302 61,517 28,823 2004 20,619 61,684 28,151 General Register Office. 109. Mr. P. McGrath asked the Taoiseach the number of marriages which were registered here for each of the past ten years. [27525/05] Employment Statistics. 112. Mr. P. McGrath asked the Taoiseach the 110. Mr. P. McGrath asked the Taoiseach the number of employees in full-time and part-time number of births which were registered for each capacity in each of the past ten years. [27528/05] of the past ten years. [27526/05] Minister of State at the Department of the 111. Mr. P. McGrath asked the Taoiseach the Taoiseach (Mr. Kitt): Labour force indicators number of deaths which were registered for each such as employment and unemployment are of the past ten years. [27527/05] measured by the quarterly national household survey from 1998 onwards and prior to that were Minister of State at the Department of the measured by the annual labour force survey. The Taoiseach (Mr. Kitt): I propose to take Questions latest figures available are from March to May Nos. 109 to 111, inclusive, together. 2005. The estimated number of persons in The following table summarises the numbers of employment full-time and part-time from 1995 to marriages, births and deaths registered in the last 2005 is set out in the following table. 541 Questions— 11 October 2005. Written Answers 542

Estimated number of persons aged 15 and over in employ- these negotiations or to predict their outcome at ment (ILO), 1995 to 2005 this point in the process.

Year Full-time Part-time Total Hospitals Building Programme. thousands 114. Mr. P. McGrath asked the Ta´naiste and 1995 1,127.8 153.9 1,281.7 Minister for Health and Children the commit- ments she has made in the completion of phase 1996 1,176.4 152.1 1,328.5 2B of Mullingar General Hospital; the timeframe 1997 1,210.0 169.9 1,379.9 for these works; and if she will make a statement 1998 1,243.8 250.2 1,494.0 on the matter. [27524/05] 1999 1,322.2 266.9 1,589.1 2000 1,390.1 281.4 1,671.5 Ta´naiste and Minister for Health and Children 2001 1,435.4 286.5 1,721.9 (Ms Harney): The Deputy’s question relates to the management and delivery of health and per- 2002 1,471.5 292.3 1,763.8 sonal social services, which are the responsibility 2003 1,488.2 305.2 1,793.4 of the Health Service Executive under the Health 2004 1,525.0 311.1 1,836.1 Act 2004. This includes responsibility for con- 2005 1,597.5 331.7 1,929.2 sidering new capital proposals or progressing Reference period 1995 to 1997: The annual Labour Force Sur- those in the health capital programme. Accord- vey (April each year). ingly, the Department of Health and Children is Reference period 1998 to 2005: The second quarter (March to requesting the parliamentary affairs division of May) each year from the Quarterly National Household the executive to arrange to have this matter inves- Survey. Source: Central Statistics Office. tigated and to have a reply issued directly to the Deputy. The Health Service Executive has made pro- vision to progress this development within the Inter-Country Adoptions. health capital investment framework, 2005 to 113. Mr. Neville asked the Ta´naiste and Mini- 2009. The project has been sanctioned up to ten- ster for Health and Children if a delegation from der stage, which includes completion of detailed the Irish Adoption Board has travelled to Belarus design documentation. It was recently decided to to meet authorities there; and the position fast-track the completion of the fit-out of the regarding adoptions from Belarus. [27440/05] ward accommodation in the shelled-out area. This decision was taken to provide additional Minister of State at the Department of Health capacity more quickly than if the full project pro- and Children (Mr. B. Lenihan): In October 2004, ceeded as a single construction contract. The the Belorussian Government suspended all inter- design team is preparing detailed drawings with country adoption from Belarus pending a full the intention of going to tender in March 2006. A review of the adoption laws, procedures and prac- prior indicative notice is to be lodged in the tices that apply in inter-country adoption cases. Official Journal of the European Union by mid- A delegation from the adoption board met the October. Staff on site are to be fully consulted Belorussian authorities on 8 September 2005, the as part of the detailed design process. Planning primary purpose of which was to address the issue permission is to be sought by the beginning of of the outstanding 18 cases which have been with November, and the target completion date for the the Belorussian authorities since before the clos- fit-out of the shelled area is early 2007. On com- ure. The Irish delegation also indicated it wanted pletion, the fit-out of the shelled accommodation to discuss future humanitarian co-operation on is intended to provide an additional 43 beds, mainly medical and surgical beds. adoption. The Belorussian authorities expressed their satisfaction that a delegation had travelled The design work on the second stage of the to Belarus. This was the first such delegation to project will continue in parallel with the fit-out be received in Belarus since the closure. While and equipping of the shelled accommodation pro- the Belorussian adoption authorities declined to ject. The second stage will include the provision of the following new facilities including a pathol- discuss individual cases, they indicated that if and ogy department, an operating department, a when an agreement is reached and adoptions re- medicine for the elderly-rehabilitation unit, an commence, priority would be given to applicants acute psychiatric unit, a child and adolescent who have a named child. psychiatric unit, an occupational therapy depart- The Belorussian authorities presented a draft ment, administrative accommodation, staff protocol to the Irish delegation which has been accommodation, education facilities, catering translated and is with the Office of the Attorney facilities and a new entrance concourse. General for its consideration. Negotiations on The completion of the second stage of the pro- this protocol will commence as soon as possible. ject is intended to provide a further 16 additional However, it is not possible to put a timeframe on 543 Questions— 11 October 2005. Written Answers 544

[Ms Harney.] 117. Mr. J. Higgins asked the Ta´naiste and beds, mainly for day cases, as well as accommo- Minister for Health and Children if, in view of the dating the transfer of 50 rehabilitation and acute briefing note on funding to voluntary dedicated psychiatric beds from facilities located outside the frontline service responses to violence against hospital. In all, there will be 109 additional beds women, in which frontline services described on the hospital campus following the completion their current level of funding as severely inad- of the overall development. It has been estimated equate to meet the current needs of women and by the Health Service Executive that additional their children, she will sanction a funding increase revenue funding of the order of \10 million, of at least \7 million to meet the running costs of excluding inflation, will be required on an annual these services. [27590/05] basis to run the shelled-out area when it is fully fitted-out. This estimate reflects a combination of Minister of State at the Department of Health the additional pay and non-pay costs required. and Children (Mr. S. Power): The Deputy’s ques- Given the significant level of additional annual tion relates to the management and delivery of revenue costs associated with the project, I health and personal social services, which are the recently decided that an independent review of responsibility of the Health Service Executive the estimate is necessary to ensure that the esti- under the Health Act 2004. Accordingly, the mate and staff profile represent best value for Department of Health and Children has money. This review is due to be completed prior requested the parliamentary affairs division of to the finalisation of the tender documentation, the executive to arrange to have this matter inves- and it is not anticipated that it will delay the tigated and to have a reply issued directly to the project. Deputy.

Health Services. 118. Mr. Kehoe asked the Ta´naiste and Mini- ster for Health and Children if her attention has 115. Mr. J. Higgins asked the Ta´naiste and been drawn to the need to increase funding for Minister for Health and Children if she will make organisations involved in the issue of violence emergency funding available to address the against women; her plans to increase the funding \400,000 shortfall in funding facing the Rape available for such groups in the budget for 2006; Crisis Centre. [27588/05] and if she will make a statement on the matter. [27921/05] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Minister of State at the Department of Health tion relates to the management and delivery of and Children (Mr. S. Power): The Deputy’s ques- health and personal social services, which are the tion relates to the management and delivery of responsibility of the Health Service Executive health and personal social services, which are the under the Health Act 2004. Accordingly, the responsibility of the Health Service Executive Department of Health and Children has under the Health Act 2004. Accordingly, my requested the parliamentary affairs division of Department has requested the parliamentary the executive to arrange to have this matter inves- affairs division of the HSE to arrange to have this tigated and to have a reply issued directly to the matter investigated and to have a reply issued Deputy. directly to the Deputy.

116. Mr. J. Higgins asked the Ta´naiste and 119. Mr. Hayes asked the Ta´naiste and Mini- Minister for Health and Children if she will ster for Health and Children the position regard- increase funding to frontline services dealing with ing the funding issue for a refuge (details violence against women as their core operational supplied) in County Tipperary. [27934/05] funding remained fixed at the 2003 level of \12 million. [27589/05] Minister of State at the Department of Health and Children (Mr. S. Power): The Deputy’s ques- Minister of State at the Department of Health tion relates to the management and delivery of and Children (Mr. S. Power): The Deputy’s ques- health and personal social services, which are the tion relates to the management and delivery of responsibility of the Health Service Executive health and personal social services, which are the under the Health Act 2004. Accordingly, my responsibility of the Health Service Executive Department has requested the parliamentary under the Health Act 2004. Accordingly, the affairs division of the HSE to arrange to have this Department of Health and Children has matter investigated and to have a reply issued requested the parliamentary affairs division of directly to the Deputy. The responsibility for the the executive to arrange to have this matter inves- provision of refuges lies with the Department of tigated and to have a reply issued directly to the the Environment, Heritage and Local Deputy. Government. 545 Questions— 11 October 2005. Written Answers 546

Tax Yield. work environments and work practices to meet the highest possible standards of cleanliness in 120. Mr. P. McGrath asked the Ta´naiste and hospital settings. Minister for Health and Children the funds which are collected annually through the 50 cent The Health Service Executive will also publish additional tax imposed on a box of cigarettes; the national infection control standards and national way these funds are directed to health matters; if cleaning standards, a consistent and robust set of this fund is audited on a yearly basis; and if she hygiene standards for hospitals. Where previously will make a statement on the matter. [27320/05] standards may have depended on the approach of a particular hospital or health board, the HSE can Ta´naiste and Minister for Health and Children now ensure every hospital will share and meet the (Ms Harney): In the budget for 2000, the Minister same high standards of cleanliness and infection for Finance introduced an increase in the excise control. duty of just over 63 cent or 50p on a packet of 20 cigarettes, raising \167.605 million or £132 mil- Health Services. lion for the Exchequer in a full year. The Appro- 122. Aengus O´ Snodaigh asked the Ta´naiste priation Act 1999 stated that “such sum as may and Minister for Health and Children the steps a be determined by the Minister for Finance, not person (details supplied) in Dublin 10 must take exceeding £132 million, shall be paid to the Mini- to have their children reunited with them in ster for Health and Children...for services and Dublin. [27322/05] purposes connected with the performance by the second-mentioned Minister of his or her func- 123. Aengus O´ Snodaigh asked the Ta´naiste tions, out of moneys collected by the Revenue and Minister for Health and Children the steps a Commissioners in respect of the duty of excise person (details supplied) in Dublin 10 will take to imposed by section 2 of the Finance (Excise Duty have greater access to their children. [27323/05] on Tobacco Products) Act, 1977”. The figure of \167.605 million contained in the Minister of State at the Department of Health Revised Estimates Volume 2005 in respect of cer- and Children (Mr. B. Lenihan): I propose to take tain excise duties on tobacco products is appro- Questions Nos. 122 and 123 together. priated in aid of the Vote for the Department of The Deputy’s questions relate to the manage- Health and Children and allows gross total spend- ment and delivery of health and personal social ing of \401.413 million for my Department. Thus, services, which are the responsibility of the the net requirement of my Department from the Health Service Executive under the Health Act Exchequer is reduced to \233.418 million. The 2004. Accordingly, my Department has requested collection of these excise duties is a matter for the parliamentary affairs division of the HSE to the Revenue Commissioners. arrange to have this matter investigated and to have a reply issued directly to the Deputy. Hospital Hygiene. 121. Mr. Perry asked the Ta´naiste and Minister 124. Dr. Cowley asked the Ta´naiste and Mini- for Health and Children the reason it is not pos- ster for Health and Children if she will release sible to have on-the-spot cleanliness checks in the \400,000 necessary funds to advance a nursing medicinal areas of hospitals in the same way that home in Ballinrobe, County Mayo to the design on-the-spot fines are carried out in kitchens, in and planning stage in view of the fact that view of the danger which unhygienic wards pose; development of such a project has been under the reason such measures are not in place; and if discussion with her Department since 1971; her she will make a statement on the matter. views on whether it is a priority case; and if she [27321/05] will make a statement on the matter. [27324/05]

Ta´naiste and Minister for Health and Children Minister of State at the Department of Health (Ms Harney): The national hygiene audit, and Children (Mr. S. Power): The Deputy’s ques- arranged by the Health Service Executive and the tion relates to the management and delivery of national hospitals office was completed on sched- health and personal social services, which are the ule at the end of August. This involved visits to responsibility of the Health Service Executive each of the 54 acute hospitals in the country by a under the Health Act 2004. Accordingly, the team of independent consultants. The purpose of Department has requested the parliamentary the audit was to assess the standards of environ- affairs division of the HSE to arrange to have this mental hygiene and cleanliness in each hospital matter investigated and to have a reply issued and to provide baseline information. directly to the Deputy. The final report from the audit is expected to be presented to the director of the national 125. Mr. Lowry asked the Ta´naiste and Mini- hospitals office this month. This will form the ster for Health and Children the number of basis for the changes that are required in both patients waiting for outpatients services at each 547 Questions— 11 October 2005. Written Answers 548

[Mr. Lowry.] Departmental Expenditure. hospital clinic in the Mid-Western Area; the 128. Mr. Kenny asked the Ta´naiste and Mini- length of time each patient has been waiting for ster for Health and Children if her Department an appointment; and if she will make a statement has submitted to the Department of Finance a on the matter. [27336/05] declaration that the levels of expenditure planned for the PPARS system for the rest of 2005 are Ta´naiste and Minister for Health and Children necessary to deliver the project; and if she will (Ms Harney): The Deputy’s question relates to make a statement on the matter. [27339/05] the management and delivery of health and per- sonal social services, which are the responsibility 129. Mr. Kenny asked the Ta´naiste and Mini- of the Health Service Executive under the Health ster for Health and Children her views on the nat- Act 2004. Accordingly, my Department has ure and cost of the support services being pro- requested the parliamentary affairs division of vided to the PPARS project by Deloitte and the HSE to arrange to have this matter investi- Touche; if she has satisfied herself that the day gated and to have a reply issued directly to the rate charged by the firm is appropriate; and if she Deputy. will make a statement on the matter. [27340/05]

Hospital Waiting Lists. 130. Mr. Kenny asked the Ta´naiste and Mini- ster for Health and Children if she has satisfied 126. Mr. Ring asked the Ta´naiste and Minister herself that the PPARS system will result in a for Health and Children when a person (details reduction of the cost base in human resources supplied) in County Mayo will be called to Beau- with the Health Service Executive; and if she will mont Hospital for an operation to his back; and if make a statement on the matter. [27341/05] this person will be operated on under the national treatment purchase fund. [27337/05] 131. Mr. Kenny asked the Ta´naiste and Mini- ster for Health and Children the person who is Ta´naiste and Minister for Health and Children the senior officer responsible for the PPARS (Ms Harney): The Deputy’s question relates to system; her views on the composition of the the management and delivery of health and per- national team; and if she will make a statement sonal social services, which are the responsibility on the matter. [27342/05] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has 152. Mr. F. McGrath asked the Ta´naiste and requested the parliamentary affairs division of Minister for Health and Children the person who the HSE to arrange to have this case investigated is responsible and accountable for the overrun of and to have a reply issued directly to the Deputy. \150 million on the payroll system in her Depart- ment. [27519/05] Health Services. Ta´naiste and Minister for Health and Children 127. Dr. Twomey asked the Ta´naiste and Mini- (Ms Harney): I propose to take Questions Nos. ster for Health and Children the number of times 128 to 131, inclusive, and 152 together. her Department has met with the social services Prior to the establishment on 1 January 2005 of inspectorate since May 2005 in relation to the the Health Service Executive with its own Vote, extension of the social services inspectorate remit health services were delivered by the individual to include residential homes for the elderly; and health boards which were funded by grants from if she will make a statement on the matter. the Vote of my Department. The first contracts [27338/05] for the PPARS system were signed by five of the former boards and St. James’s Hospital in 1998. Minister of State at the Department of Health The health boards executive was established in and Children (Mr. S. Power): Officials of my 2002 to facilitate joint working by health boards Department have met five times with the social and took over the lead role for the project, but services inspectorate since May 2005 in relation funding continued to be paid to the individual to the extension of the social service inspector- health boards. ate’s remit to include residential facilities for By the end of 2004 the total amount of funding older persons. Officials from my Department, the provided for the project by my Department social services inspectorate and the HSE also met amounted to some \110 million and the HSE officials from the Department of Health, Social indicated that a further \55 million or so would Services and Personal Security in Northern be required in 2005. The HSE decided on 6 Ireland yesterday to discuss with them their October that any further development of the pro- experiences with regard to the inspection of resi- ject should be put on hold and that an executive dential facilities for older persons. group will now establish the long-term value of 549 Questions— 11 October 2005. Written Answers 550

PPARS in the context of the HSE’s national uni- services scheme. Applications for assessments for fied structure. eligibility to GP visit cards are being processed at The Comptroller and Auditor General’s Office present by the HSE. is carrying out a value for money examination of the project. This has been a matter of public Infectious Diseases. record for some time. The examination will, I expect, address issues such as the development, 133. Mr. O’Shea asked the Ta´naiste and Mini- governance and management of the project. My ster for Health and Children the latest infor- Department is, in that context, reviewing its own mation she has regarding the incidence of role in the project. tuberculosis in each county; and if she will make My Department and the Department of Fin- a statement on the matter. [27384/05] ance had previously raised concerns about the costs of the project, specifically in relation to the Ta´naiste and Minister for Health and Children consultancy and staffing costs. Last July, the Sec- (Ms Harney): The Deputy’s question relates to retary General of my Department asked the HSE the management and delivery of health and per- to undertake an urgent review of the project and sonal social services which are the responsibility is awaiting a formal report from the HSE follow- of the Health Service Executive under the Health ing the meeting of its board last Thursday. Act 2004. Accordingly, my Department has PPARS was funded each year from within the requested the parliamentary affairs division of annual estimates, both current and capital. Suc- the HSE to arrange to have this matter investi- cessive Ministers would have been involved in gated and to have a reply issued directly to the agreeing the overall capital requirement for ICT, Deputy. which would have also been examined by the Oireachtas Committee on Health and Children Question No. 134 withdrawn. and approved by the Da´il. 135. Mr. O’Dowd asked the Ta´naiste and Mini- General Practitioners. ster for Health and Children if an investigation will be carried out into the death of a person 132. Mr. Rabbitte asked the Ta´naiste and Mini- (details supplied) in County Louth from haemo- ster for Health and Children if her attention has philus influenza. [27413/05] been drawn to the continuing significant increase in general practitioner fees; if her attention has further been drawn to the fact that some general Ta´naiste and Minister for Health and Children practitioners in Dublin recently increased their (Ms Harney): The Health Service Executive fees from \40 to \50; her plans to impose limits which has statutory responsibility for the manage- on the amounts that general practitioners may ment and delivery of the health and personal charge for consultations or home visits in view of social services, has provided the following infor- the financial strain that these fees may put on low mation regarding the death of the person in ques- income families who do not have a medical card; tion in County Louth from haemophilus if her Department retains any statistics on the influenza. fees charged by general practitioners; and if she The HSE North Eastern Area has been noti- will make a statement on the matter. [27383/05] fied that a child from County Louth has recently died, whilst abroad, from haemophilus influenza Ta´a´naiste and Minister for Health and Chil- group B — Hib — septicaemia. The child had dren (Ms Harney): Consultation fees charged to presented and was reviewed at the accident and private patients by general practitioners are a emergency department of Our Lady of Lourdes matter of private contract between the two par- Hospital a number of days prior to his death. As ties, the doctor as the service provider and the his death occurred outside the country, complete patient as the user. I have no role in the setting information is not yet available. However, Our of these fees. However, I will ask my colleague, Lady of Lourdes Hospital has conducted an the Minister for Enterprise, Trade and Employ- initial review. A full review will be undertaken ment, to consider whether the Competition Auth- with the participation of the family and when full ority or the Office of the Director of Consumer information is obtained, a final report will be Affairs may have any role in relation to the level completed and the family will be fully apprised of fees charged for GP services. and involved. The recent agreement reached between the parties on the labour relations commission’s Hospital Waiting Lists. recommendation of June 2005 will allow the Health Service Executive to proceed with the 136. Mr. Ring asked the Ta´naiste and Minister introduction of GP visit cards which will enable for Health and Children when a person (details 200,000 people to have free access to general supplied) in County Mayo will be called to Beau- practitioner services under the general medical mont Hospital, Dublin. [27415/05] 551 Questions— 11 October 2005. Written Answers 552

Ta´naiste and Minister for Health and Children mation supplied to the board can cause delays. It (Ms Harney): The Deputy’s question relates to may be that reasons such as these have contrib- the management and delivery of health and per- uted to any delay in processing the application sonal social services, which are the responsibility referred to by the Deputy. of the Health Service Executive under the Health Given the statutory functions of the board, it Act 2004. Accordingly, my Department has would not be appropriate for the Minister to requested the parliamentary affairs division of intervene in individual applications for the HSE to arrange to have this case investigated registration. and to have a reply issued directly to the Deputy. Health Services. Health Service Recruitment. 140. Mr. O’Dowd asked the Ta´naiste and Mini- 137. Aengus O´ Snodaigh asked the Ta´naiste ster for Health and Children the length of time and Minister for Health and Children with regard the audiology clinic was open in Drogheda; the to a person (details supplied) in Dublin 20, the number of staff employed and the cost per annum reason a decision letter from An Bord Altranais of running same; the number of persons treated issued on 6 November 2003 setting out that they by the clinic for each month; the arrangement in must undertake an adaptation period in mid- place to provide transport to those seeking same wifery before a period of adaptation in general to attend in Dundalk; when the audiology clinic nursing, in view of their preference not to prac- will be re-established in Drogheda and the tice midwifery; and the fact that this has made it expected cost of same. [27442/05] difficult for them to get a hospital to agree to take them on. [27428/05] Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to 138. Aengus O´ Snodaigh asked the Ta´naiste the management and delivery of health and per- and Minister for Health and Children the reason sonal social services, which are the responsibility a person (details supplied) in Dublin 20 has been of the Health Service Executive under the Health waiting since 26 April 2004 for a response to their Act 2004. Accordingly, my Department has appeal to a decision by An Bord Altranais not to requested the parliamentary affairs division of grant them recognition for general nursing in the HSE to arrange to have this matter investi- view of the fact that they complied fully with gated and to have a reply issued directly to the criteria; the reason they have been waiting since Deputy. August 2004 as they received no response to their first appeal; and the further reason they received Medical Statistics. no response to another appeal in September 141. Ms McManus asked the Ta´naiste and 2005. [27429/05] Minister for Health and Children the breakdown by county or region of the number of persons 139. Aengus O´ Snodaigh asked the Ta´naiste here being treated for B12 deficiency; and if she and Minister for Health and Children the reason will make a statement on the matter. [27480/05] a person (details supplied) in Dublin 20 has not received a decision letter from An Bord Ta´naiste and Minister for Health and Children Altranais. [27430/05] (Ms Harney): As vitamin B12 deficiency is not a notifiable disease and the majority of persons Ta´naiste and Minister for Health and Children with this condition are treated at GP level, infor- (Ms Harney): I propose to take Questions Nos. mation on the number of persons being treated is 137 to 139, inclusive, together. not available. An Bord Altranais has statutory authority for the registration of nurses under the Nurses Act, 1985. Hospital Facilities. I am sure that the Deputy will appreciate that 142. Ms McManus asked the Ta´naiste and An Bord Altranais must process each application Minister for Health and Children if waiting areas thoroughly to ensure that all those entered on the will be made more patient friendly where patients register of nurses are deemed professionally do not feel intimidated; and if she will make a qualified and competent for such registration. statement on the matter. [27481/05] The protection of the public underpins this pro- cess. I am satisfied that the board discharges its Ta´naiste and Minister for Health and Children functions in a professional manner. (Ms Harney): The Deputy’s question relates to In 2004, over 3,500 newly registered qualifi- the management and delivery of health and per- cations were entered on the register. With regard sonal social services, which are the responsibility to individual applications I am informed that of the Health Service Executive under the Health decisions are normally issued to applicants within Act 2004. Accordingly, my Department has six weeks. However, errors or omissions in infor- requested the parliamentary affairs division of 553 Questions— 11 October 2005. Written Answers 554 the HSE to have a reply issued directly to the approve qualifications as attesting to the standard Deputy. of proficiency required for registration. Section 91 of the Bill contains transitional arrangements for the registration of existing prac- Cancer Screening. titioners which will apply for a period of two 143. Mr. Naughten asked the Ta´naiste and years from the establishment of a register. These Minister for Health and Children her plans to arrangements include the provision that prac- introduce a screening programme for bowel can- titioners who hold a stated qualification and who cer for 60-69 year olds; and if she will make a have been in practice at any time during a period statement on the matter. [27485/05] of five years before the register was established shall be granted registration. A practitioner must Ta´naiste and Minister for Health and Children also satisfy the registration board that he or she (Ms Harney): A new national cancer strategy is is a fit and proper person to engage in the prac- currently being finalised by the national cancer tice of that profession. forum, a multi-disciplinary group of experts in The stated qualification for psychologists under oncology. I expect the strategy to be completed the grandparenting provisions set out in the Bill by the end of the year. As part of this work, the is a recognised university degree or diploma forum has developed a framework for evidence- obtained with first or second class honours in based decision making in relation to the introduc- which psychology was taken as a major subject tion of population based screening programmes. and honours obtained in that subject. I understand that the forum is using this frame- I should explain that this does not reflect the work to consider the case for colorectal cancer current qualifications required of persons screening, including the age groups to which it recruited as psychologists within the public health might apply. The forum will make recommend- service as, since 2002, psychologists recruited to ations to me on that basis and I look forward to the public health service have been required to receiving them. hold a postgraduate qualification. The qualifi- cation set out in the Bill for psychologists is instead designed to take proper account of those Health Service Recruitment. practitioners previously recruited to the public 144. Mr. Perry asked the Ta´naiste and Minister health service and those who are practising else- for Health and Children if she will consider a sub- where who may not hold a postgraduate quali- mission (details supplied) on the Health and fication. Social Care Professionals Bill and address the I have given very careful consideration to the concerns raised; her plans to amend the Bill; and proposals put forward by the Psychological if she will make a statement on the matter. Society of Ireland in regard to qualifications held [27490/05] by applicants applying for registration under section 91. These proposals involve discriminat- 157. Mr. Wall asked the Ta´naiste and Minister ing between psychologists working in the public for Health and Children her views regarding cor- service and those working elsewhere for the pur- respondence (details supplied); the action she will poses of the transitional arrangements for the take to resolve the concerns expressed; and if she registration of existing practitioners. The legal will make a statement on the matter. [27744/05] advice available to me is that this would be inadvisable. I believe that the current provisions contained 173. Mr. O’Dowd asked the Ta´naiste and Mini- in the Bill for the grandparenting of practising ster for Health and Children her views on the psychologists are appropriate in the context of a submission from the Psychological Society of transitional period and having regard to require- Ireland on the Health and Social Care Pro- ments in the public health service prior to 2002. I fessionals Bill 2004. [27830/05] am also conscious that, in terms of the protection of the public, any registrant who does not meet Ta´naiste and Minister for Health and Children the standard of proficiency and competence (Ms Harney): I propose to take Questions Nos. expected of registered professionals will be sub- 144, 157 and 173 together. ject to the complaints, inquiries and disciplinary The Health and Social Care Professionals Bill procedures set out in the Bill. 2004 provides for the establishment of a system of statutory registration for certain health and social care professionals, including psychologists, Medical Cards. whether they are employed in the public service, 145. Mr. J. Breen asked the Ta´naiste and Mini- the private health sector or are self employed. ster for Health and Children if medical cards will The qualifications required of registrants will be issue to all victims of the MRSA superbug; and if a matter for the relevant registration board under she will make a statement on the matter. section 37 of the Bill and each board must [27494/05] 555 Questions— 11 October 2005. Written Answers 556

Ta´naiste and Minister for Health and Children affairs division of the HSE to arrange to have this (Ms Harney): Entitlement to health services in matter investigated and to have a reply issued Ireland is primarily based on residency and directly to the Deputy. means. Any person, regardless of nationality, who is accepted by the Health Service Executive as Hospital Waiting Lists. being ordinarily resident in Ireland is entitled to either full eligibility under category 1, namely 147. Ms McManus asked the Ta´naiste and medical card holders, or limited eligibility under Minister for Health and Children if her attention category 2 for health services. The Health Service has been drawn to the fact that there is an aver- Executive normally regards a person as “ordin- age of four years waiting time for a routine arily resident” in Ireland if he or she satisfies the appointment in Beaumont Hospital ENT Depart- executive that it is his or her intention to remain ment; and if she will make a statement on the in Ireland for a minimum period of one year. matter. [27496/05] Temporary visitors from another EU country are entitled to necessary treatment free of charge Ta´naiste and Minister for Health and Children under the European health insurance card. (Ms Harney): The Deputy’s question relates to Persons in category 1 are are entitled to a full the management and delivery of health and per- range of services including general practitioner sonal social services, which are the responsibility services, prescribed drugs and medicines, all of the Health Service Executive under the Health inpatient public hospital services in public wards Act 2004. Accordingly, my Department has including consultants services, all outpatient requested the parliamentary affairs division of public hospital services including consultants the HSE to arrange to have this matter investi- services, dental, ophthalmic and aural services gated and to have a reply issued directly to the and appliances and a maternity and infant care Deputy. service. Persons in category 2, non-medical card hold- Accident and Emergency Services. ers, are entitled, subject to certain charges, to all inpatient public hospital services in public wards 148. Mr. Haughey asked the Ta´naiste and Mini- including consultants services and outpatient ster for Health and Children the policy initiatives public hospital services including consultants taken by her for implementation by the Health services. Service Executive to ease the situation in accident Under the Health Act 1970, determination of and emergency departments; and if she will make eligibility for medical cards is the responsibility of a statement on the matter. [27506/05] the chief executive of the Health Service Execu- tive, with the exception of people over the age of Ta´naiste and Minister for Health and Children seventy years who are automatically entitled to a (Ms Harney): The measures identified in the ten medical card. Medical cards are issued to persons point plan to improve the delivery of accident and who, in the opinion of the chief executive are emergency services take a wide ranging approach unable to provide general practitioner, medical and are aimed at improving access to accident and surgical services for themselves and their and emergency services, improving patient flows dependants without undue hardship. through accident and emergency departments, Eligibility for medical cards in the case of per- freeing up of acute beds and providing appro- sons who have contracted MRSA will continue to priate longer term care for patients outside of the be assessed on the same basis as all other persons. acute hospital setting. The Health Service Executive is working with hospitals in order to deliver these measures and Nursing Homes. to ensure that the investment produces sus- 146. Ms McManus asked the Ta´naiste and tainable solutions. There are also additional Minister for Health and Children if there has actions that are required which relate to pro- been any fundamental change to the vetting pro- cesses and procedures affecting the throughput of cess for nursing homes since the Leas Cross nurs- patients in hospitals. These too will be addressed ing incident; and if so, the details of same; and if by the HSE. she will make a statement on the matter. My Department has asked the parliamentary [27495/05] affairs division of the HSE to reply directly to the Deputy in relation to the progress made to date Minister of State at the Department of Health in implementing these measures. and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of Departmental Property. health and personal social services, which are the responsibility of the Health Service Executive 149. Mr. Rabbitte asked the Ta´naiste and Mini- under the Health Act 2004. Accordingly, the ster for Health and Children if, in regard to the Department has requested the parliamentary removal of asbestos from Hawkins House during 557 Questions— 11 October 2005. Written Answers 558

2001, asbestos was detected in and removed from Following a tender competition carried out by foyer area of the building; if staff working in the the OPW, the material in the boiler room in Haw- foyer area were notified of any such removal; the kins House was removed in February 1999 in precautions which were taken to protect workers accordance with all of the Department of Envir- working in the foyer area; and if she will make a onment and Local Government, local authority statement on the matter. [27516/05] and Health and Safety Authority regulations. Prior to the work the successful contractor for- 150. Mr. Rabbitte asked the Ta´naiste and Mini- warded to the Health and Safety Authority a ster for Health and Children if her attention has method statement setting out how the asbestos been drawn to concerns expressed by staff who would be safely removed and issued a notification worked in the foyer area of Hawkins House that of commencement of asbestos work to the health they may have been exposed to asbestos during and safety authority. The system of work set out the removal of this substance from the building; in the method statement ensured that the occu- if steps have been taken to determine if such pants of the building were not exposed to any risk workers may have been exposed to asbestos; the during the removal works. health or medical procedures which are available This work was carried out in February 1999 to persons who fear they may have been exposed; and, at all times during the asbestos removal, my and if she will make a statement on the Department was kept advised of the potential matter. [27517/05] risks involved if the material was not properly managed. Air tests were carried out by specialist 151. Mr. Rabbitte asked the Ta´naiste and Mini- consultants before, during and after works to ster for Health and Children if her attention has provide assurances that there were no airborne been drawn to concerns expressed by staff who fibres present and that, consequently, there was worked in the foyer area of Hawkins House that no danger to staff. Clearance certificates were they may have been exposed to asbestos during issued at the time. the removal of this substance from the building; if, in view of these concerns, she will ask the Question No. 152 answered with Question Health and Safety Authority to review the man- No. 128. ner in which the asbestos was removed with a view to determining if any employees were put at risk; and if she will make a statement on the Health Service Executive. matter. [27518/05] 153. Ms McManus asked the Ta´naiste and Minister for Health and Children the procedures Ta´naiste and Minister for Health and Children that the Health Service Executive follows for (Ms Harney): I propose to take Questions Nos. informing parents and specialists as required of 149 to 151, inclusive, together. the results of routine eye tests taken in schools; Hawkins House is owned by the Office of her views on the fact that contrary to inter- Public Works and they are responsible for main- national best practice routine eye tests are not tenance and ancillary works required to be car- given to some children until they are ten years ried out on the building. of age; and if she will make a statement on the The OPW has confirmed that in June 1998 a matter. [27523/05] preliminary survey of the boiler room in Hawkins House revealed small quantities of asbestos based thermal insulation. In February 1999, during the Ta´naiste and Minister for Health and Children course of refurbishment works in the main foyer, (Ms Harney): The Deputy’s question relates to further quantities of asbestos material were dis- the management and delivery of health and per- covered on pipework embedded in the concrete sonal social services, which are the responsibility floor. A more detailed survey of the building car- of the Health Service Executive under the Health ried out in July 1999 uncovered isolated pockets Act 2004. Accordingly, my Department has of asbestos based materials in various forms such requested the parliamentary affairs division of as ceiling tiles, duct linings and fire doors. the HSE to arrange to have this matter investi- The asbestos material discovered on pipework gated and to have a reply issued directly to the embedded in the concrete floor during the refur- Deputy. bishment works in the main foyer was not removed. It has been left in situ and completely Hospital Building. sealed within the floor area where it poses no threat. 154. Mr. Durkan asked the Ta´naiste and Mini- The OPW advised that the isolated pockets of ster for Health and Children when she will be in asbestos-based materials in various forms such as a position to provide the necessary funding for ceiling tiles, duct linings and fire doors should be the next phase of the Naas Hospital development left untouched. At present, left untouched, they plan; if she will make the necessary provision pose no health risk. within the context of the Estimates for her 559 Questions— 11 October 2005. Written Answers 560

[Mr. Durkan.] the growing number of deaths from sudden death Department and budget 2005; and if she will syndrome of young persons, she will make it a make a statement on the matter. [27602/05] requirement that before these persons are allowed to participate in sport they should have Ta´naiste and Minister for Health and Children an annual fitness certificate; if her attention has (Ms Harney): The Deputy’s question relates to been drawn to the fact that a simple ECG test the management and delivery of health and per- could have saved the life of a person (details sonal social services, which are the responsibility supplied) in Dublin 8 or at least create an aware- of the Health Service Executive under the Health ness in schools and clubs of the symptoms; and if Act 2004. Accordingly, my Department has she will make a statement on the matter. requested the parliamentary affairs division of [27743/05] the HSE to arrange to have this matter investi- gated and to have a reply issued directly to the Minister of State at the Department of Health Deputy. and Children (Mr. S. Power): In September 2004 a national task force on sudden cardiac death was Radiotherapy Services. established in order to address the problem of 155. Mr. Healy asked the Ta´naiste and Minister sudden cardiac death in Ireland. The task force, for Health and Children the position regarding chaired by Dr. Brian Maurer, will make recom- the transport sub-committee established as a mendations on the prevention of sudden cardiac result of the report on radiotherapy services; if death and on the detection of those at high risk. the report has been completed three years on; the The task force will also advise on equipment and recommendations of the report; when she will training programmes to improve the outcome in publish the report; and if she will make a state- those suffering from sudden cardiac collapse and ment on the matter. [27638/05] on the establishment of appropriate surveillance systems. Ta´naiste and Minister for Health and Children I understand that the task force has been (Ms Harney): As I have previously indicated to involved in widespread consultation and that a the House, I consider that appropriate transport report is currently being finalised. The recom- arrangements for patients requiring radiotherapy mendations of the task force will inform future should be made available, where necessary, by policy in this area. the Health Service Executive. My Department raised this matter with the HSE last May to Question No. 157 answered with Question ensure that appropriate transport arrangements No. 144. are put in place on a national basis for patients who are required to travel to obtain radiotherapy. Transport solutions are already a feature of the Hospital Services. current provision of radiation oncology services. 158. Mr. Durkan asked the Ta´naiste and Mini- Last July I announced the Government’s plan ster for Health and Children the reason all 50 for a national network of radiation oncology beds at Maynooth Community Hospital are not services to be put in place by 2011 and commen- available for patients; and if she will make a state- cing in 2008. The network will consist of four ment on the matter. [27745/05] large centres in Dublin, Cork and Galway and two integrated satellite centres at Waterford Minister of State at the Department of Health Regional Hospital and Limerick Regional and Children (Mr. S. Power): The Deputy’s ques- Hospital. Appropriate transport arrangements tion relates to the management and delivery of will form part of the planning and implemen- health and personal social services, which are the tation of this plan, given the significant increase responsibility of the Health Service Executive in capacity involved. under the Health Act 2004. Accordingly, the The national radiation oncology coordinating group provides advice to my Department and the Department has requested the parliamentary HSE on radiotherapy. In light of the above and affairs division of the HSE to arrange to have this the fact that under the Health Act 2004, the HSE matter investigated and to have a reply issued has responsibility for the management and deliv- directly to the Deputy. ery of health and personal social services, the NROCG does not intend to prepare a specific Medical Cards. report on transport. 159. Dr. Cowley asked the Ta´naiste and Mini- ster for Health and Children the reason medical Sudden Death Syndrome. card holders in County Mayo have to wait up to 156. Ms McManus asked the Ta´naiste and five months for a basic eye test; and if she will Minister for Health and Children if, in view of make a statement on the matter. [27746/05] 561 Questions— 11 October 2005. Written Answers 562

Ta´naiste and Minister for Health and Children Nursing Homes. (Ms Harney): The Deputy’s question relates to 162. Mr. Timmins asked the Ta´naiste and Mini- the management and delivery of health and per- ster for Health and Children further to sonal social services, which are the responsibility Parliamentary Questions Nos. 136, 137 and 138 of the Health Service Executive under the Health of 29 June 2005 (details supplied) on Leas Cross Act 2004. Accordingly, my Department has Nursing Home, the reason no reply has issued requested the parliamentary affairs division of from the Health Service Executive; the position the executive to arrange to have this matter inves- regarding same; and if she will make a statement tigated and to have a reply issued directly to the on the matter. [27773/05] Deputy. Minister of State at the Department of Health Assisted Human Reproduction. and Children (Mr. S. Power): The questions referred to by the Deputy related to the manage- 160. Mr. G. Mitchell asked the Ta´naiste and ment and delivery of health and personal social Minister for Health and Children if funds pro- services, which are the responsibility of the vided by the Irish taxpayer are used as part of Health Service Executive under the Health Act EU funding for projects involving the derivation 2004. Accordingly, the Department requested the and use of human embryonic stem cells in other parliamentary affairs division of the executive to EU member states. [27747/05] arrange to have this matter investigated and to have a reply issued directly to the Deputy. My Ta´naiste and Minister for Health and Children Department has again been in touch with the (Ms Harney): My colleague the Minister for HSE and has been informed that the questions Enterprise, Trade and Employment, Deputy referred to by the Deputy are receiving attention Martin, has lead responsibility for the EU Sev- and that replies will issue to the Deputy shortly. enth Research Framework Programme under which the issue of funding for research of this kind may arise. The work of the commission on Hospital Services. assisted human reproduction is directly related to 163. Mr. Neville asked the Ta´naiste and Mini- this issue and I was pleased to receive its report ster for Health and Children the measures which last May. As I indicated at that time, the Govern- are being taken to develop a dedicated acute unit ment has decided to refer the report to the to cater for persons with intellectual disability Oireachtas Joint Committee on Health and Chil- and challenging behaviour in the HSE northern dren; this will allow for further public and politi- area as recommended in the Mental Health Com- cal consideration of the complex issues involved. mission annual report 2004. [27774/05] After this process, the Government will make decisions on the regulation of assisted human Minister of State at the Department of Health reproduction in Ireland on the basis of both the and Children (Mr. T. O’Malley): The Deputy’s commission’s and the Oireachtas committee’s question relates to the management and delivery reports. of health and personal social services, which are the responsibility of the Health Service Executive Health Services. under the Health Act 2004. Accordingly, my Department has requested the Parliamentary 161. Mr. Neville asked the Ta´naiste and Mini- Affairs Division of the Executive to arrange to ster for Health and Children the measures which have this matter investigated and to have a reply are being taken to make capital investment avail- issued directly to the Deputy. able in the Health Service Executive northern area in order that appropriate community facili- ties will be provided for patients as recommended State Property. in the Mental Health Commission annual report 164. Mr. Neville asked the Ta´naiste and Mini- 2004. [27772/05] ster for Health and Children the measures she is taking on the sale of land at St. Ita’s Hospital and Minister of State at the Department of Health St. Brendan’s Hospital. [27775/05] and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery Ta´naiste and Minister for Health and Children of health and personal social services, which are (Ms Harney): The Deputy’s question relates to the responsibility of the Health Service Executive the management and delivery of health and per- under the Health Act 2004. Accordingly, my sonal social services which are the responsibility Department has requested the parliamentary of the Health Service Executive under the Health affairs division of the executive to arrange to have Act 2004. Accordingly, my Department has this matter investigated and to have a reply issued requested the parliamentary affairs division of directly to the Deputy. the executive to arrange to have this matter inves- 563 Questions— 11 October 2005. Written Answers 564

[Ms Harney.] of the Health Service Executive under the Health tigated and to have a reply issued directly to the Act 2004. Accordingly, my Department has Deputy. requested the parliamentary affairs division of the executive to arrange to have this matter inves- Hospital Services. tigated and to have a reply issued directly to the Deputy. 165. Mr. Neville asked the Ta´naiste and Mini- ster for Health and Children the measures she is taking on the urgent requirements for the Health Services. development of an acute in patient unit at Beau- 168. Mr. Deasy asked the Ta´naiste and Mini- mont Hospital as outlined in the 2004 annual ster for Health and Children the reason for the report of the Mental Health Commission. delay in obtaining an angiogram for a person [27776/05] (details supplied) in County Waterford; and when the person can expect to be called for same. Minister of State at the Department of Health [27791/05] and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery Ta´naiste and Minister for Health and Children of health and personal social services, which are (Ms Harney): The Deputy’s question relates to the responsibility of the Health Service Executive the management and delivery of health and per- under the Health Act 2004. Accordingly, my sonal social services, which are the responsibility Department has requested the parliamentary of the Health Service Executive under the Health affairs division of the executive to arrange to have Act 2004. Accordingly, my Department has this matter investigated and to have a reply issued requested the parliamentary affairs division of directly to the Deputy. the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the Violence Against Women. Deputy. 166. Mr. McGuinness asked the Ta´naiste and Minister for Health and Children her plans to Violence Against Women. provide a women’s refuge in Carlow; the services 169. Mr. Timmins asked the Ta´naiste and Mini- funded by her Department in County Carlow ster for Health and Children the position on the relative to the needs of women who are suffering need for increased Government funding for violence in the home; and if she will make a state- frontline services for women who have suffered ment on the matter. [27777/05] violence with particular reference to a refuge (details supplied) in County Wicklow; if, in view Minister of State at the Department of Health of the serious difficulties this is causing, funding and Children (Mr. S. Power): The Deputy’s ques- will be allocated as a matter of urgency for this tion relates to the management and delivery of service in order that the necessary resources be health and personal social services, which are the put in place; and if she will make a statement on responsibility of the Health Service Executive the matter. [27799/05] under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have Minister of State at the Department of Health this matter investigated and to have a reply issued and Children (Mr. S. Power): The Deputy’s ques- directly to the Deputy. tion relates to the management and delivery of The responsibility for the provision of refuges health and personal social services, which are the lies with the Department of the Environment, responsibility of the Health Service Executive Heritage and Local Government. under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have Medical Cards. this matter investigated and to have a reply issued 167. Dr. Twomey asked the Ta´naiste and Mini- directly to the Deputy. ster for Health and Children the number of per- The responsibility for the provision of refuges sons availing of the over 70s medical card that lies with the Department of the Environment, was introduced in 2001; the number of persons Heritage and Local Government. aged over 70 who are on the traditional medical card; and if she will make a statement on the Health Services. matter. [27786/05] 170. Mr. Blaney asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children the number of Now- (Ms Harney): The Deputy’s question relates to Doc services which are in operation throughout the management and delivery of health and per- the country; the guidelines which are used for sonal social services, which are the responsibility determining the location of NowDoc centres in a 565 Questions— 11 October 2005. Written Answers 566 county; and if she will make a statement on the County No. of persons covered by a matter. [27800/05] medical card

171. Mr. Blaney asked the Ta´naiste and Mini- Sligo 19,287 ster for Health and Children if it is Health Service Carlow 15,402 Executive policy that doctors on duty in a Now- Kilkenny 19,452 Doc centre remain in the centre for the duration Tipperary SR 28,452 of the duty unless called out to visit a patient; and Waterford 34,885 if she will make a statement on the matter. Wexford 39,237 [27801/05] Cork 131,360 Kerry 41,289 Ta´naiste and Minister for Health and Children (Ms Harney): I propose to take Question Nos. Galway 65,561 170 and 171 together. Mayo 46,939 The Deputy’s questions relate to the manage- Roscommon 19,748 ment and delivery of health and personal social Total 1,149,031 services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested The income assessment guidelines used by the the parliamentary affairs division of the executive Health Service Executive, HSE, in considering to arrange to have this matter investigated and to applications for medical cards were increased by have a reply issued directly to the Deputy. 7.5% with effect from 1 January 2005. Significant changes were also announced in the area of allowances to applicants in respect of dependants Medical Cards. and reasonable expenses incurred in relation to 172. Mr. Crawford asked the Ta´naiste and mortgage, childcare and commuting to work. It Minister for Health and Children the number of was anticipated that these increases would result medical cards in place at 1 October 2005 on a in a net additional 30,000 medical cards. To date, county basis; when the 30,000 full medical cards the net number of additional cards issued has not will be allocated; when application forms and rel- significantly exceeded the figure for the year end evant details of application criteria will be avail- of 2004. My Department and the HSE are now able for the 200,000 doctor only medical cards; reviewing the operation of the income assessment and if she will make a statement on the guidelines with a view to identifying what further matter. [27814/05] changes may be required in order to enable the desired number of additional medical cards to Ta´naiste and Minister for Health and Children be issued. (Ms Harney): The latest information for the Now that agreement has been reached between number of persons covered by a medical card on the parties on all aspects of the Labour Relations a county basis is September 2005. The infor- Commission’s recommendations of June 2005 the mation is set out in the following table: HSE is proceeding with the introduction of GP visit cards which will enable 200,000 people to County No. of persons covered by a have free access to general practitioner services medical card under the general medical services scheme. Applications for assessments for eligibility to GP Dublin 275,824 visit cards are being processed at present by the Kildare 37,382 HSE. Wicklow 27,675 Question No. 173 answered with Question Laois 16,965 No. 144. Longford 12,425 Offaly 19,540 Health Services. Westmeath 21,328 Clare 31,189 174. Mr. F. McGrath asked the Ta´naiste and Minister for Health and Children if she will Limerick 48,916 report on new action plans to end the issue of Tipperary NR 19,163 patients on trolleys in hospitals. [27845/05] Cavan 18,567 Louth 34,463 Ta´naiste and Minister for Health and Children Meath 29,180 (Ms Harney): The measures identified in the ten Monaghan 15,922 point plan to improve the delivery of accident and Donegal 67,804 emergency services take a wide ranging approach and are aimed at improving access to accident Leitrim 11,076 and emergency services, improving patient flows 567 Questions— 11 October 2005. Written Answers 568

[Ms Harney.] the executive to arrange to have this matter inves- through accident and emergency departments, tigated and to have a reply issued directly to the freeing up of acute beds and providing appro- Deputy. priate longer term care for patients outside of the acute hospital setting. 177. Mr. O’Connor asked the Ta´naiste and The Health Service Executive is working with Minister for Health and Children is discussions hospitals in order to deliver these measures and will be held with the Health Service Executive to ensure that the investment produces sus- regarding the clear need for a health centre in tainable solutions. There are also additional Fettercairn Estate, Tallaght; and if she will make actions that are required which relate to pro- a statement on the matter. [27907/05] cesses and procedures affecting the throughput of patients in hospitals. These too will be addressed Ta´naiste and Minister for Health and Children by the HSE. (Ms Harney): The Deputy’s question relates to A particular focus has been placed on those the management and delivery of health and per- patients in acute hospitals who have completed sonal social services, which are the responsibility their acute phase of treatment and are ready for of the Health Service Executive under the Health discharge to a more appropriate setting. The HSE Act 2004. Accordingly, my Department has is making sustained efforts to arrange for the dis- requested the parliamentary affairs division of charge of these patients in order to have more the executive to arrange to have this matter inves- acute beds available in hospitals for emergency tigated and to have a reply issued directly to the patients. My Department has asked the Deputy. parliamentary affairs division of the HSE to reply directly to the Deputy on the progress being Telecommunications Masts. made in this regard. 178. Mr. O’Connor asked the Ta´naiste and Minister for Health and Children if an investi- Services for People with Disabilities. gation will be carried out conveying the health 175. Mr. F. McGrath asked the Ta´naiste and concerns of the local community in respect of the Minister for Health and Children if she will masts erected in Whitestown Industrial Estate, report on speech and occupational therapy Tallaght, Dublin 24; and if she will make a state- services for children on the north side of Dublin ment on the matter. [27908/05] and provide a detailed list of new services. [27846/05] Ta´naiste and Minister for Health and Children (Ms Harney): My Department has made inquiries Minister of State at the Department of Health of the HSE on the issue raised by the Deputy and and Children (Mr. T. O’Malley): The Deputy’s has been advised that the HSE is not aware of question relates to the management and delivery any risk to public health from mobile phone of health and personal social services, which are masts in the Whitestown industrial estate area. the responsibility of the Health Service Executive The consensus of scientific literature to date under the Health Act 2004. Accordingly, my regarding possible adverse health effects from Department has requested the parliamentary electromagnetic fields, or EMF, exposure from affairs division of the executive to arrange to have mobile phones and their base stations is that this matter investigated and to have a reply issued there is no evidence of a causal relationship directly to the Deputy. between such exposure and ill health. The World Health Organisation, WHO, has assessed the many reviews carried out in this area and has Health Services. indicated that exposures below the limits recom- 176. Mr. O’Connor asked the Ta´naiste and mended by the International Commission on Minister for Health and Children if discussions Non-Ionising Radiation Protection (ICNIRP) in will be held with the Health Service Executive its 1998 guidelines do not produce any known regarding the need to accelerate the redevelop- adverse health effects. These guidelines are based ment of Millbrook Lawns Health Centre, on a careful analysis of all peer-reviewed scien- Tallaght, Dublin 24; and if she will make a state- tific literature including thermal and non- ment on the matter. [27906/05] thermal effects. In 1999 the European Community introduced Ta´naiste and Minister for Health and Children recommendations on the limitation of exposure (Ms Harney): The Deputy’s question relates to of the general public to electromagnetic fields, the management and delivery of health and per- based on the ICNIRP guidelines. Ireland com- sonal social services, which are the responsibility plies with these recommendations. The Com- of the Health Service Executive under the Health mission for Communication Regulations Act 2004. Accordingly, my Department has (ComReg) monitors compliance with regard to requested the parliamentary affairs division of telecommunication masts. I am advised that 569 Questions— 11 October 2005. Written Answers 570 monitoring has taken place at Whitestown indus- sonal social services, which are the responsibility trial estate in Tallaght business park and that the of the Health Service Executive under the Health results conclude that emissions are within Act 2004. Accordingly, my Department has ICNIRP guidelines. Research in this area is requested the parliamentary affairs division of ongoing. the executive to arrange to have this case investi- The WHO has identified a need for further gated and to have a reply issued directly to the research to better assess possible health risks and Deputy. has established the international electromagnetic fields (EMF) project. My Department will con- 182. Mr. P. Breen asked the Ta´naiste and Mini- tinue to monitor developments in relation to this ster for Health and Children when a person issue. (details supplied) in County Clare will receive a hearing aid; and if she will make a statement on Health Services. the matter. [27929/05] 179. Mr. McGuinness asked the Ta´naiste and Ta´naiste and Minister for Health and Children Minister for Health and Children the budget for (Ms Harney): The Deputy’s question relates to home help services in the south east and the the management and delivery of health and per- amount allocated to County Kilkenny; if there is sonal social services, which are the responsibility a manager dedicated to the scheme or if it is part of the Health Service Executive under the Health of a number of schemes managed by the same Act 2004. Accordingly, my Department has officials; and if she will make a statement on the requested the parliamentary affairs division of matter. [27909/05] the executive to arrange to have this matter inves- tigated and to have a reply issued directly to the Minister of State at the Department of Health Deputy. and Children (Mr. S. Power): The Deputy’s ques- tion relates to the management and delivery of health and personal social services, which are the Hospital Services. responsibility of the Health Service Executive 183. Mr. Timmins asked the Ta´naiste and Mini- under the Health Act 2004. Accordingly, the ster for Health and Children her proposals for St. Department has requested the parliamentary Colmcille’s Hospital, Loughlinstown, County affairs division of the executive to arrange to have Dublin and Naas General Hospital County this matter investigated and to have a reply issued Kildare; and if she will make a statement on the directly to the Deputy. matter. [27946/05]

180. Mr. Haughey asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children the aims and objec- (Ms Harney): The Deputy’s question relates to tives of the national hospitals office; if hospital the management and delivery of health and per- networks have been determined; the networks in sonal social services, which are the responsibility place in the Dublin area; and if she will make a of the Health Service Executive under the Health statement on the matter. [27910/05] Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Ta´naiste and Minister for Health and Children the executive to arrange to have this matter inves- (Ms Harney): The Deputy’s question relates to tigated and to have a reply issued directly to the the management and delivery of health and per- Deputy. sonal social services, which are the responsibility of the Health Service Executive under the Health BreastCheck Programme. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of 184. Mr. Curran asked the Ta´naiste and Mini- the executive to arrange to have this matter inves- ster for Health and Children the number of tigated and to have a reply issued directly to the women who have benefited from BreastCheck in Deputy. Clondalkin and Lucan during the period 2002, 2003, 2004 and 2005. [28000/05] 181. Mr. P. Breen asked the Ta´naiste and Mini- ster for Health and Children when a person 185. Mr. Curran asked the Ta´naiste and Mini- (details supplied) in County Clare will receive an ster for Health and Children the number of appointment for the community paediatrician; BreastCheck services made available to women and if she will make a statement on the in Clondalkin and Lucan over the period 2002, matter. [27911/05] 2003, 2004 and 2005. [28001/05]

Ta´naiste and Minister for Health and Children Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to (Ms Harney): I propose to take Questions Nos. the management and delivery of health and per- 184 and 185 together. 571 Questions— 11 October 2005. Written Answers 572

[Ms Harney.] a person (details supplied) in County Kildare; The information requested by the Deputy is and if he will make a statement on the matter. not collated by my Department. My Department [27344/05] has requested the director of BreastCheck to examine the matters raised and to reply directly Minister for Finance (Mr. Cowen): I have been to the Deputy. advised by the Revenue Commissioners that the taxpayer has confirmed that he has not yet made Cancer Screening Programme. any application for a tax rebate due to cessation of his employment on 23 September, 2005. A 186. Mr. Curran asked the Ta´naiste and Mini- form P50 to facilitate such an application being ster for Health and Children her plans to extend made issued to the taxpayer on 4 October, 2005, the service of cervical screening to medical card and on receipt of the completed form, together holders free of charge under the equal oppor- with form P45, any repayment due will be tunities childcare programme. [28002/05] processed.

