Vol. 616 Thursday, No. 3 9 March 2006

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Thursday, 9 March 2006.

Requests to move Adjournment of Da´il under Standing Order 31 ……………… 773 Order of Business ……………………………… 774 European Council Decision: Motion ………………………… 798 Social Welfare Law Reform and Pensions Bill 2006: Report and Final Stages ………… 799 National Sports Campus Development Authority Bill 2006: Order for Second Stage …………………………… 825 Second Stage ……………………………… 825 Messages from Select Committees ………………………… 854 Ceisteanna — Questions Minister for Justice, Equality and Law Reform Priority Questions …………………………… 854 Other Questions …………………………… 870 Adjournment Debate Matters …………………………… 882 Adjournment Debate Postal Services ……………………………… 882 European Enforcement Order ………………………… 886 Asylum Support Services …………………………… 889 Questions: Written Answers …………………………… 893 773 774

DA´ IL E´ IREANN Mr. Allen: I seek the adjournment of the Da´il under Standing Order 31 to debate the following ———— urgent matter: the rapidly deteriorating situation at Cork Airport where Ryanair has withdrawn De´ardaoin, 9 Ma´rta 2006. some of its services because of increased charges Thursday, 9 March 2006. arising from the fact that the Government has not delivered on the written promise given by the ———— former Minister for Transport, Deputy Brennan, that Cork Airport Authority would not incur a Chuaigh an Leas-Cheann Comhairle i gceannas debt because of the construction of a new ter- ar 10.30 a.m. minal at Cork Airport.

———— Caoimhghı´nO´ Caola´in: I seek the adjournment of the Da´il under Standing Order 31 to debate Paidir. the following urgent matter: the failure of the Prayer. Ta´naiste and Minister for Health and Children to ———— ensure proper contracts and decent pay for people working in the home help service who provide vital care for elderly people, allowing Requests to move Adjournment of Da´il under them to live with dignity in their homes and help- Standing Order 31. ing to reduce the pressure on hospitals and nurs- An Leas-Cheann Comhairle: Before coming to ing homes; the need for the Ta´naiste to immedi- the Order of Business, I propose to deal with a ately reverse the reduction in home help hours number of notices under Standing Order 31. I will and to ensure that her Department meets its legal call on the Deputies in the order in which they obligations to home help workers and to all those submitted their notices to my office. who require their service.

Mr. McGinley: I seek the adjournment of the Mr. Sargent: I seek the adjournment of the Da´il Da´il under Standing Order 31 to debate the fol- under Standing Order 31 to debate the following lowing urgent matter: the continuing crisis in urgent matter: to hear the case for a patient char- Letterkenny General Hospital that has led to ter and additional resources for Beaumont chaotic conditions throughout the hospital with Hospital to end the appalling overcrowding which patients on trolleys being a daily feature, the daily last Monday resulted in a lady with a serious case cancellations of outpatient clinics and elective of pneumonia being left on a hard plastic chair surgery leading to the endangering of the well- from 12.30 p.m. to 10.30 am., ten hours later, being of both patients and staff and the urgent before being told the hospital had no space, even need for immediate action to alleviate the crisis though she needed hospital care, and to have the by the sanctioning of the required 70 beds for the Minister for Health and Children address this hospital to meet the medical needs of more than issue as a matter of urgency. 130,000 people living in County Donegal. Mr. Gormley: I seek the adjournment of the Mr. McCormack: And every other hospital in Da´il under Standing Order 31 to debate the fol- the country. lowing urgent matter: the record number of people now on trolleys, giving rise to what the Mr. Boyle: I seek the adjournment of the Da´il IMO calls our worst ever accident and emergency under Standing Order 31 to debate the following crisis, due in part to the winter vomiting bug, and urgent matter: the need for the Minister for the need now for the Ta´naiste to make a state- Transport to explain to the House his unwilling- ment to this House about the setting up of a new ness to meet Cork city and county Members of unit in the HSE to deal with the accident and the Oireachtas on the future of Cork Airport, emergency crisis, how she intends to implement especially since his avoidance is being the ten-point plan and if she will finally recognise accompanied by threats to the airport in main- that the real problem here is the lack of capacity taining its current level of services. in terms of acute beds and beds in the community. Dr. Cowley: I seek the adjournment of the Da´il under Standing Order 31 to debate the following An Leas-Cheann Comhairle: Having con- urgent matter: the reason the Minister for Justice, sidered the matters raised, they are not in order Equality and Law Reform and the refugee immi- under Standing Order 31. gration agency treat asylum seekers and the citi- zens of Kiltimagh so badly, with inadequate pro- Order of Business. visions for young asylum-seeking males who deserve proper facilities and the people of Kiltim- The Ta´naiste: It is proposed to take No. 11, agh who have been badly let down by the State. motion re proposed approval by Da´il E´ ireann for 775 Order of 9 March 2006. Business 776

[The Ta´naiste.] cannot agree with the Deputy. There was a full a Council decision on the accession of the Euro- debate in committee. pean Community to the Hague Conference on Private International Law — back from commit- An Leas-Cheann Comhairle: I will put the tee; No.27a, Social Welfare Law Reform and Pen- question re the proposal for dealing with No. 11 sions Bill 2006 — Order for Report and Report without debate. and Final Stages; and No. 1, National Sports Question: “That the proposal for dealing with Campus Development Authority Bill 2006 — No. 11 without debate be agreed to” put and Order for Second Stage and Second Stage. It is declared carried. proposed, notwithstanding anything in Standing Orders, that No. 11 shall be decided without An Leas-Cheann Comhairle: Is the proposal debate; that Report and Final Stages of No. 27a for dealing with item No. 27a. to conclude Report shall be taken today and the proceedings thereon and Final Stages of the Social Welfare Law shall, if not previously concluded, be brought to Reform and Pensions Bill 2006, agreed to? a conclusion at 1.30 p.m by one question, which shall be put from the Chair and which shall, in Mr. Kenny: It is not agreed. I already made the respect of amendments, include only those point on more than one occasion that we should amendments set down or accepted by the Mini- not be in the business of guillotining legislation. ster for Social and Family Affairs; and that on Rushed law is bad law. There are a whole range rising today, Da´il E´ ireann shall adjourn until of issues to be debated under the Social Welfare 2.30 p.m on Tuesday, 21 March 2006. Law Reform and Pensions Bill. I am not happy that the Bill will be guillotined by vote at 1.30 An Leas-Cheann Comhairle: Is the proposal p.m. It appears in recent weeks that, on the one for dealing with No. 11 agreed? hand, the Government wants to remain here until 11 p.m. to make some semblance of progress Caoimhghı´nO´ Caola´in: No, it is not agreed. before there is a mass exodus next week to places On behalf of the Sinn Fe´in Deputies, I object to all over the world to represent the country and the adoption of this motion without debate. on the other, it wants to bulldoze through this Ireland is already a member of the Hague Con- legislation. I object to that. ference and, as such, has one autonomous vote in the course of all the conference’s proceedings. My Mr. Stagg: The Government Whip appeared to colleagues and I are concerned that under this have introduced a new regime of not guillotining motion, the European Community may usurp this legislation, which we welcomed. However, he independence on the part of all member states recently appears to be reverting to type and and seek to apply a single European Community guillotines are now a regular feature. vote, thereby undermining the autonomy of the This Bill did not comply with the normal member states of the European Parliament. accepted regulations concerning the introduction My colleague, Deputy O´ Snodaigh, expressed of Bills. It was published just one day before concerns about this proposal when it was con- going through Second Stage, which is not accept- sidered by the Oireachtas Joint Committee on able. Committee Stage just finished on Tuesday Justice, Equality, Defence and Women’s Rights. and the spokespersons are being asked to deal He asked a number of pertinent questions about with 42 amendments in two hours. This amounts it, none of which was answered by the Minister. to approximately a minute and a half per amend- As a result of this, there are key questions which ment, which is not adequate. As it is an important have yet to be addressed but which must be Bill which affects the quality of life of a large teased out. This can only happen in this House, number of people, we are asking that it be where the questions will receive full and appro- debated fully until the amendments are dealt with priate scrutiny. in the normal way. We do not accept the guillotine. Mr. Boyle: Our concern is that this is the second motion relating to the Hague Convention Mr. Sargent: Like other Deputies, the Green in recent weeks. The Government is adopting a Party opposes the guillotining of this Bill, partic- piecemeal approach to adoption issues instead of ularly as it is fundamental legislation, with 42 bringing forward large-scale legislative reform in amendments. The amendments were tabled in a an area that has been left unchanged for several considered fashion in the hope that time would years. There is an onus on the Government to be allowed for a debate. By guillotining it and explain to the House why it is not tabling amend- hoping to have the matter dealt with without any ments to the adoption Acts which many people fuss, essentially, the Government is making a anticipate and only moving as little as possible in mockery of Report Stage and the idea of improv- obligations under this international treaty. ing the legislation. It results in the Opposition going into a default mode. Only one or two The Ta´naiste: The Government is proposing amendments will be dealt with, which does not that the motion be taken without debate, so I make the best use of parliamentary time. The 777 Order of 9 March 2006. Business 778

Government should ask for Opposition co-oper- deserves and that it gets the full debate and voice ation without a guillotine, which would encourage the legislation demands. Therefore, I oppose the Members to get through the business and be imposition of a guillotine which allows very lim- more productive. This would make better use of ited opportunity to debate the Bill. parliamentary time. The Government should The Ta´naiste: It is precisely to improve the remove the guillotine. daily lives of people that we want to see this legis- lation being passed. Caoimhghı´nO´ Caola´in: Following on what can only be described as the debacle of the passage Mr. Boyle: Does the Ta´naiste think we do not of the Finance Bill through the House earlier in want to do that? the week, with the guillotine at 11 p.m. and the curtailment of examination and debate, one The Ta´naiste: Clearly there are timeframes for would have hoped that the appeals of Opposition both the Finance Bill and the Social Welfare Bill. As many of the issues were debated widely during voices to the Government would have been heard the budget debate, it is unfortunate that the and heeded by those on the Government ben- Government must proceed by way of a guillotine ches. However, there is repetition once again on a to get the legislation through the House. crucial area of legislation, which will have a huge impact on the daily lives of ordinary people. It is Question put: “That the proposal for dealing very important that the Bill gets the scrutiny it with No. 27a be agreed to.”

The Da´il divided: Ta´, 59; Nı´l, 43.

Ta´

Ahern, Dermot. Harney, Mary. Ahern, Noel. Haughey, Sea´n. Andrews, Barry. Hoctor, Ma´ire. Ardagh, Sea´n. Jacob, Joe. Brady, Johnny. Kelly, Peter. Brady, Martin. Killeen, Tony. Brennan, Seamus. Kirk, Seamus. Browne, John. McDowell, Michael. Callanan, Joe. McEllistrim, Thomas. Carey, Pat. McGuinness, John. Carty, John. Moloney, John. Cassidy, Donie. Moynihan, Michael. Cooper-Flynn, Beverley. Mulcahy, Michael. Coughlan, Mary. Nolan, M.J. Cowen, Brian. O´ Fearghaı´l, Sea´n. Cregan, John. O’Connor, Charlie. Curran, John. O’Donnell, Liz. Davern, Noel. O’Donoghue, John. Dennehy, John. O’Flynn, Noel. Devins, Jimmy. O’Keeffe, Ned. Ellis, John. O’Malley, Fiona. Fahey, Frank. O’Malley, Tim. Finneran, Michael. Power, Sea´n. Fitzpatrick, Dermot. Smith, Michael. Fleming, Sea´n. Treacy, Noel. Fox, Mildred. Wallace, Mary. Gallagher, Pat The Cope. Wilkinson, Ollie. Glennon, Jim. Woods, Michael. Grealish, Noel. Wright, G.V. Hanafin, Mary.

Nı´l

Allen, Bernard. Kehoe, Paul. Boyle, Dan. Kenny, Enda. Bruton, Richard. Lynch, Kathleen. Burton, Joan. McCormack, Padraic. Costello, Joe. McEntee, Shane. Cowley, Jerry. McGinley, Dinny. Crowe, Sea´n. McGrath, Finian. Deasy, John. McHugh, Paddy. Deenihan, Jimmy. Mitchell, Olivia. Durkan, Bernard J. Morgan, Arthur. English, Damien. Moynihan-Cronin, Breeda. Gilmore, Eamon. Neville, Dan. Gogarty, Paul. Noonan, Michael. Gormley, John. O´ Caola´in, Caoimhghı´n. Higgins, Michael D. O’Keeffe, Jim. Howlin, Brendan. O’Shea, Brian. 779 Order of 9 March 2006. Business 780

Nı´l—continued

O’Sullivan, Jan. Sargent, Trevor. Penrose, Willie. Stagg, Emmet. Perry, John. Stanton, David. Quinn, Ruairı´. Twomey, Liam. Rabbitte, Pat. Wall, Jack. Ring, Michael.

Tellers: Ta´, Deputies Browne and Curran; Nı´l, Deputies Kehoe and Stagg.

Question declared carried. Mr. Kenny: I welcome the Minister back to the House. Ta´ fa´ilte mho´ r roimhe. This is the An Leas-Cheann Comhairle: Is the proposal Minister—— that the Da´il, on its rising today, shall adjourn until 2.30 p.m. on Tuesday, 21 March 2006 An Leas-Cheann Comhairle: Order, please. agreed to? Mr. Kenny: This is the Minister who today sur- Mr. Kenny: I do not agree to the proposal that mised that Donna Cleary would not have been the Dail adjourn today until Tuesday, 21 March murdered if the warrant had been executed for 2006. As I said yesterday, Donna Cleary was mur- the arrest—— dered in the suburbs of Dublin city. 11 o’clock Anarchy rules in parts of the city and Mr. McDowell: Deputy Kenny is convincing its suburbs. Clearly, there is a need nobody and he is making a fool of himself. I sug- for strong, deterring legislation in respect of the gest he sits down. When the Minister, Deputy gun culture properly identified by the Minister O’Donoghue, brought them in the Deputy for Justice, Equality and Law Reform. Emer- opposed them. You are a shower of hypocrites. gency legislation was introduced in this House on immigration, ground rents and payments in Mr. Kenny: ——of the person alleged to have respect of long-stay patients in public hospital murdered her. You are the Minister but with your beds. Some 20 to 25 sections of the Criminal academic snobbery and intelligence you do not Justice Bill deal with gun culture. I object to this know what is happening on the streets. on the basis the Da´il should meet on next Tues- day and Wednesday. Those Members who will be Mr. McDowell: Frauds. You are a pack of away all over the world will be very far removed frauds, the lot of you. from the anarchy on the streets of this city when they are representing their country. Mr. Howlin: The Minister does not know what he is talking about. Deputies: Hear, hear. An Leas-Cheann Comhairle: Order. Mr. Kenny: It might pay the Government far better, and we will facilitate it on this side of the Mr. Kenny: You can surmise all you like. House, if it wants to bring in emergency legis- Donna Cleary lies dead. lation to deal with this issue. An Leas-Cheann Comhairle: Deputy Kenny Mr. Glennon: You will fix it all next week. should address the Chair.

Mr. Kenny: We have had drunkenness and dis- Mr. McDowell: You opposed minimum sen- order on the streets of Dublin on St. Patrick’s tences when they came before this House. Day in the last number of years. We had riots in this city just a fortnight ago and the danger in Mr. Kenny: For your information Minister, on communities is palpable. The Government has Monday the Taoiseach said people were getting failed to protect people in the streets and now in out after seven years. their homes. I want the Government to bring in a special 20 section Bill dealing with gun legis- An Leas-Cheann Comhairle: Deputy Kenny lation. We will put it through this House next should address the Chair. week and send out a very clear message to all of those who—— Mr. McDowell: You opposed minimum sen- tences when they came before the House. Mr. McDowell: The Deputy opposed minimum sentences when they were last introduced. Mr. Kenny: No.

Mr. Kenny: I did no such thing. Mr. McDowell: Yes, you did. Read the record.

(Interruptions). Mr. D. Ahern: You opposed them. 781 Order of 9 March 2006. Business 782

Mr. Kenny: Today you claimed nobody gets Mr. Ring: Open up the Da´il. We are elected to out within 20 years. represent the people, not to be in Cheltenham or America. (Interruptions). An Leas-Cheann Comhairle: I call the Mr. Durkan: The Minister is a one man law Ta´naiste. reform commission. Mr. Ring: Does Deputy Carey remember what An Leas-Cheann Comhairle: Order, please. he told them in the High Court, that we were going to be sitting more—— Mr. Durkan: The Minister, Deputy McDowell, made—— Mary Coughlan: Deputy Ring will be glad to be in Mayo, in Deputy Kenny’s town. Mr. Kenny: I propose, a Leas-Cheann Comh- airle, that we all meet here next Tuesday and An Leas-Cheann Comhairle: Deputy Ring. Wednesday and deal with the legislation the Mr. Ring: Well we are sitting less since the end Minister for Justice, Equality and Law Reform of the dual mandate. has failed to bring through this House. An Leas-Cheann Comhairle: I call the Deputies: Hear, hear. Ta´naiste.

Mr. Durkan: The Minister for outrage. We hear Mr. Ring: We should open up the Da´il. That is from him often. what we were elected for. We should forget about Cheltenham and America. Does Deputy Carey Mr. McCormack: Give him a drink of water. remember what he told them in the High Court? I will get if for him. I will tell him exactly what Mr. Sargent: We are being asked to turn St. he told them in the High Court. Patrick’s Day into St. Patrick’s week, which is unique for most people in this country who An Leas-Cheann Comhairle: Order, please. expect next Friday to be the only day that is a holiday. This Da´il should start to recognise that Mr. Ring: He said he will be sitting more, well outside this House this is completely we are sitting less since the end of the dual unacceptable, regardless of the explanations mandate. being put out that some Members are going to be on the other side of the world and therefore we Mr. McCormack: The Minister for Justice, all have to mark time. Equality and Law Reform is the most deserving.

Mr. Ring: At Cheltenham. An Leas-Cheann Comhairle: Deputy Ring, order, please. I call the Ta´naiste. Mr. Sargent: The reality is that many issues face this country. We heard about the 495 people The Ta´naiste: A Leas-Cheann Comhairle—— on trolleys and record levels of problems in the health service. I am sure the Ta´naiste and Mini- Mr. Ring: Does Deputy Carey remember what ster for Health and Children would appreciate if he told them? I will get if for him. we were here next week. I ask her to review the situation that is being proposed. With the levels Mr. O’Donoghue: Enda always had a non- of amnesia on Government benches—— runner. Mr. Ring: He said what the Government told Deputies: Hear, hear. him to tell them, that we would be sitting on Monday, Tuesday, Wednesday and Thursday. Mr. Sargent: ——there is every likelihood the ´ Government will forget where the Dail is if they An Leas-Cheann Comhairle: Deputy Ring is are off for a week. out of order.

Mr. F. McGrath: It is hypocrisy. The Minister Mr. Ring: We will not even be sitting on the for Justice, Equality and Law Reform—— days we should be sitting.

Mr. Sargent: We need to remind people that A Deputy: He will have a heart attack. this is where the work gets done and this is where people should be attending. To be off for a week Mr. Ring: I suppose Deputy Davern will be is unacceptable. There is no reason for it and we going to Cheltenham. should reject it here and now. Mr. Davern: No, but I was in favour of keeping Deputies: Hear, hear. Ballinrobe open as well. 783 Order of 9 March 2006. Business 784

Mr. Ring: Ballinrobe only operates on a Sun- Mr. D. Ahern: Hear, hear. day and you would not go on a Sunday. You only go when the Da´il is sitting. Mr. McCormack: St. Patrick’s Day is on Friday.

An Leas-Cheann Comhairle: Order, please. I A Deputy: Maybe we could bring in the Mini- call the Ta´naiste. ster for Justice, Equality and Law Reform.

Mr. Davern: The Deputy is wrong. The Ta´naiste: I said to Deputy Kenny yester- Mr. Treacy: We could do a donkey derby. day the Minister for Justice, Equality and Law Reform will be bringing forward legislation in the The Ta´naiste: As Members are aware, it has next two weeks or so in regard to the issues he been a long tradition—— raised.

Mr. McCormack: Cheltenham. Mr. McCormack: He would want to bring for- ward something to control himself. The Ta´naiste: ——including when Deputy Kenny was a Minister, for members of the Question put: “That the Da´il, on rising today, Government to join Irish groups and associations shall adjourn until 2.30 p.m. on Tuesday, 21 in various parts of the world—— March 2006 be agreed”.

Mr. Gogarty: What about the rest of us? The Da´il divided by electronic means.

Mr. Allen: We did not have people being shot Mr. Kehoe: As many Ministers are going to in the streets. They were different times. Cheltenham next week, I would like them to undertake some exercise by walking up the steps. The Ta´naiste: ——around our national feast As a teller, therefore, under Standing Order 69 day to help to promote this country’s business and tourism. I propose that the vote be taken by other than electronic means. Mr. D. Ahern: Hear, hear. An Leas-Cheann Comhairle: As Deputy Mr. Gogarty: That was before the Internet. Kehoe is a teller, under Standing Order 69 he is entitled to call a vote through the lobby. The Ta´naiste: It has been highly successful for many years. Question again put.

The Da´il divided: Ta´, 61; Nı´l, 39.

Ta´

Ahern, Dermot. Haughey, Sea´n. Ahern, Noel. Hoctor, Ma´ire. Andrews, Barry. Jacob, Joe. Ardagh, Sea´n. Kelly, Peter. Brady, Johnny. Killeen, Tony. Brady, Martin. Kirk, Se´amus. Breen, James. Lenihan, Brian. Brennan, Se´amus. Lenihan, Conor. Browne, John. McDowell, Michael. Callanan, Joe. McEllistrim, Thomas. Carey, Pat. McGuinness, John. Carty, John. McHugh, Paddy. Cassidy, Donie. Moloney, John. Cooper-Flynn, Beverley. Moynihan, Michael. Coughlan, Mary. Mulcahy, Michael. Cowen, Brian. Nolan, M.J. Cregan, John. O´ Fearghaı´l, Sea´n. Curran, John. O’Connor, Charlie. Davern, Noel. O’Donnell, Liz. Devins, Jimmy. O’Donoghue, John. Ellis, John. O’Flynn, Noel. Fahey, Frank. O’Keeffe, Ned. Finneran, Michael. O’Malley, Fiona. Fitzpatrick, Dermot. O’Malley, Tim. Fleming, Sea´n. Smith, Michael. Fox, Mildred. Treacy, Noel. Gallagher, Pat The Cope. Wallace, Mary. Glennon, Jim. Wilkinson, Ollie. Grealish, Noel. Woods, Michael. Hanafin, Mary. Wright, G.V. Harney, Mary. 785 Order of 9 March 2006. Business 786

Nı´l

Allen, Bernard. McGinley, Dinny. Boyle, Dan. McGrath, Finian. Bruton, Richard. Mitchell, Olivia. Burton, Joan. Moynihan-Cronin, Breeda. Costello, Joe. Neville, Dan. Cowley, Jerry. O’Keeffe, Jim. Deasy, John. O’Shea, Brian. Deenihan, Jimmy. O’Sullivan, Jan. Durkan, Bernard J. Penrose, Willie. English, Damien. Perry, John. Gilmore, Eamon. Quinn, Ruairı´. Gormley, John. Rabbitte, Pat. Higgins, Joe. Ring, Michael. Higgins, Michael D. Shortall, Ro´ isı´n. Howlin, Brendan. Stagg, Emmet. Kehoe, Paul. Stanton, David. Kenny, Enda. Twomey, Liam. Lynch, Kathleen. Upton, Mary. McCormack, Pa´draic. Wall, Jack. McEntee, Shane.

Tellers: Ta´, Deputies Browne and Curran; Nı´l, Deputies Kehoe and Stagg.

Question declared carried. since sunk. The Ta´naiste will have seen figures in this morning’s newspapers which show we have Mr. Kenny: I ask the Ta´naiste to comment on reached the worst position ever. Overcrowding is and clarify a matter. It is deplorable that more no longer concentrated in a small number of than 500 people were on trolleys and chairs yes- hospitals but scattered throughout the country’s terday due to overcrowding in hospitals. When hospitals, with just short of 500 people on trolleys. the Ta´naiste became Minister for Health and Patients are being fed at the entrance to toilets Children she made a commitment to deal with and accommodated in a fashion which is not overcrowding within months and published a ten- acceptable in a civilised society. point plan, which is now in tatters. Is it not the The picture is worse now than when the case that in October 2004, when 180 people were Ta´naiste launched her ten-point plan in on trolleys, the establishment of a similar task November 2004. It is a crisis and while I am not force, including a plan to deal with accident and predisposed to doing so, I would be minded to emergency departments over an 18-month ask for her resignation were she not the pick of period, was proposed to the interim Health the clapped out group of burnt out Ministers who Service Executive? If the proposal had been accompany her on the Government side. This accepted, we would be 18 months further on than matter must be addressed. Setting up another the task force the Ta´naiste now proposes to task force and using more verbiage and rhetoric establish. when people are being accommodated without In respect of No. 56 on the legislative prog- dignity in uncivilised circumstances and staff are ramme, what definite objectives and targets will unable to provide the kind of care they would like the Government achieve in the foreseeable future to give is unacceptable. This is the lowest point to deal with the scandalous and appalling situation of 500 people being left on trolleys and we have reached in nine terrible years of the chairs in hospitals throughout the country? It is Government’s management of the health service. scandalous that nurses, patients and doctors face the kinds of pressures reported in today’s Mr. Gormley: Almost 500 people are lying on newspapers. trolleys in appalling conditions in what is, accord- ing to the Government, one of the wealthiest Mr. Rabbitte: On the same issue, I ask the countries in the world. On taking office as Mini- Ta´naiste if she recognises these words: ster for Health and Children, the Ta´naiste told us she would deal with the crisis in accident and People will judge our health services by acci- emergency services and, as the previous speaker dent and emergency services... I expect real and noted, stated this would be the litmus test of her measurable improvements to take place in the tenure in office. She established the Health coming months in the delivery of accident and Service Executive to deal with the accident and emergency services... Accident and emergency emergency crisis but it has worsened. She also departments form a litmus test for me, the stated she wanted to deliver a world-class health Government and the people... system. The position in hospitals throughout the They were spoken by the Ta´naiste on 26 January country shows that the health system, far from 2005 when the problem, bad as it was, had not being world-class, is worse than that of a Third reached anything like the level to which it has World country. It is appalling. 787 Order of 9 March 2006. Business 788

[Mr. Gormley.] An Leas-Cheann Comhairle: A brief question When will the Ta´naiste recognise that the prob- please. lem is one of capacity? The experts have told us that more acute and community care beds are Mr. Howlin: ——that Wexford General needed but the Ta´naiste has not delivered on her Hospital had 35 people on trolleys. Only 21 promises in this regard. It is time she delivered beds—— although I do not believe she will be able to do so before the next general election. The elect- An Leas-Cheann Comhairle: We cannot dis- orate will have to judge her on her handling of cuss each general hospital. the accident and emergency crisis, an issue on which she has lost the plot and is out of her depth. Mr. Quinn: Why not? I hope that instead of establishing another task force she will inform the House of her proposals Mr. Howlin: May I finish my sentence? Some to deliver extra beds. 21 beds have been provided. An Leas-Cheann Comhairle: It is not in order Caoimhghı´nO´ Caola´in: The Ta´naiste is presid- on the Order of Business. ing over an escalating crisis in our hospitals. The Irish Nurses Organisation has called on the Mr. O’Donoghue: Pay a bit of respect to the Cabinet sub-committee on health to meet to rules of the House. address this crisis. Has the Ta´naiste arranged for such a meeting to take place? It is the least that Mr. Howlin: The Minister from County Kerry should happen. With a Cabinet sub-committee in may be satisfied with his hospital but we are not place, we do not need further task forces or what in County Wexford. can only amount to a token effort and charade but real action to address the current crisis. In Mr. Penrose: They are so smug over there, they November 2004, when launching her ten-point do not want to hear anything. plan, the Ta´naiste stated: “Our ten accident and emergency actions will help patients and their Mr. Howlin: The Minister of State at the families well beyond the accident and emergency Department of Communications, Marine and departments”. The reality of the past week was Natural Resources, Deputy Browne, who is sit- that people were unable even to access some acci- ting behind the Ta´naiste, is aware of the issue dent and emergency departments. It was not only because we met with hospital staff last week and an issue of beds but of people who could not even jointly promised to raise to raise the issue here. I get trolleys. It is absurd in this Ireland of plenty keep my promises to the people of County people are suffering within the health system. Wexford. Now is the time to concretely address this issue. Additional capacity of in excess of 2,500 beds is Mr. Penrose: Hear, hear. needed to resolve the problem but nobody should say that is not achievable. In my community, a Mr. Howlin: Some 21 beds will be provided but situation arose recently in which 26 beds were 35 people are on trolleys. When they are pro- removed and photographs in my local newspaper vided, they will not even address the current revealed they were dumped at the side of the shortages. I ask the Ta´naiste—— hospital building. That is incredible but it is the reality. It is time for the Ta´naiste to take back the Mr. Penrose: The Minister for zero beds. reins of responsibility because she cannot con- tinue to wash her hands of blame like Macbeth. Ms Lynch: There should be zero tolerance. She is the Minister and the people expect her to An Leas-Cheann Comhairle: Order, please. take responsibility and to act accordingly. Mr. Howlin: ——who I genuinely respect, to Mr. Howlin: On the same issue—— take charge of this because the HSE’s view——

An Leas-Cheann Comhairle: There is no pro- Mr. O’Donoghue: The first Labour Party vision for a debate on the Order of Business. leader never to be a Minister.

Mr. Howlin: With the indulgence of the Leas- An Leas-Cheann Comhairle: It is not in order Cheann Comhairle, I wish to raise one further to have a debate on the Order of Business. point which the Ta´naiste may wish to address in her response. Mr. Howlin: While the Minister from County Kerry may think it a laughing matter that people An Leas-Cheann Comhairle: No. are on trolleys, I can tell him the general public disagrees. Mr. Howlin: It can be seen from the figures published yesterday—— Mr. Penrose: It is a most serious matter. 789 Order of 9 March 2006. Business 790

An Leas-Cheann Comhairle: The Ta´naiste to The hospital is in a state of chaos, even though respond. two wards are idle and await the Ta´naiste’s sanc- tion to tender for work on them. The plans are in Mr. Allen: On the same issue—— place and I appeal to her to intervene directly in this matter. Dr. Cowley: I have to speak because—— Right across the board, the privatisation of cleaning services in hospitals has resulted in dirty An Leas-Cheann Comhairle: The Deputy is hospitals. That also needs to be addressed. totally out of order. An Leas-Cheann Comhairle: Allow the Dr. Cowley: ——a man has been waiting for a Ta´naiste to respond. bed in Mayo General Hospital since last Thurs- day. His consultant in Castlebar thinks he should Ms O’Sullivan: On the same issue—— be in hospital in Galway for a consultant haema- tology bed. The consultant haematologist in Mr. Penrose: On the same issue—— Galway, Dr. Dwyer, wants to accept him but no beds have been available since Thursday. This Ms O’Sullivan: There are plans in place to man is 77 years of age and is now dying of which the Minister merely needs to give her advanced anemia. Even if a bed is provided for sanction. him today, he will not be able to take advantage of it because hospital staff believe he has become An Leas-Cheann Comhairle: There is no pro- unfit for travel. These are real problems—— vision for a debate on this matter.

An Leas-Cheann Comhairle: I ask the Deputy Mr. Penrose: Of course there is. The Ta´naiste to resume his seat. is here to provide an explanation.

Dr. Cowley: ——and real people. I am sorry An Leas-Cheann Comhairle: There is no pro- for speaking on this matter but parliamentary vision for debate on the matter. questions should be asked throughout the sum- mer so that we can deal with these ongoing prob- Ms O’Sullivan: For example, there is a medical lems because shortages of beds do not simply go assessment unit—— away during Da´il recesses. Yesterday, there were 17 beds in UCHG and 12 in the urgent Mr. Penrose: It is not a debate. We are asking hospital—— questions.

An Leas-Cheann Comhairle: I remind Mr. Howlin: Doctors have stopped referring Deputies that they are using up the time allocated people to hospital because they know that only to the Social Welfare Law Reform and Pensions trolleys are available. Bill. Mr. Kehoe: One cannot even get on a waiting list in County Wexford. Dr. Cowley: ——yet this man cannot find a bed. An Leas-Cheann Comhairle: I call on the Ta´naiste. Ms Lynch: I promise to be brief. I do not want to be specific, although 49 people remain on trol- Mr. Howlin: It is a scandal. leys in Cork. Does the Ta´naiste believe the crisis has reached such a stage that it is now imperative An Leas-Cheann Comhairle: The Deputies are for her to introduce a Supplementary Estimate to completely out of order. deal with it? I accept we should travel abroad on St. Patrick’s Day but, given that desperately ill Ms O’Sullivan: The Ta´naiste should tell us people are being cared for on trolleys and chairs, exactly what she is going to do and when she is the last thing the Ta´naiste should do this week is going to do it. leave the country. Does she seriously intend to depart the country despite the crises in the health Mr. Durkan: I support that. service? Will she deal with this appalling situation now rather than leave it to Professor Drumm, Ms O’Sullivan: We have been hearing about who clearly does not accept the argument that this issue for the past year and longer, yet nothing capacity is at the heart of the matter? is happening on the ground to make a difference to patients on trolleys. An Leas-Cheann Comhairle: The Deputy promised to be brief. Mr. Howlin: It is getting worse.

Mr. Stagg: On the same issue, the hospital in Mr. Allen: Will the Ta´naiste tell us whether the Naas has 24 patients on trolleys, which represents people who are waiting to be put on waiting lists the lowest number there for a considerable time. will form part of the statistics being compiled by 791 Order of 9 March 2006. Business 792

[Mr. Allen.] Mr. Stagg: It must be a disease the Progressive the Health Services Executive? When will we see Democrats has contracted. the official waiting lists which seem to have been buried behind a wall of secrecy? There should be Mr. D. Ahern: Fascists. Let the Ta´naiste three categories, the first two comprising those answer. waiting for surgery and outpatient appointments. The third list, which is as long as my arm, should The Ta´naiste: I am more than happy to take consist of people awaiting outpatient responsibility and ensure that problems are appointments. addressed. We have trebled the number of acci- dent and emergency consultants, employed 7,500 Mr. Penrose: Can the Ta´naiste properly more nurses in hospitals, opened 1,100 additional explain why people in Counties Longford and beds in four years—— Westmeath had to wait nine and a half years for 103 additional beds in Mullingar General Mr. Stagg: Open the wards. Hospital? Is not the root cause of the problem the failure to provide beds? The Ta´naiste: ——and have 2,200 more dental and other medical staff. Mr. Stanton: That is right. Mr. Gormley: The population has increased, Mr. Penrose: That is why people are in corri- however. dors and on trolleys. It is a disgrace. Members of the Government arrive for photograph oppor- The Ta´naiste: The situation is changing. At tunities, then disappear like snuff at a wake. Staff, present, more than 100 beds are closed in our including nurses, attendants and ambulance driv- acute system because of the vomiting bug. That ers, are left to carry the can for this Government. represents a considerable loss of capacity. It is time for it to stop engaging in its hypocriti- cal cant. Mr. Durkan: The Ta´naiste will not open them.

The Ta´naiste: I was asked by Deputy Kenny The Ta´naiste: More than 100 beds across the about legislation to establish the Health Infor- country are closed. If we want to hear from an mation and Quality Authority. On Tuesday, the expert, let us listen to Dr. Lane, an accident and Government approved the heads of that Bill and emergency consultant in Letterkenny hospital, it is being published for an eight week period of who agreed there are pressures but believes there consultation, which will lead to better debate in is light at the end of the tunnel and that change this House. It is hoped we will have the full Bill is taking place. by the summer recess. Accident and Emergency is a priority. Pro- Mr. Gormley: Give Letterkenny their 70 beds. portionately speaking, we have the same number of beds as the UK, even though our population The Ta´naiste: However, change will only take of over 65s is 11% as against 17%. place when we deal with issues in each hospital. Tallaght Hospital, which I know well as does Mr. Boyle: That makes no difference. The pro- Deputy Rabbitte, had a 1.9% increase for the portions are the same. accident and emergency department, and some weeks ago it had a 300% increase in the numbers The Ta´naiste: It is not only a matter of capacity of people on trolleys. When representatives from but also of how we make use of it. That is why the National Hospitals Office went into that the HSE is working—— hospital and worked with people there, they were able to make dramatic improvements. Mr. Gormley: The experts do not say that. Discharge policies vary significantly from hospital to hospital. Unless we use the capacity Mr. D. Ahern: Let the Ta´naiste answer. provided by the taxpayer as effectively as pos- sible, no amount of new beds will ever solve the Mr. Gormley: That is the truth. problem.

Mr. D. Ahern: The Opposition has been heck- Mr. Treacy: Hear, hear. ling for half an hour. Let the Ta´naiste answer. The Ta´naiste: That is the reality. I hope I have Mr. Penrose: The Ta´naiste is blaming everyone the support—— in the world except herself. Mr. Gormley: Why is everybody saying we The Ta´naiste: I am not blaming anybody. need more beds in the system?

Mr. Howlin: Listen to what the hecklers are The Ta´naiste: Not everybody is saying we need saying. more beds in the system. 793 Order of 9 March 2006. Business 794

Mr. Gormley: According to the main experts, An Leas-Cheann Comhairle: I ask the Deputy it is a capacity problem. to be brief.

The Ta´naiste: We have provided 1,100 more Mr. J. Higgins: In the forthcoming week, there beds. The issue is also about how the beds are will be women from the likes of Somalia and Nig- used. eria seeking permission to make lives here for themselves and their children. Will the Ta´naiste Mr. Durkan: Why are people on trolleys? give some signal to those people, who have been enduring great trauma like our own people in the Mr. Ring: The programme for Government United States, that they will be allowed to make agreed by the Progressive Democrats and Fianna a future for themselves? Fa´il indicated we would have a legal ombudsman. When will legislation be produced and when will The Ta´naiste: With regard to the legal ombuds- the position be established? Two solicitors sitting man, we will have the legislation this session, and beside the Ta´naiste may not want it, but the the heads of the Bill were approved by Government some time ago. With regard to public does. When cases are referred to the Law undocumented Irish at the rally in Washington Society, the public does not want it to be a case DC yesterday, I understand Niall O’Dowd of solicitors looking after solicitors. We want a acknowledged the work of the Irish Government legal ombudsman, an independent person to deal in this regard. The Taoiseach and all the Mini- with these cases. sters going to America will continue to lobby as forcefully as possible on the matter. Mr. D. Ahern: Perhaps there should be one for There is now a substantial number of foreig- auctioneers as well. ners living in Ireland and having good oppor- tunities. Mr. Ring: The Minister for Foreign Affairs is here this morning. The Taoiseach and many Mr. J. Higgins: They are seeking asylum. Ministers will go to America next week, and I ask that they meet a delegation from our Irish citizens The Ta´naiste: We have an asylum process abroad who are fighting for a way to allow Irish which is fair and reasonable. The law must clearly citizens who are currently illegally in America to take its course on the matter. remain there. I ask the Minister for Foreign Affairs if he will meet a delegation from these Mr. Quinn: There is one law for the Irish and groups. They are Irish citizens who just want to another law for other people. speak to the Minister and explain their plight. Mr. J. Higgins: That is a heartless response. An Leas-Cheann Comhairle: That is not appro- priate on the Order of Business. Mr. Bruton: We have heard a lengthy tirade from the Minister for Justice, Equality and Law Mr. Ring: I would hope the Minister will do Reform abusing the Opposition, but when it this. The least we can do is meet our citizens comes to accounting for his stewardship in this abroad, even if we cannot do anything else. I ask House, he is rarely found. that the Minister, with the Taoiseach, would Mr. Allen: Hear, hear. make the case on St. Patrick’s day for Irish people who are illegally in America. Australia was Mr. Bruton: He speaks of being the meat in the treated as a special case, and that country sandwich, but the meat is cut from a very hard received 10,500 visas last year. We want 30,000 or neck. I wish to ask the Ta´naiste about the product 40,000 for our Irish illegals. from some of this meat. Looking at the programme for Government Mr. J. Higgins: On the same subject, thousands produced in 2002 by the Progressive Democrats, of Irish people demonstrated in Washington DC we were to have major reform of criminal law yesterday, and their illegal status is the cause of laying down uniform guidelines and principles massive trauma in their lives because of the with regard to punishment of offenders. We were uncertainty of their awful situation. I ask the to have a law that would radically overhaul fines, Ta´naiste if the Taoiseach and Minister for For- and a nationwide indictable crimes court which eign Affairs will bring any fresh proposals to would reduce the delay between charging and Washington DC in order to have a right for tens trial. We were to have new legislative provisions of thousands of our people in difficult circum- to deal adequately with crimes committed by juv- stances to remain and make their lives in the eniles, including provisions to update sentencing, United States, where they have been living for rehabilitation and training. We were to have many years. powers for the DPP to appeal against lenient sen- Considering we are trying to look after our own tences in the District Court. These are just a few diaspora, with regard to the relatively few here of the commitments made in the PD manifesto from the diaspora of other countries—— and reflected in the programme for Government 795 Order of 9 March 2006. Business 796

[Mr. Bruton.] Mr. Boyle: Will the Ta´naiste reply to the which I noted while sitting here listening to the second part of my question? debate about which we have seen nothing in this House in four years. The Ta´naiste: I am not aware of the contents The Minister for Justice, Equality and Law of the legislation and this is not the opportunity Reform has come in and abused other Members to discuss the matter. but he will not deliver on the issues he has com- mitted to. Instead he goes to his office and issues Mr. Durkan: The European Commission pub- a press statement. There is an issue of account- lished its Green Paper on energy, and the OECD ability. Today, somebody being investigated with has commented similarly. The Deloitte & Touche regard to a very serious crime in my constituency report has been presented to the relevant Mini- has walked away from the investigation because ster. So far, no response on the matter has come of a technicality. This is not acceptable. The Mini- from Government. Will the Ta´naiste indicate if ster for Justice, Equality and Law Reform cannot the Deloitte & Touche report will be published, lecture all those around him, speak of a water- and if the relevant legislation, the single elec- shed in the approach to crime, and yet produce a tricity market Bill, will be brought into the House dismal record on relevant commitments made as early as possible to generate the necessary four years ago to tackle some of these issues. debate? It has come to my attention and that of numer- The Ta´naiste: The Deputy has the list of prom- ous people the number of occasions that Mini- ised legislation and referred to many Bills. There sters cosy themselves into chat shows in the has been much legislation relating to the Depart- national broadcasting service. As this is in breach ment of Justice, Equality and Law Reform. of broadcasting Acts, I wish to inquire——

Mr. Bruton: I was speaking about those men- An Leas-Cheann Comhairle: This is not appro- tioned in the manifesto, none of which are priate to the Order of Business. implemented. Mr. D. Ahern: The Deputy has been on The Ta´naiste: There will be substantial legis- Vincent Browne’s show himself. lation over the remaining life of this Government, including the issue mentioned earlier regarding Mr. Durkan: I hope the Minister has not been the legal ombudsman and the firearms legislation, to RTE making representations on behalf of which we will have in two weeks. There will be them. more matters like this. The Minister for Justice, Equality and Law Reform has a large volume of Mr. D. Ahern: The Deputy will be ringing the legislation, as the Deputy knows. Angelus bell next.

Ms Lynch: It is all crisis stuff. Mr. Durkan: Somebody from the Government is clearly making constant contact with the auth- Mr. Stagg: The people have been abandoned. orities in RTE to impress upon them the need to have Ministers accommodated on soft cosy chat The Ta´naiste: Among other things, he is con- shows to promote Government policy. This is in solidating the Intoxicating Liquor Act 2000 and breach of legislation. The public broadcasting other matters that have not been previously con- service is not the preserve of Government but of sidered. He has a major programme of reform the people. Everybody is entitled to equal treat- under way. ment. Who has been in touch with RTE?

Mr. Bruton: He has a large volume, but it is An Leas-Cheann Comhairle: That question is mostly a tirade of abuse. not appropriate to the Order of Business.

Mr. Boyle: On the subject of the rabid rant of Mr. Durkan: What arrangements have been the Minister for Justice, Equality and Law entered into, by whom, and under what Reform, can the Ta´naiste explain if the defa- conditions? mation Bill will come before the House before the end of this session, as promised? Will the Bill Mr. O’Donoghue: The Deputy should try to get contain references regarding defamation made on “The Podge and Rodge Show”. under Da´il privilege? Has the Ta´naiste taken the opportunity to talk to her colleague about cor- Mr. Durkan: The Minister should look after recting the Official Report with regard to the zero tolerance, his legacy to this State. statement made by the Minister on 12 December in the House, which subsequently has been shown An Leas-Cheann Comhairle: The question is to have misled the House? not appropriate to the Order of Business.

The Ta´naiste: That Bill will be introduced this Mr. Durkan: May I have a reply, as there were session. two questions? 797 European Council Decision: 9 March 2006. Motion 798

An Leas-Cheann Comhairle: The last question Mr. Allen: It refers to the aviation regulation is inappropriate to the Order of Business. Bill. It is too serious for such confusion.

Mr. Durkan: The first question is appropriate. The Ta´naiste: It is my and the Government’s strong view that the three airports should have The Ta´naiste: The energy Bill will be later this the commercial freedom to operate in compe- year. The Minister and his officials are currently tition with each other and should have a fair wind considering the Deloitte & Touche report. to their back. That is what I said in Cork. Con- sultants have been appointed, I am not sure if by Mr. Quinn: Will the Ta´naiste indicate when the Minister, to examine the break-up of the com- Committee Stage of the Building Control Bill pany and how its assets and liabilities are to be 2005 will be taken? assigned. I understand Mr. Hugh Cooney is in charge and will report shortly. The Ta´naiste: I do not know that. I will get back to the Deputy. Mr. Kenny: I raise this matter because the Minister for Foreign Affairs is present. Last year Mr. Quinn: Other legislation we await is the the Government rightly facilitated the family of Water Services Bill, which has been with the the late Detective Garda McCabe to lobby for its Department of the Environment, Heritage and case in the White House. Last night the Minister Local Government for a year but has not yet for Foreign Affairs pointed out that the Govern- come before the Select Committee on the Envir- ment is assisting the family of murdered solicitor onment and Local Government. What responsi- Pat Finucane to arrange meetings in America. bility does the Chief Whip’s office have for ensur- Last year Joseph Rafferty was murdered in this ing that legislation passed on Second Stage in the city. Will the Ta´naiste confirm that his family, in particular his sister, Mrs. Esther Uzell, has been House is vigorously progressed to Committee put forward on a list from the Department of For- Stage? We could deal with it next week. eign Affairs to the Irish Embassy in Washington for an invitation to the White House—— The Ta´naiste: Normally the line Minister and the committee try to arrange time. I will ask the An Leas-Cheann Comhairle: That is not appro- Minister responsible and the Chief Whip about priate to the Order of Business. the Bills in the Department of the Environment, Heritage and Local Government. Mr. Kenny: ——so that truth and justice can be delivered over the death of her brother? A list is Mr. Quinn: In reference to the Ta´naiste’s auth- forwarded to the Irish ambassador. Will the oritative performance yesterday on the location Ta´naiste, in the presence of the Minister for For- of the children’s hospital, am I correct that eign Affairs, confirm that every assistance will be \ approximately 41 million has already been spent given by the Irish Government to bring justice by Temple Street hospital on the site of the Mater and closure in respect of this murder also? Hospital, which may now be abandoned? The Ta´naiste: We will be as helpful as we can The Ta´naiste: I do not have the figure off the to any family in that situation. The Minister for top of my head but I assure the Deputy it is Foreign Affairs is not aware of the matter as nothing of that order because the work being nobody has brought it to his attention. done there has, in any event, to be done for the new Mater Hospital. Mr. Kenny: He is aware of the matter.