Ta´naiste and Minister for Health and Children 189. Mr. Wall asked the Minister for Finance if (Ms Harney): Cervical smear testing is not cur- a person (details supplied) in County Kildare will rently provided by GPs or family planning clinics be furnished with a P21 statement for 2004. under the scheme for medical card holders. [27361/05] However, where cervical smears form part of recognised protocols for the ongoing treatment of Minister for Finance (Mr. Cowen): I have been individual patient illnesses, they should be pro- advised by the Revenue Commissioners that form vided free of charge to eligible women under the P21 balancing statement 2004 issued to the tax- general medical services, GMS, scheme. Any payer on 7 October, 2005. necessary follow-up treatment is available to all women, including medical card holders, within the public hospital system. Tax Collection. I am committed to the national roll-out of a 190. Mr. F. McGrath asked the Minister for cervical screening programme in line with inter- Finance the exact VAT charges on ESB and gas national best practice. Following the publication bills; if consumers are paying VAT on other of the international expert’s report on the feasi- charges on the same bill; and if he will give a bility and implications of a national roll-out, my statement on the whole issue of VAT on ESB and Department undertook a consultative process gas bills. [27418/05] with relevant professional and advocacy stake- holders. My Department will now discuss options Minister for Finance (Mr. Cowen): The posi- for roll-out of the programme with the Health tion is that the VAT rating of goods and services Service Executive. The arrangements for cervical is subject to the requirements of EU VAT law screening within the context of the GMS are with which Irish VAT law must comply. Under among the issues which will be considered in the Article 28(2)(e) of the sixth VAT directive the discussions which have commenced on the GP supply of electricity and gas is subject to the contract for publicly provided services. reduced VAT rate which in Ireland is 13.5%. This article allows member states which at 1 January State Property. 1991 applied a reduced rate to supplies of goods and services other than those specified in Annex 187. Mr. Deenihan asked the Minister for Fin- H of the sixth VAT directive to continue to apply ance the position regarding the purchase of the a reduced rate to such supplies. Great Blasket Island which was announced in In the case of the supply of electricity a stand- July 2005; and if he will make a statement on the ing charge and a public service obligation, PSO, matter. [27922/05] levy are also applied and both of these charges are subject to VAT at the 13.5% rate. For gas, a Minister of State at the Department of Finance supply charge applies which is also subject to (Mr. Parlon): The Office of Public Works, under VAT at the 13.5% rate. I should explain that the the direction of the Department of the Envir- PSO levy is based on the costs incurred by the onment, Heritage and Local Government, who ESB in meeting its obligations to produce, or buy have the overall responsibility for the process, are electricity that is being generated from peat and conducting the negotiations with the island’s other environmentally sustainable forms of landowners for the purchase of the properties on energy. Up to March 2003, this levy was included the Island. in the standing charge on the bill but, since that date, the PSO levy has been shown separately on electricity bills. The method through which VAT Tax Code. must be calculated is set out under section 10 of 188. Mr. Wall asked the Minister for Finance the Value Added Tax Act 1972 (as amended). In the position regarding a tax rebate application for this regard, VAT must be charged on the total 573 Questions— 11 October 2005. Written Answers 574 consideration for the supply of goods or services, Minister of State at the Department of Finance including all taxes, commissions, costs and (Mr. Parlon): A site has been acquired in charges but not including value-added tax charge- Clonakilty. The accommodation brief for the able in respect of the supply itself. building is currently being finalised with the In respect of charges for other goods or Department of Communications, Marine and services included on electricity or gas bills, a VAT Natural Resources and BIM. When the brief is rate appropriate to those additional goods or agreed tenders for the design and construction of services will be included in the bill. For example, the building can be invited. Subject to successful an electricity or gas bill might include a repay- completion of the tendering process, and a satis- ment on the purchase of a domestic appliance factory planning application, work should com- which would be liable to the standard VAT rate mence on the construction of the building early of 21%. However, this would not affect the rate next year. of VAT applied to the supply of gas or electricity which is 13.5%. 193. Mr. Naughten asked the Minister for Fin- ance if persons applying for decentralised offices Tax Code. who changed their preference for undersubscribed locations remain within the 191. Ms C. Murphy asked the Minister for Fin- priority category; and if he will make a statement ance the reason, despite submitting an appli- on the matter. [27486/05] cation, a person (details supplied) in County Kildare has not been provided with confirmation from the Revenue Commissioners that they were Minister for Finance (Mr. Cowen): Appli- self-employed during a particular period; if it is cations for decentralisation are made through the standard practise for the Revenue Commissioners Central Applications Facility, CAF, operated by to provide such confirmations; and the appli- the Public Appointments Service, PAS. In the cation procedure for such confirmations. case of undersubscribed locations, there is a [27433/05] facility which allows applicants who have selected such a location as their second or subsequent Minister for Finance (Mr. Cowen): I have been preference to change it to their first preference. advised by the Revenue Commissioners that they Civil and public servants who change their appli- have no record of having received a written appli- cations will be ranked according to the rankings cation from the taxpayer requesting confirmation agreed for the operation of the CAF. Anyone of self-employment. However following a tele- who changes their application and does not phone call from the agent acting on behalf of the receive an offer for the new location will have the tax payer on 3 October, 2005, a letter issued to application returned to its original first prefer- the taxpayer on the same day giving the infor- ence and retain full priority. mation requested. It is standard practice to provide such confirmation on receipt of a request Public Service Salaries. by letter, fax, e-mail or telephone call from a tax- payer or the agent acting on behalf of the 194. Mr. P. McGrath asked the Minister for taxpayer. Finance the average mid-ranking civil servants, that is, principal officer’s annual salary for every fifth year since 1960; and if he will make a state- Decentralisation Programme. ment on the matter. [27596/05] 192. Mr. Walsh asked the Minister for Finance when work will commence on the provision of Minister for Finance (Mr. Cowen): The office accommodation for the Department of requested payscales are in the following table. All Communications, Marine and Natural Resources rates are those applying on 1 January of each year and Bord Iascaigh Mhara complex at Clonakilty, and are shown in euro terms. The scales shown County Cork under the decentralisation prog- from 1960 to 1975 are “B Scales” which applied ramme; and if he will make a statement on the to married men. The intermediate points for the matter. [27444/05] 1960 scale are not available.

Principal Officer Standard Scale Modified Rates

Year 1st point 2nd point 3rd point 4th point 5th point 6th point 7th point

\\\\\\\

1960 B 2,228.39 2,634.71 1965 B 3,269.58 3,377.50 3,485.43 3,593.36 3,731.29 3,809.21 3,866.35 1970 B 3,771.12 3,893.02 4,014.91 4,136.81 4,258.70 4,380.60 4,437.73 1975 B 6,688.98 6,888.33 7,087.68 7,287.03 7,486.38 7,690.80 1980 13,636.99 14,170.28 14,703.57 15,236.86 15,770.15 1985 23,154.94 24,147.88 25,139.54 26,136.29 27,126.68 575 Questions— 11 October 2005. Written Answers 576

[Mr. Cowen.]

Year 1st point 2nd point 3rd point 4th point 5th point 6th point 7th point

\\\\\\\ 1990 31,975.81 33,338.24 34,695.59 36,060.56 37,417.91 1995 43,383.14 45,233.15 47,073.00 48,925.55 50,767.94 LSI 1* LSI 2 2000 50,281.63 52,412.25 54,532.71 56,667.14 58,466.36 60,330.34 62,194.31 2005 71,990.00 75,042.00 78,075.00 81,132.00 83,707.00 86,378.00 89,047.00 current rate at 1 June 05 75,036.00 78,216.00 81,376.00 84,564.00 87,247.00 90,032.00 92,813.00 *LS1 = Long Service Increment.

Tax Collection. Year Estimated cost of Numbers 195. Mr. Timmins asked the Minister for Fin- tax forgone \m availing of tax ance the total tax receipts for residential proper- relief ties in the years 1997 and 2004; and if he will make a statement on the matter. [27612/05] 1997/1998 2.5 78,500 2002 5.2 124,900 Minister for Finance (Mr. Cowen): It is assumed that the Deputy is referring to stamp duty and residential property tax, RPT. I am Flood Relief. informed by the Revenue Commissioners that the relevant information available is for the yield 197. Mr. Timmins asked the Minister for Fin- from RPT and the estimated yield from stamp ance the situation regarding the application from duties on residential property transactions. Fol- Arklow Town Council, County Wicklow for fund- lowing is the information on a revenue net ing for flood relief works; and if he will make a receipts basis for each of the years 1997 and 2004. statement on the matter. [27615/05]

Stamp Duty RPT Minister of State at the Department of Finance (Mr. Parlon): A meeting will be arranged in the Year \ million Year \ million near future between OPW and Arklow Town Council to discuss the preliminary report com- 1997 194 1997 3.95 missioned by the local authority. The need to have this report updated will also be discussed in 2004 752 2004 0.38 light of the additional information and data iden- tified by OPW as a requirement for such a study RPT was abolished with effect from 5 April, 1997. since the original report was commissioned. However, any person who had a liability to RPT prior to its abolition in 1997 has an obligation to Tax Code. discharge that liability, including the payment of interest. 198. Mr. Healy asked the Minister for Finance if he will include an amendment in legislation to allow appropriate tax incentives to apply to any Tax Code. proposed park and ride facilities to be provided by South Tipperary County Council on the same 196. Mr. Timmins asked the Minister for Fin- basis as the scheme applies in other locations ance the total tax relief granted for waste charges throughout the country; and if he will make a for the years 1997, 2002, 2003 and 2004; the statement on the matter. [27641/05] number of applicants there were for these years; and if he will make a statement on the matter. Minister for Finance (Mr. Cowen): As I am [27613/05] sure the Deputy is aware, I announced in my budget 2005 statement that I had directed my Minister for Finance (Mr. Cowen): Iam Department, together with the Revenue Commis- informed by the Revenue Commissioners that the sioners, to undertake a detailed review of various most recent year for which complete relevant property tax reliefs and exemptions. These reliefs information is available in relation to local auth- include the tax incentives for park and ride facili- ority service charges is for the income tax year ties. Therefore, it would not be appropriate to 2002. The following is the information requested consider the introduction of an extension to the for income tax years 1997/1998 and 2002. terms of this relief at this stage. 577 Questions— 11 October 2005. Written Answers 578

Flood Relief. exceeding \381,000 (up to 1 December 2004) and exceeding \635,000 (on or after 2 December 199. Mr. Healy asked the Minister for Finance 2004) were the same for all residential purchasers, the position regarding the Clonmel flood allevi- it is not possible to distinguish first time buyer ation scheme; the outcome of the public consul- transactions in excess of these values. However, tation process; the timescale for the scheme; if the where first-time buyers paid stamp duty at a scheme will be fast-tracked as it is outstanding for lower rate than other buyers, this category of a considerable number of years with consequent buyers is separately identifiable as first-time buy- hardship to homeowners and the business com- ers and as such a record of their number exists. munity due to severe flooding. [27643/05] In this respect, the number of transactions relat- Minister of State at the Department of Finance ing to first time buyers paying stamp duty at these (Mr. Parlon): Proposals for alleviating the risk of particular rates in 2004 was 7,632. flooding in Clonmel were placed on public dis- The Department of the Environment, Heritage play during the month of May this year. The exhi- and Local Government, in its annual housing bition was well attended and a large number of statistics bulletin, estimates that 34% of all new observations were received. These observations houses purchased in 2004 were bought by first- have now been considered by the Office of Public time buyers. Works and the steering committee on the Clonmel project, which includes officials from Flood Relief. Clonmel Borough Council and South Tipperary 201. Mr. McGuinness asked the Minister for County Council, and responses are currently Finance if compensation has been awarded to being prepared. Discussions are also ongoing with property owners affected by the River Nore flood some landowners to resolve specific issues on relief scheme; the number of property owners the schemes. that have made a claim; the amount awarded to Tenders have been received for the site investi- date; the final cost of the claims; and if he will gation contract and are currently being examined, make a statement on the matter. [27765/05] with the intention to proceed with the investi- gation work upon conclusion of the vetting pro- cess. A brief has also been prepared in relation Minister of State at the Department of Finance to the supply of demountable flood defences and (Mr. Parlon): Work on the River Nore, Kilkenny it is hoped to advertise for this shortly. The site City, drainage scheme was carried out by the investigation must be complete before the Office of Public Works under the provisions of detailed design of the schemes can be under- the Arterial Drainage Acts 1945 and 1995. These taken. These investigations along with the Acts also make provision for the assessment and detailed design, which will be followed by the payment of compensation in respect of works car- procurement process for a works contractor mean ried out under the scheme. Where it is felt that that works could commence in the autumn of loss or damage has been suffered as a result of 2006. The OPW will carefully monitor the prog- the works, it is open to the party concerned to ramme in order to commence works at the earl- submit a claim for compensation upon com- iest possible date. pletion of the scheme. It should be noted that any benefit incurred to a property as a result of the scheme works will be offset against any losses sus- House Purchases. tained. To date, the Office of Public Works has 200. Mr. Gilmore asked the Minister for Fin- received seven compensation claims. While all ance the number of first-time buyers who pur- claims have not yet been settled the amount chased houses in 2004. [27750/05] awarded to date, inclusive of costs, is \259,979.02.

Minister for Finance (Mr. Cowen): Iam Budget Submissions. informed by the Revenue Commissioners that data on the number of first-time buyers is only 202. Mr. F. McGrath asked the Minister for available in part through stamp duty receipts. Finance if all children and adults with disabilities However, as not all first-time buyers are liable to will be given the maximum support in budget stamp duty and where stamp duty receipts refer 2006. [27847/05] to more than one category of buyer, reliable statistics regarding the number of first-time buy- Minister for Finance (Mr. Cowen): As ers cannot be determined. Deputies are aware it is a longstanding practice No stamp duty applies in the case of new resi- of the Minister for Finance not to comment in dential property for owner occupiers including advance of the budget on possible budget first time buyers, which does not exceed 125 sq. decisions. m. in floor area. In this respect no information is available as regards such purchasers. In addition, 203. Mr. F. McGrath asked the Minister for as stamp duty rates for property transactions Finance if all children living in poverty will be 579 Questions— 11 October 2005. Written Answers 580

[Mr. F. McGrath.] Drainage Schemes. given the maximum support in budget 2006. 206. Mr. Hayes asked the Minister for Finance [27848/05] the provisions which will be made to safeguard premises (details supplied) in County Tipperary Minister for Finance (Mr. Cowen): As in the context of the proposed drainage scheme Deputies are aware it is a longstanding practice for the River Suir in Clonmel, County of the Minister for Finance not to comment in Tipperary. [28039/05] advance of the budget on possible budget decisions. Minister of State at the Department of Finance (Mr. Parlon): The Office of Public Works’ con- Drainage Schemes. sulting engineers, E. G. Pettit & Company, have established that the ground floor level of the 204. Mr. Ring asked the Minister for Finance if building in question is above the predicted 100 he will ascertain from the Office of Public Works year flood level by 1.75 m and therefore should if a water course (details supplied) in County not be susceptible to flooding from this extreme Mayo will be cleaned by them; and if the Office event. However, it is accepted that the basement of Public Works is not responsible for this water level of the building in question is 0.6 m below course then who has responsibility for the clean- the same flood level. There is an embankment ing and piping of this drain which floods the between the river and the building in question adjoining lands considering that they are not and it is our intention, with the owner’s per- owned by the landowner. [27853/05] mission, to carry out investigations as part of the site investigation contract to discover the per- Minister of State at the Department of Finance meability of this embankment. Should works be (Mr. Parlon): The drain in question does not form required to make this embankment impermeable any part of any drainage scheme for which the then it will be examined at detailed design stage. Commissioners of Public Works have a mainten- I have arranged for the consulting engineer to ance responsibility under the Arterial Drainage contact the owner of the hotel to discuss the Act 1945. I understand responsibility for the matter. cleaning of the drain rests with the landowner. Fisheries Protection. Flood Relief. 207. Mr. Eamon Ryan asked the Minister for 205. Mr. McGuinness asked the Minister for Communications, Marine and Natural Resources the approximate cost to the Exchequer of the Finance the person carrying out the repairs to quota and tagging system; the scientific advice houses (details supplied) which were affected by available to him as to the maximum commercial the River Nore flood relief scheme; if residents fishing quota consistent with conservation needs; affected by the scheme will be contacted by the the commercial fishing quotas appointed; the contractors or the Office of Public Works commercial catch; the benefit to wild salmon officials; and if he will make a statement on the stocks derived from the operation of the scheme matter. [27903/05] over the period for each of the years 2002 to 2005 in relation to wild salmon. [27316/05] Minister of State at the Department of Finance (Mr. Parlon): I am advised by my officials in the Minister of State at the Department of Office of Public Works that arrangements are Communications, Marine and Natural Resources currently being put in place for the carrying out (Mr. Gallagher): The wild salmon and sea trout of repairs to the houses at Johns Quays which tagging scheme, which was introduced for the first were affected by the flood relief scheme. An time in 2002, provides a mechanism to limit the official from the OPW will be in contact with the total allowable commercial catch, TAC, of wild owners of the properties affected over the next salmon. Details of the catch and TAC are as month in order to progress this matter. follows:

Wild Salmon and sea trout Catch 2001-2005

Year Commercial

Drift Draft Other Total TAC Angling Total Catch

2001 197,172 30,861 5,368 233,401 26,074 259,475 2002 179,177 23,032 4,690 206,899 219,619 29,408 236,307 2003 141,222 21,100 4,552 166,874 182,000 20,888 187,762 2004 120,303 19,443 3,860 143,606 161,951 26,202 169,808 2005 139,900 581 Questions— 11 October 2005. Written Answers 582

Data on the recorded catch by commercial 208. Mr. McGuinness asked the Minister for salmon fishermen in 2005 will not be formally Communications, Marine and Natural Resources available until later this month and early next his policy on the taking of fish by illegal means year in the case of the angling catch, when full from rivers throughout the country; if the appro- analysis of exploitation during the season has priate levels of staff are in place in each district been completed by the central and regional fish- to enforce this policy; if the staff are fully trained eries boards. The scheme has seen the TAC from and resourced; if they have the support of man- 219,619 fish in 2002 to 139,900 fish for the 2005 agement; and if he will make a statement on the season. This represents a cut of over 36% over a matter. [27401/05] four year period. The tagging scheme is operated by the central Minister of State at the Department of and regional fisheries boards and is designed, Communications, Marine and Natural Resources among other things, to deliver accurate statistics (Mr. Gallagher): The Deputy will be aware that on the commercial and recreational wild salmon there is a considerable body of legislation, both and sea trout fisheries, fishing activity and sales primary and secondary, relating to the illegal cap- and disposals. I am advised by the fisheries ture of fish from rivers. This legislation is in place boards that the scheme has made it easier to iden- to conserve and protect our inland fisheries. tify illegally caught salmon, restrict sales outlets Primary responsibility for enforcement of this for such fish and to provide traceability into the legislation rests with the central and regional fish- distribution chain. Importantly, it has provided an eries boards. Each year the Department provides opportunity to enhance the sale value of wild fish over \20 million from the Exchequer to the fish- in that it offers on-line traceability to purchasers eries boards, which employ some 385 staff to of salmon and acts as a quality symbol to enhance carry out their statutory functions. I am satisfied the reputation and value of wild caught salmon. that illegal fishing will not be condoned in any I am advised by the central fisheries board, region. Management fully supports staff in the which co-ordinates the tagging scheme nationally, enforcement of this legislation and ensure that that the average cost of the scheme over the four staff are trained on an ongoing basis and are fully year period from 2002 to 2005 is approximately competent in carrying out their duties. \870,000 per annum and that this funding has been provided out of the annual Exchequer allo- 209. Mr. McGuinness asked the Minister for cation to the fisheries boards. Communications, Marine and Natural Resources As marine Minister, I rely on the advice of the the number of reports submitted by fishery national salmon commission and the management officers in the south east on specific instances of of the central and regional fisheries boards when poaching at sea and in the rivers Barrow, Nore deciding the total allowable commercial catch of and Suir; the number of such reports taken to the salmon each year. In national terms, the latest courts in each year from 2000 to date; the number scientific advice made available to me by the of court cases taken in each district country-wide standing scientific committee of the national relative to the same offence since 2000; and if he will make a statement on the matter. [27402/05] salmon commission is that while there remains an abundance of salmon returning to Irish rivers, the maximum harvest by all fishing methods should Minister of State at the Department of not exceed 122,541 fish in 2005. The scientific Communications, Marine and Natural Resources advice does not distinguish how this catch should (Mr. Gallagher): Under the fisheries acts, be distributed between the various types of fish- responsibility for enforcement of inland fisheries legislation rests primarily with the central and ing engines. regional fisheries boards. In this regard, the In setting the total allowable commercial catch Southern Regional Fisheries Board, which is for 2005 at 139,900 salmon, I recognise that there responsible for the Barrow, Nore and Suir rivers, have been strong concerns expressed over the has provided the following information detailing divergence in the advice from the national salmon the incidences relating to poaching dealt with by commission and that of its standing scientific that board in the period from 2000 to date: committee. However, the basis of the scientific advice changed this year and the immediate Waterford District adoption of the new advice would have meant an additional cut of over 30% on the actual TAC Year Reports Prosecutions On the in 2005. This would have placed an unreasonable Spot burden on the coastal fishing communities that Fines depend on the salmon resource for their liveli- hoods. I have asked the new national salmon 2000 9 8 — commission to advise me on the measures needed 2001 8 7 — to ensure that we align the exploitation of salmon 2002 16 15 — on the scientific advice by 2007. 2003 4 4 — 583 Questions— 11 October 2005. Written Answers 584

[Mr. Gallagher.] legislative provisions relevant to the particular Year Reports Prosecutions On the case presented to it by Dublin Port Company. In Spot this context, the two Departments agreed that it Fines was necessary to seek the advice of the Attorney 2004 6 5 9 General on the matter, in particular regarding the process applicable to the proposal by Dublin Port 2005 6 Pending 2 Company to make available to the Anna Livia Consortium a site in order to facilitate the development of the national conference centre Lismore District together with further and complementary com- mercial development. Some advice was received Year Reports Prosecutions On the Spot Fines from the Attorney General on 29 July 2005 in this regard and further advice is awaited. A reply to 2000 4 4 — the Dublin Port Company letter of 18 May will issue when all the necessary advice is to hand and 2001 2 2 4 fully considered. 2002 3 3 4 2003 2 2 — Mobile Telephony. 2004 3 2 7 2005 — — 7 211. Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources his views on the need for ready to go phones to I am advised by the Central Fisheries Board, be sold only on the presentation of a utility bill which has responsibility for co-ordinating the and proof of identity to ensure issues of trace- fisheries boards’ protection effort, that it has not ability of these phones is attained and therefore been possible within the time available to provide security in their use in all circumstances will be specific details of court cases taken in each fishery addressed; and if he will make a statement on the district countrywide relative to the same offence matter. [27514/05] since 2000. I have asked the chief executive officer of that board to ensure that this infor- Minister for Communications, Marine and mation is collated and forwarded directly to the Natural Resources (Mr. N. Dempsey): As Mini- Deputy within the next two weeks. ster with responsibility for communications policy, I have a keen interest in the appropriate Port Development. protection of users of mobile phones, particularly vulnerable users, including minors. My officials 210. Mr. Haughey asked the Minister for are currently exploring proposals with the indus- Communications, Marine and Natural Resources try designed to provide for the safe and respon- if he has received proposals for the sale of 32 sible use of mobile phones and I hope to be in a acres by the Dublin Port Company for the position to reach a conclusion on these matters development of a national conference centre; his soon. The Deputy no doubt appreciates that I views on this; and if he will make a statement on have no function in security matters generally. the matter. [27504/05]

Minister of State at the Department of Coastal Protection. Communications, Marine and Natural Resources 212. Mr. O’Shea asked the Minister for (Mr. Gallagher): On 18 May, the Department Communications, Marine and Natural Resources received a letter from Dublin Port Company his proposals to increase the level of grant assist- requesting ministerial approval for its proposal to ance to local authorities with low commercial rate enter into an arrangement with a consortium as bases for coastal protection works for 75% to detailed in draft heads of terms attached to the 100% when there are extensive problems; and if letter. The company states that, in essence, the he will make a statement on the matter. proposal provides that, in the event that the con- [27608/05] sortium is successful in its bid for the develop- ment of the national conference centre and Minister of State at the Department of appropriate planning and other consents issue in Communications, Marine and Natural Resources respect of the national conference centre, Dublin (Mr. Gallagher): The position as outlined in reply Port Company will make available a site in order to facilitate the development of the national con- to Parliamentary Question No. 549 remains ference centre together with further and comp- unchanged. lementary commercial development. The Department had a number of consul- Port Development. tations with the Department of Finance regarding 213. Mr. Timmins asked the Minister for the application of the code of practice and the 585 Questions— 11 October 2005. Written Answers 586

Communications, Marine and Natural Resources assessment and report on their potential for his plans to develop the ports at Wicklow Town transfer. and Arklow, County Wicklow; and if he will Pending the above transfers, the Department make a statement on the matter. [27620/05] spent a total of \1.25 million in 2004 on essential works at regional harbours, to protect the public Minister of State at the Department of and the fabric of these harbours, \450,000 of Communications, Marine and Natural Resources which was provided to Arklow harbour. In 2005, (Mr. Gallagher): Wicklow Port Company a similar programme of essential works is being operates under the Harbours Acts 1996 and 2000. undertaken at Arklow harbour at a cost of \1.6 Under the Acts, the primary function of the com- million. I have just approved a further \170,000 pany is the management, control, operation and for additional minor works at the harbour. development of its harbour ensuring that its rev- enue is sufficient to meet its expenditure. The Telecommunications Services. ports policy statement, published in January 2005, sets out Government policy on plans for the 214. Mr. Hayes asked the Minister for development of ports and harbours. It is available Communications, Marine and Natural Resources to view on the Department’s website. if broadband services will be provided to rural The ports policy statement aims to better equip areas due to the demand from householders and the port sector and its stakeholders to meet rural businesses; or if eligibility will be based on national and regional capacity and service needs demand from particular areas by way of signed through: better transport policy coordination; petitions. [27642/05] clearer and more focused commercial mandates for the ports and their boards; reform of the Minister for Communications, Marine and structure of port boards; encouragement of Natural Resources (Mr. N. Dempsey): The pro- private sector investment and involvement; sanc- vision of telecommunications services, including tion for the use of non-core assets to fund new broadband, is a matter in the first instance for port development but not to mask inefficiencies; the private sector companies operating in a fully encouragement of healthy competitive conditions liberalised market, regulated by ComReg, the within and between ports; better consultation and commission for communications regulation. dispute resolution between port companies and I take it the Deputy is referring to the county users through appropriate information sharing and group broadband scheme, GBS. My Depart- and arbitration mechanisms; and encouragement ment is currently administering the second call of mergers where a business case exists. for the county and group broadband scheme. This Ireland, as an island, is dependent on sea-borne scheme is designed to promote investment in trade and the economic significance and import- broadband access infrastructure in rural com- ance of our ports to the prosperity of the country munities with populations of 1,500 or less by con- is self evident. Given our small, open economy, tributing grant aid of up to 55% of the infrastruc- Ireland’s international competitiveness is central ture costs. The county and group broadband to overall economic performance. scheme is co-funded by the e-commerce and The Government expects that the port com- communications measures of the border, mid- panies, as commercial entities, should be capable lands and western and the southern and eastern of funding their operations and infrastructure regional operational programmes of the national requirements without relying on Exchequer sup- development plan. port. The port companies are, therefore, encour- Under the second call of the GBS, a total of aged to seek financial assistance from other 119 projects have been approved to date. So far, avenues such as private sector investment within this represents an investment of \12.4 million in ports. 445 communities covering a population of On Arklow harbour, as indicated in the ports 355,000. In total, grant aid of almost \5 million policy statement, it is proposed that the regional has been approved to date. harbours still operating under the Harbours Act While signed petitions were not a requirement 1946 will be transferred to local authority or port for eligibility under the scheme, my Department company control. Under this policy, consider- did indicate that evidence of the level of demand ation is being given to a proposal to transfer Ark- for broadband services in the local community low harbour to Wicklow County Council. may be required. It was a matter for the appli- Officials from the Departments of Communi- cants to demonstrate demand in whatever way cations, Marine and Natural Resources and the they deemed appropriate and some did rely on Environment, Heritage and Local Government, petitions as evidence of interest. are at present considering the modalities for the I should also add that my Department, in part- transfer of the regional harbours to local auth- nership with local authorities, is constructing ority ownership. The relevant local authorities open access high speed networks in up to 120 have been requested to undertake an overall large towns with populations over 1,500 persons. 587 Questions— 11 October 2005. Written Answers 588

215. Ms McManus asked the Minister for My Department’s website www.broadband. Communications, Marine and Natural Resources gov.ie lists all service providers offering broad- if, in view of the fact that the number of busi- band services in all towns in Wicklow, and gives nesses in the Kilmacanogue, Bray and Wicklow contact details for each company, together with areas have increased and will continue to do so prices for the various service levels on offer. but are being hindered by not having a broad- band connection; his views on when this will be Foreshore Licences. provided; when the upgrading of the exchange in Bray will be completed to expedite the provision 217. Mr. Walsh asked the Minister for of this necessary service; and if he will make a Communications, Marine and Natural Resources statement on the matter. [27753/05] if a decision will be made on an application (details supplied) for a foreshore licence in 216. Mr. Timmins asked the Minister for County Cork. [27805/05] Communications, Marine and Natural Resources the position in relation to broadband for Kilma- Minister of State at the Department of canogue, County Wicklow; if it will be rolled out Communications, Marine and Natural Resources as a matter of urgency; and if he will make a (Mr. Gallagher): The Department received an statement on the matter. [27787/05] application from Clonakilty Town Council for a foreshore lease for the construction of a tidal bar- Minister for Communications, Marine and rage at Clonakilty. Following a technical examin- Natural Resources (Mr. N. Dempsey): I propose ation of the application by the Department, the to take Questions Nos. 215 and 216 together. town council was asked to consider revising the The provision of telecommunications services, operating conditions applying to the barrage, with including broadband, is a matter in the first a view to ensuring its optimal effectiveness. Pro- instance for the private sector companies posed revised conditions were received from the operating in a fully liberalised market, regulated local authority in March 2005 and the Depart- by the Commission for Communications Regu- ment is now satisfied with the proposals. lation, ComReg, the independent regulator. The The Department has requested clarification upgrading of the Eircom exchange in Bray is a from Clonakilty Town Council on the relation- matter for the company concerned. ship between the revised operating conditions It has been clear for some time that the sector and the terms of the permission for the project has failed to invest at the level necessary to keep granted by An Bord Pleana´la, and will be in a pace with the demand for broadband, so my position to finalise consideration of the appli- Department’s regional broadband programme is cation when a response has been received. addressing the infrastructure deficit by building high speed open access broadband networks, in Port Development. association with the local and regional auth- orities, in the major towns and cities. These 218. Mr. F. McGrath asked the Minister for metropolitan area networks, MANs, will allow Communications, Marine and Natural Resources the private sector to offer world-class broadband the position regarding the proposed 52 acre in-fill services at competitive costs. of Dublin bay; and if a strategy will be devised to Some 19 MANs are now completed, and a develop ports along the east coast in order to further seven are nearing completion. The second relieve congestion in Dublin port and to ensure phase of the programme involves the building of that Dublin bay is protected from this proposed MANs in a further 93 towns with a population of in-fill. [27843/05] 1,500 and above that do not have a satisfactory broadband offering from the sector. Design and Minister of State at the Department of procurement has already commenced in four Communications, Marine and Natural Resources towns in Wicklow under phase two, namely Kil- (Mr. Gallagher): As I indicated in my reply to coole, Enniskerry, Newtownmountkennedy and Questions Nos. 559, 560, 561 and 562 of 28 Blessington. September 2005, certain issues arose concerning For rural communities and smaller towns, such Dublin Port Company’s title to the area in which as Kilmacanogue and the hinterlands of larger it is proposed to carry out the reclamation. These towns, my Department offers funding under the matters have been the subject of detailed corre- county and group broadband scheme to enable spondence between the State’s legal services and these communities to become self-sufficient in the company’s legal advisors, and it is anticipated broadband, in association with the service pro- that they will be brought to a conclusion in the viders. To date there are four schemes approved near future. for Wicklow County — Rathdrum, North East The application itself will be examined further, Wicklow, Carnew and Laragh. Full details of the in accordance with the appropriate provisions of scheme, including application procedures, are on the Foreshore Acts, when these legal matters are the website www.gbs.gov.ie. concluded. The foreshore process will include a 589 Questions— 11 October 2005. Written Answers 590 period of public consultation, providing an ionising radiation from communications sites opportunity for interested persons or bodies to including masts. I will ask my officials to liaise make submissions or observations on the with ComReg to arrange an audit of the site in proposal. question over the next month or so. The proposed development will also require With regard to the action open to the local planning permission, and Dublin Port Company community, the physical siting of telecommuni- has been advised that it is more appropriate that cation masts is a matter for the relevant local the necessary consent under the planning process authorities under the aegis of my colleague, the be obtained before the foreshore application is Minister for the Environment, Heritage and dealt with. Local Government. I am advised that there is cur- The Government’s ports policy statement, rently no scientific or medical evidence that emis- which I launched in January 2005, addressed sions below the level of the internationally recog- among other things, the issue of future seaport nised guidelines from mobile telephone masts are capacity requirements. When launching the ports injurious to health. Ireland has adopted Euro- policy statement, I indicated that one of the key pean Union Council Recommendation of 12 July challenges ahead was the timely provision of 1999 on “the limitation of exposure of the general adequate in-time port capacity. public to electromagnetic fields, 0 Hz to 300 As an initial step, the Department sought infor- GHz”, 1999/519/EC, and the guidelines estab- mation from the commercial ports which handle lished by the International Commission on Non- unit load cargo, including Dublin port, on key Ionising Radiation Protection, ICNIRP, and par- projects identified by them as essential to deal ticipates in the work of the International Com- with anticipated capacity deficiencies to 2014 and mittee on Electromagnetic Safety, which sets beyond. In its response to this request, Dublin standards in this area. All licensed telecom- Port Company provided information to the munications operators in Ireland are required by Department concerning its proposal for the recla- the terms of their licences to observe the ICNIRP mation of 21 hectares of foreshore in Dublin bay. guidelines for limiting exposure of the public to As indicated in the ports policy statement, it is electromagnetic emissions from their facilities. intended to prioritise a range of projects catering for unitised traffic at our commercial ports from Postal Services. an overall economic national and regional per- spective, as opposed to the perceived require- 220. Mr. O’Connor asked the Minister for ments of individual ports. To that end, the Communications, Marine and Natural Resources Department recently appointed Fisher Associ- the position regarding his contracts with the ates, consultants, to advise on refining the criteria workers representatives in respect of issues raised to be used for project evaluation; drawing up a with them regarding An Post; and if he will make uniform template for submission of detailed pro- a statement on the matter. [27902/05] ject proposals; assessing the scope for efficiencies within existing areas of ports handling unitised Minister for Communications, Marine and trade; and evaluating the projects submitted with Natural Resources (Mr. N. Dempsey): I believe a view to the Department’s recommendations to that An Post plays a key role, both in delivery of Government. mails and as a quality service provider through its As an initial step in their assignment, I under- nationwide network of post office outlets. stand that Fisher Associates will shortly consult However, there is universal agreement that with ports, including Dublin and other key stake- change is required if the postal services of An holders on the criteria to be used for project Post are to adapt to the modern business envir- evaluation. onment and to continue to offer a top class nationwide delivery service to the customer into the future. Telecommunications Services. With this in mind, the board and management 219. Mr. O’Connor asked the Minister for of An Post have presented a recovery plan, Communications, Marine and Natural Resources incorporating details of proposed new collection if he will investigate the masts in Whitestown and delivery arrangements, which I believe is vital industrial estate, Tallaght, Dublin 24, which are to the re-establishment of the company on a more the source of huge concerns for the local com- secure financial footing. The plan has assumed munity; the action open to them in relation to this significant changes in work practices, tariff matter; and if he will make a statement on the increases and the payment of wage increases. It matter. [27901/05] sets out the way forward for the company. Adop- tion of restructuring that delivers real change is Minister for Communications, Marine and the only way that An Post can re-establish itself Natural Resources (Mr. N. Dempsey): The Com- on a firm financial footing. mission for Communications Regulation, Com- In order to progress the change agenda, I have Reg, has in the past audited emissions of non- met twice with representatives of the main union 591 Questions— 11 October 2005. Written Answers 592

[Mr. N. Dempsey.] I am keen to see a wider take up of energy in An Post, the Communications Workers Union, efficient technology in buildings, industry and CWU, and met also with representatives of the transport. While many of the measures involved Irish Postmasters Union, IPU, on a total of three are self-financing, with payback periods of as occasions. I have listened with interest to the little as two or three years, I am looking at what views of all parties concerned in relation to the incentives might be needed to improve the rate future of the network and I have emphasised to of take-up and use. For example, increasing the all parties the importance of an early start to the energy efficiency of our building stock reduces company’s modernisation and that management our energy imports, reduces our CO2 emissions and staff sides must engage directly in order to and saves money for the individual household resolve longstanding and deep-seated problems and for the Exchequer. besetting the company. Electricity Generation. Energy Resources. 222. Mr. Sargent asked the Minister for 221. Ms C. Murphy asked the Minister for Communications, Marine and Natural Resources Communications, Marine and Natural Resources if his attention has been drawn to the ESRI’s the new initiatives he will promote and encourage recommendation that the ESB sell three or four energy efficiency in view of the recently of its power stations over the next five years in announced and substantial increase gas prices; order to promote competition in the energy sec- the long-term measures which are in place for tor; and if he will make a statement on the such promotion and encouragement of energy matter. [25016/05] efficiency; and if he will make a statement on the matter. [27924/05] Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey): I am aware Minister for Communications, Marine and of the ESRI recommendations. However, due to Natural Resources (Mr. N. Dempsey): Sus- the significant impact any changes to the elec- tainable Energy Ireland, SEI, which was estab- tricity sector can have on consumers and to the lished as a statutory agency in May 2002, economic well-being of the country, it is implements a wide variety of programmes on important that any decisions regarding future energy efficiency and renewable energy on behalf structure are taken on the basis of robust, inde- of my Department. In addition to providing pendent analysis and advice. As previously con- firmed to the House, I have appointed Deloitte & advice and supporting networks of efficiency Touche to carry out a detailed independent minded organisations and companies, it funds review of the electricity sector in Ireland. This is pilot and exemplary projects that deploy energy to include a detailed examination of ESB’s verti- efficient technologies and are based on cally integrated utility structure and its domi- renewables. nance in the sector, particularly in the area of Regular reviews are conducted on all SEI’s power generation. funding programmes. Factors entering any such The review is currently underway and I am consideration include the establishment of con- expecting the final report by the end of this year. sumer product standards, supplier capability and As part of this report, the consultants will be installation quality assurance systems appropriate required to make specific recommendations as to to consumer markets. This is in addition to the the most appropriate institutional arrangements core requirements of energy and CO2 saving and company structures, including ownership impact, market impact potential, administrative models, for the ESB and, to the extent appro- efficiency and ultimately, value for money for priate, for the electricity sector in general. If the the taxpayer. recommendations are leading towards any change Energy price increases are a strong stimulus to in the structure of ESB, I would expect them to us to look at how much and how we use fuels. be supported by a detailed business case for any There are three main ways to reduce our energy proposals. demand: eliminating waste, cutting back on demand and using fuels more efficiently. Every stage of every process, whether industrial, com- Human Rights Issues. mercial or domestic, will yield efficiencies when 223. Mr. M. Higgins asked the Minister for For- examined and all these savings will aggregate to eign Affairs the position in the investigation of form a substantial total. Even while preserving the death of a person (details supplied) in Saudi our economic growth, energy efficiency will allow Arabia in August 2004; the requests the Govern- us to reduce our energy demand meaning a saving ment has made to the Saudi Arabian authorities on fuel import bills, a contribution to our Kyoto for an investigation in relation to this matter, the commitment on greenhouse gases and a payback progress that has been made with such request; to the Exchequer and to individuals. and his views on whether the reasonable request, 593 Questions— 11 October 2005. Written Answers 594 made formally, by persons in January 2005 for Mfayokurera and Mr. Ndikumana, committed in information deserves a better and fuller response Burundi during its recent conflict. than that which they have received to date. On 20 June 2005 the UN Security Council [27385/05] adopted Resolution 1606, which authorises the UN Secretary General to enter into consultations Minister for Foreign Affairs (Mr. D. Ahern): with the Burundian Government and parties on Regarding the tragic and shocking killing of the his proposals for establishment of a national truth person in question, the Government extended its and reconciliation commission, as provided for in condolences to the family at the time and pledged the 2000 Arusha peace accords, as well as setting to assist them as far as possible in dealing with up a special chamber within the Burundian this traumatic and distressing experience. Since judicial system to try those suspected of genocide, the killing, my Department has sought to assist war crimes and crimes against humanity commit- his widow and family in as understanding and ted since Burundian independence in 1962. Talks sensitive a way as possible. This assistance has on establishing both these mechanisms are likely related to involvement with repatriation of the to commence shortly, following the installation remains, transfer of funds and belongings to his on 26 August of the new democratically elected widow, replacement of a lost death certificate and Burundian Government, led by President provision of interim documents in this regard, Nkurunziza. procurement of the official forensic and police reports and translations of the killing, provision 226. Cecilia Keaveney asked the Minister for of information regarding the belief of the security Foreign Affairs the position in relation to the forces that the perpetrator of the killing was him- status of the investigation into the attempts on self shot in a gun battle with the authorities in the life of a person (details supplied) of Burundi; late December 2004. Concerning the official and if he will make a statement on the matter. investigation, several formal and informal [27452/05] requests have been made to the Saudi authorities in this regard and I am hopeful that this aspect Minister for Foreign Affairs (Mr. D. Ahern): can be taken further shortly. The information available to my Department regarding the status of the investigation into the 224. Cecilia Keaveney asked the Minister for attempted assassination of Mr. Ndihokubwayo Foreign Affairs the position in relation to the dis- remains as stated in my reply to the Deputy of 5 appearance of a person (details supplied) in May 2005. Belarus; and if he will make a statement on the A related but wider concern is to seek to end matter. [27450/05] the culture of impunity which has persisted for too long in Burundi. The establishment of a Minister for Foreign Affairs (Mr. D. Ahern): I national truth and reconciliation commission and regret that there have been no positive devel- the strengthening of the Burundian judicial opments in this matter. The situation remains as system proposed by Secretary General Annan set out in my reply of 5 May 2005 to the Deputy. should contribute significantly to ending the cul- ture of impunity as well as hopefully helping to 225. Cecilia Keaveney asked the Minister for shed light on the many crimes, including those Foreign Affairs the position in relation to the against Mr. Ndihokubwayo, for which those deaths of persons (details supplied); and if he will responsible have not yet been brought to justice. make a statement on the matter. [27451/05] On 20 June 2005 the UN Security Council adopted Resolution 1606, which authorises the Minister for Foreign Affairs (Mr. D. Ahern): UN Secretary General to enter into consultations The information available to my Department with the Burundian Government and parties on regarding the status of the investigation into the his proposals for establishment of a national truth deaths of the two former members of the Burund- and reconciliation commission, as provided for in ian Parliament, Mr. Sylvestre Mfayokurera and the 2000 Arusha peace accords, as well as setting Mr. Innocent Ndikumana, remains as stated in up a special chamber within the Burundian my reply to the Deputy of 5 May 2005. judicial system to try those suspected of genocide, A related but wider concern is to seek to end war crimes and crimes against humanity commit- the culture of impunity which has persisted for ted since Burundian independence in 1962. Talks too long in Burundi. The establishment of a on establishing both these mechanisms are likely national truth and reconciliation commission and to commence shortly, following the installation the strengthening of the Burundian judicial on 26 August of the new democratically-elected system proposed by Secretary General Annan Burundian Government, led by President should contribute significantly to ending the cul- Nkurunziza. ture of impunity as well as hopefully giving renewed impetus into the investigation of the 227. Cecilia Keaveney asked the Minister for many unsolved murders, including those of Mr. Foreign Affairs the position in relation to the 595 Questions— 11 October 2005. Written Answers 596

[Cecilia Keaveney.] democratic political process, strikes a difficult status of the investigation into the dismissing balance between peace and justice. from the parliament of Cambodia of persons The General Affairs and External Relations (details supplied); and if he will make a statement Council of the European Union adopted con- on the matter. [27453/05] clusions on Colombia at its meeting on Monday 3 October 2005. Ireland was actively involved in Minister for Foreign Affairs (Mr. D. Ahern): the negotiation of these conclusions, which princi- There have been no developments since my reply pally address the justice and peace law. The over- to Question No. 210 on 10 May 2005 to the all assessment of the Council was that, if Deputy on this matter. I can assure the Deputy implemented effectively and in a transparent that we, together with our partners in the EU, manner, the law will have a positive effect on will continue to monitor closely the political peace building in Colombia. situation in Cambodia, including the position of The conclusions address the need for a nego- parliamentarians. tiated peace settlement and call for illegal armed groups to demobilise. They also call on all parties 228. Cecilia Keaveney asked the Minister for to the conflict to respect human rights and inter- Foreign Affairs the position in relation to the national humanitarian law and commend the status of the investigation into the assassinations work of the Office of the United Nations High of persons (details supplied); and if he will make Commissioner for Human Rights in Colombia. a statement on the matter. [27454/05] The conclusions also confirm the readiness of the EU and its member states to assist the Colombian 229. Cecilia Keaveney asked the Minister for Government and civil society in providing sup- Foreign Affairs the position in relation to the port for communities affected by the internal con- status of the investigation into the death threats flict, victims groups, local reconciliation activities against a person in Colombia; and if he will make and the reinsertion and demobilisation of child a statement on the matter. [27455/05] soldiers. I recently announced Ireland’s commitment to contribute \390,000 over a three year period to 230. Cecilia Keaveney asked the Minister for the Organization of American States, OAS, Foreign Affairs the position in relation to the peace and verification mission in Colombia. The status of the investigation into the kidnapping of mission’s mandate is to provide comprehensive a person in Colombia; and if he will make a state- support to the Colombian peace process with a ment on the matter. [27456/05] focus both on the demobilization process and on the strengthening of institutions concerned with 244. Cecilia Keaveney asked the Minister for the rule of law. Promoting and defending human Foreign Affairs the position in relation to the case rights and justice are guiding principles of the of persons (details supplied) who have been kid- mission. Ireland will work closely with its col- napped for a number of years; and if he will make leagues in this mission, including in ensuring that a statement on the matter. [27470/05] human rights standards are maintained during the process. 245. Cecilia Keaveney asked the Minister for Ireland was actively involved in negotiating the Foreign Affairs the position in relation to the case recent chairperson’s statement on the situation of of a person (details supplied) who has been under human rights in Colombia which was adopted on threat of assassination; and if he will make a 22 April 2005 at the 61st session of the Com- statement on the matter. [27471/05] mission on Human Rights in Geneva. The state- ment appeals to the government of Colombia Minister for Foreign Affairs (Mr. D. Ahern): I increasingly to address the issue of impunity and propose to take Questions Nos. 228, 229, 230, 244 to take action to improve the capacity and effec- and 245 together. tiveness of the judicial system and to take action In my responses of 5 and 10 May 2005 to writ- where evidence of collusion with paramilitary ten questions from the Deputy regarding these forces is found. cases, I referred to the importance for the My Department will continue to monitor the Colombian peace process of a comprehensive situation in Colombia, and particularly the imple- legal framework for the process of disarmament, mentation of the justice and peace law, through demobilisation and reintegration of the illegal our embassy in Mexico City, as well as in cooper- armed groups, based on the principles of truth, ation with our EU partners with resident embass- justice and reparation. These issues are addressed ies in Colombia. in the recently passed Columbian peace and justice law. That law provides an overall legal 231. Cecilia Keaveney asked the Minister for framework for demobilisation, disarmament and Foreign Affairs the position in relation to the reintegration of illegal armed groups into society. cases of the holding incommunicado detention of The law, which was adopted through a lengthy 11 parliamentarians from Eritrea since 597 Questions— 11 October 2005. Written Answers 598

September 2001; and if he will make a statement Throughout the accession negotiations, the Euro- on the matter. [27457/05] pean Union will expect Turkey to sustain the pro- cess of reform which it has already begun and to Minister for Foreign Affairs (Mr. D. Ahern): work towards further improvements including in Regrettably, there has been no progress towards respect of the principles of liberty, democracy, the release of these 11 Eritrean parliamentarians the rule of law and respect for human rights and since I replied to the Deputy’s Question No. 220 fundamental freedoms and to consolidate and on 10 May 2005. Ireland is greatly concerned by broaden legislation and implementation measures the negative human rights situation in Eritrea and in relation to freedom of expression, freedom of the authorities’ unwillingness to respond to con- religion, women’s rights, trade union rights and cerns expressed by the European Union and the minority rights. international community. Although Eritrea has ratified relevant international agreements for the 233. Cecilia Keaveney asked the Minister for protection of human rights, the fact that the 1997 Foreign Affairs the position in relation to the case constitution has not been implemented denies of a person (details supplied); and if he will make Eritreans a framework within which their rights a statement on the matter. [27459/05] are acknowledged, including the right to appeal to an independent judiciary. The European Minister for Foreign Affairs (Mr. D. Ahern): Union remains engaged in political dialogue with An earlier reply to the Deputy’s question of 10 the Eritrean Government, within the framework May also refers to this matter. Further to the of the Cotonou Agreement. However, due to that information supplied in May, I understand that a Government’s preoccupation with the continuing hearing on the case of Ms Merve Safa Kavakci is stalemate in the Ethiopia-Eritrea peace process scheduled to take place at the European Human and its consequent unwillingness to address other Court of Human Rights in Strasbourg on Thurs- sensitive issues, little progress has been made. day 13 October. As the Deputy will be aware, on Monday 3 232. Cecilia Keaveney asked the Minister for October the General Affairs and External Foreign Affairs the position in relation to the Relations Council, GAERC, approved a frame- cases of 15 former members of the Turkish Grand work for negotiations with Turkey which enabled National Assembly; and if he will make a state- accession negotiations to open as envisaged by ment on the matter. [27458/05] the European Council last December. The shared objective of the EU-Turkey negotiations is Minister for Foreign Affairs (Mr. D. Ahern): I accession. It will be an open-ended process, the refer to my reply to the Deputy’s question of 10 outcome of which cannot be guaranteed in May. Of the 15, the most prominent cases have advance. been those of Ms Leyla Zana and three other In recent years since the election of the members of her Democracy Party, DEP, Mr Government of Prime Minister Erdogan, Turkey Hatip Dicle, Mr Orhan Dogan and Mr. Selim has made very significant progress in the adop- Sadak. The second retrial of their case, which tion of wide-ranging political reforms. Through- opened in December 2004, is continuing. A hear- out the accession negotiations, the European ing took place in Ankara on Friday 7 October Union will expect Turkey to sustain the process and the next hearing is scheduled to take place in of reform which it has already begun and to work December. The trial is expected to last approxi- towards further improvements including in mately six months. Together with our EU part- respect of the principles of liberty, democracy, ners, our Embassy in Ankara is continuing to the rule of law and respect for human rights and monitor developments in the case. Of the 11 fundamental freedoms. Parallel to the accession other former parliamentarians, the situation as negotiations, the EU will also engage with Turkey outlined in the response to the Deputy’s question in an intensive political and civil society dialogue. in May has not changed. In our contacts with the Turkish Government, we As the Deputy will be aware, on Monday 3 will continue to emphasise the central importance October the EU General Affairs and External of full implementation of all aspects of Turkey’s Relations Council, GAERC, approved a frame- reform legislation. work for negotiations with Turkey which enabled accession talks to open as envisaged by the Euro- 234. Cecilia Keaveney asked the Minister for pean Council last December. The shared objec- Foreign Affairs the position in relation to 33 tive of the EU Turkey negotiations is accession. Zimbabwean parliamentarians; and if he will It will be an open-ended process, the outcome of make a statement on the matter. [27460/05] which will not be guaranteed in advance. In recent years since the election of the govern- Minister for Foreign Affairs (Mr. D. Ahern): ment of Prime Minister Recep Tagyip Erdogan, Mr. Roy Bennett, the former Movement for Turkey has made very significant progress in the Democratic Change, MDC, member of the adoption of wide-ranging political reforms. Zimbabwean Parliament, was released from 599 Questions— 11 October 2005. Written Answers 600

[Mr. D. Ahern.] In bilateral contacts with Israel, and together prison on 28 June 2005, having served eight with its partners in the EU, the Government has months of the 12-month sentence imposed on him regularly conveyed its concerns about the human for pushing the Zimbabwean Justice Minister rights implications of Israeli security policies, and during a parliamentary debate in May 2004. In a the importance of full compliance with inter- statement which I issued at the time, I very much national humanitarian law. welcomed Mr. Bennett’s release, while noting that his description of the ill-treatment and beat- 237. Cecilia Keaveney asked the Minister for ings to which he and other inmates were sub- Foreign Affairs the position in relation to the case jected in prison, had only served to highlight once of the disappearance of a person (details again the need for democratic reforms and supplied); and if he will make a statement on the improved respect for human rights in Zimbabwe. matter. [27463/05] Regrettably, opposition politicians and sup- porters and members of civil society, including Minister for Foreign Affairs (Mr. D. Ahern): the other 32 parliamentarians referred to in the My Department does not have any new or Deputy’s questions, continue to be subjected to additional information regarding the disappear- ongoing harassment, intimidation and arbitrary ance of Dr. Hitimana, other than that contained arrest and imprisonment by the Zimbabwean in my reply to the Deputy’s Question No. 210 of authorities. 10 May 2005. The human rights situation in Zimbabwe has, if anything, deteriorated even further in recent 238. Cecilia Keaveney asked the Minister for weeks, following the approval by the Foreign Affairs the position in relation to the case Zimbabwean Parliament of a series of consti- of persons (details supplied); and if he will make tutional changes which will allow the government, a statement on the matter. [27464/05] inter alia, to impose travel bans on those sus- pected of undermining the national interest. Minister for Foreign Affairs (Mr. D. Ahern): Ireland and our EU partners will continue to take The position remains as set out in my reply of 10 the lead internationally, including at the current May 2005 to a question from the Deputy on these UN General Assembly session, in highlighting the cases, which involve the imprisonment of two serious human rights situation in Zimbabwe and former members of the People’s Council of the pressing for an end to attacks on basic human Syrian Arab Republic. The EU has conveyed its freedoms by the Zimbabwean authorities. concerns to the Syrian authorities, and continues to monitor the cases through the Presidency’s and 235. Cecilia Keaveney asked the Minister for member states’ missions in Damascus. Foreign Affairs the position in relation to the ongoing cases of assassinations, deaths in custody 239. Cecilia Keaveney asked the Minister for and parliamentarians in detention or imprisoned Foreign Affairs the position in relation to the in Myanmar; and if he will make a statement on murder of a person (details supplied) in January the matter. [27461/05] 2000; and if he will make a statement on the matter. [27465/05] Minister for Foreign Affairs (Mr. D. Ahern): There have been no developments since my reply Minister for Foreign Affairs (Mr. D. Ahern): to Question No. 207 on 10 May 2005 on the part- There have been no developments since my reply icular cases that the Deputy raises. Insofar as the to Question No. 212 on 10 May 2005 to the general human rights situation in Burma-Myan- Deputy on this matter. I can assure the Deputy mar is concerned, I refer the Deputy to my reply that we, together with our partners in the EU, to Questions Nos. 37, 44, 66 and 104 on 6 will continue to monitor closely the political October 2005. situation in Indonesia. Human rights issues are regularly raised in discussions with the Indone- 236. Cecilia Keaveney asked the Minister for sian authorities. In this regard, the EU troika of Foreign Affairs the position in relation to the case heads of mission in Jakarta raised concerns on of a person (details supplied); and if he will make respect for human rights when they de´marched a statement on the matter. [27462/05] the Indonesian Foreign Ministry on 10 June last.

Minister for Foreign Affairs (Mr. D. Ahern): 240. Cecilia Keaveney asked the Minister for The situation remains as set out in my reply of 10 Foreign Affairs the position in relation to the case May 2005 to a question from the Deputy on this of a person (details supplied); and if he will make case. The Government shares the concerns which a statement on the matter. [27466/05] have been expressed about the conduct of the case and the conditions under which the person Minister for Foreign Affairs (Mr. D. Ahern): is being held. We are continuing to monitor the Mr Anwar, the former Deputy Prime Minister of case. Malaysia, was recently awarded approximately \1 601 Questions— 11 October 2005. Written Answers 602 million in damages by the Malaysian High Court informed the court that he was unable to attend against the author of a book entitled “50 Reasons due to his illness. Why Anwar Cannot Be PM”. The book, which I am advised also that Mr. Makhdoom Javed contained graphic sexual allegations as well as Hashmi, leader of the Alliance for Restoration of allegations of corruption, was published in 1998 Democracy Party, who is serving a 23-year prison and was used against Mr. Anwar in his dismissal sentence for charges relating to defamation of the from office in 1998 and subsequent sentencing Pakistan authorities, applied for bail in July. I and imprisonment. In August, Mr. Anwar also understand the Supreme Court decided not to sought and won a public apology from a former take up the bail application due to a shortage of police chief for the abuse he received while in time and adjourned the case for an indefinite custody. period. There have been no other significant devel- Ireland and our EU partners continue to dis- opments since my reply to Parliamentary Ques- cuss human rights and democratisation issues tion No. 213 on 10 May last on this matter from with the Pakistan authorities on a regular basis. the Deputy. I have instructed our embassy in On 30 June last, the EU Troika of Heads of mis- Kuala Lumpur to continue to monitor closely any sion in Islamabad carried out the regular half- developments with regard to Mr. Anwar, who, yearly human rights de´marche with the Secretary while acquitted and released in September 2004, of the Pakistani Ministry of Law, Justice and is prevented from holding political office until Human Rights. Concerns about human rights April 2008. were conveyed and the case of Mr. Zardari was 241. Cecilia Keaveney asked the Minister for raised. We will continue to monitor closely the Foreign Affairs the position in relation to the case two cases the Deputy has raised in the period of the murder of a person (details supplied) in ahead. Mongolia in 1998; and if he will make a statement on the matter. [27467/05] Questions Nos. 244 and 245 answered with Question No. 228. Minister for Foreign Affairs (Mr. D. Ahern): There have been no developments since my reply 246. Cecilia Keaveney asked the Minister for to Question No. 214 on 10 May 2005 to the Foreign Affairs the position in relation to the case Deputy on this matter. I assure the Deputy that of the murders of persons (details supplied) in we, together with our partners in the EU, will January 2000; and if he will make a statement on continue to monitor closely this particular case the matter. [27472/05] and more generally the political and human rights situation in Mongolia. Minister for Foreign Affairs (Mr. D. Ahern): As I have previously informed the Deputy in 242. Cecilia Keaveney asked the Minister for reply to a written parliamentary question on 10 Foreign Affairs the position in relation to the case May 2005, I am aware that the Inter-Parliamen- of the torture of a person (details supplied) in tary Union, IPU, at its meeting from 3 to 9 April January 2000; and if he will make a statement on 2005 in Manila adopted a resolution regarding the the matter. [27468/05] murders of Jaime Ricaurte Hurtado Gonza´lez and Pablo Vicente Tapia Farinango. I share the 243. Cecilia Keaveney asked the Minister for view of the IPU that due process is essential in Foreign Affairs the position in relation to the case such cases. of the holding in solitary confinement of a person In a statement on recent political developments (details supplied); and if he will make a statement in Ecuador issued on 21 April 2005, the Luxem- on the matter. [27469/05] bourg Presidency, on behalf of the European Union, called for every effort to be made to Minister for Foreign Affairs (Mr. D. Ahern): I strengthen the democratic process and State insti- propose to take Questions Nos. 242 and 243 tutions in that country. My Department will con- together. tinue to monitor the situation in Ecuador in co- There have been some developments in these cases since my reply to Questions Nos. 215 and operation with our EU partners with resident 216 from the Deputy on 10 May 2005. I under- embassies in Quito. However, I am unaware of stand that Mr. Asif Ali Zardari, leader of the any further developments in the case cited by the Pakistan People’s Party and husband of exiled Deputy since my previous answer of 10 May 2005. former Prime Minister, Benazir Bhutto, has recently been in the United States receiving treat- 247. Cecilia Keaveney asked the Minister for ment for a heart condition. In early September, Foreign Affairs the position in relation to the his re-arrest was ordered by an anti-corruption murder investigation of a person of Honduras in court in Pakistan for failure to attend trial hear- 1988; and if he will make a statement on the ings. Lawyers for Mr. Zardari have said that they matter. [27473/05] 603 Questions— 11 October 2005. Written Answers 604

Minister for Foreign Affairs (Mr. D. Ahern): parties to give their support to the new policing As I have previously informed the Deputy in arrangements. reply to a written parliamentary question on 10 In the context of local policing, the British May 2005, I am aware that the Inter-Parliamen- Government has also stated that it is considering tary Union, IPU, at its meeting from 3 to 9 April introducing community support officers in 2005 in Manila adopted a resolution regarding Northern Ireland. These officers would carry out ongoing court proceedings in the case of the mur- patrols and exercise certain limited functions in der of Mr. Miguel Angel Pavo´ n Salazar in Hond- dealing with anti-social behaviour but would not uras. I share the view of the IPU that due process have the powers of a fully-fledged police officer. is essential in such cases and I assure the Deputy The British authorities have stated that recruits that my Department will continue to monitor the would be subject to the same vetting as regular situation in Honduras in co-operation with our police officers. In line with its commitment to the EU partners with resident embassies in Teguci- full implementation of the Patten report, the galpa. I am not aware of any further devel- Government will be in continuing discussion with opments in relation to this matter. the British Government on this and other aspects of policing. Official Travel. 248. Mr. F. McGrath asked the Minister for Official Travel. Foreign Affairs if he intends to visit Mr. Hugo 250. Mr. O’Connor asked the Minister for For- Chavez, President of Venezuela in the next 12 eign Affairs his relationship with Ukraine and his months; and if he will consider the proposal to contacts with the Government; the position invite him here. [27844/05] regarding the Ukraine’s interest in joining the European Union; and if he will make a statement Minister for Foreign Affairs (Mr. D. Ahern): on the matter. [27940/05] There are no plans for ministerial or State visits between Venezuela and Ireland at this time. Our Minister for Foreign Affairs (Mr. D. Ahern): A programme of visits, both outward and inward, is new chapter opened in bilateral relations kept under review on an ongoing basis. between Ireland and Ukraine after the momen- tous democratic change which culminated in the Northern Ireland Issues. inauguration of Viktor Yushchenko as President last January. I am pleased to say that contacts at 249. Mr. O’Connor asked the Minister for For- political level have been stepped up very con- eign Affairs his views regarding independent siderably. The Minister of State, Deputy Lenihan, policing in Northern Ireland; the contacts and dis- represented Ireland at the inauguration of Pres- cussions he has had in the matter; and if he will ident Yushcenko. In April, the Minister of State, make a statement on the matter. [27939/05] Deputy Treacy, had a meeting at Shannon with President Yushchenko and Foreign Minister Tar- Minister for Foreign Affairs (Mr. D. Ahern): asiuk. In July, I had the pleasure of being the first The Patten report recommended the establish- Irish Foreign Minister to make an official visit to ment of a human rights-orientated, community Ukraine. My visit included substantive discussion police force in Northern Ireland. The force was of bilateral relations, as well as EU-Ukraine to be democratically accountable and reflective of relations and regional issues of mutual interest, the community it served. In his latest report, the with President Yushchenko, Parliamentary oversight commissioner, who monitors the imple- Speaker Lytvyn and Foreign Minister Tarasiuk. mentation of the Patten reforms, stated that 65% The Ceann Comhairle and six members of the of the recommendations had been fully Oireachtas visited Kiev last week at the invitation implemented and that overall progress was very of the Speaker and had an equally full prog- satisfactory. The main obstacles to full implemen- ramme of meetings. I have accepted Foreign tation of the vision of Patten were a lack of full Minister Tarasiuk’s proposal that he make a support from the community and the ongoing return official visit to Ireland later this month to street disturbances associated with the marching sustain the momentum and move the developing season. relationship forward. I have had meetings with many of the key Ukraine faces huge challenges in consolidating stakeholders in policing in Northern Ireland, democratic accountability and pushing forward including the Chief Constable, the Police with political and economic reform. To the extent Ombudsman, members of the policing board and possible, I want Ireland to encourage and support district policing partnerships. I concur with the Ukraine politically and practically in this process. Oversight Commissioner for Policing, Al Hutch- The European Union and many member states inson, in his assessment that a new beginning to are similarly engaged. There is, for example, policing in Northern Ireland is well under way. I strong interest on the Ukrainian side in being have also consistently underlined the need for all able to learn from Ireland’s experience of econ- 605 Questions— 11 October 2005. Written Answers 606 omic transformation. I was pleased to be able to context, the views expressed by Tourism Ireland’s announce in Kiev that Ireland is ready to assist Chief Executive at a recent hearing of the Ukraine in the area of administrative capacity Oireachtas Joint Committee on Arts, Sport and building, in the amount of one million euro over Tourism were completely in accordance with my a three-year period. own. Ireland needs to ensure it is ideally posi- The European Council decided last December tioned to capitalise on US tourism business and that EU-Ukraine relations would be intensified Shannon Airport is, and will remain, a key player through the European neighbourhood policy. in bringing this business to Ireland and the west, The three year joint action plan signed on 22 in particular. February is the instrument through which the EU is supporting political and economic reform in Sports Capital Programme. Ukraine. The EU-Ukraine Summit in Kiev on 1 December will take stock of progress in imple- 252. Mr. O’Connor asked the Minister for Arts, mentation of the action plan. Under the Treaty Sport and Tourism when he will advertise the on European Union, Ukraine as a European next round of the sports capital programme; and country is eligible to apply for membership of the if he will make a statement on the matter. EU provided it complies with the relevant [27623/05] criteria. I articulated this position when in Kiev in July. I signalled that if, in the future, Ukraine Minister for Arts, Sport and Tourism (Mr. sought to exercise its right to apply for member- O’Donoghue): The national lottery funded sports ship, Ireland would in principal be generally sup- capital programme, which is administered by my portive. I noted at the same time that there was Department, allocates funding to sporting and a mood among the people of the Union to hasten community organisations at local, regional and slowly as regards enlargement beyond those national level throughout the country. The prog- already in prospect. Fundamentally, it would be ramme is advertised on an annual basis. Appli- a matter for the people of Ukraine, their Parlia- cations for funding under the 2005 programme ment and leaders to ensure that the necessary were invited through advertisements in the press reforms were put in place to meet the criteria for on 5 and 6 December last and I announced pro- membership. The Union’s absorption capacity visional grant allocations under the programme would also be a significant factor, as is set out in of \54.385 million in July last. I intend to invite the Copenhagen criteria. applications to the 2006 programme later this year. State Airports. 251. Mr. J. Breen asked the Minister for Arts, Community Games. Sport and Tourism if he supports the view of 253. Mr. O’Connor asked the Minister for Arts, Tourism Ireland in relation to changing the bilat- Sport and Tourism his plans to meet the com- eral status of Shannon Airport; and if he will munity games organisation, to discuss its needs make a statement on the matter. [27493/05] with regard to the annual national finals held for many years in Mosney holiday centre; his views Minister for Arts, Sport and Tourism (Mr. on the need for a permanent home for the annual O’Donoghue): My colleague, the Minister for games; and if he will make a statement on the Transport, Deputy Cullen, is responsible for avi- matter. [27624/05] ation policy. From a tourism perspective, I have made my views on this issue known on many occasions. I support the renegotiation of the Minister for Arts, Sport and Tourism (Mr. Ireland-US Bilateral Air Agreement as a means O’Donoghue): I have not been approached, in of enhancing the benefits to Ireland from recent times, by the community games organis- additional air services and enhanced visitor flows ation for a meeting. As the Deputy is aware, fol- to both Shannon and Dublin. However, I am also lowing a series of meetings last year with rep- conscious of the need to provide for an orderly resentatives of the National Community Games phasing out of the Shannon stop requirements, to discuss issues relating to the hosting of the thereby enabling the new airport authority in annual community games finals in Mosney, I Shannon to build up its overall business and approved funding of \100,000 towards the reno- develop a medium to long-term strategy to optim- vation of the accommodation at the Mosney ise the significant potential for expansion on the holiday centre specifically to ensure that the transatlantic route. facilities there were of a comfortable standard for This was the clear recommendation arising use by the community games participants. In the from the tourism policy review group report — context of those discussions the Reception and New Horizons for Irish Tourism — and the tour- Integration Agency, RIA, confirmed its continu- ism action plan implementation group has re-iter- ing willingness to facilitate the availability of ated the urgent need to resolve this issue. In that Mosney to host the community games. 607 Questions— 11 October 2005. Written Answers 608

[Mr. O’Donoghue.] camps, acclimatisation and full medical and The community games representatives have science support. expressed their satisfaction with the range and quality of the facilities and services available at Sports Funding. Mosney and their suitability for future national events. They also acknowledged that there is no 255. Mr. Healy asked the Minister for Arts, other venue in Ireland with the scale and variety Sport and Tourism the position regarding funding of facilities required for their national events as the outstanding capital debt of a centre (details currently structured and also that any question of supplied) in County Tipperary. [27637/05] providing a special, dedicated venue on the scale required, which would be used only a few times Minister for Arts, Sport and Tourism (Mr. a year, would be completely unrealistic. O’Donoghue): I am aware of the issues arising at I am pleased that the RIA has confirmed that the Tipperary Excel Centre, but am unfortunately for as long as the agency continues to use Mos- not now in a position to provide the funds ney, the community games can avail of the facili- requested by the project. ties there. A new contract for the use of the centre was signed between Mosney Irish Holidays Electronic Records Preservation. Limited and the Minister for Justice, Equality and Law Reform on 18 November 2004. 256. Ms C. Murphy asked the Minister for Arts, Sport and Tourism the challenges there are at present and the challenges it is foreseen will Olympic and Paralympic Games. develop in the future where the preservation of 254. Mr. O’Connor asked the Minister for Arts, electronically stored records is concerned; the Sport and Tourism if he has met the Olympic way in which he will address these challenges; and Council of Ireland and the relevant sporting if he will make a statement on the matter. bodies to discuss plans for the Beijing Olympics [27923/05] 2008; his views on the need to properly prepare the Irish team in that regard; and if he will make Minister for Arts, Sport and Tourism (Mr. a statement on the matter. [27625/05] O’Donoghue): My Department has a policy on records management covering procedures relat- Minister for Arts, Sport and Tourism (Mr. ing to the creation, maintenance and eventual dis- O’Donoghue): I have discussed preparations for position of records. The policy, inter alia, includes the Beijing Olympics with both the president of the legal requirements relating to the preser- the Olympic Council of Ireland and the chairman vation of records in accordance with the National of the Sports Council and am at one with them Archives and freedom of information legislation on the need to ensure that our preparations for and sets out procedures concerning the preser- Beijing take cognisance of the issues highlighted vation of electronic records, including e-mail, in the Athens review. Accordingly, I welcome the computer generated reports and documents pre- fact that the Irish Sports Council has put together pared on personal productivity software, for an operational plan, which identifies key per- example, word processing software. formance indicators, timescales and costings and The immediate issue for my Department is the the roles of the various agencies in supporting implementation of the Government’s decentralis- Ireland’s Olympic and Paralympic preparations ation programme which poses significant chal- for Beijing. The plan encompasses elements such lenges in regard to the preservation and mainten- as the introduction of targeted sport performance ance of the integrity of all my Department’s plans including prioritising junior, development records, not least those in electronic format. This and elite athletes; a review of the international is a key issue which is being addressed in the con- carding scheme; proposals for the development of text of the risk analysis carried out in regard to an Irish institute of sport; maintaining and the Department’s implementation of the decen- enhancing the role of the Olympic and Para- tralisation programme. lympic performance committees to ensure opti- In the wider context, much of the business of mum co-operation in the preparation and per- Government is now transacted electronically and formance of the Irish team for the Beijing departmental records are increasingly being Olympic games, and the strengthening of the created and maintained electronically. Other Olympic Council of Ireland’s administrative records that were created on paper are being capacities. digitised as part of large-scale projects linked to The Olympic performance committee and the the delivery of e-Government. The digital ver- Paralympic performance committees have met on sions of the latter records also have to be main- a number of occasions in 2005. The meetings have tained electronically. The preservation of these focused on strengthening cooperation between records presents a number of challenges. the key agencies and on athlete preparation, As the Deputy is aware, the National Archives particularly in regard to pre-games training which is part of my Department has statutory 609 Questions— 11 October 2005. Written Answers 610 responsibility for departmental records, that is, Minister for Enterprise, Trade and Employ- the records of all Departments, the courts and the ment (Mr. Martin): IDA Ireland is an auton- bodies listed in the Schedule to the National omous statutory agency set up under the Indus- Archives Act 1986. It oversees the ongoing imple- trial Development Acts 1986-2003. The agency mentation of the provisions of the Act, and the operates in accordance with the provisions of the regulations and guidelines made under the Act, Acts and under the aegis of my Department. with regard to the preservation or disposal of The management of IDA Ireland’s industrial such records and their transfer to the National property portfolio is a day-to-day operational Archives. matter for the agency as part of the statutory In accordance with the National Archives Act responsibility assigned to it by the Oireachtas and 1986, the long-term preservation of electronic not a matter in which I have any function. I records is the responsibility of the National understand that ongoing discussions are taking Archives while in the short term each Depart- place between IDA’s property executives and the ment and public body has responsibility for the parties mentioned by the Deputy. preservation of its own electronic records. As yet there is no proven long-term storage medium for Metrology Service. the preservation of records in digital form. To guard against loss of records due to the physical 258. Mr. Deenihan asked the Minister for deterioration of the media on which they are Enterprise, Trade and Employment the position stored, regular and continuing migration of such regarding the legal status of the national metrol- ogy laboratory; and if he will make a statement records to new storage media is required. on the matter. [27367/05] Records created in proprietary software systems will have to be carried forward through later ver- sions of these proprietary formats or, if practi- Minister of State at the Department of cable, exported to non-proprietary formats for Enterprise, Trade and Employment (Mr. M. Ahern): The National Standards Authority of permanent preservation. One of the challenges Ireland, NSAI, has legislative responsibility for will be to maintain functionality of systems over all metrology in the State. The Metrology Act time in these circumstances. Migration of records 1996 provided for the establishment of a legal to new systems and formats will have to be under- metrology service within Forbairt and for its func- taken in ways that will ensure their authenticity, tions to be exercised through the director of legal reliability and evidential value over time. metrology. Section 21 of that Act deals exclus- As a first step in addressing these and other ively with national metrology functions and electronic record issues, in June 2003, I appointed defines the legal basis and locus of responsibility to the staff of the National Archives a profession- for functions related to all metrology in the State. ally qualified archivist with specific and exclusive Subsequently, responsibility for metrology was responsibility for electronic records. Since then transferred from Forbairt to the NSAI by virtue some progress has been made in the development of the Industrial Development (Enterprise of an electronic records unit within the National Ireland) Act 1998. Section 51 of this Act also gave Archives, the development of strategies for the specific responsibility to NSAI “to promote the long-term preservation of electronic records use and application of metrology in the State”. covered by the National Archives Act and in The metrology laboratory, located on the drafting guidelines for the management of elec- Enterprise Ireland campus in Glasnevin, is not a tronic records so as to ensure their survival as legal entity in itself. The laboratory carries out archives. Unfortunately that programme of work functions on behalf of the National Standards has been interrupted due to the recent resig- Authority of Ireland through its staff which are nation of the archivist. My Department is actively Forfa´s staff seconded to Enterprise Ireland. The engaged with the Public Appointments Service to cost of this is borne by NSAI. have this specialist vacancy filled. Further initiat- ives to increase the necessary skill base in the National Archives are also being actively pursued Job Losses. to ensure that in due course all Departments- 259. Mr. Deenihan asked the Minister for offices will be provided with best practice guide- Enterprise, Trade and Employment the number lines for the maintenance of electronic records. of IDA supported jobs which were lost in County Kerry in each of the years from 2000 to 2004 inclusive; and if he will make a statement on the Industrial Development. matter. [27368/05] 257. Mr. Ring asked the Minister for Enterprise, Trade and Employment the reason Minister for Enterprise, Trade and Employ- the IDA has not met persons (details supplied) in ment (Mr. Martin): IDA Ireland is the agency County Mayo to view a vacant property. with statutory responsibility for the marketing of [27317/05] Ireland, including its regions and areas, to over- 611 Questions— 11 October 2005. Written Answers 612

[Mr. Martin.] the EU 25 average. This was based on a calcu- seas investors for foreign direct investment, FDI. lation provided by IDA Ireland. According to IDA Ireland has informed me that it is actively calculations provided by the Central Statistics seeking to win new projects for Kerry in more Office, based on published EUROSTAT figures, advanced, higher value activities, in both manu- the equivalent figure for the south-east, NUTS facturing and services. In addition to its ongoing III, region for the EU 15 for 2002 was 104.5%. marketing of the county to potential new inves- tors, it is also actively seeking to facilitate a pro- Regional Development. gression in the sophistication and breadth of its existing clients’ Irish operations. This means not 261. Mr. O’Shea asked the Minister for only increasing value added in client manufactur- Enterprise, Trade and Employment if the pres- ing operations, but also adding corporate level ence of a university in the south-east region will innovation such as research and development and not further greatly assist IDA Ireland in service, logistics and supply chain management attracting investment from overseas companies to functions alongside manufacturing. the region; and if he will make a statement on the The objective is to create more rounded and matter. [27388/05] strategically important operations within the overall corporation which are better embedded Minister for Enterprise, Trade and Employ- and more suited to the competitive characteristics ment (Mr. Martin): IDA Ireland is the agency of the Irish economy in the medium to long term. with statutory responsibility for the attraction of I am pleased that IDA Ireland is making some foreign direct investment to Ireland, including its progress in this regard with two expansion pro- regions and areas. As part of its FDI promotion jects announced in April 2004 for Killarney and and regional development role, IDA has an a third for Kenmare announced in November ongoing and successful relationship with the third 2004. At the end of 2004, the latest year for which level education sector in the south east. I under- figures are available, there were 2,022 people in stand from IDA that the absence of a university permanent employment in 21 IDA supported in the south east has not emerged as a limiting companies in County Kerry. This compares with factor in promoting FDI to potential new and or a figure of 2,640 in employment in 23 IDA sup- existing clients. I understand the focus of IDA ported companies in 2000, resulting in a net client companies and potential investors has been decrease of some 23.4%. on the range and quality of courses and graduate The following table shows the number of jobs output of the existing institutions. They are con- lost in IDA supported companies in Kerry in each cerned principally with capability and not the of the years from 2000 to 2004 legislative status of the relevant institution. The key issue for foreign investors, therefore, Year 2000 2001 2002 2003 2004 is that educational institutions in the south east execute their remit to the highest possible stan- Jobs lost 88 57 670 321 284 dard. There are three areas that IDA considers very important and which the organisation dis- cusses with all third level institutions, including those in the south east. These include the quality Economic Competitiveness. and relevance of course offerings in terms of 260. Mr. O’Shea asked the Minister for enterprise development, engagement between Enterprise, Trade and Employment, further to the local institution and industry, both regionally Questions Nos. 665 and 666 of 28 September and nationally, and research capability, identi- 2005, the GDP per capita for the south-east fying, marketing and developing the institution’s region expressed as a percentage of the EU 15 capabilities. average according to the most recent data avail- For example, the Waterford Institute of Tech- able; and if he will make a statement on the nology has been very receptive to the IDA’s matter. [27386/05] message and has recently introduced a new manufacturing course that reflects the needs of Genzyme, an IDA biopharma client in the south Minister for Enterprise, Trade and Employ- east. The institute has also worked extremely ment (Mr. Martin): The collation and provision hard to develop its research capabilities. An of statistical information of the nature referred to excellent example of this is the telecoms software is an operational matter for the Central Statistics and systems research group that now has more Office, which comes within the remit of my col- than 70 researchers. Waterford Institute of Tech- league, Minister of State at the Department of nology has been very helpful in granting the IDA the Taoiseach, Deputy Kitt. and its supported companies access to depart- In answering a question from the Deputy relat- ment heads to discuss existing and potentially ing to economic performance, I mentioned that new projects. The number and location of univer- gross domestic product per capita in the south- sities in the State is a matter, in the first instance, east region, according to 2002 data, was 114% of 613 Questions— 11 October 2005. Written Answers 614 for my colleague, the Minister for Education Minister of State at the Department of and Science. Enterprise, Trade and Employment (Mr. Killeen): No distinction is made in employment rights legislation between Irish and migrant Community Employment Schemes. workers. For the avoidance of doubt, section 20 262. Mr. Healy asked the Minister for of the Protection of Employee’s (Part-Time) Enterprise, Trade and Employment if he will Work Act 2001 provides that all employee pro- abolish the three-year lifetime capping of com- tection legislation on the Statute Book in Ireland munity employment scheme participants intro- applies to workers posted to work in Ireland in duced. [27636/05] line with Directive 96/71/EC of the European Parliament and Council of 16 December 1996. Minister for Enterprise, Trade and Employ- This directive relates to the posting of workers in ment (Mr. Martin): On foot of a review of FA´ S the framework of the provision of services and employment schemes, which included detailed applies also to a person, irrespective of his or her consultations with the social partners, I decided nationality or place of residence, who has entered that with effect from 10 November 2004, the into a contract of employment that provides for three-year cap would be removed for CE partici- his or her being employed in the State or who pants aged 55 or over. This category of partici- works in the State under a contract of employ- pants is now eligible to participate on CE for a ment. Thus, all employee legislation applies to maximum of six years. The extension of the par- migrant workers. ticipation period from three to six years for over The number of workplace inspections-visits 55s should ensure that there will be sufficient undertaken by the labour inspectorate in the clients to fill the available places. I have no plans period April to September 2005 was 2,126. to make any further changes to CE participation Breaches were detected in 306 of those cases. The periods. The continuation of ring fencing and number of workplace inspections-visits under- prioritisation for the essential services of child taken during the same period in 2004 was 1,947. care, health related services and drugs task force Breaches were detected in 315 cases. The primary clients, and the extended participation on CE by function of the labour inspectorate is to seek older workers, will help to secure the continuity compliance and rectification of any breaches of community services generally. identified, including payment of arrears due to employees. An important measure, therefore, of EU Funding. the effectiveness of the inspectorate is to examine the arrears of pay collected on behalf of 263. Mr. G. Mitchell asked the Minister for employees. During the past six months the Enterprise, Trade and Employment if funds pro- recoveries were \247,770, while the recoveries for vided by the Irish taxpayer are used as part of the period April to September 2004 amounted to EU funding for projects involving the derivation \374,380. Earlier this year several key staff and use of human embryonic stem cells in other members, including three inspectors, were dedi- member states; and if he will make a statement cated almost exclusively to one major investi- on the matter. [27748/05] gation. As a consequence of that work, and inputs from the Labour Relations Commission and Minister for Enterprise, Trade and Employ- Labour Court, significant adjustments in pay ment (Mr. Martin): Ireland’s contribution to the were secured for a number of non-national EU budget is disbursed on a wide range of EU employees. funded activities. Community resources are col- lected and distributed under the legal framework Social Welfare Benefits. of the EU treaties. National funds are not specifi- cally linked with the funding of individual EU 265. Mr. G. Mitchell asked the Minister for projects. Social and Family Affairs if he will review the income limits for the back-to-school allowance to include persons living on only payments from his Departmental Investigations. department (details supplied); and if he will make 264. Mr. Bruton asked the Minister for a statement on the matter. [27319/05] Enterprise, Trade and Employment the level of inspections his officials are undertaking to ensure Minister for Social and Family Affairs (Mr. foreign workers employed by contractors or other Brennan): The current upper income limit for businesses are awarded the proper negotiated pay eligibility for a back-to-school clothing and foot- rates for the job; the number of inspections; the wear allowance, BSCFA, for a couple with one number of non-compliance cases; the actions child is \368.10 per week. The household income taken in respect of these cases over the past six limits under the scheme are indexed each year in months and the way in which this compares with line with the contributory old age pension rate the same period in 2004. [27783/05] in the case of couples, or widow/er contributory 615 Questions— 11 October 2005. Written Answers 616

[Mr. Brennan.] tinue to receive the rent allowance; and if he will pension in the case of lone parent applicants. make a statement on the matter. [27813/05] Applicants are eligible for BSCFA if their house- hold income is not more that \50 above the rel- Minister for Social and Family Affairs (Mr. evant reference pension rates. The western area Brennan): People on employment support of the Health Service Executive, which adminis- schemes such as community employment may ters the scheme on my behalf, has advised that qualify for rent supplement under the supplemen- it disallowed an application for a BSCFA by the tary welfare allowance scheme. Their claims are person concerned as her household income was normally assessed under the standard scheme above the limit for eligibility. This household rules concerning residency, means, housing need income is derived from a carer’s allowance in pay- and other relevant factors. Under these rules, ment to the person concerned and a disability rent supplements are calculated to ensure that an allowance payable to her husband, amounting to eligible person, after the payment of rent, has an \387.40 in total. The person concerned appealed income equal to the rate of supplementary wel- this decision but the original decision was upheld fare allowance appropriate to his or her family by the executive’s appeals office. I am keeping circumstances, less a minimum contribution of the qualifying conditions for the BSCFA under \13 which each recipient is required to pay from review and the particular issue raised by the his or her own resources. Where a person has an Deputy will be considered in that context. income in excess of the supplementary welfare Further change in the BSCFA eligibility con- \ ditions, apart for the normal indexation, would allowance rate of payment, up to 60 per week have to be considered in the context of the of this additional income can be disregarded for budget. means assessment purposes to help ensure a per- son is better off as a result of taking up such an opportunity. A person who is in receipt of rent Tax Reliefs. supplement and who is considering taking up an 266. Mr. Hogan asked the Minister for Social offer of a community employment place may con- and Family Affairs the number of exemptions tinue to receive rent supplement, subject to the from PRSI issued in respect of 2005 to date; the standard means test outlined or under special companies and the number of exemptions in retention arrangements. respect of each company; and if he will make a These special arrangements, which have been statement on the matter. [27375/05] in place for a number of years, allow people to retain a portion of their rent supplement where Minister for Social and Family Affairs (Mr. they take up work through approved employment Brennan): The regulatory basis for the PRSI support schemes such as community employment, exemption scheme is contained in Article 97 of subject to a weekly household income limit of SI 312 of 1996. The legislation provides for an \317.43. A participant in community employment exemption from PRSI contributions for up to 52 has the option of being assessed under standard weeks to be granted to foreign-based employers rules or using the retention arrangement outlined on behalf of employees not ordinarily resident in and will be entitled to receive payment under the the State but who are temporarily employed here. more favourable option in his or her situation. The purpose of the legislation is to avoid a People in full-time education are excluded nor- situation whereby workers who are sent by their mally from receipt of rent supplement under the employer to work here temporarily would be sub- supplementary welfare allowance scheme. ject to social insurance in two countries at the However, people participating in approved same time. Similar arrangements apply under EU courses under the back-to-education allowance legislation to workers moving with the EU-EEA scheme receive a standard weekly rate of pay- and to workers covered by bilateral social secur- ment equivalent to the maximum rate of their ity agreements. From 1 January 2005 to 30 previous social welfare payment and may retain September 2005, PRSI exemptions were issued to any secondary benefits, such as rent supplements, 351 workers in respect of 24 companies under the which had been in payment prior to the com- scheme. The detailed information requested by mencement of their education course. This is sub- the Deputy is being compiled and will be for- ject to the same weekly household income limit warded to him as soon as possible. of \317.43, which may be relevant if the person pursuing the full-time education course has part- Social Welfare Benefits. time employment. These special provisions are in place to encourage and facilitate people to 267. Ms O’Sullivan asked the Minister for improve their skills and qualifications and, there- Social and Family Affairs if persons participating fore, their prospects of returning to the active in community employment schemes, including the back to education scheme, are allowed to con- work force. 617 Questions— 11 October 2005. Written Answers 618

Anti-Poverty Strategy. families with children. My Department is partici- pating in an interdepartmental working group on 268. Mr. F. McGrath asked the Minister for early child care and education, chaired by the Social and Family Affairs if he will support all national children’s office. The work of this com- measures dealing with child poverty. [27849/05] mittee is at an advanced stage and the outcome will make an important contribution to finding Minister for Social and Family Affairs (Mr. the right mix of services and income support to Brennan): Detailed measures to give effect to the facilitate employment take up and care for strategies to combat child poverty in Ireland are children. set out in the national action plan against poverty We also need to monitor and evaluate the out- and social exclusion and in the national children’s comes of the policies being pursued on the strategy. Ending child poverty is also one of ten development of our children and get the neces- special initiatives in Sustaining Progress. sary evidence on what works and works well. This The most significant measure to support process is about to commence with a major families with children in recent years has been the national longitudinal study on children. My substantial increases in child benefit payment Department and the Department of Health and rates. Between 1997 and 2005, the rate of child Children, through the national children’s office, benefit rose from \38.09 per month for the first \ are jointly funding this study. The study will be two children and 49.52 for each child thereafter the most significant of its kind to be undertaken to \141.60 per month for each of the first two \ here, particularly in terms of the cost, scope and children and to 177.30 per month for the third length of study period. It is anticipated that and each subsequent child. This equates to 10,000 children from birth and 8,000 children increases in excess of 170%. Child benefit is paid aged nine will be recruited to participate in the to more than 540,000 families in respect of study. I am confident that through the measures approximately 1 million children, at an estimated already being taken and the initiatives being \ cost of 1.9 billion in 2005. It delivers a standard planned, we can make a major contribution to rate of payment in respect of all children in a ensuring vulnerable families and their children family regardless of income levels or employment have a fair share of life chances and quality of life. status. Providing income support in this way, thus, creates no obstacles to employment and facilitates employment take up by providing sig- Social Welfare Benefits. nificant support with child care costs. 269. Mr. Wall asked the Minister for Social and Through the family income supplement Family Affairs when an application for the old scheme, my Department provides cash support by age pension will be processed for a person way of weekly payments to families at work on (details supplied) in County Kildare; and if he low pay. Recent improvements to the scheme, will make a statement on the matter. [28469/05] including the assessment of entitlements on the basis of net rather than gross income and pro- 293. Mr. Wall asked the Minister for Social and gressive increases in the income limits, have made Family Affairs the position regarding an appli- it easier for more lower income households to cation for the old age pension for a person qualify under the scheme. In a significant pro- (details supplied) in County Kildare; and if he portion of households with children there is no will make a statement on the matter. [28005/05] full-time or part-time employment. These house- holds mainly include recipients of the one parent Minister for Social and Family Affairs (Mr. family payment or of payments in respect of dis- Brennan): I propose to take Questions Nos. 269 ability and unemployment. In other households and 293 together. with larger families, only one parent may be able The person concerned was recently awarded an to take up employment, which results in a lower old age non-contributory pension at the family income. A study is being carried out by the maximum personal rate of \166 per week with NESC into the possibility of amalgamating child effect from 15 July 2005. A pension book payable dependent allowances and family income sup- from 30 September 2005 will issue to his local plement into a second tier of child income sup- post office shortly for collection by him. A port aimed at families on low incomes. cheque in respect of arrears of pension due to A sub-group of the senior officials group on him for the period from 15 July 2005 to 29 social inclusion has undertaken a detailed exam- September 2005 will issue to him as soon as ination of obstacles to employment for lone possible. parents. As part of this work, my Department is nearing the completion of a review of income 270. Mr. P. McGrath asked the Minister for supports and I hope to bring this review to com- Social and Family Affairs the number of persons pletion in the near future. The provision of not in receipt of the carer’s allowance or the car- affordable and flexible child care is also a key er’s benefit who were successful and unsuccessful factor in facilitating employment participation for in qualifying for the respite care grant in 2005; 619 Questions— 11 October 2005. Written Answers 620

[Mr. P. McGrath.] the area. I expect to draw conclusions by the end and if he will make a statement on the matter. of the year. [27327/05] 272. Mr. Durkan asked the Minister for Social Minister for Social and Family Affairs (Mr. and Family Affairs, further to Question No. 746 Brennan): The budget for 2005 provided, inter of 28 September 2005, his views on whether the alia, for the extension of eligibility for the respite negative policy of the community welfare service care grant to people providing full-time care and of the Health Service Executive acting on its attention who are not in receipt of carer’s benefit behalf is likely to place an extra burden on the or carer’s allowance. Those in receipt of the latter Exchequer; if as is proposed, a single person who payments receive the grant automatically without qualifies for one-parent family allowance and having to make a separate application. A total of rent support in his or her own right is denied rent 5,804 applications were received up to supplement if he or she returns to education to Wednesday, 5 October 2005. The grant has been improve his or her employment opportunities awarded to 5,180 applicants while 582 appli- and, ultimately, becomes independent of welfare cations were unsuccessful. A total of 42 claims are support; if his attention has been drawn to the being decided. negative message this decision gives to young per- sons; if he proposes to take action in this case; 271. Mr. P. McGrath asked the Minister for and if he will make a statement on the matter. Social and Family Affairs his views on the case of [27331/05] a person (details supplied) in County Westmeath who returned home to care for her mother, Minister for Social and Family Affairs (Mr. should not be turned down on their application Brennan): The Health Service Executive, which for the carer’s allowance on the grounds of non- administers the supplementary welfare scheme on compliance with the habitual residency clause. my behalf, is applying the rules relating to rent [27328/05] supplement correctly in this case. Under section 172(1) of the Social Welfare (Consolidation) Act Minister for Social and Family Affairs (Mr. 1993, people in full-time education are not eli- Brennan): From 1 May 2004 the requirement to gible normally to receive assistance, including rent supplements, under the supplementary wel- be habitually resident in Ireland was introduced fare allowance scheme. However, there is a as a qualifying condition for certain social assist- special provision for retention of rent supplement ance schemes, including carer’s allowance and by one-parent family payment and other qualify- child benefit. The basis for the restriction con- ing social welfare scheme recipients in the specific tained in the new rules is the applicant’s habitual situation where they resume full-time education residence. The restriction is not based on citizen- after a defined period with the assistance of the ship, nationality, immigration status or any other back-to-education allowance scheme. People par- factor. The effect of the restriction is that a per- ticipating in approved courses under this special son whose habitual residence is elsewhere is not facility receive a standard weekly rate of payment paid certain social welfare payments on arrival in equivalent to the maximum rate of their relevant Ireland. The question of what is a person’s habit- social welfare payment and may retain any sec- ual residence is decided in accordance with Euro- ondary benefits, such as rent supplements, which pean Court of Justice case law which sets out the may have been in payment prior to participating grounds for assessing individual claims. Each case in the scheme. To qualify for participation in the received for a determination on the habitual resi- scheme, people in receipt of one-parent family dence condition is dealt with in its own right and payment must be aged 21 years or over and in a decision is based on application of the guide- receipt of that payment for six months if accessing lines to the particular individual circumstances of the second level option or for 12 months for the each case. An applicant who disagrees with the third level option. Lone parents and persons in decision of a deciding officer has the right to receipt of an unemployment payment aged appeal to the social welfare appeals office. between 18 and 20 years may also access the My Department has kept the operation of the scheme if they have been out of formal education habitual residence condition under review since for at least two years and in receipt of the rel- its introduction. This is to assess the impact of the evant social welfare payment for the required condition on different categories of claimants, the period. This programme is designed specifically organisational arrangements and the service pro- to give people on unemployment or one-parent vided to customers, to identify opportunities for family payments for extended periods a second improvements in the administration of the chance to educate themselves to improve their scheme and identify emerging policy issues and skills and qualifications and to enhance their consider how these should be addressed. Account prospects of returning to the active workforce. is being taken of the views received from various The scheme is not appropriate to the generality groups and organisations who have an interest in of students who, as in the case of the person con- 621 Questions— 11 October 2005. Written Answers 622 cerned, complete their second level education Income limits for eligibility under the scheme and continue to third level studies in the normal have been increased regularly, along with general way. The person concerned has not been out of rate increases. These increases in underlying the education system for two years or more and, social welfare rates and in the corresponding therefore, does not qualify for participation in the household income limits for BSCFA purposes back-to-education allowance scheme operated by have considerably exceeded the rate of price my Department. As a result she is not eligible for change in clothing and footwear in recent times rent supplement while she undertakes her third and have also helped to bring additional people level course. The relevant State support mechan- on low incomes into eligibility under the scheme. ism in such cases is annual third level mainten- An additional increase in the income limits or ance grants scheme to assist people from lower increases in the payment rates have budgetary income households towards their living costs implications and can only be considered in this while undertaking college courses. context.

273. Mr. Durkan asked the Minister for Social 275. Mr. McGuinness asked the Minister for and Family Affairs, further to Questions Nos. 750 Social and Family Affairs if a person (details and 757 of 28 September 2005, when the review supplied) in County Kilkenny qualifies for benefit of a person’s entitlement to rent support will be under the back-to-education scheme; and if he concluded (details supplied); and if he will make will review the case and issue a decision. a statement on the matter. [27332/05] [27403/05]

Minister for Social and Family Affairs (Mr. Minister for Social and Family Affairs (Mr. Brennan): The Health Service Executive has Brennan): The back-to-education allowance is a advised that, following a review of her entitle- second chance education opportunities scheme ments, the person concerned has been awarded a designed to encourage and facilitate people on rent supplement of \16.20 for the month of July certain social welfare payments to improve their 2005 increasing to \65.20 per month from 1 skills and qualifications and, therefore, their pros- August 2005. The person concerned has been pects of returning to the active workforce. I informed of this decision and payment of her reduced the qualifying period for access to the monthly rent supplement, together with any out- third level option of the scheme to 12 months — standing arrears, will be issued to her shortly by 312 days — in the last budget. I also increased the executive. the annual cost of education allowance, paid to people on BTEA, from \254 to \400. These changes came into effect from 1 September 2005. 274. Dr. Cowley asked the Minister for Social Following an undertaking to the Da´il and the and Family Affairs if he will consider increasing Joint Committee on Social and Family Affairs, I the threshold of the back to school allowance; his have further reduced the qualifying period for views on whether it is necessary to increase this access to the third level option to nine months — payment as the back to school expenses are con- 234 days. This condition will apply to persons stantly on the increase (details supplied); and if who are participating in the national employment he will make a statement on the matter. action plan, NEAP, process and where a FA´ S [27380/05] employment services officer recommends pursu- ance of a third level course as essential to the Minister for Social and Family Affairs (Mr. enhancement of the individuals employment Brennan): The back to school clothing and foot- prospects. This new condition also came into wear allowance, BSCFA, which is administered effect from 1 September 2005. on my behalf by the Health Service Executive, The person concerned does not meet the quali- provides a one-off payment to eligible families to fying period requirement and does not, therefore, assist with the extra costs when their children satisfy the eligibility criteria for participation in start school each autumn. An allowance of \80 the scheme, as only 166 days of paid unemploy- is payable in respect of qualified children aged ment were accumulated to the time the course of between two and 11 years or \150 in respect of study started. This is well short of the required qualified children aged from 12 to 22 years. 312 days in this person’s case. Applications may be made between the begin- ning of June and the end of September each year. 276. Mr. Ring asked the Minister for Social and A person may qualify for payment of a BSCFA Family Affairs the reason a person (details if he or she is in receipt of a social welfare or supplied) in County Mayo is not in receipt of the health board payment, is participating in an free electricity allowance. [27416/05] approved employment scheme or attending a recognised education or training course and has Minister for Social and Family Affairs (Mr. household income at or below certain specified Brennan): The person concerned has been levels. awarded an electricity allowance with effect from 623 Questions— 11 October 2005. Written Answers 624

[Mr. Brennan.] is less than \220 per week. The lower threshold 1 April 2005 and a telephone allowance from 30 was last increased in the budget for 2000 while March 2005. The relevant service providers have the upper threshold has been increased in each been notified to apply the allowances to the successive budget since then from \135 in 2000 to customer’s accounts. A free lifetime television \220 in the budget for 2005. A change in the cur- licence has also been awarded with effect from rent arrangements relating to entitlement to the expiry date of the customer’s current tele- qualified adult allowances would have to be con- vision licence. sidered in a budgetary context and in the light of available resources. 277. Mr. Gregory asked the Minister for Social and Family Affairs the reason the fuel allowance 279. Mr. Haughey asked the Minister for Social is being withdrawn from eligible persons living in and Family Affairs the reason an application for local authority senior citizens complexes with the back-to-education allowance by a person subsidised heating in view of the fact that these (details supplied) in Dublin 9 was refused; if the tenants pay \303.68 per annum to the local auth- exceptional and compassionate circumstances of ority for heating; and if he will make a statement this case will be examined as provided for in the on the matter. [27448/05] scheme; the reason the allowance will not be awarded if the person already holds a qualifi- Minister for Social and Family Affairs (Mr. cation at an equivalent or higher level; if this Brennan): The aim of the national fuel scheme is decision will be reversed; and if he will make a to assist householders in receipt of long-term statement on the matter. [27497/05] social welfare or health service executive pay- ments towards their additional heating needs dur- Minister for Social and Family Affairs (Mr. ing the winter season. Fuel allowances are not Brennan): The back-to-education allowance is a payable in cases where a person has access to second chance education opportunities scheme their own fuel supply or is benefiting from a sub- designed to encourage and facilitate people on sidised heating service such as that provided by certain social welfare payments to improve their Dublin City Council at a number of its housing skills and qualifications and, therefore, their pros- complexes. This has been the policy since the pects of returning to the active workforce. Since inception of the scheme. the scheme was introduced, its primary focus has In the particular case raised by the Deputy, been people who most need additional training total heating needs are met at a cost to the tenant or qualifications to gain a foothold in the labour of less than \6 per week over the full year. In market. People with a primary degree are already the course of a routine review of fuel allowance in possession of a third level qualification and payments, the Department recently ceased fuel their academic qualifications impact positively on allowance entitlement which had been paid in their employment prospects. Furthermore, the error in a number of cases where recipients were scheme was never intended to be an alternative in local authority accommodation with subsidised form of funding for people entering the third heating. The allowances were withdrawn in these level education system. cases. A change to the existing arrangements in The person concerned applied for participation respect of the fuel allowance for this group would in the back-to-education allowance scheme to have quite significant cost implications and would pursue a three-year Bachelor of Science degree have to be considered in the context of the in occupational therapy at Trinity College budget and in the light of the resources available Dublin. She already holds a primary degree, BA, to me for improvements in social welfare obtained in 1966. The application was refused on generally. the grounds that the person concerned has achieved a level of academic attainment which 278. Mr. Perry asked the Minister for Social should impact positively on her employment and Family Affairs his plans to increase the prospects. amount of \88.88 which can be earned by a dependant of an old age contributory pensioner Decentralisation Programme. (details supplied); and if he will make a statement on the matter. [27489/05] 280. Mr. McGinley asked the Minister for Social and Family Affairs the progress which has Minister for Social and Family Affairs (Mr. been made regarding decentralisation to County Brennan): For the purposes of most other social Donegal; and if he will make a statement on the welfare payments, entitlement to an increase for matter. [27498/05] a qualified adult is based on the income of the spouse or partner. A qualified adult increase at Minister for Social and Family Affairs (Mr. the maximum rate is payable where the spouse- Brennan): Under the Government decentralis- partner’s income is \88.88 per week or less and ation programme announced as part of the tapered reduced rates are payable where income budget for 2004, my Department is to relocate 625 Questions— 11 October 2005. Written Answers 626

230 posts to Donegal and 120 posts to Buncrana. 282. Mr. Ring asked the Minister for Social and The decentralisation implementation group, Family Affairs the reason a person (details DIG, report to the Minister for Finance on 19 supplied) in County Mayo is not receiving the November 2004 recommended those locations free telephone rental allowance. [27529/05] and organisations to be included in the first phase of moves, and to be regarded as potential early Minister for Social and Family Affairs (Mr. movers. In the case of my Department, Sligo and Brennan): The person concerned has been Drogheda were included in the first phase and awarded an electricity allowance with effect from Carrick-on-Shannon was recommended as a 2 September 2005 and a telephone allowance location to be considered as an early mover. The from 6 September 2005. The relevant service pro- DIG progress report to the Minister for Finance viders have been notified to apply the allowances on 30 June 2005 outlined the indicative construc- to the customer’s account. A free lifetime tele- tion start and completion dates for all locations vision licence has also been awarded with effect and organisations not included in the first phase from the expiry date of the customer’s current television licence. of the programme. According to the report, the indicative construction start date for Donegal is the end of 2007 and the construction completion Social Welfare Fraud. date is mid-2009. The corresponding dates for 283. Mr. Stanton asked the Minister for Social Buncrana are the end of 2007 and early 2009. and Family Affairs the efforts he has made to combat welfare fraud; if his attention has been Social Welfare Benefits. drawn to the extent of the problem and its cost to the Exchequer; and if he will make a statement 281. Mr. Haughey asked the Minister for Social on the matter. [27713/05] and Family Affairs the reason an application for the back to education allowance was refused to a 285. Mr. Stanton asked the Minister for Social person (details supplied) in Dublin 9 in 2004-05 and Family Affairs the efforts he has made or will and 2005-06; the reason the allowance will not be make to combat welfare fraud; and if he will awarded if the person is not commencing the first make a statement on the matter. [27715/05] year of a course of study; if he will review this case again with a view to reversing this decision; Minister for Social and Family Affairs (Mr. and if he will make a statement on the matter. Brennan): I propose to take Questions Nos. 283 [27503/05] and 285 together. The prevention of fraud and abuse of the social Minister for Social and Family Affairs (Mr. welfare system is an integral part of the day-to- Brennan): The back-to-education allowance is a day work of my Department. A key objective of second-chance education opportunities scheme my Department’s control strategy is to ensure designed to encourage and facilitate people on that we pay the right person the right amount of certain social welfare payments to improve their money at the right time. A four-pronged skills and qualifications and, therefore, their pros- approach has been adopted by the Department pects of returning to the active workforce. The to meet this objective, namely prevention of fraud scheme is not intended for students who have and error at the initial claim stage, early detection already commenced full-time education or for the through effective review of claims in payment, short-term unemployed. To qualify for partici- measures to deter fraud and the pursuit and pation in the scheme an applicant pursuing a third recovery of overpayments. Systematic risk analy- level course must be, inter alia, in receipt of a sis is a key element of the control strategy. This relevant social payment for 12 months or nine entails the identification, by scheme managers, of months, if participating in the national employ- areas of high risk of fraud and abuse in the schemes for which they are responsible and put- ment action plan process. ting in place appropriate measures to address Since the scheme was introduced, it has been a them in a systematic way. The purpose of this condition that the eligibility criteria must be satis- approach is to ensure review activity is targeted fied immediately prior to the commencement of in the most effective manner. the first year of the course and the course being During 2004 and 2005 my Department under- pursued must be in its first year. The person con- took a number of specific control initiatives in its cerned commenced her course in September regions throughout the country, the outcomes of 2004. She did not satisfy the qualifying conditions which are being evaluated with a view to for participation in the scheme at that time as she expanding successful initiatives to other areas. had been unemployed for only two months. In These initiatives will feed into the process of refo- any event, as she is in the second year of the cusing control activity to those areas and types of course, it would not be possible to commence cases which present the highest risk of fraud and payment of the back-to-education allowance. error. My Department also includes surveys of 627 Questions— 11 October 2005. Written Answers 628

[Mr. Brennan.] 287. Mr. Stanton asked the Minister for Social the levels of fraud and error as part of its control and Family Affairs the way in which he will cor- strategy to identify the types of claims, which rect the faults of the computerised PPS number should be prioritised for review purposes. As an checking system as outlined in the report of the integral part of its control strategy, my Depart- Comptroller and Auditor General; and if he will ment is committed to undertaking at least two make a statement on the matter. [27717/05] surveys annually to establish the levels of fraud and error arising. Controls are also exercised at Minister for Social and Family Affairs (Mr. the initial claim stage and at subsequent stages Brennan): I propose to take Questions Nos. 284 during the claim life cycle. Claims are reviewed and 287 together. on a regular and targeted basis. More than 600 The report of the Comptroller and Auditor staff members at local, regional and national level General refers to 10,000 invalid PPS numbers are engaged on a full or part-time basis on work rather than bogus numbers. Ongoing work to related to the control of fraud and abuse of the improve the integrity of the data on the Depart- social welfare system. ment’s central records system database initially During 2004 306,000 reviews of entitlement uncovered these invalid numbers. These PPS were carried out by staff in my Department. The numbers were mainly old numbers on the data- records of 6,600 employers were inspected to base and were incorrectly technically formatted. ensure compliance with the Department’s regu- These have since been corrected. lations and in particular to prevent and detect My Department is acutely aware of the import- abuses of the system. In 2005, to the end of ance of the PPS number and of the data on its August, more than 211,000 claim reviews have central records system. Since taking over been undertaken and 3,600 employers inspected. responsibility in 2000 for the issue of PPS In 2004, as a result of control activity, my Depart- numbers, my Department has put in place a range ment realised total savings of \386 million in combating fraud and abuse. In 2005, to the end of measures to strengthen the registration process of August, savings of more than \265 million through improved procedures and controls have also been realised. The total amount of including face-to-face interviews at local and overpayments set up as a result of detected fraud branch offices. Further improvements in identity or suspected fraud during 2004 was \18.63 mil- fraud controls will be developed having regard to lion. In 2005, to the end of August, overpayments developments in the area of identity management totalling \12.26 million were set up as a result of policies generally. The specific issues raised in the detected or suspected fraud. report are being addressed and will be considered The prosecution of offenders is a key element by the Committee of Public Accounts in the con- in my Department’s overall control approach. My text of its examination of the report. Department’s policy is to consider all cases of fraud for prosecution. During 2004, 503 cases Question No. 285 answered with Question were referred to the State solicitor’s office to No. 283. initiate prosecution proceedings. A total of 284 cases were finalised in court, of which ten defend- Computerisation Programme. ants were served with prison sentences, 26 received suspended sentences, 159 were fined and 286. Mr. Stanton asked the Minister for Social 44 received the benefit of the Probation Act. The and Family Affairs when the new computer remaining penalties included cases which system used for recording overpayments and received community service or were bound to the repayments will be put in place; and if he will peace. In 2005 to the end of August, 287 cases make a statement on the matter. [27716/05] have been submitted for initiation of court pro- ceedings. I am committed to ensuring social wel- Minister for Social and Family Affairs (Mr. fare payments are available to those who are Brennan): The current computer system to record entitled to them. I am also determined to ensure overpayments and overpayment recoveries has abuse of the system is prevented and is dealt with been in place since the mid-1980s. It is a stand- effectively when detected. In this regard the con- alone system which requires a high degree of trol programme of my Department is carefully manual input. There is a major project in place to monitored and the various measures are continu- replace the current computer system with a new ally refined to ensure they remain effective. overpayments and debt management system. It is intended that this new computer system will 284. Mr. Stanton asked the Minister for Social better support my Department’s statutory and Family Affairs his views on the findings of recording and reporting function for over- the Comptroller and Auditor General that payments and overpayment recoveries as well as approximately 10,000 bogus social security provide a comprehensive debt management func- numbers exist; and if he will make a statement on tion. The requirements of the new overpayments the matter. [27714/05] and debt management computer system have 629 Questions— 11 October 2005. Written Answers 630 been specified and the new system is due to go to 2005 academic year. This total includes 858 live during 2006. who left the live register and 348 who came from other schemes, such as one-parent family pay- Question No. 287 answered with Question ment. Statistics for the 2005 to 2006 academic No. 284. year are being collated.