Mr. Allen: The Ta´naiste made a statement in Mr. Quinn: Absolutely incredible. Cork last Friday that Cork Airport should be debt free arising from the construction of the Mr. Kenny: He is asked every day. terminal. European Council Decision: Motion. An Leas-Cheann Comhairle: The Deputy may only ask about promised legislation on the Order Ta´naiste and Minister for Health and Children of Business. (Ms Harney): I move: That Da´il E´ ireann approves, in accordance Mr. Allen: The Minister for Transport, Deputy with Article 29.4.6° of Bunreacht na hE´ ireann, Cullen, says that is not so. Will the Ta´naiste clar- the exercise by the State of the option, pro- ify the position not only for me but for many vided by Article 3 of the fourth Protocol set people in Cork and the carriers that use Cork out in the Treaty of Amsterdam, to notify the Airport? President of the Council of the European Union that it wishes to take part in the adop- An Leas-Cheann Comhairle: What legislation tion and application of the following proposed does the question refer to? measure: 799 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 800

[Ms Harney.] ment. I take the point that it is a small number proposal for a Council decision on the and we will keep the matter under review. accession of the European Community to the Hague Conference on Private International Mr. Penrose: I accept that. The number is Law, declining and we do not want people to be disadvantaged. The amendment was designed to a copy of which proposed measure was laid ensure things are updated on a regular basis. before Da´il E´ ireann on 5 January 2006. Amendment, by leave, withdrawn. Question put and declared carried. Mr. Penrose: I move amendment No. 2: Social Welfare Law Reform and Pensions Bill In page 5, between lines 15 and 16, to insert 2006: Report and Final Stages. the following: Mr. Penrose: I move amendment No. 1: “1.—The Minister shall within 6 months In page 5, between lines 15 and 16, to insert from after the passing of this Act prepare the following: and lay before both Houses of the Oireachtas a report on the effect and oper- “1.—The Minister shall within 6 months ation of means tests overall in the social wel- from after the passing of this Act prepare fare system and in particular in relation to and lay before both Houses of the the carer’s allowance.”. Oireachtas a report on continued anomalies affecting persons who were recipients of We cannot propose an amendment that would deserted wife’s benefit.”. have a monetary impact and this is one way of ensuring that the issue is addressed. Carers are an My colleague, Deputy Sea´n Ryan, has been very extremely important issue for the Labour Party insistent about this amendment. He indicated that and one on which we have articulated a particular only a small number of people are affected and vision. The amendment concerns the means test. eloquently articulated the exact anomaly to the Too many schemes operated by the Department Minister on Committee Stage last Tuesday. The of Social and Family Affairs are subject to means amendment proposes that the Minister deal with testing. It is a complex and bureaucratic system. anomalies whereby people could find themselves From a socioeconomic viewpoint we do not want in a worse situation as a result of some of the a regressive measure but the means test has been recent changes he has made. The number of burdensome, cumbersome and bureaucratic and people affected is declining and I ask the Minister has been an impediment to the recognition of to keep the matter under review, as he indicated carers. There are between 148,000 and 150,000 he would. carers and just under 25,000 now get carer’s allowance but not all of them receive the full Minister for Social and Family Affairs (Mr. amount. Brennan): I thank Deputies for taking the trouble It would be churlish of me not to recognise to table these amendments. I appreciate them and what the Minister has done for carers and, on will keep these matters under review. I take note behalf of the Labour Party, I acknowledge that. of what Deputy Sea´n Ryan and Deputy Penrose He has made substantial progress in the area. said. Now, just a further \145 million or \150 million Following the introduction of the one-parent are needed to abolish the means test. I know the family payment in 1997 the deserted wife’s Minister is not ideologically opposed to that but benefit was discontinued with effect from 2 wants to ensure the money does not go to multi- January 1997. The scheme for deserted wives millionaires. Unfortunately many carers and under social insurance has been retained in that those for whom they care are far from multi- entitlements already acquired in August 1992, millionaires. Those in that category should not when the earnings limit was introduced for new even think about asking the State to provide for claimants, and in 1997 when the one-parent them. If I were in that category, I would not do family scheme was introduced have been so but would hope my own children would look preserved. after me if they had the wherewithal. As Deputies know, the budget for 2006 Many of the 150,000 carers provide care on a increased the upper earnings limit for the one- 24-hour basis, seven days per week and 52 weeks parent family payment to \19,500 per year, an per year. I acknowledge the situation has been increase of \83 per week. As I said on Committee ameliorated by the Minister’s introduction of res- Stage, recipients of deserted wife’s benefit with pite care provisions, such as raising the limit to dependent children may transfer to the one- \1,200, and his widening of its scope so more than parent family payment if it is beneficial for them 30,000 will now receive the allowance. I would be to do so. There are only approximately 100 less than honest and engaging in political petti- deserted wife’s benefit recipients on reduced ness of the worst order, which the House should rates due to earnings, of which 48 would be eli- avoid where possible, were I not to acknowledge gible to transfer to the one-parent family pay- what the Minister is trying to do. 801 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 802

On behalf of the Labour Party to which the We should ensure this central issue is taken universality principle is fundamental, I urge the account of in relation to the carer’s strategy. Minister to recognise the need for a carer’s Therefore, I urge the Minister to examine this strategy in which that principle could matter. I know he cannot do so today but perhaps 12 o’clock be encompassed or embedded. All he can over the next number of months. We units of the Labour Party feel should reach a consensus on the matter if strongly in this respect. A local councillor tele- possible. phoned me last night and told me to tackle the issue. Every family in the State is affected by the Mr. Brennan: I acknowledge the Deputy’s com- carers issue and I am deeply committed to it. In mitment to this issue. In his contributions as the its report on carers, the Joint Committee on Chairman of the committee in question, he Social and Family Affairs, including its Govern- singled out carers as his top priority. As such and ment members, displayed deep commitment to due to his patent commitment, I owe it to him to this fundamental issue. I will not say when take the issue seriously. Government programmes will be negotiated but As the Deputy said, we have made substantial this matter will be on the cla´r and will not be progress. The means test for carer’s allowance has removed. The State is saving billions of euro as a been eased significantly in recent years, partic- result of the unselfish and compassionate work of ularly with the introduction of disregards for these people. spouses’ earnings. In budget 2006 we provided for The carer often grows more ill than the person an increase in the income disregard on the carer’s being cared for, or enters poorer circumstances allowance means test to \290 per week for a sin- because looking after the unfortunate person gle person and \580 per week for a couple from being cared for is strenuous work. This amend- April, which will ensure that a couple with two ment would facilitate keeping people in their own children will be able to earn up to \32,925 per homes, environments and localities, where they annum and still receive the maximum rate of were born and bred, grew up, worked and are carer’s allowance. The same couple will be able happiest. Members of the House were involved \ in a report of the National Economic and Social to earn up to 54,400 and receive the minimum Forum under the chairmanship of Dr. Maureen rate of carer’s allowance as well as the free travel Gaffney that indicated this is an important issue. and household benefits and the respite care grant. The NESF also examined an area in Holland We discussed the possibility of abolishing the where the cost of the provision of services in the means test and I have listened to the points made. “wrap around” system, including chiropody and I have an open mind in terms of the allocation of other services for the elderly, has dropped by up funds and will keep the matter under review. If I to 30% vis-a`-vis putting people into institutional want to invest an amount of money in the carer’s care. The clear outcome of the examination is allowance, the issue is one of whether it is the that it is cheaper and more cost effective in the best use of that resource. The Deputy is correct long term to keep people within their home that I will not be ideological in this regard. If a environments. measure makes sense, I will examine it. Due to At first glance the Minister may be surprised their costs, means tests are sometimes not worth and say the amendment is the antithesis of what having. the Labour Party stands for. However, the uni- The respite care grant scheme was extended in versality principle is important to the Labour June 2005 to all persons providing full-time care Party. Most carers are ordinary, working class and attention regardless of their means. It is a people in receipt of other benefits. We spent universal payment to which those persons who do much time speaking about accident and emer- not receive a carer’s income support payment gency units, beds and so on. This measure would from the Department are entitled subject to free up many beds within hospitals, caring insti- meeting the full-time carer condition. The respite tutions and elsewhere and would be an effective care grant was increased to \1,200 from June. The mechanism. A measure to devote another \150 number of claimants on the scheme is 24,981 at million to the carer’s allowance would save the an estimated expenditure of \223 million. The State between \600 million and \800 million. For number of respite care grants is 34,300 at an this reason, the allowance is cost effective. A expenditure of \34.3 million. carer’s strategy, which is important in this con- text, and a needs and assessment Bill have been Mr. Stanton: I wish to raise a related point on called for. I would support that Bill on behalf of this important issue regarding the carer’s allow- the Labour Party. ance and the need to make a report on a part- If it is good enough in Northern Ireland which icular matter, namely, older people who look has legislation underpinning the needs and assess- after spouses, parents, sons or daughters and are ment of carers and those being cared for, with in receipt of carer’s allowance. However, when statutory examination of circumstances, and at a they reach pension age, they are told they can time when the buzz words include North-South have one or the other but not both. In effect, they institutions and equality of treatment North and are told that their work as carers is no longer South, why can we not have such provision here? valued. They are entitled to pensions by virtue 803 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 804

[Mr. Stanton.] I was unable to confine it to State contributory or of their ages but, before reaching that age, were non-contributory pensions. The half rate would entitled to carer’s allowance. also have to be offered to many other categories This is unfair and wrong. I do not know how and this would lead to a substantial bill. This much it would cost the State to rectify but do not would also break the fundamental rule of the wel- believe it would be much. It is a great injustice. fare system, which allows one to move to a higher We are speaking about people of advanced years payment. This is easy to administer and works who are doing extra work. The carer often well throughout the system. We examined the becomes the person cared for due to the burden proposition for the half rate allowance because, placed on him or her. Can the Minister justify this in theory, the idea suggested works well. If one situation and what are his thoughts on the wishes to continue caring beyond 66, one can matter? Having got to know the Minister better receive the higher carer’s allowance. We must try in recent times, he is one of the more caring Mini- to implement additional measures in this area and sters in the Government. However, it is a glaring we will continue to monitor the situation even injustice that people of advanced years cannot get though the one payment principle makes it diffi- the carer’s allowance. The respite grant helps but cult to change. everyone involved in caring gets it, which I wel- I met the Caring for Carers organisation yester- come. Will the Minister address this issue and day. This group, based in County Clare, inform the House of how much it would cost to impressed upon me the need for a strategic allow people to retain all or part of the carer’s approach. I look forward to meeting this group allowance, as was once suggested? and other organisations to see how we can make progress. At present my Department considers Mr. Crowe: I wish to raise a few points in sup- carers as a group needing income support. Some port of the amendment. Carers are not invisible argue the payment should change to a more for- even though some think of their work as done in mal structure of compensation, such as a wage or the background. We all know family members or salary. This is a major change which we have not neighbours who are carers. Although they are a made at this point but which will be kept under part of the community the amount of work they review. do is underestimated because it takes place in people’s homes and is so great it makes it difficult Mr. Penrose: I urged the Minister to meet the for them to be active in the community. Carers Joint Committee on Social and Family Affairs so are invaluable. that consensus can be reached and progress can Sinn Fe´in has called for the abolition of the be made. Following his commitment to do so, I means test for carers. Previous speakers referred withdraw amendment No. 2. to the situation in the North and although posi- tive changes have been made in this State, we Amendment, by leave, withdrawn. should continue to examine the North as a model for changes to which we aspire. According to UN Amendment No. 3 not moved. reports this country is, per capita, the second rich- est in the world. The inequality in this State Mr. Penrose: I move amendment No. 4: affects many carers who provide an essential In page 5, between lines 15 and 16, to insert service. The State continues to expect people to the following: undertake this work and Deputy Penrose has referred to possible savings of \800 million. “1.—The Minister shall within 6 months I know of young people who are carers and from after the passing of this Act prepare their lives and careers are on hold. These people and lay before both Houses of the seek recognition of the work they do and the Oireachtas a report on a statutory indexation changes that have taken place over recent years of disregards.”. are insufficient. We should eliminate the means The Minister replied to Deputies Stanton and test for carers and calculate how much this would Sea´n Ryan on this issue on Committee Stage, cost, taking into consideration how much the stating that the increases have been far in excess State saves in the long run. of the consumer price index. However, this amendment refers to disregards rather than main- Mr. Brennan: I understand the point the stream benefits. I refer to the inflexibility of the Deputies are making. I examined the half rate system and the low threshold of secondary allowance before the budget, as recommended by benefits. The threshold for the retention of sec- the Joint Committee on Social and Family ondary benefits, such as rent supplement and Affairs, but I was unable to implement this back to school clothing and footwear, has measure. Instead, I increased the carers allow- remained unchanged since 1994 at \317.43, equiv- ance to \200. The State non-contributory pension alent to £250. This was never linked to inflation, is now \182 and the carer’s allowance for those which would have increased by \123 to \430. This over 66 years is \200. can result in a real loss of income if wages on The reason I could not implement this measure offer are above this threshold. The Minister’s pre- is because it would extend to other categories and decessor made changes to the conditions for eligi- 805 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 806 bility for rent supplement and this exacerbated Exchequer is bloated. They ask me to bring this the situation. Under the amended rules, a couple to the attention of the Minister. This scheme was ineligible for rent supplement and various should be reviewed in terms of the statutory training programmes if one person worked full- initiation of the disregards. A contributory pen- time, or 30 hours, regardless of wages. sioner with an ancillary pension from a local auth- A report was written by Conor Ryan of the ority, the ESB or CIE, for example, of more than Blanchardstown Area Partnership. It considered \51 per week, will lose the fuel allowance. The the barriers to those in receipt of rent sup- demographics indicate the number of people plement, living in private rented accommodation aged over 66 is rising so the numbers receiving and intending to find employment. I highly the fuel allowance should be increasing but are recommend this document and commend its decreasing. The reason for the decrease is that author. It examines the nature and prevalence of the threshold of \51 has not been changed. A barriers to employment in areas with national county councillor from County Kilkenny con- employment action plan clients. It provides case tacted me yesterday on this point. He asked if I study detail on FA´ S and the national employment had done anything on this issue. I was glad to be action plan clients, providing a brief outline of able to tell him I was on top of this issue because entitlement conditions that apply to rent allow- often that is not so. The threshold of \51 has not ance or medical cards. Many of us do not have changed in five years. time to investigate these cases although we meet The number of pensioners is unknown but 707 such people at our clinics. Disregards are an issue, fewer contributory pensioners are now eligible especially in respect of the inflexibility that arises for the fuel allowance than three years ago. They when they are not updated regularly. may be losing the fuel allowance because the \51 The Minister may not wish mainstream pay- threshold has remained stagnant with no ments to be included on the statutory indexation indexation over the past five years. A pensioner but could include the disregards. Indexing the dis- in receipt of a pension of \51.50 does not qualify regards would ensure that poverty traps would for the fuel allowance and loses out on the pay- not emerge as the unintended consequences of a ments. The fuel allowance is worth \9 a week. positive change made by the Minister. When the In some cases, the more a person earns, the less Minister is criticised by Deputy Crowe, Deputy they receive. Stanton or me he must wonder why we are com- It is difficult to ignore the essential point made plaining if he has granted an increase of \30, by Deputy Stanton that those people have made which is well in excess of inflation. When the their contributions over many years — otherwise Minister has taken two steps forward, the unin- they would not be in receipt of a contributory tentional consequences of his action move us one pension. If they had not worked in contributory step back. It happens because the disregard that employment, they would not be in receipt of a enabled those people to retain a secondary pension from the ESB or Iarnro´ dE´ ireann. The benefit is not concurrently moved. pensions from Iarnro´ dE´ ireann are very poor. It The Minister’s reply is that he cannot increase must have been the worst pension scheme ever it by 15% or 20% with inflation at 3% and I agree and every Deputy in the House will agree. My with him. I suggest tying the payment to the con- father worked for the local authority but his pen- sumer price index. sion was certainly better than the pension Deputy Stanton made a good point. Many received by people who had responsible positions people on contributory and non-contributory such as driving trains in Iarnro´ dE´ ireann and pensions receive the fuel allowance. The \9a Co´ ras Iompair E´ ireann. This is a significant point week is a lot better than what it was but it is still for many people who worked in that not enough. I remind the Minister that the last organisation. three week period was one of the coldest spells I ask the Minister to address the issue of the of the winter. The Minister may say this is the fuel allowance and the threshold of \51. I winter and when we were young, all of acknowledge the fair point he has made that if December, January and February was cold. indexation was applied to everything, many People are used to the climatic change which has people would lose out. I ask him to confine it to resulted in a balmy January. the ancillary allowances and benefits. I am worried that the number of contributory pensioners in receipt of the fuel allowance from Mr. Stanton: My colleague, Deputy Penrose, the Department has dropped every year since has made many points on my behalf and these 2003. Electricity prices have sky-rocketed by were raised on Committee Stage. more than 40% in the past four years and the I refer to the case of a gentleman in receipt of price of gas was increased by 25% in October. a small occupational pension. His wife is currently There are now 707 fewer contributory pensioners in receipt of the non-contributory State pension. eligible for fuel allowance than three years ago. His occupational pension means he exceeds the In 2001, 23% of contributory pensioners received income limit for the fuel allowance. It also the fuel allowance and this has dropped to fewer reduces his wife’s non-contributory pension by than 19%, at a time when people regard the \25 per week. He regards this as a double assess- Government as being awash with money and the ment which is unfair. 807 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 808

[Mr. Stanton.] stantial increases in family income supplement. It On the issue of disregards, I welcome the would not be wise to put indexation into legis- increase in the capital disregards but this does not lation and I do not believe the Deputy is asking impact on the occupational pension. If the man for that. Successive Governments in their budgets dies, his occupational pension dies with him and have done their best to assist vulnerable people his wife will no longer receive it. However, an and I hope that will continue. I take the point anomaly exists. If a pensioner couple have, for that thresholds and disregards must be reviewed example, capital of \56,000, and one person dies, regularly to ensure adequacy, determine whether the spouse will still be allowed access that capital. they keep up with inflation and earnings, and The anomaly is that of capital versus income and examine how they contribute to moving social the small occupational pension can be a signifi- policy in a particular direction. I will examine the cant disadvantage as opposed to having capital. case mentioned by Deputy Stanton. Under the earnings disregard this gentleman’s wife would be allowed earn \100 per week before Mr. Penrose: While I do not want to pursue her pension would be affected but she is very ill it I want to ensure that the failure to examine with cancer and cannot work. If the man was in disregards for a considerable time, more than ten receipt of a non-contributory State pension, his years on occasions, does not happen again. I wife’s earnings would not be used to reduce his accept the Minister’s commitment on that. pension. His occupational pension is used to reduce his wife’s pension. These anomalies need Amendment, by leave, withdrawn. to be examined. I ask the Minister to consider these points and come back to the House with Mr. Penrose: I move amendment No. 5: proposals to deal with these issues which seem to In page 5, between lines 15 and 16, to insert be unfair. the following: Mr. Brennan: I acknowledge that anomalies “1.—The Minister shall within 6 months exist throughout the system and we are trying our from after the passing of this Act prepare best to iron them out, within an overall philos- and lay before both Houses of the ophy of supporting people. On the issue of Oireachtas a report on the clawback policy indexation, the consumer price index rose by 34% by the State from the estates of the deceased in the past ten years, gross earnings rose by 65% of non-contributory pensions where the and social welfare rates increased by 84%. I assets were accrued exclusively or partly acknowledge the Deputy’s point about disregards from savings for pensions.”. is slightly different. Nevertheless, social welfare This old chestnut has been discussed for the past rates have increased almost three times the rate two years. Mr. Moran from Waterville in Cork of inflation and are substantially ahead of gross has been in constant contact with us on the earnings. Had an indexation clause been in place State’s clawback policy from estates of deceased for the past ten years, it would have cost social non-contributory pensioners when the assets welfare recipients dearly and I know that is not were accrued wholly or partially from pensioners what is intended here. saving their pensions. To receive a non-contribu- I also acknowledge that the disregard for lone tory old age pension one is means-tested parent’s allowance has not changed since 1997 thoroughly. It is a detailed scrutiny of pension and we have now made a substantial change. It is entitlement. Pensioners may build up a store of important to retain the flexibility of being able money by living frugally and saving the pension to move disregards around. It is sometimes good to which they are entitled. If such an accumu- policy not to increase them because it may be lation exceeds a certain threshold, which the preferable to be able to move people in a differ- Minister increased substantially in the last ent direction. The flexibility to move disregards budget, the money is the subject of a reassess- and thresholds around to bring about a better ment. This has occurred in a limited number of social policy is probably good because it allows cases from the mid-1990s until the Minister us to move people on to better places, as I have increased the threshold in the past year approxi- often explained to the House. mately. Although the scope is limited, this is an The increase in the capital disregard was from important issue that has caused great distress and \12,000 to \20,000. Deputies will be aware of the trauma for people who have been left behind. new disregard of earnings of \100 and the \20 up Some cases against the Department on how it from \7.60. The income disregard for the means handled the matter were won, with the appeals test for carer’s allowance has been increased from officer determining matters in favour of the appli- \290 for a single person and \580 for a couple. cants although the Minister said they were won This means a couple with two children can earn on narrow issues. \32,925. The lone parent’s allowance thresholds We must examine this issue using the equitable have increased from \293 to \375 with a tapering principle of tracing money to its source. If a per- relief included. The increase in the spouse’s son wins money and it contributes to a significant income disregard for entitlement to QAA has body of assets, that is identifiable. This is an increased from \88 to \100. There has been sub- increase in means and if the person fails to dis- 809 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 810 close it, I do not hold any brief for that. The Mini- tain amount they will be liable to have a reduced ster pointed out in a recent meeting of the Com- non-contributory State pension. The clawback mittee on Social and Family Affairs that the kicks in after they die. We should examine the money involved in this issue is significant, possibility that if a person proved that he or she approximately \5 million per year, more than \30 had no source of income other than the non-con- million in total. Many figures were mentioned tributory payment the clawback would not apply, during that meeting and the Minister broke them but if he or she had another source of income it down to make them suitable for us to absorb, would apply. If a person was very frugal — it which I tried to do. The Minister probably thinks would be difficult, but possible, to accumulate I will call for that to be distributed elsewhere, and that sort of money — I would feel sorry for him I cannot argue with that. However if one has or her because his or her lifestyle would suffer. already been assessed, saves money from one’s We must examine the reason people do this. pension and then dies, that money becomes the People are often afraid of getting old. They are subject of a reassessment. The State reassesses afraid of the high costs they might have to incur money it has already assessed. Once money is in their old age if they have to go into nursing identifiable and labelled surely it can be taken homes and so on. They are very worried about out. If there is \100,000, \30,000 of which arose that. That is why older people very often scrimp from pensions savings over 20 years, that \30,000 and save all the money they can, so they will have should be exempt from the clawback. The something to fall back on if the day comes. I remaining \70,000 which is unidentified or arose know the Minister is concerned about the social because of a windfall, for example from gambling aspects of social welfare and this is an issue as winnings or accident compensation, which was well. Older people really worry about what will not notified to the Department could be subject happen to them when they are on their own. Per- to the clawback. haps the family is not in a position to help and Mr. Moran made the point that the Depart- they do not want to be a burden, and so on. They ment is sometimes at fault because it does not save money and are in the position where they tell people this situation might arise. To forewarn have cash. It is no good to them really if they die people is to forearm them. There has been a bad and the money is in the bank. The Department information campaign to alert people. The starts clawing it back and there is nothing wrong Department did not entertain the argument as a with that as it is the law. However, if a person’s specific case. Some of the money that might be only source of income is the non-contributory pertinent to this has been subject to a Supreme pension, a mechanism should be found so the Court decision that it must be handed back and clawback does not arise. this may aggravate the situation. That is another An issue then is who benefits if there is no complex layer. The HSE may have kept the clawback. People’s savings, of course, will benefit money and now it will come back. How does that their relations. Where there is a will there is a fit into this scheme? It will be an interesting and relation, as my learned friend, Deputy Penrose, complex situation. The Department said funeral probably knows. Often there is more than one expenses and other miscellaneous outlays would relation. They seem to appear out of the wood- be allowed. It did not appear that this happened work. That issue must be considered as well. It is in the case Mr. Moran pursued on behalf of his complicated, but first we must ensure we look elderly friend. The independent appeals system after our old people better and remove many of decided in favour of Mr. Moran, vindicating the the fears they have. Then, in the cases of non- independence of the social welfare appeals office. contributory pensions as the sole sources of Mr. Moran has focussed in minute detail on the income, the Minister might examine how the core issues and brought to our attention the lack clawback might not be used. of transparency in the rules, proportionality and fairness. He feels that was how the appeals officer Mr. Brennan: Over the last six years the was convinced to rule in his favour. Under the Department has reviewed 9,474 such cases. I am consolidation of the Social Welfare Act new facts referring to the assets of deceaseds’ estates and and logical arguments should be taken into the number of means-tested pension cases for account. In many lone parent cases the appeals which the Department has assessed over- officers take situations into account in the round payments. The number found to have over- and I am glad to see appeals are successful. I payments was 2,326. As I said on Committee recently called for an amnesty and in the context Stage, that recovered \30.9 million. It works out where people can appeal this is a useful mechan- at around \5 million a year, on average, with ism. The Department has been remiss in dealing about 350 to 400 people affected per annum. An with this issue and I urge that it be examined in interesting point arises, which only came to my a compassionate and sympathetic context. That is attention recently. In determining whether a the least we can do. deceased person was overpaid, funeral, legal expenses and capital, that is, savings and invest- Mr. Stanton: We have debated this many times ment to the value of \10,000, are disregarded in and it is complicated. It is important that people the first instance. In addition, the standard capital realise that if they accumulate money over a cer- allowances, as previously outlined, are applied. 811 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 812

[Mr. Brennan.] I am pleased the two amendments are being This means there is a special disregard of \10,000 taken together. It saves me having to repeat for estates. I had not realised that. This should myself, which I do not want to do. help and perhaps, in the future, that might be a The Minister gave an illuminating reply to this way of tackling matters. on Committee Stage. I was using an example I Deputy Stanton made the point about taking a know of, which related to Kerry. I will use one different view as regards clawbacks, in cases relating to Waterford in a few minutes to illus- where the only income is a non-contributory pen- trate how important is the credit system. In the sion. Proof is difficult to establish in such cases Kerry case the wife of a self-employed man had and it could open up further issues for us, which motor neurone disease. As with many couples, I will not outline again. Enormous increases in the man stopped working and looked after his disregards for the elderly have been introduced wife. He was not self-employed on a large scale, in recent years, particularly in the recent budget, but it kept the couple ticking over. He got the for example the \20 change and the fact that a carer’s allowance and was very happy about that. pensioned couple can have \70,000 and still get a He was concerned that having dropped his self- maximum rate. That makes it less likely that they employment he was no longer able to accumulate will have these overpayments. Increasingly we are credits and there would be a big gap in his contri- trying to ensure social welfare means-testing bution record. I was seeking a carer’s credit from arrangements do not act as a disincentive to the Minister for the man who is carrying out this claimants who want to become savers. We do not work 24 hours a day, seven days a week to obvi- want to penalise regular savers in any way. At ate all those issues, as outlined by Deputies the same time we must ensure the system is fair. Stanton and Crowe in the House this morning. \ Obviously this will be kept under review. Keep- The Minister told me the payment of 253 per ing an eye on the \10,000 might be an angle that annum was similar to the child care supplement, we could pursue. another issue that he was dealing with, and that this could be paid. I believe that is what the Mini- Mr. Penrose: The Minister has made a good ster said and I hope I am not misinterpreting him. point. I wonder whether the \10,000 has to do Like all Deputies and spokesmen, my col- with the inheritance tax structure as opposed to leagues bring other cases to the Minister. where an agreed figure might be disregarded. Obviously the job of spokespersons in Opposition is to deal with their particular areas. I have another case for the Minister to review for which Mr. Brennan: I will have to get more advice on I want a reply. If he does not have an answer I that matter. would like if he could get one, as this is important for the person involved. A young accountant in Mr. Penrose: Nevertheless—— her early 30s at the top of her profession is self- employed. The Minister will know more about Mr. Brennan: It is a good concept. Even if it is this than I do, since he is an accountant by pro- not in our area, perhaps we could look at it. fession. He will appreciate that someone in her early 30s is hoping to get to the top of the tree, Mr. Penrose: It is a good concept and the Mini- and accountants progress. Unfortunately, she was ster is correct. In that context I have no hesitation struck down with illness. She was paying her S1s, in withdrawing the amendment. but now, very regrettably, she will not be able to return to that profession again. However, she Amendment, by leave, withdrawn. wants to make a social welfare contribution. As an accountant she naturally recognises, as does Acting Chairman (Mr. O’Shea): Amendment her family, the importance of contributions. No. 6 is in the name of Deputies Penrose and I am a typical Paddy as well. I might have Sea´n Ryan and it arises out of Committee Stage worked for years without making contributions. proceedings. Amendment No. 7 is related, and Nothing would worry me until the day of the both amendments may be discussed together. Is storm, when I was looking for the scolb. One has that agreed? Agreed. to be prepared for the storm. The storm in this case is when a person gets old and the pension Mr. Penrose: I move amendment No. 6: evaluation day arrives. The Department looks at In page 5, between lines 15 and 16, to insert the record and sees so many S1 and normal con- the following: tributions were made over 40 years and because of the gaps the person gets a pension that is worth “1.—The Minister shall within 6 months peanuts. This lady wants to be able to pay her from after the passing of this Act prepare \253 a year to continue her contribution record. and lay before both Houses of the Unfortunately she will not be able to revert to Oireachtas a report on the social insurance the level of work she wanted, and for which she treatment of self-employed people in receipt took articles in accountancy and qualified. I want of the carer’s allowance who are looking to ensure she can make her contribution of \253 after ill spouses.”. per annum through the voluntary contributions 813 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 814 system so when the day of reckoning comes, she ment officials who gave me very wise advice, will at least have a pension. As an accountant, which I heeded. the Minister knows the amount is minuscule. Like many of us who went into politics, the Minister Mr. Penrose: Deputy Ring must have been giv- might be considerably better off if he had con- ing out that day. tinued as an accountant. I say this as someone from a legal background who would probably be Mr. Ring: It should be noted the number of considerably better off had he continued in his self-employed people who will lose their entitle- former occupation. However, a politician’s calling ments because they do not know about this relates to the public work he or she does, which scheme which allows them to make a yearly vol- is not often given much credit. untary contribution to the State. The Department I was fairly pleased by the Minister’s answer to should advise people of the existence of this the question asked about carers. Deputy scheme and let them know that if they make con- Moynihan-Cronin brought that case to my atten- tributions as self-employed people and then enter tion. People are unaware of the many situations full-time employment as PAYE workers, they can in which they can make voluntary contributions. hold on to their entitlements to a pension by We, and the Department in particular, have failed means of this scheme. in not ensuring that this information is made I, like Deputy Penrose, acknowledge that the available. As ever, the Minister’s officials appear Minister has done a fairly good job in respect of to be working hard to deal with the anomalies increasing benefits for the numbers of people raised by us. I apologise for landing this anomaly who give up work to look after loved ones. He on them but I only became aware of it this has raised the period for which carer’s benefit is morning. payable from 15 months to two years, which is I hope this woman’s case is covered by the welcome. The increase in the number of hours guide to social welfare services. This guide drives that full-time carers can work outside the home me mad and politicians hate searching for infor- from ten to 15 hours is another welcome develop- mation on page 46, but all the information one ment. The Minister has not done too badly in needs is contained within it. I presume Depart- respect of carers, although a few anomalies still ment officials are good at finding information and exist. know on which page and in which paragraph the I will write to the Minister and his officials information is contained. I hope this guide facili- about a case involving a person in my constitu- tates this young woman because if it does not, we ency who gave up work in the US and returned should amend the regulations. to this country to look after loved ones but was One would not find ten people in the country refused the carer’s allowance because they had facing the same situation as this young woman worked outside the State. However, this person and I hope nobody other than her finds them- was an Irish citizen, who was born and reared in selves in this situation. However, two cases in this country, and should have been considered for Waterford and Kerry were brought to my atten- the carer’s allowance. The Minister and his tion. The Minister appears to have dealt with the officials might examine this case. As Deputy case relating to carers and has stated that carers Penrose noted, these cases are not numerous. can be given the credit and pay the voluntary con- One will only encounter the odd exceptional case. tribution of \253 per annum. I want to ensure It is terrible that someone such as my constituent that this young woman, who was at the height of would return home to look after a loved one and her professional career until she was struck down find that he or she is denied the carer’s allowance. by an illness which leaves her unable to return I will write to the Minister who might take this to her chosen profession, will be accommodated case up with his Department to see if anything within the social welfare code by means of the can be done for this individual. voluntary contributions system. I await the Mini- ster’s reply with bated breath, which I hope is in Mr. Stanton: I will speak briefly about children the affirmative. If it is not, I will revisit the matter as carers, an issue raised by me at a recent meet- and ask the Minister to change the regulations to ing of the Oireachtas Committee on Social and permit her to be accommodated by the system. Family Affairs. The Minister gave a commitment during a previous Question Time and at that com- Mr. Ring: I agree with Deputy Penrose. In mittee meeting to examine this matter and take respect of voluntary contributions, a scheme is in action. This is a very important issue which place whereby a self-employed person who has demands a cross-departmental response from the paid contributions over the years and moves into Department of Health and Children, the Depart- full-time employment can make a yearly pay- ment of Social and Family Affairs and, possibly, ment. People should be forewarned about this. I the Department of Education and Science. have been self-employed all my working life and Will the Minister initiate debate on this issue nearly lost my entitlements and employment at Government and Cabinet level to ensure that stamps when I entered this House. The matter the scandal of children being forced to care for was raised at an Oireachtas committee and I used parents or siblings and possibly carry out many my case as an example. I thanked the Depart- intimate tasks at a very young age to the detri- 815 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 816

[Mr. Stanton.] Mr. Brennan: I am advised that a measure of ment of their education and life chances is discretion will be exercised in this case, although addressed? The Carers Association and other I am not sure of its extent. groups are very concerned about this issue and have brought it to our attention on a number of Mr. Penrose: I thank the Minister. occasions. If tackling this issue was the only action taken in respect of carers, it would be Mr. Brennan: The woman may also qualify for worthwhile. other benefits. In respect of the case raised by The Health Service Executive should be Deputy Ring, the Deputy is aware that the habit- responsible for supporting children who care for ual residency rules apply to carers who have loved ones. If I recall correctly, the Minister said worked outside the State. If someone enters this at a meeting of the Committee on Social and country to become a carer, the Department must Family Affairs that it was not a case of paying assess whether he or she meets the requirements children to be carers. We want them to be of the habitual residence clause. I do not think relieved of the burden of caring for their relatives we can do much in this area without dealing with and for personnel to be made available to ensure the whole HRC issue, which is currently under that care is made available to people who need it review. Some 1,446 people pay the voluntary class \ in their homes. I understand that some child S contribution of 253 per annum. While the fig- carers are as young as 12. ure is low, there appears to be an ongoing trend upwards in the number of people paying the vol- Mr. Brennan: In respect of the case referred to untary contribution. by Deputy Penrose involving the accountant who Deputy Stanton referred to young carers. I has, unfortunately, been unwell, paragraph 2.7 on agree that special help, advice and support is page 30 of the guide to social welfare services essential for young carers who are caring for a parent in particular. I recognise that deals with voluntary PRSI contributions. Accord- 1 o’clock services must be put in place to sup- ing to this paragraph: port the household. We must ensure If an employee or self-employed contributor young carers remain at school. These services is no longer covered by compulsory PRSI and include home help, public health nurses and they are under the age of 66, they may opt to home care packages generally. I said on Commit- pay voluntary contributions (VCs). These can tee Stage I will take an interest in the issue. I will help maintain or improve a person’s pension try to find out how many people are involved. entitlements, but they do not provide cover for There should be plenty of household supports so short-term benefits. the young person can remain in school.

The Deputy is aware of this. To become a volun- Mr. Penrose: I thank the Minister for the level tary contributor, a person needs at least 260 of interchange on Committee Stage and Report weeks of PRSI paid either in employment or self- Stage, which is useful. The Minister is quite open employment. The person must apply within 12 in trying to deal with issues, which is why we do months at the end of the tax year during which not try to be sneaky about taking advantage of he or she last paid PRSI or had a PRSI credit. It someone who tries to participate in debates in a is difficult to pronounce on the case referred to wholesome way. His reply is interesting as far as by Deputy Penrose without knowing all the facts self-employed people are concerned. I am self- but, if the Deputy wishes, we will examine the employed and, even though I have done account- case when all the facts become known to us. A ancy and so on, we sometimes omit to follow total of 260 weeks adds up to more than five through on what are our rights. The Minister’s years. If the woman in question paid contri- officials have apprised me as a result of a recent butions as an employed or self-employed question that if I keep up my other contributions accountant, she could continue to pay them while and if I am alive when the day of reckoning she is ill. This is the best advice I can give at the comes—— moment. Mr. Crowe: The Deputy will be a rich man. Mr. Penrose: Is it mandatory to give 12 months’ notification or is there some room for discretion? Mr. Penrose: I suppose my wife will be rich This is where the provision could fall down because I probably will not last that long. It is because people may not know about its existence. important to be aware of these matters. The two I know that notification cannot be open-ended cases illustrate the importance of information. but is there room for discretion? I hope Depart- Some officials might say that one cannot move ment officials treat such cases with a measure of on the 12 month period, but I hope there will be discretion. I know that the 12-month notification flexibility. If someone has an illness that threatens rule exists because the Department is attempting their livelihood, the last thing they might be con- to gather information. This woman’s case is cerned about is voluntary contributions. I hope particularly sad and I urge officials to treat it with this case will be pursued and I know the Deputy whatever discretion is available. involved will pursue the matter so that it does not 817 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 818 meet with the bureaucratic impediment. As this denies the family its entitlement to the household debate has been useful, I will withdraw amend- benefits package is an oversight which under- ments Nos. 6 and 7. mines the whole purpose of FIS. I take this opportunity to congratulate the Amendment, by leave, withdrawn. Minister on the advertising campaign he has undertaken to ensure the FIS mechanism, and the Amendment No. 7 not moved. importance of the scheme as a supplementary form of income for many families who have rela- Mr. Penrose: I move amendment No. 8: tively low incomes, is being made known. In page 5, between lines 15 and 16, to insert I heard Deputy Ring compliment the Minister the following: recently. As it was the first time I heard him pay such a fulsome tribute, perhaps the Minister “1.—The Minister shall within 6 months should be grateful for it. from after the passing of this Act prepare and lay before both Houses of the Mr. Ring: He took on board my advice. Oireachtas a report on introducing a dis- regard of income from Family Income Sup- Mr. Penrose: Perhaps it is the west of Ireland plement when applying the spouse means air. test for the Household Benefit Package.”. The Minister was probably surprised that I pro- Mr. Brennan: Photographs. duced this example. He was probably bored by these types of amendments on Committee Stage. Mr. Penrose: There were no photographs of Perhaps if I were in his position, I would go mad the Minister which was the Deputy’s beˆte noire as a result of all the amendments being tabled. I in regard to his predecessor. He used to become assure him that I am not doing so to score points. apoplectic when he would see photographs. It Our job is to point out where we can improve used to send him off the rails. He admonished the legislation and improve the availability of Minister’s predecessor in fairly forthright terms, benefits for people. Generally, when people as only he can. reach this stage, they need all the help they can The Minister is doing his job in regard to FIS, get. If there is a little quirk or anomaly in the which is welcome. However, one of the unin- system, it is our duty to iron it out because we tended consequences should be reviewed. The are sent here as legislators. One might say that solution is simple, namely, to disregard the some of it is “parish pump” talk, but one often income from FIS in the means test for the house- finds the basis for the best legislation at “parish hold benefits package. pump” level. I will use the example of Jack and Jill, a mar- Mr. Stanton: I welcome the way in which FIS ried couple with two children. Jack receives an is being promoted through the advertising cam- invalidity pension and his wife works three days paign. It will be interesting to see what the take- a week over 19 hours to supplement the family up will be. We all have people coming to our clin- income. On the other days, she cares for her hus- ics on a weekly basis who are in dire straits finan- band who is ill, which is why he is receiving inval- cially. They find it a great help when we inform idity pension. She works over 19 hours, therefore, them about family income supplement. she can apply for FIS. These are the parameters I have a question for the Minister on family that apply. The family qualifies for the free income supplement which he may be able to schemes on the basis of Jack’s invalidity pension. answer. It is linked to the new child care sup- As he is an invalid, the household benefits pack- plement. Is someone from Spain who is working age applies, once his wife’s earnings do not here on a low income and who has three children exceed \220 a week. Because she worked three in Spain entitled to claim and receive family days a week for \220 and had two children, she income supplement if their income levels are in qualified for FIS. However, her income from the order? Is there anyone from outside the State, family income supplement will be counted as who is working here currently claiming and means for the household benefits package. This receiving family income supplement? Does it means she loses the household benefits package. come under the same umbrella as the child care I believe this is an unintended consequence of supplement in line with family payments under the scheme. EU agreements? Someone on invalidity pension who is quite ill will qualify for the household benefits package. If Mr. Crowe: In regard to Deputy Penrose’s the person’s wife works 20 hours a week, say, four example, what would the Minister suggest a hours a day, the family will be entitled to family family do in such a situation? The family income income supplement because she may be earning supplement is supposed to benefit a family but if \9 an hour, or \118 a week, but the income from the family in the example Deputy Penrose gave family income supplement is thrown into the pot avails of it, it will not benefit and its income will in the assessment for the household benefits be reduced. That is an anomaly and a large package. The fact that the income from FIS number of people do not avail of the family 819 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 820

[Mr. Crowe.] representatives — is a great treasure trove. I have income supplement. Is this one of the reasons taken careful note of every anomaly and proposal families do not avail of the family income sup- made by members of my parliamentary party and plement? Would the Minister recommend that by others in this House. I have asked my officials families do not avail of the family income sup- to go through every one of those raised on Com- plement which is supposed to support people on mittee Stage, by members of my parliamentary low incomes? I am interested to hear his reply. party and in the corridors of the House to see if a It is a crazy situation and it is the role of an policy lesson can be learned from those examples. Opposition spokesperson to raise it. I commend There is no point trying to deal with a specific Deputy Penrose on coming up with this example. example. I will continue to audit those points to While it may be rare enough, it does occur. I am see if we can iron out those anomalies. I will not interested to know how many families are in the be able to iron out some of them but I will others. same situation because we know there is a low I do not need an army of consultants because take-up of family income supplement. In the the best advice comes from our clinics and from majority of cases, people are not aware of the the people we meet every day. I do not say that supplement. However, those who are aware of in a patronising way but that is the case. We their entitlements are afraid to avail of them should put the real life cases raised in the House, because it will affect one of their other benefits. at committees, in party rooms and in the corri- We need to eliminate this anomaly. dors of the House to the test in terms of policy. I give the Deputies that reassurance again because Mr. Ring: Like Deputies Penrose and Stanton, it is the best way to go. If I can tackle a range of I welcome the advertisement campaign. It is an issues brought to my attention by Deputies in a issue I have raised on many occasions in this policy context and in a way which will make House. Last summer I sent out a leaflet to my people’s lives better and if we iron out the anom- constituents and the number of people who took alies, that is the best contribution we can make up the scheme was amazing. I did a radio inter- and much better than any major reports view yesterday, following which my office presented to me in the course of the job. received five or six queries regarding the family Deputy Stanton referred to Spain in his income supplement. The other day the Minister example. The advice I have is that we would have made a valid point that if somebody on \16,000 to pay the family income supplement in that cir- per year avails of the family income supplement, cumstance. Technically, it is a family benefit it is worth \5,000 per year to him or her. Thou- under EU Regulation 1408/71 along with the new sands of people are entitled to take up the child care allowance and child benefit. The per- scheme. To qualify for the scheme, one must be son must be working, have an economic interest in work and have children. However, many and be rooted here. If his or her family happens people who are working do not want to take up to be in Spain or somewhere else, he or she will a social welfare payment, which is foolish. We qualify for the family income supplement. That is should promote this scheme. the effect of EU Regulation 1408/71. We are try- The other issue I wish to raise with the Mini- ing to establish the numbers in this area to track ster, as I did the other day, is the household them. I do not have the numbers to hand but the benefit package and the fuel scheme, which is child care and the child benefit numbers are not means tested. A number of my constituents and a cause of concern as they are not large. The last those of other Deputies who worked for local time I looked at the numbers, they did not greatly authorities, health boards or other State agencies concern me as there is no sense that people are get a contributory pension and a small pension flocking here to get the rates to send the money from the council, Iarnro´ dE´ ireann, etc. Although back to other countries. That does not seem to be these people have paid their dues, they are the case. We are being, and should continue to debarred from availing of the fuel scheme as it is be, generous to people who come to our shores means tested and they are over the income limit and we should integrate them, which we have a as a result of their pensions. It is an issue the good chance of doing. Minister should consider. People who have paid Deputy Ring pointed to something we all their dues to the State and have a contributory know. If one has other income on top of one’s pension and a small pension from the local auth- pension, it can cost one the fuel allowance. The ority or otherwise are aggravated about their Deputy asked that if the other income is small, ineligibility for the fuel scheme because they are perhaps it could be considered. That is something slightly over the income limit. The Minister we can do. If the income is large, it is right one should consider this issue to be fair to people who would not qualify for the fuel allowance. have paid their dues to the State. Mr. McCormack: The Minister acknowledged Mr. Brennan: Deputy Penrose again pointed that most of the anomalies are brought to his out a number of apparent anomalies. We are try- attention by Deputies from his party and the ing to iron out as many of them as possible. Opposition. I raised the following anomaly with Almost 18 months ago I said the experience of four previous Ministers. A person was in receipt Deputies, Senators and councillors — our public of the carer’s allowance as she was looking after 821 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 822 a relative of her husband in her house. The rela- concerned would not necessarily have to lose the tive was doubly incontinent and bedridden. Her carer’s allowance. She could keep the carer’s husband was killed in a road accident and she allowance, which is now \200 if she is over 65 but qualified for the widow’s pension the following she would not be entitled to the widow’s pension. week. However, as soon as she qualified for the It would be one or the other. It depends on how widow’s pension, she lost the carer’s allowance one says it. She could, in theory, keep the carer’s even though she continued to be a full-time carer. allowance of \200, which is higher than the I have brought this anomaly to the attention of widow’s pension of \170. this Minister and the four previous Ministers. While the person being cared for in this case has Mr. McCormack: There is \13 of a difference passed on to his eternal reward, this anomaly for caring. should be corrected for future cases. In a reply to a parliamentary question, the Minister said there Mr. Brennan: I take the point. We will not go could not be many such cases and replies to other through it again. We had a good debate a few parliamentary questions stated that one could not moments ago on the reasoning behind not mak- receive two social welfare payments. There ing two payments. Deputy McCormack may wish cannot be too many cases where a carer has lost to look at the transcripts of that debate. I will find the carer’s allowance because her husband has another occasion to go through the matter with died. This case involved a small farmer. Not only the Deputy if he wishes. was this woman at a disadvantage because she In reply to Deputy Boyle’s question on the FIS, lost her husband tragically, she had to employ 17,445 people are currently in receipt of this pay- somebody to do her meagre farm work as she was ment. The number has been increasing. It is diffi- caring for her husband’s relative full-time. She cult to put an estimate on it but one guesstimate was penalised for the fact that her husband died. is that there may be another 20,000 people who If he can, the Minister should eliminate this are entitled to it. We have had a very good initial anomaly. response to our advertising campaign. I will report to the House as soon as I have some Mr. Boyle: It is difficult enough being in a small numbers. I do expect the number to increase party at the best of times but this morning I had dramatically. a briefing from the Minister of State on the pro- posed charities Bill and the Committee of Public Mr. Stanton: On the Department’s double pay- Accounts sat at the same time. I have been view- ment rule the Minister maintains it is not possible ing proceedings from elsewhere in the House and to pay the widow’s pension at the same time as I wish to comment on amendment No. 8. the carer’s or other allowance or pension. Is this On Second Stage I stated that it was unfortu- rule set down in legislation or is it more of a nate that we were dealing with the Bill without convention? hearing firm proposals from the Minister in regard to the combination of child dependant Mr. Brennan: It is in legislation. allowance and family income supports. Many of us on this side of the House hope that those pro- Mr. Penrose: We have had a good debate but posals will come forward as soon as possible. I forewarn the Minister that I have prepared a With the public information campaign now booklet of social welfare anomalies. That is all I proceeding on the family income supplement, will say to him. FIS, has the Minister set himself benchmarks in regard to how the uptake of FIS might increase in Mr. Stanton: A best-seller. the coming year? We are aware that the current uptake may be as low as 30%. When I questioned Mr. Penrose: It will be a best-seller. I do not the Secretary General of the Department on the want it to be a best-seller, I want to see the pages uptake recently I was surprised to learn that the disappearing out of it as quickly as I print them. amount put aside in the Book of Estimates coincides with the amount that was paid out in Mr. McCormack: It would be a better seller if the preceding years. If we are serious about FIS the problems were solved. we must have a ballpark figure of people’s entitle- ments if they choose to take it up fully. I suspect Mr. M. Smith: Deputy Penrose will have to the impact of the Minister’s publicity campaign vote for the budget. will require him bringing a Supplementary Esti- mate before the House later in the year. Will he Mr. Penrose: Vote for the budget. With due indicate when this will be delivered and how respect, I have referred to eight or nine of the much extra he thinks will be required as a result? anomalies in the amendments. In fairness, the Minister cannot deal with them today because, as Mr. Brennan: In reply to Deputy McCormack, he said, the pot is gone. I have acknowledged that I do not want to go over the debate about the the Minister is trying to deal with a complex area half rate again as I dealt with it a few moments in a far more caring way than did his predecessor. ago. In the example the Deputy gave, the person In that context I will withdraw the amendment 823 Social Welfare Law Reform and Pensions 9 March 2006. Bill 2006: Report and Final Stages 824

[Mr. Penrose.] aware by his officials that 1,800 people do not because I trust the Minister will examine the claim the final payment in respect of the last matter. month of their youngest child. It only affects I do so with this caveat, FIS is important and those people on book payments. The people who if somebody looking after a person in receipt of use modern electronic means of transfer are not invalidity pension gets FIS and this deprives him affected. The officials were quite adamant about or her of the household benefits package we are this. I watched them on Committee Stage. Body dealing with a circular bird. As Deputy Crowe language can reveal a great deal. They were ada- stated, people are encouraged to apply for FIS mant on this point. but it may result in them losing their household The problem arises when students finish the benefits package. This pushes people into an leaving certificate. I am quite sure the book only either-or situation. We want to ensure that what- runs from June to May and I am not usually that ever they get helps them and anybody who is an far wrong. The officials suggested that people just invalid and is not able to work should find the need to go to the post office but in order to get household benefits package a useful adjunct. If I the final payment people may well have to get a recall correctly, the Minister said the household certificate from the school to confirm the benefits package for a family is worth about \980 student’s attendance. Students can drop out at per year, which is about \19 per week. We any stage. I contacted the Minister about a case acknowledge that this is worth something. where a young girl dropped out of college but returned to school to gain extra points. The reply Mr. Brennan: The average FIS payment is stated that child benefit would not be paid about—— because she was not in recognised educational establishment. The Minister cannot tell me this Mr. Penrose: I am talking about the household does not happen because it does. It has been benefits package. shown that 1,800 people do not claim their final child benefit payment. We are saying information Mr. Brennan: Sorry. in this regard should be furnished to the people concerned. Mr. Penrose: The household benefits package The one reason we will vote against the Bill at is worth \19 per week but if a woman got \30 in 1.30 p.m. is the Minister’s proposal to abolish the FIS she would lose \19 in the household benefits pre-retirement allowance. We did it on Commit- package. There is an old saying in Westmeath tee Stage and we will do it again. We are whole- that sometimes the head is not worth the wash. heartedly against this unwarranted proposal. It is That may well be the case here. In this context I one of the only ideological arguments the Mini- withdraw the amendment. ster has against us. We can usually reach a con- sensus but in this instance the Minister indicated Amendment, by leave, withdrawn. he would not compromise. We voted against the proposal on Committee Stage. We are consistent Mr. Penrose: I move amendment No. 9: on this. We believe it is the wrong move. It is a In page 5, between lines 15 and 16, to insert fait accompli and therefore we are voting against the following: the Bill because of the position the Minister has adopted on the abolition of the pre-retirement “1.—The Minister shall within 6 months allowance. from after the passing of this Act prepare and lay before both Houses of the Acting Chairman: As it is now 1.30 p.m., I am Oireachtas a report on ensuring Parents on required to put the following question in accord- Child Benefit Book Payments claim their ance with an order of the Da´il of this day: “That final child benefit payment.”. Report Stage is hereby completed and the Bill is hereby passed.” This is an unusual situation. Following an investi- gation of the matter, the Minister was made Question put.