Social Welfare Benefits. Interdepartmental Committees. 288. Mr. Stanton asked the Minister for Social 290. Mr. Stanton asked the Minister for Social and Family Affairs the number of persons who and Family Affairs if the high level group has commenced third level education under the back- reported on its examination of the recommend- to-education allowance for each academic year ations from the Mercer report on the future since the year 2000; and if he will make a state- financing of long-term care and the O’Shea ment on the matter. [27718/05] report on nursing home subventions and the con- clusions of same; if not, when the report will 289. Mr. Stanton asked the Minister for Social issue; and if he will make a statement on the and Family Affairs the number of persons who matter. [27720/05] were in receipt of the back-to-education allow- ance for each academic year since the year 2000; Minister for Social and Family Affairs (Mr. and if he will make a statement on the matter. Brennan): The long-term care working group, [27719/05] which is being chaired by the Department of the Taoiseach and comprises senior officials from the Minister for Social and Family Affairs (Mr. Departments of Finance, Health and Children Brennan): I propose to take Questions Nos. 288 and Social and Family Affairs, is to report to the and 289 together. Ta´naiste and to me at the end of this month. The back-to-education allowance is a second- chance education opportunities scheme designed to encourage and facilitate people on certain Social Welfare Benefits. social welfare payments to improve their skills 291. Mr. Bruton asked the Minister for Social and qualifications and, therefore, their prospects and Family Affairs if he has reviewed the of returning to the active workforce. The number adequacy of the present fuel scheme in view of of persons participating in the back-to-education the substantial increase in the price of gas and allowance scheme since 2000 are as follows: electricity; when the value of the fuel scheme was last increased; the value of the allowance if it had Academic year Second Third Level Total been indexed in line with energy prices over the Level Option Option intervening period; and if he will make a state- ment on the matter. [27803/05] 2000/2001 762 4,843 5,605 2001/2002 883 4,431 5,314 Minister for Social and Family Affairs (Mr. Brennan): The aim of the national fuel scheme is 2002/2003 1,505 4,968 6,473 to assist householders on long-term social welfare 2003/2004 2,190 5,458 7,648 payments with meeting the cost of their 2004/2005 3,028 4,280 7,308 additional heating needs during the winter sea- son. Fuel allowances are paid for 29 weeks from The numbers who left the live register to com- the end of September to mid-April and are not mence a third level course of study with the intended to meet the full cost of heating. Some assistance of the scheme between 2000 and 2004 274,000 customers, 151,000 with basic fuel allow- are as follows: ance and 123,000 with smokeless fuel supplement, benefit under the scheme at a cost of \85.4 mil- Academic year Third Level Option lion in 2005. Under the scheme, a fuel allowance of \9 per 2000/2001 1,136 week is paid to eligible households during this 29 2001/2002 1,096 week winter heating period, with an additional 2002/2003 1,581 \3.90 per week payable in the designated urban 2003/2004 1,515 smokeless fuel zones. These rates were increased to these levels in January 2002. The position is being kept under review. These totals represent about 70% of commence- According to the Central Statistics Office, ments. Statistics on those who commenced after CSO, the overall consumer price index has coming from other payments in that period are increased by 11.8% from the start of 2002 to not available. A total of 1,206 commenced a third August 2005. The price of solid fuels has level course of study with the assistance of the increased by 15.2% in this period. An increase in back-to-education allowance scheme in the 2004 631 Questions— 11 October 2005. Written Answers 632

[Mr. Brennan.] age payable towards their heating, light and cook- the fuel allowance rates to match solid fuel price ing costs throughout the year at an overall cost inflation since 2002 would bring its rate to about of \108.8 million in 2005. There is also a facility \10.40 or \14.90 in smokeless fuel areas. It is esti- available through the supplementary welfare mated that such an increase would cost of the allowance scheme to assist people in certain cir- order of \13 million extra in a full year. cumstances who have special heating needs. While not increasing the value of fuel allow- Pensioners and other social welfare groups ances which are payable for only part of the year, have received significant increases in their wel- Government policy has been to increase primary fare payment rates this year and in recent years. payment rates by amounts well in excess of This has improved their income situation con- inflation. This is a more costly approach than siderably in real terms relative to solid fuel cost increasing fuel allowances but it delivers a better increases and to price inflation generally. These outcome for pensioners and others by substan- higher rates of primary payments are payable tially increasing their real income over the over 52 weeks of the year. whole year. People on a qualifying non-contributory pen- Pensioners and other eligible groups have sion or other social welfare payment are normally received cumulative increases of between 33.6% eligible for a fuel allowance without further and 37.3% in their primary social welfare pay- means test, subject to the other conditions for ment rates since 2002. These higher rates of entitlement. Other applicant households may primary payments are payable over 52 weeks of have a combined income of up to \51 above the the year and have improved the income situation current maximum weekly contributory old age of welfare recipients considerably in real terms pension rate and still qualify for a fuel allowance. relative to solid fuel cost increases and to price Based on this formula, the current upper limit inflation generally. For example, a single person income for fuel allowance eligibility is \230.80 for on a contributory old age pension has received an a single applicant or \349.80 for a couple, with increase of \32 per week over the last three further additions if there are any qualified depen- budgets when fuel allowances were held constant. dent children or if the applicant is over 80 years This is approximately double the amount of age. required to compensate for all the inflation, This fuel allowance income limit increases each including fuel price inflation. winter season in line with the reference rate of In addition to fuel allowance, more than old age contributory pension. On this basis, there 300,000 pensioners and their households qualify have been significant real increases in the income for electricity or gas allowances through the limits for fuel allowance applicants in recent household benefits package, payable towards years. This situation will continue in future winter their heating, light and cooking costs throughout heating seasons, in line with prevailing pension the year at an overall cost of \108.8 million in rates. The question of any additional increase in 2005. There is also a facility available through the the income limit would have to be considered in supplementary welfare allowance scheme to assist a budgetary context. people in certain circumstances who have special heating needs. Question No. 293 answered with Question No. 269. Pension Provisions. Pension Provisions. 292. Mr. Timmins asked the Minister for Social and Family Affairs if he will consider increasing 294. Mr. Deasy asked the Minister for Social the income limit for old age pensioners in order and Family Affairs the number of persons who that they will qualify for the free fuel allowance; are in receipt of both the disability benefit and if not, whether he will examine the amount of the blind pension; the estimated cost to the \50.60 and increase this amount; and if he will Exchequer for extending both payments beyond make a statement on the matter. [27810/05] the age of 66 years in view of the financial hard- ship that arises for recipients when they reach Minister for Social and Family Affairs (Mr. pension age; and if he will make a statement on Brennan): The aim of the national fuel scheme is the matter. [28041/05] to assist householders who are in receipt of long- term social welfare or health service executive Minister for Social and Family Affairs (Mr. payments towards their additional heating needs Brennan): The qualifying conditions for the pay- during the winter season. About 274,000 house- ment of disability benefit are that a person is holds receive a fuel allowance, at an expected under 66 years of age, unfit for work due to illness cost of \85.4 million this year. In addition to fuel and satisfies the PRSI contribution conditions. allowance, more than 300,000 pensioners and Persons over the age of 66 are not insurable other households qualify for electricity or gas under the Social Welfare Acts for disability allowances through the household benefits pack- benefit purposes and the age limit for receipt of 633 Questions— 11 October 2005. Written Answers 634 disability benefit is 66 years. There are 62,964 The allowance represented about 6.6% of the persons in receipt of disability benefits. personal rate for old age contributory pensioners. Blind pension is payable beyond 66 years of Had the allowance kept pace with the increase in age, when the maximum personal rate increases pensions since then it would now be worth from \148.80 per week to a maximum rate of approximately \12 per week. \166.00 per week, with increases for qualified adults and-or dependent children. There are Road Safety. 1,982 persons in receipt of blind pensions. A person in receipt of a blind pension aged less 296. Ms O. Mitchell asked the Minister for than 66 years who has sufficient PRSI contri- Transport when legislation to enable the intro- butions may also be eligible to receive disability duction of a nationwide network of private speed benefit, unemployment benefit, maternity cameras is anticipated; and if he will make a state- benefit, adoptive benefit, or health and safety ment on the matter. [28042/05] benefit. Alternatively, they may concurrently receive widow or widower’s pension or one Minister for Transport (Mr. Cullen): A work- parent family payment. However, once a person ing group chaired by the Department of Justice, reaches 66 years of age, only one payment may Equality and Law Reform and representing my be made. There are 205 people in receipt of dis- Department, the Garda Sı´ocha´na and other rel- ability benefits and blind pensions, ten of whom evant agencies, has carried out an in-depth exam- are 65 years of age. The annual cost of extending ination of the issue of engagement of private sec- payment of disability benefit to those recipients tor interests in the operation of speed cameras. beyond 65 years would be approximately \90,000. The group’s report, which has been presented to Any changes to entitlements would, however, the Government, makes a series of recommend- have wider implications as there are other categ- ations which include proposals that will require ories of social welfare recipients who also have the introduction of changes to the current Road entitlement to more than one income mainten- Traffic Acts. My Department is preparing legis- ance payment at any one time, including people lative provisions necessary to support those in receipt of widow’s or widower’s pension and recommendations and on the completion of that one-parent family payment. Changes to entitle- work, I will include those provisions in an appro- ments would have to be considered in the context priate Bill for the consideration of the House. of the wider budgetary package. 297. Mr. Gogarty asked the Minister for Trans- 295. Mr. Bruton asked the Minister for Social port the results of consultations with experts from and Family Affairs when the rate of supplemen- Europe in assessing the comparative safety of lap tary payment to pensioners who are aged 80 years belts versus three-point harnesses in school buses; or over was last increased; what the present value if his attention has been drawn to the fact that of that supplement would be if it have been inde- US and Canadian research is strongly critical of xed in line with the value of the contributory old lap belts as having the potential to cause serious age pension over the intervening period; and his stomach, head, neck and other injuries; and if he views on increasing this supplement and arrang- will make a statement on the matter. [27755/05] ing that it would be indexed in future with social welfare payments. [28081/05] Minister of State at the Department of Trans- port (Mr. Callely): The technical standards for Minister for Social and Family Affairs (Mr. the fitting of safety belts and restraint systems in Brennan): The over-80 allowance is an additional new vehicles at European level, which are set payment of \6.40 per week made to people who down in a number of EU type approval are in receipt of certain social welfare type pay- directives, do not make specific provision for ments. At present, just over 100,000 people are safety belts in school buses. At present, these receiving the allowance which was last increased standards are not obligatory for a number of in 1996. classes of motor vehicles, including large buses. However, for many years the policy with regard Following a decision by the European Parliament to support for pensioners has been to commit in May 2005, the way is now clear for the Council resources to improving the personal pension rates of Ministers to adopt as directives proposed for all pensioners, rather than supplementary measures that would make the existing technical payments such as the over-80 allowance. In this standards mandatory in all new buses, including way, resources are used to give the maximum school buses, entering into service from a date yet possible benefit to all pensioners. Since 1997, the to be settled. There are no requirements under personal rate of pensions has increased by up to the existing or proposed directives for safety belts 81%. The increase in prices over the same period to be retrofitted in existing vehicles. is 30.7%. Future policy in terms of allowances A member state considering a retrofit prog- such as the over-80 allowance will be considered ramme in existing vehicles will need to adopt a in a budgetary context. retrofit specification as consistent as practicable 635 Questions— 11 October 2005. Written Answers 636

[Mr. Callely.] transport scheme will be equipped with safety with the EU standards for new vehicles. In belts by December 2006. general terms, these standards provide for the fit- ment of three-point belts in exposed seats and Driving Tests. either three-point or lap belts in other seats. 298. Mr. Lowry asked the Minister for Trans- It was against this background that the working port if complaints have been received by his group, which was established in June 2005 to pro- Department concerning a driving tester (details gress measures to enhance school bus safety fol- supplied); the actions that are being taken on foot lowing the Kentstown bus accident, considered of such complaints; and if he will make a state- how best to arrive at a situation where all buses ment on the matter. [27369/05] participating in the school transport scheme are fitted with safety belts. The feasibility of retrofit- 299. Mr. Lowry asked the Minister for Trans- ting safety belts in existing school buses was con- port the number of tests taken by a driving tester sidered by the working group, which consulted at a test centre (details supplied) in 2005; the national experts in a number of EU countries as number of passes and failures in that period with well as the European Commission on the matter. this person at that centre; the national average On the basis of observed international practice pass rate per driving tester; if there is cause for and the EU standards referred to above and not- concern with the statistics from this tester; and if withstanding the contrary view adopted by cer- he will make a statement on the matter. tain countries outside the EU, the working group [27370/05] was of the view that lap belts, with associated safety measures, were most appropriate for instal- Minister for Transport (Mr. Cullen): I propose lation in a retrofit situation in school buses. The to take Questions Nos. 298 and 299 together. associated safety measures include, for instance, The information requested by the Deputy is set the use of energy absorbing material on the backs out in the following table. Information on and tops of seats. The view of the working group national pass rates is only compiled at the end of on this matter informed the decision of the the year and the table shows the overall pass rate Government that all vehicles used in the school for the centre in question for 2004.

Tests Conducted 1 January 2005- Pass Fail National Pass Rate 2004 Pass Rate at the centre 30 September 2005 in 2004

306 122 184 54% 50%

The pass rate may be influenced by number of Minister for Transport (Mr. Cullen): I refer the factors, including the number of lessons taken by Deputy to my reply to Question No. 367 of 4 a candidate, the standard of instruction available October 2005. Under the decentralisation prog- and demographic factors. The work of driver ramme, 50 posts are due to transfer to Loughrea. testers is monitored on an ongoing basis by super- A suitable site has been identified and the Office visory driver testers to ensure that a uniform stan- of Public Works is in discussion with the county dard of test is maintained. There are procedures council on preparations necessary for lodging an in place to ensure that further training is provided application to obtain permission for the site. The if difficulties in applying this standard are decentralisation implementation group has indi- identified. cated construction commencement and com- pletion dates for the fourth quarter of 2005 and It would be inappropriate to give performance first quarter of 2007, respectively. I expect to data concerning an individual tester. I am not receive shortly from the Office of Public Works, aware of outstanding complaints at the centre in OPW, a revised timescale for the commencement question but if the Deputy has information on of construction works. matters which should be followed up, I will ensure that this is done. Road Safety.

Decentralisation Programme. 301. Mr. Bruton asked the Minister for Trans- port if his Department has considered introduc- 300. Mr. Connaughton asked the Minister for ing a national permit system to allow crane sup- Transport if the road haulage division of his pliers and other heavy goods vehicles to travel Department is to decentralise to Loughrea, from one part of the country to the next without County Galway, under the Government’s decen- having to obtain a permit from each local auth- tralisation programme or if the move to Loughrea ority in which they travel, in view of the cost to is being postponed indefinitely; and if he will business and the bureaucratic nature of the exist- make a statement on the matter. [27396/05] ing arrangement; if consideration has been given to a national system of obtaining permits for 637 Questions— 11 October 2005. Written Answers 638 vehicles of this kind; and if he will make a state- It appears that a significant proportion of Luas ment on the matter. [27427/05] users had formerly used private vehicles. Apart from car transfers, there also appears to be a sig- Minister of State at the Department of Trans- nificant number of new trips to the city centre for port (Mr. Callely): As I indicated in reply to business and-or recreation. This view is shared by Questions Nos. 774, 824, 778 and 781 of 28 city centre businesses which report substantial September 2005, all vehicles using public roads increases in business as a result of Luas and is are required by law to comply with a range of reflected in the high levels of Luas usage in the standards in respect of their construction, equip- traditional off-peak periods and at weekends. ment, use, weights and dimensions. The require- Overall, Luas has been a major success story and ments are set out in the Road Traffic is a valued and valuable addition to the public (Construction, Equipment and Use of Vehicles) transport system in Dublin. Further development Regulations 1963 to 2002 and the Road Traffic of the Luas network is being considered in con- (Construction and Use of Vehicles) Regulations text of the ten-year transport investment frame- 2003 to 2004. These regulations apply in the work, which my Department is preparing. interests of public safety and to protect road infrastructure. Railway Stations. Regulation 59 of the Road Traffic (Construction and Use of Vehicles) Regulations 303. Mr. J. Breen asked the Minister for Trans- ´ 2003 provides for the issuing of special permits by port the delay in Iarnro´ dEireann providing badly local authorities for the use of vehicles on roads needed car parking at Ennis station; and if he will notwithstanding that they contravene certain pro- make a statement on the matter. [27492/05] visions of the aforementioned regulations. Minister for Transport (Mr. Cullen): I under- Specifically, the special permit system is intended ´ to deal with vehicles carrying abnormal and indi- stand that Iarnro´ dEireann is reviewing its overall visible loads. The function is assigned to local requirement for car parking throughout the rail authorities because they are best placed to assess network and that Ennis is one of the locations the suitability of the roads in their functional being addressed. However, I have not received any proposals from either Iarnro´ dE´ ireann or Bus areas for use by non-compliant vehicles and to ´ determine the appropriate routes and itineraries Eireann with regard to car parking in Ennis. to be used in the making of journeys by such vehicles. A special permit issued by a local auth- Freight Distribution. ority may cover one or more vehicles and have a 304. Ms Shortall asked the Minister for Trans- validity of up to 12 months’ duration. I have no port the reports and recommendations he has plans for my Department to take on the function received from the Dublin Transportation Office of issuing special permits. However, in particular with regard to regional freight and goods distri- circumstances, a single special permit system bution as provided for under Article 3 of SI handled by one body has merit and I have held 289/1995; if he will publish all such reports and some discussions on this subject. I will ask my recommendations and ensure that a copy is avail- Department to explore how best to proceed. able in the Oireachtas library; and if he will make a statement on the matter. [27515/05] Light Rail Project. Minister of State at the Department of Trans- 302. Mr. Crowe asked the Minister for Trans- port (Mr. Callely): I have not received any studies port if, in view of the passing of the first year of from the Dublin Transportation Office, DTO, the operation of the Luas, he has satisfied himself with regard to regional freight and goods distri- with the practicability, frequency and size of the bution. The DTO is currently completing such a service. [27479/05] study and the question of the publication of the study is a matter for that office. Minister for Transport (Mr. Cullen): Passenger services on the Sandyford to St. Stephen’s Green and the Tallaght to Connolly Station lines are Driving Tests. operating to wide public acclaim. In 2005, Luas is 305. Mr. O’Dowd asked the Minister for Trans- on course to carry nearly 21 million passengers. port if he will establish a driving test centre in This is substantially ahead of projected passenger Drogheda; and if he will make a statement on the numbers. Recent customer surveys conducted by matter. [27599/05] Connex indicate that passenger satisfaction with the Luas service is very high across all aspects Minister for Transport (Mr. Cullen): The of the service provided. In particular, very strong location of a driving test centre must provide a satisfaction levels were recorded in terms of jour- reasonable balance between convenience to test ney times, punctuality and reliability of the applicants and the need for economy in delivering service. the driver testing service. I have no proposals to 639 Questions— 11 October 2005. Written Answers 640

[Mr. Cullen.] to Blessington, County Wicklow; if this will be provide a test centre in Drogheda as I am satis- extended in view of the increase in population fied that the existing test centres in Dundalk, over recent years and the resultant amount of Navan and Finglas provide adequately for the commuters who travel to work in Dublin on a demand for driving tests in Drogheda and the daily basis; and if he will make a statement on the general area. matter. [27788/05]

Rail Network. Minister for Transport (Mr. Cullen): There are no proposals to extend the Luas to Blessington, 306. Mr. Timmins asked the Minister for Trans- County Wicklow. port if he has examined the feasibility of extending the DART line from Greystones to Wicklow town; and if he will make a statement Public Transport. on the matter. [27618/05] 310. Mr. Timmins asked the Minister for Trans- port the position in relation to introducing a Minister for Transport (Mr. Cullen): The shuttle bus to the Luas terminal in Tallaght serv- matter to which the Deputy refers is an oper- ing the Blessington area and running every 15 ational one for the company itself to consider. minutes from 6 a.m. to 9 a.m. and from 4 p.m. to ´ However, I understand from Iarnro´ dEireann 7 p.m; if, in view of the number of persons who that there are no plans to extend the DART from commute from this area, he will introduce this Greystones to Wicklow. service; and if he will make a statement on the matter. [27792/05] 307. Mr. Timmins asked the Minister for Trans- port his plans to develop a second rail line to Minister for Transport (Mr. Cullen): Early last Greystones; if he has examined the feasibility of year Bus E´ ireann submitted a proposal similar to developing such a line; and if he will make a state- the service referred to in the Deputy’s question. ment on the matter. [27619/05] My Department’s examination of this proposal found that there are a number of other existing Minister for Transport (Mr. Cullen): I under- ´ licensed passenger bus services on parts of the stand that Iarnro´ dEireann has no plans to proposed route. develop a second railway line between Bray and My Department replied to Bus E´ ireann in Greystones. The company informs me that there March 2004 setting out alternative possibilities in are significant physical obstacles to providing a a way which would not impinge on existing double track because a large portion of the line services. In accordance with the provision of is in tunnel. While there are operating restrictions section 25 of the Road Transport Act 1958, Bus because of the single track, Iarnro´ dE´ ireann pro- E´ ireann was invited to formally apply for vides seven morning commuter services between approval should it wish to initiate the proposed Greystones and Dublin. service in full. My Department has not received any further Rail Safety. communication from Bus E´ ireann in the matter. 308. Mr. Naughten asked the Minister for No other operator has expressed an interest in Transport when the railway safety commission providing such a service. will be established in Ballinasloe; and if he will make a statement on the matter. [27644/05] Inland Waterways.

Minister for Transport (Mr. Cullen): The Rail- 311. Mr. Penrose asked the Minister for Com- way Safety Commission has not been identified munity, Rural and Gaeltacht Affairs if moneys as an early mover by the decentralisation imple- which were returned to his Department have mentation group. However, the Office of Public been spent; if there is adequate funding available Works is actively seeking a potential site in Balli- to ensure that the remainder of the works neces- nasloe. Once a site has been identified a time- sary to restore the Royal Canal to full navigability table for the move will be finalised. are available; when these works are likely to be The Report and Final Stages of the Railway finalised in order that the Royal Canal is navi- Safety Bill have commenced in the Da´il and I gable from Dublin to Shannon; and if he will expect it to be executed by the end of the year. make a statement on the matter. [27423/05] The establishment of the Railway Safety Com- mission will take place soon after. Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): The underspend to which the Deputy refers arose primarily due to Light Rail Project. the suspension of the institutions in Northern 309. Mr. Timmins asked the Minister for Trans- Ireland and the subsequent and related deferral port the position in relation to extending the Luas of the building of the Waterways Ireland head- 641 Questions— 11 October 2005. Written Answers 642 quarters in Enniskillen, which is now due to com- Canal, Longford branch. This timber crossing was mence in 2006. constructed by a third party as a short cut across In the event of an underspend under any head- the canal since the canal was closed. I understand ing, the money is either reallocated to other pro- that Waterways Ireland has no plans to install a jects within the Vote or surrendered to the footbridge at this location. Exchequer. In the case of deferral, a further pro- vision is re-entered in the Vote the following Community Development. year. I am satisfied that adequate capital funding is 314. Mr. O’Connor asked the Minister for available to Waterways Ireland to restore the Community, Rural and Gaeltacht Affairs his Royal Canal. Waterways Ireland has informed plans to continue the RAPID programme into me that the completion of the Royal Canal pro- the future; and if he will make a statement on the ject to restore navigation is a priority for the matter. [27626/05] body. By the end of 2005, Waterways Ireland will have completed works on three bridges with Minister for Community, Rural and Gaeltacht works on the replacement of Longford Road Affairs (E´ amon O´ Cuı´v): As I have stated pre- bridge due to commence towards the end of this viously, I believe that the new, refocused RAPID year. Works will commence on the remaining programme provides a long-term model to sup- three bridges in 2006 and 2007, subject to agree- port disadvantaged communities and it is my view ment with the local authority and receipt of plan- that the programme should continue into the ning permission. Waterways Ireland expects the future. canal to be fully navigable in 2008.

312. Mr. Penrose asked the Minister for Com- Drugs Task Forces. munity, Rural and Gaeltacht Affairs if a feasi- 315. Mr. O’Connor asked the Minister for bility study has been undertaken by his Depart- Community, Rural and Gaeltacht Affairs if his ment regarding the reopening of the Glasson attention has been drawn to the statement Canal, adjacent to Glasson Village, Athlone, (details supplied) by the outgoing chairman of the County Westmeath; the results of any such study; Tallaght drugs task force; his response to same; if it is proposed to take steps to promote the and if he will make a statement on the matter. reopening of this stretch of canal; and if he will [27627/05] make a statement on the matter. [27424/05] Minister of State at the Department of Com- Minister for Community, Rural and Gaeltacht munity, Rural and Gaeltacht Affairs (Mr. N. Affairs (E´ amon O´ Cuıv): Waterways Ireland has ´ Ahern): I am aware in general terms of the state- advised me that it has now completed its review ment made by the outgoing chairman of the of the options for extending a navigation channel Tallaght drugs task force. I acknowledge that from the River Shannon towards Glasson village, increased use of cocaine, in powder and more County Westmeath. The associated environmen- particularly in crack form, would present very tal report will be forwarded in the near future to serious challenges to drugs services. As the the Department of the Environment, Heritage Deputy will be aware, there is no substitution and Local Government for its consideration. Waterways Ireland intends to proceed to the treatment drug for cocaine and existing services planning process if the proposal is acceptable to such as counselling and behavioural therapy are that Department. the best treatments available. In this context, it should be noted that the 313. Mr. Penrose asked the Minister for Com- health services have recruited additional counsel- munity, Rural and Gaeltacht Affairs if contact lors and outreach workers in recent years. The will be made with Waterways Ireland with a view issue of increased poly-drug use, including to having a footbridge which serves residents at cocaine, was also examined in the context of the a location (details supplied) in County Longford mid-term review of the national drugs strategy replaced. [27600/05] and one of the key recommendations arising from the review is that increased priority be given to Minister for Community, Rural and Gaeltacht the availability and range of treatment options. Affairs (E´ amon O´ Cuı´v): Waterways Ireland, a The Deputy may also be aware that late last North-South implementation body, has responsi- year, I approved funding of almost \400,000 for a bility for the management, maintenance, develop- number of pilot cocaine projects which are being ment and restoration of inland navigable water- rolled out in selected local drugs task force areas, ways, principally for recreational purposes. The including Tallaght. The project in question is body has informed me that the footbridge in being developed through the community addic- question consists of a number of timber pallets tion response project, CARP, Killinarden, and placed at a location on the bed of the Royal St. Dominic’s. 643 Questions— 11 October 2005. Written Answers 644

[Mr. N. Ahern.] County Number of Number of Total The Government will continue to monitor this Participants Supervisors Number situation very closely. In this regard, I am meeting per County per County per representatives of the Garda national drugs unit County in the near future to discuss this and other rel- Tipperary 37 3 40 evant issues. Waterford 11 0 11 Westmeath 28 2 30 Inland Waterways. Wexford 26 2 28 316. Mr. Naughten asked the Minister for Com- Wicklow 10 1 11 munity, Rural and Gaeltacht Affairs if he will Totals 1,874 103 1,977 support the purchase of the Owenmore river in County Kerry; and if he will make a statement on the matter. [27645/05] 318. Mr. O’Shea asked the Minister for Com- Minister for Community, Rural and Gaeltacht munity, Rural and Gaeltacht Affairs the amount Affairs (E´ amon O´ Cuı´v): As I indicated in my of money spent in each of the RAPID areas in reply to Question No. 384 on 4 October 2005, it 2004 and 2005; and if he will make a statement is not my Department’s policy to make acquis- on the matter. [27927/05] itions of the type referred to by the Deputy. Minister for Community, Rural and Gaeltacht Affairs (E´ amon O´ Cuı´v): I refer the Deputy to Community Development. Question No. 219 of 10 November 2004. 317. Mr. O’Shea asked the Minister for Com- My Department, supported by Area Develop- munity, Rural and Gaeltacht Affairs the number ment Management, ADM, Limited, co-ordinates of persons employed in each county on the rural the implementation of the RAPID programme. It social scheme; and if he will make a statement on is a matter for each of the other Departments to the matter. [27926/05] report on progress on their implementation of RAPID and details of funding for the proposals Minister for Community, Rural and Gaeltacht that fall within their remit. As regards my Affairs (E´ amon O´ Cuı´v): The number of persons Department, RAPID falls to be considered under currently employed in each county on the rural the community development programme, funding social scheme is as follows: for local drugs task forces, LDTF, the young people’s facilities and services fund, YPFSF, the County Number of Number of Total RAPID leverage fund and administrative sup- Participants Supervisors Number ports for RAPID. per County per County per On community development projects, there are County also more than 110 CDP projects in RAPID areas that have received just over \10.6 million in 2004 Carlow 12 1 13 and a further \12.1 million in 2005 in funding Cavan 58 3 61 from my Department. Ten new community Clare 94 5 99 development projects in RAPID areas were Cork 108 7 115 prioritised since the commencement of the prog- Donegal 157 8 165 ramme. Projects in Bluebell, Drimnagh, Dolphin Dublin 0 0 0 House, Gurranabrahar, Inchicore, Loughlins- Galway 235 11 246 town, Merchants Quay-Ushers Quay, Shangan- agh-Rathsallagh, Longford town and Tipperary Kerry 192 9 201 have each received renewable contracts to the Kildare 5 1 6 end of 2006 with current funding set at \60,000 Kilkenny 12 1 13 per annum each. Laois 13 1 14 On drugs, my Department also has responsi- Leitrim 94 4 98 bility for the work of the 14 local drugs task Limerick 41 3 44 forces and ten regional drugs task forces. The local drugs task forces were established in the Longford 42 2 44 areas experiencing the worst levels of drug mis- Louth 7 1 8 use, particularly heroin, and many of them have Mayo 420 25 445 RAPID areas within them. Over \95 million has Meath 7 1 8 been allocated to the task forces to implement Monaghan 21 2 23 their two rounds of local action plans. A further Offaly 26 2 28 \13.6 million has been allocated to capital pro- Roscommon 131 5 136 jects under the LDTF premises initiative which is designed to meet the accommodation needs of Sligo 87 3 90 community-based drugs projects. 645 Questions— 11 October 2005. Written Answers 646

The total spend from subhead N in 2004, the through the Health Service Executive; additional majority of which was allocated to LDTF areas, funding for RAPID community-based CCTV — was \27.510 million and the allocation available the community based CCTV scheme was in the current year is \30.5 million. In addition, launched by the Department of Justice, Equality approximately \85 million has been allocated to and Law Reform, with successful applicants from support the work of the young people’s facilities RAPID areas receiving additional funding and services fund in LDTF areas and four other towards the capital cost of the scheme from the urban centres. The main aim of the fund is to Department of Community, Rural and Gael- attract “at risk” young people in disadvantaged tacht Affairs. areas into recreational facilities and activities and Special provision was also made for RAPID divert them away from the dangers of substance areas under the dormant accounts plan. RAPID, misuse. RAPID communities located in these CLA´ R and LDTF areas have benefited from just areas would, of course, benefit from this funding. over \38.4 million in funding allocations over Money is also spent under the local develop- 2004 and 2005. ment social inclusion programme, LDSIP, in On administrative supports, since the establish- RAPID areas. As the border of LDSIP partner- ment of the RAPID programme, my Department ships are not co-terminous with those of RAPID has provided approximately \6.333 million by areas, it is not possible to quantify the exact way of support to the local areas in the prep- spend in RAPID areas. aration and implementation of their plans and In 2004, I launched the RAPID leverage fund administration costs associated with the support and \4.5 million was ring-fenced to progress team in ADM. small-scale localised actions in RAPID areas through co-funding with the relevant Department 319. Mr. O’Shea asked the Minister for Com- or agency. Details of the 2004 co-funded schemes munity, Rural and Gaeltacht Affairs his proposals are as follows: local authority housing estate to expand the rural social scheme to take in other enhancement scheme 2004 — funding totalling \2 categories of rural dwellers; and if he will make a million allocated by my Department and the local statement on the matter. [27928/05] authorities; RAPID playgrounds scheme 2004 — funding totalling \3 million allocated by my Minister for Community, Rural and Gaeltacht ´ ´ Department and the Department of Health and Affairs (Eamon O Cuı´v): To be eligible to partici- Children; top-up funding under the sports capital pate in the rural social scheme, a person must be programme 2004 — my Department allocated either a farmer or a fisherperson. A dependent top-up funding of \2.2 million to successful pro- spouse of an eligible farmer or fisherperson can jects under the sports capital programme in take up the available place. There are no pro- RAPID areas; and co-fund between my Depart- posals to generally extend the scheme to persons ment and the Department of Justice, Equality outside these sectors. and Law Reform 2004 — funding totalling \351,000 for small-scale projects, IT equipment Company Closures. and minibuses. 320. Mr. Deasy asked the Minister for Agri- \ In 2005, 7.5 million funding is available to my culture and Food her plans to retain the milk pro- Department for RAPID leverage and the follow- cessing plant in Kilmeaden, County Waterford as ing schemes for RAPID areas have been a milk processing centre for farmers in the launched: local authority housing estate enhance- county; and if she will make a statement on the \ ment scheme 2005-2006 — total funding 4.5 mil- matter. [27749/05] lion with \100,000 allocated to each RAPID area, co-funded with the Department of the Envir- 331. Mr. Deasy asked the Minister for Agri- onment, Heritage and Local Government culture and Food if her Department has been in through the local authorities; RAPID health sec- discussion with the Department of Enterprise, tor co-fund — a total of \4.6 million has been Trade and Employment in relation to the closing allocated to support small-scale health and com- of the milk processing plant at Kilmeaden, munity projects, co-funded by the Department of County Waterford; the outcome of those dis- Health and Children through the Health Service cussions; and if she will make a statement on the Executive; traffic measures co-fund — total fund- matter. [27752/05] ing \2.025 million, a total of \45,000 allocated to each RAPID area, co-funded with the local auth- 333. Mr. Naughten asked the Minister for Agri- orities; playgrounds grants scheme 2005 — total culture and Food the steps she will take to retain funding \3 million, a total of \66,000 has been a company (details supplied) in County Water- allocated to each RAPID area to develop-refur- ford; the discussions she has had with the com- bish playgrounds in RAPID areas, co-funded pany; and if she will make a statement on the with the Department of Health and Children matter. [27930/05] 647 Questions— 11 October 2005. Written Answers 648

334. Mr. Naughten asked the Minister for Agri- Proposed Legislation. culture and Food the steps she will take to ensure 322. Mr. Morgan asked the Minister for Agri- that dairy farmers in County Waterford do not culture and Food if she will introduce legislation have to fund the cost of transporting milk out of or regulation to enforce the recommendation of the county for processing; and if she will make a a report (details supplied). [27371/05] statement on the matter. [27931/05] Minister for Agriculture and Food (Mary Minister for Agriculture and Food (Mary Coughlan): Compliance with good farming prac- Coughlan): I propose to take Questions Nos. 320, tice is an obligation for farmers participating in 331, 333 and 334 together. the following schemes: compensatory allowances, In September, Glanbia plc announced the clos- installation aid, the on-farm investment schemes, ure of its Kilmeaden cheese factory, with the loss REPS and the scheme of early retirement from of four full-time and 41 seasonal jobs. Cheese farming, in which it applies to transferees. Com- production will now be consolidated into Glan- pliance with good farming practice is one of the bia’s Ballyragget plant and in line with an agree- undertakings checked in the course of on-farm ment between Glanbia and Dairygold, some milk inspections relating to these schemes carried out will also be sent to Dairygold’s Mitchelstown site by my Department. for contract manufacturing. Glanbia will continue Good farming practice was also obligatory in to collect milk as normal from its Waterford milk the past for participants in the arable aid and ani- suppliers with no additional cost or incon- mal premium schemes which have now been venience. replaced by the single payment scheme. As part Closure of the seasonally operated Kilmeaden of cross-compliance under the single payment factory was a commercial decision taken by the scheme, farmers must comply with the require- company itself and was due primarily to increas- ments of the nitrates directive. The implemen- ing costs and the need for greater capacity utilis- tation of the directive is a matter in the first ation within Glanbia’s cheddar cheese manufac- instance for the Minister for the Environment, turing process. Glanbia is retaining the Heritage and Local Government, who has Kilmeaden site and is actively considering alter- recently published draft regulations to give effect native options best suited for the production of to the national action programme under the small volume, niche dairy or other products. nitrates directive. These draft regulations, which I have been assured that the combined efforts are the subject of a consultative process, include of the various agencies engaged in overseeing and controls on the use of animal manure. co-ordinating the industrial needs of the Water- ford area will deliver future employment oppor- Farm Waste Management. tunities in the Waterford region. 323. Mr. Morgan asked the Minister for Agri- culture and Food if regulation applies to control Grant Payments. and disposal of poultry litter on lands; and if and when she will introduce any such legislation or 321. Mr. P. Breen asked the Minister for Agri- regulations, and if so when. [27372/05] culture and Food when a person (details supplied) in County Clare will receive their Minister for Agriculture and Food (Mary headage payment; and if she will make a state- Coughlan): The national action programme for ment on the matter. [27318/05] the implementation of the nitrates directive sets general limits on the application of chemical ferti- Minister for Agriculture and Food (Mary liser and organic manures, including poultry lit- Coughlan): The person named included two land ter, to land in line with crop needs, as well as parcels on his 2005 single payment scheme- setting down requirements on the timing and disadvantaged areas scheme application which method of application. Detailed draft regulations appeared to overlap with a land parcel on another to give effect to the action programme have been herdowner’s application. The query on one of the published by the Minister for the Environment, parcels in question has been resolved. Both claim- Heritage and Local Government. These are cur- ants have been written to to clarify the matter in rently the subject of a consultative process. relation to the second parcel. While a reply was received on behalf of the applicant on 10 October 2005, my Department has now requested confir- Grant Payments. mation of ownership of the lands in question. 324. Mr. Penrose asked the Minister for Agri- Until this matter is resolved my Department is culture and Food if, in view of the special and not in a position to finalise the processing of the extenuating circumstances pertaining to an appli- application from the person named. cation for additional units (details supplied) 649 Questions— 11 October 2005. Written Answers 650 under the hardship provisions, she will take steps animal passports were not submitted in respect of to have the matter thoroughly reviewed again, in seven animals, only 42 animals were potentially line with the commitment recently given by her; eligible for payment. Following computer vali- if she will ensure that this person is allocated dation of these applications, it was found that additional units; and if she will make a statement seven animals were not recorded on the CMMS on the matter. [27393/05] database as being in the herd of the person named on the date of application for the scheme. Minister for Agriculture and Food (Mary Under the rules of the scheme, it was appropriate Coughlan): The person named, having been noti- that these animals be rejected, that is, not paid fied that the circumstances outlined by him did premium and a reduction penalty applied to any not satisfy the criteria for force majeure-excep- payments due in respect of other applications. tional circumstances under Article 40 of Council Given the level of non-compliance, no payment Regulation (EC) No. 1782/2003, submitted an was due to the person named under the 2004 appeal to the single payment appeals committee. scheme. Following a full review of the circumstances out- lined, the appeals committee recommended that However, having reviewed the circumstances the original decision taken by my Department of the case, the person named is being contacted should be upheld. directly by an official of my Department to clarify The force majeure-exceptional circumstances certain aspects which, if they can be satisfactorily provisions of the single payment regulations resolved, would allow payment to be made. allow for the exclusion of a year or years from The person named has submitted an appli- the 2000 to 2002 reference period from the calcu- cation for consideration in respect of the inherit- lation of the single payment entitlements where ance measure of the single payment scheme after production in any reference year was clearly the 2000 and 2002 reference period. Following an affected by a case of force majeure or excep- initial examination of his application, he was tional circumstances. requested to submit a copy of the grant of My Department is satisfied that the person probate. named suffered serious health problems in The required information has been submitted October 2001. However, production remained and the person named has been notified of his relatively constant throughout the reference successful Inheritance application. An amended period and the exclusion of a year or years would statement of his single payment entitlements not impact significantly on the amount of his sin- including the inherited entitlements was issued to gle payment. There are no provisions under the him on 6 October 2005. force majeure-exceptional circumstances measure of the single payment scheme for the allocation 326. Mr. Connaughton asked the Minister for of any additional units-entitlements. Agriculture and Food when the single payment will be made available to a person (details 325. Mr. Connaughton asked the Minister for supplied) in County Galway; the amount payable; Agriculture and Food the reason the ten and 22 and if they have received official contribution of months special beef premium 2004 has not been this figure. [27395/05] awarded to a person (details supplied) in County Galway; if her attention has been drawn to the Minister for Agriculture and Food (Mary fact that this person inherited a farm in 2004; if her attention has further been drawn to the fact Coughlan): The person named submitted an that when the transfer of cattle from this farm application requesting consideration in respect of to a herd number was being implemented a pre- the Inheritance measure of the single payment movements test showed up tuberculosis reactors; scheme. Following an initial examination of the if her attention has further been drawn to the fact application the person named was requested on 9 that her Department insisted that cattle be left on February 2005 to submit a copy of the deed of the inherited farm under a herd number until this transfer. This information had not been received herd had been given the all clear; if her attention by 11 August 2005 and the person named was has further been drawn to the fact that there has advised that his application was unsuccessful. been no mixing of cattle between the two herd The required information has now been sub- numbers; when payment will be made; and if she mitted and the application has been processed will make a statement on the matter. [27394/05] and the person named has been advised that his request for inheritance under the single payment Minister for Agriculture and Food (Mary scheme has been successful. The person named Coughlan): The person named submitted four has inherited 15.44 single payment entitlements applications in respect of a total of 49 animals with a gross value of \3,314.20. under the 2004 special beef premium scheme. As 651 Questions— 11 October 2005. Written Answers 652

Farm Retirement Scheme. below for each of the years 1994 to 2005. The amounts paid each year are also shown. 327. Mr. Ring asked the Minister for Agri- culture and Food the position regarding her Year ended Entrants to the Payments review of the farm early retirements scheme; her Scheme plans to abolish this scheme; the number of per- sons who have availed of the scheme since it was (\ million) first introduced; the value per annum of payments 31 December 1994 1,962 6.94 made under this schemes; the value of payments 31 December 1995 2,198 35.15 made each year since the scheme was introduced; 31 December 1996 1,795 55.92 the estimate of the value of payments made each 31 December 1997 1,796 72.45 year since the scheme was introduced; if the pay- 31 December 1998 1,305 84.94 ments had been index linked; and if she will make 31 December 1999 1,608 87.05 a statement on the matter. [27441/05] 31 December 2000 41 90.88 Minister for Agriculture and Food (Mary 31 December 2001 805 79.88 Coughlan): I have not taken a decision on the 31 December 2002 809 78.83 future of the early retirement scheme. The Euro- 31 December 2003 528 78.11 pean Council regulation covering the current 31 December 2004 307 71.17 scheme will expire in December 2006. The 30 September 2005 130 46.25 Council regulation on rural development for the period from 2007 to 2013 again includes provision Up to 31 December 1999 the early retirement for member states to operate early retirement scheme was 75% funded by the EU. Since 1 measures. No decisions have yet been taken January 2000 the level of EU funding is 50%. regarding the schemes to be operated in Ireland The rate of pension payable under the 1994 under this regulation. scheme of early retirement from farming is the The early retirement scheme was introduced as maximum amount provided for by the European one of a number of instruments to improve the Council regulation under which the scheme was age structure of Irish farming and improve the introduced. My Department’s original proposals viability of farm holdings. From that point of for the current scheme, which commenced on 27 November 2000 and is one of the measures in the view, the first scheme from 1994 to 1999 was not Common Agricultural Policy, CAP, rural unsuccessful. However, take-up of the current development plan for the period 2000 to 2006, scheme has fallen short of expectations, and an included provision for annual increases in pen- expenditure review carried out in my Department sion over the period of the plan. The European in 2004 raised a number of questions about the Commission rejected this proposal and insisted effectiveness of the scheme in achieving its objec- on legal grounds that a fixed rate be set instead. tives. Structural reform is still a priority both at home and at European level, and we still need to Departmental Staff. provide opportunities for young farmers. In fram- 328. Mr. Naughten asked the Minister for Agri- ing proposals for the next rural development culture and Food the amount of overtime paid to round we need to consider how best to achieve staff of her Department each year from 1997 to those results in the light of the funding and the end of 2004; the average amount paid to each options that are available. employee in 2004; the highest amount paid to a Details of the number of participants who single employee in 2004; and if she will make a entered the 1994 scheme of early retirement from statement on the matter. [27447/05] farming, which closed to new applicants on 31 Minister for Agriculture and Food (Mary December 1999, and the current scheme intro- Coughlan): The information requested by the duced in November 2000, are set out in the table Deputy is set out below.