The Da´il divided: Ta´, 59; Nı´l, 43.

Ta´

Ahern, Dermot. Coughlan, Mary. Ahern, Noel. Cregan, John. Andrews, Barry. Curran, John. Ardagh, Sea´n. de Valera, Sı´le. Brady, Johnny. Dempsey, Tony. Brady, Martin. Devins, Jimmy. Brennan, Seamus. Ellis, John. Browne, John. Fahey, Frank. Callanan, Joe. Finneran, Michael. Carey, Pat. Fitzpatrick, Dermot. Carty, John. Fleming, Sea´n. Cooper-Flynn, Beverley. Fox, Mildred. 825 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 826

Ta´—continued

Gallagher, Pat The Cope. Mulcahy, Michael. Glennon, Jim. Nolan, M.J. Grealish, Noel. O´ Fearghaı´l, Sea´n. Hanafin, Mary. O’Connor, Charlie. Haughey, Sea´n. O’Donnell, Liz. Hoctor, Ma´ire. O’Donoghue, John. Jacob, Joe. O’Donovan, Denis. Kelly, Peter. O’Flynn, Noel. Killeen, Tony. O’Keeffe, Ned. Kirk, Seamus. O’Malley, Fiona. Lenihan, Brian. Power, Sea´n. Lenihan, Conor. Smith, Michael. McDowell, Michael. Treacy, Noel. McEllistrim, Thomas. Wallace, Mary. McGuinness, John. Wilkinson, Ollie. McHugh, Paddy. Woods, Michael. Moloney, John. Wright, G.V. Moynihan, Michael.

Nı´l

Allen, Bernard. McGinley, Dinny. Boyle, Dan. McGrath, Finian. Broughan, Thomas P. Mitchell, Olivia. Bruton, Richard. Moynihan-Cronin, Breeda. Burton, Joan. O´ Caola´in, Caoimhghı´n. Costello, Joe. O’Keeffe, Jim. Coveney, Simon. O’Shea, Brian. Crowe, Sea´n. O’Sullivan, Jan. Deasy, John. Pattison, Seamus. Deenihan, Jimmy. Penrose, Willie. Durkan, Bernard J. Quinn, Ruairı´. English, Damien. Rabbitte, Pat. Gilmore, Eamon. Ring, Michael. Gogarty, Paul. Ryan, Eamon. Gormley, John. Ryan, Sea´n. Higgins, Joe. Shortall, Ro´ isı´n. Higgins, Michael D. Stagg, Emmet. Hogan, Phil. Stanton, David. Howlin, Brendan. Twomey, Liam. Kehoe, Paul. Upton, Mary. Lynch, Kathleen. Wall, Jack. McCormack, Pa´draic.

Tellers: Ta´, Deputies Browne and Curran; Nı´l, Deputies Kehoe and Stagg.

Question declared carried. It gives me great pleasure to address the House on the occasion of the Second Reading of the National Sports Campus Development National Sports Campus Development Authority Authority Bill 2006: Order for Second Stage. Bill 2006. The Bill before the House provides for the establishment of the National Sports Campus Development Authority, which will succeed in Bill entitled an Act to provide for the estab- function and responsibility the present limited lishment of a body to be known as U´ dara´s For- company, Campus and Stadium Ireland Develop- bartha an Champais Na´isiu´ nta Spo´ rt or, in the ment Limited, known as CSID, and continue the English language, the National Sports Campus role of overseeing, planning and developing a Development Authority, to define its functions sports campus at Abbotstown. and to provide for related matters. Sport is our great national passion and involve- Minister for Arts, Sport and Tourism (Mr. ment in sport provides a source of well-being and O’Donoghue): I move: “That Second Stage be emotional outlet for people of every age and from taken now.” every corner of the country. It is a great character builder and acts as an antidote to anti-social Question put and agreed to. behaviour. Beyond the intrinsic value of partici- pation in sport, it is also a key element in social and economic life. Active participation in com- National Sports Campus Development petitive or recreational sport contributes enor- Authority Bill 2006: Second Stage. mously to the physical and mental well-being of Minister for Arts, Sport and Tourism (Mr. the individual and, by extension, the whole com- O’Donoghue): I move: “That the Bill be now munity and nation. Success at national and inter- read a Second Time.” national competition creates a sense of pride, 827 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 828

[Mr. O’Donoghue.] of the sports campus at Abbotstown as set out in excites interest and raises morale. Involvement in the development control plan prepared by CSID. sport creates a sense of unity and identity for Phase one of the plan will provide: a national communities, towns and villages in every part of field sports training centre catering for rugby, soc- the country. The achievements of our top com- cer, Gaelic games and hockey; a national indoor petitors and the hard work, commitment and training centre which will provide world class dedication which lie behind their success all serve training facilities for more than 30 governing to inspire, encourage and raise the spirits of us bodies of sport, such as badminton, basketball, all. Young people in particular need role models bowling, boxing, judo and table tennis; accommo- and heroes who will inspire and encourage them. dation for sports men and women; sports science Sports funding for 2006 exceeds \243.295 mil- and medical facilities; and all weather synthetic lion, with the Irish Sports Council budget pitches for community use. This phase of the increased to \40.9 million, the local authority sports campus is part of a necklace of sporting swimming pools and sports capital programmes facilities to be located at Abbotstown, of which allocated \100 million and the horseracing and the National Aquatic Centre is a key component. greyhound industries receiving \70.1 million. An The dedicated space to be provided for Gaelic amount of \20 million is provided in my Depart- games, rugby, soccer and hockey is presented as ment’s Vote for 2006 for the IRFU-FAI led pro- a shamrock concept to be developed around a ject for the redevelopment of Lansdowne Road central core building which will be shared by all stadium, to which the Government has agreed to the elite training sports teams and athletes. This provide funding of \191 million, phased over central core will provide living accommodation, five years. restaurant, fitness training, gyms, sports medical The Government has spent more than \750 and recovery areas. Dedicated changing and million on sport since 1997. Between 1998 and training facilities and pitches will be clustered 2004, a total of almost \331 million was allocated around this block. A range of pitches will be pro- to more than 4,721 projects throughout the coun- vided in each of the three dedicated areas to try under the sports capital programme. Under ensure that teams can train in a secure and the local authority swimming pools programme, private location in any weather conditions. There 18 swimming pool projects have been completed will be natural turf and synthetic pitches, some of since 2000 and many more are under way at which will be floodlit. A multi-functional national locations throughout the country. The annual indoor training centre will be provided, with sports budget has increased from \17 million in changing facilities, a sports hall with 1,500 spec- 1997 to \243.295 million in 2006. tator seats and an ancillary hall suitable for a We have made considerable progress in bring- wide range of indoor sports. It is intended that ing our sporting infrastructure into line with best the training requirements of up to 30 national international standards. I am particularly pleased governing bodies will be met in this centre. that substantial funding continues to be made The development control plan is the blueprint available for continued investment in sports for a campus of sporting excellence at facilities in order that, at last, we will have mod- Abbotstown. The primary aim of the sports cam- ern well equipped and well managed sporting pus is to provide world class sports facilities for facilities. The enactment of the Bill and the Irish sportsmen and women so that they can train development of the Abbotstown sports campus and prepare for competition at the highest level. will contribute to the provision of modern, well The development will be a key element of a co- equipped and well managed sporting facilities ordinated strategy in partnership with the Irish which will attract many more people into sport. Sports Council and the national governing bodies On the Abbotstown sports campus, the House of sport to promote sporting excellence and par- will recall that in January 2004 the Government ticipation. Our sportsmen and women are entitled decided to proceed with the development of a to the best of facilities and supports if they are to campus of sports facilities at Abbotstown. Having compete successfully at national and international consulted widely with the major governing bodies competitions. For teams and individuals to suc- of sport, stakeholders and interest groups, CSID, ceed at the highest level, there is a need to put in the company charged with developing the project, place a support system capable of identifying and drew up proposals for the phased development developing potential by providing access to a pro- of a sports campus at Abbotstown. During the fessional and administrative structure and a net- consultation process it became clear that top class work of coaches and facilities. Reports on the sports facilities to cater for both elite professional performance of Irish athletes at the Sydney and and recreational sports people are needed at Athens Olympic Games concluded that the exist- national level. At the same time, a wide range ing support system in Ireland falls well short of of facilities need to be provided, which would be best international practice. Accordingly, a holistic available to the national governing bodies of environment in which to train and prepare for sport and the local community for individual and world class competition is required to break community related sports. On 15 November 2005, through to a more success driven system. The the Government decided to proceed over a five facilities must be on a par with facilities available year period with the development of phase one to athletes in other countries. A failure to invest 829 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 830 in cutting edge sports facilities means that Irish ditions similar to those likely to be experienced sportsmen and women will continue to be at the Olympic rounds. This country is ideally disadvantaged when competing at the highest situated to fulfil this requirement. level. The facilities the Government intends to However, if Ireland is to be attractive to poten- develop at Abbotstown will rival those available tial participating athletes, high quality sporting anywhere else in Europe or beyond. and residential accommodation such as those cur- The Irish Sports Council’s blueprint for high rently planned for development in the first phase performance sport in Ireland is set out in its high for a sports campus at Abbotstown and the pro- performance strategy. A key element of this posed Irish Institute of Sport will need to be strategy is the identified requirement to put in available in time to be effectively marketed. place systems and infrastructure to enable Some such facilities already exist in the Univer- Ireland’s best athletes to fulfil their potential. The sity of Limerick and I understand that the univer- ISC has recognised the need for state-of-the-art sity’s authorities are developing plans for adding services and facilities if the strategy is to succeed. to these facilities. I am also setting up a high level The Athens review has acknowledged the com- group which will be mandated to promote the mitment of the Government to the delivery of a attractions of Ireland as a high quality locations modern sporting infrastructure and advocates a for Olympic preparations. I need hardly mention further stepping up of investment in elite sport the potential business and tourism gains to be facilities. The development of the proposed facili- realised. ties at the National Sports Campus will be the Funds for the delivery of the campus project central feature of our planned investment have been provided in my Department’s capital strategy for elite sport. envelope for 2006 to 2010. The estimated cost of The Irish Sports Council’s strategic goals are the project is \119 million, with a four to five year built around the concept of participation, per- delivery schedule. This year, expenditure of formance and excellence. They pose a challenge almost \10 million will be incurred as the project to all agencies involved with sport to consider gets under way. I met the board of CSID on 8 their objectives, structures and strategies in pur- December 2005 to discuss the realisation of the suit of these goals. For Ireland to produce teams plans for Abbotstown and have urged it to pro- and individuals who win at the highest levels, we gress the project at full speed. I pay tribute to the will need professionally administered organis- members of the board, and its chairman, Mr. Con ations with an effective strategy to generate par- Haugh, for their dedication to the project and ticipation, investment and commitment in our work in bringing it to this stage. sports men and women. We will also need a net- Already, discussions have been held with work of facilities from local to national level to Fingal County Council on planning and zoning be built around the concept of a centre of excel- issues. The Fingal county development plan con- lence, such as that proposed for the National tains a specific objective for the lands at Sports Campus. Abbotstown. This objective obliges the county There are growing concerns in Ireland and council to “undertake a study to determine a suit- internationally about the low level of physical able mix of sporting and appropriate commercial, activity, particularly among young people, and leisure and amenity uses in order to create a obesity has become a critical public health con- vibrant and sustainable sports campus.” This cern. In this regard, investment in sport can yield study shall also “investigate the possibility of a very tangible return in improved fitness and opening up these lands for recreation use for the health for the individual, with a consequent residents of the greater Blanchardstown area.” reduction in the demand on health services. It can Under the chairmanship of the OPW, a group at the same time provide a channel to reduce consisting of CSID, Fingal County Council, the anti-social behaviour and encourage personal Departments of Finance, Agriculture and Food development and the generation of community and my Department have commenced the prep- and team spirit. aration of the study, which we intend to complete The selection of London as the host city for the by the end of May. The study will investigate the 2012 Summer Olympic Games and Paralympic scope for opening up the Abbotstown lands for Games opens up opportunities for us to present recreational use by residents of the greater Ireland as a high quality centre for elite athletes Blanchardstown area. Deputies will be aware that and teams as they finalise their preparations for this is a rapidly growing area with a population Olympic competitions. This will only come about that is already greater than the size of Limerick. if early planning is undertaken and opportunities It is important that we do not allow growth to get are recognised. I have been made aware by the out of control and that we put in place the sup- Olympic Council of Ireland that a number of port structures to support that growth, partic- national teams have indicated that they would ularly in the areas of sport and recreation. One consider using Ireland as a base leading up to the of the advantages of this study is that it will Games. Participants wishing to prepare for games provide a framework against which individual look for locations which are not directly caught planning applications will be considered. It will up in the hype of Olympic preparations in the highlight where zonings may need to be changed host country but which provide climatic con- to facilitate the optimum development of the site. 831 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 832

[Mr. O’Donoghue.] laying of orders made by the Minister before each The process of the study will involve the prep- House of the Oireachtas. aration of a draft for public consultation and Part 2 covers sections 5 to 30, inclusive, and approval of the elected members. Fingal County deals with the establishment of the authority, Council’s objective is that public consultation will describes the authority’s functions, provides for commence no later than July and I am confident the transfer of the Abbotstown site from the the deadline can be achieved. Minister for Agriculture and Food to the new The development control plan proposes to authority and the membership of the authority. retain the buildings already on site which might Sections 5 and 6 provide for the making of an be adapted for use as administrative offices. I order by the Minister to set a day for the estab- fully support this proposal and it makes eminent lishment of the authority, which will be known as sense to utilise these buildings. The Government the national sports campus development auth- decision gave approval for the use of the former ority, and which will have, with the approval of State laboratory building at Abbotstown as a pos- the Minister, given with the consent of the Mini- sible location for new headquarters for the FAl. ster for Finance, the power to acquire, hold and The organisation is currently located in Merrion dispose of land and other property. Square and is anxious to move to more adequate Section 7 describes the authority’s functions. and spacious headquarters. Deputies will also be The primary functions of the authority will be to aware that the FAl is interested in developing a develop a sports campus on the site; to furnish football academy on the site. Discussions to facili- and equip it; to manage, operate and maintain it; tate this are already advanced and involve my and to encourage and promote its use by pro- Department together with the OPW, the Depart- fessional and amateur sports people and ment of Agriculture and Food, as well as FAl and members of the public alike. The authority may CSID. This will be a timely move and will reflect develop facilities and services of a commercial the new direction and vision of the association. It nature, complementary to the sports campus, is my intention that the national headquarters will arrange for the development of medical and be in operation in Abbotstown before the end of research facilities for sport on the site or else- this year. In addition to providing the sports where or arrange for use of the site by a national facilities I have listed, the Government also gave sports body for purposes connected with sport. approval for the provision of a parcel of not more A development plan for the campus must be than three acres of land on the Abbotstown site, submitted for the approval of the Minister and adjacent to the James Connolly Memorial the Government and before the commencement Hospital, to build a hospice. Discussions have of each phase, details of which must also be sub- mitted for approval. Section 7 also provides for commenced between CSID and the voluntary the conveyance of the site currently owned by the hospice group St. Francis Hospice to agree a suit- Minister for Agriculture and Food to the auth- able site. The Minister of State at the Department ority and that pending such conveyance, the auth- of Health and Children, Deputy Brian Lenihan, ority may develop the land. Schedule 1 contains and others have been particularly interested in a description of the land at Abbotstown owned that matter. by the Minister for Agriculture and Food. A key requirement for the success of the cam- Sections 9, 10, 11 and 13 provide for the estab- pus is that the national sporting organisations and lishment of a board consisting of a chairperson relevant stakeholders will use the proposed facili- and 12 members and also for the appointment of ties to their fullest extent. There has a chief executive. The chairperson will hold office 2 o’clock been broad support for the campus for a period of five years, the ordinary members among the national governing first appointed to the board will hold office for bodies, as is evidenced in the development con- periods between three and five years, but there- trol plan. Detailed discussions have also com- after any appointments will be for a period of menced between CSID and the national govern- five years. ing bodies of sport that will use the proposed The powers given to the authority are provided facilities on the campus to agree details of their for in various sections of Part 2. Under section 8, specific requirements and put in place user agree- the authority is empowered to enter into agree- ments with them. ments with others to carry out its functions, make The establishment of the national sports cam- charges, recover debts and engage consultants. pus development authority is a further important Section 11 provides the right to establish commit- step in the Government’s plan for the develop- tees to assist it in the performance of its functions. ment of national sports facilities and Sections 14 and 15 provide for the appointment programmes. of staff, with the approval of the Minister given For the benefit of the House, I will go through with the consent of the Minister for Finance. the various sections. The Bill contains three parts. Section 25 gives the authority power to with- Part 1, Preliminary and General, covers sections hold consent to renewal of a lease or tenancy 1 to 4, inclusive. This part contains standard pro- where such lease or tenancy would prejudice the visions regarding Short Title and definitions of running of the site. Section 28 provides for the key terms used in the Bill. It also provides for the establishment of subsidiaries, a company, or the 833 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 834 entering of a joint venture, with the consent of a view to possible amendments. My colleague, the the Minister and the Minister for Finance. Section Minister of State and the Department of Edu- 29 allows the authority to borrow with the con- cation and Science, Deputy de Valera, will rep- sent of the Minister and the Minister for Finance. resent me. Section 30 gives the authority the power to acquire by agreement land adjoining the site for Mr. Deenihan: The Minister is excused. I hope access purposes or, if authorised by an order of he does not have to travel by air or he may be the Minister made under Schedule 2 of this Act, back with us again. the right to acquire such land compulsorily. I welcome this Bill, which will provide for the Section 18 contains the standard prohibitions establishment of the national sports campus on members of the authority holding political development authority on a statutory basis. I join office, either at local, national or European level, with the Minister in recognising the work of Mr. and also provides for secondment arrangements Con Haugh and his officials in bringing the where persons employed by the authority secure development to this stage, and his stewardship of election to office at these levels. Section 19 the project over the past five years or so. empowers the Minister, with the consent of the The primary functions of the authority will be Minister for Finance, to advance funding pro- to develop a sports campus on the Abbotstown vided by the Oireachtas to the authority. Sections site; to furnish and equip it; manage, operate, and 20 to 22, inclusive, contain standard provisions to maintain it; and encourage and promote its use the submission of audited accounts and annual by professional and amateur sports people and reports to the Minister, which the Minister will members of the public alike. The campus will subsequently lay before each House of the provide a central building, which will include liv- Oireachtas. The accounts of the authority will be ing accommodation, gymnasia, fitness training audited by the Comptroller and Auditor General. and sports medical and recovery areas. It will also Section 24 allows the Minister to give general provide training areas for rugby, soccer and GAA policy directions to the authority. and hockey field games. Each of the three areas The Bill also requires the attendance of the will have a range of natural turf and synthetic chief executive before Oireachtas Committees pitches, some floodlit, which will allow teams to and the Committee of Public Accounts, in train in secure, private locations. The plan also sections 20 and 21; the disclosure of beneficial envisages a national indoor training centre and a interests by members, staff, consultants etc. in sports hall that will host over 30 indoor sports, section 16; and the non-disclosure of confidential with a capacity of 1,000 spectators. information except as required by law and appli- The development of Sports Campus Ireland is cation of freedom of information legislation, in certainly a significant development as Ireland lags sections 17 and 23. Part 3 deals with transitional some considerable distance behind its principal provisions and covers sections 31 to 38, inclusive. competitors in the provision of training facilities This part provides for the dissolution of CSID and coaching expertise for our elite and emerging and the transfer of existing staff to the new auth- athletes. We are only beginning to catch up in ority. CSID, soon to be the national sports cam- recent years with the establishment of the NCTC pus development authority, has already begun the and the provision of the 50-metre swimming pool process of delivering a range of facilities to be in Limerick, the National Aquatic Centre in used by elite athletes and the sporting public. Abbotstown, the National Rowing Centre at Inni- Ireland is on track to provide state-of-the-art- scarra, the Rı´ocht running track at Castleisland, facilities for sports men and women to train and County Kerry and the National Hockey Arena at prepare for competition at the highest level. A UCD. However, we are still light years behind considerable effort had been put into the dis- counterparts, including the UK, the USA, cussion and planning stage of the project, which Australia, New Zealand, former east European has been given the green light by the Govern- bloc countries, Russia and others. ment. This development is crucial to the future New Zealand, for example, has a similar popu- development of sport. The proposals for the cam- lation, but we lag behind it in terms of expertise pus are exciting and I am looking forward to and facilities. That is reflected in New Zealand’s their realisation. performance in world sport, be it in rugby, I also look forward to a scenario in the context Olympic sports, hockey or cricket. It will take of the London Olympics of 2012 whereby Ireland, years of sustained and targeted investment to with these state-of-the-art facilities, will offer an develop a range of top class facilities to enable attractive option as a training base for inter- our athletes to train in Ireland and compete suc- national Olympic teams in the years leading up cessfully on a world stage. Currently, many of our to the staging of the games in London in 2012. In athletes who wish to succeed on an international commending the Bill to the House I apologise to level must go to other countries, the US in part- the main spokespersons for my inability to stay icular. Some athletes would like to stay or study for their contributions. I must attend a function here, if only facilities were available. We must which has been organised for a long time. I will give our athletes a choice if we are to exploit all read with great care the statements of the Oppo- the talent available in this country. I will refer to sition spokespersons with regard to the Bill with this in greater detail later. Some athletes would 835 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 836

[Mr. Deenihan.] national sporting infrastructure. It must be linked stay and study in Ireland if they had the facilities. to the national training and coaching centre in We must give our athletes this choice if we are to Limerick and other designated regional centres exploit all the talent available to us. so that all our athletes and those with potential, The campus will also provide office accommo- including those who are attending primary and dation for many of our national governing bodies post-primary schools, will have access to the of sport. The FAI, in particular, is very enthusi- necessary training facilities, coaching personnel astic about moving its headquarters to the exist- and other back-up support within reasonable ing State Laboratory building at Abbotstown. It reach of their homes. is trying to operate from two locations. Its current A young, talented player at any sport needs headquarters in Merrion Square are cramped and good coaching that involves nutrition, training outmoded. As a result of these conditions, the programmes and appropriate competition, and FAI has to hold most of its meetings in hotels, must also attend school. I will mention an aspect which is an unnecessary drain on their resources. of the development of our elite sportspeople Its technical and club licensing departments work which is sometimes not taken into consideration. from offices at Dublin Airport. This is not the I have recently received feedback from parents of way for a modern sporting organisation to do its particularly gifted young athletes. Irish parents business. The provision of an administrative are discerning and placing their children’s eggs in headquarters at Abbotstown will immediately a sporting basket is a risk that most will not take solve this problem by bringing together various lightly. We need, therefore, to develop facilities departments and affiliates under the one roof. at local and national level to accommodate the This will streamline operations and build on the particular circumstances of a study-sport balance. synergies that will exist from having its staff If somebody is involved in sport while at the same together. time striving for academic achievement, sacrifices Abbotstown will also be the location of the are needed and a balance needs to be struck. The FAI’s national academies, where the top under only way to achieve that is to have facilities as age players from throughout Ireland will come close as possible to where a person studies and together for intensive coaching and training lives. For that reason, Campus Ireland will not be sessions. The provision of residential accommo- the complete solution, though it will be an dation will mean that these sessions can be held important part of promoting elite sport in this over a number of days as players will be able to country. stay on site. All its international squads and emerging talent programme participants will be Other countries have special dedicated schools able to avail of this. for exceptionally talented students. We are prob- However, not all sporting organisations have ably too small to go that route, but we can their future plans tied into the campus develop- provide a better structure to nurture this talent ment. The Athletics Association of Ireland con- by focusing better supports at local, regional and tinues to pursue its own plans for an indoor arena national levels. Talented young people cannot and a new headquarters at the national athletics travel long distances on a regular basis to access stadium in Santry. the support services they need. It is a long jour- The Golfing Union of Ireland is going ahead ney from west Cork, Donegal or south Kerry to with its plans for a \5.5 million headquarters and Dublin. It is unfair to ask young people to travel golf academy at Carton House in Maynooth. The from different corners of the country to Campus general secretary of the GUI said recently that Ireland on a weekly basis, although they may be the campus will be of no advantage to his organis- able to do so on a quarterly basis, so the facilities ation. We have not heard from other organis- will have to be provided elsewhere. ations but some will find it advantageous to locate Even in Dublin, as we know, getting from one in Abbotstown while others will not. side of city to the other every day is almost I welcome the fact that the Minister said the impossible for children trying to pursue their existing buildings on the site in Abbotstown will chosen sport. I was recently speaking to a be used as much as possible by the organisations member of the UCD rowing club, which trains at that will set up there. I am particularly pleased Islandbridge. At times it takes them one and a that the FAI will use the fine State Laboratory half hours to get there from college by public building. There are fine buildings on the site in transport. Then they have to return, which takes Abbotstown and it would be a waste of resources up a considerable amount of their time, especially if they had to be demolished to make way for new at examination time. That is why we should have buildings. Some of them are so well designed they a spatial sports strategy for the provision of facili- should be the subject of preservation orders. ties for the nurturing of our future elite sportspe- While welcoming this Bill, it must be placed in ople. We need to establish one stop shops at a the context of a longer term national plan or local level. There, young people could access vision for the development of elite sport in this coaching, regular monitoring of training, infor- country. The Bill, as I am sure the Minister will mation on nutrition and, especially, advice on agree, is not an end in itself. The campus, when how to balance a study-sport lifestyle that will not developed, must be seen as part of an overall impede their future opportunities for earning a 837 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 838 living after they have finished their elite sporting years but without the required funding. The career. NCTC should be provided with the necessary In this regard we could learn from other coun- additional funding to employ the sports science tries, such as the Netherlands, where elite athletes and medical staff envisaged for the institute. are provided with a structured support system I also suggest a hub site should be established that ensures there is suitable employment at the in Dublin as part of the same management struc- other end of what is often only a few years at ture. There are many opportunities to create a the elite end of sport. They manage to do this hub in Dublin. For example, the new Campus by encouraging companies to adopt their sporting Ireland could be an ideal site. Dublin City Uni- elite. There is a payback for both the companies versity has an advanced, elite department and has and the individual sports player in such a system. developed its athletics programme successfully This could be encouraged through modest without much help or assistance and UCD has changes in the tax system. a well structured sports programme. Because the The proposed Irish institute of sport must also NCTC has been established in Limerick, it would figure prominently in any future vision of elite be timely to give it recognition and provide the sports policy in this country. I am glad the Mini- proper facilities and resources to allow it to ster referred to the proposed institute. I have develop into an institute of sport. been trying to raise this question with the Mini- Every country is examining Australia’s model ster in the House for the past year but my ques- for an institute of sport, which has been success- tions have been disallowed because the Ceann ful. We should examine that model as much as Comhairle’s office said the Minister had no possible. A number of institutes of sport in responsibility for the institute. He has confirmed England also operate successfully. Investment in today that he does have responsibility so the next coaches and residential training should also occur time I ask a question about the Irish institute of as part of this development. The new structure sport, I hope it will be accepted. could link to the Northern Ireland institute of The Athens review report of March 2005 sport as part of an all-island approach and to the recommended the establishment of such an UK network of institutes in the lead up to the institute with a view to establishing a sustainable 2012 London Olympics. In addition, investment infrastructure for the long-term development and should be made in national governing bodies, support of the high performance system in NGBs, to maximise their coaching structures and Ireland. Following the publication of the Athens performance management capabilities. Regional review report, the Irish Sports Council undertook nodes should be set up linking to the NGB a comprehensive consultation process to develop regional squad structures and the established net- detailed proposals for the establishment of an work of sports science and medical supports. institute of sport. The Sports Council appointed Creating another structure could lead to a two committees to produce the proposals — an dilution of focus. In other words, designating advisory group and a strategic technical group. another structure as an institute of sport would The groups included many overseas experts with lead to unnecessary duplication and a waste of an in-depth knowledge of sports institutes, includ- resources, particularly when that structure is ing Roslyn Carbon, former medical director with already in place. I am saying this as it is the right the English Institute of Sport, and Brian Miller, option and not because I went to a physical edu- a member of the British athletics sports science cation college in Limerick or have an affinity for panel. The work of both groups has been com- or connection to the University of Limerick in pleted and the report on the proposals for the some way. Apart from the NCTC, Limerick has establishment of an Irish institute of sport has a university, a college of science, an arena — one been approved by the board of the Irish Sports of the finest facilities in Ireland — and the boat- Council and is with the Minister for his approval. house being developed by Limerick’s rowing I call on the Minister through his leading official club. All of the facilities are in place. Limerick and the Minister of State, Deputy de Valera, to also has good access compared to Abbotstown. make this a priority. In fairness to him, the Mini- Two reasons people such as I argued against sit- ster has put in place many important parts of our ing a national stadium in Abbotstown were access arts and sports infrastructure including the refur- and traffic congestion, which the campus develop- bishment of Lansdowne Road, but this is a critical ment could also experience. For this reason I am matter. I appeal to the Minister to put it in place making a strong argument for the designation of as soon as possible as it will not incur a signifi- the National Coaching and Training Centre in cant cost. Limerick as the Irish institute of sport. This is the Through the Minister of State, who comes from most sensible way forward. the Clare constituency and will have an interest I will speak on a subject that is probably not in this matter, I call on the Minister to designate very popular in the House but must be addressed, the National Coaching and Training Centre in that is, the new authority to have responsibility Limerick as the national institute of sport. The for the National Aquatic Centre. I suggest the facilities proposed for the institute are an exten- authority carries out an independent expert sion of what the National Coaching and Training review of the reported defects and severe leaking Centre has endeavoured to provide in recent of highly chlorinated pool water into the subsoil 839 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 840

[Mr. Deenihan.] buildings at some stage, it would remove an argu- at Abbotstown. A number of reports have been ment from the equation. I suggest this way carried out, but apart from the report on the forward. storm damage to the roof to which I will later The British Olympic diving team had to cut refer, I am unaware of an independent structural short its training schedule at the National Aquatic report carried out by an expert group of engin- Centre, NAC, because of a defective diving eers. I appeal to the Minister for Arts, Sport and board. The defects in the building have been Tourism to ensure that is carried out before or highlighted by a number of journalists, including concurrently with the commencement of the new RTE’s chief reporter Charlie Bird. The Govern- authority. I will not take sides but what has hap- ment and CSID have pointed the finger at Dublin pened at the National Aquatic Centre has tar- Waterworld for not maintaining the building nished the image of what should be a great properly. A snag list was drawn up before and facility for Ireland. after the opening of the NAC. It seems this pro- The pool was obviously built in a hurry and cess is incomplete and major structural defects in there was much pressure placed on the builder the building have never been corrected. The first and everyone concerned to have it ready for the task of the new authority is to correct the defects Special Olympics. At the time, I am sure we all at the NAC and stop the blame game. As far as called on the Taoiseach, the Minister and CSID I know, Ireland has no diving programme or to finish the pool for the Special Olympics. On 26 policy but the fact that the British Olympic team March 2002, the Taoiseach admitted the National is using our facility is an endorsement of the Aquatic Centre was a rushed job when he stated centre. The building must be put in proper work- in the Da´il that if all procedures had been fol- ing order. lowed to the letter of the law, we would not have The Minister referred to a group of people, been in a position to complete the swimming pool including the OPW, CSID and the Department in time for the Special Olympics. of Finance, to consult with Fingal County Council Due to storm damage to the centre’s roof, it and undertake a study to determine a suitable was closed from January to May of 2005. Storm mix of sporting, leisure and amenity use to create force winds ripped a 25 metre section from the a vibrant and sustainable sports campus. The roof on New Year’s Day causing more than \1 campus should be used by the public as well as million in damage to the roof structure. The inde- elite athletes. pendent report carried out on the damage by The Minister referred to the value of sport. Kavanagh Mansfield and Partners consulting Young people are in the Public Gallery this after- structural and civil engineers found that “the noon. I surveyed 1,400 primary schools recently damage to the competition hall roof was caused and received feedback from the principals of by the failure of elements within the roof those schools. This conclusively showed that assembly”. It goes on to claim that this failure physical education is not being taught in our could not have occurred at wind speeds within schools and why, according to the Irish Heart normal design parameters for a building of this Foundation, one in five of children in the five to size in that location. Exceptional storm conditions 12 age group are overweight or obese. We do not need not have been present for the damage to have sufficient facilities available in our schools, occur. The roof failed due to lack of resistance to a point I have highlighted several times since I the wind suction forces exerted on the day of the published the report. Only 23% of primary storm. The forces did not exceed those that can schools have a sports hall. Irish weather is unsuit- be estimated for design purposes as possible to able for taking children outside during most of occur by reference to the normal design code. the year. It is impossible for teachers to The report concluded that the roof decking did implement a physical education programme with- not comply with the normal design codes or, in out facilities. While many facilities have been that regard, with the building regulations. The provided by the national lottery, I suggest giving engineers also stated that they were concerned preferential treatment to any school or local club about the safety of the roof. that agrees to provide a hall on, or adjacent to, I suggest the new authority, on the direction of school grounds. In some cases, this would solve the Minister or its new chairman, should appoint the problem. Kavanagh Mansfield and Partners to carry out a Of the schools that had sports halls only a small structural report on the entire building. Only then percentage had halls over 170 sq. m. This is the can the new authority determine what repairs are size of two badminton courts. This Bill is another necessary. It is important the report be carried part of the jigsaw in the development of infra- out as soon as possible. If it is not, the new auth- structure in sport. I see exciting possibilities for ority might become preoccupied with other prob- the new campus and, under the direction of lems in the National Aquatic Centre. For people such as Con Haugh, it may make a major example, a legal case is ongoing and there will contribution to elite sports and creating a sport- probably be others. There is a dispute about ing culture. The Bill should not be seen as an end rental payments and who is responsible for what. in itself. We must examine what is happening in If we had a proper engineer’s report on the centre our schools and communities. I look forward to and the defects such as those found in most new addressing various issues on Committee Stage, 841 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 842 such as the structure and size of the proposed centrates on the national sports and rugby and authority and the type of person who should be a soccer. member of the authority. The Minister referred to the role of sports in developing a healthy society. The proposed Mr. Wall: We have waited a long time for this centre at Abbotstown will be a means of legislation to reach the House. Difficulties with preventing anti-social behaviour among the Abbotstown had to be addressed before we young which is widespread in every village, town debated this Bill. Ireland is a sports mad country and city. Senior citizens are suffering as a result and we have set standards that prioritise our of anti-social behaviour and sport and recreation national games. We must try to change this mind is the one way to combat it. If youngsters can be set and portray Ireland as a country with inter- shown that sport and recreation are alternatives national ability at various disciplines. The to anti-social behaviour it would create a far Abbotstown campus is a first step as it will healthier society. Senior citizens could enjoy liv- provide facilities for minority sports, giving them ing in their own area and enjoy watching and sup- a prominence they have not enjoyed heretofore. porting local youngsters playing sports on the The lack of public relations and financial backing playing fields. This would help eliminate the are reasons these disciplines remain minority major social problem of anti-social behaviour sports. which afflicts every village and town. During Question Time the Minister suggested Recently the Community Games was the sub- at least 30 national organisations would be facili- ject of a question to the Minister. Given the tated in Abbotstown. I hope the authority will amount of land included in the proposed develop- examine creating a co-operative for minority ment, I ask the Minister to consider whether a sports, providing office staff and allowing these mechanism is available to allow for the Com- sports to develop. These sports have not been munity Games to be part and parcel of the overall able to attract young people into the discipline. structure. The Community Games includes a var- When children enter school they are asked if they iety of activities such as drama, art and the many want to play football, hurling, soccer or rugby. aspects of sport. It would be a natural progression This reflects the mind set of the Irish sporting for them to attach themselves to a particular sport or discipline and standards would rise as a result. public, which encompasses everyone in Ireland to If standards do not improve there could be disap- some extent. pointment in ten or 12 years’ time when we may Our boxers and athletes have tried to meet the not attain the success we hoped for. If the maximum qualifying standards for the Olympic enthusiasm and energy of the sporting associ- Games with the minimum number of of competi- ations does not reap the rewards in an improve- tors. As a small nation we do not have sufficient ment in performance in the Olympic Games, this numbers to raise the standard in various dis- disappointment may create problems in the aim ciplines to qualify for the Olympic Games. The of a better society being achieved through the advantage of London being the venue for the provision of sporting and recreational facilities. Olympic Games is a major factor. The costs The national lottery has been a means of pro- accruing to the Irish Sports Council and the viding funding for sporting facilities in towns and Olympic Council of Ireland will not be as high villages. There has been a decrease in the number as for previous Olympic Games. The problem of of people willing to help as volunteers and this relevant qualification pertaining to the different may be due to longer commuting times. Partici- disciplines will raise its head and while this pation in sporting activities has decreased as a occasion should allow for the largest national result. I ask the Minister to facilitate schools and team to be sent to London I wonder what the those living in the extensive catchment area of rewards will be when it comes to success. Is suc- Abbotstown. He is allowing for private entre- cess measured by the country’s attendance and preneurs to provide facilities. I hope he will allow participation or by the winning of medals? young people to come to the centre at The proposal is to look after the elite sportspe- Abbotstown where they can see the elite athletes. ople through funding of the sporting bodies but I ask the Minister to consider providing sports at school level must be encouraged. This national lottery funding to the various clubs facility is to be welcomed. My predecessor as which are encountering difficulties because of the spokesperson, Deputy O’Shea, always supported decrease in the numbers of volunteers, in part- the establishment of a centre of excellence. If this icular clubs in less well-off areas, to hire mentors centre is regarded as solely provided for the elite or coaches. The facilities may be in place but the athletes, we will not reap the significant and national lottery funding may be a means of pro- beneficial rewards. Young people must be viding funding at local level to pay for the neces- attracted to sport. Thirty national sports will be sary training of youngsters. A young person who facilitated as detailed by the Minister in his con- is involved in any sport or recreation will not tribution. I hope that when Abbotstown is up and have anti-social behaviour problems. In recent running, it will provide a central focus for many months the newspapers highlighted occasions on sporting groups which will encourage a diversifi- which a person with a sporting background was in cation from a more narrow mindset which con- trouble with the law because it is an exceptional 843 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 844

[Mr. Wall.] on the Bill. Given the raison d’eˆtre of the occurrence. Those with no background in sport Abbotstown facility, it is in the wrong location. or other recreation, such as drama, are reported Ideally it should serve the needs of the in the newspapers every day of the week as hav- Blanchardstown area. Although one could argue ing problems. that it is within a ten or 15 minute walk of the I cannot understand section 38, which provides: railway line to Sligo, most of the city and country ”The Taoiseach, the Minister for Finance and the will reach Abbotstown via the M50, which, as the Minister [for Arts, Sport and Tourism] shall have, authorities have acknowledged, will still be con- and be deemed always to have had, power to hold gested after the widening works are completed. and transfer shares in the Company and the This is despite the cost overrun from \300 million establishment of the Company shall be, and be to \800 million, which the Taoiseach said in this deemed always to have been, as valid and effec- House could run as high as \1 billion. In the tual as if they had that power at the time of its absence of a cross-city metro system, a network establishment. I would like the Minister to of Luas lines or investment in the Dublin Bus net- explain that? The Labour Party has raised it sev- work it is difficult to see how the country will eral times in the past on similar Bills but has not benefit from this national facility. This facility is received an answer. We have argued on the primarily for elite athletes and then for the local indemnity deal on some aspects of Bills, and this community. I have concerns on the commercial- was strongly contested by the Taoiseach. He ism of the final entity versus its ability to be avail- claimed that as a statutory corporation the Min- able cheaply to the local community. ster had a general contractual capacity. We won- Assuming the project will go ahead at this der if he is now getting different advice and location, I am concerned about the residential whether we will be able to discuss that matter on aspect. Will this mean more housing beside Second Stage. I ask the Minister to clear up the Abbotstown or housing for the people using the matter either when he sums up today or on centre, an elite athletes’ village? I support the lat- Second Stage. ter but I do not support an excuse to raise I ask the Minister and Deputy Deenihan to revenue for the local authority or the Govern- congratulate and thank Mr. Con Haugh, who has ment by building more houses. Given the large always been available to Opposition spokes- population increase in Blanchardstown, which persons who wanted to speak to him. With his used to be part of my electoral standing area over staff he has done much work on this facility. the years, this is not the right location. If we are to achieve international success at the The Minister acknowledged that there are Olympic Games we must broaden the range of growing concerns in Ireland and internationally sports followed by the Irish sporting public to about low levels of physical activity, particularly include Olympic disciplines. Because among young people. Obesity has become a criti- Abbotstown will facilitate 30 different disciplines, cal public health concern. Investment in sport can people may value sports they did not previously yield a tangible return in improved fitness and recognise. I was at a meeting of the Committee health for the individual with a consequent on Arts, Sport, Tourism, Community, Rural and reduction in demand for health services. This is Gaeltacht Affairs when the Young Da´il officials why I have called for increased sports funding. visited. One of the young people said he was not Even the dogs in the street or, I should say, the interested in soccer or football but liked to kick dogs at the track know the problem lies with a ball around. Some of the disciplines to be newly funding. The Minister has acknowledged in pre- available at Abbotstown may be of interest and vious replies that 37% of sports funding goes to benefit to that young person who feels that GAA, dogs and horses. I will discuss that in more soccer and rugby are too competitive for his detail later. physical well-being or attributes. I welcome the Bill. We will discuss it further Mr. O’Donoghue: They get prize money on Committee Stage when some of the matters whereas footballers do not. raised here will be discussed by way of amend- ments or by the Minister clarifying some of the Mr. Gogarty: Maybe. aspects of the Bill. Mr. Deenihan: Footballers get broken legs. Mr. Gogarty: With the Chairman’s permission I would like to share my time with Deputies Mr. Gogarty: The most important area is out- Crowe and Finian McGrath, in that order. side the remit of the Department of Arts, Sport I welcome the Minister back. I agree with the and Tourism. There is a serious deficit in schools. statements by Deputies Deenihan and Wall. I will As Deputy Deenihan said, people must get not explore the minutiae of the National Aquatic involved at an early age and the schools are the Centre or the issues Deputy Deenihan raised. appropriate forum. Deputy Deenihan’s survey Suffice to say that the new sports campus pointed out that schools suffer from a deficit of development authority will have its work cut out sport equipment, as have surveys by the GAA, on that. As the Minister has opened the debate the IRFU and the FAI. Because schools are lucky to include wider sports issues, I will not say much to have the most basic PE hall, teachers view the 845 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 846

PE curriculum as a joke, particularly the water that carded athletes can develop their abilities safety aspect. I have heard that schools may prac- with reasonable financial security. We need to be tice water safety using a bench, without ever able to identify top performers at an earlier age. touching a pool. That is the biggest joke of all. That means the countrywide roll-out of local It is no wonder we go on to under-perform on sports partnerships and development through the the world stage, as witnessed by our poor medal schools system. The high performance strategy haul in successive Olympic Games. In terms of identified the need to establish clear pathways to Olympic achievements, Ireland continues to lag the top, according to the Irish Sports Council. behind developed countries with a similar popu- Those support structures will not be available lation as well as those with fewer resources. This unless there is investment in the schools system. is not the fault of the athletes who most recently The Department of Education and Science went to Athens, did their best on the day and should take over that aspect of sport for young did Ireland proud. Given the lack of joined-up people or the Department of Arts, Sport and thinking between Departments such as Education Tourism should be made totally responsible for and Science, Arts, Sport and Tourism, and Health the provision of facilities in schools. A gap there and Children our rare successes have been needs to be addressed. achieved in spite of rather than because of a I mentioned earlier that Government funding strategy. Otherwise, it would not be taking nigh had gone to the dogs. It certainly has, with some on 50 years to honour Ronnie Delaney, for 37% of the Department’s sport funding going to example. the horse and greyhound industries. In response Following on from the Olympic Games there to my raising the issue before, the Minister made was the same talk from the Taoiseach and the a few jokes, which was fair enough. However, he Minister about commitment to developing sport. made no comment on the \16 million that Cool- At the same time schools are suffer- more Stud, for example, was able to spend on a 3 o’clock ing from serious under-investment in horse which will reap it a good deal of money in physical education facilities. For four the long-term. He did not mention, either, that successive years the paltry grant of \600 to \1,200 the horse and greyhound industries are based on for sports equipment in schools has been with- gambling and to a lesser extent, alcohol. These held. The Taoiseach has promised additional are pursuits I do not intend to criticise in their funding for sport. It is as well that schools should own right, but they are the wrong areas to fund be targeted for a start, since survey after survey while we are talking about obesity and trying to has shown that if children get involved in sport get people involved in sports. Perhaps the horse they are much more likely to continue this into and greyhound funding, after 2008, should be adulthood. Again, I will call on the Department abolished and real investment could be put into of Education and Science — not the Minister for people instead. We are looking towards the 2012 Arts, Sport and Tourism, he will be glad to hear Olympic Games and the Paralympic Games — to increase this grant and to target funding into where, as the Minister has said, there are oppor- schools building projects. This might include lot- tunities to promote Ireland as a high technology tery grants for individual primary and secondary centre. We will not have hi-tech well-developed schools or for projects involving links with local athletes competing in that, however, or young sports clubs. Sharing and clustering facilities in people reaching their sporting potential, because line with the integrated public partnership they will not have had the funding. If one does approach proposed by the Green Party would not have the proper play areas and facilities one mean facilities could be open all day and run cost cannot get involved in sports. We have seen the effectively for the benefit of the community. romantic dream in a particular television prog- Schools in rural and urban areas could also ramme where an individual goes to Mongolia or benefit in terms of how extensions to existing Brazil on behalf of someone who is working here facilities might operate. There are issues involved — I cannot recall the name of the programme. as regards security and management, but these One sees the children out in the dirt tracks kick- could be dealt with later on. ing ball. There are very few sports in which a ball Although there has been preliminary work on can just be kicked around and people develop an audit of sports facilities which was promised in into top class athletes. Most of them need facili- An Agreed Programme for Government, we are ties. In this context, if the Minister will not reduce still waiting for it. We will not have such a the funding for the horse and greyhound indus- countrywide audit by the time of the next general tries, can he at least, in conjunction with his col- election, so we will not know who is taking part leagues in the Departments of Education and among the various social, economic and demo- Science and Health and Children, look at increas- graphic groups. We do not have the data to allow ing funding for sport and people? That means for a more precise type of investment where it is starting from the bottom and providing facilities most needed. that people need. The message to the Minister is to work from the bottom up. We need to look at a beauty Mr. Crowe: In his reply to a priority question facility such as the Abbotstown sports campus, last week from my colleague, Deputy Ferris, the but we also need to look at long-term funding so Minister stated that in regard to the possible diffi- 847 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 848

[Mr. Crowe.] one of the organisations involved with so many culties affecting the development of Lansdowne young people from different backgrounds, keep- Road there was no “plan B” at the present time. ing them out of trouble and so on. Anyone who However, if the redevelopment runs into diffi- goes to Santry or Mosney every year will see culties as has been widely predicted, an alterna- many of those young people representing their tive might be needed. The question is, therefore, communities. In many cases it is their first step whether this Bill is laying the ground for such an on the ladder, and some of them have gone on to alternative. If that is the case, surely the Govern- gain international recognition and support ment ought to be more honest about it. I say that elsewhere. because of the widespread belief that even It will be interesting to observe what moves fol- though the Minister and other supporters of the low the likely passing of this Bill and what takes original proposal to build a national stadium, place during the planning process for the re- including the Taoiseach, were overruled by the development of the Lansdowne stadium. I am PD minority in Government in 2004, they have certain the GAA, at least, will watch closely, as I not entirely given up on the idea. Any impedi- am aware of a growing feeling among members ment placed in the way of the re-development of that they are not being told the full story about Lansdowne will be seized on as an opportunity to the decision to allow international rugby and soc- proceed with a full-scale stadium capable of host- cer fixtures in Croke Park during the redevelop- ing international soccer and rugby internationals ment of the IRFU stadium. A number of GAA at Abbotstown. members who originally supported the opening The question must be posed as to whether the up of Croke Park to international rugby and soc- Government has any real commitment to the cer including, I am reliably informed, full-time Lansdowne project. I say this on the basis of the officials, have changed their mind because they likely foreseen difficulties in securing planning believe they have been treated as pawns in a permission and the Minister’s stated position on wider game that includes the possible revival of Lansdowne in recent years. In February 2003, the national stadium proposal. when the proposal to build a national stadium at It is also feared that the short-term contract Abbotstown or another site was still a live option, may need to be extended if the redevelopment of the Minister told the House that he saw the pro- Lansdowne Road stadium runs into difficulties, vision of a 65,000-capacity stadium as essential to pending completion of an alternative site, which meet the future requirements of international fix- would obviously take a number of years. In this tures in soccer and rugby, and the optimum if the scenario, the GAA would, once again, be subject project was to be financially viable. Last week he to considerable pressure from several quarters to stated that the redeveloped Lansdowne Road make another magnanimous gesture. Many venue would have a seating capacity of 50,000. people feel that such a gesture would not only be Does he believe this is a viable figure and if so, at the possible expense of GAA sports but would what has happened to change his mind in the be used as a fig leaf to cover the failures of others, interval? including the State. I also strongly believe that while a modern Mr. O’Donoghue: Croke Park has happened. national facility to cater for sports such as ath- letics and swimming is necessary, priority should Mr. Crowe: Will this relatively modest capacity be given to the provision of modern facilities at be another reason an alternative facility based at local and regional level. There is no point in hav- Abbotstown is required. My party has no ideo- ing an athletics track capable of hosting inter- logical objections to the development of such a national events in Dublin if talented young run- facility. We certainly support the development of ners around the country do not have access to a state of the art sports facility to cater for other adequate training facilities within a reasonable sports. However, we believe that more trans- distance of their homes. parency is required, particularly in regard to pre- cisely what is being proposed for the Mr. F. McGrath: I welcome the opportunity to Abbotstown site. contribute to the very important debate on the The text of the Bill does not make the position National Sports Campus Development Authority clear, although the reference in section 7 to pro- Bill. When we debate this legislation, it is fessional and amateur sports people clearly important we touch on sport in general because, allows for scope for the development of a stadium frequently, we do not sufficiently value sport’s as originally envisaged. Section 8 provides for the contribution to society, particularly the immedi- involvement of non-statutory bodies that would ate effect on people who participate in sport. The facilitate such a proposal. In this regard, perhaps benefits of participating in sport encompass the Minister might indicate his thoughts on the health, fitness and personal development for Community Games, which many of us support young people and adults. If someone participates each year, and the whole question of a permanent in sport from a young age, it can gave him or her home for them. I am told they are to be held at a positive sense of the competitive side of life, Mosney in 2010. As part of this proposal, the which will benefit him or her in the long term. Minister might look at the Community Games, as This is why this debate is so important. 849 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 850

Before we address the details of the legislation, made and their inclusion in society must be sup- we should highlight and set down our priorities ported. There should be no holding back when it as a society. While I accept that sport is comes to funding sporting projects, particularly important, other issues must come first. It is for people with disabilities. amazing and rather odd that we can build a mag- I congratulate the Irish soccer team and its new nificent stadium at Croke Park with excellent manager, Steve Staunton. Before his appoint- facilities that are far in advance of those in other ment, many cynics queried his suitability for the international stadia but we cannot solve some of role because of his lack of experience. I was one our social problems, particularly those pertaining of the people who stood by and supported him, to health. Yesterday, we heard about the 450 particularly with regard to the question of his people left on trolleys in accident and emergency experience. I also wish the Irish rugby team well departments in hospitals. It is amazing that we in Saturday’s match against Scotland. When we can combine our talents and intelligence to build examine sport in more detail, we can see that it a massive stadium yet we have been unable to has created role models for both children and resolve the accident and emergency problem over adults. People like Padraig Harrington and the last number of years. Sport is, therefore, Damien Duff have a major contribution to make linked to health and poverty. towards the formation of progressive and sensi- However, there is no contradiction between my tive people. previous comments and my belief in the import- However, we must also support our own clubs. ance of sport. We must prioritise certain areas. I am saddened when people support clubs in Issues such as the crisis in accident and emer- other countries at the expense of their local clubs. gency departments, people with disabilities and As a supporter of Shelbourne Football Club, people living in poverty must be top of the social which is based in Tolka Park, I commend the club and political agenda. It is only then that we can for the magnificent work it carries out in the get on with developing other issues. general area. In the wake of the recent riots in Sport for children is extremely important. O’Connell Street, residents in the Richmond There has been a decline in children’s partici- Road area are concerned about potential trouble pation in sport, particularly in recent years. We at the next match between Shelbourne and Lin- now live in the computer age and children spend field. I have informed the Minister for Justice, hours in front of computers, particularly after Equality and Law Reform of my concerns. Win- they come home from school, and do not take dows in houses on Richmond were smashed fol- part in activities in which they would have partici- lowing a match between Shelbourne and Glento- pated 20 or 30 years ago, such as playing football ran. I appeal to the Minister to wake up with or other games. We must connect this issue with regard to this issue because we do not want to see the issue of health. trouble at one of our football matches. I commend teachers, particularly primary school teachers who are directly involved in We should also commend the magnificent work coaching and teaching physical education. Not carried out by Cumann na mBunscol over the only do they make a significant contribution to years in our primary schools. It has contributed the health of young children, they are also facilit- significantly to the development of children’s ating the release of energy and aggression. sport and health and fitness issues. We must also Students from schools with a strong involvement commend the clubs in our constituencies which in sport, particularly those located in have made a major contribution to sports. I am disadvantaged areas, are less likely to become thinking in particular of clubs in my constituency involved in crime and other anti-social behaviour. such as Craobh Chiara´in GAA Club in If one examines the lives of many children who Donnycarney, St. Vincent’s GAA Club in get into trouble with the law in some communi- Marino, Clontarf GAA Club, Whitehall ties, the sad reality is that they are not involved Colmcille and the Parnell Gaelic Football Club. I in sport. There are many creative people working urge the Minister for Arts, Sport and Tourism to in the primary education sector and many excel- fund and support all these clubs in the interests lent physical education teachers in secondary of the local community because they play a very education. When we plan the curriculum, we valuable role. should design sports to suit the needs of children. A few Members of the Houses of the Not all children are good at soccer, rugby or Oireachtas football team are present. I commend Gaelic football so a wider range of sports should Deputy Deenihan on the magnificent work he has be made available to ensure these children are carried out for charities through our football catered for. team. It is important to value the contribution sport has made, particularly over the last ten years, to Mr. Durkan: Hear, hear. the personal development and inclusion of people with disabilities. From my work with families of Mr. F. McGrath: I understand Deputy Glennon people with disabilities, particularly those with has had problems getting on the first team but we physical disabilities, I know sport has had a major can work on that. He should get back to his impact on them. The contributions they have training. 851 National Sports Campus Development 9 March 2006. Authority Bill 2006: Second Stage 852

Mr. Durkan: Hear, hear. the system and make a contribution in their local communities. As I said earlier, clubs like St. Mr. Glennon: It is nothing new. Vincent’s in Marino, Craobh Chiara´in in Donnycarney, Clontarf GAA club, Whitehall Mr. Deenihan: We might find room for him. Colmcille and Parnell GAA club have made a massive contribution to the community spirit in Mr. F. McGrath: Was he on the hurling team? my constituency. Did he turn up for the hurling match? I commend Section 24 allows the Minister to give general the Oireachtas football team and Deputy policy directions to the authority. As the Minister Deenihan for the work they have done and the is elected by the people, it is an important aspect. amount of money they have raised for GOAL While it is right to put an emphasis on amateur and other charities since I entered the House. sport and health and fitness, access to sport for When one examines the details of this legis- people with disabilities should also be taken into lation, one can see that the Government has account. Social inclusion means making it pos- approved the creation of the national sports cam- sible for people with disabilities to become pus development authority to oversee the plan- involved in sport in their communities. We saw ning and development of a campus of sports an example of this during the Special Olympics facilities at Abbotstown in Dublin 15. The Bill’s where people got involved and a buzz was created primary purpose is to provide the statutory basis around the activities, particularly the event in for this authority, which I welcome. Sections 5 Croke Park. I was there with my family and many and 6 of the Bill provide for the making of an parents and friends of people with disabilities, order by the Minister to set a date for the estab- and the way in which the children were directly lishment of the authority, which will be known as involved played a major part in involving them in the national sports campus development auth- the community spirit. I urge the Minister to deal ority and which will have, with the approval of with this issue in a positive and constructive way. the Minister and the consent of the Minister for The arts are also important for society. They Finance, the power to acquire, hold and dispose are something that people may not take seriously, of land and other property. I hope that if some- but they are important for children. While there one comes up with a sensible idea which will may be children in the system who are not benefit sport and communities in Ireland, the especially interested in sport, they may be Minister for Finance will not stand in the way. interested in music and the arts. There should be Section 7 describes the authority’s functions. no elitism in the development of this area. The primary functions of the authority are to Section 29 provides that the authority or a sub- develop a sports campus on the site in sidiary may borrow with the approval of the Mini- Abbotstown; furnish, equip, manage, operate and ster given with the consent of the Minister for maintain it; and encourage and promote its use Finance. Section 30 provides that the authority by professional and amateur sportspeople and may, for the purposes of providing access, acquire members of the public. Section 7 is important by agreement or, in accordance with Schedule 2, because it deals with the professional and ama- compulsorily, any land adjoining the Abbotstown teur aspects, and there is a role for both. We have site or any interest in or right over such land. an extra onus to ensure those involved directly in Schedule 2 details the provisions relating to the amateur sport get priority under the plan. compulsory acquisition of the land referred to in A development plan for the campus must be section 30, including that such acquisition must submitted for approval by the Minister and the be authorised by an order made by the Minister. Government before the commencement of each This is an important aspect. When dealing with phase. Details of the phases must also be submit- planning issues, we must ensure that local people ted for approval. I welcome some of the progress- are directly involved and considered in a posi- ive developments that have taken place in the tive manner. FAI under the leadership of John Delaney. There I thank the Minister and commend him on is a sense of excitement and expectation. It is a bringing this important legislation before the new management team who have massive know- House. Sport is not just about the cream of ledge and experience. The planning application society but about everyone. Everyone should get has been lodged for the new stadium and an involved in sport and in their local club. They agreement has been reached on Croke Park, should choose the sport they like and make a con- which is a brave and popular decision. In the tribution to the club, society and the country. meantime, we are preparing for the Euro 2008 qualifiers, which will give another boost to the Mr. Glennon: For a minute I thought I was country and create positive energy. listening to Deputy O’Connor reading out a lit- I welcome the Government’s approval for the any of the clubs in his constituency. Perhaps sports campus. While these are the big events, as Deputy McGrath is spending too much time Members we must ensure the local events get listening to the Deputy. He will be pleased to priority. I urge people to support their local clubs realise that his influence has gone across the city. because these are the backbone of the national bodies. These clubs bring the children up through Mr. O’Donoghue: Across the country. 853 Priority 9 March 2006. Questions 854

Mr. Glennon: It is a pleasure to speak on the reality to the sport to which I refer in which we all Bill and to congratulate the Minister, Deputy participate at some stage and, I hope, for lengthy O’Donoghue, and his officials, especially Mr. Con periods in our lives. I hope increasing numbers of Haugh, on all the achievements that have been young people will become involved in that end made over recent years in sport in Ireland, partic- of sport. ularly the very positive and benign influence of the Government in the major developments that Debate adjourned. are taking place. Listening to some of my colleagues on the Messages from Select Committees. opposite side, I wonder on what planet they live. Acting Chairman (Mr. Carey): The Select Deputy Crowe should realise that it is not pos- Committee on Enterprise and Small Business has sible to have an Olympic swimming pool in every completed its consideration of the Employment village. He appeared to think it was. He also Permits Bill 2005 and has made amendments appeared to want running tracks at every cross- thereto. The Select Committee on Justice, roads, which is not the way life is. Deputy Equality, Defence and Women’s Rights has com- Gogarty complained about the amount of money pleted its consideration of the International allocated by the Department to horse and grey- Criminal Court Bill 2003 and has made amend- hound racing. Obviously he is not a fan of either ments thereto. sport, because anyone who goes to either a race meeting or a dog track and witnesses the econ- omic and sporting activity which takes place hand Ceisteanna — Questions. in glove will realise the advantage this is, not just to the economy but to the social fabric of the Priority Questions. country, especially rural Ireland. Section 26 of the Bill is a standard provision ———— requiring the authority to provide itself with a seal. Perhaps that would be the Green Party’s Garda Reserve Force. best contribution to the Bill. Deputy Sargent has 1. Mr. J. O’Keeffe asked the Minister for a whole sanctuary of them at Garretstown. Justice, Equality and Law Reform if members of the Garda Reserve Force will be entitled to effect Mr. O’Donoghue: Here they seem to hate arrest under the Public Order Acts and other horses and dogs more than motor cars. legislation that requires a Garda to form an opinion as to wrongdoing; the training that will Mr. Glennon: It is a pleasure to speak on the be put in place for this purpose; the consultations Bill, even though my time will be divided he has had with the Garda representative bodies between this afternoon and the next day. I reiter- on this and other issues of concern to them; and ate my compliments to the Minister and his staff. if he will make a statement on the matter. Sport in Ireland has come on in leaps and [9819/06] bounds over recent years. The number of women participating in sport, which I will deal with in 2. Mr. Costello asked the Minister for Justice, the other part of my contribution, is growing at a Equality and Law Reform the progress that has phenomenal rate. One only has to look at ladies’ been made in recruiting a volunteer Garda football under the auspices of the FAI and camo- Reserve Force; and if the Garda representative gie and ladies’ football under the auspices of the bodies have been consulted on the proposal. GAA to see the amount of participation that is [9984/06] taking place in every parish throughout the coun- try. Participation is what sport is about. It is not Minister for Justice, Equality and Law Reform about sitting with one’s feet up, however enjoy- (Mr. McDowell): I propose to take Questions able it may be, looking at Sky Sports or whatever. Nos. 1 and 2 together. While it is important to the economics of sport, Under section 15 of the Garda Sı´ocha´na Act we should not get carried away with that end of 2005, which provides for the establishment of a sport which I have often referred to as the show Garda reserve, the powers and duties of reserve business side. While a positive advantage may members may be determined by the Garda Com- accrue from that side of sport, the reality is what missioner. The Garda Commissioner, in a com- the Minister’s approach is all about. He is trying prehensive submission to me on the Garda to provide the facilities so that ordinary men, reserve, has proposed that the powers of reserve women and children can participate fully in the members will be confined to the enforcement of healthy activity of sport and if by chance they certain aspects of the following Acts: under the want to move into an elite sport, this facility will Road Traffic Acts — demanding driving licences be available to as many people as can avail of the and insurance details, enforcing the wearing of opportunity. We tend to get carried away by the seat belts etc; under the Public Order Act — deal- show business aspect of sport and we tend to ing with the offences of intoxication, threatening think it is the reality. It is a tiny percentage of behaviour, disorderly conduct and failure to com- the numbers participating in sport. It bears little ply with the direction of a member of the Garda 855 Priority 9 March 2006. Questions 856

[Mr. McDowell.] reserve with carefully selected powers and duties, Sı´ocha´na; and under the Criminal Justice (Theft will significantly increase the capacity of the and Fraud Offences) Act — dealing with the Garda Sı´ocha´na to combat crime and disorder, offences of theft and burglary. Reserve members and provide the public with the security and would also be given the power of arrest under the safety it rightly demands. Criminal Law Act 1997, which provides powers of arrest for both members of the Garda Sı´ocha´na Mr. J. O’Keeffe: I wish to make it clear that it and civilians. has been Fine Gael policy for a long time to The Commissioner’s proposals make clear that establish a Garda reserve as support and back-up reserve members will receive more than 120 for the Garda Sı´ocha´na, but my concern is that hours initial training, which is up to the best inter- the ham-fisted approach of the Minister in the national standard, including training on the exer- introduction of a Garda reserve may have cise by reserve members of their limited powers, damaged the successful implementation of the which are limited; they will be vetted to the same scheme. He has totally failed to engage the princi- extent as full-time gardaı´ as regards security and pal stakeholders — that is, those on the frontline, character — there is no danger of infiltration by the members of the Garda Sı´ocha´na — in the subversives or criminals of the reserve force or development of the proposals. the force in general; they will have the same edu- I met the presidents, vice presidents and cational standards as recruits to the full-time general secretaries of both the main organis- force; they will only patrol in the presence and ations, the Garda Representative Association and under the supervision of full-time members; they Association of Garda Sergeants and Inspectors will only serve in uniform and will not drive early last week and made it clear to them that I official vehicles or carry firearms; they will be was in favour of the idea but that I wanted to subject to a full disciplinary code; and they will know their concerns. Their main concern, to not be deployed to carry out duties in their own which the Minister must respond, was the lack of immediate neighbourhoods. prior consultation. They were very aggrieved that I have said that I am extremely impressed with there had been no consultation whatsoever with the comprehensive nature of the proposals for the them on the development of these proposals, Garda Sı´ocha´na reserve made to me by the what would be successfully operational and what Garda Commissioner. The proposals envisage a would be the main obstacles. After all, they are thoroughly trained reserve with carefully selected on the frontline and they believed they should powers and duties, working under the supervision have had an input. of members of the Garda Sı´ocha´na. I have asked They also felt there was a serious breach of each of the Garda representative associations to trust on the part of the Minister in that they meet me to discuss the proposals before I proceed understood from discussions with him at the time to draw up the necessary regulations for Govern- of the introduction of the Bill that this was purely ment approval. I am glad to say the associations an enabling measure and that it would not be have agreed to this and the meetings are sched- introduced in the lifetime of this Government or uled to take place over the next two weeks. I have the next one, at least while Deputy McDowell also said that I will present the regulations in was Minister for Justice, Equality and Law draft form to the Joint Committee on Justice, Reform. They were absolutely clear on that and Equality, Defence and Women’s Rights for con- felt betrayed by what had happened in the sideration. meantime. The Garda reserve will be a valuable additional The third issue they raised was the powers of support for the Garda Sı´ocha´na. It will enhance any such force and, as the Minister knows, I am the force’s capacity to respond to emerging in agreement with them in this regard. They were policing challenges and will reinforce its links very concerned that while on duty, members of with local communities. At the same time, the such a force would have full powers of arrest, strength of the force is being massively increased some of which the Minister detailed. I have major from 12,000 to 14,000 members and the Garda concerns that a volunteer reserve force would budget is also at an all time high. This year’s allo- have powers beyond the powers of arrest avail- cation of \1.29 billion represents an increase of able to any citizen. My approach would be that 13% on the allocation for 2005. It includes pro- they would operate totally under the supervision vision of over \83.5 million for overtime, an and direction of the Garda Sı´ocha´na. increase of \23 million on last year’s allocation, Other areas, such as vetting, discipline etc. can which will yield over 2.7 million hours of Garda be discussed but these are three principal issues overtime for frontline policing throughout the arising from those meetings. What is the Mini- State. Millions of euro are being spent on upgrad- ster’s reaction to my comments and, in particular, ing Garda stations throughout the country and to those three major issues which arose in my dis- the roll out of a new state-of-the-art Garda digital cussions with the representatives of the GRA and radio system will commence this year. the AGSI? This huge increase in the strength and resources of the Garda Sı´ocha´na, supplemented Mr. McDowell: I welcome the acknowledge- by the additional resource of a well trained ment by Deputy O’Keeffe that his party has sol- 857 Priority 9 March 2006. Questions 858 idly and fully supported the establishment of a Mr. J. O’Keeffe: Why did the Minister not hold Garda reserve and that it promised it to the elect- back then? orate on a number of occasions. I note he has not, in any way, resiled from that. Mr. McDowell: Deputy O’Keeffe is aware that On the question of consultation, as the Deputy he urged me in this House to scrap the delay well knows, the Bill was crafted on the suppo- mechanism on their introduction because the sition that the initiative and proposals for a legislation provided for a one year delay. He said reserve would come from the Commissioner of in this House that he wanted it done now. He also the Garda Sı´ocha´na and that it would not be a said in the House that he wanted 5,000 reservists. question of the Minister deciding on a reserve Mr. J. O’Keeffe: Four thousand. I gave no and starting to consult the Garda associations. commitment. That is written into law. The strange thing is that I began to detect opposition to the process of Mr. McDowell: No, but—— internal consultation in which the Commissioner engaged before he made any proposals to me Mr. J. O’Keeffe: I want the reserve. about the nature and functions of a reserve. I read in the newspapers about two days’ training Mr. McDowell: I indicated in response to etc. at a time when I had received nothing from Opposition requests that I should expedite the the Garda Sı´ocha´na on the same subject. From introduction of the reserve force—— the moment I received the Commissioner’s pro- posals, I indicated that I would maintain an open Mr. J. O’Keeffe: Why did the Minister not go door policy with the Garda Sı´ocha´na. I pre- back to the two bodies? empted no one in this respect. I re-emphasise to the Deputy that I will talk to anybody at any time Mr. McDowell: The third point is in regard to on this subject. power. The second issue the Deputy raised was that Acting Chairman (Mr. Carey): Deputy Costello when the heads of the original Garda Sı´ocha´na wishes to ask a supplementary question. Bill were published, I had a meeting with members of the GRA and AGSI and they had Mr. McDowell: I want to make this point in considerable problems with a number of the pro- regard to power. I am in the process of consul- visions in the Bill. For instance, at that time they tation. The Commissioner has made proposals to indicated they would advise their members not to me. Like the Deputy I will be very careful to have anything to do with the Garda Ombudsman ensure the reserve’s powers are commensurate Commission’s inquiries and that they envisaged with its training and capacity. I will not budge members of the Garda Sı´ocha´na would not con- from that because I, just as much as everybody duct inquiries at the behest of that commission. else in this House, am committed to the success They had other very strong objections to, for of a reserve. I hope the Deputy is not thinking of instance, the obligation to fully account for the back-pedalling from it on the basis of its powers manner in which they carried out their duties. because it is for us in this House to decide. I will They expressed very strong constitutional reasons be putting the regulations for the reserve before why they though what was being proposed in the this House. It is for us in this House to decide heads of the Bill was incorrect. In the course of those issues but it is not a good reason for not that conversation I said to them that I did not going ahead with the force in principle. envisage introducing the Garda reserve in the course of the lifetime of this Government. The Mr. Costello: The Bill that went through the reason I did so was because on the publication of Da´il contained one section dealing with the vol- the Garda Bill there was no indication at that unteer reserve force consisting of 15 or 16 lines. It was very sparse in detail. On various Stages I time of the Government’s agreement to expand queried the lack of detail on protections, safe- the force to 14,000 because of the embargo that guards and training and asked for some specific was in place. I had made a solemn commitment details but very few specifics were forthcoming. in public that I would never use the reserve as a This is part of the problem when one is introduc- substitute for proper recruitment and staffing for ing something as major as another police force. An Garda Sı´ocha´na. I said that to them at the The Minister has referred to building up the time and they know that. If they have a careful reserve force to 4,000 members. This will have minute of what was said, I told them that was the major repercussions. The reassurances that were reason, that I was not in a position at that time to needed at the time were not forthcoming and deliver the extra strength to An Garda Sı´ocha´na have not been given since, even though the Mini- because of the freeze on Government recruit- ster has gone down the road some distance ment and, therefore, at that stage I did not envis- towards opening the debate, having consultation age being in a position during the lifetime of the and so on. The fear of the Garda Representative Government to bring forward the proposals for Association and the Association of Garda a reserve. Sergeants and Inspectors arises from the Mini- 859 Priority 9 March 2006. Questions 860

[Mr. Costello.] Irish Examiner will come away with a strong con- ster’s past record in regard to delivery of services viction that it is a good idea. to the Garda. In addition to the process of consultation we had in the course of the debate where I indicated Acting Chairman: Will Deputy Costello formu- the regulatory framework was business for late a question? another day, members of the Joint Committee on Justice, Equality, Defence and Women’s Rights Mr. Costello: If it will take over six years to went to the United Kingdom and saw at first get 2,000 full-time trained gardaı´ in place but 900 hand the special constabulary that operates there reserve gardaı´ will be in place by September of and came back with an entirely favourable view this year it is no wonder the Garda Sı´ocha´na con- of all of that. I could not discuss proposals I had sider this a yellow pack reserve force. Gardaı´ not received. As soon as I did receive them I have complained they have only one pair of sum- invited the associations to discuss them with me. mer trousers, one pair of winter trousers, and that They have used intemperate language describing they have to provide their own torch batteries, the Commissioner’s proposal as “crazy and use their own mobiles and only have analogue dangerous”. I reject that language out of hand. telecommunications. They are totally under- Deputy Costello suggested the Garda had used resourced but the Minister is ploughing ahead the term yellow pack but in fairness to the associ- with this force. ations the only time this term has been used is in Why should they not expect the worst in this this House, not by the Garda. I do not propose respect considering that no prior consultation has to get into a confrontational mode. taken place with the force? Consultation is only now about to commence. The Garda has organ- Mr. Costello: They used another term — ised a series of meetings around the country. hobby bobbies. Senator Maurice Hayes has given his implemen- tation report on the Garda Sı´ocha´na Act 2005, Acting Chairman: We are six minutes over time which does not include any reference to the on this question alone. implementation of the Garda reserve. Could we not provide the 2,000 extra gardaı´ to give reassur- Mr. McDowell: I assure the House that my ance to the Garda that it will not be babysitting door is always open. I am behaving in a concili- an inadequately trained reserve force that is atory way. I want everybody, including Members, imposed on it and that the major components of to have confidence in the fact that I will fully the Garda Sı´ocha´na Bill will be up and running? In the meantime we can have a process of consul- accommodate any reasonable points people wish tation with the Joint Committee on Justice, to make in regard to this matter. Equality, Defence and Women’s Rights, and the pilot scheme can be put in place so we can all see Mr. J. O’Keeffe: I am stunned by the cavalier where we are going on this important issue. I admission from the Minister that, in fact, he was agree with the Minister that we have all sup- guilty of a breach of trust here and that he did ported this in principle but we need to put the say to the members as they have claimed that he nuts and bolts of it together properly. did not envisage the introduction of the force.

Acting Chairman: The Minister should be Acting Chairman: Has the Deputy a question? brief. We are well over time on this question. Mr. J. O’Keeffe: Why did the Minister not go Mr. McDowell: I favour a consensus approach. back and talk to them and explain at an early That is what I am doing. My door is open. I am stage that the situation had changed as far as he bringing the regulations to the Joint Committee was concerned and give them an outline of his on Justice, Equality, Defence and Women’s then thinking rather than present them with what Rights. It is open to the members of that commit- they see now as a fait accompli? tee to bring in the representative associations and to discuss any principled difficulties they may Mr. Costello: Before the Minister replies, I have with them. I met with the AGSI and told it reiterate—— that until I had a proposal from the Com- missioner I could not discuss with it rumours that Mr. McDowell: I have not breached trust with I had read in newspapers. anybody. As a Minister, my trust is to implement I ask every Member of this House to look at the law as laid down by this House, as backed by today’s Irish Examiner where there is an excellent all the Members of this House. It is true that article setting out some of the realities of a when the recruitment of 2,000 extra gardaı´ was reserve force and how it operates in a neighbour- held back by the public service embargo I made ing jurisdiction. It refers to the attitude of full- it clear to the associations that I would not use time police officers in that jurisdiction and their the reserve force as a substitute for the expansion federation is to such a reserve force. Anybody of An Garda Sı´ocha´na and I am sticking to that who reads the article by Paul Kelly in today’s proposition. 861 Priority 9 March 2006. Questions 862

Mr. J. O’Keeffe: It was meant to happen during tives of both the visiting VIP and the local com- the lifetime of this Government. munities. In the case of two stopovers by US President Bush at Shannon Airport on 1 and 5 Mr. McDowell: Deputy Jim O’Keeffe urged me March last, this standard practice was fully to get on with the job and remove the delays. He adhered to. In response, the Garda authorities is now resiling from that position. put in place security arrangements at Shannon Airport commensurate with the risk associated Mr. J. O’Keeffe: I object to that, I am not resi- with the profile and standing of a President of the ling. The Minister blames everyone else. He United States of America. These arrangements blames me for his own breach of trust. included the deployment of Garda personnel sup- ported by the Defence Forces acting as an aid to Mr. Costello: Is the Minister now prepared, the civil power. considering all the controversy, to consult and put It is not the practice and it would be contrary a pilot programme in place instead of rushing to the public interest to detail the specific security this? arrangements in place at Shannon, including the number of Garda personnel involved. In this Mr. McDowell: The Garda Commissioner’s regard, I hope that the Deputy will appreciate proposal is for a force of 4,000 with initial pilot that revealing such information about past secur- projects in a number of areas. In 2006, 900 ity arrangements would be manifestly detrimental members will be recruited for allocation on a to the very purpose of invoking such arrange- pilot basis to a number of areas. There was no ments in the future. question of there not being a pilot approach. That I have previously informed this House that the is why there was provision in the Estimates of Garda authorities deployed 281 members to \ 1.28 million. police the Love Ulster parade on 25 February, with an additional 67 member detachment of the Mr. Costello: It has taken six years to recruit public order unit held discreetly in reserve. As 2,000 extra gardaı´. the appalling scenes of rioting developed, a further 138 members arrived to assist, including a Mr. J. O’Keeffe: If the Minister had the good 47-strong additional group of members drawn grace to apologise to the two associations for the from the public order unit. Although for sound breach of trust, the environment would be much security reasons I am not in a position to detail more conducive for the introduction of the the precise number of gardaı´ deployed at scheme. Shannon, I can say, perhaps to the Deputy’s dis- appointment, that numbers did not exceed those Mr. McDowell: I do not need to apologise to initially deployed at the rally in Dublin city the associations. My door has been open. I have centre, contrary to some media reports. There not used intemperate language and I will not do were fewer people at Shannon for the Bush visits so. than were initially deployed for the Love Ulster rally in O’Connell Street. Mr. J. O’Keeffe: The Minister gave an under- I am not in a position to provide details of the taking to consult on this. costs incurred by the Garda Sı´ocha´na in respect of the Love Ulster rally or the Shannon stopov- Mr. McDowell: I did not give an undertaking ers, as this information is still being collated by to anyone. Garda management and is not yet available. I wish, however, to comment upon the attempted Garda Deployment. juxtaposition of policing strengths at the Love 3. Mr. Gormley asked the Minister for Justice, Ulster rally and the security arrangements at Equality and Law Reform the number of gardaı´ Shannon Airport. We are dealing with two and other security personnel provided for the two entirely separate and distinct kinds of Garda refuelling stops by the US presidential aircraft at operation. The two events were entirely separate Shannon Airport recently; the cost of these secur- in nature and, consequently, demanded an ity arrangements; the number of gardaı´ deployed entirely separate response for which comparisons at the Love Ulster rally in Dublin on 25 February are invalid, except to say that, contrary to what 2006; the cost of those security arrangements; and was printed in newspapers, the number of gardaı´ if he will make a statement on the matter. deployed for President Bush’s visits to Shannon [9961/06] was smaller than the number initially deployed to police the Love Ulster rally. Mr. McDowell: It is standard practice for visit- ing Heads of State and other similar VIPs to Mr. Gormley: The Minister has not given many make the Government, via the Department of details, citing security reasons. I have nothing to Foreign Affairs, aware of any intention to visit go on other than the Minister’s assurance that we or pass through the State so that any necessary cannot compare the demonstrations. Only nine security arrangements may be put in place to people stood in the rain in the middle of the night ensure an incident-free event from the perspec- to demonstrate at Shannon Airport. I hope the 863 Priority 9 March 2006. Questions 864

[Mr. Gormley.] would be trouble on Parnell Square. I do not Minister accepts that many people will be understand how the Minister and Garda Sı´ocha´na annoyed to discover that a major security oper- did not know about this in advance. ation was mounted in Shannon to protect one man, albeit the President of the United States and Mr. McDowell: I am not acquainted with the commander-in-chief of US forces in Iraq, while websites that Deputy Gormley stares at in the on the other hand there were insufficient gardaı´ early hours of the morning, but one of them, on the streets of Dublin to protect the citizens of www.indymedia.ie, has in the past produced the city from a rampaging mob who engaged in interesting footage. On this occasion, it produced wanton violence and caused millions of euro footage — from outside — of the Progressive worth of damage to business. Does this not dem- Democrats Party offices being ransacked by a onstrate that the Minister’s priorities are skewed? group of Deputy Gormley’s type of people. Will the Minister tell the House the basis on which he mounted the security operation in Mr. Gormley: That remark is out of line. Shannon? Did he have prior information that there would be trouble? There was no inkling of Mr. McDowell: It made interesting viewing. it on the Internet. Could the Minister explain how We downloaded it and sent it to the Garda for neither he nor the Garda had any inkling of investigation. potential violence in Dublin when the Internet was alive with traffic that indicated there would Mr. Gormley: The Minister cannot abuse Da´il be trouble. The Minister has surveillance of the privilege by making serious allegations against Internet but this did not require much effort. One me. He is out of order. I would not condone any need only have looked at the various sites and such behaviour and I politely ask him to withdraw blogs. Deputy Costello indicated that there could his remark. be violence when he spoke in the House. How could the Minister not have a clue what would Mr. McDowell: I am merely saying that the happen in Dublin when he is the Minister who party and viewpoint with which most people, knows what he knows? including me, would most closely associate the anoraked group which descended on my party’s Mr. McDowell: The Minister for Justice, offices would be the Deputy’s. Equality and Law Reform does not decide the security arrangements at any event. Such Mr. Costello: The Minister is confusing Deputy decisions are for the operational judgment of Gormley’s supporters with the Taoiseach’s gardaı´ under the Commissioner. I am not con- followers. sulted in advance and have no input into Garda security arrangements. I do not micro-manage Mr. Gormley: His comments are outrageous. them. The strength of the Garda Sı´ocha´na at He has abused Da´il privilege in the past to either event or at any other is not dictated by me engage in this kind of slur. He misled—— so my priorities are not skewed. I notice the Deputy said he has nothing to go Mr. J. O’Keeffe: Deputy Gormley should not on since I gave no figures or costs. He has nothing take the Minister seriously. His behaviour is par to go on anyway because his point is flawed. for the course. More gardaı´ were not deployed at Shannon than at the Love Ulster rally. To say otherwise is not An Ceann Comhairle: My understanding is that true. The fact that only nine of Deputy Gormley’s the House is debating a priority question for sympathisers turned up in the middle of the night which the time has concluded. at Shannon is ex post facto. If 500 of his friends had turned up, he would be the first to say if there Mr. Gormley: On a point of order, the Ceann had been an incident that I was unprepared for it. Comhairle cannot allow a Minister to behave in Going back to the Love Ulster events, either this fashion. He has cast a slur by making a this House thinks it is better at policing events serious, outrageous allegation. than the Garda or it does not. I do not under any circumstances pre-empt the way in which the An Ceann Comhairle: The Deputy may not Garda Sı´ocha´na chooses to allocate resources make statements during questions. save to say that it enjoys unprecedented resources in terms of numbers and money. When the main Mr. Gormley: The Minister misled the House constituents of the rainbow Government were in on 12 December and had done so on other office, the number of gardaı´ fell. occasions. He abuses Da´il privilege on a regular basis and has nothing but contempt for the Mr. Gormley: If the Garda has such resources House. He should disown the disgraceful remarks at its disposal, why was not it not possible to he made. monitor the Internet traffic that showed there would be trouble in Dublin? I have seen the sites An Ceann Comhairle: That is not a point of telling people not to go into town because there order. 865 Priority 9 March 2006. Questions 866

Mr. McDowell: There was muesli in the air and Sı´ocha´na hold firearms certificates and it is open-toed sandals on the street. imperative that they have the highest professional training. Information supplied to me indicates Garda Training. that this is not the case as gardaı´ have no firing range — the indoor ranges in Dublin and 4. Mr. J. O’Keeffe asked the Minister for Templemore are closed — student gardaı´ do not Justice, Equality and Law Reform the firearms receive firearms training, gardaı´ are only allowed training facilities which are available to members to practise three times per annum, no tactical of the Garda Sı´ocha´na; the number of times these training is given and 500 new SIG 6 mm and 9 facilities can be used; the amount spent on fire- mm automatics are in stores with no one trained arms training by the Garda Sı´ocha´na; his views in their use. on whether the current provisions are adequate; I understand a report is being compiled on the and if he will make a statement on the matter. use of firearms. I understand this report, a copy [9820/06] of which I have sought but not yet received, may contain the following statement: Mr. McDowell: Firearms training forms part of all specialist training conducted by the specialist The firearms training situation in An Garda training unit under the authority of the Garda Sı´ocha´na is at present in crisis. This crisis arises College. I am advised by the Garda authorities from a failure to provide a clear operational that they have the use of Army firing ranges to and training policy, appropriate training facili- facilitate Garda firearms training and have access ties, a proper internationally recognised— to 12 such ranges countrywide. The total expendi- ture for the specialist training unit for 2005 was An Ceann Comhairle: It is not in order to \ 1,959,266 which includes all salary and related quote from documents during questions. ancillary costs. This figure does not include travel and subsistence incurred by individual members Mr. J. O’Keeffe: I will abide by the Ceann undergoing the training. Comhairle’s ruling. A serious issue arises in this The number of gardaı´ who carry arms on duty regard because 3,600 members of the Garda at any particular time is an operational matter for Sı´ocha´na are being given inadequate training and the Garda Commissioner. I have made it clear in do not have proper facilities to bring them up to the past that the traditional unarmed character of the highest professional standards in the use of the Garda Sı´ocha´na has been one its key firearms. Guns are lethal instruments which can strengths in maintaining its public reputation as cause injury and damage to members of the force an approachable force which polices by consent and the public. rather than fear. This is a tradition which any reasonable member of the public would want Mr. McDowell: I reject the suggestion that continued. there is a crisis. The fact that more than 3,600 Instruction governing the use of firearms and members of the Garda Sı´ocha´na are issued annu- practical-tactical training is provided for each ally with a certificate for which they undergo test- firearm on issue to the Garda Sı´ocha´na. Members ing every year speaks for itself. In 1985 when two must achieve the necessary skills and standards to certain parties were in government an indoor meet the aims and objectives for each firearms range was built in Garda headquarters. This course. There is also an ongoing annual recertifi- range is out of service and awaiting complete cation programme, which includes refresher refurbishment because concerns arose about the training. safety of the building which the Deputy’s party Members of the Garda Sı´ocha´na who success- constructed when in government. An external fully complete the relevant firearms training company has been engaged with a view to decid- course are issued with a certificate of competency ing how the building, which is only 20 years old, in the particular firearm. To carry a firearm on can be made safe and brought up to the proper duty the member’s chief superintendent must standards. issue the member with a firearm authorisation Last year the Garda authorities submitted pro- card. I am informed by the Garda authorities that posals to my Department for the provision of two the total number of firearms cards issued for the Garda firearms training facilities. These are being year ending 31 December 2005 was 3,631 or considered by officials in my Department in con- approximately one quarter of the force. sultation with the Office of Public Works. In the Responsibility for the use of a firearm resides medium term it is planned to provide a new with individual gardaı´ in accordance with centre of excellence for the Garda College. A site instructions. for this centre, which will cater for a broad range of tactical training requirements for the force, Mr. J. O’Keeffe: One of the most far-sighted including facilities for firearms training, is being and enlightened decisions of the founding fathers sought. The Garda authorities have informed me of the State was to have an unarmed police force, that they are satisfied current firearms training is although I accept that armed back-up is neces- adequate for the present firearms training needs sary. Currently, 3,600 members of the Garda of the force. 867 Priority 9 March 2006. Questions 868

Mr. J. O’Keeffe: Does the Minister not accept assist in crime prevention and detection and can that this is an extremely serious issue, for which only improve the effectiveness of cross-Border he has responsibility? Does he accept that the policing and the fight against terrorism, drugs, information I cited, which was passed on to me smuggling and other organised crime to the anonymously by what I believe to be credible benefit of all the people of this island. sources, indicates a serious state of affairs? The Protocols for a programme of personnel Minister should take responsibility in this matter exchanges and secondments between the Garda and ensure deficiencies in firearms training are Sı´ocha´na and the Police Service of Northern remedied immediately before a serious injury or Ireland have been agreed. Secondments and accident results. exchanges will provide a two way flow of experi- ence and expertise which will enhance policing Mr. McDowell: I assure the Deputy that if the standards in both organisations. Personnel Garda Commissioner asks me for resources for exchanges have now commenced between the firearms training and makes proposals — he has two forces and I intend to expand the prog- already proposed the establishment of two ramme. Work is progressing on other aspects of centres — which can be implemented, the ques- the intergovernmental agreement, such as joint tion of resources will not arise. It is simply a emergency planning, joint investigations, training matter of giving the Garda approval to put in and annual conferences. place what is appropriate for the force. No Mini- The House will be aware of the considerable ster in the history of the State has given the amount of co-operation that takes place between Garda as many resources as are currently avail- the bureau and the Assets Recovery Agency in able to it. I will not stint any resource as far as Belfast and London. Investigations are carried gardaı´ being properly equipped to carry out their out in conjunction with UK Customs, the Police duties is concerned. I am satisfied the particular Service of Northern Ireland, the Assets Recovery problem which emerged with the 20 year old Agency and the Revenue Commissioners. Oper- indoor firing range erected when the Deputy’s ations have led to prosecutions and resulted in party was in government is being addressed. the forfeiture of assets and the breaking up of a number of organised crime gangs involved in Mr. J. O’Keeffe: The Minister should stop play- illegal cross-Border activity. Only today, a joint ing politics with a serious issue. CAB-ARA operation was conducted along the border into the activities of a well-known Mr. McDowell: The other facilities to which I member of the Provisional IRA. referred will be provided when sites are identified With regard to sex offences, the Sex Offenders for them. Act 2001 contains provisions on persons travel- ling to and from this jurisdiction. Close liaison is Mr. J. O’Keeffe: The Minister should read the maintained between the Garda Sı´ocha´na and the report of the working group from which I believe Police Service of Northern Ireland in respect of I have quoted. persons subject to the Act and information on the movements of such persons is exchanged for North-South Co-operation. policing purposes. A memorandum of under- 5. Mr. Costello asked the Minister for Justice, standing on information sharing arrangements Equality and Law Reform his response to the between Ireland and the UK, including Northern policy document recently published by the SDLP Ireland, with regard to sex offenders has been entitled North-South Makes Sense; his views on negotiated by my Department and the Home an all-Ireland agency to combat crime and terror- Office and I expect Government approval for ism, an all-Ireland criminal assets bureau and an this shortly. all-Ireland sex offenders register; and if he will make a statement on the matter. [9985/06] Additional information not given on floor of House. Mr. McDowell: I welcome this important docu- The intergovernmental agreement on North- ment because it represents a positive contribution South co-operation on criminal justice matters to the agenda of North-South co-operation. The was signed on behalf of the Irish and British Government is focused on developing North- Governments in July 2005. Under the agreement, South co-operation across a full spectrum of a registered sex offenders advisory group has areas. In terms of the specific areas referred to by been established consisting of representatives of the Deputy, a wide range of co-operation is the Garda Sı´ocha´na, the Police Service of already in place. An intergovernmental agree- Northern Ireland, my Department and the ment on police co-operation was signed by the Northern Ireland Office. This group will evaluate Irish and British Governments in 2002. This pro- the potential for sharing information, including vides the framework for the implementation of potential benefits and barriers, and will identify the Patten recommendations which relate to the areas for future co-operation. ongoing enhancement of North-South police co- This Government will continue to push for- operation. Closer communication and co-oper- ward the North-South agenda. While proposals ation between our police services will directly for all-Ireland criminal agencies such as those 869 Other 9 March 2006. Questions 870 proposed would raise constitutional and legislat- upon conviction in the UK or Ireland, if not a ive difficulties, the Government will continue to single register of such offenders. However, a sin- promote closer cooperation between the two gle sex offenders register would probably necessi- jurisdictions in all areas where it will prove tate an alignment of criminal law in the area of beneficial to the people of this island. sexual offences because complications would otherwise arise in terms of putting people on the Mr. Costello: While I am glad the Minister wel- same register if each jurisdiction provided for dif- comes the proposals, can we make progress in ference consequences for offences. I have an implementing them? For example, the Criminal open mind on the question of whether a mutual Assets Bureau has admitted that about 35% of its recognition system or a single register is the cor- investigations into money laundering, smuggling rect approach. I concur with the Deputy that it and drugs are conducted on both sides of the is essential that sex offenders registers be made Border and that its powers are different to those interoperable at the very least. of the Assets Recovery Agency. The ARA can only investigate matters when the PSNI specifi- Mr. Costello: As it is a unique event that the cally requests it to do so, whereas the CAB has Minister and I are at one on an issue, I wish to its own powers and responsibilities. We need a ask one more question. common agency with the same powers and an overarching mandate in both jurisdictions. The Mr. McDowell: The Deputy wants to find one same applies with regard to intelligence on crime point of disagreement. and terrorism matters. Rather than basic co-oper- ation on registers of sex offenders, a common Mr. J. O’Keeffe: It is getting dangerous. Will register is needed to cover the entire island. Deputy Costello accept the Minister in the next While we have done some work in terms of co- Government? operation, we have done little to create a single all-Ireland agency in these areas. Can we not, in An Ceann Comhairle: We have to move on the context of the Good Friday Agreement, because we are out of time. implementation bodies and the North-South Council, begin to harmonise the powers of the Mr. Costello: Will the Minister examine the agencies to benefit the citizens of both juris- dictions? A single agency should have responsi- proposals made in this document on justice and bility in some areas, such as a single sex offenders policing to determine whether progress can be register or a joint criminal assets bureau. These made through the establishment of a combined would be more beneficial in terms of delivering agency? Steps could be taken by his Department services. and the authorities on the other side of the island towards —— Mr. McDowell: I have great sympathy for the Deputy’s point that a single agency should com- An Ceann Comhairle: The Deputy should give bine the functions of CAB and ARA on an all- way to the Minister. We are already 20 minutes island basis. There is significant scope for cross- beyond the allotted time for Priority Questions. Border agencies of this kind and the changes made to the Constitution in the aftermath of the Mr. McDowell: The document will be closely Good Friday Agreement make provision for their studied and the Deputy can rest assured the establishment. As a footnote, on a recent perusal Government has a substantial appetite for North- of archival material in my Department, I noticed South co-operation in criminal justice matters. that some exciting proposals were made during the Sunningdale negotiations by the Irish An Ceann Comhairle: I remind the House that Government for joint policing initiatives. two minutes are allowed for the Minister’s reply, However, we have to learn to walk before we run. one minute for each supplementary question and We have to ensure the basis for co-operation a total of six minutes per question. between the forces of law and order on either side of the island is enhanced and that interpen- Other Questions. etration takes place through secondments so as to build the necessary trust. ———— In principle, I support proposals to establish a single criminal intelligence body but we must be Criminal Prosecutions. aware of political realities in Northern Ireland. It was difficult enough to persuade the majority 6. Mr. Rabbitte asked the Minister for Justice, community there to accept the Patten proposals, Equality and Law Reform the outcome of the let alone introduce an all-Ireland dimension to Garda investigation into the serious assault on a some aspects of policing. person (details supplied) in County Donegal; if I strongly support any method whereby com- there is a file with the Director of Public Pros- mon notification can be made of sex offenders ecutions; and if he will make a statement on the who are registered on either side of the Border matter. [9673/06] 871 Other 9 March 2006. Questions 872

Mr. McDowell: As I have informed the House the allocation for 2005, which was itself a record on previous occasions, this matter has been the allocation. subject of a considerable amount of correspon- The Act provides for the establishment of a dence over the years. The Garda authorities number of new organisations, in particular the inform me that the case concerns an offence in Garda Sı´ocha´na ombudsman commission and the which the person referred to by the Deputy was Garda inspectorate. A provision of \10.01 million fired at and assaulted. The case was the subject has been made in the Justice, Equality and Law of a thorough Garda investigation and a file was Reform Vote for the Garda Sı´ocha´na ombuds- submitted to the Director of Public Prosecutions, man commission, and a provision of \1.902 mil- who directed that seven charges be preferred lion has been made in the same Vote for the against a third party as follows: causing serious Garda inspectorate. harm, assault causing harm, assault, The Act also provides that I may issue guide- endangerment, two charges of possession of an lines for the establishment by each local authority unlicensed firearm and ammunition and reckless and the Garda Sı´ocha´na of joint policing commit- discharge of a firearm. tees. I am proposing that joint policing commit- The case was heard at Donegal Circuit Court tees should be established on a pilot basis in a on 13 and 14 December 2000. The accused ple- number of local authority areas as a first step and aded guilty to the fifth and sixth charges and the I will issue the necessary guidelines shortly. They remaining charges were contested. After two have been the subject of consultation between my days, the jury found the accused not guilty on the Department and the Department of the Envir- other charges. In respect of the two charges to onment, Heritage and Local Government. This which the accused pleaded guilty, a two year approach is based on advice I received from the prison sentence suspended and one year prison review group on the implementation of the Garda sentence suspended were handed down, Sı´ocha´na Act 2005, chaired by Senator Maurice respectively. Hayes, whose report I published last month. As the Deputy will appreciate, I have no role Senator Hayes is an enthusiastic supporter of a in the investigation or prosecution of cases. This Garda reserve force. is a long-standing principle of our system of My Department and the Department of the justice. The role of the Garda is to investigate Environment, Heritage and Local Government alleged offences, gather whatever evidence may propose to make available \600,000 in total for be available and to submit a report to the Direc- the operation of the committees on a pilot basis tor of Public Prosecutions. The question of when they are established this year. There is whether a particular person should be prosecuted adequate provision in the Garda Vote to meet my and for what criminal offence is the responsibility Department’s contribution of \300,000. of the DPP. The Director of Public Prosecutions, The Act also provides for the establishment of who is independent in the performance of his reserve members. A sum of \1.28 million has functions, makes his decision on the basis of the been allocated in the Garda Vote this year for Garda material given to him and on statute law. the recruitment of reserve members. That was the The courts are independent, subject only to the subject of extensive publicity when the Estimates Constitution and the law, in the exercise of their were published last year. The Act provides for functions. It would not be appropriate for me to the transfer of responsibility for civilian staff in comment on the conduct or outcome of any indi- the Garda Sı´ocha´na from my Department to the vidual court case, which is entirely a matter for Garda Commissioner. This is planned for the presiding judge, assisted in this case by a jury. September 2006. The cost of these staff is borne A variety of factors are taken into account by a on the Garda Vote and there is provision in that \ judge in deciding on any particular case, and Vote of more than 46 million for clerical, indus- decisions on sentencing are reached by a judge trial and other civilian staff. Full provision has after hearing the evidence presented and been made. assessing the circumstances of the case in the con- text of the verdict reached by the jury. Mr. Costello: I am glad to see provision being made in all those areas. It is strange that approxi- mately \10 million is being provided for the Departmental Funding. ombudsman commission but it will not be oper- 7. Mr. O’Shea asked the Minister for Justice, ational this year. I do not know where that money Equality and Law Reform his Department’s will go. Only \1.28 million is being provided for budget for implementing the major new pro- the Garda reserve force and 900 of these visions of the Garda Sı´ocha´na Act 2005; and if he members will be operating this year. It appears will make a statement on the matter. [9683/06] disproportionate.