1997 1998 1999 2000 2001 2002 2003 2004

\m \m \m \m \m \m \m \m

Overtime \9.640 \9.885 \9.695 \9.640 21.871 20.517 10.800 9.13 (£7.592) (£7.785) (£7.636) (£7.592)

The average amount paid to each employee in In the context of my Department’s administra- receipt of overtime in 2004 was \4,120. The high- tive budget, payments in respect of overtime are est amount paid to a single employee in 2004 was monitored on a continuous basis. The use of over- \45,711 of which \7,711 was in respect of over- time in my Department is an efficient mechanism time worked in 2003. 653 Questions— 11 October 2005. Written Answers 654 for dealing with peaks in the levels of activity that entitlements, and to implement additional EU arise with many of my Department’s schemes and cross-compliance requirements. The external is one of the strategies used by management to costs to date are under \4 million. The costs of match resources available to my Department with the systems to be built in 2006 are still the subject fluctuating demands in an efficient and cost effec- of negotiation. The future maintenance costs of tive manner. the system will be dictated by the level of func- tionality required, as further regulations are Animal Identification Scheme. implemented. The systems extensively re-use work already carried out on the iMAP system, 329. Mr. Naughten asked the Minister for Agri- developed for the premia — disadvantaged area culture and Food if she will furnish a reply to cor- schemes. This has greatly reduced the cost. These respondence (details supplied); and if she will systems will support annual payments of approxi- make a statement on the matter. [27484/05] mately \1.5 billion. Minister for Agriculture and Food (Mary Question No. 331 answered with Question Coughlan): A reply on this matter has now issued to the Deputy. Under the scrapie programme the No. 320. flock in question was restricted on 12 January 2005. Following receipt of the genotype results, Departmental Programmes. the tagging arrangements employed were in 332. Mr. O’Shea asked the Minister for Agri- accordance with the tagging regime used for all positive flocks. The colour-coded tags used, culture and Food further to Parliamentary Ques- green, blue and orange, are designed to assist tion No. 163 of 4 October 2005, her proposals to with flock management by providing a visual have research carried out in regard to non-quota guide to identify sheep in the various genotype beet production in the matter of the use of sugar categories. beet in the production of ethanol; and if she will make a statement on the matter. [27764/05] Grant Payments. Minister for Agriculture and Food (Mary 330. Mr. Naughten asked the Minister for Agri- Coughlan): The latest call for proposals under my culture and Food the cost of installing and main- Department’s research stimulus fund specifically taining the computer system for the issue of the includes research projects on biofuels, as well as single farm payment; and if she will make a state- projects relating to other non-food uses of crops. ment on the matter. [27751/05] The outcome of this call is not yet available but the nature of the projects to be funded will Minister for Agriculture and Food (Mary depend on the proposals received. Coughlan): The single payment scheme project will deliver computer systems to deal with all Questions Nos. 333 and 334 answered with aspects of the single payment and the Question No. 320. disadvantaged area scheme, including land infor- mation, the establishment and trading of entitle- ments, cross compliance and payments. Residency Permits. The Department opted for the earliest imple- 335. Mr. P. McGrath asked the Minister for mentation date allowable. Details of the relevant Justice, Equality and Law Reform when an appli- regulations have been subject to ongoing nego- cation for residency and naturalisation will be tiation. Consequently, this project has been processed for a person (details supplied) in phased to ensure that the various elements of the County Westmeath; and if he will make a state- system have been available at the various stages ment on the matter. [27346/05] as required. This is being done to an extremely tight deadline. The overall project is running to schedule. Fully decoupled payments are expected Minister for Justice, Equality and Law Reform to commence on the 1 December 2005. (Mr. McDowell): The person in question made an The development of systems for calculation of application for residency in the State as the individual entitlements and creation of the spouse of an EU citizen exercising EU treaty national database of entitlements was completed, rights in Ireland in May 2005. In order for an culminating in the issue of provisional entitle- application of this nature to be approved, the EU ments to farmers earlier this year. The system to citizen must reside and work in the State. manage the process of annual claims for the sin- Although evidence has been provided to show gle payment is under development and will be that the EU citizen resides in the State, no evi- ready to issue payments to farmers in December. dence has been provided to prove that the EU It will be necessary to build further systems in citizen works in the State. On receipt of this docu- 2006 to facilitate trading of single payment mentation a decision will be taken on the case. 655 Questions— 11 October 2005. Written Answers 656

[Mr. McDowell.] now been released; if not, the reason any such My Department has no record of an appli- prisoner has not been released; and if he will cation for naturalisation from the person to make a statement on the matter. [27349/05] whom the Deputy refers. Minister for Justice, Equality and Law Reform Anti-Social Behaviour. (Mr. McDowell): All prisoners specified as “qual- ifying prisoners” in accordance with Section 3(2) 336. Aengus O´ Snodaigh asked the Minister for of the Criminal Justice (Release of Prisoners) Act Justice, Equality and Law Reform the steps which 1998 have had their cases forwarded to the will be taken to ensure that the incidents of anti- Release of Prisoners Commission for its advice. social behaviour including the burning of wheel- The recommendations of the commission were chair accessible minibus which have been occur- followed in each case and all but one person has ring regularly in an area (details supplied), now been released from custody. Dublin are not allowed to continue. [27347/05] In regard to this case, the Release of Prisoners Minister for Justice, Equality and Law Reform Commission has advised that this person should (Mr. McDowell): I am informed by the Garda be released but only following an appropriate authorities that the incident to which the Deputy pre-release programme involving stringent con- refers was responded to by members of the Garda ditions. As part of the first phase, this individual Sı´ocha´na on community policing duties in the has been receiving regular short periods of tem- area at the time. I am further informed that the porary release. fire service was contacted immediately and also I am reviewing the case and will consider the attended the scene. I understand that the incident next steps to be taken in the light of all the infor- is under investigation by the gardaı´ at Bally- mation and views I receive. fermot Garda station. I am assured that local Garda management are Garda Operations. satisfied that there are adequate resources to meet the policing needs of the area and will 339. Mr. Gregory asked the Minister for ensure that a concentrated visible presence is Justice, Equality and Law Reform the role of the maintained in the area concerned. However, the Garda in regard to the prosecution of persons situation will be kept under review in the overall perpetrating cruelty against animals; the reason context of the needs of Garda districts through- gardaı´ on duty at the Ballinasloe horse fair failed out the country. to take action when their attention was drawn to There are three Garda youth diversion projects cruel practices (details supplied); if the Garda will in the Ballyfermot area. These projects are liaise with the fair organisers to exclude from the specifically directed at diverting young people fair in 2006 those elements which organise such away from crime including car theft and so called practices; and if he will make a statement on the joy riding. matter. [27350/05]

Visa Applications. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed that the Garda ´ 337. Aengus O Snodaigh asked the Minister for Sı´ocha´na investigate all allegations of persons Justice, Equality and Law Reform the delay in perpetrating cruelty against animals and pros- granting a holiday visa to a person (details ecutions are taken against such persons, where supplied). [27348/05] evidence is obtained. I am further informed that the Garda Sı´ocha´na Minister for Justice, Equality and Law Reform in Ballinasloe have a close liaison with the Irish (Mr. McDowell): I am informed that the visa Society for Prevention of Cruelty to Animals, application to which the Deputy refers is in fact ISPCA. Representatives of the ISPCA are reference number 1761186. present during the Ballinasloe horse fair. Alle- Application number 1761186 was received on gations of cruelty made by members of the public 25 August and was approved less than four weeks are initially examined by the ISPCA in conjunc- later on 20 September 2005, which was well tion with on-site veterinary surgeons. Gardaı´ are within the stated processing time for applications. formally notified where evidence of cruelty exists The Department of Foreign Affairs forwarded this decision to the Irish mission in the applicant’s and an investigation is then commenced. country of origin on 22 September 2005. In respect of this year’s fair, one complaint of alleged cruelty was made to gardaı´ on 2 October. The Garda authorities have advised me that they Prisoner Releases. made contact with the ISPCA, who reported back 338. Mr. Gregory asked the Minister for that upon investigation there was no substance to Justice, Equality and Law Reform if all prisoners the complaint. I am informed that the person to covered by the Good Friday Agreement have whom the Deputy refers did not make any com- 657 Questions— 11 October 2005. Written Answers 658 plaint to the Garda authorities of cruelty to ani- Prison Sentenced mals at the fair. There is no legislative provision to exclude Portuguese 3 from the fair any particular individual or groups Algerian 2 of people. I am assured that the Garda Sı´ocha´na Estonian 2 hold regular meetings with the fair organisers to Latvian 2 review the ongoing operation of the fair including Sierra Leonean 2 the treatment of animals. Australian 1 Brazilian 1 Garda Discharges. Canadian 1 340. Mr. Allen asked the Minister for Justice, Congolese 1 Equality and Law Reform if he will carry out an Guyanan 1 investigation as to the way a person (details Iraqi 1 supplied) was discharged from the Garda Sı´och- Ivory Coast 1 a´na on the grounds of infirmity of mind due to Jamaican 1 the fact that they were never examined by a con- sultant psychiatrist or psychologist but was effec- Kenyan 1 tively forced out on the findings of the Garda Liberian 1 general practitioner. [27351/05] Malaysian 1 Russian 1 Minister for Justice, Equality and Law Reform Somalian 1 (Mr. McDowell): The matters raised by the Spanish 1 Deputy are the subject of a High Court civil Trinidad & Tobago 1 action which has not been discontinued. In the Turkish 1 circumstances it would be inappropriate for me to comment further. Vietnamese 1 Zimbabwe 1 Unknown 4 Prisoner Numbers. 341. Mr. G. Mitchell asked the Minister for Total 2,520 Justice, Equality and Law Reform the number of convicted prisoners here at present; the break- The number of non-EU nationals totals 86 and down of these by nationality; and if he will make has been calculated as 3.4% of the sentenced a statement on the matter. [27373/05] population. The number of non-Irish EU nationals amounts to 91 and corresponds to 3.6% Minister for Justice, Equality and Law Reform of those serving sentences. A total of 93% of sen- (Mr. McDowell): The information requested by tenced persons are of Irish nationality. the Deputy is set out in the table. The data con- tained therein relates to those serving prison sen- Child Care. tences on 4 October 2005. 342. Mr. Crawford asked the Minister for Prison Sentenced Justice, Equality and Law Reform if he has received an application for capital grant towards Irish 2,339 a child care group (details supplied) in County British 64 Cavan; and if so, when a decision will be made on same; and if he will make a statement on the South African 17 matter. [27381/05] Chinese 14 Lithuanian 8 Minister for Justice, Equality and Law Reform Romanian 7 (Mr. McDowell): The child care directorate of my Nigerian 7 Department has no record of an application for Polish 5 capital grant assistance in the name of the group in question. Albanian 4 Should an application be received from the Niger 4 group, it will be forwarded to Area Development Czech 3 Management Limited, ADM, which is engaged American 3 by my Department to carry out detailed assess- Dutch 3 ments of all applications received under the equal Georgian 3 opportunities child care programme, EOCP. Kosovan 3 Each application for funding undergoes a thor- ough assessment by ADM to ensure that it meets Pakistani 3 the EOCP funding criteria. 659 Questions— 11 October 2005. Written Answers 660

Visa Applications. I understand that, in circumstances where the completion of an application in a particular case 343. Mr. Morgan asked the Minister for Justice, is urgent, the Land Registry will make every Equality and Law Reform when a decision will reasonable effort to facilitate such requests on be made regarding an application by a person receipt of a written explanation as to the reason (details supplied) in County Louth for permission underlying the urgency. to remain here; the reason the decision is taking so long; and if he will make a statement on the matter. [27397/05] Visa Applications. 345. Mr. McGuinness asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform if he will (Mr. McDowell): The person concerned, a Niger- arrange a further appeal in the case of a person ian national, arrived in the State on 21 May 1997 (details supplied) in County Kilkenny, whose and applied for asylum. His claim for refugee cousin was refused a visa to visit them; the reason status was considered under the process then they were refused in view of the fact that it was applicable and was refused by the asylum division clearly demonstrated that the couple intended to of my Department. He was notified of the return after a short visit; and if he will make a decision on 12 March 1999 and again on 1 June statement on the matter. [27405/05] 1999. He appealed this decision to the appro- priate body at the time, the appeals authority, which affirmed the decision of the asylum div- Minister for Justice, Equality and Law Reform ision. He was notified of this decision on 31 July (Mr. McDowell): An extensive set of criteria 2002. applies when assessing any visa application. In accordance with section 3 of the Immi- These criteria, to a large extent, depend on the gration Act 1999, the person concerned was context in which the application is made, the per- informed on 20 September 2002 that the Minister sonal circumstances of the applicant, and the nat- proposed to make a deportation order in respect ure and purpose of the application itself. Govern- of him. In accordance with the Act, he was given ment policy of the day will also have an influence the options of making representations within 15 on the assessment of applications falling into working days setting out the reasons why he specific categories. should not be deported namely, be allowed to The onus rests with the applicant to provide remain temporarily in the State; leaving the State evidence of actual ties with their country of before the deportation order was made; or con- origin, which may be ties of an economic, social, senting to the making of the deportation order. personal or professional nature. Such ties are Representations setting out reasons why he factors which may be taken into consideration should not be deported were subsequently when examining an application for a visa. An received. applicant for a visit visa seeks to enter the State I expect the case file in this matter to be sub- for a short period only and must clearly demon- mitted to me shortly for decision. This decision strate that he or she will adhere to the conditions will be taken having regard to considerations of the visa. specified in section 3(6) of the Immigration Act The visa applications in question were received 1999, as amended. These considerations include in my Department on 27 July 2005 and were matters relating to the common good, the per- refused on 28 August 2005. The applications were son’s family and domestic circumstances, as well the subject of an appeal by the applicants at as humanitarian considerations. Consideration which time additional information was supplied will also be given to the prohibition of refoule- to my Department addressing the reason for ment which is contained in section 5 of the Refu- refusal. However, the visa appeals officer was gee Act 1996, as amended. unable to conclude that the initial decision should be overturned and the decision to decline the grant of a visa was upheld. As each application is Registration of Title. entitled to only one appeal, no further review can 344. Mr. Connaughton asked the Minister for be facilitated. Justice, Equality and Law Reform when a dealing number (details supplied) will be completed; if Citizenship Applications. his attention has been drawn to the urgency of this dealing; and if he will make a statement on 346. Ms C. Murphy asked the Minister for the matter. [27398/05] Justice, Equality and Law Reform if applicants are waiting between eight and 18 months for post- Minister for Justice, Equality and Law Reform nuptial citizenship applications to be processed; (Mr. McDowell): I wish to inform the Deputy the actual processing time; the reason for such a that I have requested the Land Registry to con- long delay; the provision which is made for appli- tact him directly concerning the current position cants who wish to travel outside Ireland or work of the application in question. whilst awaiting the processing of their appli- 661 Questions— 11 October 2005. Written Answers 662 cations; and if he will make a statement on the that if they are visa-required nationals, they can matter. [27443/05] apply to the Department of Foreign Affairs for re-entry visas prior to their departure from the Minister for Justice, Equality and Law Reform State. (Mr. McDowell): Section 8 of the Irish National- Matters related to non-nationals working in the ity and Citizenship Act 1956, as amended, pro- State are appropriate to be dealt with by the vides that a non-national who is married to an Department of Enterprise, Trade and Irish citizen, who is Irish other than by naturalis- Employment. ation, post-nuptial citizenship or honorary citizenship, for a period of at least three years, Traffic Offences. may lodge a declaration accepting Irish citizen- ship as post-nuptial citizenship. The marriage 347. Cecilia Keaveney asked the Minister for must be subsisting at the date of lodgement of Justice, Equality and Law Reform the number of the declaration. Furthermore, the couple must be convictions that arose per county in 2004 as a living together as husband and wife and the Irish result of the 12,307 detections for driving while spouse must submit an affidavit to that effect intoxicated; the number of cases still pending; and when the declaration is being lodged. if he will make a statement on the matter. The continued availability of this process is [27474/05] finite because it was repealed in the Irish Nationality and Citizenship Act 2001. However, Minister for Justice, Equality and Law Reform it remains open to non-nationals who married (Mr. McDowell): I regret that it has not been pos- prior to 30 November 2002 and who fulfil the sible in the time available to compile the statistics statutory conditions of three years’ marriage etc. requested by the Deputy. I will of course contact This window of opportunity will cease with effect the Deputy again when the figures are to hand. from 29 November 2005. Persons who marry on or after 30 November 2002, or persons who mar- Extradition Orders. ried prior to that date but do not avail of the post- nuptial process prior to 29 November 2005, must 348. Mr. Costello asked the Minister for apply for naturalisation. Justice, Equality and Law Reform the reason an The table shows the number of declarations of application for the extradition of a person (details post-nuptial citizenship received and certificates supplied) in County Wicklow was not made in of citizenship issued on foot of such declarations order that the trial could be held here where the in the last five years. murder occurred; and if he will make a statement on the matter. [27477/05] Year Declarations Certificates received issued Minister for Justice, Equality and Law Reform (Mr. McDowell): The system which was in oper- 2001 1,502 1,419 ation at the time for extradition between Ireland 2002 1,728 1,550 and the UK was based on Part 3 of the Extra- 2003 2,491 2,272 dition Act 1965. In accordance with the pro- 2004 2,825 2,449 visions of Part 3 it was a matter for the Garda 2005 1,678 1,471 Commissioner, in consultation with the Director (end of June) of Public Prosecutions, to decide on such matters. Neither I as Minister nor my Department had any role in the procedure. The processing time for such declarations is between ten and 12 months at the present time. The main reason for this is the increase in the Visa Applications. volume of declarations being received over the 349. Mr. Neville asked the Minister for Justice, last few years. The ending of the scheme on 29 Equality and Law Reform the situation regarding November 2005 is likely to have contributed to the appeal of a holiday visa for a person (details this increase in that persons who, but for the end- supplied). [27510/05] ing of the scheme may not have lodged declar- ations, have decided to do so. Minister for Justice, Equality and Law Reform The number of declarations received and cer- (Mr. McDowell): The visa application to which tificates issued in the whole of 2001 was surpassed the Deputy refers was refused on 9 August. In in the first six months of 2005. This can be attri- this case, the visa officer was unable to conclude buted to an ongoing streamlining of procedures that the applicants had demonstrated sufficient coupled with the assignment of additional staff to evidence of their obligations to return home fol- the citizenship section in recent months. lowing the proposed visit and based on the infor- In respect of persons awaiting the finalisation mation provided it did not appear that the pro- of consideration of their declarations and who posed visit was essentially short term in nature. wish to travel outside of Ireland, the position is 663 Questions— 11 October 2005. Written Answers 664

[Mr. McDowell.] replace the national steering committee on viol- There is no record of any appeal having been ence against women with a statutory independent lodged in respect of this case. Appeals must be body with responsibility for monitoring and pro- received within two months of the date of notifi- gressing the implementation of measures combat- cation of refusal. ing violence against women and for developing and monitoring national research and data collec- Legalisation of Fireworks. tion, guidelines, policies, training and awareness- raising. [27533/05] 350. Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform his views on Minister for Justice, Equality and Law Reform the need to legalise and regularise the use of fire- (Mr. McDowell): I propose to take questions Nos. works in order to ensure a safer use of these 351 and 352 together. devises than is currently in place; and if he will As the Deputy will be aware, the national ste- make a statement on the matter. [27513/05] ering committee on violence against women, or NSC, which is chaired by a Minister of State in Minister for Justice, Equality and Law Reform my Department, was established in 1997 follow- (Mr. McDowell): The Explosives Act 1875 pro- ing the publication of the report of the task force vides for the control of the importation, manufac- on violence against women. A wide range of rel- ture, storage and sale of fireworks and, under the evant non-governmental organisations are rep- Act, any person wishing to import fireworks into resented on the committee, along with the key the State must first obtain an importation licence State bodies with a role in this field. The commit- from me. It is long-standing policy to grant tee’s remit is to provide a forum for the co-ordi- importation licences only for organised fireworks nation of responses to violence against women, displays conducted by professional and experi- and a great deal has been achieved since its enced operators and not to allow the importation inception. of fireworks for sale to the general public. Earlier this year my Department, in conjunc- Last February, I published a fireworks policy tion with the NSC, commissioned the preparation consultation document and initiated a process of of a new strategic plan for the committee to guide consultation with a view to bringing forward pro- its work over the next five to ten years, taking posals for amending and strengthening the pro- into account the recommendations contained in visions in the 1875 Act. My Department has the task force report and the progress achieved received a wide range of submissions in response to date, as well as issues which have arisen since to the consultation document which are being the publication of the report. That project has examined. involved extensive consultation with interested It is already clear, from the submissions parties, as well as an evaluation of the working received, that, among the options for change out- methods and structures of the committee, with a lined in the consultation document, there is a view to enhancing their effectiveness further. The general acknowledgement of the need to strategic plan is expected to be completed early strengthen the enforcement provisions in the next year and will be broadly disseminated in 1875 Act. Accordingly, I propose to take the advance of implementation. opportunity presented by the Criminal Justice Bill 2004, which is before the House, to bring for- Garda Deployment. ward, on Committee Stage of that Bill, amend- ments that will provide for new offences govern- 353. Mr. Timmins asked the Minister for ing the misuse of fireworks in public places and Justice, Equality and Law Reform the number of an offence of possession of illegally imported fire- gardaı´ stationed at Aughrim, County Wicklow; if works with intent to supply. I also propose to he will consider allocating a patrol car to the increase significantly penalties governing the gardaı´ based there in view of the large area that illegal importation, sale and use of fireworks. they have to cover; and if he will make a state- ment on the matter. [27614/05] Crime Prevention. Minister for Justice, Equality and Law Reform 351. Mr. J. Higgins asked the Minister for (Mr. McDowell): I have been informed by the Justice, Equality and Law Reform if he will take Garda authorities, who are responsible for the steps to develop and adopt a national strategy on detailed allocation of resources, including person- violence against women that would provide a nel, that the personnel strength of Aughrim framework for monitoring and evaluating the Garda station on 6 October 2005 was two gardaı´. progress of measures combating violence against Local Garda management reports that gardaı´ women. [27532/05] allocated to Aughrim Garda station make use of the patrol car attached to Avoca Garda station. 352. Mr. J. Higgins asked the Minister for Incidents requiring attention at Aughrim are Justice, Equality and Law Reform if he will attended to by mobile uniform and plain clothes 665 Questions— 11 October 2005. Written Answers 666 patrol units from the Wicklow district. Those consultancy process has recently concluded, and units also pay attention to the Aughrim sub-dis- the Garda authorities are now finalising their pro- trict while on regular patrols. posals in consultation with my Department. Garda resource allocations throughout the country, together with overall policing arrange- Commissions of Investigation. ments and operational strategy, are constantly monitored and reviewed. Such monitoring 355. Mr. Healy asked the Minister for Justice, ensures that optimum use is made of Garda Equality and Law Reform his views on the terms resources and that the best possible service is pro- of reference of the Rossiter inquiry; if the inquiry vided to the public. will be established under recent public inquiry legislation rather that the out-of-date Dublin Pol- ice Act 1924 in order that a full, transparent and Closed Circuit Television Systems. effective public inquiry takes place into the death 354. Mr. Healy asked the Minister for Justice, of a person (details supplied); and if he will make Equality and Law Reform when he will provide a statement on the matter. [27640/05] funding for the installation of closed-circuit tele- vision cameras for Clonmel; the time scale for the Minister for Justice, Equality and Law Reform installation; when the work will commence; and (Mr. McDowell): I am satisfied that the terms of if he will make a statement on the matter. reference of the inquiry which I have appointed [27639/05] Mr. Hugh Hartnett SC to hold into the arrest, detention and treatment of Brian Rossiter and Minister for Justice, Equality and Law Reform the investigation of his death will enable the facts (Mr. McDowell): Clonmel is one of 17 locations surrounding this regrettable incident to be ascer- nationwide to be selected to receive a Garda tained in a thorough and speedy manner. CCTV system. This programme of installing I am also satisfied that on the basis of legal CCTV systems is being implemented on a phased advice received, with which I concur, section 12 basis as follows: phase 1 — Bray, Dundalk, Du´ n of the Dublin Police Act 1924, as amended, pro- Laoghaire, Finglas, Galway and Limerick; phase vides an adequate mechanism for the inquiry. 2 — Athlone, Clondalkin, Tallaght and Water- That section gives Mr. Hartnett powers to sum- ford; phase 3 — Ballyfermot, Carlow, Castlebar, mon witnesses and examine them on oath. Clonmel, Ennis, Kilkenny and Sligo. Phase 1 has While the manner in which the inquiry is to be been completed in five of the six locations. held is a matter for Mr. Hartnett, he has indicated Installation of CCTV systems is of necessity a to me that it will not be held in public. However, detailed, complex and lengthy process. I am I intend to publish his report when I have anxious to accelerate the implementation of the received it from him. I point out to the Deputy CCTV programme and reduce as far as possible that the Commissions of Investigation Act 2004, the workload of the Garda Sı´ocha´na in that to which I assume the Deputy is referring in his regard. I believe that the answer is to outsource question, sets out a similar approach. the installation of Garda CCTV systems to the greatest extent possible, making use not only of Visa Applications. the technical but also of the project management expertise in the private sector. I have asked the 356. Caoimhghı´nO´ Caola´in asked the Minister Commissioner to submit proposals for outsourced for Justice, Equality and Law Reform, further to CCTV systems in the 11 locations in the remain- Parliamentary Question No. 439 of 4 October ing two phases with a view to achieving imple- 2005, if a decision to refuse the visa was reached mentation in priority locations, including on 24 August 2005; the reason that decision did Clonmel, by the end of 2006. not appear on his Department’s visa decisions As a first step in that process, the Garda auth- web page until 3 October 2005; the further reason orities engaged a consultancy firm to examine all no notification of the decision was issued until aspects of Garda involvement in CCTV systems, requested by this Deputy on 28 September 2005; including the installation, operation and manage- and if a decision on the appeal will be expedited ment of CCTV systems; monitoring, recording in view of the fact that a month had elapsed and related activities; accommodation and before the applicant was informed of the situation of facilities and staff regarding the town decision. [27726/05] CCTV system and Garda station premises; and assessment of the civilianisation of Garda CCTV Minister for Justice, Equality and Law Reform monitoring conducted under the management of (Mr. McDowell): The application in question was the Garda Sı´ocha´na. received by my Department on 24 August. The The consultancy firm also examined which pro- decision was reached on 26 September 2005. curement model is the most suitable regarding I assure the Deputy that my Department noti- commercial viability and cost-effectiveness for fies applicants of decisions as soon as possible and the provision of town-centre CCTV systems. That that if an error were ever to occur whereby an 667 Questions— 11 October 2005. Written Answers 668

[Mr. McDowell.] recommend that the project should continue to applicant was not notified within a reasonable be funded under the staffing measure of the timeframe, a late appeal would of course be EOCP. The group offers a limited service of one accepted. session per day, which has not expanded since the In this case, the Department of Foreign Affairs original staffing grant was approved. As a result, was arranging to notify the applicant of this it was considered that the group had not suf- decision through the standard channels. Before ficiently addressed the conditions attached to its that process could be completed, a request was initial staffing grant or moved towards fully meet- received from the Deputy’s office with regard to ing the objectives of the EOCP. the application. As a result, the numerous reasons An appeal regarding that staffing grant was for refusal were faxed to the Deputy on 29 received in June 2005 and forwarded to ADM for September 2005. The decision was listed on the assessment. I understand that the appeal is in the website on 3 October 2005 as part of the normal final stages of the appraisal process. On com- weekly update. pletion of that process, a decision will be made Any appeal lodged by the applicant must be by my Department and communicated to the received within two months of the date of the group at the earliest possible date. decision letter, which was 4 October 2005. Any appeal should be accompanied by additional Visa Applications. documentation designed to address the reasons for refusal outlined above and with regard to the 358. Mr. Durkan asked the Minister for Justice, criteria previously explained. Equality and Law Reform if he will review the decision to refuse a visa application for persons (details supplied) in County Kildare; and if he Grant Payments. will make a statement on the matter. [27728/05] 357. Mr. Walsh asked the Minister for Justice, Equality and Law Reform if a capital grant and Minister for Justice, Equality and Law Reform staffing grant will be sanctioned to a group (Mr. McDowell): In the case of all non-EEA (details supplied) in County Cork. [27727/05] workers seeking to be joined by their family members, they must be in a position to support Minister for Justice, Equality and Law Reform the family members in question without the need (Mr. McDowell): As the Deputy may be aware, for those family members to have recourse to the community-based group in question submit- public funds or paid employment. ted an application for capital grant assistance to When assessing applications of this type, the my Department in February 2005. The appli- visa officer will consider, among other factors, cation was forwarded immediately to Area whether the level of salary of the worker would Development Management Limited, or ADM, come within the ambit of qualifying for payment which is engaged by my Department to carry out from public funds. In that regard, the criteria set the day-to-day administration of the equal oppor- by the Department of Social and Family Affairs tunities child care programme from 2000 to 2006, for eligibility for family income supplement pay- EOCP, including detailed assessments of all ment, or FIS, are used — the criteria, which may EOCP grant applications. Each application change from time to time, are available on that undergoes a thorough assessment by ADM to Department’s website at ensure that it meets the EOCP funding criteria. www.welfare.ie/publications/sw22.html. If the I understand from inquiries that I have made level of the worker’s income as evidenced by his that ADM has been in dialogue with the group or her payslips or P60 would qualify for FIS pay- and received correspondence from it clarifying ments, the application for a visa is generally certain outstanding issues. Following the assess- refused. The visa officer will expect to see suf- ment, the application for capital grant assistance ficient evidence of the financial status of the will be considered by the programme appraisal applicant in the form of several payslips and committee, or PAC, which is chaired by my detailed bank statements covering, at a minimum, Department, before a decision is made regard- a two- to three-month period. The documentation ing funding. supplied should demonstrate a consistent finan- The group in question was awarded staffing cial history and evidence of regular income. grant assistance under the EOCP of \12,000 for The application was the subject of an appeal by one year in March 2003. That funding was the applicant, at which time additional infor- approved to allow the group to submit a develop- mation was supplied to my Department in an ment plan for the service and to progress its capi- effort to address the reasons for refusal. tal grant application. However, the visa appeals officer was unable to An application for further staffing grant assist- conclude, based on the additional information ance was considered by the PAC in March 2005. supplied, that the initial decision should be over- Having considered the application in the light of turned, and consequently the decision to decline all information made available, the PAC did not the grant of a visa was upheld. 669 Questions— 11 October 2005. Written Answers 670

As each application is entitled to only one Minister for Justice, Equality and Law Reform appeal, no further review can be facilitated. (Mr. McDowell): I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including person- Asylum Applications. nel, that the personnel strength, covering all 359. Mr. Durkan asked the Minister for Justice, ranks, of the Limerick division at the end of each Equality and Law Reform the status of an appli- year from 1997 to 2004 and as at 6 October 2005 cation for refugee status in the case of a person is as set out in the table below. (details supplied) in County Kerry; and if he will make a statement on the matter. [27729/05] Year Strength

Minister for Justice, Equality and Law Reform 1997 423 (Mr. McDowell): It is not the practice to com- 1998 427 ment in detail on individual asylum applications. 1999 430 As the Deputy will be aware, applications for 2000 435 refugee status in the State are determined by an 2001 461 independent process comprising the Office of the Refugee Applications Commissioner and the 2002 460 refugee appeals tribunal, which make recom- 2003 472 mendations to the Minister for Justice, Equality 2004 482 and Law Reform as to whether such status should 6/10/2005 481 be granted. A final decision on this application will be made upon receipt of the decision of the refugee Asylum Applications. appeals tribunal. The reference number allocated to this appli- 361. Ms F. O’Malley asked the Minister for cant is slightly different from the number quoted Justice, Equality and Law Reform the number of by the Deputy in his question. unaccompanied minors who sought asylum on an annual basis during the period 2000 to 2005; and if he will make a statement on the matter. Garda Strength. [27731/05] 360. Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of Minister for Justice, Equality and Law Reform gardaı´ serving in the Limerick division for each (Mr. McDowell): The number of unaccompanied year since 1997 and to date in 2005; and if he will minors who sought asylum on an annual basis make a statement on the matter. [27730/05] during the period 2000 to 2005 is as follows.

Office of the Refugee Applications Commissioner

Year 2000 2001 2002 2003 2004 2005 (30/09)

No. of applications 302 600 288 271 127 96

Probation and Welfare Service. Ballymun youth action project since 1989. Cur- rent funding of \66,700 was advanced to the pro- 362. Mr. Carey asked the Minister for Justice, ject in 2004, and a similar grant has been paid in Equality and Law Reform if he will establish the the current year. reason a commitment made by the probation and welfare section of his Department that it would As part of the regeneration of Ballymun, the provide financial assistance in the sum of tower block which housed the project was demol- \150,000 to the YAP-Horizons project in Bally- ished. The future plan for the project is that it mun has not been fulfilled; if he will ensure that will occupy a unit in a new multi-purpose, multi- this support is forthcoming, as in its absence, the agency community support centre in Ballymun. project will have a serious funding shortfall, An application from the project, in December \ which will have an impact on the ability of the 2004, for a capital grant of 150,000 was submit- project to respond to the need of a vulnerable ted to my Department through the Probation and cohort of young persons; and if he will make a Welfare Service. As it is not the norm in my statement on the matter. [27778/05] Department to provide capital grants for the pur- chase or development of premises which I, as Minister for Justice, Equality and Law Reform Minister, do not own or lease, capital funding was (Mr. McDowell): I can inform the Deputy that not sanctioned. my Department, through the Probation and Wel- It is, however, my intention to provide current fare Service, has provided current funding to the funding to the project to continue its valuable 671 Questions— 11 October 2005. Written Answers 672

[Mr. McDowell.] serving in each of the Garda stations in the work with drug-abusing offenders in the Bally- Waterford constituency for each year since 1997 mun area. to date in 2005; the population served by each Garda station in 1997 and 2005; and if he will Registration of Title. make a statement on the matter. [27780/05] 363. Mr. Aylward asked the Minister for Minister for Justice, Equality and Law Reform Justice, Equality and Law Reform when a dealing (Mr. McDowell): I have been informed by the with the Land Registry since 2002 will be com- Garda authorities, who are responsible for the pleted for a person (details supplied); and if he detailed allocation of resources, including person- will make a statement on the matter. [27779/05] nel, that the personnel strength of each Garda station in the Waterford-Kilkenny division — Minister for Justice, Equality and Law Reform since constituency boundaries do not correlate (Mr. McDowell): I wish to inform the Deputy with Garda divisional boundaries — at the end of that I have requested the Land Registry to con- each year from 1997 to 2004, inclusive, and as at tact him directly concerning the current position 8 October 2005, is as set out in the table beneath. of the application in question. Corresponding figures sourced from the CSO 2002 census of population are also included. It should be noted that the allocation of Garda Garda Deployment. personnel is determined by several factors, 364. Mr. O’Shea asked the Minister for Justice, including population, crime trends and other Equality and Law Reform the number of gardaı´ operational policing needs of the area.

Pop. Station ’97 ’98 ’99 ’00 ’01 ’02 ’03 ’04 8/10/05

1,452 Aglish 11110111 1 1,618 Ballyahale 11111111 1 2,075 Ballymacarberry 32222222 2 2,153 Ballyragget 11111111 1 2,864 Bennetsbridge 12222211 1 2,973 Borris 22222222 2 4,263 Callan 44344444 4 2,242 Cappoquin 22122222 2 6,474 Castlecomer 77777777 6 12,110 Dungarvan 28 30 34 35 36 35 35 35 35 2,799 Dunmore East 24333333 3 4,520 Ferrybank 66666666 6 2,642 Freshford 11111111 1 1,894 Glenmore 11111111 1 3,220 Graiguenamanagh 66666656 7 1,369 Inistioge 11111111 1 27,013 Kilkenny 53 56 56 62 66 64 66 65 62 1,940 Kill 11111111 1 2,751 Kilmacow 11011111 1 2,239 Kilmacthomas 33333444 4 2,563 Kilmeaden 22222222 2 1,318 Kilmoganny 11111111 1 1,226 Leamybrien 11111111 1 2,211 Lismore 43444434 4 2,302 Mooncoin 22222222 2 2,036 Mullinavat 11111111 1 2,547 Passage East 11111111 1 2,125 Portlaw 23323222 2 1,506 Rathgormack 21111101 1 1,607 Ring 22222222 2 1,581 Stonyford 11111111 1 1,978 Tallow 33323322 3 3,035 Thomastown 19 19 19 19 20 19 20 20 20 10,266 Tramore 23 23 25 27 28 27 27 30 31 43,623 Waterford 117 127 129 124 130 131 136 135 135 673 Questions— 11 October 2005. Written Answers 674

Residency Permits. There is no record of any appeal having been received in these cases. In the event that an 365. Mr. Ring asked the Minister for Justice, appeal is lodged, the applications shall be fully Equality and Law Reform when the original reconsidered, taking into account any additional documents will be returned to a person (details information and documentation received. supplied) in County Mayo. [27781/05]

Minister for Justice, Equality and Law Reform Citizenship Applications. (Mr. McDowell): Applications from the couple 367. Mr. G. Mitchell asked the Minister for concerned for leave to remain in Ireland under Justice, Equality and Law Reform when an appli- the revised scheme announced by me on 15 cation for citizenship for a person (details January 2005 for the non-national parents of supplied) in Dublin 12 will be processed in view Irish-born children born before 1 January 2005 of the circumstances; and if he will make a state- were approved on 23 June 2005. ment on the matter. [27794/05] As the Deputy may be aware, all applicants are obliged to submit several identity documents, Minister for Justice, Equality and Law Reform including the birth certificate of the Irish-born (Mr. McDowell): The person concerned lodged a child, to provide a complete application. In each declaration of accepting Irish citizenship as post- case, the Department retains on file the birth cer- nuptial citizenship with my Department on 5 tificate of the Irish-born child. Other documents May 2005. are usually returned to the applicants. The spec- The average time for the finalisation of the ific documents requested were returned to the examination of such declarations is between ten applicants earlier this month. and 12 months at present. Consequently, it is likely that the declaration of the person con- Visa Applications. cerned with be finalised in or around May 2006. If the person concerned, who is a British citi- 366. Mr. Timmins asked the Minister for zen, wishes to travel outside the State prior to Justice, Equality and Law Reform the position consideration of his declaration being completed, regarding visa applications for persons (details he may consider obtaining a British passport, if supplied); the reason they were refused visas; and he does not already have one. if he will make a statement on the matter. I will advise both the Deputy and the declarant [27793/05] as soon as the examination of the declaration has been finalised. Minister for Justice, Equality and Law Reform (Mr. McDowell): The visa applications in ques- tion were received in my Department on 15 Garda Strength. August 2005. 368. Mr. Perry asked the Minister for Justice, An extensive set of criteria is applied when Equality and Law Reform if there are plans to assessing any visa application. Those criteria, to a increase the retirement age for members of the large extent, depend on the context in which the Garda Sı´ocha´na from 57 to 60 years in view of application is made, the personal circumstances the current shortage of gardaı´; and if he will make of the applicant, and the nature and purpose of a statement on the matter. [27812/05] the application itself. Government policy of the day will also have an influence on the assessment Minister for Justice, Equality and Law Reform of applications falling into specific categories. (Mr. McDowell): I currently have no plans to The onus rests on the applicant to provide evi- increase the retirement age for members of the dence of actual ties with his or her country of Garda Sı´ocha´na who were recruited to the force origin, which may be ties of an economic, social, prior to 1 April 2004. personal or professional nature. Such ties, or the The changes in the retirement age for members apparent lack thereof, are factors which may be of the Garda Sı´ocha´na outlined in the Public taken into consideration when examining an Service Superannuation (Miscellaneous application for a visa. An applicant for a visit visa Provisions) Act 2004 will apply only to new seeks to enter the state for a short period only entrants recruited to the Garda Sı´ocha´na after 1 and must clearly demonstrate that he or she will April 2004. adhere to the conditions of the visa applied for. In Regarding Garda resources generally, the this, case, the visa officer was unable to conclude, strength of the Garda Sı´ocha´na is being increased based on the information supplied, that the appli- to 14,000 members on a phased basis, in line with cants would necessarily observe the conditions of the agreed programme for Government commit- the visa, were it to be issued. The applications ment in that regard. This is a key commitment in were therefore refused on 26 September 2005. the programme for Government, and its imple- 675 Questions— 11 October 2005. Written Answers 676

[Mr. McDowell.] Legal Aid Board. mentation will significantly strengthen the oper- 371. Mr. J. O’Keeffe asked the Minister for ational capacity of the force. Justice, Equality and Law Reform the staffing To reach this record force strength a campaign and administration costs of the head office of the was launched in November last year to recruit Legal Aid Board in Caherciveen, County Kerry; 1,100 Garda recruits each year from 2005 to 2007, and the number of staff and the grades inclusive. I might add that this accelerated involved. [27913/05] recruitment campaign is fully on target and will lead to a combined strength, of both attested 373. Mr. J. O’Keeffe asked the Minister for gardaı´ and recruits in training, of 14,000 by the Justice, Equality and Law Reform the additional end of 2006. costs related to having the headquarters of the Legal Aid Board based in Caherciveen, County 369. Mr. J. O’Keeffe asked the Minister for Kerry regarding the Legal Aid Board; and the Justice, Equality and Law Reform if his attention additional travel and related costs arising there- has been drawn to a proposed research project from. [27915/05] into the causes of death among the Garda Sı´och- a´na; if funding will be provided for the amount Minister for Justice, Equality and Law Reform of \25,000 requested on the basis that a similar (Mr. McDowell): I propose to take questions Nos. research project regarding members of the 371 and 373 together. Defence Forces was fully funded by the Depart- The number of staff posts at the offices of the ment of Defence. [27857/05] Legal Aid Board in Caherciveen is 44, including three dual location posts. The breakdown of the Minister for Justice, Equality and Law Reform grades involved is as follows: (Mr. McDowell): I am aware of a research project proposal of the type described by the Deputy. I Grades understand that the proposers of the project have been in consultation with Garda management on Chief Executive Officer 1 (dual location post) the matter. I have asked the Garda Commissioner Principal Officer 2 (one dual location post) for details of the outcome of his considerations. I Assistant Principal Officer 3 (one dual location will communicate further with the Deputy in post) due course. Financial Controller 1 Librarian 1 Garda Investigations. Higher Executive Officer 7 370. Mr. J. O’Keeffe asked the Minister for Executive Officer 11 Justice, Equality and Law Reform the position Clerical Officer 16 regarding the establishment of a DNA databank Service Officers 2 regarding the investigation and detection of serious crime; when the final report of the Law \ Reform Commission will be available; and when The associated salary cost for 2004 is 1.681 million. the appropriate legislation will be circulated. While the separate administrative costs of the [27912/05] board’s office in Caherciveen are not readily available, I am satisfied that the costs of the oper- Minister for Justice, Equality and Law Reform ation are broadly in line with those which pertain (Mr. McDowell): It is my intention to draw up generally in the public service. Since the board’s proposals for the establishment of a DNA datab- law centres are located throughout the country in ank which would, having regard to constitutional any event, it is not possible to isolate any requirements and the requirements of the Euro- additional travel and related costs which might pean Convention on Human Rights, permit as have arisen as a consequence of basing the head extensive a databank as possible. As I have pre- office in Caherciveen. viously indicated to the House, the Law Reform The decentralisation of the board’s head office Commission is examining the issues surrounding has been a success, and I am pleased to say that the establishment of a DNA databank. The com- the board and its staff have made good progress in recent times in significantly improving waiting mission published a consultation paper on the times for its clients, thereby enhancing the service topic in September 2004, and I understand that provided to the public. its final report will be available later this year. I look forward to examining the report and bring- 372. Mr. J. O’Keeffe asked the Minister for ing forward my proposals on the matter as soon Justice, Equality and Law Reform when the 2004 as possible thereafter. annual report for the Legal Aid Board will be available; and his views on whether such reports 677 Questions— 11 October 2005. Written Answers 678 will be available within three months of the end- EU Directives. ing of the accounting year. [27914/05] 375. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the action he Minister for Justice, Equality and Law Reform proposes to taken in regard to an EU Com- (Mr. McDowell): Section 9(1) of the Civil Legal mission proposal for a directive on common stan- Aid Act 1995 provides that the Legal Aid Board dards and procedures in member states for shall make, not later than 30 September each returning illegally staying third country nationals; year, a report to the Minister of its activities dur- and if he will make a statement on the matter. ing the preceding year. The Deputy should also [27917/05] note that the Civil Legal Aid Act requires that the board’s accounts be submitted for audit to the Comptroller and Auditor General and that the Minister for Justice, Equality and Law Reform report of that audit be laid before the Oireachtas. (Mr. McDowell): I presume the Deputy refers to As the report and the associated financial state- the recent proposal from the European Com- ments of the board form an integral part of the mission for a directive on common standards and annual report, finalisation of the document in any procedures in member states for returning third given year is dependent on the receipt of the country nationals staying illegally on their terri- audit report. tories. The objective of the proposal is to provide I can inform the Deputy that, as far as the 2004 for clear, transparent and fair common rules con- annual report is concerned, following receipt of cerning return, removal, use of coercive the Comptroller and Auditor General’s report on measures, temporary custody and re-entry of 30 June, the board submitted its report to me on third country nationals which fully take into 5 July, and its contents were noted by the account the human rights and fundamental free- Government on 25 July. doms of the persons concerned. I understand that the report was subsequently This proposal falls within title IV of the TUE translated into Irish, as required under the treaty and therefore does not automatically apply Official Languages Act, and that printing and to Ireland or the United Kingdom. The proposal delivery is expected to be completed within the constitutes a development of the Schengen acquis next week. The report will be laid before the and, as a result, Iceland, Norway and Switzerland Houses of the Oireachtas very shortly thereafter. will also participate. The specific approval of both Houses of the Oireachtas is required before Question No. 373 answered with Question Ireland can participate in the measure and a No. 371. decision on the matter will be made in due course. Garda Operations. Victims Commission. 374. Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform further to 376. Mr. Gregory asked the Minister for Parliamentary Question No. 460 of 4 October Justice, Equality and Law Reform when he will 2005 in regard to illegal fireworks, his views on respond to the request from the current officer the number of members of the force which will board of Victim Support for grant assistance; and be involved in Operation Tombola; and the if he will make a statement on the matter. additional resources which will be provided in [27919/05] ensuring there is adherence to fireworks legis- lation. [27916/05] Minister for Justice, Equality and Law Reform (Mr. McDowell): The disbursement of funding to Minister for Justice, Equality and Law Reform victims of crime is now a matter for the com- (Mr. McDowell): Each year leading up to mission for the support of victims of crime. The Hallowe’en, special efforts are made to combat commission is an independent body established in the illegal importation of fireworks. This year an March 2005 with a remit to devise an appropriate intelligence-led operation called Operation Tom- support framework for victims of crime into the bola, which aims to prevent and detect the organ- future and disburse funding for victim support ised importation for sale of fireworks, has been measures. put in place by the Garda Commissioner. In this I decided to terminate funding for the Victim context, chief superintendents throughout the Support organisation with effect from 31 March country have been instructed to introduce 2005 because of reductions in service levels and measures appropriate to their respective areas of concerns in regard to governance, accountability responsibility, with particular emphasis on Garda and value for money arising from ongoing divisions in the Dublin metropolitan region and internal difficulties in that organisation. An inde- in Border regions. The operation, while being pendent review carried out early in 2005 con- intelligence driven, will be coupled with sporadic cluded that the organisation was terminally high-visibility policing activities. All operational damaged. gardaı´ are involved in this initiative, with dedi- I am advised that the commission has received cated resources deployed in specific intelligence- more than 60 applications for funding for led operations, as the need arises. measures to support victims of crime in response 679 Questions— 11 October 2005. Written Answers 680

[Mr. McDowell.] Minister for Justice, Equality and Law Reform to a public advertisement earlier this year. I (Mr. McDowell): The Explosives Act 1875 pro- understand these included independent appli- vides for the control of the importation, manufac- cations from a number of former elements of the ture, storage and sale of fireworks. Last February, Victim Support organisation as well as the I published a document on fireworks policy and interim board of Victim Support. The commission initiated a process of consultation with a view to examines each application on its merits and bringing forward proposals for amending and makes an independent decision in regard to eligi- strengthening the provisions in the 1875 Act. My bility for funding. I understand the commission Department has received a wide range of sub- has arranged to meet with the chairman of the missions in response to the consultation docu- interim board of Victim Support later this month ment and these are being examined. in order to discuss its application for funding. It is already clear from the submissions received that, among the options for change out- lined in the consultation document, there is a Child Care Services. general acknowledgement of the need to 377. Mr. O’Shea asked the Minister for Justice, strengthen the enforcement provisions in the Equality and Law Reform the capital funding he 1875 Act. Accordingly, I propose to take the proposes for County Waterford in 2005; and if he opportunity presented by the Criminal Justice will make a statement on the matter. [27925/05] Bill 2004, which is before the House, to bring for- ward, on Committee Stage, amendments to Minister for Justice, Equality and Law Reform provide for new offences governing the misuse of (Mr. McDowell): As the Deputy is aware, the fireworks in public places and an offence of pos- equal opportunities child care programme pro- session of illegally imported fireworks with intent vides capital and current funding to child care to supply. I also propose to significantly increase providers to develop services which support penalties governing the illegal importation, sale parents in employment, education or training. and use of fireworks. Since the programme began, I have approved In so far as the seizure of fireworks is con- more than \16.3 million, of which \12 million cerned, the Garda authorities make every effort relates to capital projects, in grants to services to identify persons involved in the illegal import- located in County Waterford. This funding, when ation and sale of all types of fireworks. Where fully expended, is expected to lead to the creation necessary, specific policing plans are put in place of more than 1,300 new child care places and sup- in areas where particular problems arise. These port a further 950 existing child care places in the plans include intelligence gathering on known county. At the end of June 2005, more than 560 dealers and suppliers and, once identified, putting of these new places had already been delivered in plans in place to arrest them and seize their a mix of new and upgraded facilities. In 2005 stocks of illegal fireworks. Each year leading up alone, I have approved 20 individual grants in the to Hallowe’en, special efforts are made to combat county, totalling almost \8 million, of which \7.04 the illegal importation of fireworks. This year an million relates to capital funding. intelligence-led operation called Operation Tom- bola, which aims to prevent and detect the organ- It may also interest the Deputy to note that the ised importation for sale of fireworks in the lead programme provides funding to the Waterford up to Hallowe’en, has been put in place by the city and county child care committees. These Garda Commissioner. committees have been allocated \371,000 to Over the last five years such operations have deliver their 2005 annual action plans and provide resulted in the following seizures: valuable supports to local child care providers. The type of work undertaken by city and county Individual items Value of seizures committees includes disseminating information, seized child care training, supporting groups in applying for funding under the programme, establishing \ and operating networks of providers and parents, 2000 5,759 1,294,575 administering a small grant programme for child- minders, assisting in the development of school 2001 15,007 105,304 age child care in their county and promoting qual- 2002 16,690 67,375 ity service provision. 2003 25,771 57,430 2004 36,223 408,890 Garda Operations. All fireworks seized are forfeited by the person 378. Mr. Curran asked the Minister for Justice, Equality and Law Reform the way in which he importing them and destroyed in accordance with proposes to tackle the importation and sale of the provisions of the Explosives Act 1875. illegal fireworks; if there is a public record of illegal fireworks seizures by the Garda and sub- Crime Levels. sequent arrests; and if he will make a statement 379. Mr. Curran asked the Minister for Justice, on the matter. [27990/05] Equality and Law Reform the number of cases of 681 Questions— 11 October 2005. Written Answers 682 violence against women reported in Clondalkin 385. Mr. Curran asked the Minister for Justice, and Lucan Garda stations for the period 2002, Equality and Law Reform the amount of funding 2003, 2004 and 2005; and if he will make a state- allocated to child care facilities in Rathcoole for ment on the matter. [27991/05] the period 2000, 2001, 2002, 2003, 2004 and 2005 under the equal opportunities child care prog- Minister for Justice, Equality and Law Reform ramme. [27997/05] (Mr. McDowell): I regret that it has not been pos- sible in the time available to obtain the infor- 386. Mr. Curran asked the Minister for Justice, mation requested by the Deputy. I will be in con- Equality and Law Reform the amount of funding tact with him when it becomes available. allocated to child care facilities in Palmerstown for the period 2000, 2001, 2002, 2003, 2004 and 2005 under the equal opportunities child care Residency Permits. programme. [27998/05] 380. Mr. Curran asked the Minister for Justice, Equality and Law Reform when a decision will 387. Mr. Curran asked the Minister for Justice, be made regarding an application for persons Equality and Law Reform the amount of funding (details supplied) in County Dublin to remain. allocated to child care facilities in Lucan for the [27992/05] period 2000, 2001, 2002, 2003, 2004 and 2005 under the equal opportunities child care prog- ramme. [27999/05] Minister for Justice, Equality and Law Reform (Mr. McDowell): Applications from the couple Minister for Justice, Equality and Law Reform concerned for leave to remain, under the revised (Mr. McDowell): I propose to take Questions scheme announced by me on 15 January 2005 for Nos. 381 to 387, inclusive, together. the non-national parents of Irish born children In 2004, my Department published a compre- born before 1 January 2005, are being processed hensive review of progress under the Equal and a decision on their applications will be Opportunities Child Care Programme 2000 — made shortly. 2006, EOCP, entitled “Developing Child care In Ireland” which was circulated to all Members of Child Care Services. the Oireachtas. It was also posted on the Depart- ment’s website at www.justice.ie and much of the 381. Mr. Curran asked the Minister for Justice, detailed information sought by the Deputy, to the Equality and Law Reform the amount of funding end of 2003, is included in this report. I have allocated to child care facilities in Clondalkin for arranged for another copy to be sent to him. the period 2000, 2001, 2002, 2003, 2004 and 2005 It is intended to update these statistics regu- under the equal opportunities child care prog- larly. The first such update, which will cover the ramme. [27993/05] period up to the end of 2004, will shortly be avail- able. It will be posted on the Department’s web- 382. Mr. Curran asked the Minister for Justice, site and circulated to interested parties, including Equality and Law Reform the number of child Oireachtas Members. care places made available on account of funding from his Department for child care facilities dur- Crime Levels. ing the period 2000, 2001, 2002, 2003, 2004 and 2005 in Palmerstown under the equal oppor- 388. Mr. Timmins asked the Minister for tunities child care programme. [27994/05] Justice, Equality and Law Reform the crime statistics across all headings for the years 1997 to 2004 for Bray, Greystones, Wicklow, Arklow and 383. Mr. Curran asked the Minister for Justice, Blessington as this information was not supplied Equality and Law Reform the number of child in the reply to Parliamentary Question No. 366 of care places made available on account of funding 29 June 2005. [28040/05] from his Department for child care facilities dur- ing the period 2000, 2001, 2002, 2003, 2004 and Minister for Justice, Equality and Law Reform 2005 in Lucan under the equal opportunities child (Mr. McDowell): The information requested was care programme. [27995/05] supplied in response to Question No. 366 of 29 June 2005. 384. Mr. Curran asked the Minister for Justice, In regard to crime figures, the Deputy is aware Equality and Law Reform the number of child that on becoming Minister for Justice, Equality care places made available on account of funding and Law Reform, I arranged for the publication from his Department for child care facilities dur- of headline crime statistics on a quarterly basis in ing the period 2000, 2001, 2002, 2003, 2004 and order to improve the quality of information avail- 2005 in Clondalkin under the equal opportunities able to the public. While caution should be exer- child care programme. [27996/05] cised in interpreting levels of crime between 683 Questions— 11 October 2005. Written Answers 684

[Mr. McDowell.] includes the Greystones area; Gorey, which quarters, I am pleased to note that during my includes the Arklow area; Wicklow; and Balting- term of office as Minister, the quarterly crime lass, which includes the Blessington area. In inter- rate has decreased from 6.7 per 1,000 population preting these figures, account must be taken of to 6 per 1,000 over the longer period of 11 quar- the introduction of the new PULSE computer ters for which figures are available. This trend is system by the Garda Sı´ocha´na in 1999, which led reflected throughout most Garda districts in the to more complete and comprehensive recording country. Taking into account the significant of crimes reported than was previously the case. increase in our population since 1995, the head- These new groups are more comprehensive and line crime rate has fallen from 29 per 1,000 popu- not comparable to the four crime groups pre- lation in 1995 to 25 per 1,000 population in 2004. viously used. For this reason, the figures for 1997 are not comparable to statistics provided for the I am informed by the Garda authorities that years 2000 onwards. For the purposes of clarity I the tables below show the headline offences, by have supplied the details requested by the group, for the Garda districts of Bray, which Deputy only from 2000.

Headline offences recorded and detected for Bray Garda district from 2000 to 2004

Year 2000 2001 2002 2003 2004*

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0 0 1 1 0 0 1 1 2 1 Assault 15 10 54 37 92 71 66 48 72 30 Sexual offences 14 11 17 10 32 22 31 20 34 13 Arson 23 14 49 10 23 4 35 4 25 1 Drugs 21 21 45 45 55 55 41 41 26 26 Thefts 727 158 751 168 858 181 892 192 952 185 Burglary 625 167 612 122 644 81 879 95 690 69 Robbery 46 17 47 19 54 20 59 18 50 13 Fraud 36 34 32 26 90 76 39 29 35 16 Other 0 0 17 13 30 21 11 7 15 5

Total 1,507 432 1,625 451 1,878 531 2,054 455 1,901 360

*Statistics for 2004 are provisional or operational and liable to change.

Headline offences recorded and detected for Wicklow Garda district from 2000 to 2004

Year 2000 2001 2002 2003 2004*

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 2 2 0 0 0 0 0 0 1 1 Assault 24 24 24 24 45 37 32 29 36 29 Sexual offences 9 3 21 20 12 9 12 4 13 6 Arson 14 4 3 0 3 1 6 3 3 1 Drugs 13 13 6 6 2 2 15 15 10 10 Thefts 348 125 404 139 540 118 462 120 407 114 Burglary 240 67 233 56 295 48 264 34 288 48 Robbery 5 4 11 6 10 5 4 0 9 3 Fraud 42 41 32 27 29 22 29 10 16 10 Other 2 2 6 6 18 14 9 8 13 8

Total 699 285 740 284 954 256 833 223 796 230

*Statistics for 2004 are provisional or operational and liable to change. 685 Questions— 11 October 2005. Written Answers 686

Headline offences recorded and detected for Gorey Garda district from 2000 to 2004

Year 2000 2001 2002 2003 2004*

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0 0 0 0 0 0 0 0 0 0 Assault 8 8 18 16 41 38 37 26 36 26 Sexual offences 2 2 15 11 14 9 19 13 20 12 Arson 4 1 7 2 14 3 8 2 2 0 Drugs 25 25 22 22 25 25 19 19 23 23 Thefts 163 64 228 99 371 143 395 141 399 156 Burglary 238 90 232 91 248 41 292 46 299 45 Robbery 13 7 8 7 8 2 7 7 15 8 Fraud 27 26 24 23 14 10 22 11 23 20 Other 6 6 9 8 17 13 11 7 24 21

Total 486 229 563 279 752 284 810 272 841 311 *Statistics for 2004 are provisional or operational and liable to change.

Headline offences recorded and detected for Baltinglass Garda district from 2000 to 2004*

Year 2000 2001 2002 2003 2004*

Rec Dec Rec Dec Rec Dec Rec Dec Rec Dec

Homicide 0 0 0 0 0 0 0 0 0 0 Assault 15 10 29 16 28 21 3 3 3 3 Sexual offences 16 9 11 2 24 14 18 17 6 6 Arson 11 1 3 0 5 1 7 6 9 2 Drugs 2 2 6 6 1 1 5 5 1 1 Thefts 343 60 315 51 226 21 142 57 184 70 Burglary 332 33 256 14 275 30 207 24 182 28 Robbery 9 2 2 0 6 3 5 3 2 0 Fraud 26 20 11 10 15 4 27 24 38 34 Other 9 7 7 5 8 7 6 5 3 3 Total 763 144 640 104 588 102 420 144 428 147 *Statistics for 2004 are provisional/operational and liable to change.

Road Safety. Department and the Department of Transport are assisting the process. 389. Ms O. Mitchell asked the Minister for The purpose of this initiative is to enhance Justice, Equality and Law Reform the progress overall road safety and help reduce the numbers that has been made regarding the introduction of of deaths and serious injuries on our roads. The a nationwide network of private speed cameras performance criteria to be applied will be deter- following the Cabinet’s approval of the scheme mined by the Garda Sı´ocha´na, and the deploy- over the summer; and if he will make a statement ment of cameras will be focused on locations on the matter. [28042/05] where there is an established or prospective risk of collisions. As well as making a significant con- Minister for Justice, Equality and Law Reform tribution to road safety, this initiative will release (Mr. McDowell): Legislation is being drafted by Garda resources so that their enforcement efforts my colleague, the Minister for Transport, which can be concentrated on other motoring offences will enable the engagement of the private sector which cause death and serious injury such as in the provision and operation of speed cameras. drink driving, dangerous driving and careless The Garda Sı´ocha´na, as the traffic law enforce- driving. ment agency in the State, will be responsible for Selection of a provider will be made by way of the outsourcing project. The Garda authorities an open and competitive tendering process, and inform me they have commenced preparatory a request for tender, RFT, document will issue work with regard to the tendering process. My following enactment of the necessary legislation. In accordance with EU and national procurement 687 Questions— 11 October 2005. Written Answers 688

[Mr. McDowell.] ment, who will subsequently attend these primary guidelines, this RFT will be published in the EU schools. The action plan will be implemented on Journal and on the Government’s procurement a phased basis over the next five years and will website. All tender proposals received will be involve the creation of some 300 additional posts evaluated on an individual basis in accordance across the education system. with the criteria set down in the RFT. My Department’s approach will be to work in partnership with other Departments and agencies Early Childhood Education. to complement and add value to existing child care programmes in disadvantaged communities, 390. Mr. F. McGrath asked the Minister for with a view to ensuring the overall care and edu- Education and Science if she will support all cation needs of the children concerned are met measures dealing with quality pre-school projects in an integrated manner. The bulk of pre-school for children up to four years of age; and if she places are financed by the Department of Justice, will report on existing efforts on the northside of Equality and Law Reform, which has provided Dublin. [27849/05] unprecedented levels of funding for child care in recent years. The Department of Health and Minister for Education and Science (Ms Children also provides grants to child care Hanafin): Early education covers the period groups, including to community groups in areas from birth to six years. At present, almost all five of social and economic disadvantage. year olds and half of four year olds attend junior Pre-school education in Dublin includes 12 infant and senior infant classes in primary Early Start projects in the north Dublin area. In schools. Outside of junior classes in primary addition, the Rutland Street project in Sea´n schools, my Department’s main role in the area of McDermott Street has been operational since early childhood education focuses on pre-school 1969. It caters for approximately 95 pupils aged provision for children from disadvantaged areas, three to five years and includes a pre-school Traveller children and those with special needs. centre, a special staff teaching allocation, class- The Early Start programme is a pre-school room assistants, secretarial services and cooks, intervention programme targeted at three to four together with the provision of school meals. year old children in areas of social disadvantage. There are also seven pre-schools for Travellers With this programme, young children can experi- and three pre-schools for autistic children in ence an educational programme to enhance their north Dublin. overall development, help prevent school failure The Northside Partnership is developing an and help offset the effects of social disadvantage. integrated plan entitled “Preparing for Life” The Early Start pre-school project was estab- which is intended to address the needs of children lished in 40 primary schools in designated areas at each stage of their development in order to of urban disadvantage in Dublin, Cork, Limerick, better prepare them for school. The plan involves Waterford, Galway, Drogheda and Dundalk. mentoring and group training for parents to My Department funds 46 pre-school classes for improve their skills, esteem and aspirations for Traveller children. In the special needs sector their children. It is intended that the project will there are 14 pre-school classes for children with result in improved physical and psychological autism located throughout the country. In health and better educational outcomes for chil- addition to this, ten stand-alone autism facilities dren at key stages in their development to the that provide an applied behavioural analysis, point of reception in school. ABA, model of response to children with autism cater for a number of children of pre-school age. Pupil-Teacher Ratio. My Department has also sanctioned the establish- ment of a pre-school for six children with hearing 391. Ms Enright asked the Minister for Edu- impairment on a pilot basis. cation and Science the steps she will take to Targeted early childhood education provision ensure the programme for Government commit- will be a key element of the new action plan for ment to reduce class sizes will be met by 2007; educational inclusion, delivering equality of and if she will make a statement on the opportunity in schools, DEIS, which I launched matter. [27798/05] in May of this year. The plan’s objective is to con- centrate early education actions on those children Minister for Education and Science (Ms aged from three up to school enrolment, who will Hanafin): Significant improvements have been subsequently attend urban or town primary made in the pupil-teacher ratio and in average schools serving the most disadvantaged communi- class size in recent years at primary level. The ties. On a phased basis, the 150 urban or town most recent figure available for average class size primary school communities serving communities at primary level refers to the 2003-04 school year, with the highest concentrations of disadvantage when the average class size was 23.9, down from will be provided with access to early education 26.6 in 1996-97. The pupil-teacher ratio at for children aged from three up to school enrol- primary level, which includes resource teachers, 689 Questions— 11 October 2005. Written Answers 690 has fallen from 22.2:1 in the 1996-97 school year be included in the SSP. The new action plan will to a projected 17.1:1 in 2004-05. At post-primary be introduced on a phased basis — starting during level the pupil teacher ratio has fallen from 16:1 the current school year — and will involve an in the 1996-97 school year to 13.6:1 in the 2003- additional annual investment of \40m on full 04 school year. implementation. It will also involve the provision More than 4,500 additional teachers have been of some 300 additional posts across the edu- employed in our primary schools since 1997. In cation system. allocating teaching posts regard has been had to The key principle of early intervention under- the commitments of the Government to reduce pins both the early childhood education measure class size, tackle educational disadvantage and and many of the literacy and numeracy measures provide additional resources for pupils with under the new action plan. Key measures to be special educational needs. The additional teach- implemented on a phased basis over the next five ing posts created since 1997 have been deployed years include: improving identification of disad- to address all these priorities. vantage in respect of which a standardised In regard to providing for children with special approach will allow my Department to target educational needs, there are now more than 5,000 resources more effectively; increasing early child- teachers in our primary schools working directly hood education provision in the most with children with special needs, including those disadvantaged communities; improving supports requiring learning support. This compares to less for pupils with low attainment levels in literacy than 1,500 in 1998. Now, one out of every five and numeracy; enhancing procedures for measur- primary school teachers works specifically with ing the outcomes achieved from educational children with special needs. inclusion measures; enhancing integration and The Deputy will be aware of the new action partnership working, both within the education plan for educational inclusion, delivering equality sector itself and cross-sectorally; enhancing pro- of opportunity in schools, DEIS, which I fessional development supports for principals and launched recently. This action plan will result in school staff; and enhancing research and the reduction in class sizes of 24:1 at senior level evaluation. and 20:1 at junior level in 150 primary schools Also central to the success of the action plan serving communities with the highest concen- will be an increased emphasis on planning at trations of disadvantage. In line with the commit- school and school cluster level, target-setting and ment in the programme for Government, class measurement of progress and outcomes to ensure sizes will be reduced still further. The deployment the increased investment is matched by an of additional posts will be decided within the con- improvement in educational outcomes for the text of the overall policy that priority will be children and young people concerned. given to pupils with special needs, those from The action plan aims to concentrate early child- disadvantaged areas and junior classes. hood education actions on those children, aged from three up to school enrolment, who will sub- sequently attend the 150 urban or town primary Educational Disadvantage. schools, participating in the new school support 392. Ms O’Sullivan asked the Minister for Edu- programme, and identified as serving the most cation and Science when proposals to address disadvantaged communities. The early childhood educational disadvantage will be announced; if actions under the new plan will be well targeted these proposals will include more provision for and my Department will work in partnership with early childhood education in areas where disad- other departments and agencies with a view to vantage is prevalent; and if she will make a state- meeting the overall care and education needs of ment on the matter. [28017/05] the children involved in an integrated way. A strong emphasis will be placed on adding value to Minister for Education and Science (Ms the work of other providers by embedding quality Hanafin): Delivering equality of opportunity in early learning within child care provision. schools, DEIS, the new action plan for edu- cational inclusion, which I launched last May, 393. Mr. Crowe asked the Minister for Edu- aims to ensure the educational needs of children cation and Science the action she will take in and young people from disadvantaged communi- response to the disparity in third level pro- ties are prioritised and effectively addressed. The gression highlighted by the recent City of Dublin plan provides for a standardised system for iden- Vocational Educational Committee report which, tifying levels of disadvantage and a new inte- among other, gave a 60% rate of third level pro- grated school support programme, SSP, which gression for Rathmines as against a 7.8% rate for will bring together and build upon a number of Finglas. [28019/05] existing interventions for schools with a concen- trated level of disadvantage. Approximately 600 Minister for Education and Science (Ms primary schools, comprising 300 urban or town Hanafin): Comprehensive surveys of partici- and 300 rural and 150 second-level schools, will pation in third level education, based on CAO 691 Questions— 11 October 2005. Written Answers 692

[Ms Hanafin.] are linked to the access programmes and routes data, have been conducted since the 1980s by the of entry of at least one higher education insti- Higher Education Authority. The most recent tution in their region. The national office is in the sample survey, for 2005, shows there has been a process of developing this framework, a key significant improvement in the progression rate element of which will be advocating and support- of young people in the Finglas-Ballymun, Dublin ing continued and closer collaboration between a 11, area to third level education which has risen wide range of stakeholders nationally, including from 14% in 1998 to 27% of the school-leaving the higher education and community sectors. age group in 2003. This compares to an average participation rate for the whole of Dublin of 45% Schools Building Projects. and with the exceptionally high participation rate of areas such as Rathmines in Dublin 6 at 71%. 394. Mr. Kehoe asked the Minister for Edu- However, it is clear that while there is welcome cation and Science the position regarding the improvement, some counties and districts have school building programme in the primary sector admission rates below the national average and it in New Ross; and if she will make a statement on is here that we need to continue to focus our the matter. [27333/05] efforts. A full study of access in 2004, being car- ried out on behalf of the HEA and scheduled for 395. Mr. Kehoe asked the Minister for Edu- publication later this year, will give a more com- cation and Science the action that is being taken prehensive review of both the social background on the amalgamation of the primary schools in of new entrants and trends in admission by New Ross town; and if she will make a statement county or postal district of origin. The report to on the matter. [27334/05] which the Deputy refers has been brought to the attention of the national office for equity of Minister for Education and Science (Ms access. Hanafin): I propose to take Questions Nos. 394 Efforts continue to focus on raising partici- and 395 together. pation in Finglas and surrounding areas through The Deputy is aware that it is proposed to access initiatives such as the north Dublin access, rationalise the primary educational provision in NDA, programme and the Ballymun into third New Ross. There is general agreement locally to level education, BITE, initiative which have seen this development. more than a decade of collaboration between Architectural assessments have recently been Dublin City University and northside, carried out on all four primary schools to deter- Finglas/Cabra and Ballymun area partnerships. mine which, if any, would be suitable to act as This network has developed close links with hosts for the proposed rationalisation. These students in 26 primary and 16 secondary schools assessments will enable my Department to take a in the area. The range of activities and initiatives view on how infrastructure can be developed to include school and campus visits; including sum- facilitate its proposals. In addition, the local auth- mer camps, extra tuition; peer mentoring; and ority has agreed to provide my Department with additional third level places and a scholarship updated demographics on the area so that an programme, all of which support and encourage informed decision can be taken on school sizes. more young people to access and participate in When these matters have been resolved, my higher education. Department will move to address the issue of Students are also being encouraged and sup- enrolment polices for the proposed school re-con- ported in making the choice to participate in figuration. On finalisation of this issue, any higher education by improvements in the student required building works can be considered for maintenance grant schemes as well as the inclusion in a school building programme. Any additional funding allocated through the third such projects will attract a high priority band 1.4 level access fund, which in 2004 was \34 million. rating which applies to projects to facilitate amal- These measures include the awarding since 2000 gamations. of a higher or top-up level of grant to students from families on low incomes. There is also the Third Level Fees. student assistance fund, which is allocated to students in need through their higher education 396. Mr. O’Dowd asked the Minister for Edu- institution, and the millennium partnership fund, cation and Science if a person (details supplied) which supports the needs of students identified in County Louth will be entitled to financial through area partnership and community groups. assistance to study at The Sound Training A key area for progress identified in the action College, Temple Bar Music Centre, Temple Bar, plan, published last December by the HEA and Dublin. [27335/05] the national office for equity of access to higher education, is the development of a framework of Minister for Education and Science (Ms access policies and initiatives ensuring all Hanafin): My Department funds four mainten- disadvantaged schools, areas and communities ance grant schemes for third level and further 693 Questions— 11 October 2005. Written Answers 694 education students. These are the higher edu- Schools Building Projects. cation grants scheme, the vocational education 399. Mr. Wall asked the Minister for Education committees’ scholarships scheme, the third level and Science the position regarding a new school maintenance grants scheme for trainees and the building for a college (details supplied) in County maintenance grants scheme for students Kildare; and if she will make a statement on the attending post leaving certificate courses. matter. [27356/05] The higher education grants scheme is adminis- tered by the local authorities under the aegis of 400. Mr. Wall asked the Minister for Education my Department. The other three schemes are and Science the figures she based the temporary administered by the vocational education com- cancellation of a school (details supplied) in mittees. The Temple Bar music centre is a private County Kildare on the grounds of a viability college and, as such is not an approved institution study; and if she will make a statement on the for the purposes of the student support schemes. matter. [27357/05] There are no plans to extend the scope of the student support schemes to private colleges. Any 401. Mr. Wall asked the Minister for Education extension to the scope of the maintenance grants and Science the grounds on which a new school scheme, to include students attending private (details supplied) in County Kildare was put on college such as the sound training college, can be hold; and if she will make a statement on the considered only in the light of available resources matter. [27358/05] and in the context of competing demands within the education sector. 402. Mr. Wall asked the Minister for Education and Science if a viability study has commenced Schools Building Projects. on a school (details supplied) in County Kildare; if not, when it is due to commence; the expected 397. Mr. Penrose asked the Minister for Edu- length of time the study will take; and if she will cation and Science if she has received an appli- make a statement on the matter. [27359/05] cation for funding to provide a car park at a school (details supplied) in County Westmeath; if Minister for Education and Science (Ms same will be provided in the context of safety for Hanafin): I propose to take Questions Nos. 399 everyone concerned at this location; and if she to 402, inclusive, together. will make a statement on the matter. [26928/05] The building project for the school to which the Deputy refers is at an early stage of architectural Minister for Education and Science (Ms planning. However, owing to a continuing decline Hanafin): I am please to inform the Deputy that in enrolments and the level of investment which funding has been sanctioned for the school in would be required to facilitate a relatively small question to carry out health and safety works number of pupils, it was decided not to allow the including a new car park. proposed project to progress through architec- tural planning until a complete review of the long-term viability of the school had been car- School Transport. ried out. 398. Mr. O’Dowd asked the Minister for Edu- The project was initially planned for a long cation and Science, further to Question No. 1308 term projected enrolment of 400 pupils based on of 28 September 2005, if school transport will be demographic information available at that time. provided for a person (details supplied) in In the event, the population did not increase as County Louth. [27355/05] expected and enrolment in the school continued to decline as it has done for over ten years. For Minister for Education and Science (Ms example, in the 2004-05 school year, 187 main- Hanafin): Officials in the transport liaison office stream students and 65 further education students at County Louth VEC, which administers the were attending the school. This compares with school transport scheme at post-primary level on 315 mainstream students and 48 further edu- behalf of my Department, recently confirmed to cation students in 1995. In the past five years my Department that an offer of concessionary overall enrolment declined by some 22% alone. fare-paying transport has been made to the pupil This was rightly a matter of concern to my referred to by the Deputy. It is important to point Department given the level of investment which out that the offer of concessionary fare-paying it was being required to make. transport was made subject to a number of con- It is common practice for my Department to ditions, including the availability of a spare seat review all projects before they are included in a on the service concerned. Such concessionary capital programme. I expect the review being car- transport is not guaranteed from year to year. ried out on the particular project in question to be finalised shortly and contact will be made 695 Questions— 11 October 2005. Written Answers 696

[Ms Hanafin.] basis of academic qualifications and the results of directly with the school authority in relation to a competitive interview process. this matter at that time. The current quota for admissions for the 2005- 2006 programmes is 1,000 and I have no plans to 403. Mr. Wall asked the Minister for Education increase this number at present. My Department and Science the position regarding a school and the HEA are continuing to review the supply (details supplied) in County Kildare; if finances and demand of second level teachers on an will be made available for an upgrade of current ongoing basis. Officials in my Department main- facilities; if assistance for upgrading is seen as tain contact with the various education depart- urgent; and if she will make a statement on the ments in regard to the diploma and other post- future of the current school building. [27360/05] graduate qualifications for teachers at primary and second levels and I am ensuring that this pro- Minister for Education and Science (Ms cess continues. Hanafin): The new eight classroom building pro- With respect to the type of students that are ject for the school referred to by the Deputy is at successful in getting places on the State-funded an early stage of architectural planning. My H.Dip. programmes, the Deputy may we aware Department’s officials are in the process of exam- that I have said that the entry system should be ining a recently received stage 2 submission, changed to ensure that enough students with a developed sketch scheme, and when this examin- background in all the subjects we require teachers ation is completed will be in contact with the in, but particularly in maths, science and Irish, get school authorities with regard to the next steps places on the H.Dip. programme. My Depart- involved in progressing this building project. ment is working on this with the Colleges of education.

Teaching Qualifications. School Transport. 404. Mr. Penrose asked the Minister for Edu- 405. Ms O. Mitchell asked the Minister for cation and Science if she has satisfied herself that Education and Science if she has received any of there are adequate places provided for young the reports following on various investigations persons, who wish to apply for H.Dip. on Edu- into the County Meath school bus crash. cation; if her attention has been drawn to the fact [27389/05] that some students who qualified almost three years ago have still not secured a place to under- Minister for Education and Science (Ms take the H.Dip. on Education in view of the fact Hanafin): I have not received any report relating that such students have obtained considerable to the investigations into the County Meath experience in teaching hours; and if she will make school bus crash. a statement on the matter. [27382/05] Question No. 406 answered with Question Minister for Education and Science (Ms No. 97. Hanafin): My Department is responsible for teacher education and development, with part- 407. Mr. Perry asked the Minister for Edu- icular regard to initial teacher education covering cation and Science if she has reviewed an appeal the colleges of education and the education with details submitted to her on 8 September departments in the universities and colleges. 2005 in relation to school transport for persons Applications for the higher diploma in education (details supplied); if a decision will be made in are made through the Higher Diploma in Edu- view of their extenuating circumstances; and if cation, National University of Ireland, Appli- she will make a statement on the matter. cations Centre, known as the HDEAC, which was [27414/05] established in 1998. The HDEAC is agent for, and acts on behalf Minister for Education and Science (Ms of, the universities participating in the application Hanafin): I take it that the Deputy is referring to system and the application regulations, pro- a daughter of the person identified in the details cedures and timetable are agreed annually by supplied. An application in respect of this pupil these universities. Applicants are awarded points for school transport to the school referred to by on the basis on performance in their primary the Deputy was received by my Department in degree, any additional relevant academic qualifi- October 2004. However, as she did not meet the cations and teaching experience. Applications are conditions prescribed under the school transport made to the HDEAC through one common scheme, she was deemed ineligible for free trans- application form. In the case of Trinity College, port to this particular school. My Department applicants continue to apply directly to the uni- advised at the time, however, that she was eligible versity and I understand that places on the higher to be considered for concessionary fare-paying diploma in education course are awarded on the transport subject to the usual conditions. 697 Questions— 11 October 2005. Written Answers 698

An appeal against my Department’s decision isation programme 2005-2009. The school has was submitted in November 2004 to the indepen- recently been given approval to carry out essen- dent school transport appeals board. The board tial electrical works, pending delivery of its major considered the appeal and found that the terms building project. of the school transport scheme had been fairly and appropriately applied in respect of the pupil Home Tuition Scheme. concerned. The pupil’s mother was advised of the outcome of the appeal on 15 December, 2004. 410. Mr. Penrose asked the Minister for Edu- There is no record of a subsequent appeal in cation and Science the reason her Department is this case. discontinuing home tuition for a person (details supplied) in County Westmeath who has signifi- cant medical difficulties; if in view of this she will Home Tuition Scheme. now take steps to ensure that the home tuition 408. Mr. Ring asked the Minister for Education which has been available to this person continues and Science when home tuition will be approved past its designated cut-off point of the 22 for persons (details supplied) in County Mayo. December 2005; and if she will make a statement [27417/05] on the matter. [27426/05]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The home tuition scheme is primarily Hanafin): The home tuition scheme is primarily intended to provide compensatory instruction for intended to provide compensatory instruction for pupils who have a medical ailment that is likely pupils who have a medical ailment that is likely to cause major disruption to their attendance at to cause major disruption to their attendance at school. In this context, my Department provides school. In this context, my Department provides home tuition grants in respect of pupils who home tuition grants in respect of pupils who cannot attend school at all or who are absent for cannot attend school at all or who are absent for a significant proportion of the school year. My a significant proportion of the school year. My Department also sanctions home tuition in cases Department also sanctions home tuition in cases where children are awaiting a suitable school where children are awaiting a suitable school placement. placement. I can confirm that my Department received I confirm that the pupil in question is enrolled applications for home tuition in respect of the in a mainstream primary school with appropriate pupils referred to by the Deputy towards the end supports. The pupil had also been in receipt of a of September 2005. The information provided in home tuition grant. My Department considers the applications indicates a high level of school that school-based education provision is the most attendance by both pupils during the course of appropriate intervention for all children and has the last school year. My officials are examining discontinued the practice whereby children who the applications and a decision will be conveyed are in full-time education provision would also be to the family in writing shortly. able to avail of home tuition grants. The follow- ing dedicated resources are now deployed to sup- port children with special educational needs in Schools Building Projects. the primary system. There are now more than 409. Mr. J. O’Keeffe asked the Minister for 5,000 teachers in our primary schools working Education and Science when steps will be taken directly with children with special needs, includ- to ensure that the long promised extension to a ing those requiring learning support. This com- college (details supplied) in west Cork will be pares with fewer than 1,500 in 1998. One out of provided; the reason no progress has been made every five primary school teachers is working since commitments to appoint a design team were specifically with children with special needs. given in 2002; and if priority will be given to There are nearly 6,000 special needs assistants. ensure that there will be no further delay with More than \30 million is spent on school trans- this project. [27421/05] port for special needs pupils and more than \3 million goes towards specialised equipment and Minister for Education and Science (Ms materials. Hanafin): The school referred to by the Deputy My Department has written to this pupil’s applied for an extension and refurbishment of parents confirming its intention to discontinue existing accommodation. The application has the practice of sanctioning home tuition grants been assessed in accordance with the published for pupils who are also in full-time education. prioritisation criteria which was revised last year This has also been communicated to the pupil’s following consultation with the education school. In the interim my Department has sanc- partners. tioned the continuance of the home tuition grant The project is being considered for progression for this pupil to the end of the current school in the context of the school building and modern- term to allow further consideration to be given to 699 Questions— 11 October 2005. Written Answers 700

[Ms Hanafin.] Minister for Education and Science (Ms the pupil’s needs. In this regard, the school has Hanafin): The transition year programme is been requested to make contact with the local optional for each school. A minority of schools special education needs organiser to discuss how do not offer transition year at all. In others, it the needs of the pupil can be met by the school. may be available as an optional programme for It is important that the family keep in close con- some pupils. Some schools, in deciding to offer tact with the local senior education needs organ- the programme, require all pupils to take the iser to ensure that if the pupil has to miss a signifi- programme in accordance with their curriculum cant number of school days this year that the provision across the school. This decision is made need for further home tuition can be considered. by school management. If a parent is unhappy with matters concerned ICT Advisers. with the management of the school they may make representations to the principal, the board 411. Mr. O’Shea asked the Minister for Edu- of management and, in the case of a VEC school, cation and Science if she will provide a list of the local vocational education committee. teachers seconded to ICT adviser positions using a virtual school number; and if she will make a statement on the matter. [27445/05] Special Educational Needs. 414. Mr. Ring asked the Minister for Education Minister for Education and Science (Ms and Science the reason a person (details supplied) Hanafin): The ICT advisory service, which forms in County Mayo is not getting the resource teach- part of my Department’s ICT in schools prog- ing hours they need as a high incidence disability ramme, provides for the employment of ICT category pupil; if their resource teaching hours advisers attached to the 21 full-time education will be restored; and if she will make a statement centres. These advisers provide pedagogical on the matter. [27508/05] advice and support and technical advice to schools under the general direction of the Minister for Education and Science (Ms National Centre for Technology in Education. Of Hanafin): As the Deputy has already been the existing 19 ICT advisers, 17 are teachers who advised, a new general allocation system has been are seconded from the primary or secondary announced under which schools have been pro- system and who continue to be paid via the vided with resource teaching hours, based on teachers payroll systems under the roll numbers their enrolment figures, to cater for children with of the schools from which they have been high incidence special needs such as dyslexia and seconded. A further two advisers are teachers, those with learning support needs. My officials who are not seconded from a school and who are have been in contact with the National Council paid directly by the education centre which for Special Education who have confirmed that employs them and whose costs, in this regard, are following examination of an application for reimbursed by the National Centre for Tech- additional support for the pupil in question, it was nology in Education. determined that his needs fall within the high incidence disability category. Therefore, his needs Industrial Relations. fall to be met from within the school’s allocation of 7.5 hours under the new general allocation 412. Mr. O’Shea asked the Minister for Edu- system. This outcome has been communicated to cation and Science her proposals to resolve the the school authorities. situation of an acting ICT adviser in County My officials have contacted the local special Waterford (details supplied); and if she will make educational needs organiser regarding the pupil a statement on the matter. [27446/05] referred to by the Deputy. I am informed that the SENO will make direct contact with the school Minister for Education and Science (Ms authorities regarding the matter, in the very Hanafin): I understand that the issue to which the near future. Deputy refers will come before a rights com- missioner for hearing later this month and there- School Transport. fore it would be inappropriate for me to comment in advance of a determination in the matter. 415. Mr. Crowe asked the Minister for Edu- cation and Science if, in view of the recent leaving of a child by the side of the road by Bus E´ ireann, Transition Year Programme. which is now implementing a no-ticket, no-travel 413. Mr. Naughten asked the Minister for Edu- policy, the measures she has put in place to cation and Science if transition year is compul- ensure that this will not happen again; and her sory where it is deemed so by the school auth- views on the fact that in light of the no-ticket, no- orities; and if she will make a statement on the travel policy this is very likely to happen matter. [27487/05] again. [27509/05] 701 Questions— 11 October 2005. Written Answers 702

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): I am aware of the case referred to by Hanafin): I am pleased to inform the Deputy that the Deputy. A report in regard to the circum- a suitable site has been identified for the new stances of the case has been requested from Bus school to which he refers. Contracts for the site E´ ireann, which organises the school transport in question are with the Chief State Solicitor’s scheme on behalf of my Department. When this Office. Architectural planning for the new report has been received, my Department will development has commenced and my Depart- advise the Deputy of the position. ment is awaiting grant of planning permission for In regard to the general administration of the the building project. school transport scheme, the position is that Bus ´ Eireann issues tickets, or travel permits, to pupils Education Schemes. who have been approved transport on a service. In addition to specifying the pupil’s name, the 417. Mr. P. McGrath asked the Minister for pick-up and set-down point and the period of val- Education and Science the stage the plans for a idity, the permit specifies that pupils must carry dedicated applied behaviour analysis unit at tickets at all times when travelling to and from Rathfarnham and Bohernabreena, Dublin; the school. In addition, the invoice issued by Bus expected date of delivery for this long awaited E´ ireann in respect of tickets specifies that only service; and if she will make a statement on the those pupils in possession of a valid permit will matter. [27598/05] be carried on a transport service. In line with transport systems in general, this is deemed to be Minister for Education and Science (Ms the most appropriate method of identification Hanafin): My Department has approved funding and allows drivers and other personnel to control towards the operation of a facility delivering an travel and regulate loadings. applied behaviour analysis model of education provision to children on the autistic spectrum at I have been advised by Bus E´ ireann that lis- Rathfarnham. I understand the facility com- tings of pupils who have been issued with tickets menced operation in April 2005. for the current term will be issued to bus oper- My Department has no record of receiving an ators in mid-October. Such an arrangement is not application for a similar facility at Bohernab- possible in the case of pupils who avail of sched- reena. The National Council for Special Edu- uled public transport services. cation, NCSE, which became operational in The issue of listings at an earlier date is not January 2005 is responsible for processing any possible due to the number of late applications applications for additional special educational and late payments received in school transport needs resources. The NCSE has confirmed that it offices throughout the country. It would be of has not received any proposal for the establish- ´ little benefit issuing such lists until Bus Eireann ment of a facility in Bohernabreena. is satisfied that the vast bulk of tickets have been issued and that the listing represents a true reflec- tion of all pupils who are authorised to travel. School Staffing. More than 134,000 pupils are carried by in 418. Mr. McGuinness asked the Minister for excess of 3,000 vehicles under my Department’s Education and Science if a response will be school transport scheme. In view of the recent expedited to a submission made by a person focus on safety measures in regard to school (details supplied) in County Kilkenny regarding transport and the obvious administrative burden his employment as a teacher at a school in in operating a scheme of this size, the Deputy will County Kilkenny; if the submission will be exam- appreciate the importance of ensuring that only ined and a response issued. [27601/05] those pupils who have been approved transport are availing of a service and that additional pupils Minister for Education and Science (Ms are not carried which may compromise safety Hanafin): An application for incremental credit measures. was received by my Department from the person to whom the Deputy referred in April 2005. My Schools Building Projects. Department examined this application and issued a decision to the person on 18 April 2005. Where 416. Mr. Ring asked the Minister for Education an applicant is unhappy with the outcome of an and Science the position regarding the provision application an independent appeals committee is of a new building for a primary school (details available to consider appeals. This committee supplied) in County Mayo; the stage the process meets normally twice a year. An appeal against is at; if a site has been purchased; the position the Department’s decision was received in June regarding planning for the new building; if a con- 2005 and will be referred to the next meeting of tractor has been appointed; when works will com- the appeals committee for decision. The outcome mence; and if she will make a statement on the will be notified to the person concerned as soon matter. [27531/05] as possible. 703 Questions— 11 October 2005. Written Answers 704

Disadvantaged Status. school; and if she will make a statement on the matter. [27604/05] 419. Ms Enright asked the Minister for Edu- cation and Science the position in relation to an application for disadvantaged status by a school 421. Ms Enright asked the Minister for Edu- (details supplied) in County Leitrim; if she will cation and Science the reason for the delay in review the status of the school in view of the fact progressing a school building project (details that the neighbouring schools are so classified; supplied) in County Laois; if her attention has and if she will make a statement on the been drawn to the fact that one of the schools matter. [27603/05] involved will close in 2008; and if she will make a statement on the matter. [27605/05] Minister for Education and Science (Ms Hanafin): The school to which the Deputy refers Minister for Education and Science (Ms is included in the rural dimension of my Depart- Hanafin): I propose to take Questions Nos. 420 ment’s “Giving children an even break” prog- and 421 together. ramme aimed at combating educational disadvan- My Department is keenly aware of the impend- tage. The school receives additional financial ing closure of the school to which the Deputy resources to provide educational supports to be refers. It has been working over the summer targeted at disadvantaged pupils. The new action months on a cost verification exercise in relation plan for educational inclusion, entitled to all options presenting to accommodate the new ”Delivering equality of opportunity in schools, or school. This is a complex exercise given the type DEIS, which will be introduced on a phased basis and level of level of information which must be starting during the current school year, aims to gathered and then assessed. Negotiations are also ensure that the educational needs of children and a part of the process. young people, from pre-school to completion of On 6 October last, my Department received upper second-level education, i.e. three to 18 the final information it required from one of the years, from disadvantaged communities are prior- parties concerned. Now that this information is to itised and effectively addressed. The new plan is hand, I expect a decision on an accommodation the outcome of the first full review of all prog- solution for the new school to issue shortly. rammes for tackling educational disadvantage that have been put in place over the past 20 years School Management. and it will involve an additional annual invest- ment of some \40 million on full implementation. 422. Ms Shortall asked the Minister for Edu- It will also involve the creation of about 300 cation and Science the reason for the delay in additional posts across the education system appointing a full representative board of manage- generally. ment for a school (details supplied) in Dublin 9; A key element of this new action plan is the if she will appoint such a board as a matter of putting in place of a standardised system for iden- urgency in order to ensure that staff and parents tifying levels of disadvantage in our primary and are appropriately represented as education part- second-level schools, which will result in ners. [27606/05] improved targeting of resources at those most in need. The identification and analysis processes Minister for Education and Science (Ms are being managed by the ERC on behalf of my Hanafin): I will be happy to appoint a board of Department. As a result of the identification pro- management when the outcome of the process of cess, approximately 600 primary schools, compris- selection and nomination of board members is ing 300 urban/town and 300 rural, and 150 notified to my Department. second-level schools will be included in a new school support programme, SSP. The SSP will Schools Building Projects. bring together and build upon a number of exist- ing interventions for schools and school 423. Mr. Timmins asked the Minister for Edu- clusters/communities with a concentrated level of cation and Science when building will commence educational disadvantage. We anticipate being in on the proposed two new primary schools (details a position to notify participating schools in supplied) in County Wicklow; and if she will relation to the outcome of the ongoing identifi- make a statement on the matter. [27616/05] cation process by the end of the year. Minister for Education and Science (Ms Hanafin): The two projects referred to by the Schools Building Projects. Deputy are among the large scale projects on the 420. Ms Enright asked the Minister for Edu- current school building programme to move to cation and Science the position in relation to site tender and construction. I am anxious that both acquisition for a school (details supplied) in of these projects progress to tender and construc- County Laois; if a site has been agreed for this tion as early as possible in 2006 but it is too early 705 Questions— 11 October 2005. Written Answers 706 in the design process to be certain of a date when Department is currently assessing the post ration- building will commence. alisation accommodation needs of the schools to which the Deputy refers. In this regard, the local Physical Education Facilities. inspector has been requested to provide long term projections for both schools to establish the 424. Mr. Timmins asked the Minister for Edu- extent of accommodation which will be needed to cation and Science when the application for a facilitate the amalgamation. In addition, a techni- physical education hall at a school (details cal inspection has been carried out on the existing supplied) in County Wicklow was first sanc- buildings to determine which, if either, would be tioned; when the building will commence; and if suitable to act as a host for the new school. A she will make a statement on the matter. greenfield site solution will be necessary if a host [27617/05] does not emerge. The technical report will be available in my Department shortly. Minister for Education and Science (Ms In the meantime, the project has been assessed Hanafin): The school planning section of my in accordance with the agreed prioritisation Department is in receipt of an application for criteria for large scale projects. It will be con- major capital funding for a sports hall from the sidered for commencement of architectural plan- management authority of the school to which the ning when the various strands have been pulled Deputy refers. The application has been assessed together in terms of the long term projected in accordance with the published prioritisation enrolment and a proposed accommodation criteria for large scale projects. Progress on the solution. proposed works is being considered in the context of the school building and modernisation prog- ramme from 2006 onwards. School Accommodation. 427. Mr. Healy asked the Minister for Edu- Youth Services. cation and Science the position regarding the pro- vision of accommodation for the second year 425. Mr. O’Connor asked the Minister for Edu- class at a school (details supplied) in County cation and Science if additional supports are Tipperary; and her views on the provision of being granted to youth organisations; and if she additional non-pay funding for the school as cur- will make a statement on the matter. [27631/05] rently all non-pay funding is provided out of the VEC budget. [27633/05] Minister for Education and Science (Ms Hanafin): I fully appreciate the importance and value of the youth work programmes and services Minister for Education and Science (Ms provided by youth organisations and in particular, Hanafin): An application for additional accom- the organisation referred to by the Deputy. This modation for September 2005 was received from organisation is currently in receipt of funding the school to which the Deputy refers. This appli- under the special projects for youth scheme, cation was unsuccessful as the school is accommo- administered by the youth affairs section of my dated in a mainstream post primary school in Department. which enrolments have fallen. Therefore, it was In this connection, I am pleased that financial considered that appropriate accommodation was allocations for the youth sector in 2005 include an available for use by the school in question. 18% increase over 2004. This additional funding The position in relation to the funding of VEC catered for a number of developments including schools is that payments are made to VECs as an 8% increase to all youth organisations and part of a block grant that is designed to meet projects. This provision allows for further VEC overheads and other activities in addition development and expansion of their programmes to the second-level programme. The Department and services. does not earmark allocations for individual The 2005 allocation for the organisation schools or for the various activities of VECs. My referred to by the Deputy is \756,572 and this Department has recently received a request from figure includes the 8% increase. the County Tipperary, South Riding, VEC for increased funding, including the school referred to by the Deputy. The request is currently being Schools Amalgamation. given full consideration and my Department will 426. Mr. Healy asked the Minister for Edu- revert directly to the VEC in the near future. cation and Science the position regarding the amalgamation of schools (details supplied) in Special Educational Needs. County Tipperary; and if she will make a state- ment on the matter. [27632/05] 428. Mr. Healy asked the Minister for Edu- cation and Science the reason the recommend- Minister for Education and Science (Ms ation of the special education needs organiser to Hanafin): The school planning section of my provide 41 additional teaching hours and to 707 Questions— 11 October 2005. Written Answers 708

[Mr. Healy.] and if she will make a statement on the provide resource teaching for children with matter. [27635/05] special educational needs at a school (details supplied) in County Tipperary was not Minister for Education and Science (Ms implemented; her views on these additional Hanafin): I am most anxious that all children hours; and if she will make a statement on the receive an education appropriate to their needs. matter. [27634/05] As the Deputy may be aware, the home tuition scheme is primarily intended to provide com- Minister for Education and Science (Ms pensatory instruction for pupils who have a medi- Hanafin): The National Council for Special Edu- cal ailment that is likely to cause major disruption cation, NCSE, has been established as an inde- to their attendance at school. In this context, my pendent statutory body with responsibilities as set Department provides home tuition grants in out in the National Council for Special Education respect of pupils who cannot attend school at all, (Establishment) Order 2005. or who are absent for a significant proportion of Since 1 January 2005, the NCSE through local the school year. My Department also sanctions special educational needs organisers, SENOs, is home tuition in cases where children are awaiting responsible for processing resource applications a suitable school placement. My Department con- for children with special educational needs. The siders that school-based education provision is level of teaching and special needs assistant sup- the most appropriate intervention for all children port for special educational needs is determined and has discontinued the practice whereby chil- by the SENO in accordance with my Depart- dren who are in full-time education provision ment’s resourcing policy for special educational would also be able to avail of home tuition grants. needs. The procedures for appointment of The following dedicated resources are now teachers and /or SNAs arising from such deployed to support children with special edu- decisions, are outlined in my Department’s circu- cational needs in the primary system: over 5,000 lar letter PPT 01/05. This circular states that, in teachers in our primary schools working directly regard to additional teaching support, school with children with special needs, including those authorities within their teacher quota may pro- requiring learning support. This compares to ceed to make the necessary staffing adjustments under 1,500 in 1998. One out of every five on receipt of the decision of the SENO. primary school teachers is now working specifi- All other schools must await the direction of cally with children with special needs; nearly the Department of Education and Science before 6,000 special needs assistants; more than \30 mil- making any teacher staff adjustments. lion on school transport for special needs pupils; In situations where schools have over quota and more than \3 million towards specialised posts, my Department routinely requires that equipment and materials. these posts be utilised to meet new and emerging Two of the children referred to by the Deputy needs within such schools, including those of were in receipt of a home tuition grant while pupils who have special educational needs, where awaiting school placement. I can confirm that appropriate. In the case of the school in question, they are now enrolled in a special school since my Department decided that the teaching hours September 2005. Their needs are being catered recommended by the SENO should be met from for in a special class for pupils with autism with a within the school’s existing resources, which maximum pupil teacher ratio of 6:1 together with included 5.5 surplus teaching posts. special needs assistant support. As these pupils An independent appeals committee is available are now in full-time education, the matter of the to school authorities who wish to appeal the continuance of home tuition no longer arises. adequacy of their teacher allocation. The school The third pupil is also enrolled in a special class in question appealed this decision to the indepen- for pupils with autism in a special school with dent appeals committee and was granted a enhanced supports. This pupil is currently in further 0.09 whole-time equivalent posts. This receipt of a home tuition grant. My Department committee operates independently of my Depart- has written to the pupil’s parents confirming its ment and its decisions are final. intention to discontinue the practice of sanc- tioning home tuition grants for pupils who are 429. Mr. Healy asked the Minister for Edu- also in full-time education. This has also been cation and Science the reason home tuition grants communicated to the pupil’s school. In the have been withdrawn from children on the autis- interim, however, my Department has sanctioned tic spectrum entering special school for the first the continuance of the grant for this pupil to the time (details supplied); the further reason parents end of the current school term to allow further of children on the autistic spectrum have been consideration to be given to the needs of the informed that this grant will be withdrawn alto- pupil. In this regard, the school has been gether with effect from 1 January 2005 as the requested to make contact with the local special special schools in South Tipperary do not operate education needs organiser, SENO, to discuss how the ABA and individual education plan system; the needs of the pupil can be met by the school. 709 Questions— 11 October 2005. Written Answers 710

Question No. 430 answered with Question ment of the National Council for Special Edu- No. 47. cation, NCSE. The NCSE, which became operational on 1 431. Mr. McGinley asked the Minister for Edu- January 2005, now processes applications for cation and Science the assistance available to dys- special educational needs, SEN, supports. The lexic children with reference to the Letterkenny council has a key role in the development and branch of the Dyslexia Association of Ireland; delivery of services for persons with special edu- and her plans to improve these services. cational needs. It will have a research and advis- [27512/05] ory role and will establish expert groups to con- sider specific areas of special needs provision. It Minister for Education and Science (Ms will also establish a consultative forum to facili- Hanafin): My Department has been providing tate inputs from the education partners and other annual funding of \63,500 to the Dyslexia Associ- interested parties. The council has a local area ation of Ireland since 1999. This funding has presence through a network of over 70 special helped the association to operate an information educational needs organisers, SENOs. service for members and the public. In addition, On the legislative front, the Oireachtas has it has assisted in meeting the costs associated with approved the Education for Persons with Special the attendance of some children from Needs Act 2004. This Act sets out the rights and disadvantaged backgrounds at workshops and entitlements of persons with special educational programmes organised by the association. More needs, including dyslexia, to an appropriate edu- specifically, last June my Department approved cation service and provides the necessary frame- \ payment of a once-off grant of 16,400 to the work for effective service delivery. Letterkenny branch of the Dyslexia Association My Department also provides funding to of Ireland. The purpose of the grant is to develop schools for the purchase of specialised equipment a model of co-operation with local schools and such as computers to assist children with special their resource teachers in relation to services for educational needs, including children with dys- children with dyslexia and how the Letterkenny lexia, with their education where such equipment branch can link in with their local schools. is recommended by relevant professionals. The report of the task force on dyslexia con- Schools can apply to the local SENO directly for tains over 60 individual recommendations ranging this support. across a wide variety of issues from identification Training is available through the 21 teacher and assessment, to models of service delivery, education dentres nationally for teachers using specialist training for service providers, to issues ICT and assistive technologies to support pupils relating to structural reforms and the mainten- with special educational needs, including those ance of a data-base of pupils with specific learn- with dyslexia. The provision of resources to ing difficulties, including dyslexia, who are in address the learning difficulties of children with receipt of special education services in primary low levels of achievement in reading has been and post-primary schools. given a very high priority by my Department. As Since the task force reported, a number of the Deputy is aware, my Department announced initiatives have been taken in the area of dyslexia. the new general allocation system last May with These include: the introduction of the first ever on-line training course for teachers catering for a view to it being implemented in all primary pupils with dyslexia; the appointment of ten new schools with effect from the start of the current learning support trainers to the primary curricu- school year. The general allocation scheme is lum support programme, specifically to provide designed to ensure that each school has enough in-depth support for the implementation of learn- resource teaching hours to meet the needs of chil- ing support guidelines for children with dyslexia; dren with high incidence special needs, such as a reduction from 11:1 to 9:1 in the pupil teacher dyslexia and children with learning suppport ratio applicable to special classes catering for needs. pupils with dyslexia; and the development, in There are now more than 5,000 teachers in our association with the Department of Education in primary schools working directly with children Northern Ireland, of an information resource on with special needs, including those requiring dyslexia which is available in cd-rom, dvd and learning support. This compares to under 1,500 in video format. 1998. One out of every five primary school In addition to measures outlined, a key focus teachers is now working specifically with children of my Department has been on advancing the with special needs, including with dyslexia. fundamental structural and legislative measures, Where the condition of a pupil with dyslexia is which are necessary to underpin the development of a more serious nature, provision can be made and delivery of services for persons with special in one of the 4 special schools or 23 special classes needs, including children with dyslexia. A key attached to ordinary primary schools and dedi- development on the structural front has been the cated to the needs of children with dyslexia. All Government’s decision to approve the establish- special schools and special classes for such chil- 711 Questions— 11 October 2005. Written Answers 712

[Ms Hanafin.] Minister for Education and Science (Ms dren operate at a reduced pupil teacher ratio of Hanafin): There are 139 primary schools and 30 9:1. post-primary schools in Gaeltacht areas. Accord- At second level, each school in the free edu- ing to returns in respect of the 2004/05 school cation scheme or block grant scheme with an year submitted to my Department, 106 of the enrolment of fewer than 600 recognised pupils, primary schools taught all classes through the excluding pupils on post leaving certificate prog- medium of Irish. rammes, receives an allocation of 0.5 of a learning Since the year 2000/01, five primary schools support post. Schools with an enrolment of 600 have changed from having all classes taught such pupils and more, receive a full learning sup- through the medium of Irish — one having some port post. classes taught through the medium of Irish while Where a pupil with special educational needs four have some subjects in each class in the enrols in a post primary school, it is open to the school taught through the medium of Irish. school to apply to the local SENO for additional The information in relation to the post-primary teaching support and/or special needs assistant schools is being compiled and will be forwarded support for the pupil. There are a total of 531 to the Deputy as soon as it is available. remedial/learning support teachers, 689 guidance An Chomhairle um Oideachas Gaeltachta agus posts and 1,599 whole-time equivalent resource Gaelscolaı´ochta, which was set up under the teachers currently in place. Additional special terms of the Education Act 1998, is currently support services are being made available on an studying the conclusions and recommendations of ongoing basis in response to identified needs. a report commissioned by them on Gaeltacht Second level pupils with specific learning dis- education. An chomhairle will then report to me ability are normally integrated into mainstream and make recommendations as to how best my classes. In such situations, they may receive Department can support and develop Irish additional tutorial support through the remedial medium education in Gaeltacht schools. teacher, guidance counsellor and subject teacher. Depending on the degree of the condition, they Question No. 433 answered with Question may also be eligible for special arrangements in No. 47. the certificate examinations. In September 2003, my Department estab- School Curriculum. lished the special education support service, SESS, to manage, co-ordinate and develop a 434. Mr. Deenihan asked the Minister for Edu- range of supports in response to identified train- cation and Science if she will give details on the ing needs. The SESS, which is hosted in Cork teaching of the arts in schools; and if she will Education Centre, provides a nationwide service make a statement on the matter. [20209/05] to teachers and special needs assistants. As part of its response to the growing demand from Minister for Education and Science (Ms teachers for support and training, the SESS is cur- Hanafin): The primary school curriculum 1999 rently developing teams of trainers to deliver affirms the centrality of the arts in primary edu- training in four specific areas: autism, challenging cation and incorporates the subjects visual arts, behaviour, dyslexia and inclusion. This training music and drama within the curriculum area of will be delivered locally through the education arts education. The curriculum envisages that all centre network. children will have access to a range of experiences My Department is continuing to prioritise the in arts education, which will enable them to com- development of the network of special edu- municate their ideas, feelings, insights and experi- cational provision for children with special edu- ences through image, music, language, gesture cational needs, including children with dyslexia and movement. It also envisages that children will and I believe that the steps taken in recent years have opportunities to respond as makers, viewers, and those currently in hand represent significant listeners or readers to their own work and to the progress in the development of those services. expressive creativity of artists, composers, writers and performers. When planning for the imple- mentation of arts education, schools are encour- Gaeltacht Schools. aged to develop relationships with local and 432. Mr. O’Shea asked the Minister for Edu- national artists and arts institutions such as con- cation and Science the number of primary and cert halls, art galleries and museums so that chil- post-primary schools in Gaeltacht areas; the dren are enabled to experience visual arts, music number of these that continue to teach purely and drama in such settings. through Irish; the number of these Gaeltacht At second level, the new leaving certificate schools that have had to switch to teaching music syllabus is now well established and prep- through the medium of English in recent years; arations for the introduction of a revised syllabus and if she will make a statement on the for leaving certificate art are well under way. The matter. [22579/05] implementation of this syllabus will be 713 Questions— 11 October 2005. Written Answers 714 accompanied by a comprehensive programme of unions and my Department. Circular 5/98, also in-career development for teachers. The intro- issued by my Department in February 1998, sets duction of this syllabus will result in a significant out the agreed national criteria for the level and increase in interest in art as a subject at senior types of duties for the posts of assistant principal cycle. and special duties teachers. In the transition year programme, schools offer Under the terms of circular 5/98, school man- a variety of modules which stimulate pupils’ agement, following consultation between the interest in the arts in general and which, in many principal and staff, shall determine the duties cases, give them the opportunity to interact with which need to be performed for the effective practising artists in their own classrooms and in internal management of the school. In identifying other contexts. the post duties required by the school, account shall be taken of the needs of the school, includ- ing, special educational needs, where appropriate. School Accommodation. Duties should reflect the grade and level of 435. Mr. Deenihan asked the Minister for Edu- responsibility entailed by the post, taking into cation and Science the position regarding the pro- account the size and individual needs of the vision of a new primary school at a school (details school. supplied) in County Kerry; and if she will make As the schedule of posts of responsibility is a statement on the matter. [27313/05] agreed between the respective school manage- ment bodies, the teacher unions and my Depart- Minister for Education and Science (Ms ment, claims for additional posts are a matter for Hanafin): The need for a new school building is the teacher’s conciliation council which is com- acknowledged by my Department. A suitable site prised of representatives of the teachers unions, for the proposed new school has been identified school management, the Department of Finance by the Office of Public Works. Acquisition of the and my Department. site is underway and is progressing satisfactorily. The next step, once the site is acquired, is the Education Schemes. initiation of architectural planning of the building project. The project is being considered for pro- 437. Mr. Gogarty asked the Minister for Edu- gression in the context of the school building and cation and Science if transition year is not just for modernisation programme 2005-09. the cream of the crop and is open to any student regardless of ability or junior certificate results; the body or individuals who are responsible for Special Educational Needs. deciding the number of students and which 436. Ms C. Murphy asked the Minister for Edu- students take transition year at each school; and cation and Science if she will facilitate the estab- if she will make a statement on the matter. lishment of a new A1 or assistant principal grade [27735/05] position at a school (details supplied) in County Kildare, the appointee to which shall co-ordinate Minister for Education and Science (Ms special education resources and a special class Hanafin): The transition year programme is avail- that it is proposed be established within the able as an option to all second level schools. Cur- school; and if she will make a statement on the rently, more than 500 schools are providing the matter. [27734/05] programme. The transition year programme is suitable to students of all levels of ability. Its aim 441. Ms C. Murphy asked the Minister for Edu- is to provide students with a broad educational cation and Science if co-ordinating a special class experience that will allow them to mature while for students with autistic spectrum disorders is a developing their personal, academic and social specialised role; her views on whether such a role skills. There is not a prescribed national curricu- needs to be outside the normal posts of responsi- lum for transition year. Each school has the free- bility in a school; her further views on the classifi- dom to design its own programme in accordance cation of positions such as A1 or assistant princi- with the needs of its students. pal grades; and if she will make a statement on The management authority of each school car- the matter. [27739/05] ries responsibility for making all decisions regard- ing the transition year programme in that school. Minister for Education and Science (Ms Guidelines have been issued by my Department Hanafin): I propose to take Questions Nos. 436 to support schools in this process. In some and 441 together. schools, the programme is compulsory for all Circular letter 6/98, issued by my Department students. In those that offer it as an option, cir- in February 1998, sets out the schedule of assist- cumstances may arise where it is necessary to ant principal and special duties teacher posts in limit the number of students who can avail of it. voluntary secondary schools as agreed between In schools where restrictions apply, an open and the respective management bodies, the teacher transparent selection process should be in place 715 Questions— 11 October 2005. Written Answers 716

[Ms Hanafin.] part of the planning process free of charge; and if which is based on criteria that promote the edu- she will make a statement on the matter. cational well-being of all students. [27738/05]

School Accommodation. Minister for Education and Science (Ms Hanafin): I am conscious of the pressures being 438. Mr. Gogarty asked the Minister for Edu- placed on education providers in areas of major cation and Science the latest developments population growth. To this end my Department regarding the provision of much needed space for is prioritising the provision of new and enhanced a school (details supplied); if she will make an educational facilities in these areas. The prioritis- offer to a company (details supplied) for an ation criteria, which were recently revised in con- adjoining site; and if she will make a statement sultation with the education partners, allocate a on the matter. [27736/05] top priority, band 1, rating to school building pro- jects in such areas. Minister for Education and Science (Ms My Department is included among the pre- Hanafin): My Department has acknowledged the scribed authorities to which local authorities are need for accommodation at the school to which statutorily obliged to send draft development the Deputy refers. However, the fact that the plans or proposed variations to development school is located in a mature part of Lucan com- plans for comment. As a matter of course meet- plicates the identification of a suitable site, partic- ings are arranged with local authorities to estab- ularly given its desire to remain in close proximity lish the location, scale and pace of any major pro- to its church. The school authority undertook to posed developments and sites are reserved, where carry out its own negotiations to acquire a site necessary, to ensure as far as possible the timely to meet its needs in this regard. However, in the delivery of any required education infrastructure. absence of any firm proposal from the school Furthermore, under the provisions of the stra- authority, my Department is now considering tegic development zones, SDZ, it is generally the alternative options in an effort to resolve the position that sites must be reserved for schools accommodation difficulties at the school. and also that the schools must be developed in line with the housing and other developments. In Schools Building Projects. addition, the school planning section of my Department is working proactively with some 439. Mr. Gogarty asked the Minister for Edu- local authorities to explore the possibility of the cation and Science if she will consider introducing development of school provision in tandem with legislation, in conjunction with the Department the development of community facilities. This of the Environment, Heritage and Local Govern- enhanced co-operation has the effect of minimis- ment that will allow land for schools to be pur- ing my Department’s land requirements and thus chased at agricultural rates by means of a compul- reducing site costs while at the same time provid- sory purchase order. [27737/05] ing local communities with new schools with enhanced facilities. Minister for Education and Science (Ms With regard to the provision of free sites for Hanafin): The Deputy will be aware that the pro- school infrastructure, the Deputy will be aware visions of the Planning and Development Act that the provisions of the Planning and Develop- 2000 do not place any onus on developers to ment Act 2000 do not place any onus on devel- provide school sites other than at market rates. I opers to provide school sites other than at market am keeping an open mind as to whether legislat- rates. I am keeping an open mind as to whether ive change might be of assistance or prove the legislative change might be of assistance or prove best way forward here. Any changes in this area the best way forward here. Any changes in this would require careful consideration in the con- area would require careful consideration in the text of constitutional protection for private prop- context of constitutional protection for private erty and in weighing up how any reduction in the property and in weighing up how any reduction price per acre of any land given for schools in the price per acre of any land given for schools development might impact on the unit costs and development might impact on the unit costs and affordability of houses developed on the remain- affordability of houses developed on the remain- ing lands. ing lands.