Mr. McDowell: I am satisfied there is adequate An Ceann Comhairle: Does the Deputy have provision in the 2006 allocations to implement the a question? major provisions of the Garda Sı´ocha´na Act 2005. The Garda budget for 2006 is \1.29 billion, an all- Mr. Costello: In terms of the most important time high, and represents an increase of 13% on element of the Garda Sı´ocha´na Bill, the joint 873 Other 9 March 2006. Questions 874 policing committees and the community policing for the year to the Garda Commissioner. The section, the Minister appears to indicate that this Commissioner’s function is to come up with pro- will be a private arrangement. Is he indicating posals of his own with regard to individual areas that it will be privately funded? It seems this will of policing operations and give them to the Mini- be the core of the legislation, and if it is to be ster. If the Deputy is asking me if I order the successful, it will require resources for the local Commissioner to buy an extra set of trousers for authority and communities involved. every garda——

An Ceann Comhairle: The Deputy’s minute is Mr. J. O’Keeffe: Does the Minister discuss concluded. such matters? Mr. Costello: With regard to the Garda and employment of extra gardaı´, there will be much Mr. McDowell: ——and cut back on batons or movement internally in various communities to overtime, I do not. get this operating effectively. There appears to be adequate provisions for other areas, but there Mr. J. O’Keeffe: Does the Minister raise the seems to be a shortage of the provisions made for question of whether we need a water cannon? community policing. An Ceann Comhairle: The Minister should be Mr. McDowell: With regard to local policing allowed to respond. committees, these will not be provided with new buildings or furniture. The committees will func- Mr. Costello: Gardaı´ would need a change of tion in existing premises. Most of the associated trousers if we had a water cannon. costs are administrative, and most of the support for the committees themselves will be supplied by Mr. McDowell: The water cannon is a very sim- administrative staff from existing bodies. ple issue, and perhaps the Deputy will hear my There are funding programmes which already answer. I asked the Commissioner, in light of aid bodies such as community crime forums and recent events, whether it was satisfactory that the similar matters. They are not the same as funds six water cannons in Northern Ireland, costing going to establishing the local policing commit- approximately £800,000 sterling, or over \1 mil- tees. The existing resources for those types of lion each, are the sole source of water cannons operations, which come from State sources, are on this island. not all tied up together in the \600,000 package. That is intended as new money to support the Mr. J. O’Keeffe: They could be on permanent costs of the pilot scheme of local policing commit- loan. tees. It is not a question of private funding. However, local authorities will be expected to Mr. McDowell: It was the Commissioner’s view fund local policing forums, as they have done in that if one water cannon was bought, another the past. would have to be purchased as they are complex Mr. J. O’Keeffe: Now that the new Bill is in instruments and if one breaks down there would place, does the Minister involve himself in estab- have to be a back-up. In his view, he would get lishing priorities for funding? I mentioned earlier much better value for \2 million relying on the needs such as the obvious inadequacies in matters mutual assistance arrangements between the such as firearms training. Issues have recently PSNI and the Garda, rather than having water become evident such as inadequacies in driver cannons lying in a depot. I can imagine if we had training, school lecturer numbers, etc. There are two extra water cannons, with one of them mal- regular reports of a lack of equipment and 20 functioning, Deputy Jim O’Keeffe would get his year old walkie talkies. Deputy Costello earlier usual letter with a dog-eared corner detailing the mentioned the lack of proper uniforms and shirts. secret information that one of the water cannons Does the Minister take any involvement in isolat- was not working. He would ask what the Minister ing such problems? proposed to do about it.

Mr. Costello: Some gardaı´ have only one pair Mr. J. O’Keeffe: I am glad the Minister recog- of trousers apiece. nises my use. Mr. J. O’Keeffe: Trousers are even more important. Does the Minister consider the main An Ceann Comhairle: The time for the ques- needs and requirements and prioritise them tion is concluded. accordingly? I get a continuous stream of com- plaints relating to all these aspects which seem to Mr. Costello: I have a brief supplementary be of no concern to the Minister. question for the Minister.

Mr. McDowell: Under the Garda Sı´ocha´na An Ceann Comhairle: We have gone eight Act, the Minister gives overall policing priorities minutes on this question. 875 Other 9 March 2006. Questions 876

Mr. Costello: That was not my fault, it was the from the person, which was down 23%, and theft fault of the Minister, who was allowed to rabbit from the person, down 18%, the crimes that most on. affect tourists. The Garda Sı´ocha´na this year has the highest An Ceann Comhairle: The Deputy went over level of resources in its history — \1,290 million, on his minute’s allocation also. which represents an increase of \146 million or 13% on 2005. The provision for Garda overtime Mr. Costello: I did not. in 2006 is \83.5 million, an increase of \23 million on the allocation for 2005. This increase will Mr. McDowell: If somebody were to analyse greatly assist the planned deployment of a visible today’s Question Time and compare it with the policing service in a flexible, effective and tar- Second Stage speeches earlier—— geted response to criminal activity and to crime prevention, including criminal activity as it affects Mr. Costello: The speeches made by the Mini- tourists. The \83.5 million in overtime will yield ster are incredible. He is forever making Second 2.725 million extra hours of policing by Stage speeches. uniformed and special units throughout the State.

Mr. J. O’Keeffe: The Minister did not have it Mr. J. O’Keeffe: Does the Minister acknowl- all his own way today. edge that almost 500 tourists were victims of crime in Ireland last year? That is unacceptable. Crime Prevention. People increasingly choose destinations which are 8. Mr. Deenihan asked the Minister for Justice, welcoming and safe and it is of no benefit to the Equality and Law Reform the efforts taken to tourism industry to have such high crime figures. reduce the level of crime directed against tourists While the number of robberies fell, theft to Ireland; the response of his Department to accounted for approximately 60% of those crime against tourists; and if he will make a state- crimes. Is the Minister concerned about that? ment on the matter. [8261/06] Does he have any proposals or plans for dealing with the situation better than we are doing at Mr. McDowell: A number of initiatives have the moment? been undertaken by the community relations section of the Garda Sı´ocha´na during the last ten Mr. McDowell: To be a victim of crime while years in response to crime directed against tour- visiting any country is appalling and it wrecks a ists. Crime prevention cards and booklets are tourist’s whole experience. There is in all Euro- made available to tourists through airports, car pean countries a tendency in criminal quarters to hire firms, tourist accommodation and at tourist target tourists and I do not believe we are any attractions. These provide information on per- different. However, 500 out of the total who visit sonal security and give advice on issues such as Ireland is a very small minority. We have set up keeping money safe, where to park safely in the Irish Tourist Assistance Service which had urban centres and advice on traffic laws. 293 referrals in 2005, 17% less than the previous There is regular and ongoing contact between year’s figure of 353. Some 476 tourists benefited the Irish Tourist Assistance Service and the from assistance given by the service while 357 Garda community relations section with the days were spent on helping tourists solve prob- object of further improving the police service for lems arising from such crime. There are tourists, in particular in such areas as language, interesting figures on the Irish Tourist Assistance cultural and environmental difficulties and unre- Service’s website, which I recommend to the ported crimes. In addition data on crimes Deputy, and information on where offences were reported to the service are made available to committed etc. The highest incidence was in inform future policing needs for tourists. Each Dublin and, for the first time, Galway stations year Garda divisional officers from the Dublin referred the most cases outside Dublin with ten, metropolitan region participate in the annual County Wicklow referred nine, County Kerry six, conference of the service. County Clare five and County Limerick four. The Garda community relations section also They are small figures, however, and we should provides input to the training needs of the volun- not talk up the problem and damage our tour- teers who provide a service to tourist crime vic- ism industry. tims. This service was provided with funding tot- Mr. J. O’Keeffe: We should not ignore it either. alling \50,000 in 2005 by the Commission for the Support of Victims of Crime and is based in Mr. McDowell: I agree but, comparatively offices provided by the Garda Sı´ocha´na in its speaking, foreign tourists in Ireland are safer than Harcourt Square premises. Neighbourhood in many, if not most, places in Europe. policing units in Dublin also provide tourist assistance in areas where criminal activity against Explosive Devices. tourists is at times a problem. I am pleased to note that there were significant 9. Mr. Sherlock asked the Minister for Justice, reductions in 2005 in the incidence of robbery Equality and Law Reform his views on the series 877 Other 9 March 2006. Questions 878 of pipe bomb incidents which occurred in Dublin ific incident, there is concern about interaction in recent weeks that required the presence of between dissident republican groups and criminal Army bomb disposal experts; if he is concerned gangs. The situation is further complicated by the at the prevalence of such incidents; and if he will involvement of the groups themselves in general make a statement on the matter. [7174/06] criminality. Although there were three such devices in Mr. McDowell: The Deputy will be aware that fairly rapid order, the evidence seems to suggest there have been three recorded incidents involv- they were unconnected, different in character and ing the use of so-called pipe bombs recently in not put together by the same people — a coinci- Dublin, all of which required the services of an dence rather than a pattern. Army explosives ordnance disposal, EOD, team. In the first incident, which occurred at approxi- Mr. Costello: I thank the Minister for his reply. mately 4.25 p.m. on 8 February 2006 outside a Does he agree that such a huge increase in the residence in Coolock, a small, flask-like object use of firearms as we have seen recently is fell from the boot of a car on to the ground and extremely alarming? There was an increase of broke. Moments later, thankfully after the per- 20% in the seizure of firearms in 2005 over 2004 sons in the immediate vicinity, whose suspicions and a 250% increase in the number of fatalities were raised, had an opportunity to move away, from firearms arising from gangland feuds etc. the device exploded causing minor damage to Now pipe bombs have appeared on the crime nearby cars. Fortunately, no persons were scene in north Dublin, not to mention the tragic injured. An Army EOD team attended the scene shooting a couple of days ago of Donna Cleary in and confirmed that a pipe bomb had exploded the same general area. This indicates that a sub- and that the area was clear. stantial amount of dangerous weaponry is coming In the second incident, which occurred on 10 into the country which is linked to drugs and February outside a residence at Roseglen Avenue being used in a more indiscriminate fashion than in Kilbarrack, a substantial explosion occurred could have been contemplated in the past. There under a car parked in the driveway. Significant seems to be very little that the authorities, includ- damage was caused to the car in question and to ing the Minister and the Garda Sı´ocha´na, can do the front of the residence, although again, thank- about it. It is causing considerable alarm in the fully, no persons were injured. The services of an public domain as citizens worry that this lawless- Army EOD team were sought, and a thorough ness and criminality is becoming commonplace. It examination of the scene revealed no further has progressed from a very unusual occurrence devices. involving few deaths a few years ago to wide- Unlike the previous two incidents, the third spread attacks on human life. incident, which occurred at approximately 8 a.m. on 15 February, involved a hoax device placed An Ceann Comhairle: The Deputy has had underneath the private car of a member of the one minute. Garda Sı´ocha´na attached to the national bureau of criminal investigation. At the time, the car was Mr. Costello: What steps is the Minister parked in the driveway of the member’s private taking—— residence. Again, an Army EOD team attended Mr. McDowell: It is a slightly different question the scene and determined, after expert examin- but since the Deputy asked—— ation, that the device was a hoax. In all three cases, the scenes were preserved for Mr. Costello: What steps—— technical examination. The devices were exam- ined by the Garda technical bureau and the three An Ceann Comhairle: Let the Minister incidents remain under active investigation. answer, Deputy. Given the spate of such incidents in what is a relatively short period of time, it is natural that Mr. Costello: The Minister has answered a there has been much speculation about possible question I have not asked, which he has a great links between the incidents. While the incidents habit of doing. remain under investigation, and I do not wish to pre-empt the outcome, it is not possible to be An Ceann Comhairle: The Deputy is entitled definitive on the matter. However, at the moment to a minute for his question but has already had the Garda believes there is no link and that the a minute and a half. It is in the interests of three cases all involve different people doing Deputies that we have order at Question Time. If different things. it was left to the Deputies today, we would have There has also been speculation that the pipe answered approximately four questions in an bombs were manufactured by dissident republi- hour and a quarter. can groups and sold on to criminal gangs. I am not in a position to confirm or deny this specu- Mr. Costello: I asked no question good, bad or lation, but I do not believe the three incidents are indifferent subsequent to one of the questions I connected, even on the basis of the manufacturer asked the Minister. The Minister cannot blame of the devices. Without commenting on any spec- the Judiciary. 879 Other 9 March 2006. Questions 880

An Ceann Comhairle: The Deputy should ask Mr. Broughan: The Minister opposed the a question. Criminal Justice (Public Order) Act 1994 when it was a Bill. Mr. Costello: What steps is the Government taking to ensure that we put an end to this type An Ceann Comhairle: The Minister without of criminal behaviour? interruption.

Mr. McDowell: There is a significant difference Mr. McDowell: Will the Deputy listen? between firearms and pipe bombs and the fire- arms issue is far more serious. Mr. Broughan: I remember that the Minister opposed the Act when he sat on the other side of the House. Mr. Costello: Pipe bombs are dangerous. Mr. McDowell: If the Deputy has such a good Mr. Broughan: Pipe bombs are lethal. What is memory, he will recall that both Opposition par- the Minister talking about? ties, which are now speaking about minimum mandatory sentences, strongly opposed that An Ceann Comhairle: Allow the Minister to notion. reply. Mr. Costello: The Minister is not answering the Mr. Broughan: This is raime´is. question. The Ceann Comhairle must make the Minister answer. Mr. McDowell: What am I talking about? Mr. McDowell: Deputy Costello’s colleague, Mr. Broughan: We are talking about people Deputy McManus, strongly opposed the intro- being killed. duction of mandatory minimum sentences at the time. Mr. McDowell: Is a hoax pipe bomb a firearm? Mr. Costello: That is totally irrelevant. Shout- Mr. Costello: Deputy Broughan’s constituency ing and roaring is not the way to address the has been subjected to this lawlessness on a reg- issue. ular basis. Mr. McDowell: Deputy Jim Higgins rather than Deputy Jim O’Keeffe was the Fine Gael Mr. Broughan: Yes. A family has been spokesman at the time. He opposed mandatory terrorised. minimum sentences and claimed they were unconstitutional. An Ceann Comhairle: I ask that the Deputies allow the Minister to reply without interruption. An Ceann Comhairle: The Minister’s time has concluded. I would like to give Deputy Jim Mr. Broughan: People must check their cars O’Keeffe an opportunity to ask a brief question. every day. Mr. Broughan: The Minister’s colleague, the An Ceann Comhairle: If the Deputy continues, Ta´naiste and Minister for Health and I intend to adjourn the House without taking the Children—— Adjournment debate. Mr. McDowell: Let us remember the recent Mr. Costello: We are not talking about Dublin hypocrisy in the House of people who have 4, rather the northside. always opposed firm laws.

Mr. McDowell: In two weeks, we will debate Mr. Broughan: The Minister opposed the Act. the amendments to the Criminal Justice Bill in He is singing a different tune and should go back the Select Committee on Justice, Equality, to the PD—— Defence and Women’s Rights. They will intro- An Ceann Comhairle: I ask that Deputy Jim duce significant increases in minimum sentences O’Keeffe be allowed to submit a question. for firearms offences. There will be an amnesty in respect of firearms and new offences in respect Mr. McDowell: Let us remember a pair of par- of sawn-off shotguns and the like. ties that were hounded out of office because they The Deputy mentioned the Judiciary. In ran down the number of gardaı´ and the prison respect of mandatory minimum sentences, I service. wanted to say in this House and I will publish a document this afternoon to prove the hypocrisy (Interruptions). in the House in recent days where tablets were consumed in large amounts and mock theatricals Mr. Costello: The Minister should do some- took place. thing about this matter instead of talking about it. 881 Postal 9 March 2006. Services 882

An Ceann Comhairle: I ask the Minister to answer Deputy Jim O’Keeffe’s first question, I allow Deputy Jim O’Keeffe to ask a brief sup- believe it is sinister. Putting a bomb or mock plementary question. bomb——

Mr. J. O’Keeffe: We will debate mandatory Mr. Costello: Will the Minister do anything sentencing—— other than promise more legislation?

Mr. Costello: It would be a waste of time to Mr. McDowell: Will the Deputy stay quiet? I bring in new legislation when we have not agreed am trying to use my time. the amendments to the Criminal Justice Bill. The Minister only has the heads of the Bill. An Ceann Comhairle: Allow the Minister to respond. We will move on to the Adjournment An Ceann Comhairle: Deputy Costello should debate. allow Deputy Jim O’Keeffe to ask his question. We must conclude. Mr. Broughan: He is changing his tune.

Mr. J. O’Keeffe: We will debate mandatory Mr. Costello: I submitted this question to get sentencing in its proper time. We do not have an answer, not a specious lecture. mandatory sentences as there is such a “let out” clause. Mr. McDowell: The Deputy is fascist. He shouts down everybody in the House. Mr. McDowell: The Deputy opposes the amendments. He said they are unconstitutional. An Ceann Comhairle: I ask that the Minister draw his remarks to a conclusion. Mr. J. O’Keeffe: They are not there. Mr. McDowell: There is a pair of shouting cor- An Ceann Comhairle: Has the Deputy a nerboy fascists across the floor. question? Mr. Broughan: The Minister is a cornerboy Mr. J. O’Keeffe: We do not have mandatory Minister for Justice, Equality and Law Reform. sentencing as the “let out” clause means manda- tory sentencing is only applied in 5% of cases, but Mr. Costello: He is a model cornerboy. that is a separate issue. I want to go back to the Written Answers follow Adjournment Debate. issue of pipe bombs.

An Ceann Comhairle: The Deputy wants time. Adjournment Debate Matters. An Ceann Comhairle: I wish to advise the Mr. J. O’Keeffe: Does the Minister accept that House of the following matters in respect of the use of pipe bombs in Dublin, which are usu- which notice has been given under Standing ally associated with Northern Ireland, is a sinis- Order 21 and the name of the Member in each ter development? case: (1) Deputy Ned O’Keeffe — if the Minister will transfer the sugar beet quotas for 2005 from Mr. Costello: The Minister does not accept growers in the areas of Laois, Offaly, Kildare, that. Can the Deputy not hear that the Minister Wicklow, North Kilkenny, Carlow, Louth and is waffling about something irrelevant? Dublin to growers in Munster for 2006; (2) Deputy Broughan — to ask the Minister if he has Mr. J. O’Keeffe: Is it correct to say that this issued instructions regarding the future develop- development is the result of an alliance between ment of postal services; (3) Deputy Gilmore — so-called republican elements and gangland the Minister’s views on an attempt by a company criminals? (details supplied) to use recently enacted Euro- pean legislation to extract payments from Irish Mr. McDowell: There were three pipe bombs, small business; and (4) Deputy Cowley — if the the technical examination of which has not estab- Minister will ensure fair play for asylum seekers lished a link between them — some of them are and citizens of Kiltimagh, County Mayo. quite dissimilar. On the speculation that they The matters raised by Deputies Broughan, were supplied to members of criminal gangs by Gilmore and Cowley have been selected for members of paramilitary groups, it has not been discussion. established. Adjournment Debate. Mr. Costello: What will the Minister do about it? ———— Mr. McDowell: Will the Deputy allow me to Postal Services. use the minute available? I am aware that certain paramilitary units have been in close alliance with Mr. Broughan: I have been trying to raise the ordinary criminals to a significant degree. To issue of the closure of Priorswood post office on 883 Postal 9 March 2006. Services 884

[Mr. Broughan.] Tesco-owned Clarehall shopping centre. The Clonshaugh Avenue, Dublin 17, for the past three closure of Priorswood post office has been a weeks. On behalf of the people of Priorswood, I grave inconvenience and terrible setback for the am grateful to the Ceann Comhairle for facilitat- more than 2,000 households of Priorswood ing this issue. parish. Over the past three years, creating a secure, The closest post office, at northside shopping long-term future for An Post has occupied much centre, has a large catchment area and long of the House’s time. There was a lengthy indus- queues are often a feature of its operation. Priors- trial dispute resulting in the company’s failure to wood post office was clearly a viable operation pay national pay awards and the long ensuing and the abrupt closure without any consultation struggle in the system of collection and delivery with residents, community leaders and public rep- that lasted until the end of 2005. At the same resentatives is unacceptable. An Post does not time, grave concerns about rapidly falling seem to have any rules, regulations or criteria numbers of post offices have been expressed covering post office closures or openings, as I will throughout the national network. As the Joint propose in my concluding remarks. Are there any Committee on Communications, Marine and regulations or criteria and why have I not Natural Resources heard, the Irish Postmasters received them to show my constituents and Union drew attention to the large reductions in interested local traders? the network from approximately 2,000 outlets a The Clarehall shopping centre lies at the south- decade ago to fewer than 1,400 18 months ago. ern end of a large new urban development of up Since he was transferred to the Department of to 20,000 housing and ancillary commercial devel- Communications, Marine and Natural Resources, opments called the “north fringe”. It is clear that the Minister, Deputy Noel Dempsey, has pre- this district needs and will have at least one post sided over the closure of a post office once every office. The residents of Clarehall and adjoining three weeks. For example, 18 post offices were estates are happy to receive a postal service, closed in 2005, including in Brandon in County which is to be welcomed. However, the residents Kerry, Coolbawn in County Kilkenny, Broadford of Priorswood parish feel badly let down by An in County Kildare, Fourmilehouse in County Post. I was grateful to meet An Post’s chief oper- Roscommon, Rathfeigh in County Meath and ations officer, Mr. Larry Donald, last Thursday in Killiney in Dublin. ComReg’s recently published this building. He gave me a thorough briefing on residential and business postal survey showed the Priorswood situation and An Post generally that the bulk of Irish businesses continued to rely on An Post and spent an average of \6,000 each but believed the closure was irreversible. I told in 2005. A total of nine items of mail were deliv- him the local Clonshaugh shopping centre traders ered on average to each Irish home address per led by Mr. Corr were quite prepared to open a week and five items on average were posted new post office in Priorswood, which should be weekly by Irish households. As such, An Post seriously considered. I hope Mr. Corr, Mr. Len- remains a key element of the Irish economy and non and their colleagues will meet Mr. Donald life. The company recently delivered an attractive and his executive team in the coming weeks. leaflet entitled “You Decide, We Deliver” to Recently, An Post announced the selection of each household and business in Ireland advertis- its financial services partner Fortis from the ing its reorganised services. European mainland, which will give a significant However, for the people of the 18 post office boost to the operation of all remaining post districts that closed in 2005 and my constituents offices. The proposed financial services and prod- in Priorswood parish, this promise rings hollow. ucts for citizens who never had the opportunity Priorswood is typical of many parishes that have to avail of these in the past is a real possibility similarly suffered. Four weeks ago, a notice was and a bright point in the future for the An Post placed in the post office in Priorswood announc- company. ing its immediate closure from 6 March and the Priorswood parish lies in the heart of the orig- removal of all post office services to Clarehall inal Northside partnership operation area, having shopping centre in Dublin 13. Senior citizens and suffered serious social disadvantage, unemploy- recipients of pensions and benefits were stunned ment and associated problems over the past two by the announcement. Many senior citizens face decades. The people of the parish loved the post the weekly trek to Clarehall or northside shop- office and desperately need a postal service. The ping centres with great dismay, as do mothers of new Clare Hall service is now operational and young children and the many customers in the Priorswood is closed but citizens are willing to area living as much as a mile from public provide a new service for Priorswood. Action transport. should be taken by Mr. Donald and the An Post Local traders led by our popular local pharma- management team. Similar consideration should cist, Mr. John Corr, immediately contacted An be given to all other areas that wish to retain Post and I to seek a reversal of the decision. Fol- much-loved post offices. lowing my discussions with Mr. Matt Lennon and other An Post officials, it became clear that the Minister of State at the Department of Justice, postmistress of Priorswood had decided on econ- Equality and Law Reform (Mr. Fahey): Iam omic and security grounds to relocate to the responding in this debate on behalf of the Mini- 885 European 9 March 2006. Enforcement Order 886 ster for Communications, Marine and Natural It is the Government’s objective to maintain Resources, Deputy Noel Dempsey. the largest economically sustainable post office The future development of An Post is, in the network possible. The challenge for all stake- first instance, a matter for the board and manage- holders in An Post is to generate sufficient profit- ment of An Post. The Government is fully com- able business to maintain as large a network as is mitted to An Post remaining a strong player in sustainable. The network has a high footfall and the Irish postal market but the market will change to capitalise on these advantages, it is essential over the coming years. The Government recog- that existing and new services are developed to nises the invaluable contribution made by An meet customer requirements. The network also Post and its staff down through the years. It has the capacity and potential to deliver more recognises the contribution of An Post to the private business, especially in financial services. overall business environment and it also accepts Opportunities in this area are being pursued by the role played by rural post offices and the staff An Post. of An Post, especially in rural areas, in contribu- On foot of substantial investment in com- ting to the social fabric of rural society. puterisation, a significant amount of extra busi- On the future of the postal services, I believe ness has already been obtained for the network that An Post will continue to play a key national in terms of banking and utility business. At role. It will continue to deliver post and provide present 95% of An Post’s business is conducted Government and financial services through its through its 991 automated offices. nationwide network of post office outlets. The The Minister has also asked the company to market for traditional postal and post office ensure that any strategy for its development services is changing globally. Meeting customer should ensure the long-term viability of the post needs has become more important than ever and office network. An Post is working on a new fin- international forecasts now predict that these ancial services initiative. This could see the challenges are likely to grow in intensity and com- development and expansion of the range of finan- plexity over the coming years. cial services that it can deliver through its net- To remain competitive, An Post needs to build work of post offices in partnership with another on its long established and trusted brand name. financial services partner. Following recent It also needs to deploy its resources in a manner Government approval, the management of the which continues to serve existing customers’ company has begun detailed exclusive nego- needs and attracts additional customers for a tiations with its preferred partner. If the initiative range of new services. There is also widespread proves to be successful, it could lead to a signifi- agreement that change is required if the postal cant increase in post office business and contrib- services of An Post are to adapt to the modern ute to the viability of the network. business environment and to offer a high quality nationwide delivery service to the customer into European Enforcement Order. the future. An Post management and the main trade union, the Communications Workers Mr. Gilmore: This issue concerns a scam that Union, have recently signed up to a recovery was the subject of an article by Neil Callanan in plan, incorporating details of proposed new col- The Sunday Business Post on 30 January 2005. lection and delivery arrangements, which the The scam is operated by an outfit called Euro- Government believes will assist the company in pean City Guide, based in Spain. European City meeting the challenges of an increasingly com- Guide sends a form to unsuspecting small busi- petitive and technologically changing postal nesses, such as professionals, charities, galleries market. Other unions had already signed up to and schools. The form appears to be one that changes. requests an update of contact information, such The challenge for An Post concerning the post as current address, telephone and e-mail. When office network is to develop a strategy that satis- the unsuspecting recipient signs the form and fies the needs of existing customers, while returns it, European City Guide claims this rep- attracting new customers into post offices. An resents an order for an advertisement on a CD- Post has already had some success in winning new ROM guide and relies on small print on the form business and continues to benefit from a con- to support this claim. The victim of the scam siderable amount of Government business, cannot withdraw from the so-called order and especially in the areas of social welfare payments European City Guide uses debt collectors to and savings products. demand payment. Initially this sum is for \800- The network of An Post comprises the single 1,000 but increases as time goes by. I understand largest number of retail outlets in the country. some victims have bills for several thousand euro. Ireland has one of the highest number of post The scam is operating on a European basis. offices per head of population in Europe. In European City Guide used to operate from Bar- recent years, some network restructuring has celona before the Catalan authorities, acting on been undertaken in line with similar trends across 3,500 complaints from Europe, prosecuted the Europe. In addition to the post office network, company and fined it \300,000 in 2002. It now An Post has also established 2,864 Postpoint out- operates from Valencia and has engaged debt col- lets in retail premises of which 600 can be used lectors called Premium Recovery, based in Switz- for bill payment. erland. A web-based campaign against European 887 European 9 March 2006. Enforcement Order 888

[Mr. Gilmore.] instrument, SI No. 648 of 2005, also came into City Guide has, until now, advised victims not to operation on that date with the aim of ensuring pay. However, the Ministers for Justice, Equality that the necessary provisions for the good admini- and Law Reform and Enterprise, Trade and stration of the regulation were put in place. Rules Employment must give their urgent attention to of court were also brought into operation in the a new development. Debt collectors for Euro- Superior Courts, the Circuit Court and the Dis- pean City Guide are now threatening victims that trict Court. they will use provisions of the European enforce- The key premise upon which the regulation is ment order legislation, in effect since November built is that by creating a European enforcement 2005, to force victims to pay. The European order for uncontested claims, judgments in enforcement order legislation allows court orders respect of such claims, provided they satisfy cer- made in one member state to be legally enforced tain minimum standards, should be directly in another. enforceable in all member states, Denmark being The advice to victims has changed somewhat excluded, without any intermediate proceedings, since this development. European City Guide can such as a declaration of enforceability, being apply to the court in Spain and, if the case is not required. Thus, if an Irish judgment for an defended, easily obtain a certificate stating the uncontested claim is certified as an EEO, should company is owed a debt. This is sent to the High it be necessary to enforce the judgment in, for Court Registry in Ireland and I understand the example, Germany, the creditor will be able to Master of the High Court may be obliged to avail immediately of the enforcement mechan- enforce the order. Small businesses faced with isms which are available in that country. Equally, demands for extortionate payment from the com- a German creditor in equivalent circumstances pany may find that an order granted in Spain may will be able to have immediate recourse to Irish be enforced in Irish courts. enforcement mechanisms, such as the system of For victims of the scam, the alternative is to execution offered by the sheriffs or county instruct a solicitor and defend the case but this registrars. costs a considerable amount. The European It must be emphasised that the EEO comes in enforcement order was never intended to allow at the end of a process. It does not have a life of scamming companies to engage in cross-border fraud to extract money from small businesses. its own which is independent from the judgment European legislation offers no protection to busi- which is given by a court of competent nesses and we need new or amended legislation jurisdiction. to stop European City Guide operating and to Against that background, the regulation protect its victims. applies to judgments given in respect of Hundreds of small businesses and professionals uncontested claims where the claim in question is may have already been stung. Until now, they did for the payment of a specific sum of money that not have to pay but the European enforcement has fallen due. For the purposes of the regulation, order legislation may have changed this. I ask the a claim is regarded as uncontested where the Ministers concerned to see how this can be debtor has expressly agreed to it by admission; addressed. I will return to this subject when the the debtor has not objected to it during the Ministers have had the opportunity to examine course of the relevant court proceedings, or not- the case fully. withstanding an initial objection, the debtor has subsequently failed to enter an appearance. Mr. Fahey: I am taking this debate on behalf For a judgment to be capable of being certified of my colleague, the Minister for Justice, Equality as an EEO it must be enforceable in the member and Law Reform. On his behalf, I take the oppor- state where it has been granted, it must comply tunity to outline the main features of with certain minimum standards and it must not 5 o’clock the instrument which has been conflict with certain jurisdiction roles. There is referred to by Deputy Gilmore. It also a special provision to safeguard the right of should become apparent that the instrument has a consumer debtor to be sued in their member a particular and laudable purpose and it is regret- state of domicile. table if that purpose is being misused. However, The minimum standards necessary for a if individuals or companies believe they are being judgment to be certified as an EEO fall under subjected to demands for money which are poten- two broad headings, those relating to service and tially criminal in nature, they have the right, as those relating to procedural guarantees concern- have all citizens, to make a complaint to the ing the provision of basic information about the appropriate law enforcement authorities who are claim and the steps necessary to contest it. best placed to take this matter further should this The regulation admits of two types of service, be warranted. service with proof of receipt by the debtor, which The reference is to Council Regulation No. would include personal service and service with- 805/2004 which created a European enforcement out such proof, which would include postal order for uncontested claims. Being a regulation, service where the debtor has an address in the the instrument is binding in its entirety and member state where the judgment is being given. directly applicable. It has applied fully in this Because the latter category of service is seen as jurisdiction from 21 October 2005. A statutory having less certainty attached to it than the 889 Asylum Support 9 March 2006. Services 890 former, a judgment given following this kind of two buildings, the Railway Hotel and an annexe service can only be certified as an EEO if there located on the opposite side of the road. It was is a mechanism in place under national law which intended to place males in one building and permits a defendant to apply for a review of the females in the other. Following further consider- judgment in certain exceptional circumstances ation, the reception and integration agency which are set out clearly in the regulation. agreed recently that the families residing at the On the question of procedural guarantees, the Kiltimagh centre will be allowed to remain there regulation specifies the information which must until at least the end of the current school year. be provided at the time the relevant court pro- However, arrangements were made to allow for ceedings in respect of the initial claim are the accommodation of some males at the centre. instituted, for example, the amount of the claim I refer to a reply from the Minister to a and an indication as to why the claim is being parliamentary question asked last month which made. Certain additional information, such as the stated that the RIA would initially make up to time of the court hearing and the possibility that ten placements in the annexe at this location and judgment may be entered for the creditor if an would monitor the arrangement on an ongoing appearance is not entered or the claim is not con- basis. At present there are more than ten young tested, must also be provided. males staying at the annexe. There were eight and The regulation allows for the fact that, in cer- six more arrived in the past two weeks, a total of tain circumstances, it may be necessary to rectify 14. People are concerned that this number of ten or withdraw an EEO which has already been has already been exceeded. The street where both issued. Furthermore, a judgment certified as an facilities are located, James Street, is home to at EEO may be challenged on the basis of the least 14 elderly persons and many widows and review mechanism which has been referred to widowers. A psychiatric outreach community earlier. facility accommodating psychiatric patients is also From the above, it should be clear that the on the same street. There are fire safety questions regulation contains a number of safeguards which about the Railway Hotel and the annexe. The are intended to ensure that it does not operate in effect of bringing so many single males into the an unjust fashion and in itself is not a catalyst for street is seriously questioned. The maximum the activities highlighted by the Deputy. While number of ten people staying in the annexe has the Deputy’s highlighting of the issue to which he been exceeded and it is feared this number will referred is to be welcomed, it remains the case be exceeded to a greater degree. that the activities instanced may well be ones Why are reception centres being closed in which need to be brought to the attention of the places such as Limerick, where there are many appropriate law enforcement authorities who are facilities, and this centre remains open with single best placed to deal with any follow-up action. men living in a street in a rural town which lacks the facilities they require. It is almost as bad for Asylum Support Services. those men as if they were in prison. They deserve better. They cannot work and they receive less Dr. Cowley: I am grateful for the opportunity than \20 a week. All they can do is walk up and to raise this important matter. I question the down on the street. It is not fair to them. They reason the Minister for Justice, Equality and Law came to this country to get help from us, yet we Reform, Deputy McDowell, is treating asylum treat them like this. It is not right. seekers and the citizens of Kiltimagh, County The Minister stated that discussions took place Mayo, so badly. Inadequate provision has been with local community groups, but minimal dis- made for the young male asylum seekers who cussions took place and the people of Kiltimagh come to Kiltimagh. The people of Kiltimagh have have experienced difficulties communicating with been let down. The citizens of Kiltimagh have the RIA. The Minister’s reply contains a threat always welcomed visitors to their town, not least that the centre may be closed if the new category asylum seekers, whom they welcomed with open of asylum seeker is not accepted as this would arms. Several families who came to this small have economic consequences for the town of Kil- rural town in County Mayo were made feel very timagh. The accommodation centre is of little rel- welcome as members of the community. They evance to the local community from an economic quickly integrated with the local community and point of view. The centre is owned by a company took part in all the activities and the children based in County Kildare. Only one of the attended the schools. They have become part and employees lives in the Kiltimagh area and the parcel of the place. The proof of this integration others live elsewhere or are non-nationals. There was when the entire community banded together are no local suppliers of produce or services to to support a family threatened with deportation. the centre. Some members of the community accompanied From a Kiltimagh perspective, unless the the family when they were deported to the UK clients accommodated in the centre are accept- and stayed with them to support them. able to the local residents and contribute to the The centre for asylum seekers in Kiltimagh was way of life in Kiltimagh, the centre should be reclassified from family to single person accom- closed. The local community would prefer it to modation in January 2006. The centre consists of close than accommodate single people in such 891 The 9 March 2006. Adjournment 892

[Dr. Cowley.] reclassification of this centre the RIA intended to large numbers. It is not conducive to the proper relocate its families to other centres where they development of the town and is upsetting the could benefit from special facilities for children balance of the community. The Kiltimagh com- and young people which have been put in place, munity is welcoming and families with children including pre-school facilities for very young chil- have integrated with it. However to inject so dren. However, following discussions, the RIA many single men into a community that has agreed that the families with school going chil- nothing for them is unfair on the men and on the dren who currently reside at the centre would be community. I hope the Minister will examine this allowed to remain there at least until the end of situation. He has said the community would the current school year. accommodate ten people and that it would be The Kiltimagh centre consists of two buildings, monitored, but there was no monitoring and in a the Railway Hotel and an annex, which is located short space of time the numbers exceeded ten. I across the road. The RIA has, thus far, allocated ask the Minister to explain the position. a total of 17 males to this building. The Minister never promised, as the Deputy has alleged, that Mr. Fahey: The Reception and Integration a maximum of ten male asylum seekers would be Agency, RIA, of the Department of Justice, sent to Kiltimagh. If the Deputy had cared to Equality and Law Reform is responsible for the check the replies to the numerous questions the accommodation of asylum seekers and currently Minister recently answered on this topic, he has a portfolio of 65 centres across the State for would have seen that the Minister said: “the RIA this purpose. To address the reduction in will shortly make up to ten placements in the numbers and the change in profile of asylum see- annex at this location and will monitor the kers, the RIA embarked on a programme of arrangements on an ongoing basis”. That is what downsizing its accommodation portfolio. The Kil- was done and, having done so, the RIA has only timagh centre has accommodated 80 asylum seek- moved this week a further six male asylum seek- ers in the recent past. The number in the centre ers to the centre. The ages of these asylum seek- today is approximately half of this figure. The ers vary from early 20s to over 40. The RIA has also moved two female asylum seekers to the Deputy should note that the RIA has, since its centre. inception, reclassified centres as circumstances The reception and integration agency will con- require as a normal part of its operations. tinue to monitor the situation in Kiltimagh. There The ongoing RIA downsizing saw the closure are no reports of difficulties arising. However, the in 2005 of 15 centres with a combined capacity of reality is that the State must be in a position to 833 beds. To date in 2006, four centres with a accommodate single asylum seekers and must use combined capacity of approximately 270 beds its existing accommodation for this purpose. If have been closed and further closures and reclas- the State determined that the Kiltimagh centre sifications are planned. Overall, the current was not suitable for this purpose it would have no downsizing has led to the closure of two accom- choice but to withdraw from the contract. This modation centres in County Mayo. Only two would result in the loss of 16, mostly full time, centres now remain in County Mayo, one in Kilti- jobs at that centre. I am sure the Deputy would magh and the other in Ballyhaunis. not wish that outcome. The RIA considered the centre in Kiltimagh suitable for possible reclassification from family The Da´il adjourned at 5.15 p.m. until 2.30 p.m. to single person accommodation. As part of the on Tuesday, 21 March 2006. 893 Questions— 9 March 2006. Written Answers 894

Written Answers. repeat of 25 February 2006; and if he will make a statement on the matter. [9785/06]

———— Minister for Justice, Equality and Law Reform (Mr. McDowell): I am further informed by the The following are questions tabled by Members Garda Commissioner that a comprehensive oper- for written response and the ministerial replies ational plan for the policing of this event is being received from the Departments [unrevised]. prepared. It will be based on the available intelli- Questions Nos. 1 to 9, inclusive, answered gence and the experience of Garda personnel in orally. city centre stations, in dealing with parades and protests, in particular the protest surrounding events of Saturday, 25 February. Civil Partnerships. I am further informed that an assistant com- 10. Mr. Gilmore asked the Minister for Justice, missioner is representing the Commissioner on a Equality and Law Reform his views on the legis- high level interagency group to prepare plans for lation of same-sex civil partnerships or same sex this event. A sub-committee of this group has also civil marriages; and if he will make a statement been established and the Garda authorities are on the matter. [9759/06] represented on this group by the chief superin- tendents, Store Street, Dublin North-Central div- Minister for Justice, Equality and Law Reform ision and Pearse Street, Dublin South-Central (Mr. McDowell): I have acknowledged, on behalf division. of the Government, that the position of same-sex Whatever lessons can be learnt from the events couples before the law, and others in caring in Dublin on 25 February will be taken into relationships, including extending State recognit- account. I would however emphasise the funda- ion to civil partnerships between such persons, mentally different nature and purpose of the needs to be addressed. As indicated by the planned event. The priority will be to take what- Taoiseach on 24 January 2006 at the launch of ever policing measures are necessary that the the All-Party Oireachtas Committee on the Con- commemoration can be enjoyed by all those stitution Report on the Family, I am setting up a involved and attending. All necessary Garda and working group charged with preparing an options other resources required to achieve this end will paper on this issue. be made available. The working group will consider the categories of partnerships and relationships outside of mar- Prison Education Service. riage, including same-sex couples, to which legal 13. Aengus O´ Snodaigh asked the Minister for recognition might be afforded, consistent with Justice, Equality and Law Reform his views on constitutional provisions. The report of the all- the fact that the accommodation of the Prisoner party Oireachtas committee as well as the delib- Transport Escort Corps is being prioritised over erations of the Law Reform Commission will the rehabilitation — including educational — inform the work of the group. The membership needs of prisoners in Cloverhill Prison; and the of the working group and a work timetable are discussions he has had with the Prison Service on being finalised. I expect the working group to that matter since the agreement on new working report to me in October following which I intend arrangements with the Prison Officers’ Associ- to formulate legislative proposals for consider- ation was reached. [9768/06] ation by Government. 15. Mr. Crowe asked the Minister for Justice, Equality Issues. Equality and Law Reform the steps he has taken 11. Mr. Crowe asked the Minister for Justice, since the agreement on new working arrange- Equality and Law Reform if he has had dis- ments with the Prison Officers’ Association was cussions with the Equality Authority regarding reached to date in order to get Cloverhill Prison’s the recommendations of its report Equivalence in educational facility up and running; and the dis- Promoting Equality since the issue was raised cussions he has had with the Prison Service on with him on the 2 of February 2006. [9766/06] the matter. [9767/06]

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): An official in my Department (Mr. McDowell): I propose to take Questions has had some discussion with the Equality Auth- Nos. 13 and 15 together. ority about the report since its publication. I refer the Deputies to a series of four ques- tions on this topic, Questions Nos. 27, 56, 64 and 65, which I answered on 2 February 2006. On that Commemorative Events. date, I stated that I had been informed by the 12. Mr. Gormley asked the Minister for Justice, director general of the Irish Prison Service that Equality and Law Reform the steps to be taken construction of the Cloverhill Prison education by the Garda Sı´ocha´na for the upcoming 1916 unit — comprising a physical education section parade to ensure that we do not experience a and six general education classrooms — com- 895 Questions— 9 March 2006. Written Answers 896

[Mr. McDowell.] Minister for Justice, Equality and Law Reform menced in 2002 and was virtually completed in (Mr. McDowell): I propose to take Questions 2003, and that the physical education section of Nos. 14 and 24 together. the unit had been brought partially into operation I am pleased to have the opportunity to clarify and is used daily by prisoners up to the present. matters in relation to a range of media reports However, it was not possible to commission the concerning the Omagh bombing and related general education section of the unit pending the matters, many of which serve only to confuse outcome of negotiations with the Prison Officers’ rather than clarify. Association, POA, on revised working arrange- I would like to deal first with the reported com- ments in the Prison Service. Agreement has since ments of assistant chief constable Sam Kinkaid been reached with the POA on the change who gave a briefing to the Omagh relatives on agenda and the new working arrangements are 22 February last. I am informed by the British currently being rolled out across the prison authorities that Mr. Kinkaid’s briefing focused on system. This agreement reverses the unacceptable the current status of the Omagh investigation. I trend of spiralling overtime costs which has been am also informed that, contrary to media specu- a feature of our prisons operations for many years lation, at no stage during the briefing did Mr. and as a result there was a reduction in the over- Kinkaid suggest that the gardaı´ had failed to time bill of some \13.4 million in 2004 compared prevent dissident republican attacks in Northern to 2003. A key feature of the new working Ireland in order to protect the identity of an arrangements is the introduction of a new Prison informant. However — and this is where con- Service Escort Corps. Essentially, this is a dedi- fusion may have arisen — I am further informed cated corps of staff whose task is to escort pris- that Mr. Kinkaid did refer to a number of alle- oners to and from court in new cellular vehicles, gations made by a person which subsequently thus eliminating the need to resort to overtime became the subject matter of inquiry by the so- working as had been the practice heretofore. called Nally Group. As a temporary measure, the Prison Service The Deputies will be aware that the Nally Escort Corps is operating from a section of the Group was established by my predecessor to unit pending the completion of new accommo- examine the issues raised in a report submitted dation for the corps. It is currently envisaged that by the Police Ombudsman for Northern Ireland this new accommodation will be completed by the in 2002. This report related to allegations made second quarter of this year at which time the by the person in question concerning the handling general education section of the unit will be of intelligence information about the activities of opened. a paramilitary group in that year and about drug- related matters in 1995 and 1996. The Nally Northern Ireland Issues. Group reported in 2003 and concluded that there was no foundation for the allegations which it 14. Ms Burton asked the Minister for Justice, examined. Equality and Law Reform his response to the There have been repeated media reports that statement of assistant chief constable Mr. Sam one of the allegations under inquiry by the Nally Kinkaid of the PSNI to the Omagh bomb victims Group was to the effect that the gardaı´ failed to to the general effect that the Garda Sı´ocha´na had pass on information to the then RUC which withheld from the RUC information it received could have prevented the Omagh bombing. I from an informant that might have assisted in have repeatedly informed the House that, in preventing that bomb attack and, in particular, fact, no such allegation was made to the Nally that the Garda Sı´ocha´na knew from its informant Group. On this point, the group says: that a car had been stolen for an attack on Northern Ireland but had not intervened for fear The core allegations . . . . about events pre- of blowing its cover; if he accepts that assertion ceding the Omagh bombing are that: and if it can be reconciled with the findings of the — a senior Garda officer would have been Nally committee which inquired into and prepared, if a vehicle had in fact been reported on the same matter; and if he will make stolen . . . to allow it to go through in a statement on the matter. [9689/06] order to protect [an] informant; and

24. Ms B. Moynihan-Cronin asked the Minister — no intelligence was passed to the RUC about information, alleged to have been for Justice, Equality and Law Reform if the Nally received on the eve of Omagh that the committee, which inquired into certain alle- RIRA, who had been trying to steal a gations raised by a person (details supplied) in vehicle in the Dublin area, had obtained relation to Garda intelligence and its potential one elsewhere (place, vehicle type and relevance to the Omagh bomb, was made aware destination unspecified). of the fact that this person’s informant had more than once permitted the gardaı´ to place bugs in These are very serious allegations. However they cars they stole for the Real IRA; if not, the are quite different from allegations that the reason therefor; and if he will make a statement Gardaı´ let the vehicle which was used in the on the matter. [9688/06] bombing in Omagh go through or that they had 897 Questions— 9 March 2006. Written Answers 898 intelligence about that vehicle . . . which they had 174. Mr. Durkan asked the Minister for Justice, failed to pass on to the RUC. No such allegations Equality and Law Reform when he or his Depart- have been made to the Group and no basis for ment first became aware of the possibility of any such allegations has come to its attention. developments likely to cause the recent rioting in As I have already stated, the Nally Group dis- Dublin; and if he will make a statement on the missed the allegations which were in fact made as matter. [9973/06] being without foundation. I do not propose to go into the detail of matters 175. Mr. Durkan asked the Minister for Justice, relating to covert surveillance techniques which Equality and Law Reform the action he has may or may not have been conducted by the planned or measures put in place to prevent a Garda Sı´ocha´na in any instance, for obvious recurrence of the recent rioting in Dublin; and if reasons of national security. he will make a statement on the matter. [9974/06] I can also inform the House that the Garda Commissioner and the Chief Constable of the Minister for Justice, Equality and Law Reform PSNI are in contact about this matter and I (Mr. McDowell): I propose to take Questions expect that the Commissioner will report to me Nos. 17 and 173 to 175, inclusive, together. on the outcome of those contacts. I refer the Deputy to my comprehensive state- ments to both Da´il and Seanad E´ ireann on 28 Question No. 15 answered with Question February and 2 March 2006, respectively. No. 13. It is the responsibility of the Garda Sı´ocha´na and not I as Minister to put in place appropriate Prison Building Programme. and proportionate operational policing plans for rallies, parades and similar events in the public 16. Mr. Quinn asked the Minister for Justice, arena. Such a comprehensive plan was prepared Equality and Law Reform the freedom of infor- and in place in respect of the Love Ulster rally, mation requests which have been received in his and it was based on all information then available Department regarding the Thornton Hall Prison to the Garda authorities. project; if they have been responded to; and if he I was in regular touch with the Garda Com- will make a statement on the matter. [9757/06] missioner and his senior officers throughout the weekend in question. As with the Garda auth- Minister for Justice, Equality and Law Reform orities, neither my Department nor I had any (Mr. McDowell): A total of ten freedom of infor- credible advance warning of the appalling riots mation requests have been received by my which took place. Department regarding the Thornton Hall Prison The Garda Sı´ocha´na is comprehensively project. Eight of these requests have been reviewing events which occurred at the Love responded to. The remaining two requests were Ulster rally with a view to identifying lessons that received by my Department yesterday and will be can be learnt for other upcoming events in Dublin processed in accordance with the Act. One and elsewhere. appeal request is currently being dealt with by I am satisfied that an enormous amount of my Department. preparation was undertaken by the Garda auth- orities, and it is regretted that in the face of a Public Order Offences. reasonably low-key law enforcement approach such repugnant opposition was encountered. 17. Mr. Durkan asked the Minister for Justice, Equality and Law Reform his role in dealing with Drug Treatment Court. riot situations; if he is consulted or gives instruc- tions or directions; if he has informed his Cabinet 18. Mr. McGinley asked the Minister for colleagues regarding any possible outbreak of Justice, Equality and Law Reform if he will com- violence; if he gave or received political advice as mit to rollout the Drugs Courts nationwide; and to the way in which to deal with such situations; if he will make a statement on the matter. if he has discussions or gave instructions to the [4369/06] Garda Sı´ocha´na management prior to the recent Minister for Justice, Equality and Law Reform rioting in the city centre; his precise role and (Mr. McDowell): A decision was taken last function in dealing with such matters, having month to put the pilot Drug Treatment Court, particular regard to established precedent; and if currently operating in the Dublin 7 area, on a per- he will make a statement on the matter. manent footing. It will be extended on a phased [9614/06] basis to the wider Dublin area in consultation with the other agencies involved in supporting the 173. Mr. Durkan asked the Minister for Justice, court. The president of the District Court has Equality and Law Reform if he is satisfied that assigned a judge of the Dublin metropolitan Dis- he took the necessary precautions to prevent the trict Court to the Drug Treatment Court on a recent rioting in Dublin; and if he will make a permanent basis. The effect of this is to bring the statement on the matter. [9972/06] Drug Treatment Court in closer contact with the 899 Questions— 9 March 2006. Written Answers 900

[Mr. McDowell.] amended, came into effect on 20 November 2000, other courts in the Dublin metropolitan district that is, the date on which the two independent from which the clients of the Drug Treatment refugee status determination bodies, the refugee Court are referred. applications commissioner and the Refugee I am satisfied that the court is providing a very Appeals Tribunal, were established on a statu- worthwhile and innovative service and I will tory basis. provide it with every support going forward. In Generally, an application for leave to remain this regard, the possibility of extending the Drug in the State in these circumstances arises where a Treatment Court to areas outside Dublin will be non-national is served with a notice of intent to considered. deport under section 3(3)(a) of the Immigration Act 1999. A person served with such a notice of intent to deport is afforded three options, namely, Asylum Applications. to leave the State voluntarily; to consent to the 19. Mr. Eamon Ryan asked the Minister for making of a deportation order; or to make rep- Justice, Equality and Law Reform the number of resentations in writing within 15 working days people who sought asylum prior to 1 January setting out reasons as to why a deportation order 2001, were refused asylum and are awaiting a should not be made and why temporary leave to decision on their application for leave to remain remain in the State be granted instead. In the period 1992 to 31 December 2000, 29,266 here on humanitarian or other grounds; and if he persons applied for asylum and, in the same will make a statement on the matter. [9794/06] period 1,815 were granted refugee status. It is important to note that decisions relating to asy- Minister for Justice, Equality and Law Reform lum applications are recorded by reference to the (Mr. McDowell): I presume that the Deputy is date of the decision-determination rather than referring to applications for leave to remain in the date of application. Hence, the number of the State made pursuant to section 3 of the Immi- decisions-determinations made each year may not gration Act 1999, as amended. necessarily relate to applications made in the It must be acknowledged that it is particularly same year and many of the applicants in that difficult to provide meaningful statistics for the period had their asylum applications decided in time period cited in the question given the trans- subsequent years. itional nature of asylum and deportation system Details of those granted leave to remain in the at the time. First, the Immigration Act 1999 was period 2000 to date in the context of the deport- implemented in November 1999 and, second, the ation system under the Immigration Act 1999 are full provisions of the Refugee Act 1996, as as follows:

Leave to remain granted

Year 2000 2001 2002 2003 2004 2005

Number of persons 19 77 158 86 207 135

As with the asylum application statistics above, Further, many persons who applied for asylum the year in which a person is granted leave to in the period concerned have since received alter- remain is usually not the same as the year in nate forms of leave to remain outside the process which they sought asylum. in the Immigration Act 1999 described above. For It does not follow that a failed asylum seeker example, some may have married Irish or EU is automatically either issued with a deportation nationals and many would have been granted order or is granted leave to remain and the above leave to remain based on their parentage of an statistics need to be examined in that context. Irish born child. In this latter respect, 10,584 per- Temporary leave is considered regardless of sons were granted leave to remain based on their parentage of an Irish born child under the pro- whether representations have been made by, or cedure which operated prior to the Supreme on behalf of, the person concerned. Conse- Court judgment in the L&O case in January 2003 quently, records are not maintained which would and a further 16,693 were granted under the sub- distinguish the number of cases where represen- sequent IBC, 2005, scheme. tations have been received from those where no It should be noted that under section 3(6) of representations have been made. Moreover, it the Act the Minister, in determining whether to must be borne in mind that many of those who make a deportation order or grant leave to failed the asylum process, and who did not opt to remain shall have regard to 11 specified consider- return voluntarily on notification to the Depart- ations, one of which is the length of time a person ment or consent to deportation, nonetheless left has spent in the State. the State of their own volition before a decision to deport or grant leave to remain was made. Northern Ireland Issues. 20. Mr. Penrose asked the Minister for Justice, 901 Questions— 9 March 2006. Written Answers 902

Equality and Law Reform his most recent con- All operational personnel in the Dublin metro- tacts with the Omagh bomb victims and their politan region may be employed on Operation families; if his assistance has been sought and Anvil as the need arises. Personnel from the given in connection with their civil litigation Garda national units are also deployed on the against the alleged bombers; the nature of assist- operation as appropriate. ance he is in a position to provide; and if he will The number of personnel deployed on the make a statement on the matter. [9687/06] operation varies from time to time, depending on demands and available intelligence. Personnel Minister for Justice, Equality and Law Reform from all Garda stations in the Dublin metropoli- (Mr. McDowell): My most recent contact with the tan region are actively involved in it. The oper- Omagh victims and their families was in February ation has involved a large number of gardaı´ 2006 when I issued responses to questions about attached to stations in the Dublin metropolitan the investigation that were submitted earlier to region and other specialist sections in the crime the Taoiseach. This response issued via the liai- and security branch and the national support son officer at the Department of Foreign Affairs services branch. To maintain operation flexibility who was nominated by my colleague, the Mini- there has been no absolute overtime allocation to ster, Deputy Dermot Ahern, to keep in contact each Garda station. with the families. The Minister, Deputy Ahern, There were 282,257 hours of overtime paid for met the families in Dundalk in October 2005 and Operation Anvil from its commencement up to my Department was represented at that meeting. 6 March 2006. The net incremental cost of the Both the Government and the Garda Sı´ocha´na operation from its commencement to 6 March \ remain anxious to offer assistance in any appro- 2006 is 11,084,254. This figure includes the cost priate way, in accordance with law, in relation to of overtime, travel and subsistence and other the civil action. Liaison officers have been ancillary costs. appointed in the Courts Service, the Garda Sı´och- The most recent figures available show that a´na and in my Department to assist in these Operation Anvil has contributed to encouraging matters. outcomes, with a total number of arrests of 1,641 Representations were also made to me in — which includes 23 arrests for murder, 411 arrests for serious assaults, 828 arrests for bur- relation to funding the civil action. The families, glary and 379 arrests for robbery offences. Fur- through their solicitors, sought a financial contri- thermore, the total number of firearms seized to bution from the Government towards the cost of date under Operation Anvil is 359, and property the civil action being taken by them against the to the value of more than \5.7 million has been suspected perpetrators of the Omagh atrocity. I recovered. am of the view that it would be inappropriate for the Government to fund a civil action in another jurisdiction, and I was not prepared to offer this Garda Reserve Force. form of assistance. 22. Mr. Costello asked the Minister for Justice, Equality and Law Reform his proposals for intro- Garda Operations. ducing a volunteer Garda force in 2006; the way in which he proposes to cope with the strong 21. Dr. Upton asked the Minister for Justice, opposition from the rank and file gardaı´; his Equality and Law Reform the length of time views on reducing the powers, privileges and Operation Anvil is in existence; the number of immunities of the volunteer Garda; his further gardaı´ involved; the Garda stations to which they views on piloting the scheme; when the draft are attached; the number from each station; the regulations will be forwarded to the Joint Com- number of overtime hours involved to date for mittee on Justice, Equality, Defence and each station; the cost of the operation to date; the Women’s Rights; and if he will make a statement number of drug searches conducted under Oper- on the matter. [9671/06] ation Anvil ; the number of arrests made; and if he will make a statement on the matter. 26. Mr. Cuffe asked the Minister for Justice, [9772/06] Equality and Law Reform the steps he intends to take to remedy the escalating stand-off between Minister for Justice, Equality and Law Reform him and the Garda Representative Association, (Mr. McDowell): Operation Anvil commenced in the Association of Garda Sergeants and Inspec- the Dublin metropolitan region on 17 May 2005 tors in relation to the planned Garda Sı´ocha´na with a view to addressing the problem of serious Reserve; and if he will make a statement on the crime such as gun crime, robberies and burglaries matter. [9787/06] and combating an emerging gun culture. At my request Operation Anvil is being extended out- 52. Dr. Cowley asked the Minister for Justice, side the Dublin metropolitan region during 2006. Equality and Law Reform the contingency plan I have also obtained funding to enable Operation his Department has in place in view of the riots Anvil to continue as long as it is deemed neces- in Dublin for the proposed Garda Reserve Force sary in operational policing terms. in such situations; the protection such a force has 903 Questions— 9 March 2006. Written Answers 904

[Dr. Cowley.] Asylum Applications. in view of the fact that it is not possible for them 25. Mr. Eamon Ryan asked the Minister for to have sufficient training; and if he will make a Justice, Equality and Law Reform the number of statement on the matter. [9299/06] people who have sought asylum prior to 1 January 2001 who are still awaiting a decision on 158. Mr. Gormley asked the Minister for their asylum application; and if he will make a Justice, Equality and Law Reform the steps he statement on the matter. [9793/06] intends to take to remedy the escalating stand- off between him and the Garda Representative Minister for Justice, Equality and Law Reform Association and the Association of Garda (Mr. McDowell): I am advised by the Office of Sergeants and Inspectors in relation to the the Refugee Applications Commissioner that planned Garda Sı´ocha´na Reserve Force; and if he there are no applications awaiting a first instance will make a statement on the matter. [9962/06] determination with an application date prior to 1 January 2001. While the Refugee Appeals Tri- 181. Mr. Durkan asked the Minister for Justice, bunal has advised that there are no appeals with Equality and Law Reform the vetting procedures it with an appeal date prior to 1 January 2001, he proposes to prevent undesirables infiltrating there are 11 appeals in the RAT with an appli- the proposed part-time Garda force; and if he will cation date prior to 1 January 2001. In addition, make a statement on the matter. [9980/06] there are two cases in the ministerial decisions unit regarding applications prior to 1 January Minister for Justice, Equality and Law Reform 2001 awaiting issue of a decision letter. For a var- (Mr. McDowell): I propose to take Questions iety of reasons, there will always be some appli- Nos. 22, 26, 52, 158 and 181 together. cations and appeals which take significantly I wish to refer the Deputy to my response to longer than the average to complete which can Priority Questions Nos. 1 and 2 of today’s date. arise for reasons such as judicial review pro- ceedings. Garda Operations. I wish to acknowledge the very significant pro- 23. Mr. Ferris asked the Minister for Justice, gress made by the Office of the Refugee Appli- Equality and Law Reform the cost of the Garda cations Commissioner and the Refugee Appeals operation to protect the United State’s President Tribunal, and their respective staff, in addressing Mr. George W. Bush in Shannon Airport on 28 both the volume of cases on hands in both ORAC February-1 March 2006; and if he will make a and RAT as well as the timescales involved in statement on the matter. [9764/06] bringing a case to its conclusion. At the end of February 2006 there were 2,409 cases on hands at 196. Aengus O´ Snodaigh asked the Minister for ORAC and RAT as compared to some 6,930 Justice, Equality and Law Reform the number of cases in January 2004 and 3,629 in January 2005. gardaı´ involved in the security operations sur- The number of cases in each of the asylum agen- rounding Mr. George Bush’s visits to Shannon cies over six months was 470 at the end of Airport during the week ending 5 March 2006; February 2006 compared to some 1,057 in the cost of the operations; the number of US sec- January 2005, 2,910 cases in January 2004 and ret service personnel in counties Clare and some 6,500 in September 2001. Limerick during the same period; and if he will There is continued momentum in processing make a statement on the mechanisms for over- timescales for asylum applications with new sight of these personnel and their activities. arrangements for speedier processing of prior- [9998/06] itised asylum applications, from nationals of Nig- eria, Romania, Bulgaria, Croatia and South 199. Mr. Gormley asked the Minister for Africa, introduced from January 2005 with a 17 Justice, Equality and Law Reform the contrast working days processing time at first instance in between the cost of security for the US Pres- ORAC and 15 working days at appeals stage in ident’s stopover in Shannon estimated to be in RAT. Currently, almost 40% of total applications the region of \300,000, and the low-key security fall into the prioritised category. arrangements put in place for Love Ulster march With effect from 1 November 2005, all appli- in Dublin on 25 February 2006; and if he will cants for asylum are notified of their interview make a statement on the matter. [10010/06] date by the Office of the Refugee Applications Commissioner at the time they make their appli- Minister for Justice, Equality and Law Reform cation. The interview appointment is normally (Mr. McDowell): I propose to take Questions within 20 working days of application. However, Nos. 23, 196 and 199 together. for those applicants within the prioritised cate- I refer the Deputies to my reply to Priority gory, interviews in ORAC are held, more speed- Question No. 3 of today’s date. ily, within nine to 12 days.

Question No. 24 answered with Question Question No. 26 answered with Question No. 14. No. 22. 905 Questions— 9 March 2006. Written Answers 906

Human Rights Issues. gate allegations that non-nationals are being traf- ficked into this country for the purpose of 27. Mr. Gogarty asked the Minister for Justice, employment in the sex industry. Equality and Law Reform if, in view of concerns raised in the 2005 concluding observations of the During the course of Garda investigations the ´ UN Committee on the Elimination of Discrimi- gardaı liaise as necessary with Ruhama, an NGO nation Against Women regarding trafficking of which assists women who are the victims of viol- women and girls into Ireland, the lack of a com- ence. Persons reporting that they have been traf- prehensive strategy to combat it, Ireland will rat- ficked are always treated sympathetically by ´ ´ ify the 2005 Council of Europe Convention on members of the Garda Sıochana. Action against Trafficking in Human Beings; and I am informed that the gardaı´ have recently if he will make a statement on the matter. had discussions with the UK law enforcement [9795/06] authorities following the introduction there of Operation Pentameter, which was established to disrupt the activities of organised criminal gangs 43. Mr. Gogarty asked the Minister for Justice, suspected of involvement in trafficking in human Equality and Law Reform the steps he intends to beings. The Garda Sı´ocha´na has agreed to sup- take to combat the huge increase in trafficking of port the operation through sharing of intelligence women and girls from mainland Europe to and to put in place appropriate enforcement Ireland for exploitation in the growing sex trade activities arising from any possible displacement here; and if he will make a statement on the to this jurisdiction. matter. [9796/06] I can inform the Deputy that a training prog- ramme has recently been designed by personnel Minister for Justice, Equality and Law Reform at the Garda National Immigration Bureau to (Mr. McDowell): I propose to take Questions assist all officers in recognising people who may Nos. 27 and 43 together. be victims of trafficking and to enable them to I can inform the Deputy that legislation is at an receive the appropriate assistance from all the advanced stage of preparation in my Department relevant agencies. The training will be delivered which will create a specific offence of trafficking to all personnel by staff at the Garda College. in human beings for the purpose of their sexual In addition, the Garda Sı´ocha´na participates on and labour exploitation as provided for in EU the Interpol Working Group on Trafficking in Council Framework Decision on combating traf- Women. The group has recently published a man- ficking in persons. The criminal law provisions in ual for investigators which is a practical guide to other international instruments, including the best practice in the investigation of this type of Protocol to Prevent, Suppress and Punish traf- criminal activity. Personnel from the Garda ficking in Persons, especially women and chil- National Immigration Bureau also regularly dren, supplementing the UN Convention against attend meetings, seminars and conferences Transnational Organised Crime and the Council designed to share information and devise policies of Europe Convention on action against traffick- to combat immigration offences, including traf- ing in human beings are also being taken into ficking and smuggling of human beings. account in the legislation. A working group on trafficking in human I am informed by the Garda Authorities that beings, chaired by my Department, is examining there is no evidence to suggest that there is any the extent and nature of trafficking into Ireland increase in trafficking in persons into this juris- for the purposes of sexual exploitation and diction for the purposes of sexual exploitation. I reviewing various measures in place to combat am further informed that evidence of any involve- the phenomenon. ment by criminal gangs operating within or out- side this jurisdiction in the trafficking or smug- gling of non-nationals into the State is difficult Claims against Garda Sı´ocha´na. to adduce. 28. Ms McManus asked the Minister for The Garda Sı´ocha´na takes a proactive Justice, Equality and Law Reform the steps taken approach and is ever vigilant to ensure that any to improve management of compensation claims allegations relating to trafficking in human beings against the Garda Sı´ocha´na and by members of are vigorously investigated. A number of specific the Garda Sı´ocha´na under the Garda Sı´ocha´na Garda operations have been put in place to dis- (Compensation) Acts; if further reforms are cover the extent to which Ireland has been tar- planned, including amendments to legislation; geted by persons suspected of being engaged in and if he will make a statement on the matter. trafficking in persons, to prevent such activity [9674/06] and, where such activity is disclosed, to gather evidence to be used in any prosecution which may Minister for Justice, Equality and Law Reform be initiated. I am informed by the Garda auth- (Mr. McDowell): With respect to compensation orities that these operations are ongoing. One claims against the Garda Sı´ocha´na, section 48 of such operation, Operation Quest, was established the Garda Sı´ocha´na Act 2005 simplifies matters under the direction of the assistant commissioner for members of the public taking civil actions in charge of national support services to investi- against members of the Garda Sı´ocha´na. The 907 Questions— 9 March 2006. Written Answers 908

[Mr. McDowell.] sumed into the general budgets within the Vote section provides that the State is liable to an of the Garda Sı´ocha´na. Accordingly, it is not pos- action for damages in respect of any damage sible to provide, nor would it be in the public resulting from an actionable wrong committed by interest to reveal, details of the costs associated a member of the Garda Sı´ocha´na in the course of with national security service duties. performing the member’s functions under the Act as if the State were the employer of the member. Garda Investigations. As a result of the section it will no longer be necessary for a litigant to name the individual 30. Ms McManus asked the Minister for member of the Garda Sı´ocha´na in the action. This Justice, Equality and Law Reform if he has section was commenced on 1 August 2005. received a report into the death of a person With respect to claims by members of the (details supplied) in County Donegal; and if he Garda Sı´ocha´na the Deputy will be aware that will make a statement on the matter. [9693/06] each claim for compensation by a member of the Garda Sı´ocha´na for malicious injuries received 32. Mr. Stagg asked the Minister for Justice, while on duty must be treated on its own merits. Equality and Law Reform if he has received a My Department is doing everything within its report into the death of a person (details sup- power to expedite and process these claims in a plied; and if he will make a statement on the fair and efficient manner. In all cases, medical matter. [9684/06] reports from the claimants own doctors and the chief medical officer of the Garda Sı´ocha´na are Minister for Justice, Equality and Law Reform required before a final decision can made on a (Mr. McDowell): I propose to take Questions claim. As the Deputy will appreciate, these cases Nos. 30 and 32 together. can take some time to reach a conclusion, given I am informed by the Garda authorities that the nature of the injuries received. following correspondence from the person’s In terms of reforming the process, the general family, and a meeting with senior Garda officers, form of a new compensation scheme has been the Garda Commissioner directed that a review agreed with the representative bodies of the of the original investigation into the death of the Garda Sı´ocha´na, and my Department is currently person be conducted. The review was carried out carrying out a regulatory impact analysis for its under the direction and supervision of a detective introduction. Following on from that I hope to chief superintendent and detective superin- bring a memorandum to Government for a new tendent of the National Bureau of Criminal Garda Compensation Tribunal Bill and thereafter Investigation, NBCI. see its passage through the Oireachtas. The review was comprehensive in nature and involved the taking of 170 statements from National Security Service. family, friends, work colleagues and a wide range of people who had any interaction with the per- 29. Mr. Howlin asked the Minister for Justice, son during their life. Underwater searches were Equality and Law Reform the number of people employed in the secret service section; the carried out by divers from the Garda underwater location of the section; the type of work carried unit at the location where the person’s body was out by the section; the annual budget for the discovered. Officers from the Irish Naval Service section in each of the past five years; and if he also carried out tests at the same location on a will make a statement on the matter. [9681/06] day when the prevailing sea conditions where similar to the day that the person’s body was dis- Minister for Justice, Equality and Law Reform covered, to observe the effect of the incoming (Mr. McDowell): The Garda Sı´ocha´na acts as tide on a body in the water. Assistance was also both the State’s national police service and provided by the Police Service of Northern national security service. Ireland does not have a Ireland. Extensive inquires were also carried out “secret service”. for the purpose of obtaining any CCTV footage. The function of the Garda Sı´ocha´na in its capa- Furthermore, the State pathologist reviewed the city as the State’s national security service is to original post mortem carried out on the person. protect the State from national security threats I am informed that there is no evidence from from within and without, in association with the either the initial investigation into the death of Defence Forces, as appropriate. For sound secur- the person or the recent review to suggest foul ity and operational reasons, it is not the practice play. There were no injuries to the body to sug- and it would be contrary to the public interest to gest anything other than death by drowning. This reveal details of numbers and locations of Garda fact is borne out by the findings of the inquest members employed in national security service into the death of the person and also corrobor- duties. ated by the medical evidence. As the national security service forms part of On 22 February 2006 the detective chief the general Garda organisation, there is no separ- superintendent from the NBCI met members of ate, dedicated budget for its operation; all costs the person’s family and explained in detail to associated with security service duties are sub- them the results of the review. 909 Questions— 9 March 2006. Written Answers 910

Northern Ireland Issues. information; sections 38-40 which relate to the complaints procedures surrounding access to 31. Mr. Broughan asked the Minister for buildings and services and sectoral plans; Part 4, Justice, Equality and Law Reform if and when he which relates to genetic testing; and Part 5, which will be in a position to publish an unedited or a relates to public service employment. Section 29 redacted version of the Nally Report; and if he of the Act which relates to access to heritage sites will make a statement on the matter. [9691/06] will come into operation on 31 December 2007. Minister for Justice, Equality and Law Reform The following progress has been made on the (Mr. McDowell): As I outlined to Da´il E´ ireann implementation of the key provisions of the Dis- in February 2004, I hope to be in a position to ability Act that have been commenced. Depart- publish an edited version of the report in question ments have made provision for expenditure on in the future. However, as I also indicated in the service delivery in 2006 under the Act as required Da´il, this could not be done while criminal pro- by section 5 of the Act. Departments and other ceedings were outstanding against the person public bodies are implementing the accessibility who made the allegations which were referred to provisions of the Act including the appointment the Nally Group. These proceedings remain out- of access officers and the establishment of com- standing. plaints procedures. The NDA has prepared a It is not, nor has it ever been, my intention to code of practice, at my request, in regard to publish the Nally report in an unedited or unre- sections 26, on accessibility to services provided dacted form, having regard to the fact that the by public bodies, 27, on accessibility of services report contains highly sensitive matters involving supplied to public bodies, and 28, on access to the security of the State and possible risk to the information through communication formats. I lives of individuals. have arranged with the Attorney General for for- mal drafting of an order for my signature to give Question No. 32 answered with Question effect to the code. The six Departments required No. 30. to do so have produced outline sectoral plans relating to service delivery by those Departments Disability Act 2005. and public bodies under their aegis. The Depart- ments are involved in a major consultation pro- 33. Mr. Stanton asked the Minister for Justice, cess with a view to laying the plans before the Equality and Law Reform if he can provide a full Oireachtas not later than 28 July 2006. Depart- listing of the sections of the Disability Act 2005 ments, public bodies and the NDA are pro- which have been implemented and are fully oper- gressing the implementation of the provisions of ational; the dates when they came into effect; the the Act relating to the employment of people details of the sections of the Act which remain to with disabilities. be implemented and the timescale for the imple- mentation of same; if all sections of the Act have Prison Building Programme. and will be implemented on schedule; and if he will make a statement on the matter. [9746/06] 34. Mr. Ferris asked the Minister for Justice, Equality and Law Reform the position regarding Minister for Justice, Equality and Law Reform his plans to build a superprison at Thornton (Mr. McDowell): All parts of the Disability Act Hall. [9765/06] 2005 for which I have responsibility have been commenced with the exception of Part 6 which Minister for Justice, Equality and Law Reform provides for the establishment of a centre for (Mr. McDowell): A programme of preliminary excellence in universal design in the National Dis- works including landscaping is currently under ability Authority, NDA. Part 6 will commence on way at Thornton Hall. Planning for the develop- 1 January 2007. The commencement of Part 2 is ment of a new prison facility is continuing. This the responsibility of the Minister for Health and is aimed at providing a new modern facility to Children, in consultation with the Minister for replace the crowded and unsuitable conditions in Education and Science. Mountjoy and to end the practice of slopping out. The following parts and sections of the Act came into operation on 29 July 2005: Part 1 — Garda Deployment. Preliminary and General — which includes pro- visions relating to commencement, interpretation 35. Ms Lynch asked the Minister for Justice, and provision of resources; sections 24 and 30-37 Equality and Law Reform the number of com- in Part 3 which relate to codes of practice and munity gardaı´ who have been attached to each sectoral plans; and Part 7 — Miscellaneous — Garda station in the Dublin metropolitan area for which includes provisions relating to amendments each of the past five years; and if he will make a to the Broadcasting Act 2001 and the Equal statement on the matter. [9680/06] Status Act 2000. On 31 December 2005, the following provisions Minister for Justice, Equality and Law Reform of the Act came into operation: sections 25-28 (Mr. McDowell): I have been informed by the which relate to access to buildings, services and Garda authorities, who are responsible for the 911 Questions— 9 March 2006. Written Answers 912

[Mr. McDowell.] station in the Dublin metropolitan region, as at detailed allocation of resources, including person- 31 December 2001-2005, inclusive, was as set out nel, that the number of Community gardaı´, all in the following tables: ranks, which have been attached to each Garda

2001 2002 2003 2004 2005

D.M.R. South Central District “A” Kevin Street 55787 Kilmainham 35665

District “B” Pearse St. 12 11 11 15 11 Harcourt Tce. 31334

District “E” Donnybrook 33454 Irishtown 22223

D.M.R. South District “G” Crumlin 44554 Sundrive Rd. 44444

District “M” Rathfarnham 44556 Tallaght 20 22 24 24 20

District “P” Rathmines 33333 Terenure 45577

D.M.R. North District “H” Santry 33335 Whitehall 22335 Ballymun 66779 Dublin Airport 00000

District “R” Coolock 77577 Malahide 44435 Swords 666811

District “J” Raheny 45564 Clontarf 55665 Howth 44445

D.M.R. West District “K” Blanchardstown 19 18 19 17 17 Cabra 42226 Finglas 13 9 9 13 12

District “Q” Lucan 73558 Leixlip 44343 Ronanstown 9 12 13 16 13

District “L” Ballyfermot 8 10 9 9 14 Clondalkin 9 8 10 12 16 913 Questions— 9 March 2006. Written Answers 914

2001 2002 2003 2004 2005

Rathcoole 00011

D.M.R. North Central District “C” Store St. 17 20 25 24 26

District “U” Fitzgibbon St. 15 14 17 17 17 Mountjoy 8 10 12 14 13

District “D” Bridewell 14 13 15 14 15

D.M.R. East District “F” Dun Laoghaire 43554 Dalkey 22332 Kill-O’the-Grange 12333 Cabinteely 22455

District “N” Bray 45679 Enniskerry 00000 Shankhill 23344 Greystones 33224

District “W” Blackrock 43566 Dundrum 34665 Stepaside 11111

It should be noted that Garda management states sidered within the overall context of the needs of that all members of the Garda Sı´ocha´na have Garda areas throughout the country. responsibility, inter alia, to deal with community policing issues as they arise. The timescale for achieving the target strength of 14,000 members Human Rights Issues. of the Garda Sı´ocha´na in line with the commit- ment in An Agreed Programme for Government 36. Caoimhghı´nO´ Caola´in asked the Minister remains as when I announced the Government for Justice, Equality and Law Reform his views approval in October 2004 for my proposals to on the British Home Office report published in achieve this objective. The phased increase in the October 2005 which describes female genital strength of the Garda Sı´ocha´na to 14,000 will lead mutilation as a cultural tradition in view of the to a combined strength, of attested gardaı´ and universal recognition that violence against recruits in training, of 14,000 by the end of this women is a human rights issue and that female year. As part of the accelerated recruitment cam- genital mutilation is a form of violence against paign to facilitate this process, 1,125 Garda women. [9762/06] recruits were inducted to the Garda college dur- ing 2005. The college will induct 1,100 recruits 58. Mr. Morgan asked the Minister for Justice, this year and a further 1,100 in 2007, by way of Equality and Law Reform his views on the intakes to the Garda college of approximately 275 opinion of BAOBAB, cited by himself, that recruits every quarter. This project is fully on tar- female genital mutilation is not a genuine reason get and will be achieved. In this regard, I am for applying for asylum abroad in view of the uni- informed by the Garda authorities that the first versal recognition that violence against women is incremental increase of newly attested gardaı´ due a human rights issue and that female genital muti- to the programme of accelerated recruitment into the Garda Sı´ocha´na will take place on 16 March lation is a form of violence against women. 2006. [9763/06] The Garda Commissioner will be drawing up plans on how best to distribute and manage these Minister for Justice, Equality and Law Reform additional resources, and in this context the needs (Mr. McDowell): I propose to take Questions of the Dublin Metropolitan area will be fully con- Nos. 36 and 58 together. 915 Questions— 9 March 2006. Written Answers 916

[Mr. McDowell.] Minister for Justice, Equality and Law Reform I presume the Deputies are referring to the (Mr. McDowell): The Government has not yet contents of my reply to Question No. 12 of 2 considered the issue of introducing a national February 2006. In that reply, I dealt with the issue identity card. As Ireland shares a land border and of female genital mutilation in Nigeria and the a common travel area with the United Kingdom, entitlement or otherwise to refugee status on this I have been closely monitoring developments in basis in the State. As I also indicated, it is not for the UK in relation to the introduction of the me to determine who is and who is not a refugee. identity card scheme. My main concerns are the That is a matter for the Office of the Refugee implications for the common travel area and for Applications Commissioner and Refugee Irish people travelling to, living and working in Appeals Tribunal within the framework of the the UK. Refugee Act, 1996. While I am on record as being opposed to I do not propose to comment in any more national identity cards in principle, I believe the detail on either of the issues raised by the introduction of the UK identity card may have Deputies. However, I would reiterate that the implications for the approach we ultimately must UK Home Office report of October 2005 on Nig- take to this matter, particularly against the back- eria points out, utilising other source material, ground of the common travel area. Having said that, inter alia, female genital mutilation is a cul- that, I will wait and see the final version of the tural tradition practised in Nigeria and that its British scheme before finalising my views. incidence has declined steadily in the past 15 I have discussed this issue with the Home Sec- years. The report also refers to the fact that the retary on a number of occasions and I will be Nigerian Government publicly opposes this prac- meeting him again shortly, when this matter will tice and while there is no federal law banning the be discussed. My officials and officials from other practice, such prohibitions do exist at state level. Departments have been in constant touch with The Home Office report also quotes a report their counterparts in the Home Office on this issue, and the Irish Embassy in London has kept of a British Home Office-Danish Immigration a close eye on the passage of the UK legislation. Service fact finding mission to Nigeria, published Whether Ireland introduces an identity card or in January 2005, as indicating, inter alia, that not, it is becoming increasingly common for air- there are groups in Nigeria who are against the lines to demand photographic identification for practice of FGM and should a girl desire to avoid domestic flights and for flights within the com- FGM in spite of pressure from her family to do mon travel area. The decision to do this is purely otherwise she has the opportunity to complain to a matter for the carriers; it is not a legislative the Nigerian Police Force or the Nigerian Human requirement. Rights Commission and, in addition, she may seek protection from women lawyers or NGO’s. Citizenship Applications. According to BAOBAB, a Nigerian women’s NGO, the Government and prominent NGOs in 38. Mr. Rabbitte asked the Minister for Justice, Nigeria provide protection to women escaping Equality and Law Reform the safeguards which FGM. It confirms that most women throughout are in place for a person (details supplied) who Nigeria have the option to relocate to another came here as a minor without a passport or docu- location if they do not wish to undergo FGM and mentation of citizenship; the reason the person Government institutions and NGO’s afford pro- was refused for naturalisation; his views on this tection. BAOBAB is also quoted as being of the decision; if he will give this person indefinite opinion that FGM in itself is not a genuine reason leave to remain as the parent of an Irish born for applying for asylum abroad. The Nigerian child; and if he will make a statement on the Human Rights Commission has indicated it matter. [9692/06] would be surprised if someone actually had to leave Nigeria in order to avoid FGM instead of 159. Dr. Cowley asked the Minister for Justice, taking up residence elsewhere in Nigeria. Accord- Equality and Law Reform if he will reconsider ing to BAOBAB internal relocation is a real the application for citizenship by a person (details option within Nigeria to avoid FGM and women supplied); and if he will make a statement on the actually take up this option. matter. [9828/06]

Minister for Justice, Equality and Law Reform National Identity Card. (Mr. McDowell): I propose to take Questions 37. Mr. J. O’Keeffe asked the Minister for Nos. 38 and 159 together. Justice, Equality and Law Reform his views on The person concerned entered the State as an the need to introduce an identity card along the unaccompanied minor in October 1999 and lines of those being introduced in Britain; and if applied for asylum. Normal immigration controls he will make a statement on the matter. were not applied to her and her entry to the State [9612/06] without a passport or valid form of identification 917 Questions— 9 March 2006. Written Answers 918 was allowed for the sole purpose of having an ment on the anomalies surrounding the status of asylum claim determined. In May 2000, she with- Somalis currently seeking asylum here. [9769/06] drew her claim for asylum before it had been finalised and made an application for leave to 44. Aengus O´ Snodaigh asked the Minister for remain based on her parentage of an Irish born Justice, Equality and Law Reform when a child. She was granted leave to remain on this decision will be made on the way in which to deal basis on 8 October 2002. with the unique circumstances of Somalis cur- In May 2004, the person concerned applied for rently seeking asylum here. [9770/06] a certificate of naturalisation. The Minister for Justice, Equality and Law Reform may, in his Minister for Justice, Equality and Law Reform absolute discretion, grant an application for a cer- (Mr. McDowell): I propose to take Questions tificate of naturalisation provided certain statu- Nos. 39 and 44 together. tory conditions are fulfilled. Those conditions are I am not clear what the Deputies mean when that the applicant must be of full age, or by way they refer to anomalies or unique circumstances of exception, be a minor born in the State, be of pertaining to or surrounding applications for asy- good character, have had a period of one year’s lum from nationals of Somalia. There is a statu- continuous residency in the State immediately tory framework governing the asylum determi- before the date of the application and, during the nation process in Ireland set out in the Refugee eight years immediately preceding that period, Act 1996 and it is not for me as Minister to deter- have had a total residence in the State amounting mine who is or is not a refugee. The 1996 Act to four years, intend in good faith to continue to established two independent statutory offices to reside in the State after naturalisation, have consider applications and appeals in respect of made, either before a judge of the District Court refugee status and to make recommendations to in open court or in such a manner as the Minister, the Minister for Justice, Equality and Law for special reasons allows, a declaration in the Reform on whether such status should be prescribed manner, of fidelity to the nation and granted. These offices are the refugee appli- loyalty to the State. cations commissioner and the Refugee Appeals It should be noted that in the context of natu- Tribunal. ralisation certain periods of residence in the State The processing of applications within the are excluded. These include periods of residence framework of the 1996 Act, in particular has due in respect of which an applicant does not have regard to the definition of a ”refugee“ in section permission to remain in the State, periods 2 of that Act, which states that a ”refugee“ is ”...a granted for the purposes of study and periods person who, owing to a well founded fear of being granted for the purposes of seeking recognition persecuted for reasons of race, religion, national- as a refugee within the meaning of the Refugee ity, membership of a particular social group or Act 1996. political opinion, is outside the country of his or The person concerned had not been resident in her nationality and is unable or, owing to such the State for five years at the time she applied fear, is unwilling to avail himself or herself of the and, consequently, her application was deemed protection of that country; or who, not having a ineligible. She was informed of this decision in nationality and being outside the country of his writing in February 2006. Since she was granted or her former habitual residence, is unable or, leave to remain in October 2002 she will satisfy owing to such fear, is unwilling to return to it. the residency requirements for naturalisation in Every asylum applicant is guaranteed an inves- October 2007, provided she maintains her per- tigation and determination of his or her claim at mission without any gaps during this period. Any first instance by the refugee applications com- such application will be assessed against the pro- missioner. Each application is assessed on the visions of the Irish Nationality and Citizenship basis of the circumstances of the individual case Act. and having regard to the subjective elements, the While there is no provision to grant indefinite applicant’s own account or personal history, and or permanent leave to remain in the State on the objective elements, up-to-date information on the basis of parentage of an Irish born child, it is pos- applicant’s country or place of origin. This coun- sible to obtain permission to remain without con- try of origin information comes from a wide var- dition as to time. An application for such per- iety of sources, including organisations such as mission to remain can be made to the the UNHCR, Amnesty International, Human immigration division of my Department once the Rights Watch, UK Home Office, Canadian Inter- person concerned has resided in the State for a national Refugee Board, US State Department minimum of eight years. and other EU member states as well as media and Internet sources. The Office of the Refugee Applications Com- Asylum Applications. missioner and the Refugee Appeals Tribunal also 39. Mr. Morgan asked the Minister for Justice, consider the well-foundedness of each individual Equality and Law Reform if he will make a state- applicant’s claim, that is, whether there are 919 Questions— 9 March 2006. Written Answers 920

[Mr. McDowell.] In regard to the escort levels provided for this sufficient facts to permit the finding that, if charter, I am aware that the details provided in returned to his or her country of origin, the appli- the question arise from a newspaper article pub- cant would face a serious risk of persecution. lished on the day of the charter. I should further Credibility is also central to assessing an appli- state that, as has been the practice in regard to cation, and it falls to the Office of the Refugee previous Da´il questions on charters, I do not Applications Commissioner and the Refugee intend to comment on, or confirm, the level of Appeals Tribunal to decide whether the appli- Garda escorts provided for this operation. The cant’s account is credible and whether he or she Garda National Immigration Bureau is respon- has a well-founded fear of persecution. Issues of sible for effecting removals from the State, relevance in assessing credibility include: contra- including the escorting of deportees while on dictions-inconsistencies, plausibility of the appli- flights. The Garda Commissioner has advised me cant, and level of detail in the claim. A negative that all persons being deported are individually finding as to overall credibility will generally lead risk assessed by the Garda. This prior assessment to a conclusion that the applicant does not qualify determines the level of escort, if any, required. for protection. An advance party from the Garda National There must also be a link between the per- Immigration Bureau travelled to Beijing in secution as alleged and one or more of the advance to make the necessary arrangements grounds set out in both the 1996 Act and the 1951 with the Chinese authorities. This advance party Geneva Convention relating to the status of refu- stayed on for a couple of days after the returnees gees, namely, being persecuted for reasons of had arrived in Beijing to ensure that they were assisted in their transit through Beijing Airport. race, religion, nationality, membership of a part- In this connection, modest financial assistance icular social group or political opinion. Our was provided to each returnee on arrival in Beij- system also guarantees every asylum applicant a ing to assist them with their onward transport to right of appeal to a statutorily independent and their individual places of origin within China. separate body — the Refugee Appeals Tribunal. I should emphasise that the primary function of Every asylum applicant is also guaranteed access Garda escorts, whether on charter or commercial to legal assistance provided by the refugee legal aircraft, is not to prevent cruel or unfair treat- service. ment being meted out to returnees upon their The UNHCR is given full access to our refugee arrival in their country of origin. That function is determination process and can examine any case inherent in the determination processes leading at any time to ensure fair procedures and com- to the issue of a deportation order. Before a pliance with our Geneva Convention obligations. deportation decision is made in any individual I would also refer the Deputies to my comprehen- case, the Minister for Justice, Equality and Law sive reply to a series of parliamentary questions Reform must have regard to the 11 factors con- on asylum applications from nationals of Somalia, tained in section 3(6) of the Immigration Act Questions Nos 187 to 189, inclusive, on 8 March 1999, as amended, and the provisions of section 2006. 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement. Deportation Orders. This means that the safety of returning a per- son to their country of origin, or refoulement, as 40. Mr. Sargent asked the Minister for Justice, it is commonly referred to, is fully considered in Equality and Law Reform the steps taken by the every case when deciding whether to make a 26 Garda officers and four Garda sergeants who deportation order. This means in practice that a accompanied the 13 Chinese deportees on 21 person shall not be expelled from the State or February 2006 to ensure their fair treatment by returned in any manner whatsoever to a state Chinese authorities on arrival in Beijing; if he is where, in my opinion, the life or freedom of that satisfied that these people will not be subjected person would be threatened on account of his or to cruel or unfair treatment in the aftermath of her race, religion, nationality, membership of a their deportation; and if he will make a statement particular social group or political opinion. The on the matter. [9792/06] legislation requires that this consideration is given before the deportation decision is made. In Minister for Justice, Equality and Law Reform arriving at such decisions, my Department uses (Mr. McDowell): The deportation operation extensive country of origin information drawn referred to by the Deputy involved the return of from different independent sources, including the 13 Chinese nationals to their country of origin by UNHCR, in evaluating the safety of making charter flight on 21-22 February 2006. This char- returns to third countries. ter flight arrangement was made principally I am satisfied that all national and international because some of the persons being returned had, protection obligations were observed in the con- by their disruptive behaviour, frustrated previous text of this recent deportation operation to attempts to have them removed from the State. China. 921 Questions— 9 March 2006. Written Answers 922

Asylum Support Accommodation. come to know the individuals concerned and as their practical experience of the centre operation 41. Mr. Wall asked the Minister for Justice, allays their initial concerns. The RIA has in its Equality and Law Reform the policies involved accommodation portfolio 16 male-only centres in making decisions regarding designated-type and no significant issues have arisen at these hostels, such as Bridgewater House, Carrick-on- locations. In addition, the RIA has embarked on Suir, County Tipperary; and if he will make a the reclassification of a portion of some of its statement on the matter. [9685/06] larger family centres in order to accommodate single persons alongside families in Sligo, Meath Minister for Justice, Equality and Law Reform and Monaghan. (Mr. McDowell): The Reception and Integration Agency, RIA, of my Department is responsible for the accommodation of asylum seekers and has Independent Monitoring Commission. a portfolio of 65 centres across the State for this 42. Caoimhghı´nO´ Caola´in asked the Minister purpose. for Justice, Equality and Law Reform the cost to In March 2005 there was a total of 8,080 asylum the State to date in 2006 of the Independent seekers being accommodated by the RIA. Monitoring Commission; and if he will make a Approximately 3,500 residents applied for leave statement on the matter. [3865/06] to remain in the State under the Irish Born Chil- dren, IBC, measures announced on 17 December Minister for Justice, Equality and Law Reform 2004. Almost all of these residents have now left (Mr. McDowell): The Independent Monitoring the RIA accommodation and as of 24 February Commission, IMC, was established following an 2006 there were 4,892 asylum seekers resident in agreement between the Governments of Ireland accommodation centres. Within a relatively short and of the United Kingdom done at Dublin on 25 space of time the numbers requiring accommo- November 2003. The costs of the commission are dation has reduced and it is incumbent on the shared equally by the British and Irish RIA to use the accommodation at its disposal in Governments. the most effective way and provide the best value For practical purposes, the full costs of the for money for the Department and the taxpayer. IMC are met by the Northern Ireland Office. The In addition to the exodus of families with IBC’s Northern Ireland Office then forward a set of from RIA accommodation, the numbers and pro- accounts and an invoice to my Department to file of persons seeking asylum has changed. The recoup half of the costs. number of families seeking asylum in the State The cost of the IMC for the first three months has dropped and the RIA, as a demand-driven of 2006 will not be available until after 31 March. organisation, is obliged to reflect this reality in The costs of the IMC from its establishment to 31 the accommodation portfolio. December 2005 is STG£1,005,515.07. Due to the rapid fall in the numbers of persons requiring accommodation and the change in pro- Question No. 43 answered with Question file of asylum seekers, the RIA embarked on a No. 27. programme of downsizing of its accommodation portfolio. This is intended to bring supply and Question No. 44 answered with Question demand into balance and will include the reclas- No. 39. sification of some of the accommodation centres in order to optimise usage and obtain value for Asylum Support Accommodation. money. This downsizing has seen a number of 45. Ms Shortall asked the Minister for Justice, centre closures during 2005,15 centres with a Equality and Law Reform, further to the case of combined capacity of 833 beds. To date in 2006, the 5,456 headline offences committed by persons four centres with a combined capacity of approxi- on bail, the offences for which the persons were mately 270 beds have been closed and further on bail; when the offences while the persons were closures-reclassifications are planned. on bail were committed; the number of persons The only accommodation centre for asylum charged and convicted of offences while on bail; seekers in the entire county of Tipperary is the the steps he is proposing to take to tackle the centre in Carrick-on-Suir and the RIA has problem; and if he will make a statement on the reclassified this centre as suitable for single per- matter. [9771/06] sons. This centre has housed asylum seekers since 2001 without any significant matters arising in the Minister for Justice, Equality and Law Reform intervening period. The RIA understands the (Mr. McDowell): In relation to bail in general, degree of anxiety or unease that a local popu- during the term of office of the rainbow coalition lation may feel if a centre profile is changed from the number of prisoners on temporary release women, children and small babies to single per- reached an all time high of 20% at one stage. As sons. It is the RIA’s experience that, over time, a result of the action of this Government this so such feelings dissipate as the local population called revolving door system operated by the 923 Questions— 9 March 2006. Written Answers 924