440. Mr. Gogarty asked the Minister for Edu- Question No. 441 answered with Question cation and Science if she will consider introducing No. 436. legislation, in conjunction with the Department of the Environment, Heritage and Local Govern- Special Educational Needs. ment that will ensure that housing developments over a certain number within a certain land bank 442. Mr. Bruton asked the Minister for Edu- will require land for schools to be provided as cation and Science the extent to which children 717 Questions— 11 October 2005. Written Answers 718 with special educational needs in the autism spec- the maximum possible integration of pupils with trum have had individual education plans special educational needs into ordinary main- developed for them; the system which is in place stream schools. Where mainstream provision is for assessing if the requirements of the plan are not appropriate pupils can be catered for in being delivered; and if she is satisfied that there special schools which are dedicated to particular are sufficient education options for such children disability groups. There are 107 special schools in in their teenage years. [27740/05] the country at present. These schools cater for children from four to 18 years of age and each 443. Mr. Bruton asked the Minister for Edu- school enjoys a significantly reduced pupil- cation and Science the information networks that teacher ratio and other staffing supports. are available to parents who discover from assess- My Department is continuing to prioritise the ments that their child has special educational development of the network of special edu- needs in the autism spectrum; if she has carried cational provision for children with special needs, out any assessment of the opinion of parents in including those with autism, and I believe that the this situation regarding the adequacy of the infor- steps taken in recent years and those currently in mation and expertise which they can access. hand represent significant progress in the [27741/05] development of those services. It is my intention that my Department will continue to work closely Minister for Education and Science (Ms with the Department of Health and Children in Hanafin): I propose to take Questions Nos. 442 developing services for children with autism. and 443 together. Information for parents of children with autism The enactment of the Education for Persons on health-related interventions such as therapy with Special Educational Needs Act 2004 and the services can be accessed from the Health Service establishment of the National Council for Special Executive. Specific information on appropriate Education, which has been operational since the educational interventions can be sought from the 1 January 2005, provide a legislative and struc- National Council for Special Education, NCSE, tural framework for the support of all children through its network of special educational needs with disabilities, including those with autism. organisers, SENOs. Questions on the provision of The Act provides a comprehensive legislative home tuition for children with autism who framework to govern the delivery of these require early intervention or are waiting to secure services while the establishment of the National an appropriate school placement can be referred Council for Special Education will improve and to my Department’s special education section. speed up the delivery of services to pupils with No assessment of parental opinion on the special needs, their parents and schools. The Act adequacy of the information and the expertise sets out a range of services, which must be pro- which they can access has been carried out by my vided, including assessments, education plans and Department. However, I am satisfied that with support services. Every child with special edu- more than 70 SENOs at local level nationwide, cational needs is entitled to an individual edu- parents will ultimately be able to access infor- cation plan, IEP, prepared by appropriate pro- mation on the various educational interventions fessionals. The IEP will set out the child’s and options at an earlier stage. educational needs, the special education and related support services to be provided to him or Schools Building Projects. her and the goals, which the child is to achieve over a period of not more than 12 months. 444. Mr. Bruton asked the Minister for Edu- Parents have a right to participate and provide cation and Science if proposals have been pre- inputs in the preparation of the IEP and the IEP pared for presentation to the school boards and is subject to regular review and amendment. parents groups regarding the possible solution of While the sections of the Act relating to IEPs the accommodation requirements of a school have not yet commenced, my Department is (details supplied) in Dublin 9; if she has set a aware that some schools have already initiated timeframe for final decisions on this matter; if she processes whereby individual plans have been has received any contact from Dublin City drawn up in respect of pupils with special edu- Council which has earmarked a site for the cational needs. This process generally involves development of a new school but needs confir- school staff, the pupil’s parents, the school psy- mation of the Department’s plans in order that chologist and any other professionals involved the overall development of the 38-acre site, of with the pupil. Part of the requirement of such which the earmarked place is a part, will proceed plans is that they are reviewed regularly with all in an integrated way; and if she will make a state- those involved in drawing them up. ment on the matter. [27742/05] The provision of education services for pupils of post primary age with autism is dependent on Minister for Education and Science (Ms the professionally assessed needs of the individ- Hanafin): My Department is fully aware of the ual pupil. The Department’s policy is to ensure need to provide a solution to the long-term 719 Questions— 11 October 2005. Written Answers 720

[Ms Hanafin.] faighte acu roimh re´ agus ma´ sha´saı´onn siad an accommodation needs of the school to which the Roinn maidir le caighdea´in chearta co´ irı´ochta, Deputy refers and it is actively considering two cu´ rsaı´ foirne, pleana´il curaclaim agus ceisteanna options. The first option is the provision of a new sa´bha´ilteachta. I gca´s cola´istı´ ata´ suite sa Ghael- school on the site to which the Deputy refers. tacht ı´ocann an Roinn Gno´ thaı´ Pobail, Tuaithe This matter is being pursued by the property agus Gaeltachta deontas substaintiu´ il thar gceann management section of the Office for Public na dteaghlach no´ na mban tı´ a shola´thraı´onn Works, which acts on behalf of my Department iostas do na mic le´inn. in site acquisitions generally. The second option, Nuair a fhiosraı´onn na cigirı´ cola´istı´ de´anann which could offer a better value for money sol- siad iniu´ chadh ar phleana´il ag leibhe´al na bainis- ution, involves rationalisation of exiting providers tı´ochta agus ag leibhe´al an churaclaim agus na in the area. Discussions are ongoing with the mu´ inteoireachta. Fe´achann siad an bhfuil rialacha respective boards of management in this regard. na Roinne a´ gcur i bhfeidhm. Caitheann co´ irı´ocht The Deputy will appreciate that rationalisation is agus a´iseanna bheith ar chaighdea´n cuı´ agus gan a sensitive issue for those concerned. It would iad a bheith faoi bhun an chaighdea´in a fho´ graı´- not, therefore, be helpful to treat the matter as a tear do thuismitheoirı´ i litrı´ocht an chola´iste. Lor- fait accompli by developing plans to accommo- gaı´onn na cigirı´ polasaithe ar a´bhair mar sha´b- date an unconnected school in premises owned ha´ilteacht, a´rachas, riailbhe´as agus bhulaı´ocht. by those involved in the rationalisation process or Breathnaı´onn siad ar an mu´ inteoireacht, de´anann to be prescriptive in terms of the time needed by siad idirghnı´omhu´ e´igin leis na mic le´inn agus the parties to explore the full implications of de´anann siad moltaı´ le haghaidh feabhsaithe. rationalisation proposals. This matter can only be Breathnaı´onn na cigirı´ ar na himeachtaı´ eagraithe finalised when the relevant discussions have been a tharlaı´onn san iarno´ in, cluichı´, spraoi cois tra´, completed and a decision has been taken by the turasanna agus rl., agus ar na himeachtaı´ eagrai- boards of management concerned to effect the istoı´che, ce´ilithe agus a leithe´id; agus de´anann rationalisation. The local authority will be noti- siad moltaı´ ina leith, ma´sga´. fied of the position as soon as a resolution has Ina dhiaidh seo ar fad sola´thraı´onn an cigire been reached. tuairisc ar an gcu´ rsa ar son na Roinne agus seol- tar co´ ip chuig u´ dara´is an chola´iste. De´antar tra´cht Departmental Correspondence. ar an obair seo i dTuarasca´il reachtu´ il an Phrı´omh-Chigire 2001-2004 a foilsı´odh nı´os luai- 445. Mr. McGuinness asked the Minister for the i mbliana. Education and Science if a comprehensive Nı´lse´ beartaithe ag an Roinn aon triail fhoirmi- response will be arranged for a submission made u´ il teanga a dheanamh ar chaighdea´n Gaeilge by a person (details supplied) in County daltaı´ a the´ann ar chola´istı´ samhraidh. Spreagann Kilkenny; and if a response will be expedited. an Roinn gach cola´iste chun modhanna measu´ - [27766/05] naithe a fhorbairt. Iarann cola´iste eile ar na mic le´inn fe´inmheasu´ nu´ a dhe´anamh ar an bhfeabhas Minister for Education and Science (Ms a tha´inig orthu, agus ceistiu´ cha´nalı´onadh ag Hanafin): Arrangements are being made to pre- deireadh an chu´ rsa. pare a comprehensive response to the issues raised by the person in question. This will issue to the Deputy as quickly as possible. Teaching Qualifications. 447. Mr. Noonan asked the Minister for Edu- cation and Science if a cap on the number of Cola´istı´ Samhraidh. students to colleges of education to train as 446. D’fhiafraigh Mr. O’Shea den Aire Oidea- primary teachers will be introduced; and if she chais agus Eolaı´ochta an bhfuil aon staide´ar will make a statement on the matter. [27807/05] de´anta ar an bhfeabhas a thagann ar chaighdea´n Gaeilge na mac le´inn a fhreastalaı´onn ar na Cola´- Minister for Education and Science (Ms istı´ Samhraidh sa Ghaeltacht; agus an nde´anfaidh Hanafin): The level of student intake to the se´ ra´iteas ina leith. [27795/05] colleges of education is determined annually by my Department taking account of the supply of Minister for Education and Science (Ms and demand for primary teachers and also having Hanafin): Nı´ dearnadh aon ta´sta´il cho´ rasach sta´t- regard to available resources. The demand for urraithe ar an dul chun cinn a dhe´anann mic le´inn primary teachers is influenced by a number of de thairbhe a dtre´imhse i gCola´istı´ Gaeilge. factors including: the application of the agreed De´anann breis is 20,000 mı´le mac le´inn freastal staffing schedule; demographic trends; the ar Chola´istı´ Gaeilge gach bliain agus de´anann number of teachers opting to take career breaks; Cigireacht na Roinne cigireacht ar thart ar 50% the number of secondments approved; and the de na cu´ rsaı´. Tugann mo Roinnse deontas sub- age at which teachers opt to retire on a voluntary staintiu´ il do na cola´istı´ ma´ bhı´onn aitheantas basis. The creation of additional posts in a part- 721 Questions— 11 October 2005. Written Answers 722 icular school year and the retention of posts aris- the scope of the maintenance grants scheme can ing from the allocation of the demographic divi- be considered only in the light of available dend also affect the demand for teachers. resources and in the context of competing It is considered necessary for my Department demands within the education sector. to regulate the intake to the colleges as they are fully funded by the taxpayer. In that context my Question No. 450 answered with Question Department has capped the number of entrants No. 68. to the colleges of education through the bachelor of education degree programme at 1,000 and the Education Welfare Service. post-graduate programme at 280 for the 2005-06 academic year. My Department does not have 451. Ms Enright asked the Minister for Edu- authority to regulate the intake of students to cation and Science the number of welfare officers private institutions. employed by the National Educational Welfare Board; the number of primary and secondary Question No. 448 answered with Question schools here; the number of such schools covered No. 97. by the NEWB welfare office, tabulated according to county; and if she will make a statement on the Higher Education Grants. matter. [27818/05]

449. Mr. Healy asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if she will amend the higher Hanafin): The Education (Welfare) Act 2000 education grant scheme to allow for the eligibility established the National Educational Welfare of a non-national person (details supplied); and if Board as the single national body with responsi- pending the necessary amendment local auth- bility for school attendance. The Act provides a orities operating the scheme will use discretion to comprehensive framework promoting regular accept applications from this person and others school attendance and tackling the problems of in the same circumstances. [27816/05] absenteeism and early school leaving. The general functions of the board are to ensure that Minister for Education and Science (Ms each child attends a recognised school or other- Hanafin): Under the terms of the higher edu- wise receives a certain minimum education. cation grants scheme grant assistance is awarded Since its formal launch in December 2003, the to students who meet the prescribed conditions aim of the National Educational Welfare Board of funding including those which relate to has been to provide a service to the most nationality, residency, means and previous disadvantaged areas and most at-risk groups. Five academic attainment. The nationality require- regional teams have been established with bases ment as set out in Clause 4.5 of the Higher Edu- in Dublin, Cork, Limerick, Galway and Water- cation Grant Scheme 2005 states: ford and staff have been deployed in areas of Candidates must: hold E.U. Nationality; or greatest disadvantage and in areas designated have Official Refugee Status; or have been under the Government’s RAPID programme. granted Humanitarian Leave to Remain in the Thirteen towns with significant school-going State; or have permission to remain in the State populations, 12 of which are designated under the by virtue of marriage to an Irish national resid- Government’s RAPID programme, now also ing in the State or be the child of such person, have an educational welfare officer allocated to not having EU nationality; or have permission them. Towns which have educational welfare to remain in the State by virtue of marriage to officer allocated to them include Dundalk, a national of another EU Member State who is Drogheda, Navan, Athlone, Carlow, Kilkenny, residing in the State and who is or has been Wexford, Bray, Clonmel, Tralee, Ennis, Sligo, employed, or self-employed, in the State, or be Naas, Castlebar, Longford, Tuam, Tullamore, the child of such a person, not having EU Letterkenny and Portlaoise. In addition, the nationality; or be nationals of a member coun- board will follow up on urgent cases nationally try of the European Economic Area (EEA) where children are not currently receiving an or Switzerland. education. As the candidate referred to by the Deputy is a The service is developing on a continuing basis. non-EU national who has been granted per- The total authorised staffing complement is cur- mission to remain in the State on the basis of rently 94, comprising 16 headquarters and sup- parentage of an Irish born child, I regret that she port staff, five regional managers, 12 senior edu- does not comply with the above conditions and is cational welfare officers, SEWOs, and 61 ineligible for grant assistance under the national- educational welfare officers, EWOs. There are ity requirements of the scheme. 742 post-primary and 3,284 primary schools in the I have no plans to extend the nationality clause State and since September 2005 every county is of the student support schemes. Any extension to served by an educational welfare service. 723 Questions— 11 October 2005. Written Answers 724

Psychological Service. deployed throughout the State by the National 452. Ms Enright asked the Minister for Edu- Council for Special Education to provide for the cation and Science the number of premises used delivery of local services in accordance with the by the National Education Psychological Service Act. It is a matter for the council to ensure that throughout the State; the cost of acquisition, run- appropriate office accommodation is provided for ning or refurbishment associated with each of its staff within approved budgetary parameters these premises; and if she will make a statement and in accordance with prescribed procurement on the matter. [27819/05] procedures.

Minister for Education and Science (Ms Consultancy Contracts. Hanafin): At present, National Educational Psychological Service, NEPS, staff are based in 455. Ms Enright asked the Minister for Edu- office premises in a total of 21 locations through- cation and Science the consultancy contracts out the country, including six temporary offices. awarded by all institutes of technology since 2000; The cost of acquisition and fit-out of offices for the amount expended on each contract; the com- NEPS are matters for which the Office of Public pany to which each contract was awarded; and if Works, OPW, has overall responsibility. The she will make a statement on the matter. general, non-pay, outturn for NEPS in 2004, met [27822/05] from the 2004 financial provision to my Depart- ment, amounted to \2.3 million. This expenditure 457. Ms Enright asked the Minister for Edu- covered a wide range of running costs relating to cation and Science the consultancy contracts NEPS as a national organisation, including the awarded by the council of directors of the network of offices. Details of all expenditure institutes of technology since 2000; the amount incurred by NEPS in respect of each of the prem- expended on each contract; the company to which ises in question are not readily available from my each contract was awarded; and if she will make Department’s records. a statement on the matter. [27824/05]

Education Welfare Service. Minister for Education and Science (Ms 453. Ms Enright asked the Minister for Edu- Hanafin): I propose to take Questions Nos. 455 cation and Science the number of premises used and 457 together. by the National Education Welfare Board Institutes of technology are statutory bodies throughout the State; the cost of acquisition, run- established under the Regional Technical ning or refurbishment associated with each of Colleges Acts 1992 to 2001. Under these Acts, the these premises; and if she will make a statement governance and day-to-day activities of the on the matter. [27820/05] institutes are matters for which the governing bodies and the management staff of the institutes Minister for Education and Science (Ms are responsible. The Department of Education Hanafin): The information requested is not read- and Science does not hold information on individ- ily available in my Department. However, I will ual consultancy contracts awarded by the arrange for the information to be forwarded to institutes of technology or by the council of direc- the Deputy as soon as possible. tors of the institutes of technology.

Special Educational Needs. Building Contracts. 454. Ms Enright asked the Minister for Edu- 456. Ms Enright asked the Minister for Edu- cation and Science the number of premises used cation and Science the building contracts by the special educational needs officers through- awarded by all institutes of technology since 2000; out the State; the cost of acquisition, running or the amount expended on each contract; the com- refurbishment associated with each of these pany to which each contract was awarded; and if premises; and if she will make a statement on the she will make a statement on the matter. matter. [27821/05] [27823/05] Minister for Education and Science (Ms Hanafin): I take it the Deputy is referring to Minister for Education and Science (Ms special educational needs organisers. Hanafin): The information requested by the Special educational needs organisers are Deputy is being collated within my Department employed by the National Council for Special and will be forwarded to the Deputy as soon as Education which is an independent statutory possible. agency established under the Education for Per- sons with Special Educational Needs Act 2004. Question No. 457 answered with Question Special educational needs organisers are No. 455. 725 Questions— 11 October 2005. Written Answers 726

Residential Institutions Redress. again that these figures are likely to change as the school year progresses. 458. Mr. Crowe asked the Minister for Edu- cation and Science the reason a unit (details supplied) will not be included in those institutions Special Educational Needs. earmarked for redress under the Residential 460. Mr. Stagg asked the Minister for Edu- Institutions Redress Act 2002. [27850/05] cation and Science if a suitable assessment will be arranged for a person (details supplied) in Minister for Education and Science (Ms County Meath; and if she will make a statement Hanafin): Section 4 of the Residential Institutions on the matter. [27858/05] Redress Act 2002 provides that in order for an institution to be considered for inclusion in the Minister for Education and Science (Ms Schedule to the Act, the facility must have been Hanafin): There are two types of assessment subject to regulation or inspection by a public which could arise under my Department’s remit body. in a case of this nature — an assessment by the Officials of my Department consulted with the National Educational Psychological Service Department of Health and Children regarding (NEPS), or an assessment of needs by the the unit referred to by the Deputy so that records National Council for Special Education. The held at that Department and its agencies could be school attended by the pupil in question has an examined. My Department has received a assigned NEPS psychologist. I understand that response from the Department of Health and the school principal has already discussed the Children stating that it does not have any records pupil’s needs with the NEPS psychologist on a which indicate that a public body had a regulatory number of occasions. The principal has not or inspection function regarding this unit. As a requested a formal psychological assessment by consequence it is not possible to give further con- NEPS. This was not considered necessary as pre- sideration to the placement of this unit on the vious psychological reports were already to hand. schedule. The NEPS psychologist remains available to advise the school further in regard to managing School Transport. behaviour within the school. The National Council for Special Education, 459. Mr. Crowe asked the Minister for Edu- NCSE, has been established as an independent cation and Science the meaning of a phrase statutory body with responsibilities as set out in (details supplied). [27851/05] the National Council for Special Education (Establishment) Order 2005. Minister for Education and Science (Ms Since 1 January 2005 the NCSE through local Hanafin): It is difficult to give the precise number special educational needs organisers, SENOs, is of applicants for catchment boundary or con- responsible for processing resource applications cessionary transport who failed to secure a place for children with special educational needs. for a number of reasons. In the first instance, a Where a pupil with special educational needs is large number of families do not submit remit- enrolled in a post-primary school, it is open to the tances until very shortly before, or even after the school to apply to the local SENO for additional new school year is under way. In addition, a large teaching support and/or special needs assistant number of new applications on behalf of eligible support for the pupil. children, catchment boundary children and con- cessionary children have been received since the school year began, and these are currently being Youthreach Programme. processed. 461. Ms Enright asked the Minister for Edu- The position with regard to available seats is cation and Science if she will allow a Youthreach changing on a daily basis, according as arrange- service to be set up in Birr, County Offaly; the ments are being put in place to accommodate reason for the delay in making a decision on the fresh applications and as remittances are matter; if all necessary information to enable a received. In addition, some primary schools are decision is available to her; and if she will make returning, for cancellation, unused tickets that a statement on the matter. [27900/05] were originally issued to fully eligible children but were subsequently not needed. This has in turn Minister for Education and Science (Ms released seats for reallocation. Tickets are still in Hanafin): At present, the Department has the process of being returned. approved 109 training places in County Offaly. Bus E´ ireann, which operates school transport The vocational education committee has allo- services on my Department’s behalf, expects to cated the places under the Youthreach and senior have some overall data by the end of this month traveller training programmes for early school or early next month and these will be forwarded leavers. These places are distributed by the Count to the Deputy. However, I should emphasise Offaly VEC as follows: Youthreach has 25 places 727 Questions— 11 October 2005. Written Answers 728

[Ms Hanafin.] The rules for allocating teaching resources in Clara and 25 places in Edenderry; Traveller provide that where a school management auth- training has 35 places in Tullamore and 24 in Birr. ority is unable to meet its curricular commitments In addition, there are 35 Youthreach training within its approved allocation, my Department places approved in Roscrea which is some 12 will consider applications for additional short miles distant from Birr. Training, travel and meal term support. The school referred to by the allowances are payable, as necessary, to partici- Deputy operates under the auspices of County pants. My Department has no plans to approve Tipperary South Riding Vocational Education funding for a new Youthreach centre in Birr, Committee or VEC. This authority applied for County Offaly. curricular concessions for the 2005-06 school year and, following consideration of the application, Departmental Agencies. my Department granted 5.63 wholetime equiv- alent teacher posts. An independent appeals com- 462. Mr. Gregory asked the Minister for Edu- mittee is available to school authorities who wish cation and Science when a chairperson will be to appeal the adequacy of their allocations. The appointed for the Grangegorman Development VEC appealed to this committee and has also Agency; and if she will make a statement on the been granted 1.50 wholetime equivalent posts. matter. [27920/05] The committee operates independently of my Department and its decisions are final. Minister for Education and Science (Ms Hanafin): Grangegorman is a unique site and is Special Educational Needs. of strategic importance in the context of Dublin as a whole and to the north inner city in part- 464. Mr. Crawford asked the Minister for Edu- icular. The principal functions of the Grange- cation and Science the number of additional gorman Development Agency include, inter alia, resource and remedial teachers which were in the promotion of the Grangegorman site as a place on 1 October 2005 as against the 1 October location for education, health and other facilities, 2004; if she has satisfied herself that the needs of the co-ordination of the development or re- small rural school are being catered for taking development of the site, engagement in the plan- into account the actual needs of the school based ning process, deciding on the appropriate pro- on independent assessment rather than just the curement strategy, arranging an appropriate com- number of pupils on the roll; and if she will make munication strategy and consultation with a statement on the matter. [27936/05] stakeholders and relevant interested third parties. I expect to be in a position to announce a chair- Minister for Education and Science (Ms man for the Grangegorman Development Hanafin): The Deputy will be aware that the allo- Agency in the near future. cation of resource teaching hours to schools to meet the needs of children with low incidence School Staffing. special needs is based on the individually assessed needs of these pupils. Hours are sanctioned for 463. Mr. Hayes asked the Minister for Edu- these children by the local special educational cation and Science the position regarding the needs organiser who then informs my Depart- accommodation and staffing needs at a school ment of the allocations. As many additional allo- (details supplied) in County Tipperary. cations will have been made recently and staffing [27935/05] allocations are still being finalised, my Depart- ment in consultation with the National Council Minister for Education and Science (Ms for Special Education will be in a position to sup- Hanafin): An application for additional accom- ply up to date figures to the Deputy as soon as modation for September 2005 was received from possible. the school to which the Deputy refers. This appli- There are now more than 5,000 teachers in our cation was unsuccessful as the school is accommo- primary schools working directly with children dated in a mainstream post-primary school in with special needs, including those requiring which enrolments have fallen. Therefore, it was learning support. This compares with fewer than considered that appropriate accommodation was 1,500 in 1998. One out of every five primary available for use by the school in question. school teachers is now working specifically with With regard to the issue of teaching resources, children with special needs. teacher allocations to second level schools are As the Deputy is aware, my Department approved annually by my Department in accord- announced the introduction of the new general ance with established rules based on recognised allocation system last May with a view to it being pupil enrolment. Each school management auth- implemented in all primary schools with effect ority must organise its teaching timetable and from the start of the current school year. The subject options having regard to pupils needs general allocation scheme is designed to ensure within the limit of its approved teacher allocation. that each school has enough resource teaching 729 Questions— 11 October 2005. Written Answers 730 hours to meet the needs of children with high regard to the next steps involved in progressing incidence special needs, such as dyslexia and chil- this building project. dren with learning support needs. Resource teaching hours for children with low incidence Special Educational Needs. special needs, such as hearing impairment, will continue to be provided on the basis of an indi- 466. Mr. Hayes asked the Minister for Edu- vidual application for each child. cation and Science the position regarding dyslexia Addressing the concerns of small and rural and resource services for a school (details schools was among the reasons I initiated a supplied) in County Tipperary. [27941/05] review of the general allocation model as orig- inally announced. Following this review, a special Minister for Education and Science (Ms improved ratio for small schools has been intro- Hanafin): As the Deputy is aware, a new general duced to ensure that they are given resource allocation scheme has been announced under teaching hours on a more favourable basis. which schools have been provided with learning My Department has recently issued a compre- support-resource teaching, LS-RT hours, based hensive circular, Sp Ed 02/05, to all primary on their enrolment figures, to cater for pupils schools regarding the organisation of teaching with high incidence special educational needs resources for pupils who need additional support such as dyslexia and those with learning support in mainstream primary schools. The main pur- needs. According to my Department’s records, pose of this circular is to provide guidance for the general allocation for the school in question schools on the deployment and organisation of is one full-time permanent teaching post and five the teaching resources that were allocated under part-time hours. The school has combined its part-time hours with hours for individual pupils the general allocation model. Reference is also with low incidence special needs. Consequently, made in this circular to the deployment of the school has three full-time teaching posts to additional teaching resources that are allocated to cater for the special educational needs of its schools for the support of individual pupils with pupils. low incidence disabilities. The general allocation scheme is designed to In introducing the general allocation system, ensure that each school has enough resource transitional arrangements were also introduced teaching hours to meet the needs of children with whereby transitional hours would be given to high incidence special needs, such as dyslexia and schools to cater for children that had previously children with learning support needs. Resource been allocated individual teaching resources but teaching hours for children with low incidence which it would not be possible for the school to special needs, such as hearing impairment, will provide under their allocation under the general continue to be provided on the basis of an indi- allocation model. In the circumstances no child vidual application for each child. should have experienced a loss of resource teach- It is a matter for each school to determine the ing hours. pupils with high incidence special education and I am satisfied at this stage that the general allo- learning support needs that will receive this sup- cation system is working well in schools and has port. Each school has been allocated enough been generally favourably received by schools. resource teaching hours to provide its pupils with My Department will continue to work with a level of support appropriate to their needs. schools and the education partners with a view to The school can use its professional judgement ensuring that this remains the case going forward. to decide how these hours are divided between different children in the school to ensure that all Schools Building Projects. their needs are met. Research shows that some children with special needs will respond better 465. Mr. Crawford asked the Minister for Edu- with one-to-one tuition. Others, however, do cation and Science the position regarding the pro- better when taught in small groups. Often it is gress being made towards the restoration and best for resource teachers to work with children extension of a school (details supplied) in County in the classroom rather than taking them away to Monaghan; and if she will make a statement on a separate room as the children then have to the matter. [27937/05] catch up work done by the rest of the class in their absence. The point is that the type of Minister for Education and Science (Ms response needed depends on the child. Hanafin): The building project for the school My Department has recently issued a compre- referred to by the Deputy is at an early stage of hensive circular, Sp Ed 02/05, to all primary architectural planning. My officials are in the pro- schools regarding the organisation of teaching cess of examining a recently received stage 1 sub- resources for pupils who need additional support mission, which is for site suitability and site analy- in mainstream primary schools. The main pur- sis and, when this examination is completed, will pose of this circular is to provide guidance for be in contact with the school authority with schools on the deployment and organisation of 731 Questions— 11 October 2005. Written Answers 732

[Ms Hanafin.] 472. Mr. Durkan asked the Minister for Edu- the teaching resources that were allocated under cation and Science the extent to which the the general allocation model. Reference is also present accommodation is sufficient to meet cur- made in this circular to the deployment of rent and projected requirements in respect of all additional teaching resources that are allocated to primary and post-primary schools in Kilcock, schools for the support of individual pupils with County Kildare; her plans to meet these require- low incidence disabilities. ments in the future; the extent to which she has evaluated the population increase to determine these requirements; and if she will make a state- Schools Building Projects. ment on the matter. [27955/05] 467. Mr. Durkan asked the Minister for Edu- cation and Science if, in respect of a school 484. Mr. Durkan asked the Minister for Edu- (details supplied) in Celbridge, County Kildare, cation and Science if she has satisfied herself she has received the necessary response from the regarding the adequacy of the accommodation at school authorities with a view to meeting require- a school (details supplied) in County Kildare hav- ments to make the necessary provisions as orig- ing regard to demographic trends and the need inally requested by the authorities; and if she will for adequate forward planning to ensure that the make a statement on the matter. [27950/05] necessary steps are takin in time with a view to the elimination of the use of temporary accom- modation in the future; and if she will make a Minister for Education and Science (Ms statement on the matter. [27967/05] Hanafin): I am pleased to inform the Deputy that a new eight-classroom school was delivered for Minister for Education and Science (Ms the north Kildare school project in 2003. My Hanafin): I propose to take Questions Nos. 468, Department does not have an application from 469, 471, 472 and 484 together. the school for any extra facilities. As the Deputy may be aware, following wide- spread local consultation, my Department School Accommodation. recently published an area development plan for the N4-M4 corridor. This plan outlines my 468. Mr. Durkan asked the Minister for Edu- Department’s long-term educational strategy at cation and Science the extent to which the both primary and post-primary level for the Cel- present accommodation is sufficient to meet cur- bridge, Maynooth, Leixlip, Kilcock and Straffan rent and projected requirements in respect of all areas. The recommendations in the plan are being primary and post-primary schools in Celbridge, considered in the context of the school building County Kildare; her plans to meet these require- and modernisation programme from 2006 ments in the future; the extent to which she has onwards subject to the prioritisation criteria for evaluated the population increase to determine large-scale building projects. these requirements; and if she will make a state- ment on the matter. [27951/05] 470. Mr. Durkan asked the Minister for Edu- cation and Science the extent to which the 469. Mr. Durkan asked the Minister for Edu- present accommodation is sufficient to meet cur- cation and Science the extent to which the rent and projected requirements in respect of all present accommodation is sufficient to meet cur- primary and post-primary schools in Naas, rent and projected requirements in respect of all County Kildare; her plans to meet these require- primary and post-primary schools in Maynooth, ments in the future; the extent to which she has County Kildare; her plans to meet these require- evaluated the population increase to determine ments in the future; the extent to which she has these requirements; and if she will make a state- evaluated the population increase to determine ment on the matter. [27953/05] these requirements; and if she will make a state- 473. Mr. Durkan asked the Minister for Edu- ment on the matter. [27952/05] cation and Science the extent to which the present accommodation is sufficient to meet cur- 471. Mr. Durkan asked the Minister for Edu- rent and projected requirements in respect of all cation and Science the extent to which the primary and post-primary schools in Clane, present accommodation is sufficient to meet cur- County Kildare; her plans to meet these require- rent and projected requirements in respect of all ments in the future; the extent to which she has primary and post-primary schools in Leixlip, evaluated the population increase to determine County Kildare; her plans to meet these require- these requirements; and if she will make a state- ments in the future; the extent to which she has ment on the matter. [27956/05] evaluated the population increase to determine these requirements; and if she will make a state- 474. Mr. Durkan asked the Minister for Edu- ment on the matter. [27954/05] cation and Science the extent to which the 733 Questions— 11 October 2005. Written Answers 734 present accommodation is sufficient to meet cur- particular, will assist in easing any difficulties for rent and projected requirements in respect of all primary pupil places that may exist in Naas. primary and post-primary schools in Prosperous, Additionally, there are proposals to improve County Kildare; her plans to meet these require- accommodation at St. David’s national school ments in the future; the extent to which she has and Two Mile House national school. The accom- evaluated the population increase to determine modation needs of the national schools at Bally- these requirements; and if she will make a state- cane, Caragh and Convent of Mercy in Naas are ment on the matter. [27957/05] also being assessed. At post-primary level, the management auth- 498. Mr. Durkan asked the Minister for Edu- ority of St. Patrick’s post-primary school, County cation and Science her plans to meet all primary, Kildare VEC, is progressing plans to re-locate the second level school place requirements in the school and extend capacity to 1,000 pupils. Naas, Sallins and Kill areas of County Kildare; Additionally, an extension project is under con- the timescale involved; and if she will make a struction at St. Mary’s College which will increase statement on the matter. [27982/05] capacity at the school to 900 pupils. A similar extension is under construction at Meanscoil Iog- Minister for Education and Science (Ms naid Rı´s and further accommodation needs at the Hanafin): I propose to take Questions Nos. 470, school are in planning. 473, 474 and 498 together. All these initiatives represent huge capital I am aware that Clane, Prosperous, Sallins, investment and demonstrate my commitment to Naas and Kill, like many areas located within meeting the needs of the areas concerned. The close proximity to Dublin, continue to experience school planning section of my Department will population growth, a position that almost inevit- keep the position under review to ensure that any ably places some strain on existing educational additional emerging needs are met as provision. However, a range of significant expeditiously as possible. measures has been undertaken by my Depart- ment to address the current and future need for Questions Nos. 471 and 472 answered with pupil places in these areas. Question No. 468. St. Patrick’s boys national school, Clane, received \100,000, from my Department, under Questions No. 473 and 474 answered with Ques- the permanent initiative, to facilitate increasing tion No. 470. numbers, in 2003. At post-primary level Scoil Mhuire Community School, Clane, received Schools Building Projects. \148,963 under the summer works scheme to improve the integrity of its building. 475. Mr. Durkan asked the Minister for Edu- A major building project is under construction cation and Science the progress in the past six at Scoil an Linbh I´osa, Prosperous, which is due months with regard to the identification of a site to be completed in the first quarter of 2006. Also, and provision of a new primary school at Kill, tenders are being sought for the provision of a County Kildare; the precise stage of the nego- major extension at St. Farnan’s post-primary tiations; if these issues will be concluded in the school. near future in view of the precarious and unsafe At primary level, an entire new school has been location of the existing school which is located provided at Killashee while temporary accommo- adjacent to major road works with obvious health dation has been provided at Scoil Corbain, St. and safety implications; and if she will make a Conleth’s and St. Mary’s national school and St. statement on the matter. [27958/05] Conleth’s Naofa in Naas. Temporary accommo- dation has also been provided at one of the two Minister for Education and Science (Ms nearby national schools at Caragh. In addition Hanafin): The property management section of approval has been given to St. Corban’s and the Office of Public Works, which acts on behalf Gaelscoil Na´s na Riogh in Naas, Scoil Naomh of the Department of Education and Science Brighde, Kill, Kilashee and Caragh national regarding site acquisitions generally, is continu- schools for additional accommodation for ing, in consultation with the local authority, to September 2005. explore all possibilities in relation to the acquis- At Sallins national school, a seven classrooms ition of a site for a new national school in Kill. extension is under construction. When com- Every effort is being made to ensure that a site is pleted, this extension will increase capacity from acquired as soon as possible. nine classrooms to 16. An extension to bring the school up to 24 classrooms will commence archi- 476. Mr. Durkan asked the Minister for Edu- tectural planning this year. cation and Science if she has satisfied herself A brand new state of the art 16-classroom regarding the adequacy of the accommodation at school together with a double autistic unit is a school (details supplied) in County Kildare hav- under construction in Naas town. This project, in ing regard to demographic trends and the need 735 Questions— 11 October 2005. Written Answers 736

[Mr. Durkan.] modation in the future; and if she will make a for adequate forward planning to ensure that the statement on the matter. [27963/05] necessary steps are taken in time with a view to the elimination of the use of temporary accom- 481. Mr. Durkan asked the Minister for Edu- modation in the future; and if she will make a cation and Science if she has satisfied herself statement on the matter. [27959/05] regarding the adequacy of the accommodation at a school (details supplied) in County Kildare hav- ing regard to demographic trends and the need Minister for Education and Science (Ms for adequate forward planning to ensure that the Hanafin): I am pleased to inform the Deputy that necessary steps are taken in time with a view to a new eight-classroom building for the school in the elimination of the use of temporary accom- question has just been completed. My Depart- modation in the future; and if she will make a ment has no request for any additional facilities statement on the matter. [27964/05] for this school. 483. Mr. Durkan asked the Minister for Edu- School Accommodation. cation and Science if she has satisfied herself regarding the adequacy of the accommodation at 477. Mr. Durkan asked the Minister for Edu- a school (details supplied) in County Kildare hav- cation and Science if he has satisfied herself ing regard to demographic trends and the need regarding the adequacy of the accommodation at for adequate forward planning to ensure that the a school (details supplied) in County Kildare hav- necessary steps are taken in time with a view to ing regard to demographic trends and the need the elimination of the use of temporary accom- for adequate forward planning to ensure that the modation in the future; and if she will make a necessary steps are taken in time with a view to statement on the matter. [27966/05] the elimination of the use of temporary accom- modation in the future; and if she will make a 490. Mr. Durkan asked the Minister for Edu- statement on the matter. [27960/05] cation and Science her plans to meet the accom- modation requirements as set out by the school Minister for Education and Science (Ms authorities at a school (details supplied) in Hanafin): As part of the expansion of the County Kildare; when the project will proceed; devolved scheme for primary school building and if she will make a statement on the works, a grant of \250,000 was sanctioned to matter. [27973/05] enable the management authorities of the school in question to provide additional accommodation. Minister for Education and Science (Ms The initiative allows boards of management to Hanafin): I propose to take Questions Nos. 478, address their accommodation and building priori- 480, 481, 483 and 490 together. ties with a guaranteed amount of funding and The school planning section of my Department gives boards of management control of the build- is in receipt of applications for major capital fund- ing project. It is my understanding that the board ing from the management authorities of the of management is in the process of obtaining schools to which the Deputy refers. The appli- planning permission and expects that the project cations have been assessed in accordance with the will be on site by March 2006. My Department published prioritisation criteria for large-scale has no request for any further facilities for this projects. Progress on the proposed works is being school. considered in the context of the school building and modernisation programme from 2006 478. Mr. Durkan asked the Minister for Edu- onwards. cation and Science if she has satisfied herself regarding the adequacy of the accommodation at 479. Mr. Durkan asked the Minister for Edu- a school (details supplied) in County Kildare hav- cation and Science if she has satisfied herself ing regard to demographic trends and the need regarding the adequacy of the accommodation at for adequate forward planning to ensure that the a school (details supplied) in County Kildare hav- ing regard to demographic trends and the need necessary steps are taken in time with a view to for adequate forward planning to ensure that the the elimination of the use of temporary accom- necessary steps are taken in time with a view to modation in the future; and if she will make a the elimination of the use of temporary accom- statement on the matter. [27961/05] modation in the future; and if she will make a statement on the matter. [27962/05] 480. Mr. Durkan asked the Minister for Edu- cation and Science if she has satisfied herself Minister for Education and Science (Ms regarding the adequacy of the accommodation at Hanafin): My Department has not received an a school (details supplied) in County Kildare hav- application from the school in question for any ing regard to demographic trends and the need additional accommodation. for adequate forward planning to ensure that the necessary steps are taken in time with a view to Questions Nos. 480 and 481 answered with the elimination of the use of temporary accom- Question No. 478. 737 Questions— 11 October 2005. Written Answers 738

School Accommodation. adequacy of the accommodation at a school (details supplied) in County Kildare having 482. Mr. Durkan asked the Minister for Edu- cation and Science if she has satisfied herself regard to demographic trends and the need for regarding the adequacy of the accommodation at adequate forward planning to ensure that the a school (details supplied) in County Kildare hav- necessary steps are taken in time with a view to ing regard to demographic trends and the need the elimination of the use of temporary accom- for adequate forward planning to ensure that the modation in the future; and if she will make a necessary steps are taken in time with a view to statement on the matter. [27970/05] the elimination of the use of temporary accom- modation in the future; and if she will make a Minister for Education and Science (Ms statement on the matter. [27965/05] Hanafin): Construction work is well underway on an extension to the school in question. The exten- Minister for Education and Science (Ms sion is scheduled for completion in the first quar- Hanafin): My Department has not received an ter of 2006. application from the school in question for any additional accommodation. 488. Mr. Durkan asked the Minister for Edu- cation and Science if she is satisfied with the Question No. 483 answered with Question adequacy of the accommodation at a school No. 478. (details supplied) in County Kildare having regard to demographic trends and the need for Question No. 484 answered with Question adequate forward planning to ensure that the No. 468. necessary steps are taken in time with a view to the elimination of the use of temporary accom- 485. Mr. Durkan asked the Minister for Edu- modation in the future; and if she will make a cation and Science if she is satisfied with the statement on the matter. [27971/05] adequacy of the accommodation at a school (details supplied) in County Kildare having part- Minister for Education and Science (Ms icular regard to demographic trends and the need Hanafin): My Department has not received an for adequate forward planning to ensure that the application from the school in question for any necessary steps are taken in time with a view to additional accommodation. the elimination of the use of temporary accom- modation in the future; and if she will make a 489. Mr. Durkan asked the Minister for Edu- statement on the matter. [27968/05] cation and Science if she is satisfied with the Minister for Education and Science (Ms adequacy of the accommodation at a school Hanafin): Construction of a seven classroom (details supplied) in County Kildare having extension at the school in question has just been regard to demographic trends and the needs for completed giving the school 16 permanent adequate forward planning to ensure that the classrooms. Plans are underway for a further necessary steps are taken in time with a view to eight classroom extension. The design team has the elimination of the use of temporary accom- been appointed and architectural planning has modation in the future; and if she will make a commenced. statement on the matter. [27972/05]

486. Mr. Durkan asked the Minister for Edu- Minister for Education and Science (Ms cation and Science if she is satisfied with the Hanafin): My Department has not received an adequacy of the accommodation at a school application from the school in question for any (details supplied) in County Kildare having additional accommodation. regard to demographic trends and the need for adequate forward planning to ensure that the Question No. 490 answered with Question necessary steps are taken in time with a view to No. 478. the elimination of the use of temporary accom- modation in the future; and if she will make a Special Educational Needs. statement on the matter. [27969/05] 491. Mr. Durkan asked the Minister for Edu- Minister for Education and Science (Ms cation and Science the extent to which speech and Hanafin): Construction of an extension at the language requirements have been assessed or school in question will be completed shortly. My determined in respect of each national school in Department has no request for any additional north Kildare; the extent to which such require- facilities for this school. ments are being met; her plans to meet such requirements in the near future; the extent to 487. Mr. Durkan asked the Minister for Edu- which her proposals meet the needs of the chil- cation and Science if she is satisfied with the dren or as set out by the school authorities; and 739 Questions— 11 October 2005. Written Answers 740

[Mr. Durkan.] Children with more severe disabilities are cat- if she will make a statement on the matter. ered for in special schools which are dedicated to [27974/05] particular disability groups. There are three special schools in operation in County Kildare at Minister for Education and Science (Ms present catering for approximately 157 pupils Hanafin): The issues raised in the question are a with special needs with a pupil-teacher ratio rang- matter for my colleague, the Ta´naiste and Mini- ing form 6:1 to 11:1. These schools cater for pupils ster for Health and Children. from four to 18 years of age and each school enjoys a significantly reduced pupil teacher ratio 492. Mr. Durkan asked the Minister for Edu- and other staffing supports. Additional special cation and Science the full extent of the current needs assistant support is provided if deemed need in respect of remedial, resource or other necessary. Special schools also receive increased special needs teachers at all primary and second rates of capitation funding. level schools throughout County Kildare; her pro- posals to approve the necessary staff increases to In addition to these schools, I can confirm that meet this need; and if she will make a statement the following special needs provision in County on the matter. [27975/05] Kildare has been sanctioned by my Department to cater for the special educational needs, SEN, of 493. Mr. Durkan asked the Minister for Edu- primary school pupils: 11 special classes for pupils cation and Science the number of special needs with autism at a pupil-teacher ratio of 6:1; five teachers currently appointed to various schools special classes for pupils with mild general learn- throughout County Kildare; the number still ing disabilities at a pupil-teacher ratio of 11:1; one required as identified by the various school auth- special class for pupils with moderate general orities; her proposals to make the necessary learning disabilities at a pupil-teacher ratio of 8:1. appointments to meet these requirements at an All special classes attached to ordinary main- early date; and if she will make a statement on stream schools enjoy the same increased levels of the matter. [27976/05] staffing and funding as are made available to the special schools. Children with special educational 494. Mr. Durkan asked the Minister for Edu- needs attending special classes attached to ordi- cation and Science the number of special needs nary schools may, where appropriate, be inte- assistants approved or appointed to various grated into ordinary classes for periods of the schools throughout County Kildare; the school day and, in that way, benefit from being additional number required; her proposals to able to socialise with their non-disabled peers. My meet this requirement in full at an early date; and Department also provides funding for the Sap- if she will make a statement on the matter. lings Project, a facility sanctioned on a pilot basis [27977/05] which uses applied behavioural analysis method- ologies for children with autism. There are Minister for Education and Science (Ms Hanafin): I propose to take Questions Nos. 492 approximately 30 children enrolled in the facility. to 494, inclusive, together. While children are awaiting a suitable edu- As the Deputy is aware, my Department cational placement, my Department may sanction announced the new general allocation system of home tuition as an interim measure, if appro- teaching resources last May with a view to it priate. At second level, there are approximately being implemented in all primary schools with 94 whole time equivalent teachers in place in effect from the start of the current school year. County Kildare to support pupils with special The general allocation scheme is designed to educational needs. ensure that each school has enough resource At this stage there are approximately 299 teaching hours to meet the needs of children with whole time equivalent special needs assistants, high incidence special needs, such as dyslexia, and SNAs, in primary and second level schools in children with learning support needs. Resource County Kildare supporting children with special teaching hours for children with low incidence needs. The National Council for Special Edu- special needs will continue to be provided on the cation, through its network of locally based basis of an individual application for each child. special education needs organisers, is responsible I am satisfied at this stage that the general allo- for processing any applications for additional cation system is working well in schools and that special educational needs, SEN, resources. I am every effort is being made to ensure that children confident that the advent of the National Council with special educational needs receive an edu- for Special Education, NCSE, will prove of major cation appropriate to their needs and, in this benefit in ensuring that all children with special regard, in recent years significant additional educational needs, including those in County resources have been made available to schools to enable them to provide for children with such Kildare, receive the support they require when needs. and where they require it. 741 Questions— 11 October 2005. Written Answers 742

Pupil-Teacher Ratio. information requested by the Deputy is not avail- able in my Department. 495. Mr. Durkan asked the Minister for Edu- cation and Science the action she will take to However, I can assure the Deputy that I am address the issue of pupil-teacher ratios in acutely aware of the issue of bullying in schools primary schools throughout County Kildare and my Department has in place a multi-faceted which currently have pupil-teacher ratios higher strategy to tackle the issue. The education of than the national average; and if she will make a students in both primary and post-primary statement on the matter. [27978/05] schools about anti-bullying behaviour is a central part of the social, personal and health education, Minister for Education and Science (Ms SPHE, curriculum. SPHE is now a compulsory Hanafin): Significant improvements have been subject both at primary level and in the junior made in the pupil teacher ratio in recent years. cycle of post-primary schools. The SPHE curricu- The pupil teacher ratio, which includes all the lum provides for the development of personal teachers including resource teachers, has fallen and social skills, including self awareness, respect from 22.2:1 in the 1996-97 school year to 17.1:1, for others, self-esteem and communication skills, projected, in 2004-05. Over 4,500 additional all of which are important elements in addressing teachers have been employed in our primary the issue of bullying. In primary education, the schools since 1997. In allocating teaching posts issue of bullying is addressed in the SPHE cur- regard has been had to the commitments of the riculum in the strand “Myself and Others” from Government to reduce class size, tackle edu- infant classes. In second level education, the issue cational disadvantage and to provide additional of bullying is addressed from first year in the resources for pupils with special educational SPHE curriculum at junior cycle, in the module needs. The additional teaching posts created since on “Belonging and Integrating”. 1997 have been deployed to address these My Department, in its guidelines on countering priorities. bullying behaviour in schools, has provided a With regard to providing for children with national framework within which individual special educational needs, there are now over school management authorities may meet their 5,000 teachers in our primary schools working responsibilities for implementing effective school directly with children with special needs, includ- based policies to counter bullying. These guide- ing those requiring learning support. This com- lines were drawn up following consultation with pares to under 1,500 in 1998. Indeed, one out of representatives of school management, teachers every five primary school teachers is now working and parents and are sufficiently flexible to allow specifically with children with special needs. each school authority to adapt them to suit the The Deputy will be aware of the new action particular needs of the school. Each school is plan for educational inclusion, DEIS, delivering required to have in place a policy which includes equality of opportunity in schools, which I specific measures to deal with bullying behaviour, launched recently. This action plan will result in within the framework of an overall school code the reduction in class sizes of 24:1 at senior level of behaviour and discipline. Such a code, properly and 20:1 at junior level in 150 primary schools devised and implemented, can be the most influ- serving communities with the highest concen- ential measure in countering bullying behaviour trations of disadvantage. In line with the commit- in schools. ment in the programme for Government, class The school development planning initiative sizes will be reduced still further. The deployment plays an important role in supporting schools to of additional posts will be decided within the con- raise awareness of the need for anti-bullying text of the overall policy that priority will be measures. In addition, my Department funds a given to pupils with special needs, those from number of support services and pilot initiatives disadvantaged areas and junior classes. which provide direct assistance to schools in deal- ing with the issue of bullying. Bullying in Schools. Psychological Service. 496. Mr. Durkan asked the Minister for Edu- cation and Science the number of incidents of 497. Mr. Durkan asked the Minister for Edu- school bullying reported at primary and post- cation and Science the requirement and the avail- primary level throughout the country in each of ability of child psychological services at primary the past five years; the action taken or proposed and second level schools throughout County to combat the problem; and if she will make a Kildare; and if she will make a statement on the statement on the matter. [27979/05] matter. [27981/05]

Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): Individual school management auth- Hanafin): All schools in County Kildare have orities are not required to report to my Depart- access to psychological assessments for their ment on incidences of bullying. Therefore, the pupils, either through the National Educational 743 Questions— 11 October 2005. Written Answers 744