[Mr. McDowell.] Of the 13 returnees, four had criminal convic- rainbow coalition has been stopped and the per- tions of various types. This charter was arranged centage of the prison population on temporary principally to facilitate the removal of a number release now is approximately 2.3%. of persons who had frustrated previous attempts I am informed by the Garda authorities that of to remove them on commercial flights through the 5,456 offences committed in 2005 by persons violent and disruptive behaviour. on bail, proceedings commenced against 3,353 persons to date, with 758 of those being con- Asylum Support Accommodation. victed. Figures provided for 2005 are provisional, 47. Mr. S. Ryan asked the Minister for Justice, operational and liable to change. Equality and Law Reform if, in view of the group The Bail Act 1997 gave effect to the sixteenth of single young men under the direct provision amendment to the Constitution and tightened up scheme who have recently been relocated to the bail regime considerably. In addition, section Bridgewater House, Carrick-on-Suir, County 11 of the Criminal Justice Act 1984 provides for Tipperary, the resources which are available to consecutive sentencing of an offender who com- integrate these single men, who cannot work, into mits an offence while already on bail for another a very small town; the research which has been offence. The granting of bail in accordance with done into the feasibility of this relocation; the the Bail Act, the amount of bail and sentencing person who was consulted; the person who was are matters for the courts which are, subject only informed; the contact which was made with the to the Constitution and the law, independent in local community into facilities available in the the exercise of their judicial functions. town; and if he will make a statement on the The information requested regarding the matter. [9686/06] offences for which the persons concerned were on bail, cannot be readily answered and it would Minister for Justice, Equality and Law Reform require an unjustified deployment of Garda time (Mr. McDowell): The Reception and Integration and resources to identify each offence. Agency, RIA, of my Department is responsible for the accommodation of asylum seekers and Deportation Orders. currently has a portfolio of 65 centres across the State for this purpose. 46. Mr. Sargent asked the Minister for Justice, In March 2005 there was a total of 8,080 asylum Equality and Law Reform the full cost to the seekers being accommodated by the RIA. State of the recent deportation by air of 13 Approximately 3,500 residents applied for leave Chinese nationals; and if he will make a state- to remain in the State under the Irish Born Chil- ment on the matter. [9791/06] dren, IBC, measures announced on 17 December 2004. Almost all of these residents have now left Minister for Justice, Equality and Law Reform the RIA accommodation and as of 24 February (Mr. McDowell): Thirteen adults, 11 males and 2006 there were 4,892 asylum seekers resident in two females, were deported to Beijing in China accommodation centres. Within a relatively short by charter flight on 21-22 February 2006 at a total space of time the numbers requiring accommo- \ cost of 255,539. This was the first such charter dation has reduced and it is incumbent on the flight to China and, because of the long distance RIA to use the accommodation at its disposal in between Dublin and Beijing, it required two fuel the most effective way and provide the best value stopovers in Leipzig, Germany and Tashkent, for money for the Department and the taxpayer. Uzbekistan. The flight had a medical team of a In addition to the exodus of families with IBC’s doctor and nurse. The flight was chartered from RIA accommodation, the numbers and pro- through a UK company, Air Partner PLC, which file of persons seeking asylum has changed. The is contracted to the Department following an EU- number of families seeking asylum in the State wide tender competition in 2005. has dropped and the RIA, as a demand-driven The above cost does not include Garda organisation, is obliged to reflect this reality in expenses associated with this removal operation. the accommodation portfolio. I am advised by the Garda Commissioner that, Due to the rapid fall in the numbers of persons given the wide range of immigration duties per- requiring accommodation and the change in pro- formed by the Garda Sı´ocha´na and the Garda file of asylum seekers, the RIA embarked on a National Immigration Bureau in particular, it is programme of downsizing of its accommodation not possible to identify the particular pay and portfolio. This is intended to bring supply and overtime costs incurred by the Garda on charter demand into balance and includes the reclassifi- flights. However, the Commissioner informs me cation of some of the accommodation centres in that charter flights involve a lower ratio of Garda order to optimise usage and obtain value for escorts to deportees than is the case using con- money. This downsizing has seen a number of ventional scheduled flights, resulting in savings to centre closures during 2005,15 centres with a the Garda budget. combined capacity of 833 beds. To date in 2006, 925 Questions— 9 March 2006. Written Answers 926 four centres with a combined capacity of approxi- of naturalisation from the person referred to by mately 270 beds have been closed and further the Deputy was received in the citizenship section closures-reclassifications are planned. of my Department on 28 September 2004. The The only accommodation centre for asylum average processing time for such applications is seekers in the entire county of Tipperary is the 24 months at present. It is likely, therefore, that centre in Carrick-on-Suir and the RIA has the application of the person concerned will be reclassified this centre as suitable for single per- finalised in or around September this year. sons. This centre has housed asylum seekers since I will advise the Deputy and the person con- 2001 without any significant matters arising in the cerned as soon as I have made a decision in the intervening period. The change of profile of a matter. centre from family to single persons does not gen- erally entail a requirement for access to any Adult Cautioning Scheme. additional State services. Asylum seekers of any gender are entitled to access medical and social 49. Ms Burton asked the Minister for Justice, services in exactly the same way. However, the Equality and Law Reform the number of offences RIA has found that reclassification to single per- listed in the adult cautioning scheme which sons will generally mean that any pressures that became operational on 1 February 2006; the may have existed in local schools, maternity method of determining which offences are appro- wards and in pre and post-natal clinics, arising priate for inclusion in the scheme; and if he will from the requirement to deliver a service to asy- make a statement on the matter. [9670/06] lum seekers, are relieved. It is incumbent on the RIA to utilise its prop- Minister for Justice, Equality and Law Reform erty portfolio to provide the best value for (Mr. McDowell): I am informed by the Garda money. Memoranda of agreement require con- authorities that 13 offences listed in the adult cau- tractors to accept any person whom the RIA tioning scheme became operational on 1 refers to the centre. Since its establishment the February 2006. RIA and its predecessor — directorate of asylum Offences deemed appropriate for inclusion in seeker services, DASS — have reclassified the scheme were arrived at through consultations numerous centres throughout the State from between the Office of the Director of Public Pros- family to single persons and vice versa without ecutions and the Garda Sı´ocha´na. Summary any difficulties. The RIA informs all relevant offences, with the exception of serious Road service providers of a reclassification and, in the Traffic Act offences and offences arising from case of Carrick-on-Suir, will meet with the local conduct which had a clear potential to cause asylum seeker support group shortly. serious injury to person or property, were The RIA understands the degree of anxiety or deemed appropriate for consideration. Indictable unease that a local population may feel if a centre charges of a minor nature such as theft of small profile is changed from women, children and amounts of food, drink or household products small babies to single persons. It is the RIA’s and assaults which were not intended to cause sig- experience that, over time, such feelings dissipate nificant harm were also included. as the local population come to know the individ- I am also informed that if the public interest uals concerned and as their practical experience requires a prosecution for an offence under con- of the centre operation allays their initial con- sideration, cautioning would in those circum- cerns. The RIA has in its accommodation port- stances not be appropriate. folio 16 male-only centres and no significant issues have arisen at these locations. In addition, Schedule of Offences included in the Scheme the RIA has embarked on the re-classification of Criminal Justice (Public Order) Act, 1994 a portion of some of its larger family centres in order to accommodate single persons alongside Section 4: Intoxication in a public place families in Sligo, Meath and Monaghan. Section 5: Disorderly conduct in a public place Citizenship Applications. Section 6: Threatening, abusive or insulting 48. Ms O’Sullivan asked the Minister for behaviour in a public place Justice, Equality and Law Reform his views on Section 8: Failure to comply with a direction the application for naturalisation of a person of a member of An Garda Sı´ocha´na (details supplied) on the grounds that they have been working here full-time for the past six years; Section 9: Wilful obstruction and if he will make a statement on the matter. Section 11: Entering a building etc. with [9679/06] intent to commit an offence Minister for Justice, Equality and Law Reform Section 22: Surrender and seizure of intoxi- (Mr. McDowell): An application for a certificate cating liquor 927 Questions— 9 March 2006. Written Answers 928

[Mr. McDowell.] informed by letter dated 22 October 2004 that the Criminal Justice (Theft and Fraud Offences) Minister proposed to make a deportation order Act 2001 in respect of her. She was given the options, to Section 4: Theft where the value of property be exercised within 15 working days, of making concerned is less than \1000 representations to the Minister setting out the reasons she should be allowed to remain tempor- Intoxicating Liquor Act 2003 arily in the State; leaving the State before an order is made or consenting to the making of a Section 6: Offences by a drunken person deportation order. Section 8: Disorderly conduct Her case file, including all representations sub- mitted, will be considered under section 3(6) of Non Fatal Offences Against the Person Act the Immigration Act 1999, as amended, and 1997 section 5 of the Refugee Act 1996, prohibition of refoulement. I expect the file to be passed to me Section 2: Assault (other than assaults on a for decision in due course. member of An Garda Sı´ocha´na) Question No. 52 answered with Question Criminal Damage Act 1991 No. 22. Section 2: Damaging property where the value of the property damaged is less than Minister for Justice, Equality and Law Reform \1000 (Mr. McDowell): I refer the Deputy to my response to Priority Questions Nos. 1 and 2 of Section 3: Threat to damage property today’s date.

Garda Stations. Equal Status Acts. 50. Mr. Deenihan asked the Minister for 53. Mr. Stanton asked the Minister for Justice, Justice, Equality and Law Reform the position Equality and Law Reform if he agrees with the regarding the provision of a new Garda station at Equality Authority that, following the findings of Castleisland, County Kerry; and if he will make a the recent report entitled inequality and the statement on the matter. [9624/06] stereotyping of young people, there is an urgent need to redefine the age ground under the Equal Minister for Justice, Equality and Law Reform Status Acts to extend the provisions of the Acts (Mr. McDowell): The purchase of a site for a new on the age ground to people under 18, the Garda station at Castleisland has been completed equality legislation currently allows discrimi- and I understand from the Garda authorities that nation on the age ground in relation to young a brief of requirements for the new station is people under 18; his plans to amend existing being prepared. equality legislation as suggested; and if he will On receipt of the brief by my Department, it make a statement on the matter. [9745/06] will be dealt with immediately and the Office of Public Works will be requested to progress the Minister for Justice, Equality and Law Reform building of the new station. There will be no (Mr. McDowell): I welcome the publication of unavoidable delay in progressing this project. this report which provides an important insight into the inequality and the stereotyping of young people today as perceived by the young people Asylum Applications. themselves. The report will be of interest to all 51. Mr. M. Higgins asked the Minister for groups who engage with young people. Justice, Equality and Law Reform the reason for I do not, however, agree with the Equality the delay in processing the application of a person Authority that there is an urgent need to extend (details supplied) in Dublin 8, who has applied the provisions of the Equal Status Acts on the for leave to remain on humanitarian grounds; and age ground to people under the age of 18. The if he will make a statement on the matter. reason for excluding under 18s from claiming dis- [9676/06] crimination on the age ground is that 18 is a stan- dard cut-off for access to many services, for Minister for Justice, Equality and Law Reform example, it is the age of majority, the age at which (Mr. McDowell): The person concerned arrived contractual commitments are fully enforceable, in the State on 26 August 2001 and applied for the age for sale of drink, access to certain films asylum. Her application was refused following and so on. It would be impractical to extend the consideration of her case by the Office of the age ground to under 18s as this would necessitate Refugee Applications Commissioner and, on the provision of an extraordinary number of appeal, by the Refugee Appeals Tribunal. exemptions within the legislation and would Subsequently, in accordance with section 3 of entail a revisiting of virtually every area of the the Immigration Act 1999, as amended, she was Equal Status Act. It would also mean that, in 929 Questions— 9 March 2006. Written Answers 930 principle, it would no longer be permissible to North-South Co-operation. give any preference, such as a reduced price, to 54. Mr. Costello asked the Minister for Justice, young people. Equality and Law Reform his response to the Under section 3(3) of the Equal Status Act policy document recently published by the SDLP 2000, a person who is less than 18 years of age entitled North-South Makes Sense; his views on cannot bring a claim of discrimination on the age an all-Ireland agency to combat crime and terror- ground. Equally, a person who is aged 18 or over ism, an all-Ireland Criminal Assets Bureau and cannot bring a claim of discrimination on the age an all-Ireland sex offenders register; and if he will ground which is based on a comparison with a make a statement on the matter. [9760/06] person aged less than 18, for example, an adult cannot seek children’s fare on a bus. I emphasise, Minister for Justice, Equality and Law Reform however, that the Act does apply to discrimi- (Mr. McDowell): I refer the Deputy to my answer nation against under 18s based on the other eight to Priority Question No. 5 of today’s date. grounds. It is, therefore, possible for a young per- son to bring a claim of discrimination based on Deportation Orders. race, gender, sexual orientation, membership of 55. Ms Shortall asked the Minister for Justice, the Traveller community etc. It is not correct to Equality and Law Reform the reason for the say that the Act excludes young people. delay in processing the application of a person The Government has amended the Equal (details supplied) in Dublin 8, who has applied Status Act twice to make changes in the way it for leave to remain on humanitarian grounds; and impacts on young people. It clarified the law in if he will make a statement on the matter. regard to the regulation of access to licensed [9677/06] premises by persons under 18 years of age and the conditions under which it is permissible to set Minister for Justice, Equality and Law Reform (Mr. McDowell): The person concerned arrived an age limit for the purchase of liquor higher than in the State on 26 August 2001 and applied for 18 years. The Government also amended the asylum. Her application was refused following Equal Status Act to apply it to discrimination on consideration of her case by the Office of the the age ground in the provision of motor vehicle Refugee Applications Commissioner and, on insurance to drivers under 18 years of age. The appeal, by the Refugee Appeals Tribunal. Sub- Government has shown that it is prepared to con- sequently, in accordance with section 3 of the sider well founded proposals for changes to Immigration Act 1999, as amended, she was equality legislation. However a general appli- informed by letter dated 22 October 2004 that the cation of the age ground to persons under 18 Minister proposed to make a deportation order would not be practical. in respect of her. She was given the options, to The role of protection of the rights and be exercised within 15 working days, of making interests of children and young people under 18 representations to the Minister setting out the resides with the Ombudsman for Children estab- reasons she should be allowed to remain tempor- lished under the Ombudsman for Children Act arily in the State; leaving the State before an 2002 and not with the Equal Status Acts. The role order is made; or consenting to the making of a of the Ombudsman for Children covers three deportation order. main areas the first being the promotion of chil- Her case file, including all representations sub- dren’s rights, the second dealing with complaints mitted, will be considered under section 3(6) of and investigations and the third the carrying out the Immigration Act, 1999, as amended, and of research and inquiries. section 5 of the Refugee Act 1996, prohibition of A better approach would be the one already refoulement. I expect the file to be passed to me for decision in due course. identified in the report which is a focus on the role the media have to play in creating negative Refugee Appeals Tribunal. stereotyping and its recommendations in this regard to the National Union of Journalists and 56. Mr. Gormley asked the Minister for Justice, the Broadcasting Commission of Ireland. I would Equality and Law Reform the steps he has taken imagine that any code of practice for the press to deal with concerns regarding the tribunal’s could also usefully address this point. The chairman in view of recent resignations from the research makes the case that the media have a Refugee Appeals Tribunal (details supplied); the particular responsibility to take care in their por- further steps he intends to take to improve trans- trayal of groups, such as young people, that have parency surrounding the tribunal’s decisions; and limited influence and power in society. Stereotyp- if he will make a statement on the matter. ing is not something created by legislation and [9786/06] neither would legislation against it have any suc- Minister for Justice, Equality and Law Reform cess in stopping it. (Mr. McDowell): As the Deputy will be aware 931 Questions— 9 March 2006. Written Answers 932

[Mr. McDowell.] One issue which is topical at present in relation the Refugee Appeals Tribunal is a statutory inde- to the tribunal is the issue of the publication of pendent body established under the Refugee Act its decisions. I am advised by the chairperson that 1996 in order to deal with negative recom- he attaches great importance to this matter. A mendations in respect of applications for refugee committee of members is in place which has been status issued by the Office of the Refugee Appli- researching best international practice and I am cations Commissioner. The tribunal has been in advised it has agreed a system of publication operation since November 2000 and is comprised, which is member intensive. I am further advised at the present time, of a full-time chairperson and that the first selection of decisions of the Refugee 33 part-time members. The tribunal, its chair- Appeals Tribunal to be published pursuant to person and members as well as its staff are carry- section 19(4A)(a) of the Refugee Act 1996 will ing out important functions for the State in meet- be on 31 March 2006. ing our obligations under the 1951 Geneva Convention relating to the status of refugees. In Legislative Programme. this regard, I believe that the chairperson is carry- 57. Mr. Penrose asked the Minister for Justice, ing out his functions in accordance with his statu- Equality and Law Reform if he has received rep- tory and contractual obligations. resentations from the Office of the Director of The tribunal has undertaken a significant job of Consumer Affairs urging him to review section 5 work since its establishment taking some 23,107 of the Arbitration Act 1980; when he proposes to decisions up to the end of 2005. It has also been conduct that review; and if he will make a state- tackling on an ongoing basis the number of ment on the matter. [9675/06] appeals on hands and moving from a situation, for example, where on 31 January 2004 it had Minister for Justice, Equality and Law Reform some 2,596 appeals to clear, some 990 of which (Mr. McDowell): Following on from represen- were over six months old, to a situation at the tations made by the Director of Consumer end of December 2005 where it had 1,267 appeals Affairs in January 1998, a decision was taken to on hands only 258 of which were over six amend section 5 of the Arbitration Act 1980 to months old. provide that the provisions of that section do not On 22 November 2005, two members of the preclude individuals from bringing civil pro- Refugee Appeals Tribunal wrote to the chair- ceedings under the small claims procedure of the person of the tribunal and myself advising of their District Court, once those proceedings otherwise intention to resign as members with immediate come within the scope of the small claims pro- effect and for stated reasons. I do not propose to cedure. The necessary amendment was effected elaborate on the matters in question because of by section 18 of the Arbitration (International the potential legal implications arising from the Commercial) Act 1998. No representations to issues raised. However, on receipt of the letters further amend section 5 have been received from of resignation, I requested a report from the the Office of the Director of Consumer Affairs. chairperson. In response, the chairperson informed me that he strongly refutes the criti- Question No. 58 answered with Question cisms in the correspondence and that he has writ- No. 36. ten to the former members on that basis. In relation to the issue of transparency sur- Centre for Public Inquiry. rounding the tribunal’s decisions, I would point out that the framework for the transaction of the 59. Mr. Quinn asked the Minister for Justice, business of the tribunal is contained in the Refu- Equality and Law Reform the circumstances gee Act 1996. Having regard to the independent under which he provided confidential information statutory functions of the members of the tri- to a newspaper journalist regarding the director bunal, I am advised by the chairperson that every of the Centre for Public Inquiry; and if he will effort is made, in line with the powers provided make a statement on the matter. [9758/06] in the Refugee Act 1996, to ensure that the busi- Minister for Justice, Equality and Law Reform ness of the tribunal is managed efficiently and (Mr. McDowell): I would refer the Deputy to my effectively and is consistent with fairness and comprehensive statement to Da´il E´ ireann on 13 natural justice. In this regard, the chairperson has December 2005. the power to issue guidelines and guidance notes on the practical application and operation of the Criminal Prosecutions. 1996 Act and on developments in the law relating to refugees. In addition, the chairperson convenes 60. Mr. Durkan asked the Minister for Justice, meetings of members to discuss matters relating Equality and Law Reform if prosecution against to the discharge of the business of the tribunal, any particular organised criminals or crime gangs including, in particular, such matters as the avoid- have been deferred for whatever reason in the ance of undue divergences in the exercise by past five years; and if he will make a statement members of their functions under the 1996 Act. on the matter. [9613/06] 933 Questions— 9 March 2006. Written Answers 934

184. Mr. Durkan asked the Minister for Justice, Minister for Justice, Equality and Law Reform Equality and Law Reform if his attention has (Mr. McDowell): All applications for asylum in been drawn to a situation whereby persons sus- the State are processed in accordance with the pected of criminal activity in respect of which evi- provisions of the Refugee Act 1996 and in part- dence exists go free due to failure to charge or icular having due regard to the definition of a “re- prosecute; if such incidents have links to organ- fugee” in section 2 of that Act, which states that ised crime; and if he will make a statement on the a “refugee” is “...a person who, owing to a well matter. [9983/06] founded fear of being persecuted for reasons of race, religion, nationality, membership of a part- Minister for Justice, Equality and Law Reform icular social group or political opinion, is outside (Mr. McDowell): I propose to take Questions the country of his or her nationality and is unable Nos. 60 and 184 together. or, owing to such fear, is unwilling to avail himself I am sure the Deputy will appreciate that or herself of the protection of that country; or decisions in relation to the prosecution of cases who, not having a nationality and being outside are solely a matter for the Director of Public the country of his or her former habitual resi- Prosecutions. The Director of Public Pros- dence, is unable or, owing to such fear, is unwill- ecutions is totally independent in the carrying out ing to return to it”. However, this definition does not include a person in respect of whom there are of his functions. Where evidence of criminality serious grounds for considering has committed a has been accumulated in any investigation into crime against peace, a war crime, or a crime the activities of criminals, that evidence is against humanity, as defined in the international presented to the Director of Public Prosecutions instruments drawn up to make provision in who adjudicates as to what action, if any, is to be respect of such crimes; has committed a serious taken. If a direction is received to charge part- non-political crime outside the State prior to his icular persons the matter is then presented before or her arrival in the State; or has been guilty of the courts. acts contrary to the purposes and principles of the Deferral of such cases arises only while the United Nations. matter is processed through the courts where it A person seeking the status of refugee in the may be adjourned from time to time until it is State may apply to the Minister for Justice, disposed of. In addition, the courts may put the Equality and Law Reform under section 8 of the matter back for the payment of compensation or 1996 Act for a declaration to the effect that such to review the behaviour of a defendant over a a person is a refugee in accordance with the specific period of time. definition as outlined. In respect of each individ- ual asylum seeker, the task is to determine Garda Investigations. whether, following investigation, he or she is deemed to come within the terms of the refugee 61. Dr. Upton asked the Minister for Justice, definition on the basis of all the information pro- Equality and Law Reform if an investigation vided and on the basis of comprehensive country (details supplied) has been completed; and if he of origin information drawn from independent will make a statement on the matter. [9678/06] sources, such as the UNHCR. As provided for in the Refugee Act 1996, as amended, this investi- Minister for Justice, Equality and Law Reform gation is carried out by two statutorily indepen- (Mr. McDowell): I understand that the Deputy is dent offices: at first instance, by the Office of the referring to the matters raised in Question No. Refugee Applications Commissioner and, on 375 of 13 December 2005. I am informed by the appeal, by the Refugee Appeals Tribunal. It is on Garda authorities that a file has been submitted the basis of the recommendations of these inde- to the Director of Public Prosecutions. I am pendent bodies that the Minister decides that he further informed that arising from this a number should or should not declare an applicant to be of issues are currently being clarified by the a refugee. Garda Sı´ocha´na. As there is an ongoing Garda The issuing of such a declaration by the Mini- investigation in this case it would be inap- ster is governed by section 17 of the 1996 Act propriate for me to comment further at this time. which, inter alia, provides that restrictions which would not normally apply to recognised refugees Asylum Applications. may apply in cases where the Minister considers that it is necessary to do so in the interests of 62. Mr. M. Higgins asked the Minister for national security and public policy. To date, these Justice, Equality and Law Reform the number of restrictions have not been applied to any recog- asylum seekers who have committed criminal nised refugee. For reasons of confidentiality, it is offences here and have been granted refugee not possible to provide the Deputy with details of status; the category of offence; the country of persons who arrived here as asylum seekers and origin; and if he will make a statement on the have been granted refugee status, having commit- matter. [9682/06] ted criminal offences in the State. 935 Questions— 9 March 2006. Written Answers 936

[Mr. McDowell.] legislation under which each request was made; The Deputy might also wish to be aware that the crimes for which the extradition of each was section 21 of the Refugee Act 1996, as amended, sought; the outcome of each request; and if he sets out the circumstances under which refugee will make a statement on the matter. [9672/06] status can be revoked. Section 21(1)(g) of that Act provides that the Minister may revoke a dec- Minister for Justice, Equality and Law Reform laration of refugee status where he is satisfied (Mr. McDowell): The information which the that a person to whom a declaration of refugee Deputy requests is not readily available. The div- status has been given is a person whose presence ision of my Department which deals with extra- in the State poses a threat to national security dition matters is currently preparing the infor- or public policy — ordre public. Clearly where mation. I will be in touch with the Deputy when evidence of a court conviction for criminal the information is available. activity on the part of a recognised refugee comes to hand, a judgment has to be made as to whether Northern Ireland Issues. the nature and gravity of the criminal offence is such as would warrant the revocation of that per- 65. Mr. S. Ryan asked the Minister for Justice, son’s status as a refugee. Equality and Law Reform the North-South or The revocation procedure as set out in section British-Irish contacts there have been at minis- 21 of the Act is an elaborate one, involving notifi- terial or official level in relation to the Omagh cation to the United Nations High Commissioner bomb investigation in general and subject matter for Refugees and a right of appeal to the High of the Nally report in particular; the position of Court. To date, five persons have had their refu- the Government on the matter; if future such gee status revoked with two of these revocation contacts are proposed or envisaged; and if he will decisions being the subject of ongoing legal make a statement on the matter. [9690/06] challenges. Minister for Justice, Equality and Law Reform National Security. (Mr. McDowell): The Omagh bomb investigation remains a live police investigation in both 63. Mr. Sherlock asked the Minister for Justice, Northern Ireland and this jurisdiction. As this is Equality and Law Reform the level of threat to an ongoing police investigation in both juris- Ireland from international terrorists in view of dictions, it is a matter primarily for both police the bombings in London in July 2005; if the cur- forces. My Department does not have a role in rent threat to Ireland remains low; and if he will the actual investigation, nor would this be appro- make a statement on the matter. [7186/06] priate. The general situation regarding the atroc- ity and the status of the Nally report have been Minister for Justice, Equality and Law Reform mentioned from time to time in intergovern- (Mr. McDowell): Responsibility for internal mental contacts. national security is a matter for the Garda Sı´och- There is ongoing and close cooperation a´na, with the support of the Defence Forces, as between the PSNI and the Garda Sı´ocha´na. The appropriate. The Garda authorities maintain an Garda investigation is managed from an incident up-to-date assessment of the threat of attack from room at Monaghan Garda station. Regular meet- international terrorist groupings through analysis ings are still being held between the investigation of intelligence gathered from domestic and inter- team based in Monaghan and the PSNI investi- national sources. gation team based in Omagh. Senior officers from Security threat assessments of this kind are fur- both police forces meet from time to time to dis- nished by the Garda authorities at regular inter- cuss all aspects of the investigation. vals to myself and the Government. Although it The Nally Group was not mandated to inquire is not the practice, and it would be contrary to into the Omagh bombing of August 1998 or who the public interest, to reveal in detail the content the perpetrators of that atrocity were. The Nally of these threat assessments, the Deputy will report arose when the Police Ombudsman for appreciate that it is vital that the resources of the Northern Ireland, Ms Nuala O’Loan, presented a State are fully deployed to combat the real, report to the then Minister for Foreign Affairs, ongoing threat posed by international terrorism, Deputy Cowen. This report contained allegations even though the general assessment of risk might by a Garda detective sergeant about the handling be regarded as low at present. of intelligence by the Garda Sı´ocha´na concerning the activities of the Real IRA, RIRA, in 2002 and Extradition Requests. about drug-related matters in the period 1995 to 64. Mr. Broughan asked the Minister for 1996. My predecessor as Minister, Deputy Justice, Equality and Law Reform the number of O’Donoghue, duly appointed Dr. Dermot Nally, extradition requests received each year from former Secretary to the Government, Mr. Joe other countries since the beginning of 2000; the Brosnan, former Secretary of the Department of country making the request in each case; the Justice, and Mr. Eamonn Barnes, former Director 937 Questions— 9 March 2006. Written Answers 938 of Public Prosecutions, to examine matters arising However, an implementation group is in place from the Ombudsman’s report to the Minister. and working to assist and advise on preparations This included allegations relating to the conduct for the new authority including the recruitment of certain Garda officers in the period immedi- of a director — advertised last week in national ately before and after the Omagh bombing. newspapers — the establishment of a head- The Nally Group reported in June 2003. The quarters in Navan, identification of staffing and core of the allegations, which would have training requirements, and advance planning of amounted to serious misconduct on the part of operational matters. members of the Garda Sı´ocha´na, were examined in detail and rejected in their entirety. The report Stardust Disaster. has not been published as it contains highly sensi- tive matters involving the security of the State 67. Mr. J. Higgins asked the Minister for and possible risk to the lives of individuals. There Justice, Equality and Law Reform if he has are also live criminal charges against the person arranged to meet families bereaved by the Star- who made the allegations. I have undertaken to dust disaster. [9377/06] publish a redacted version of the report once those criminal charges have been disposed of. Minister for Justice, Equality and Law Reform (Mr. McDowell): Arrangements to meet with representatives of the Stardust families have not Housing Estate Management. been made as yet. As I have indicated on a 66. Mr. O’Dowd asked the Minister for Justice, number of occasions, however, I will of be happy Equality and Law Reform the steps he will take to meet with their committee in the event that to regulate managing agents of apartment com- there is some new evidence which could form the plexes; and if he will make a statement on the basis of a productive discussion. matter. [9510/06] Social Welfare Benefits. Minister for Justice, Equality and Law Reform (Mr. McDowell): In July 2004, I commissioned 68. Mr. Penrose asked the Ta´naiste and Mini- the auctioneering-estate agency review group to ster for Health and Children the amount of child examine the licensing and regulatory require- care supplement which will be payable in the case ments for property practitioners going forward. of a child who is six years of age in the middle of May 2006; and if she will make a statement on I initiated the review against a background of a the matter. [9871/06] considerable level of public concern about spec- ific selling practices in the property industry, Minister of State at the Department of Health apparent deficiencies in regulatory and supervis- and Children (Mr. B. Lenihan): The payment to ory arrangements in respect of service providers which the Deputy has referred will be made by and the need to take account of new forms of the office of the Minister of the State responsible property services. The review group comprised for children, and will be administered by the representatives of the auctioneering profession, Department of Social and Family Affairs on an consumers, the Competition Authority, the Law agency basis. Discussions between the office of Society, the farming sector, the co-operatives sec- the Minister of the State responsible for children tor and Departments. and that Department on the operational details I published the resulting report in October of the payment are in progress. 2005 and, at the same time, I announced that the The payments will be to the value of \1,000 per Government had approved one of its key recom- year and will payable on a quarterly basis to all mendations, the establishment of the national parents of children aged under six. The payment property services regulatory authority. A further will be effective from 1 April 2006, payable in key recommendation is that the new authority arrears at the end of the relevant quarter, and it should assume responsibility for the licensing and is hoped that the first payments will be made in regulation of all trading entities providing auc- August 2006. The payment will generally be tioneering, estate agency, property letting and made automatically, without the need for appli- property management services. cation. In the case of an eligible child who reaches Property management agencies are not cur- the age of six years old in the middle of May 2006, rently regulated. The report recommends a spec- such a child would be eligible for one quarterly ific class of licence for these agencies, that they payment of \250. Full details regarding the oper- contribute to an approved fidelity fund to protect ation of the payment will be announced well in client moneys and that they are made subject to advance of the first payments being made. oversight by the authority and to its vetting and complaints procedures. Health Services. The formal establishment of the new authority will have to await the enactment of the necessary 69. Mr. Ring asked the Ta´naiste and Minister legislation, which is in preparation at present. for Health and Children when a position (details 939 Questions— 9 March 2006. Written Answers 940

[Mr. Ring.] health and personal social services, which are the supplied) in County Mayo will be advertised; responsibility of the Health Service Executive when this position will be filled; and the stage this under the Health Act 2004. Accordingly, the process is currently at. [9807/06] Department has requested the parliamentary affairs division of the executive to arrange to have Ta´naiste and Minister for Health and Children this matter investigated and to have a reply issued (Ms Harney): The Deputy’s question relates to directly to the Deputy. the management and delivery of health and per- sonal social services, which are the responsibility 73. Mr. Ring asked the Ta´naiste and Minister of the Health Service Executive under the Health for Health and Children the reason a full and Act 2004. Accordingly, my Department has comprehensive reply has not been received fol- requested the parliamentary affairs division of lowing Question No. 184 of 15 February 2006 the executive to arrange to have this matter inves- (details supplied). [9824/06] tigated and to have a reply issued directly to the Deputy. Ta´naiste and Minister for Health and Children (Ms Harney): The Deputy’s question relates to 70. Mr. P. Breen asked the Ta´naiste and Mini- the management and delivery of health and per- ster for Health and Children, further to Question sonal social services, which are the responsibility No. 242 of 14 February 2006, when a person of the Health Service Executive under the Health (details supplied) in County Clare will be called Act 2004. The parliamentary affairs division of for orthodontic treatment; and if she will make a the executive has informed me that a response statement on the matter. [9808/06] issued to the Deputy on 1 March 2006 in respect of one of the cases identified. My Department has Ta´naiste and Minister for Health and Children asked the parliamentary affairs division to inves- (Ms Harney): The Deputy’s question relates to tigate the second case and to reply directly to the management and delivery of health and per- the Deputy. sonal social services, which are the responsibility of the Health Service Executive under the Health Hospital Services. Act 2004. Accordingly, my Department has requested the parliamentary affairs division of 74. Mr. Wall asked the Ta´naiste and Minister the executive to arrange to have this matter inves- for Health and Children if a person (details tigated and to have a reply issued directly to the supplied) in County Kildare can receive an earlier Deputy date for an MRI scan; and if she will make a statement on the matter. [9825/06] 71. Mr. P. Breen asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children, further to Question (Ms Harney): The Deputy’s question relates to No. 232 of 7 February 2006, the reason a person the management and delivery of health and per- (details supplied) in County Clare has been sonal social services, which are the responsibility refused dental treatment; and if she will make a of the Health Service Executive under the Health statement on the matter. [9817/06] 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 Act 2004. Accordingly, my Department has Health Services. requested the parliamentary affairs division of 75. Dr. Cowley asked the Ta´naiste and Minister the executive to arrange to have this matter inves- for Health and Children if her Department tigated and to have a reply issued directly to the intends investing to a greater extent in cardio- Deputy. vascular health services following research which found Ireland to spend the second lowest pro- 72. Mr. Kehoe asked the Ta´naiste and Minister portion of its health care budget on heart and cir- for Health and Children the status of the appli- culatory diseases in the enlarged EU; and if she cation for an aid to assist a person (details will make a statement on the matter. [9836/06] supplied) in County Wexford; when he can expect it to be fitted; and if she will make a statement Minister of State at the Department of Health on the matter. [9821/06] and Children (Mr. S. Power): The study to which the question refers is the Economic burden of Minister of State at the Department of Health cardiovascular diseases in the enlarged EU by J. and Children (Mr. S. Power): The Deputy’s ques- Leal, R. Luengo-Ferna´ndez, A. Gray, S. Petersen tion relates to the management and delivery of and M. Rayner, published in the European Heart 941 Questions— 9 March 2006. Written Answers 942

Journal, doi:10.1093/eurheartj/ehi733. I under- Department, proposes to commence a review of stand that the authors set out to provide an esti- the cardiovascular health strategy very shortly. mate of the economic costs of cardiovascular dis- The outcome of this review will inform future ease for EU countries. Data were obtained from policy in this area. published studies of health care costs and health service utilisation. It appears that all costs for Alcohol Labelling. health care in Ireland were extrapolated from ´ costs in other countries. It is unclear how some of 76. Caoimhghı´nOCaola´in asked the Ta´naiste costs were estimated, for example, annual loss of and Minister for Health and Children, further to earnings or the cost for a day’s inpatient care. The the recommendation referred to in Question No. data on costs and resource implications were used 268 of 31 January 2006, that a group, representa- to estimate the costs of cardiovascular disease. tive of all stakeholders, be established to consider Given that the authors may have underesti- what useful information could be included on mated the true costs in Ireland, there are question non-draft alcohol products, taking account of marks about the accuracy of the overall findings international evidence, if she will confirm the as they relate to this country. It is also possible stage this process is currently at; if the foetal that the authors did not include the costs of alcohol spectrum disorders lobbying sector has services provided in the private sector. been or will be represented as stakeholders; and There has been rapid expansion in cardiology the name of the report referred to in her reply to services in Ireland in recent years. The cardio- the question. [9838/06] vascular health strategy, Building Healthier ´ Hearts, was launched in 1999. The report makes 79. Caoimhghı´nOCaola´in asked the Ta´naiste recommendations about the prevention, treat- and Minister for Health and Children if, in view ment and surveillance of coronary heart disease of previous policy statements during the launch across a number of sectors and the full range of of the strategic task force on alcohol in health service activities, in health promotion, September 2004, the issues of alcohol and preg- primary care, pre-hospital care, acute hospital nancy and lifelong foetal alcohol spectrum dis- services and cardiac rehabilitation. Since 2000 the orders have been included in both the high risk Government has committed over \60 million and under-age drinking areas of interest in the towards the implementation of the strategy. This three-category remit for the consideration of the funding has supported a wide range of new working group on alcohol. [9841/06] regional services and initiatives, which have had a measurable impact on the diagnosis, and treat- Minister of State at the Department of Health ment of patients with heart disease. More than and Children (Mr. S. Power): I propose to take 800 new posts have been created, including 19 Questions Nos. 76 and 79 together. additional consultant cardiology posts. The terms of reference of the working group We have made progress in addressing the key on alcohol established under the special initiative challenges in the implementation of the cardio- of Sustaining Progress are as follows. The work- vascular health strategy in relation to, first, ing group will develop a programme of action improving population health by supporting inter- taking account in particular of the work of the sectoral work for health promotion, to reduce risk strategic taskforce on alcohol. It will also seek to of cardiovascular disease and improve quality of identify potential synergies between the life, second, ensuring equitable access to services responses to alcohol and drug misuse, taking by continued provision of resources and support account of the outcome of the mid-term review to fully implement outstanding cardiovascular of the national drugs strategy. health strategy recommendations to meet the In the first phase, the working group will seek needs of the growing numbers of older people to agree a programme of actions which can and to provide new treatments for which there is deliver targeted results on under-age drinking, evidence of effectiveness and, third, improving binge drinking and drink driving. This should the quality of services by developing and imple- include specific targets, timeframes, resources menting practice guidelines, the implementation and allocation of responsibilities. In this regard, of cardiovascular health information systems, the working group will examine the potential for support for clinical audit and for research to the social partners to commit to specific actions enhance the quality of services. as part of the overall approach. The working It appears that the study may not reflect the group will make a progress report to the steering current level of expenditure and service pro- group of Sustaining Progress by October 2005. It vision. The study is useful however in drawing to will also make proposals on its future work our attention the high costs of cardiovascular dis- agenda. ease both in Ireland and at European level, not Taking account of its terms of reference, the just the costs of health care but also the costs to group agreed to consider the three areas of high the economy and to families and carers. The risk drinking, under-age drinking and drink driv- Health Service Executive, in conjunction with my ing. The group reported at the end of 2005 and 943 Questions— 9 March 2006. Written Answers 944

[Mr. S. Power.] Elaine Kelly, Department of the Taoiseach. Mr. the issue of foetal alcohol spectrum disorders was Michael Patten is director of corporate affairs at not specifically considered. However, it is Diageo Ireland and Ms Rosemary Garth is direc- expected that the group to consider the issue of tor of drinks, Food and Drinks Industry Ireland. labelling, referred to in Question No. 268 of 31 The group concentrated, in accordance with January 2006, will be established this year and the terms of reference, on the potential for effec- that all relevant stakeholders will be given an tively mobilising State, social partner and other opportunity to contribute to the process. organisations around a programme of actions which would contribute to a reduction in alcohol 77. Caoimhghı´nO´ Caola´in asked the Ta´naiste related problems. The group stated that its report and Minister for Health and Children the mem- “complements the work of the strategic task force bership of the steering committee of the working on alcohol” and “must be viewed as building on group on alcohol and the number and proportion the reports of the STFA and not as a replacement of whom have a vested interest or background in to them”. the drinks production or service industry. [9839/06] Question No. 79 answered with Question No. 76. 78. Caoimhghı´nO´ Caola´in asked the Ta´naiste and Minister for Health and Children if it is her Health Services. intention that the working group on alcohol will 80. Ms O. Mitchell asked the Ta´naiste and replace the strategic task force on alcohol or that, Minister for Health and Children the steps she acting on the recommendations of the second will take to ensure that a school (details supplied) report of the strategic task force on alcohol, that is not forced to close due to the withdrawal by the working group on alcohol should offer sup- the Health Service Executive of child centred plementary advice at a more hands-on level in subventions for occupational therapists and each sector. [9840/06] speech and language services. [9842/06] Minister of State at the Department of Health and Children (Mr. S. Power): I propose to take Minister of State at the Department of Health Questions Nos. 77 and 78 together. and Children (Mr. T. O’Malley): The Deputy’s question relates to the management and delivery The working group on alcohol was established of health and personal social services, which are under the special initiative on tackling alcohol the responsibility of the Health Service Executive and drug misuse in Sustaining Progress to help under the Health Act 2004. Accordingly, my mobilise the stakeholders through social partner- Department has requested the parliamentary ship to achieve a targeted and measurable affairs division of the executive to arrange to have reduction in alcohol misuse. While the original this matter investigated and to have a reply issued membership of the working group was as follows, directly to the Deputy. some changes in the Department of Health and Children’s representation will be necessary fol- lowing the restructuring of the Department, for Hospital Services. any future work programme: Mr. Peter Cassells, 81. Mr. Allen asked the Ta´naiste and Minister chair; Mr. Chris Fitzgerald, Department of for Health and Children if she will investigate a Health and Children; Mr. John Weafer, Depart- situation whereby a person (details supplied) in ment of Transport; Mr. Declan Hayes, Depart- County Cork has failed to get a date for an out- ment of Transport; Ms Carmel Madden, national patient appointment with a surgeon. [9850/06] drugs strategy team; chief superintendent Gerry Blake, the Garda Sı´ocha´na; sergeant Orla Black, Ta´naiste and Minister for Health and Children the Garda Sı´ocha´na; Dr. Ann Hope, national (Ms Harney): The Deputy’s question relates to alcohol policy adviser, Department of Health and the management and delivery of health and per- Children; Ms Tracy O’Keeffe, Department of sonal social services, which are the responsibility Justice, Equality and Law Reform; Dr. Declan of the Health Service Executive under the Health Bedford, Health Service Executive; Mr. Sea´n Act 2004. Accordingly, my Department has Mackell, Irish Congress of Trade Unions; Dr. Joe requested the parliamentary affairs division of Barry, Irish Congress of Trade Unions; Ms Rose- the executive to arrange to have this matter inves- mary Garth, IBEC; Mr. Michael Patten, IBEC; tigated and to have a reply issued directly to the Mr. Michael Conroy, Department of Community, Deputy. Rural and Gaeltacht Affairs; Mr. John Moloney, Department of Education and Science; Mr. Colm Organ Donation. Markey, Macra na Feirme; Ms Mary Cun- ningham, National Youth Council of Ireland; Ms 82. Mr. Stanton asked the Ta´naiste and Mini- Norah Gibbons, Children’s Rights Alliance; Mr. ster for Health and Children her plans to alter, John Shaw, Department of the Taoiseach; and Ms amend or introduce legislation in relation to 945 Questions— 9 March 2006. Written Answers 946 organ donation and transplantation; and if she for the increased home care packages, or if they will make a statement on the matter. [9856/06] will be introduced out of the existing human resources in each health area; the number of Ta´naiste and Minister for Health and Children additional staff that are needed in each health (Ms Harney): The annual organ donor awareness area to introduce the proposed home care pack- campaign, which is organised by the Irish donor ages; and if she will make a statement on the network and administered by the Irish Kidney matter. [9864/06] Association, highlights the necessity for organ donation generally. The campaign, which is sup- Minister of State at the Department of Health ported by my Department, highlights the need for and Children (Mr. S. Power): The Deputy’s ques- organ donors by promoting the carrying of an tion relates to the management and delivery of organ donor card. health and personal social services, which are the My Department has been providing financial responsibility of the Health Service Executive support to the donor awareness campaign for a under the Health Act 2004. Accordingly, my number of years. The grant in 2005 amounted to Department has requested the parliamentary \500,000. affairs division of the executive to arrange to have There are two systems that can be used to this matter investigated and to have a reply issued ascertain an individual’s wishes on organ directly to the Deputy. donation: the opt-in system and the opt-out system. The former system, which operates in this 84. Mr. Kenny asked the Ta´naiste and Minister country, requires that the specific consent to for Health and Children if, in view of the fact that donation of each person, or their relatives, be community care managers of each health area are obtained before organs or tissues are removed. given statistics regarding home help service hours The opt-out system presumes that all citizens con- delivered, the numbers of people in receipt of sent to donation unless they have specifically home help and the number of new recipients of expressed a wish to the contrary. home help each quarter, she will provide the The practice in this country is that, even when statistics in relation to same for a full year, for a person has indicated his or her willingness to each of the years 2005, 2004, 2003 and 2002; and donate organs by way of carrying an organ donor if she will make a statement on the matter. card, or a driving licence marked accordingly, the [9865/06] consent of the next-of-kin is always sought. Even where opt-out systems are in operation, Minister of State at the Department of Health relatives of the deceased are approached as part and Children (Mr. S. Power): The Deputy’s ques- of the donor screening process to seek a medical tion relates to the management and delivery of history of any high-risk behaviour. Thus, relatives health and personal social services, which are the will always be aware that a donation is being con- responsibility of the Health Service Executive sidered and can register an objection to the under the Health Act 2004. Accordingly, my donation. Department has requested the parliamentary The European Commission is currently con- affairs division of the executive to arrange to have sidering the question of a directive in respect of this matter investigated and to have a reply issued organ transplantation, including the issue of con- directly to the Deputy. sent, and proposes to conduct a thorough scien- tific evaluation of the situation. It will present a 85. Mr. Aylward asked the Ta´naiste and Mini- report on its analysis to the Council of the Euro- ster for Health and Children the progress to date pean Union and it is expected that this report will on the provision of a primary care service inform decisions regarding the development of a development at Callan in County Kilkenny; and legislative framework in this area. if she will make a statement on the matter. In the context of increasing the number of [9867/06] donor organs available for transplant, the Health Service Executive was asked by the Department Ta´naiste and Minister for Health and Children to undertake a review and analysis of the factors (Ms Harney): The Deputy’s question relates to that impact on organ procurement and retrieval the management and delivery of health and per- rates in hospitals around the country. This review sonal social services, which are the responsibility has commenced. of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of Health Services. the executive to arrange to have this matter inves- 83. Mr. Kenny asked the Ta´naiste and Minister tigated and to have a reply issued directly to the for Health and Children the way in which she Deputy. intends putting the new home care packages into place; if the home care packages will result in an 86. Mr. O’Dowd asked the Ta´naiste and Mini- increase in whole time equivalent staff to allow ster for Health and Children the reason respite 947 Questions— 9 March 2006. Written Answers 948