[Ms Hanafin.] as important prerequisites for lifelong learning Psychological Service, NEPS, service directly or and for social and economic participation. through the scheme for commissioning psycho- The special initiative and the national action logical assessments, SCPA. At present, the plan focus on putting in place a range of measures detailed position in County Kildare is as follows. to prevent and ameliorate literacy difficulties. These measures include systematically monitor- County Kildare Schools With access to With access to ing literacy attainment levels both in schools and NEPS Service SCPA service among adults; ensuring that pupils with serious literacy difficulties in disadvantaged primary Primary 39 61 schools are supported in improving their attain- Post-primary 25 4 ment levels and providing opportunities for adult learners, particularly in the area of literacy. Total 64 65 The new action plan for educational inclusion, DEIS, delivering equality of opportunity in Schools that do not currently have NEPS psychol- schools, which I launched in May, aims to ensure ogists assigned to them may avail of the scheme that the educational needs of children and young for commissioning psychological assessments, people from disadvantaged communities are SCPA, whereby the school can have an assess- prioritised and effectively addressed. The plan ment carried out by a member of a panel of provides for a standardised system for identifying private psychologists approved by NEPS, and levels of disadvantage and a new integrated NEPS will pay the psychologist the fees for this school support programme, SSP. The school sup- assessment directly. Details of this process, and port programme will bring together a number of the conditions that apply to the scheme, are avail- existing interventions in schools with a concen- able on my Department’s website. NEPS also trated level of disadvantage and build upon them. provides assistance to all schools that suffer from Approximately 600 primary schools and 150 critical incidents, regardless of whether they have second level schools will be included in it. The a NEPS psychologist assigned to them. The new action plan will be introduced on a phased number of NEPS psychologists has increased basis, starting during the current school year. It almost three fold from 43 on establishment to 124 will involve an additional annual investment of at present. \40 million on full implementation. It will also On behalf of my Department, the Public involve the provision of some 300 additional posts Appointments Service has recently conducted a across the education system. recruitment competition for the appointment of A key underlying principle of DEIS is that of educational psychologists to NEPS, with recruit- early intervention. It will focus on identifying ment being targeted in such a way as to increase children who are having difficulty with reading the numbers of NEPS psychologists in priority and writing at an early stage and assisting them areas. Any increase in the number of psychol- before their problems become entrenched. In ogists in NEPS must take account of Government implementing the action plan a number of policy on public sector numbers. measures will be rolled out to tackle literacy problems in schools serving disadvantaged com- Question No. 498 answered with Question munities. These measures will include a new No. 470. advisory service at primary level; more access to initiatives such as reading recovery and first steps; Literacy Levels. targeted extension of the demonstration library project at second level; a new family literacy pro- 499. Mr. Durkan asked the Minister for Edu- ject; targeted early childhood education provision cation and Science her plans to address the issue for 150 urban/town school communities; of literacy here; and if she will make a statement maximum class sizes of 20:1 in junior classes and on the matter. [27983/05] 24:1 in senior classes in the 150 urban/town primary schools with the highest concentrations Minister for Education and Science (Ms of disadvantage; interventions to enhance student Hanafin): The Government’s commitment to attendance, educational progression, retention achieving the highest possible standards of liter- and attainment. acy both for those in school and for adults of all Central to the success of the action plan will ages is reflected in the social partnership agree- be increased emphasis on planning at school and ment, Sustaining Progress. This contains a special school cluster level. There will be a strong focus initiative on “Tackling Educational Disadvantage on target setting and the measurement of pro- — Literacy, Numeracy and Early School Leav- gress and outcomes to ensure that the increased ers”. Its commitment is also evident in the investment is matched by an improvement in edu- National Action Plan against Poverty and Social cational outcomes for the children and young Exclusion 2003-05. Both the special initiative and people concerned. the national action plan recognise literacy skills 745 Questions— 11 October 2005. Written Answers 746

My Department continues to support an priate, and will at the end of the process outline expanding range of programmes and initiatives the basis on which the decision was made. for adults who are experiencing literacy diffi- I am confident that the advent of the NCSE culties. In 2004, \29.2 million was spent on adult will prove of major benefit in ensuring that all literacy and community education services which children with special educational needs, including were availed of by over 33,000 clients. This rep- those in the areas referred to by the Deputy, resents a significant increase from 1997 when receive the support they require, when and where funding of \1 million was provided to cater for they require it. 5,000 adults. 504. Mr. Curran asked the Minister for Edu- cation and Science the position regarding a school Special Educational Needs. (details supplied) in County Dublin with specific 500. Mr. Curran asked the Minister for Edu- details on the autistic unit within the school; the cation and Science the number of learning number of teachers who are employed in the resource teachers in Lucan over the period 2002, autistic unit; the resources which have been allo- 2003, 2004 and 2005. [27984/05] cated and the number of pupils benefiting from the autistic unit. [27988/05] 501. Mr. Curran asked the Minister for Edu- cation and Science the number of learning Minister for Education and Science (Ms resource teachers in Clondalkin over the period Hanafin): The school in question has two special 2002, 2003, 2004 and 2005. [27985/05] classes for autism with two teachers and five special need assistants. Each class has a pupil 502. Mr. Curran asked the Minister for Edu- teacher ratio of 6:1. These classes cater for nine cation and Science the number of special needs children. teachers in the Lucan area over the period 2002, The building unit of my Department has sanc- 2003, 2004 and 2005. [27986/05] tioned grants totalling \29,980.55 to facilitate the establishment of the classes. Each class attracts 503. Mr. Curran asked the Minister for Edu- an enhanced capitation grant. Children attending cation and Science the number of special needs the classes are entitled to avail of the special teachers in the Clondalkin area of the period school transport service. 2002, 2003, 2004 and 2005. [27987/05] With effect from 1 January 2005, the National Council for Special Education, NCSE, has taken Minister for Education and Science (Ms over responsibility for processing resource appli- Hanafin): I propose to take Questions Nos. 500 cations for children with disabilities who have to 503, inclusive, together. special educational needs, including children with autism. Under the new arrangements, the council, The specific information requested by the through the local special educational needs Deputy is not available. However, at primary organiser, SENO, will process the relevant appli- level there are now approximately 5,000 teachers cation for resources and inform the school of the in our primary schools working directly with chil- outcome. It is important to note that the SENO dren with special needs, including those requiring will outline the process to the school and parents, learning support. This compares to fewer than where appropriate, and will at the end of the pro- 1,500 in 1998. Indeed, one out of every five cess outline the basis on which the decision was primary school teachers is now working specifi- made. cally with children with special needs. At second I am confident that the advent of the NCSE level, there are approximately 1,600 whole time will prove of major benefit in ensuring that all equivalent resource teachers in place to support children with special educational needs, including pupils with special educational needs. This com- those in the area referred to by the Deputy, pares to approximately 200 teachers that were in receive the support they require, when and where place in the 1997-98 school year for such pupils. they require it. With effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over responsibility for processing resource appli- School Staffing. cations for children with disabilities who have 505. Mr. Curran asked the Minister for Edu- special educational needs. Under the new cation and Science if she will provide a progress arrangements, the council, through the local report on the roll out of new career guidance special educational needs organiser, SENO, will teachers for junior certificate classes in the process the relevant application for resources and Clondalkin and Lucan areas. [27989/05] inform the school of the outcome. It is important to note that in the case of decisions on resource Minister for Education and Science (Ms teaching and SNAs, the SENO will outline the Hanafin): My Department makes a specific ex- process to the school and parents, where appro- quota allocation of teaching posts in respect of 747 Questions— 11 October 2005. Written Answers 748

[Ms Hanafin.] Minister for Education and Science (Ms guidance to schools in the second level system. Hanafin): I am pleased to inform the Deputy that This allocation is based on the pupil enrolment in the review of the long term accommodation September of the preceding school year. As a needs of the school in question has been com- result of my decision to allocate an additional 100 pleted. The information has been submitted to posts to guidance from September 2005 an the appeals committee and it will convene to issue enhanced guidance allocation provision was put a decision as soon as possible. in place for 2005-06 school year. This enhanced provision means that in the case of schools in the free education-block grant schemes, the level of Defence Forces Property. allocation ranges from eight hours per week for 507. Mr. Timmins asked the Minister for schools with enrolments below 200 pupils to 47 Defence the situation regarding the Department’s hours per week for schools with an enrolment of property at Gormanstown, County Meath; if he 1,000 pupils or more. In addition certain schools has received requests from private companies or had previously been allocated hours in response individuals to develop a flight school there; the to particular needs and-or as part of the guidance way in which he will view such request; and if he enhancement initiative, such schools have been will make a statement on the matter. [27621/05] permitted to retain this higher allocation for the 2005-06 school year. Minister for Defence (Mr. O’Dea): Periodic In the case of schools outside the free edu- interest has been expressed regarding the use of cation or block grant schemes, 11 hours per week my Department’s lands at Gormanston for com- are allocated in respect of schools in the 350-499 mercial purposes, including use as a flight training enrolment category and a full post is allocated in school. The Deputy will be aware, however, that the case of schools with 500 or more pupils. on 1 July 2003, the Government agreed that lands In recognition of the particular need for guid- at Gormanston, County Meath, would be among ance at junior cycle, my Department has asked the State lands released under the Sustaining Pro- that schools should, as far as possible, utilise the gress affordable housing initiative. The modalities additional guidance allocation granted under in this regard are under consideration in consul- these new arrangements to focus on guidance tation with the Department of the Environment, provision at junior cycle. Heritage and Local Government, which is the My Department has allocated a total of 10.84 lead Department for the development of the wholetime teacher equivalents for the 2005-06 affordable housing initiative. school year for the provision of guidance to the following post-primary schools in the Clondalkin and Lucan areas: Moyle Park College, Cola´iste Overseas Missions. Brı´de, St. Josephs College, Cola´iste Pha´draig 508. Mr. Timmins asked the Minister for CBS, Collinstown Park Community College, Defence if he met with a person (details Deansrath Community College and St. Kevin’s supplied); if he will report on this meeting; if the Community College. matter will be investigated further; and if he will make a statement on the matter. [27622/05] Schools Building Projects. Minister for Defence (Mr. O’Dea): As I indi- 506. Mr. Penrose asked the Minister for Edu- cation and Science further to Parliamentary cated in my reply to a Priority Question in the Question No. 1281 of 28 September 2005, in House on 29 September 2005, I initiated contact relation to a school (details supplied) in County with Mrs. Helen Barrett, following the inquest Westmeath the name of the person in the school into the death of her son, Private Kevin Barrett. planning section who is carrying out the re-exam- Private Barrett died on 18 February 1999, while ination of the long term needs of the school in serving with the 84th Infantry Battalion in context of long term projected enrolments; if this Lebanon. will be expedited and a decision made by the I met with Mrs. Barrett on 4 October, 2005, appeals board; if her attention has been drawn to accompanied by her solicitor. I listened carefully the position, whereby work, which has proceeded to what she had to say. During the course of this in relation to this school has now stalled; her meeting, I apologised to Mrs. Barrett and her views on the fact that the actual accepted tender family for the pain and suffering they had experi- price to erect this school represents exceedingly enced since Private Barrett’s tragic death. good value and in this context if the matter will I indicated to Mrs. Barrett that I was still be finalised and additional moneys given to the awaiting sight of the transcript of the coroner’s board of management to allow this school to be inquest, which I understand will be available in a completed; and if she will make a statement on matter of weeks. When I have reviewed the tran- the matter. [28082/05] script, I will decide what further action to take. 749 Questions— 11 October 2005. Written Answers 750

509. Mr. F. McGrath asked the Minister for mended for the award of such medals is very Defence the reason persons (details supplied) small. were not honoured for their work with the United There is no award in the Defence Forces for Nations following their horrific experiences in the survivors of hostile action. If such an award were Congo; and if he will make a statement on the to be created, it would have to be extended to all matter. [27942/05] members of the Defence Forces who suffered in a similar way. As I have indicated so many per- 510. Mr. F. McGrath asked the Minister for sonnel who serve overseas are exposed to various Defence if the unfinished business of Irish Army degrees of hostile action, significant numbers United Nations soldiers in the Congo 1960-1964 would qualify for such an award. will be dealt with; and the actions of the two There are awards made to all personnel who Niemba survivors (details supplied). [27943/05] serve on overseas missions, which aim to recog- nise the contribution made by the members of 511. Mr. F. McGrath asked the Minister for each contingent serving on the peacekeeping mis- Defence the reason Congo war heroes were sion and the difficult circumstances in which they treated as cowards; if a person (details supplied) have to operate. In this regard, the personnel will get the maximum support for their work with referred to have received both a United Nations the United Nations. [27944/05] medal, for their service in the Congo, awarded by the UN and the United Nations peacekeeping Minister for Defence (Mr. O’Dea): I propose medal awarded by the Irish Government. to take Questions Nos. 509 to 511, inclusive, together. Since Ireland took part in its first United Defence Forces Property. Nations mission in 1958, Defence Forces person- 512. Mr. Timmins asked the Minister for nel have performed approximately 54,000 tours of Defence his plans to sell Department of Defence duty on 58 peace support operations worldwide. property in County Donegal; his further plans to Because UN peacekeepers operate in strife-torn close down any of the existing posts; and if he will regions, practically every officer, NCO and make a statement on the matter. [27945/05] private who has served overseas has been exposed to the hostile events of one sort or Minister for Defence (Mr. O’Dea): There are another. currently no plans to close any of the military While I fully appreciate that the experiences in posts at Finner Camp, Lifford and Rockhill the Congo were particularly distressing, it is also House, Letterkenny or to dispose of property in the case that many other members of the Defence County Donegal, other than the transfer of a por- Forces who have served overseas have been tion of lands at Finner Camp to Donegal County involved in serious and disturbing incidents Council, for the purposes of constructing a waste where death and severe injury have resulted. This is in no way intended to denigrate the distress water treatment works. The Department’s prop- suffered by those involved. Rather, it is to indi- erty portfolio is, however, kept under continual cate that service in a war-torn region inevitably review and any properties surplus to military exposes members of the Defence Forces to the requirements will be disposed of to fund much possibility of involvement in incidents of a very needed investment to meet the equipment and serious and distressing nature. infrastructure needs of the Defence Forces. The Defence Forces award bravery and dis- tinguished service medals in exceptional circum- Architectural Heritage. stances. Cases for the award of such medals are examined in great detail having regard to the cir- 513. Mr. Lowry asked the Minister for the cumstances pertaining in each particular case and Environment, Heritage and Local Government if on the basis of comparison with previous similar correspondence (details supplied) has been awards. In 1962 a military board considered the received by his Department; his views on the various cases presented following action in the matter; when a decision will be made; and if he Congo, including the Niemba ambush, and made will make a statement on the matter. [27345/05] its recommendations. At that time, 22 cases were made for the award of the military medal for gal- 516. Mr. Gilmore asked the Minister for the lantry and only one such medal was awarded. Environment, Heritage and Local Government In the case of the distinguished service medal, when Nenagh Town Council will receive full legal a military board was convened in 1965 where 120 control over the Castle Field; if he will meet a cases were made for this award and of those, only deputation from Nenagh Town Council to discuss 24 were awarded. Clearly, such medals are only the matter of progressing Nenagh Castle Project; awarded only in rare and exceptional circum- and if he will make a statement on the matter. stances and the number of personnel recom- [28209/05] 751 Questions— 11 October 2005. Written Answers 752

521. Mr. Lowry asked the Minister for the that Clogrennane Castle is in private ownership Environment, Heritage and Local Government if and its upkeep and maintenance is a matter for correspondence (details supplied) has been the owner. received by his Department; if he will meet with a delegation; and if he will make a statement on Housing Grants. the matter. [27365/05] 515. Mr. Morgan asked the Minister for the 522. Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if Environment, Heritage and Local Government if he will make available all circulars that have been correspondence (details supplied) has been sent to local authorities regarding the disabled received by his Department; his views on the persons housing grant in the past two years. matter; when a decision will be made; and if he [27790/05] will make a statement on the matter. [27366/05] Minister of State at the Department of the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): I propose to (Mr. N. Ahern): I have arranged for templates take Questions Nos. 513, 516, 521 and 522 of the relevant circulars, which issued by way of together. individual notification to each local authority, to I can confirm that the correspondence referred be made available to the Oireachtas Library. If to in Questions Nos. 513, 521 and 522 has now the Deputy requires further detailed information, been received and I will arrange for replies to my Department will be pleased to provide this. be issued. The question of future developments at Question No. 516 answered with Question Nenagh Castle and its grounds and environs, No. 513. including 35/36 Pearse Street is under continuing appraisal. Officials in my Department are prepar- Waste Disposal. ing a brief to allow OPW to engage the necessary expertise to make recommendations for a suit- 517. Mr. P. McGrath asked the Minister for the able development at this site, including the Environment, Heritage and Local Government appropriate local authority involvement, having the costs which are being imposed on consumers regard inter alia to anticipated visitor numbers, per electrical item in relation to the waste electri- and which will allow for expansion if visitor cal and electronic equipment directive; the funds numbers warrant. The brief will include the need which will be generated by this directive; the way to consult with local stakeholders, including in which these funds will be collected; if there will Nenagh Town Council, and the need to prepare be an audit each year of funds collected; and if he an outline business plan with proposals to meet will make a statement on the matter. [27352/05] the ongoing running costs of any new facility in a manner that minimises the burden on public Minister for the Environment, Heritage and funds. Local Government (Mr. Roche): The EU I consider that the above process will afford the directive on waste electrical and electronic equip- best opportunity for Nenagh Town Council to ment, WEEE, required each member state to engage in this matter. I have had no request from introduce regulations providing for a producer Nenagh Town Council or the Tidy Towns com- funded take-back scheme for consumers of end- mittee to transfer ownership of the Castle Field. of-life equipment from 13 August 2005. This However, I understand OPW has agreed to hand directive covers a wide range of equipment from over the day-to-day maintenance of the Castle large business equipment, such as large refriger- grounds to the town council and has also agreed ation units, down to the smallest of consumer that the town council can extend its by-laws to products such as pocket calculators and the like. incorporate these grounds. It is now for the Under the terms of the directive the funding of council to follow up on this. such take-back schemes is a producer responsi- bility. The directive also requires the achievement 514. Mr. P. McGrath asked the Minister for the by member states of specified targets for recov- Environment, Heritage and Local Government ery, reuse and recycling by producers of different the authority which is responsible for the upkeep classes of WEEE. and maintenance of Clogrennane Castle, a his- A fundamental aim of the directive is to ensure torical monument located between Carlow town that the cost of recycling electronic and electrical and Graiguecullen, alongside the River Barrow; equipment is built into the product price in the and if he will make a statement on the matter. same way as the raw material costs of steel and [27597/05] plastic etc., manufacturing, distribution and sale. However, the directive also recognises that, for a Minister for the Environment, Heritage and number of years to come, a significant proportion Local Government (Mr. Roche): I understand of the waste arising in this area will be what is 753 Questions— 11 October 2005. Written Answers 754 termed “historic WEEE” i.e. products which recycling costs — particularly the white goods were originally sold before the directive came area, consumers are benefiting now under the into effect. Current producers must bear the cost WEEE directive by availing of free recycling of recycling this waste regardless of the identity services which did not exist before the 13 August. of the original producer. Under the directive, pro- Visible environmental management costs are ducers are allowed, for a transitional period of input costs and how these are dealt with in the eight years, ten years for large household pricing of products is part of the normal nego- appliances, to show purchasers, at the time of sale tiations between producer and retailer. of new products, the costs of collection, treatment To put the overall impact of the WEEE and disposal of historic WEEE in an environmen- directive in context, it is estimated that the total tally sound manner, by means of visible environ- cost of recycling waste equipment under the new mental management costs, EMCs. scheme is around \14million in an industry of in The Waste Management (Waste Electrical and excess of \1.4 billion annually. The recycling Electronic Equipment) Regulations 2005 which services operated under the scheme are now fully transpose the WEEE directive in Ireland being utilised by an increasing number of con- were introduced following two public consul- sumers at a considerable saving to them com- tations: the first of these followed publication of pared to previous waste disposal costs. Since 13 the WEEE task force report in April 2004, and August this includes the free take back of WEEE the second followed publication of draft regu- at local authority collection facilities. lations in April 2005. Extensive discussion took Electric and electronic goods have been iden- place with representatives of producers, tified internationally as a problematic and poten- importers and retailers of electrical and electronic tially hazardous waste stream. Ireland has moved goods in Ireland. While there were varying quickly in support of EU co-ordinated action in opinions on how the provisions on the historic this area. While there has been criticism in this waste should operate, the majority view among House in the past over delays in transposing EU the industry, for reasons of fuller transparency directives, we can take pride that Ireland is one and greater accountability, favoured a system of of only a small number of member states which visible EMCs in the manner which has been pro- have fully implemented this directive by the due vided for under the regulations. The design of the date. new system assures the public that the moneys collected for recycling are actually assigned for Table: EMCs validated by WEEE Register Society Ltd. recycling activity and are not diverted elsewhere. It also ensures traceability and financial account- Large Household Appliances ability and, by informing the public in an open way, ensures that profiteering is prevented. \ Visible EMCs are designed solely to cover the cost of recycling of WEEE. None of the revenue All Refrigeration (nominal capacity above 250 involved is handled by the Government. The litres) 40.00 WEEE Register Society Limited, the industry- All Refrigeration (nominal capacity up to 250 based national WEEE registration body, will litres) 20.00 monitor the implementation of the scheme and Large Appliances 20.00 adjust the visible environmental management Medium Sized Appliances 5.00 costs periodically to ensure that the not-for-profit Small White Goods 2.00 principle is observed and that the visible environ- mental management costs only covers the costs incurred in the environmentally sound manage- Small Household Appliances ment of WEEE. The EMCs which have been vali- dated by the WEEE Register Society are set out \ in the appended table. Producers pay the appropriate EMCs into the producer recycling funds operated by the two Floor Care 5.00 approved collective compliance schemes All Other Small Household Appliances 2.00 operating in Ireland; WEEE Ireland and the Small Personal Appliances 1.00 European recycling platform. As part of their approvals, each collective compliance scheme undertook to conduct audits and provide an IT and Telecommunications Equipment annual report together with a statement of accounts. \ Prices generally are falling in the electrical and electronic sectors and this trend is expected to Personal Computing, Printing Equipment etc. 0.00 continue. Even in areas where there are price pressures — due to low margins and high 755 Questions— 11 October 2005. Written Answers 756

[Mr. Roche.] and while based largely on the principle of pro- Consumer Equipment ducer responsibility, include specific provisions relating to retailers. \ Retailers have an obligation to: when selling a new product, to take back at least free of charge + Large TVs (69cm ) 20.00 household WEEE on a one-for-one like-for-like Medium Size TVs (52-69cm) 10.00 basis; ensure that any WEEE collected is deliv- ered to an approved collection facility or is col- Small TVs (0-51cm), 5.00 lected by a permitted collector working on behalf Medium Size Consumer Products 5.00 of the producer or the collective scheme respon- Small Consumer Products 2.00 sible for the WEEE in question; display visible Miscellaneous minor items 1.00 environmental management costs, EMCs; register their premises with their local authority i.e. county or city council. Detailed requirements are Lighting Equipment set out in the Waste Management (Waste Electri- cal and Electronic Equipment) Regulations 2005 \ which are available in the Oireachtas Library. Explanatory notes in respect of these regulations Luminaires 2.00 together with a guidance document entitled, Fluorescent lamps 0.50 WEEE and the Retailer, are available on my Department’s website: www.environ.ie

Electrical & Electronic Tools 519. Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government \ the requirements which are imposed on the pro- ducers of electronic goods to comply with the Electrical & Electronic Tools 3.00 Waste Electrical and Electronic Equipment Directive. [27354/05]

Toys, Leisure and Sports Equipment Minister for the Environment, Heritage and \ Local Government (Mr. Roche): The regulations transposing the EU directive on waste electrical and electronic equipment, WEEE, in the State Video Games, Sports Equipment with Electric or Electronic Components etc. 0.00 impose obligations on persons who supply electri- cal and electronic equipment to the Irish market. They are based largely on the principle of pro- Medical Devices ducer responsibility. Producers have an obli- gation to: finance the environmentally sound \ management of WEEE; ensure that WEEE is stored and treated in accordance with specified Pulmonary Ventilators etc. 0.00 standards; achieve minimum recovery and recycling targets; maintain records; register with the WEEE Register Society Ltd., the industry Monitoring and Control Instruments based registration body; provide details in accord- ance with the regulations to enable each pro- \ ducer’s share to be determined; ensure that each and every product they place on the market is Smoke Detectors, Heating Regulators etc. 0.00 marked visibly and permanently with the crossed out wheeled-bin symbol as required by the directive; provide specified information to users of their products, and to recovery facilities; sub- 518. Mr. P. McGrath asked the Minister for the mit waste management plans and reports to the Environment, Heritage and Local Government EPA; through their product design, take account the requirements which are imposed on retailers of and facilitate the re-use, recovery and recycling to comply with the Waste Electrical and Elec- of the components and materials in their products tronic Equipment Directive. [27353/05] when they become WEEE. Producers can meet some of these obligations by participating satis- Minister for the Environment, Heritage and factorily in a collective compliance scheme. Local Government (Mr. Roche): The regulations Detailed requirements are set out in the Waste transposing the EU directive on waste electrical Management (Waste Electrical and Electronic and electronic equipment, WEEE, in the State Equipment) Regulations 2005 which are available impose obligations on persons who supply electri- in the Oireachtas Library. Explanatory notes in cal and electronic equipment to the Irish market 757 Questions— 11 October 2005. Written Answers 758 respect of these regulations are available on my City and county councils responded positively Department’s website: www.environ.ie to this new initiative and the proposals submitted are at an advanced stage of consideration. I hope to be in a position to make an announcement Social and Affordable Housing. regarding the successful projects shortly. 520. Ms Shortall asked the Minister for the Environment, Heritage and Local Government Waste Disposal. the legislation, primary and secondary including statutory instrument references, governing the 524. Mr. Naughten asked the Minister for the shared ownership housing schemes operated by Environment, Heritage and Local Government if local authorities; and if a local authority is additional funds will be provided to facilitate the entitled to restrict the shared ownership scheme collection of farmyard plastics for which farmers only to houses covered under its affordable hous- have already paid a levy; the steps he will take to ing scheme. [27364/05] address the problem of plastic being imported from the UK and Northern Ireland without the Minister of State at the Department of the payment of such a levy; and if he will make a Environment, Heritage and Local Government statement on the matter. [27411/05] (Mr. N. Ahern): The Housing (Miscellaneous Provisions) Act 1992, as amended, enables local Minister for the Environment, Heritage and authorities to grant shared ownership leases, and Local Government (Mr. Roche): Under the permits the Minister for the Environment, Heri- Waste Management (Farm Plastics) Regulations tage and Local Government to make regulations 2001, producers — i.e. manufacturers and governing the operation of the scheme. No regu- importers — of farm plastics, silage bale wrap and lations have been made to date. However, the sheeting, are required to take steps to recover income limits for eligibility for a local authority farm plastics waste which they have placed on the housing loan to purchase by way of shared owner- market or alternatively to contribute to, and par- ship and the maximum loan available are ticipate in, compliance schemes to recover the reviewed regularly and changes made by statu- waste in question. The Irish Farm Film Producers tory instrument from time to time. These are Group, IFFPG, is currently the sole approved notified to local authorities by way of circular body in Ireland for the purposes of implementing letter. a compliance scheme for the recovery of farm The administration of the shared ownership plastics waste. scheme, including selection of the housing units, Under the IFFPG scheme, producers apply a is a matter for individual local authorities. levy on the sale of farm plastics that in turn is Accordingly, it is open to a local authority to limit transferred to the IFFPG for use in funding the the sale of houses by way of shared ownership to collection and recovery of farm plastics waste. those provided under its affordable housing The IFFPG is a not-for-profit organisation and it scheme. is a matter for the company, under the terms of this producer responsibility initiative and in Questions Nos. 521 and 522 answered with accordance with the polluter pays principle, to set Question No. 513. a rate of levy which will cover its operational costs. Local Authority Grants. The scheme has operated successfully to date. It is estimated that around 8,500 tonnes, circa 523. Ms M. Wallace asked the Minister for the 55%, of farm plastics placed on the market in Environment, Heritage and Local Government 2004 were collected for recycling. An estimated the position in relation to the skateboard park 55,000 farmers availed of the collection service in grant which is due to local authorities in 2005; the 2004. IFFPG estimate that over 12,500 tonnes of timeframe upon which these grants will be allo- farm plastics have been collected in 2005. While cated; and if he will make a statement on the responsibility for the collection and recovery of matter. [27399/05] farm plastics rests with the compliance scheme, my Department monitors the scheme on an Minister for the Environment, Heritage and ongoing basis. I am aware of the specific issues Local Government (Mr. Roche): Earlier this raised in relation to the operation of the scheme. year, I announced a new initiative for the pro- Discussions are taking place involving my vision of a number of skateboard facilities nation- Department and IFFPG to explore options for wide. Each city and county council was invited by improvement to the scheme and resolution of my Department to submit expressions of interest outstanding issues. for grant assistance towards the provision of a skateboard park in its area. The closing date for Architectural Heritage. receipt of applications from local authorities was 15 July 2005. 525. Mr. O’Dowd asked the Minister for the 759 Questions— 11 October 2005. Written Answers 760

[Mr. O’Dowd.] ment has formally responded to the European Environment, Heritage and Local Government if Commission on this matter. he will make a statement on the recent report by The former Department of Arts, Heritage, the Centre for Public Enquiry into Trim Gaeltacht and the Islands paid Trim Town Castle. [27412/05] Council a contribution of \63,487, £50,000, in June 2000 towards the provision of car park facili- 531. Mr. O’Dowd asked the Minister for the ties at the site of the hotel development which Environment, Heritage and Local Government if would cater, inter alia, for visitor traffic. In light he will make a statement on the recent report by of subsequent changed plans by Trim Town the Centre for Public Enquiry (details Council in relation to the procurement and supplied). [27501/05] financing of the project and the fact that a perma- nent car park has not been provided, my Depart- ment requested the repayment of this contri- Minister for the Environment, Heritage and bution in January 2005. In doing so, my Local Government (Mr. Roche): I propose to Department made it clear that it was not take Questions Nos. 525 and 531 together. reflecting on the judgement of the local authority I have received a copy of the report referred in pursuing a development led solution to the to. It deals with a case, of a kind frequently provision of the car park. My Department has instanced in Ireland’s active economy, of compe- recently contacted the local authority about the tition between the public interest values of repayment and expects that this will be con- development and conservation. There is no pre- cluded shortly. ordained or simple solution to such conflicting considerations. It is the function of the physical planning system to consider all factors and Local Authority Housing. interests arising on planning applications in light 526. Mr. Boyle asked the Minister for the of relevant provisions of local development plan, Environment, Heritage and Local Government if and to make a fair and reasonable determination his Department encourages a policy of transfer- in each case. ence of tenancy to sub-tenants of local authority This process operated transparently, and with housing, where such sub-tenants are family access for third parties, in the development at members of the original tenants; and if a record Trim which was the subject of the report referred is kept of such transfers that might be kept in a to in the question. given year. [27419/05] The original planning permission for the hotel development in question in Trim was approved Minister of State at the Department of the by Trim Town Council in August 2003. A modi- Environment, Heritage and Local Government fied planning approval was given by An Bord (Mr. N. Ahern): The issue of succession to ten- Pleana´la at a later stage. The planning system is ancies by family members living in a local auth- designed to produce decisions, under the ority dwelling is entirely a matter for local auth- responsibility of local planning authorities and orities to be decided in accordance with their An Bord Pleana´la, which are taken on the basis scheme of letting priorities. The guidelines issued of procedures and policy considerations recog- by my Department to local authorities indicate nised in legislation. The fact that planning that a scheme of letting priorities should normally decisions are not subsequently welcomed by all contain provisions to allow, subject to appro- parties does not detract from the integrity of the priate conditions, succession by family members process. The report does not offer evidence that living in a dwelling in the case of death or depar- the planning process operated other than prop- ture of a tenant. My Department does not obtain erly in the Trim case. statistics from local authorities on the number of The Minister for the Environment, Heritage succession tenancies each year at local level. and Local Government is one of a number of statutory consultees in relation to planning cases having implications for the built or natural heri- Waste Disposal. tage. The then Minister’s observations on this 527. Mr. Boyle asked the Minister for the case were made following consideration of all rel- Environment, Heritage and Local Government evant issues. The fact that these observations the location of radioactive waste that has been involved amendment of draft proposals submitted stored on Rocky Island, near Ringaskiddy, by departmental officials is not unreasonable in County Cork; the cost of such removal and who terms of the Minister’s legal and political has carried this cost. [27420/05] accountability for the matters involved; and it has parallels in the practice of An Bord Pleana´la and Minister for the Environment, Heritage and planning authorities, as occasion requires, in Local Government (Mr. Roche): I assume that amending draft proposals submitted by their staff. the question refers to radioactive material which The report refers to a complaint to the Euro- was stored on Rocky Island and which was pean Commission’s Environment Directorate exported to the US in March 2004. The radioac- that the hotel development was not subject to an tive material had been detected in some supplies environmental impact assessment. My Depart- of radioactively contaminated scrap steel deliv- 761 Questions— 11 October 2005. Written Answers 762 ered to the Irish Ispat steel plant in Haulbowline local authority under the 2000 to 2003 multi- during the 1990s. Following detection, the radio- annual programme is set out in the active content was removed and stored in the accompanying table. Irish Ispat store at Rocky Island. Multi-annual action plans have been prepared The radioactive material was subsequently by local authorities for the provision of social and exported to the US in March 2004, the cost of affordable housing for the period 2004 to 2008. which was borne by the Irish Ispat Liquidator. These have been approved by my Department The cost of this was a matter for the liquidator and are designed to assist local authorities in of Irish Ispat. I understand from the Radiological identifying priority needs over the coming years Protection Institute of Ireland that there is no and providing a coherent and co-ordinated residual radioactive contamination following the response across all housing services, including export of the material to the U.S. delivery of housing by the voluntary and co- operative housing sector. Water and Sewerage Schemes. Detailed information on the number of local authority house starts and completions and out- 528. Mr. Penrose asked the Minister for the put by the voluntary and co-operative housing Environment, Heritage and Local Government if sector by local authority for the years 2000 to his Department has received an application for 2004 is available in the annual housing statistics funding to provide a sewerage scheme at Glasson bulletins published by my Department, copies of Village, Athlone, County Westmeath; if so the which are available in the Oireachtas library. position in regard to this application; and if he These figures, along with the figures for the first will make a statement on the matter. [27425/05] six months of 2005, are also available on the Department’s website at www.environ.ie. Minister for the Environment, Heritage and Local Government (Mr. Roche): The Glasson, Local Authority Multi-Annual Housing Programme 2000- Ballykeeran, Coosan sewerage scheme has been 2003 approved for funding under the rural towns and villages initiative of my Department’s water Local Authority Total Authorised Starts 2000-2003 services investment programme 2004 to 2006, at an estimated cost of \3.6 million. My Department approved Westmeath County Council’s brief for Carlow County Council 235 the appointment of consultants to prepare con- Carlow Town Council 138 tract documents for the scheme on 12 May 2005 Cavan County Council 330 and the submission of the contract documents is Cavan Town Council 138 awaited. Clare County Council 310 Ennis Town Council 100 Local Authority Housing. Kilrush Town Council 40 529. Mr. P. McGrath asked the Minister for the Cork City Council 1,000 Environment, Heritage and Local Government Cork (North) County Council 390 the number of new house starts approved for Fermoy Town Council 40 each local authority in each of the past five years; and the corresponding number of house com- Macroom Town Council 70 pletions for each of the local authorities for each Mallow Town Council 100 of the past five years. [27499/05] Cork (South) County Council 550 Kinsale Town Council 50 530. Mr. P. McGrath asked the Minister for the Midleton Town Council 70 Environment, Heritage and Local Government the number of social housing starts approved for Youghal Town Council 80 each local authority for each of the past five Cork (West) County Council 310 years; and the number of completions for each Clonakilty Town Council 60 of the local authorities for each of the past five Cobh Town Council 70 years. [27500/05] Skibbereen Town Council 67 Minister of State at the Department of the Donegal County Council 1,040 Environment, Heritage and Local Government Buncrana Town Council 60 (Mr. N. Ahern): I propose to take Questions Nos. Bundoran Town Council 30 529 and 530 together. Letterkenny Town Council 170 Since 2000 local authorities have operated their Dublin City Council 2,650 housing construction programmes on the basis of Du´ n Laoghaire-Rathdown County 900 a four-year multi-annual allocation of house Council starts for the period 2000 to 2003. This replaced the system of individual annual house start allo- Fingal County Council 1,400 cations in operation prior to 2000. Information on Galway City Council 540 the number of authorised starts allocated to each Galway County Council 598 763 Questions— 11 October 2005. Written Answers 764

[Mr. N. Ahern.] Local Authority Total Authorised Local Authority Total Authorised Starts 2000-2003 Starts 2000-2003 Westmeath County Council 258 Ballinasloe Town Council 60 Athlone Town Council 100 Kerry County Council 550 Wexford County Council 520 Killarney Town Council 75 Enniscorthy Town Council 100 Listowel Town Council 45 New Ross Town Council 140 Tralee Town Council 200 Wexford Borough Council 190 Kildare County Council 760 Wicklow County Council 520 Athy Town Council 70 Arklow Town Council 100 Naas Town Council 120 Bray Town Council 250 Kilkenny County Council 260 Wicklow Town Council 100 Kilkenny Borough Council 70 Laois County Council 350 Leitrim County Council 260 Question No. 531 answered with Question Limerick City Council 440 No. 525. Limerick County Council 580 Longford County Council 250 Water and Sewerage Schemes. Longford Town Council 120 532. Mr. McGinley asked the Minister for the Louth County Council 240 Environment, Heritage and Local Government Drogheda Borough Council 285 the position regarding the proposed sewerage Dundalk Town Council 285 scheme for Killybegs; and if he will make a state- Mayo County Council 530 ment on the matter. [27502/05] Ballina Town Council 30 Castlebar Town Council 30 Minister for the Environment, Heritage and Westport Town Council 30 Local Government (Mr. Roche): The Killybegs sewerage scheme has been approved for con- Meath Council Council 530 struction under my Department’s water services Kells Town Council 50 investment programme 2004 to 2006, at an esti- Navan Town Council 100 mated cost of \17.2 million. Donegal County Trim Town Council 30 Council’s preliminary report for the scheme is Monaghan County Council 258 under examination in my Department and is Carrickmacross Town Council 20 being dealt with as quickly as possible. The Castleblaney Town Council 12 council will be in a position to proceed with the preparation of contract documents when the pre- Clones Town Council 20 liminary report is approved. Monaghan Town Council 60 Offaly County Council 270 Local Authority Housing. Birr Town Council 60 Tullamore Town Council 110 533. Mr. McGinley asked the Minister for the Roscommon County Council 360 Environment, Heritage and Local Government if an application has been received in his Depart- Sligo County Council 240 ment from Donegal County Council regarding Sligo Borough Council 250 the proposed remedial works for a local authority South Dublin County Council 1,420 housing scheme (details supplied) in County North Tipperary Council Council 196 Donegal; when he will be in a position to sanction Nenagh Town Council 40 funds and allow the council to proceed with this Templemore Town Council 16 work. [27507/05] Thurles Town Council 64 Minister of State at the Department of the South Tipperary County Council 300 Environment, Heritage and Local Government Carrick on Suir Town Council 58 (Mr. N. Ahern): Donegal County Council submit- Cashel Town Council 26 ted preliminary outline proposals to my Depart- Clonmel Borough Council 100 ment in June 2005 for funding under my Depart- Tipperary Town Council 38 ment’s remedial works scheme to undertake Waterford City Council 560 refurbishment work to a significant number of Waterford County Council 248 local authority houses in the county including a small number of such houses at that particular Dungarvan Town Council 110 location. 765 Questions— 11 October 2005. Written Answers 766

Given the significant number of proposals sub- being maintained with the UK authorities regard- mitted by the council, my Department recently ing a range of issues in relation to the Sellafield requested the authority to prioritise its proposals nuclear plant. These contacts are productive and on the basis of schemes which require urgent and reflect an increasing recognition by the UK substantial refurbishment work. The council was Government of the serious concerns held by the also requested to provide my Department with Irish Government in relation to Sellafield. There detailed schedules and costings for the proposed remains, however, a significant difference of works following identification by the council of views between the Irish and UK Governments the priority schemes. It is not clear, at this stage, regarding the continued operation of Sellafield. if all of the proposals submitted to my Depart- The UK response to concerns raised by Ireland is ment qualify for funding under the remedial that operations at Sellafield are safe and do not works scheme. The council’s response is awaited. adversely impact on the environment. This Government holds a significantly different view Social and Affordable Housing. and has at every opportunity expressed this view directly to the UK Government and its relevant 534. Mr. O’Connor asked the Minister for the authorities at all levels. Environment, Heritage and Local Government The incident at the THORP facility earlier this his contacts with South Dublin County Council, year is a case in point. While officials from my regarding the authorities difficulties in respect of Department were advised about this incident by the affordable housing scheme; and if he will their UK counterparts in accordance with the make a statement on the matter. [27629/05] established co-ordination and co-operation pro- cedures between the two countries, this was a Minister of State at the Department of the very serious incident. I will be meeting the UK Environment, Heritage and Local Government Secretary of State at the Department of Trade (Mr. N. Ahern): I assume that the question refers and Industry, Alan Johnson MP, later this month to Russell Square, Tallaght, a joint venture in London where I intend not only to raise this development between South Dublin County issue but also to reiterate Ireland’s concerns on Council and Kelland Homes Limited. who jointly Sellafield and the nuclear industry generally. owned the land. My Department was informed In addition to contacts with ministerial col- by South Dublin County Council some time ago leagues, my officials and scientific experts from that the complex legal issues associated with this the Radiological Protection Institute of Ireland development had been concluded and that this would allow the houses to be occupied. Following continue to meet with their UK counterparts on inquiries made more recently to the council, my a regular basis during which Ireland’s concerns Department has been informed that of the 100 regarding operations at Sellafield are raised. The affordable units involved, all are now sold and institute’s visit to the Sellafield facility in 44 are actually occupied. The purchasers of the September 2004 was no exception and I was remaining affordable units are, I understand, pleased to attend the launch of a very compre- finalising the normal legal requirements associ- hensive report on the visit last April. Further- ated with house purchase. more, the Garda Sı´ocha´na visited the facility in June 2004 and, as with the institute, the UK have undertaken to facilitate further such visits in the Nuclear Safety. future. Finally, my Department continues to par- 535. Mr. O’Connor asked the Minister for the ticipate in the numerous consultative fora insti- Environment, Heritage and Local Government if gated by various UK departments and their agen- contacts are being maintained with the British cies regarding nuclear issues. My policy is to use authorities in relation to Sellafield; and if he will the consultation processes to articulate the views make a statement on the matter. [27630/05] of the Irish Government in relation to nuclear issues and to ensure Ireland’s interests are rep- 545. Mr. Haughey asked the Minister for the resented and protected. My officials have consist- Environment, Heritage and Local Government if ently impressed upon the UK that Ireland, as a he will make a submission to the nuclear decom- unique stakeholder, has a significant interest in missioning authority in the United Kingdom on the nuclear issues under deliberation in the its draft strategy as part of the official consul- United Kingdom. The recently published UK tation process; and if he will make a statement on nuclear decommissioning authority’s draft the matter. [27905/05] strategy is under consideration by departmental officials and the Radiological Protection Institute Minister for the Environment, Heritage and of Ireland. A briefing for Irish officials by the UK Local Government (Mr. Roche): I propose to on the draft strategy is planned for later this take Questions Nos. 535 and 545 together. month and my Department will submit its com- Ongoing contact through correspondence and ments on the draft strategy to the authority meetings at ministerial, official and expert level is shortly thereafter. 767 Questions— 11 October 2005. Written Answers 768

Local Authority Funding. Minister for the Environment, Heritage and Local Government (Mr. Roche): The 536. Mr. Timmins asked the Minister for the accompanying table details grant payments, 2002 Environment, Heritage and Local Government to 2004, and allocations for 2005 by my Depart- the breakdown of payments to all local auth- ment to County Councils under the local orities for the local improvement schemes for the improvements scheme. years 2002, 2003, 2004 and 2005; and if he will make a statement on the matter. [27732/05]

Payments/Allocations under the Local Improvements Scheme from 2002 to 2005

County Council 2002 Payment 2003 Payment 2004 Payment 2005 Allocation

\ \\\

Carlow 142,189 129,494 156,081 156,081 Cavan 970,708 970,708 1,065,546 1,065,546 Clare 514,069 514,069 564,294 564,294 Cork 512,615 515,048 546,769 849,308 Donegal 1,566,005 1,566,005 1,719,004 1,719,004 Du´ nlaoghaire/ Rathdown ———— Fingal — — 23,928 15,000 Galway 755,388 755,388 768,661 829,189 Kerry 1,087,099 1,091,735 1,198,398 1,198,398 Kildare 102,416 99,757 110,236 88,504 Kilkenny 132,092 131,677 144,997 192,608 Laois 174,303 172,509 191,332 275,335 Leitrim 714,987 767,006 784,841 784,841 Limerick 262,892 262,892 288,577 288,577 Longford 264,958 254,908 255,690 309,208 Louth 118,984 118,129 125,328 130,609 Mayo 1,310,409 1,310,409 1,438,736 1,438,736 Meath 252,430 63,098 61,502 69,263 Monaghan 583,052 680,526 624,553 640,016 North Tipperary 174,922 174,922 189,597 192,012 Offaly 125,621 94,625 95,357 137,894 Roscommon 231,417 231,417 254,026 254,026 Sligo 440,210 440,210 483,219 483,219 South Dublin ———— South Tipperary 101,254 103,995 114,155 114,155 Waterford 150,668 150,668 165,388 165,388 Westmeath 112,835 112,835 123,859 123,859 Wexford 214,642 214,642 235,613 235,613 Wicklow 133,023 163,357 167,908 179,317

Total \11,149,188 \11,090,029 \11,897,595 \12,500,000

Water and Sewerage Schemes. documents and water pricing policy report for the scheme on receipt of additional information 537. Mr. Neville asked the Minister for the which my Department has recently requested Environment, Heritage and Local Government from the council. when the water supply scheme will be upgraded at Adare, County Limerick. [27733/05] Local Authority Funding. Minister for the Environment, Heritage and 538. Mr. Morgan asked the Minister for the Local Government (Mr. Roche): The Limerick Environment, Heritage and Local Government County trunk water mains Patrickswell-Adare his views on whether it is inappropriate for local scheme has been approved for construction in my authority members to claim expenses for attend- Department’s water services investment prog- ance at a conference (details supplied). ramme 2004 to 2006. Further consideration will [27769/05] be given to Limerick County Council’s contract 769 Questions— 11 October 2005. Written Answers 770

Minister for the Environment, Heritage and in view of the fact that more than 20 persons in Local Government (Mr. Roche): While decisions Drogheda waiting for the disabled persons hous- regarding attendance at conferences are a matter ing grant he will ensure that Louth County for local elected members, the Local Government Council receives the funding necessary to enable Act 2001 requires an elected council to be satis- Drogheda Borough Council to meet the needs of fied, inter alia, that such attendance is in the these persons. [27789/05] general interest of its administrative area and the local community and the rules, regulations and Minister of State at the Department of the directions associated with conference attendance Environment, Heritage and Local Government are designed to reflect this. In these circum- (Mr. N. Ahern): The administration of the dis- stances, I would not consider it appropriate for abled persons and essential repairs grant schemes fees or expenses to be paid by local authorities in is a matter for individual local authorities, in this respect of attendance by elected members at any case Louth County Council. The council received conference, seminar, workshop or similar event a capital allocation of \1,120,000 for the payment organised by a political party. Such attendance of disabled persons and essential repairs grants in would be a matter for the individual or party con- 2005, which was the full amount sought by it for cerned and the payment of expenses from public this purpose. No further requests for increased funds would not be warranted. funding have been received from the council in I have written to the Association of Municipal respect of these schemes. Authorities of Ireland, the General Council of County Councils and the Local Authority Water Quality. Members Association advising them of my views on this matter. In addition, my Department has 541. Mr. Bruton asked the Minister for the written to county and city managers informing Environment, Heritage and Local Government if them that attendance at conferences organised by he has undertaken any study of the extent of lead any political party should not receive local auth- piping connections to households in the Irish ority funding. water network; if he has assessed the health haz- ards associated with these old lead connections; and if he plans initiatives to undertake or pro- Fire Services. mote the replacement of such piping. [27806/05] 539. Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government if Minister for the Environment, Heritage and he is satisfied that local authorities have fire fight- Local Government (Mr. Roche): The European ing equipment adequate to deal with fires in high- Communities (Drinking Water) Regulations rise buildings; if his attention has been drawn to 2000, which transposed Council Directive the fact that the equipment available and the 98/83/EC, reduced the parametric value for lead heights attainable by fire fighters is in line with in drinking water from 50 micrograms per litre that available in other EU countries; and if he under the previous directive to 10 micrograms per will make a statement on the matter. [27771/05] litre. A December 2013 deadline is specified for achieving compliance with this new standard, Minister of State at the Department of the with an interim value of 25 micrograms per litre Environment, Heritage and Local Government required since the end of 2003. Compliance with (Mr. B. O’Keeffe): The provision of a fire service, the interim standard is generally achievable including appliances and equipment, is a matter through appropriate treatment at water treat- for the local fire authority. My Department assists ment plants. local fire authorities in providing funding for the Proposals regarding a recommended sampling purchase of fire appliances and rescue equipment. method for lead, which will inform future plans The building regulations 1997 to 2002 set down in this area, are awaited from the European Com- functional requirements for fire safety in high-rise mission. However, in the meantime, limited sam- buildings and technical guidance document B, pling of houses in Dublin, known to have lead issued under the building regulations provides services, was carried out in 1996. From this survey guidance on how to meet these requirements. it is estimated that up to 80% of these premises This guidance is prepared on the basis that the would be in compliance with the 2013 standard. occupants of any part of such a building should be able to escape safely from the building in an Environmental Policy. emergency without external assistance. There- fore, these buildings must be designed so that 542. Mr. J. Higgins asked the Minister for the people can safely evacuate and fire fighters can Environment, Heritage and Local Government if enter without relying on external aerial he will immediately implement a ban on the appliances. importation of oilseed rape seed (details supplied) under Directive 2001/18/EC and under the biosafety protocol to the Convention on Local Authority Housing. Biodiversity to protect farming and biodiversity 540. Mr. Morgan asked the Minister for the against live genetically modified organism seeds Environment, Heritage and Local Government if, inevitably contaminating related crops through 771 Questions— 11 October 2005. Written Answers 772

[Mr. J. Higgins.] (details supplied); and if he will make a statement seed dispersal, transportation, processing, hori- on the matter. [27904/05] zontal gene transfer and pollen. [27854/05] Minister of State at the Department of the 543. Mr. J. Higgins asked the Minister for the Environment, Heritage and Local Government Environment, Heritage and Local Government if (Mr. N. Ahern): There is no application before his attention has been drawn to the fact that the my Department for approval for accommodation importation of oilseed rape seed (details for Traveller families in Kilcormac. However, It supplied) will make it difficult if not impossible is understood that the council is developing pro- to grow genetically modified free Brassica crops posals for the provision of six group houses at including broccoli, brussel sprouts, cabbage, Kinnitty Road, Kilcormac. These proposals will, cauliflower, collards, kale kohlrabi, mustard, of course, be subject to the normal public consul- oilseed rape and turnip due to irreversible geneti- tation procedures locally. Any formal application cally modified contamination of farmland for approval will be dealt with as expeditiously here. [27855/05] as possible.

546. Mr. Naughten asked the Minister for the Question No. 545 answered with Question Environment, Heritage and Local Government if No. 535. he will implement the safeguard clause under EU Question No. 546 answered with Question Directive 2001/18/EC regrading the importation No. 542. to this country of GT 73 oilseed rape seed; and if he will make a statement on the matter. [27933/05] Local Authority Housing. 547. Mr. Curran asked the Minister for the Minister for the Environment, Heritage and Environment, Heritage and Local Government Local Government (Mr. Roche): I propose to the figures available for houses built by each local take Questions Nos. 542, 543 and 546 together. authority in 2005; if the local authorities will have The product in question, genetically modified a higher output in 2005 than they had in 2004. oilseed rape GT73, was authorised by the Euro- [28003/05] pean Commission on 31 August 2005 for import- ation into the European Community for use as 548. Mr. Curran asked the Minister for the animal feed and for industrial use. Environment, Heritage and Local Government Article 23 of Directive 2001/18/EC of the Euro- the number of houses for which funding was pean Parliament and of the Council specifies the approved in 2004 for each local authority; and the conditions under which the safeguard clause, pro- actual number of houses built by each local auth- hibiting in a national territory a GMO approved ority. [28004/05] for use in the EU, may be invoked. These con- ditions include the emergence of new or Minister of State at the Department of the additional information made available since the Environment, Heritage and Local Government date of the consent and affecting the environmen- (Mr. N. Ahern): I propose to take Questions Nos. tal risk assessment or the reassessment of existing 547 and 548 together. information on the basis of new or additional The financial allocations to local authorities in scientific knowledge which provide detailed 2004 for their housing construction and acquis- grounds for considering that the product consti- ition programmes took account of authorities’ tutes a risk to human health or the environment. proposed housing starts and their contractual Such conditions have not been fulfilled in relation commitments on schemes under construction at to the product in question and, accordingly it the beginning of 2004. Detailed information on would not be appropriate to seek to ban the the number of local authority house starts and importation of oilseed rape GT73. completions in 2004 and for the first six months I am also advised that oilseed rape imported of 2005 is available in the quarterly and annual into this country is processed prior to its import- housing statistics bulletins published by my ation by crushing, and its oil extracted. This mini- Department, copies of which are available in the mises the possibility of live seed entering the Oireachtas Library and on the Department’s environment. website at www.environ.ie. The total 2005 outputs will be available in the 2006 annual housing statis- tics bulletin and on the Department’s website at Traveller Accommodation. www.environ.ie. At this stage it is anticipated that 544. Ms Enright asked the Minister for the the number of houses completed or acquired by Environment, Heritage and Local Government local authorities in 2005 will be in excess of the when a decision will be reached on an application 2004 level of output.