[Mr. O’Dowd.] raise public awareness regarding drug abuse; and care is not provided in the Cottage Hospital, if she will make a statement on the matter. Drogheda to residents of east Meath; the areas in [9900/06] which this respite will be provided; and if she will make a statement on the matter. [9879/06] 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 tion relates to the management and delivery of includes the development and implementation of health and personal social services, which are the drug awareness initiatives and campaigns. These responsibility of the Health Service Executive are now the responsibility of the Health Service under the Health Act 2004. Accordingly, my Executive which was established under the Department has requested the parliamentary Health Act 2004. Accordingly, my Department affairs division of the executive to arrange to have has requested the parliamentary affairs division this matter investigated and to have a reply issued of the executive to arrange to have this matter directly to the Deputy. investigated and to have a reply issued directly to the Deputy. 87. Mr. McGuinness asked the Ta´naiste and Minister for Health and Children if care attend- Hospital Services. ant hours will be approved in the case of persons (details supplied) in County Kilkenny; and if a 90. Mr. McGuinness asked the Ta´naiste and response will be expedited. [9898/06] Minister for Health and Children if persons requiring renal dialysis care will be referred to a Minister of State at the Department of Health clinic (details supplied) in County Kilkenny if it and Children (Mr. S. Power): The Deputy’s ques- is convenient to them rather than Waterford and tion relates to the management and delivery of elsewhere; if a contract has been agreed between health and personal social services, which are the the Health Service Executive and the company; responsibility of the Health Service Executive and if she will make a statement on the under the Health Act 2004. Accordingly, my matter. [9901/06] Department has requested the parliamentary affairs division of the executive to arrange to have Ta´naiste and Minister for Health and Children this matter investigated and to have a reply issued (Ms Harney): The Deputy’s question relates to directly to the Deputy. the management and delivery of health and per- sonal social services, which are the responsibility of the Health Service Executive under the Health Hospitals Building Programme. Act 2004. Accordingly, my Department has 88. Mr. McGuinness asked the Ta´naiste and requested the parliamentary affairs division of Minister for Health and Children when approval the executive to have a reply issued directly to will be given for phase two of a project at St. Can- the Deputy. ice’s Hospital, Kilkenny for the provision of much needed elderly care beds; if the submission for Nursing Home Records. funding to her Department of \2.6 million will be approved and permission to proceed granted; and 91. Mr. Stanton asked the Ta´naiste and Mini- if she will make a statement on the matter. ster for Health and Children if it is acceptable to [9899/06] her Department and to all Health Service Execu- tive inspection teams that inspect private nursing Minister of State at the Department of Health homes that patient and other records in these and Children (Mr. S. Power): The Deputy’s ques- homes are maintained as electronic based record tion relates to the management and delivery of systems; if she has or intends to issue advice or health and personal social services, which are the directives in this regard; and if she will make a responsibility of the Health Service Executive statement on the matter. [9913/06] under the Health Act 2004. Accordingly, the Department has requested the parliamentary Minister of State at the Department of Health affairs division of the executive to arrange to have and Children (Mr. S. Power): The Deputy may this matter investigated and to have a reply issued wish to know that under the Nursing Homes directly to the Deputy. (Care and Welfare) Regulations, 1993 it is the obligation of nursing homes to keep a register and record of each resident in that home. It is the National Drugs Strategy. duty of each home to ensure that records are kept 89. Mr. McGuinness asked the Ta´naiste and in a safe place and also that the registered pro- Minister for Health and Children the funding prietor and the person in charge ensures that all available in the south east to clubs or organis- records pertaining to a dependent person are ations who wish to host events for teenagers to treated with confidentiality, subject to the 949 Questions— 9 March 2006. Written Answers 950 requirements of Article 23.2 of the regulations. In the executive to arrange to have this matter inves- relation to what is acceptable to HSE inspection tigated and to have a reply issued directly to the teams, the Deputy’s question has been referred Deputy. to the HSE for direct reply. There are no plans at this time to issue advice or directives in this 95. Mr. Durkan asked the Ta´naiste and Mini- matter. ster for Health and Children if entitlement to full medical card will be reviewed in the case of a Official Engagements. person (details supplied) in Dublin 1; and if she 92. Mr. Kehoe asked the Ta´naiste and Minister will make a statement on the matter. [9967/06] for Health and Children if she will be travelling abroad for the St. Patrick’s Day festivities; and if Ta´naiste and Minister for Health and Children so, the location she will be visiting; the functions (Ms Harney): The Deputy’s question relates to she will be attending; and the groups she will the management and delivery of health and per- meet with. [9930/06] sonal social services, which are the responsibility of the Health Service Executive under the Health Ta´naiste and Minister for Health and Children Act 2004. Accordingly, my Department has (Ms Harney): I will be travelling to both Bahrain requested the parliamentary affairs division of and South Africa as part of my official St. the executive to arrange to have this matter inves- Patrick’s Day functions. I welcome the oppor- tigated and to have a reply issued directly to the tunity to promote Ireland in Bahrain and South Deputy. Africa. My programme includes attendance at an overseas meeting of the Royal College of Sur- Hospital Accommodation. geons of Ireland, laying of the foundation stone 96. Ms C. Murphy asked the Ta´naiste and Mini- for the Medical Oasis of Bahrain and visits to var- ster for Health and Children if she will review the ious medical facilities and attendance at Irish demographics of west Dublin and north Kildare community events. A more detailed Government regarding the number of hospital beds available press release will be issued shortly. to the population; and if she will make a state- ment on the matter. [9969/06] Health Services. 93. Mr. Stanton asked the Ta´naiste and Mini- Ta´naiste and Minister for Health and Children ster for Health and Children how means are cal- (Ms Harney): The Deputy’s question relates to culated when assessing eligibility for home help the management and delivery of health and per- services; and if she will make a statement on the sonal social services, which are the responsibility matter. [9946/06] of the Health Service Executive under the Health Act 2004. Accordingly, my Department has Minister of State at the Department of Health requested the parliamentary affairs division of and Children (Mr. S. Power): The Deputy’s ques- the executive to arrange to have this matter inves- tion relates to the management and delivery of tigated and to have a reply issued directly to the health and personal social services, which are the Deputy. responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary Child Care Services. affairs division of the executive to arrange to have 97. Mr. Durkan asked the Ta´naiste and Mini- this matter investigated and to have a reply issued ster for Health and Children if a dedicated directly to the Deputy. section exists in her Department to cater for chil- dren deemed to be at risk due to being under Medical Cards. the undesirable influence of non-family persons, 94. Mr. Durkan asked the Ta´naiste and Mini- being involved in petty crime, and refusing to ster for Health and Children if a medical card can accept parental control as in the case of persons be issued on emergency grounds in the case of a (details supplied) in County Kildare; the action person (details supplied) in County Dublin; and proposed or intended; and if she will make a if she will make a statement on the matter. statement on the matter. [10004/06] [9966/06] Minister of State at the Department of Health Ta´naiste and Minister for Health and Children and Children (Mr. B. Lenihan): The Deputy’s (Ms Harney): The Deputy’s question relates to question relates to the management and delivery the management and delivery of health and per- of health and personal social services, which are sonal social services, which are the responsibility the responsibility of the Health Service Executive of the Health Service Executive under the Health under the Health Act 2004. Accordingly, my Act 2004. Accordingly, my Department has Department has requested the parliamentary requested the parliamentary affairs division of affairs division of the executive to arrange to have 951 Questions— 9 March 2006. Written Answers 952

[Mr. B. Lenihan.] Garda barracks at a location (details supplied) in this matter investigated and to have a reply issued County Cork. [9815/06] directly to the Deputy. Minister of State at the Department of Finance (Mr. Parlon): The Commissioners of Public Health Insurance. Works have identified a suitable site adjoining 98. Mr. Aylward asked the Ta´naiste and Mini- the existing Garda station in Ballincollig which ster for Health and Children if her Department would facilitate the development of a new will instruct the VHI to sanction the cost of MRI enlarged Garda station. An architectural assess- and CAT scan examinations on patients referred ment has now been completed on the adjoining by general practitioners to radiology units site. A final decision in relation to acquisition will directly and not to have the cost cover only avail- be made shortly in consultation with the Depart- able for patients referred by consultants as is the ment of Justice, Equality and Law Reform and present position; and if she will make a statement the Garda authorities. on the matter. [10005/06] Industrial Development. 100. Mr. Kenny asked the Minister for Finance Ta´naiste and Minister for Health and Children the amount of funding allocated to the Border, (Ms Harney): Under the Voluntary Health midlands and western region and the south and Insurance Acts, the day to day operation of eastern region under the national development health insurance contracts offered by VHI plan; the amount spent in each region to date; Healthcare are, firstly, a matter for the company. and if he will make a statement on the matter. Therefore, as Minister for Health and Children, I [9812/06] do not have any statutory or administrative role in such operations, when such contracts comply Minister for Finance (Mr. Cowen): Table 1 out- with the provisions of the Health Insurance Acts lines the profiled expenditure allocated and the and related regulations. latest expenditure data reported to the oper- Following inquiries, VHI Healthcare has indi- ational programme monitoring committees for cated to me that it pays out over \10 million per each operational programme under the NDP for year for MRI scans. It is the largest private the Border, midlands and western region. Pro- healthcare benefit provider for this technology in filed expenditure relates to the period January Ireland. The matter of insurance cover for MRI 2000 to December 2006. Expenditure data relate scans is currently being reviewed by VHI. The to the period January 2000 to end June 2005. issue of referral for MRI scans is being included Therefore, when analysing the results, the as part of this review. Deputy should be aware that five and half years of expenditure data are being compared with seven years of profiled data. Expenditure data to Garda Stations. the end of December 2005 will become available 99. Mr. J. O’Keeffe asked the Minister for Fin- in April prior to the spring meetings of the moni- ance the situation regarding a proposed new toring committees.

Table 1 — Total profiled and estimated expenditure in BMW region

Border, Midlands and Western Region

Operational Programme Profile Jan 2000- Expenditure Jan Expenditure to end June Dec 2006 2000-end June 2005 as % of Profile for 2005 Jan 2000-Dec 2006

\m \m%

Economic and Social Infrastructure 7,000 4,514 64 Employment and Human Resources Development 4,275 3,156 73 Productive Sector 2,709 692 25 Border, Midlands and Western Regional 4,094 1,946 47 PEACE II and Technical Assistance 147 86 59

Total Expenditure 18,225 10,390 57

Profiles and expenditure data includes all NDP Table 2 sets out the position in respect of the sources of funding: Exchequer, EU and private. southern and eastern region. 953 Questions— 9 March 2006. Written Answers 954

Table 2 — Total profiled and estimated expenditure in southern and eastern region

Southern and eastern region

Operational programme Profile Jan 2000- Expenditure Jan Expenditure to end June Dec 2006 2000-end June 2005 as % of profile for 2005 Jan 2000-Dec 2006

\ million \ million %

Economic and social infrastructure 19,020 15,882 83 Employment and human resources development 9,924 7,788 78 Productive sector 4,631 2,041 44 Southern and eastern regional 5,378 2,967 55 Technical assistance 7 6 85

Total expenditure 38,961 28,684 73

Profiles and Expenditure data includes all NDP Resources intended to launch several innovative sources of funding: Exchequer, EU and private. grant schemes relating to domestic renewable With respect to the eventual outturn for the heat grants. I understand that his Department, in NDP, I expect the end-2006 position for the key conjunction with Sustainable Energy Ireland, is economic and social Infrastructure OP and developing the necessary detailed measures to employment and human resources development roll out the new programme and that these will OP to be close to or above targets for both be announced shortly. regions. The position for the PEACE and techni- cal assistance OPs will be close to their target lev- 102. Mr. Perry asked the Minister for Finance els of expenditure for both regions at the end of if a person, details supplied, in County Sligo will 2006. The regional programmes and the pro- qualify for the owner-occupier relief in the rural ductive sector OP are unlikely to achieve their renewal scheme; and if he will make a statement end 2006 targets, particularly for those measures on the matter. [9855/06] that are not co-funded by the Structural Funds. The Deputy should note that expenditure on the Minister for Finance (Mr. Cowen): Iam EU co-financed measures under the operational advised by the Revenue Commissioners that the programmes will continue until the end of 2008 person concerned does not meet the qualifying and will need to be considered in determining conditions for owner-occupier relief in the rural progress. renewal scheme. To obtain owner-occupier relief, a person must satisfy the condition that the Tax Code. expenditure on which relief is claimed must relate 101. Mr. Kehoe asked the Minister for Finance to a house situated within the “qualifying rural the tax reliefs or incentives which are available to area” as defined in section 372L(1)(a) of the persons wishing to install environmentally Taxes Consolidation Act 1997. The qualifying friendly systems when building a new home; his rural area is described in schedule 8A of the plans to offer more incentives to people willing Taxes Consolidation Act 1997 and Part 5 of to invest in these systems; and if he will make a schedule 8A lists the qualifying district electoral statement on the matter. [9822/06] divisions in County Sligo. Sligo County Council has confirmed to the Minister for Finance (Mr. Cowen): A wide Revenue Commissioners that the address given range of reliefs and incentives are available by the person concerned does not fall within any through the tax system to support the construc- of the qualifying district electoral divisions listed tion of new houses and apartments. These include in schedule 8A of the Taxes Consolidation Act stamp duty reliefs for first time buyers and mort- 1997. Accordingly, on the basis of the details sup- gage interest relief, as well as the reliefs available plied, the applicant does not qualify for owner- to investors or owner occupiers under the prop- occupier relief under the rural renewal scheme. erty-based incentive schemes. Any additional construction costs associated with the installation 103. Mr. Perry asked the Minister for Finance of environmentally friendly systems when build- if persons, details supplied, will have to pay stamp ing a new home would, of course, be reflected in duty on a second hand house; and if he will make the value of the reliefs to the taxpayers con- a statement on the matter. [9858/06] cerned. However, I have no plans to introduce specific tax reliefs in respect of such systems. Minister for Finance (Mr. Cowen): The rate of In budget 2006, I announced that the Minister stamp duty on residential property is dependent for Communications, Marine and Natural on the status of the buyer — first-time buyer or 955 Questions— 9 March 2006. Written Answers 956

[Mr. Cowen.] on the original account, provided he or she owner occupier — and whether the property is obtains this letter of closure each time the new or second-hand. Stamp duty is chargeable on account is closed. The second and subsequent the purchase of residential properties greater bank or card issuer will issue a letter of closure than or equal to \12,7001. There are exemptions once it has proof that the duty has been paid on available for first-time buyers and owner the first account. If he or she remains concerned occupiers. about his or her treatment, the person concerned First-time buyers can purchase second-hand could contact the Financial Services Ombudsman properties up to \317,500 without a liability to or the Financial Regulator. stamp duty. Reduced rates are available after \317,500. Leaflet SD10A, which is available on Job Creation. www.revenue.ie, outlines the various rates applic- 105. Dr. Cowley asked the Minister for Finance able and other information which may be of if he will elaborate on his recent reply to Ques- assistance. tion No. 110 of 28 February 2006 where he stated All owner occupiers, including first-time buy- that the Government has found it difficult to ers, can purchase a new home between 38 sq m attract new job opportunities to Ballina, County and 125 sq m, where a floor area compliance cer- Mayo; his views on whether the Government is tificate has been obtained, without a liability to finding it difficult due to its failings in commit- stamp duty. Where a new house is over 125 sq m, ment to the west of Ireland and that the infra- stamp duty is charged on either the value of the structure and technology are not in place to site or 25% of the value of the property, which- attract jobs to this area; and if the Border, mid- ever is the greater. Any question as to whether lands and western region underspend was any reliefs apply will be a matter of fact based on addressed and rectified that this difficulty he the circumstances of the purchaser. speaks about would not exist; and if he will make a statement on the matter. [9868/06] 104. Mr. Ring asked the Minister for Finance the redress a person has in view of the fact that Minister for Finance (Mr. Cowen): I would they paid stamp duty on their credit card, twice refer the Deputy to replies he received to pre- in one year and their bank has refused to issue vious questions on this matter. In particular, I them with a refund. [9863/06] would draw his attention to Questions Nos. 354 and 355 dated 2 November 2005, Question No. Minister for Finance (Mr. Cowen): A person 147 on 7 February 2006, together with my reply who holds a credit card account with a credit card to Question No. 110 of 28 February 2006. provider pays stamp duty on that credit card The role of my Department is to assist in account once for each 12-month period ending on achieving the Government’s priorities, including 1 April each year. Where a person cancels a cre- those priorities designed to address the issue of dit card account within a 12-month period, he or job creation in areas such as north Mayo. As indi- she pays the charge at the time of cancellation. cated in my previous reply, progress is being This means that, in respect of any credit card made in prioritising expenditure under the account, an individual will only pay once for the national development plan in the BMW region year ending on the following 1 April. Where the and the indications are that the underspend on a individual closes a credit card after 1 April in any number of key infrastructure measures under year, a stamp duty charge of \40 will arise as the both the economic and social infrastructure OP account has been maintained by the financial and the BMW regional OP is being addressed. institution during the year ending on the follow- There is evidence to suggest that good progress ing 1 April. This is consistent with applying a is being made in achieving the objectives of the stamp duty charge for a year or part of a year for current NDP in the west region. Data published which the credit card account is held. by the CSO suggest that the levels of total income Section 128 of the Finance Act 2005 contained per person in the west region grew from \14,420 measures to eliminate a double stamp duty to \18,487 between years 1999 and 2002 or 89.1% charge for the same year on the switching of fin- to 90.3% of the State level for those years. With ancial cards. If an individual switches accounts respect to employment, growth in the number at after 2 April 2005, he or she will pay the stamp work in the west region to the fourth quarter of duty to old bank or card issuer on closing the 2005 is strong, with an increase of some 33,600 account. This will be requested in the final state- since the fourth quarter of 1999. The rate of ment. The old bank or card issuer will then issue unemployment in the region has fallen from 4.6% the individual with a letter of closure. This letter to 4.3% over the same period. will confirm that the stamp duty has been paid The Minister for Enterprise, Trade and for the period in question. This should be Employment, Deputy Martin, has already out- presented to the new bank or card issuer to lined the Government’s commitment to support- ensure that a further charge is not made. An indi- ing job creation in north Mayo. A significant vidual may switch his or her account as often as number of infrastructural projects are currently he or she likes and will still only be charged tax being developed or are planned for County Mayo 957 Questions— 9 March 2006. Written Answers 958 and north Mayo in particular. These include plans Australia is an increasingly important market by the IDA to acquire land in Ballina for the for the Irish tourism sector. In 2005, an estimated development of a high quality business and tech- 150,000 Australian visitors came to Ireland. It is nology park. only right that we make every effort to further increase the number of Australian visitors to Tax Code. Ireland and this is a useful opportunity to market Ireland as a tourist destination, as well as enhanc- 106. Mr. G. Murphy asked the Minister for Fin- ing the attractiveness of Ireland as a market for ance if there are special exemptions from paying inward investment across a range of sectors. stamp duty on purchasing a second-hand house During my official visit to the three locations, for a person who has been recently widowed and I will attend a number of business lunches organ- who previously jointly owned a house with their ised by the IDA, Enterprise Ireland, and Tourism late spouse but they did not own a house at the Ireland where I will meet, among others, senior time of their death; and if he will make a state- executives from Australian financial services ment on the matter. [9875/06] companies that have established operations in Ireland. Minister for Finance (Mr. Cowen): I have been I will focus on promoting Ireland as a “know- informed by the Revenue Commissioners that ledge economy”. Ideas and knowledge have there are no special exemptions from stamp duty transformed Irish business and industry. Our con- in respect of the purchase of a second-hand house tinued economic development is dependent on in the circumstances outlined by the Deputy. In further enhancing our position in the globally the case of the purchase of a second-hand house competitive market for knowledge-driven invest- by a first time purchaser, there is an exempt ment and innovation. Our success in this area is threshold of \317,500 and reduced rates up to already evidenced by the growing international \635,000. A person who previously, either indi- profile of top level Irish scientists and entre- vidually or jointly, purchased or received a gift of preneurs and my St. Patrick’s Day visit provides a house, or of any part of a house, would not be an invaluable opportunity to reinforce this mess- regarded as a first time purchaser. The fact that age. St Patrick’s Day is equally an important the house had been disposed of at the time of a occasion for enhancing our links with Irish com- subsequent purchase is not a factor in deciding munities abroad to express the Government’s whether the first time purchaser relief applies. I appreciation for the valuable work of Irish com- have no plans to alter this situation. However, as munity and friendship groups. I will also visit, the the Deputy may be aware, stamp duty does not Lansdowne Club in Sydney, the Queensland Irish arise on most new houses. Association, Maquarie University in Sydney, the City Authorities in Sydney, the Irish Consulate Official Engagements. in Sydney and the Irish Embassy in Canberra. In addition, I will be meeting separately with the 107. Mr. Kehoe asked the Minister for Finance Irish Australian Welfare Bureau and the Irish if he will be travelling abroad for the St. Patrick’s Parliamentary Friendship Group, which includes Day festivities; and if so, the location he will be the New South Wales Minister for Finance. I also visiting; the functions he will be attending; and hope to meet the Australian federal treasurer. the groups he will meet with. [9931/06] State Property. Minister for Finance (Mr. Cowen): I will be vis- iting Australia for St Patrick’s Day, visiting the 108. Mr. Boyle asked the Minister for Finance cities of Sydney, Canberra and Brisbane. The the plans the Office of Public Works has to sell Australian market is extremely important to the old coastguard station, Crosshaven, County Ireland due to its substantial industry and con- Cork. [9951/06] sumer base. In recent years, significant inroads have been made into the Australian market by Minister of State at the Department of Finance indigenous Irish software companies. Overall (Mr. Parlon): The Commissioners of Public trade figures have also increased, with exports Works have recently perfected title to the coast- guard cottages at Crosshaven. The Garda station from Ireland to Australia valued at over one and living quarters are part of the complex. Con- billion Australian dollars in 2005. tracts for the sale of a number of cottages have Australia’s exchanges with the Asian econom- been issued to existing tenants. The State’s ies have increased substantially in recent times requirement for accommodation in Crosshaven is and many Irish companies see the advantage of being examined. Any property surplus to State using Australia as a regional “trading post”. To requirements will be placed on the open market. enhance the Government’s Asia strategy across the wide range of functions I will be attending, I plan to maximise the unique promotional oppor- Tax Code. tunities offered by my visit to deal with issues of 109. Mr. N. O’Keeffe asked the Minister for mutual interest. Finance the reason for the delay in having a P21 959 Questions— 9 March 2006. Written Answers 960

[Mr. N. O’Keeffe.] energy technologies including wood pellet application form issued to a person, details sup- boilers, solar panels and geothermal heat pumps. plied, in County Cork who requires a P21 in My Department, in conjunction with Sus- respect of their daughter’s higher education grant tainable Energy Ireland, SEI, is developing the application. [9957/06] necessary detailed measures to rollout the new programme, which will be announced shortly. Minister for Finance (Mr. Cowen): The issue of a P21, balancing statement, is a matter for the Harbours and Piers. Revenue Commissioners. I have been informed by Revenue that it issued a P21 to the person 111. Mr. Timmins asked the Minister for concerned on 21 October 2005 in respect of the Communications, Marine and Natural Resources 2004 tax year. It received a further request for a the amount of funding allocated by his Depart- P21 for the same year on 13 February 2006 and a ment for marine projects including developing duplicate will shortly issue together with a form and renovation of piers, coastal protection works, P21 for the year 2005. marine development and other such devel- opments since 1997 to date; the projects and the individual funding allocated for each; and the Energy Resources. funding that has been committed and for what 110. Mr. Kehoe asked the Minister for projects. [9816/06] Communications, Marine and Natural Resources the tax reliefs or incentives which are available to Minister of State at the Department of persons wishing to install environmentally Communications, Marine and Natural Resources friendly systems when building a new home; his (Mr. Browne): The Department provides funding plans to offer more incentives to people willing for the development and renovation of harbours to invest in these systems; and if he will make a and piers through the fishery harbour develop- statement on the matter. [9823/06] ment programme and for coastal protection works through the coast protection programme. Minister for Communications, Marine and A list of all projects funded under these two prog- Natural Resources (Mr. Dempsey): The multi- rammes since 1997 is attached. annual financial package for renewables A list of projects approved so far under the announced in budget 2006 includes a grant-aid fishery harbour development programme for package for the domestic sector, which will 2006 is also attached. The coast protection prog- provide for individual grants to install renewable ramme for 2006 is being drawn up at present.

FISHERY HARBOUR EXPENDITURE 1997 TO 2005

Fishery Harbour Expenditure in 1997

Location Project Grant Paid

£’s

County Cork Courtmacsherry New Pier 101,250 Castletownbere Harbour works 205,911 Union Hall Completion of Decking 2,729.06 Ahakista Pier Extension 110,265.75 Roaring Water Bay New Pier & Slipway 105,579.75 Ardgroom New Pier & Slipway 90,000.00

County Kerry Dingle Safety Works 54,652.35 Dingle Accident 8,982.25 Cromane Harbour works 145.85

County Clare Liscannor Harbour works 79,141.00

County Galway Cleggan Harbour works 80,718.00 Rossaveel Harbour works 75,501.00 Crumpan Beacon 21,972.87 Ardmore New Deck 21,120.31 961 Questions— 9 March 2006. Written Answers 962

Location Project Grant Paid

£’s Bunowen Harbour works 22,809.02 Killary Harbour Needs Study 2,202.20

County Mayo Darby’s Point Completion of Pier Extension 12,767.74 Ballyglass Harbour works 16,875.00

County Dublin Howth FHC Harbour works 85,210.00

County Wexford Kilmore Quay Dredging of New Quay 116,407.48

County Waterford Dunmore East Harbour works 237,166.00

County Donegal Killybegs Harbour works 392,788.00 Burtonport Fendering 150,000.00 Burtonport Site Investigation 41,987.00 Rathmullen Safety Works/Railing 846.65 Greencastle 106,514.07

County Louth Clogherhead Pier Refurbishment 242,218.05 Carlingford Lough Harbour works 79,369.13 Miscellaneous Lights, Beacons etc 18,185

Fishery Harbour Works Undertaken in 1998

Location Project Grant Paid

£’s

Cork Castletownbere New slipway, for Bere island, powerpoints, upgrade Auction Hall, resurfacing, syncrolift inspection, minor harbour works 572,732.00 Ardgroom Pier development 134,063.24 Ballycotton Dredging 64,500.00 Crosshaven Completion of pier development 76,561.79 Kealbeg Safety works 3,055.67

Donegal Killybegs Upgrade Auction Hall, Syncrolift inspection, studies/investigations, general maintenance and upgrading works 644,776.00 Burtonport Dredging of approach channel 177,149.08 Carrickaroary Pier reconstruction 113,521.50 Greencastle Quay reconstruction 104,657.75 Kerrykeel Pier development 49,467.75 Portaleen Pier development 41,250.00 Port Arthur/ Magheragallen General repairs 10,644.00

Kerry Cromane Site investigation 34,725.75 Dingle Pier extension 162,344.76 963 Questions— 9 March 2006. Written Answers 964

[Mr. Browne.]

Location Project Grant Paid

£’s Portmagee Completion of works 7,103.84 Sneem Resurfacing of parking area 2,300.00 Blackwater Resurfacing & provision of public lighting 13,100.00 Corvagillagh Repairs to ramp and provide access at all tides 6,750.00 Knightstown remove obstruction at pier head 1,500.00 Cooncrone Improve access, provide concrete decking 6,000.00 Coonanna Repair damage at pier head 6,000.00

Louth Carlingford Completion of pier reconstruction 40,426.43

Wexford Kilmore Quay Dredge rock at Harbour entrance 38,749.81

Galway Rossaveel Minor harbour works and renewals 61,022.60 Cleggan Pier repairs 741,348 Rossadilisk Pier repairs 10,780.00 Killeany General maintenance works 36,458.00

Dublin Howth Minor works and renewals, security system, syncrolift inspection 72,763.00

Other Galway Bay to Foyle Study 1,769.15 Piers, Lights & Beacons Various locations nationally 27,501.00

Fishery Harbour Works undertaken in 1999

Location Project Grant Paid

£’s

Wexford Kilmore Quay Dredge rock at harbour entrance 25,131.48 Courtown Repairs to pier wall 84,000.00 Cahore Repair of slipway 15,750.00

Cork Castletownbere Complete new slipway for Bere Island, S.I. for new pier on Dinish Island, Syncrolift carriages, minor harbour works, power points, security cameras, road rehabilitation, etc. 745,734.00 Ballycotton Repairs to breakwater 29,620.88 Knockadoon Extension to slipway 4,774.13 Durrus Extension of working area 90,428.00 Lough Beal (Pontoon) Navigation mark at entrance 8,214.31 Ballycrovane Pier development works 39,573.00 Keelbeg (Union Hall) Landscaping and surfacing entrance 30,469.00 Gerahies Pier extension/development works 53,336.00 Cape Clear (North Harbour) Repairs to outer breakwater 75,394.00 Cunnamore Pier improvements 168,281.00 Colla Pier improvements 3,649.00 Goleen Pier improvements 40,955.00 965 Questions— 9 March 2006. Written Answers 966

Location Project Grant Paid

£’s

Kerry Dingle Pier development works 334,721.00 Cromane Site investigations 12,478.89 Reen (Ballinskelligs) Widen root of pier/provide slipway 33,741.75 Portmagee Improve access and decking 19,305.29 Ballykissane Rebuild pier head/provide lighting and water 26,306.25 Rossdohan New pier and water supply 23.329.00 Knightstown New berthing wall/repairs 38,031.00 Callinafercy Pointing and repairs 2,270.00 Kilmackilogue Slipway, lifting gear & storage area 21,979.52

Clare Doonbeg Design new pier and site investigation 38,231.00 Liscannor Completion of decking of pier 59,946.00 Seafield Stormwall and widen causeway 73,854.46

Galway Rossaveal Provision of hardstanding and drying wall, surfacing of compound, general maintenance, car park extension and surfacing 321,830.00 Killary Harbour Design and site investigation 6,579.00 Torrea Pier, Kinvara Repair to pier/provide slipway 6,361.06 Spiddal Pier Repairs 18,750.00 Caladh Thaigh Repairs 28,295.00 Tramvarraderry (Rossaveal) Repairs 22,277.95 Ballinakill (Derryinver) Land facility 3,242.00 Cleggan Pier repairs 3,159.33 Killeany Beacon Beacon repairs and decking 26,484.00 Rossadilisk Pier repairs 17,646.00

Mayo Darby’s Point Redecking of old pier (Design) 30,754.27 Roigh Pier Parking/service area, Repairs to pier 75,000.00 Porturlin Dredge inner basin/provide mooring piles 45,000.00 Kilalla Dredge channel/silt transportation study 56,000.00 Kilcummin Remove boulders from berthage/ pier head 9,000.00 Newport Repairs to quay wall 75,000.00 Camport, Dooega Repairs to storm wall 37,500.00

Sligo Mullaghmore Repairs 31,880.00 Raghly Pier Improve access 56,000.00

Donegal Killybegs Pile repairs, ongoing engineering and maintenance, site investigations, pier design, new slipway, syncrolift carriages. 1,600,738.00 Greencastle Repairs to pier 376,381.52 Port na Blagh Dredging and pier furnishing 113,172.00 Woodquarter Extend and strengthen pier 176,301.54 Bruckless Replacement of furnishings/step repairs 13,239.72 Ballysaggart Reconstruct pier/breakwater and repair wall 114,003.74 Maugheragallen Extend pier — facilitate ferry and half deckers 84,969.00 Portmore Provide slipway 78,590.67 Portronan Repairs 37,145.25 967 Questions— 9 March 2006. Written Answers 968

[Mr. Browne.]

Location Project Grant Paid

£’s Bunagee New winch/associated works including slipway 112,666.50 Moville Pier reconstruction/improvement 22,500.00 Buncrana Dredging works 33,040.50 Carrickaroary Pier repair 126,945.00 Kerrykeel Slipway 87,655.50

Waterford Dunmore East Rehabilitation of quay structure, including remedial works to South Pier walls and east Pier stability investigation, safety, hygiene and preventative maintenance works, Shandoon cliff stabilisation study, resurfacing of harbour entrance, minor works 360,230.00 Ardmore Pier improvements 17,125.00

Dublin Howth Resurfacing damaged areas, Provision of toilets, retaining wall stabilisation, extra carriages for syncrolift, revetment repair, replace water mains, minor works and renewals 572,623.00

Dublin Piers, Lights and Beacons Various locations nationally 10,712.00

Fishery Harbour Works undertaken in 2000

Location Project Grant Paid

£’s

Cork Castletownbere Effluent treatment facility upgrade, Dinish Bridge remedial works, Dinish Wharf Ext. and Auction Hall, mainland quay rehabilitation, security cameras, safety & maintenance works, syncrolift carriages 737,032.20 Keelbeg Safety works 43,488.53 Ballycotton Repairs to breakwater 83,184.65 Ballycrovane Pier development 2,931.23 Colla Pier improvements 80,035.70 Cunnamore Pier improvements 52,488.88 Durrus Extension of working area 86,254.96 Gerahies Pier ext./dev. Works 39,328.41 Goleen Pier improvements 64,547.99 Goleen Slipway 13,500.00 Lough Beal Navigation mark at entrance 2,014.29 Cape Clear Repairs to outer breakwater 51,548.35

Waterford Dunmore East Cliff stabilisation works Phase 1 and 2, resurfacing of harbour entrance road, foul berth rehabilitation and East Pier investigation, safety & maintenance works 401,206.14 Ardmore Pier improvements 84,159.48 Tramore (Lady Elizabeth’s Cove) Repairs to seawall 29,893.41

Dublin Howth Watermains revetment, refurbishment of old canteen, extra carriages for syncrolift, safety & maintenance works 393,467.24 969 Questions— 9 March 2006. Written Answers 970

Location Project Grant Paid

£’s Donegal Killybegs Steel pile repairs, new slipway, new pier development, safety and maintenance works, refurbishment of Harbour Master’s residence 2,189,344.40 Greencastle Harbour development 17,512.65 Greencastle Pier Repairs 12,455.49 Ballysaggart Repairs 36,143.58 Buncrana Dredging & RNLI Berthing facility 210,776.25 Moville Pier improvements 108,341.00 Portmore Slipway/Site Investigation 88,554.00 Portnablagh Dredging 53,928.00 Bunagee New winch/associated works including slipway 39,380.25 Kerrykeel Slipway 8.789.00 Portsalon Pier maintenance 28,450.00 Lenan Site Investigation 44,358.00 Mountcharles Repointing/lighting/ dredging 187,957.00 Portronan Repairs 67,767.75 Bundoran Rock removal 151,812.75 Woodquarter Extend & strengthen pier 13,347.44 Bruckless Replacement of furnishings, step repairs 1,901.58

Galway Rossaveel Safety & maintenance works, harbour feasibility study 72,947.30 Inishboffin Repairs of fenders and safety works 27,651.77 Spiddal Pier repairs 35,529.00 Torrea Pier Repairs, provide slipway 87,696.94 Lynch’s Pier Slipway 1,637.37 Eanach Mhea´in Survey 5,000.00 Ce´ibh na hAirde Survey 1,828.43 Tra´ Bha´n Pier and slipway 4,991.25 Cleggan Improve slipway/outer breakwater, provide boat repair/hardstanding, access to outer breakwater, dredging 54,581.00

Louth Clogherhead Maintenance and safety works 88,022.36

Kerry Cromane Site Investigation 147,332.14 Dingle Pier development Works 2,756,135.04 Dingle Pesca project 88,370.00 Dingle Resurfacing / Pontoons 69,987.50 Kilmackillogue Slipway, lifting gear and onshore storage area 60,788.39

Wexford Kilmore Quay Dredging 397,018.59

Clare Seafield Provide stormwall, widen causeway and construct slipway 154,103.41 Doonbeg Pier design work 113,250.00 Liscannor Pierhead widening to include steps 54,493.00

Mayo Darby’s Point Redecking of old pier 408,949.96 Killala Provision of slipway 7,526.81 Newport Quay Wall Safety barriers, power point, fresh water, etc. 2,598.00 971 Questions— 9 March 2006. Written Answers 972

[Mr. Browne.]

Location Project Grant Paid

£’s Sligo Mullaghmore Pier repairs 43,120.00 Strandhill Design work for slipway 18,150.00

Other Piers, Lights & Beacons Various locations nationally 78,659.00

Fishery Harbours Expenditure 2001

Location Project DCMNR

\

County Donegal Killybegs Harbour Development 2,534,392.13 Greencastle Harbour Development 362,368.82 Greencastle Old Project 107.50 Ballysaggart 105.10 Woodquarter 94.19 Bundoran Pier Improvements 79,138.33 Burtonport Channel Dredging 56,523.98 Buncrana Pier Improvements 204,446.24 Mountcharles Slipway 69,904.19 Moville Pier Reinstatement 285,396.81 Portsalon Repairs to Pier Head 7,699.37 Portnablagh Quay Wall 29,246.19 Portaleen Repairs to Pier Head 45,891.99 Rosbeg Pier/Slipway Improvements 212,524.26 Casson Sound Quay Wall 43,350.29 Port Inver Study 51,776.74 Portmore Pier Extension 156,051.13 Binwee Pier Extra Width at Pier Head 83,529.16 Carrickarory & Moville SI for a proposed marina 60,162.36 Bonagee Complete Works at slipway 30,972.72 Inch Fort Geotechnical Investigation & Sediment Transportation Study 29,077.34 Portnoo Harbour Small slipway & winch/repairs to steps 4,734.85 Portnoo Harbour Hydrographic Studies & SI 55,352.68 Ballyederland Raise deck level/provide Storm wall 2,380.76 Moville/Carrickarory Sedimentology Study & Computer based wave Analysis study 9,903.96 Bundoran Pier Improvement Works (Dredging) 213,926.42 Ballyshannon Estuary Study of Bar Mouth & Boat storage area at the Mall Quay 28,340.55 Ballyshannon Estuary Parking Area 7,960.31 Bunagee Winch 9,245.92 Kerrykeel Reconstruction of Slipway 30,526.09 Ballyshannon Quay decking 51,962.76 Port Arthur Strengthening of Pier 3,013.43

County Galway 2001 expenditure Rossaveel Harbour development/works 1,095,246.88 Killary Harbour Site Investigation 482.50 Tra´ Bha´n Pier and slipway 20,256.59 973 Questions— 9 March 2006. Written Answers 974

Location Project DCMNR

\ Torrea Pier Repair work and concrete slab 11,911.91 Inishboffin 3,921.90 Maree Slipways (Lynch’s Pier and Corraduff 147.29 Derryinver Interim works & Site Investigation 48,425.91 Claddagh Quay Improvements 48,210.37 Galway Piers Consultancy Study 31,743.45 Spiddal Sean Ceibh Improvements 73,078.10 Roundstone Repair and Improvements 36,616.26 Tully Pier Repairs and Improvements 102,928.32 Tı´r an Fhia Pier repair works 17,038.41 Ervallagh Pier, Repairs 12,438.53 Eanach Mhea´in 2,704.54 Ce´ibh na hAirde Quay Repairs 69,607.79 Cashla Pier Repair works 58,539.09 Kilbricken Rosmuc Pier repair works 10,745.82 Cleggan New berthage & access 289,289.77

County Mayo 2001 expenditure Kilcummin Clear Berth 19,046.07 Purteen Harbour Improvement (Design) 95,230.36 Newport quay Wall Repairs 28,569.11 Saleen Belmullet Harbour Refurbishment 95,230.35 Kilsallagh Pier repair works 76,184.28 Killerduff Strengthen causeway & deck on pier 47,615.18 Dooega Rebuild Pier 165,065.95 Darbys’ Point Re-Decking of old Pier 1,330.89 Killala Study 21,864.75

County Sligo 2001 expenditure Mullaghmore Harbour Breakwater works 48,173.23 Rosses Point Pier Repairs 47,615.18

County Louth 2001 expenditure Gyles Quay Pier deck and wall repairs 109,297.21 Clogherhead Safety Works 21,785.68 Clogherhead Cost Benefit Analysis 17,141.46 Clogherhead Surfacing of inner harbour 35,284.47

County Cork 2001 expenditure Castletownbere Development & minor works, 2,248,948.97 Ballycrovane Pier Extension 117,576.03 Geraghies Pier Extension 340,080.93 Keelbeg Minor Works 18,935.59 Keelbeg Channel Dredging 9,523.04 Goleen Pier Improvements 29,641.51 Durrus Extension of working area 44,679.11 Cunnamore Pier improvements 40,925.70 Colla Pier Improvements 30,505.48 Cape Clear Development at North Harbour 70,062.98 Cape Clear Hydrodynamic Study 49,070.30 Kinsale Studies & investigations for Adam’s Quay 76,087.92 Bantry Repairs and extension to Abbey Slipway 944.49 Knockadoon Slipway 104,848.62 975 Questions— 9 March 2006. Written Answers 976

[Mr. Browne.]

Location Project DCMNR

\ County Dublin 2001 expenditure Howth Minor works & renewals, 31,936.27

County Kerry 2001 expenditure Dingle Pier Extension 79,582.87 Dingle Power Points 13,800.59 Dingle Hydrodynamic Study 35,238.65 Dingle Harbour Development & Safety Works 285,691.08 Kilmacalogue Improvement Works 28,672.45 Cromane Pier Development 206,657.47 Portmagee Dredging 47,615.18 Portmagee Improvements to lighting at pier 9,523.04 Portmagee New berthing face 19,046.07 Portmagee Extend boat dock area 47,615.18 Oysterbed, Sneem Renew pier fenders 14,284.55 Dromatoor, Ballyheigue Studies 33,330.62 Meenogahane New slipway/raise stormwall 60,756.97 Bunanear Slipway 40,332.91 Blackwater Removal of rock outcrop & S. I. 28,569.11 Templenoe Surfacing & Light 27,934.24

County Waterford 2001 expenditure Dunmore East Shanoon Cliff Face Stabilisation & minor works 650,292.90 Lady Elizabeth’s Cove, Repairs 3,437.22 Tramore Dungarvan Repairs to quay walls at Davitt’s Quay 152,368.57

County Wexford 2001 expenditure Cahore Upgrading 61,899.73 Courtown Upgrading 128,560.98 Kilmore Quay Replace Buoyage 20,348.82 Kilmore Quay Dredging 405.48

County Clare 2001 expenditure Doonbeg Pier Extension 50,473.40 Kilkee Slipway Upgrading 81,722.88 Liscannor Dredging 45,853.99 Doolin Development Options Study 49,198.86 Quilty 4,172.12

General Lights & Beacons 35,610.52

Fishery Harbour Expenditure 2002

Location Project DCMNR

\

Donegal Killybegs FHC Harbour Development 14,796,488.73 Killybegs FHC Maintenance 363,199.58 Killybegs FHC New Slipway 95,167.22 Killybegs FHC Site Investigations 18,809.47 977 Questions— 9 March 2006. Written Answers 978

Location Project DCMNR

\ Killybegs FHC Construction wages 10,150.12 Killybegs FHC Purchase of Launch 50,445.11 Killybegs FHC Refurbishment of Residence 2,047.50 Killybegs FHC Fenders Blackrock Pier 38,092.14 Greencastle Harbour Development 575,550.83 Burtonport Channel Dredging 810,836.35 Burtonport Dredging 2,457.56 Buncrana Pier Improvements 549,487.26 Buncrana Berthing Facility/Dredging 17,420.34 Mountcharles Slipway 26,352.14 Mountcharles Repointing/Lighting 12,083.04 Moville Pier Reinstatement 2,374.76 Moville Slipway & Pier Improvements 4,866.56 Portsalon Repairs to pier head 11,381.71 Portnablagh Quay Wall 6,903.62 Portaleen Repairs to Pier Head 72,118.39 Portaleen Purchase of Crane 74,189.81 Portaleen Slipway 19,731.53 Casson Sound Quay Wall 42,818.33 Port Inver Study 25,767.78 Portmore Pier Extension 358,565.65 Portmore Slipway 28,262.24 Binwee Pier Extra Width at Pier Head 26,840.03 Binwee Pier Pier Improvements 25,366.95 Moville & Carrickaroary Studies 27,330.90 Bonagee Rock Removal & Storm Wall Works 34,207.91 Inch Fort Investigations 11,954.07 Portnoo Harbour Studies 65,133.26 Portnoo Harbour Slipway 289.52 Ballyshannon Estuary Study 10,946.77 Ballyshannon Estuary Quay Decking 4,691.10 Ballywhoriskey Harbour Development 63,486.90 Kerrykeel Slipway 3,730.24 Carrickaroary Structural Works 44,648.95 Bundoran Pier Improvements 28,192.91 Bundoran Study Wave Modelling 27,617.95 Bundoran Pier Improvements 750.37 Port Arthur Strengthening of Pier 125,111.00

Galway Rossaveel FHC Minor Works & Renewals 418,499.14 Rossaveel FHC Complete Rockfill Contract 1,234,586.10 Rossaveel FHC Gear Store 208,960.46 Rossaveel FHC Purchase of launch 21,051.29 Tra´ Bha´n Pier & Slipway 576,705.98 Tarrea Pier Repair work & concrete slab 70,956.47 Maree Slipways 389,270.19 Claddagh Quay Improvements 36,078.95 Spiddal Sean Ce´ibh Improvements 17,546.36 Killary Site Investigation 7,901.33 Roundstone Pier Repairs & Improvements 13,570.36 Casla Widen Pier Access & Extend Pier 140,899.69 979 Questions— 9 March 2006. Written Answers 980

[Mr. Browne.]

Location Project DCMNR

\ Ard Thoir, Carna Pier & Slipway 2,202.99 Ervallagh Pier Repairs & Improvements 11,424.74 Ce´ibh Ailwee Pier Improvements 68,790.25 Dohulla Pier Improvements 16,153.13 Ce´ibh na Phurtaigh Improvements 8,297.61 Inishboffin Pier Works 2,290.72 Dunloughan, Ardmore, Bunowen Studies 4,205.37 Eanach Mhea´in Study 900.00 Crompan an Chonoch & Crompa´nMo´ r — Dredging & Access 69,998.29 Barna Improvement Works 69,713.25 Aughrasmore Pier Improvements 87,727.58 Ce´ibh na hAirde Quay Repairs 145,800.66 Cashla Pier Repair Works 67,608.66 Clifden Harbour Harbour Works 3,659.57 Kilbricken, Rosmuc Improvements 190,208.49 Cleggan Provision of Crane 85,520.00 Derryinver Pier Repairs 11,844.00 Ce´ibh Cashla, Derrynea Pier Improvements 101,206.00

Mayo Purteen Harbour Improvement Design 70,825.50 Roigh Pier Work Area 18,750.00 Killala Slipway 375,000.00 Blacksod Pier Contribution to Development 375,021.82 Belmullet & Frenchport Lights & Barriers 38,250.00 County Mayo Assessment of Piers 33,000.00 Darby’s Point Re-decking of Pier 14,558.91

Sligo Mullaghmore Harbour Breakwater Works 234,750.00

Louth Clogherhead Surfacing of inner harbour 45,046.50

Dublin Howth FHC Maintenance works 111,290.60

Kerry Dingle Slipway 26,896.38 Dingle Safety & Maintenance 217,752.64 Dingle Breakwater Works 128,416.60 Dromatoor, Ballyheigue Pier Improvements 208,476.74 Blackwater Removal of Rock Outcrop & SI 5,333.31 Bunanear Slipway 20,991.38 Bunanear 2001 Slipway 39,962.02 Oysterbed, Sneem Renew Pier Fenders 9,772.11 Kilmackillogue Improvement Works 21,425.92 Meenogahane New Slipway/Raise Stormwall 1,560.53 Portmagee New Berthing Face 75,870.08 Cromane Studies 44,186.21

Clare Kilkee Slipway Upgrading 52,500.00 981 Questions— 9 March 2006. Written Answers 982

Location Project DCMNR

\ Cork Castletownbere FHC General maintenance, Dinish Bridge Remedial works, Dinish Wharf extension, mainland quay Rehabilitation, Effluent treatment, 1,268,009.58 Ballycrovane Pier extension 397,058.25 Keelbeg (Union Hall) Channell dredging (Investigations) 96,686.73 Schull Pier wave wall repairs 166,621.46 Kinsale Damage repairs to Doneen Pier 88,356.98 Cunnamore Wave study 15,547.50 Gerahies Pier extension 176,596.50 Bantry Repairs & extension to Abbey slip 57,418.50 Durrus Pier extension 78,798.75 Priests Point, Ballinakilla 768.19 Castletownsend Slipway improvements 987,328.00 Cape Clear North Harbour development 228,197.00

Waterford Dunmore East FHC Safety & maintenance, Surfacing, Dock Road/Island Cliff stabilisation, Shanoon cliff Stabilisation, security cameras, maintenance dredging 582,603.90 Dungarvan Davitt’s Quay 141,238.51

Wexford Duncannon Pier extension (Design) 143,368.17 Slade Pier Surfacing & safety works 44,729.25 Fethard Pier Reinforced concrete steps, Pointing to pier, 56,130.00 Carne Pier Installation of lighting/ Dredging & safety 35,062.00 Misc. Piers, lights & Beacons 73,882.00 Expenditure Review Value for money 5,694.73

Fishery Harbour Expenditure 2003

Location Project DCMNR

\

Donegal Killybegs FHC- Harbour development project 24,272,450.53 Killybegs FHC Safety and maintenance 293,508.43 Killybegs FHC- Construction wages 601.69 Greencastle Design work 139,431.23 Burtonport Dredging 252,960.77 Buncrana Pier improvements 21,724.95 Portaleen Repairs to pier head 17,205.95 Portaleen Purchase of crane 7,875.00 Portmore Pier extension 45,000.00 Port Arthur Strengthening of Pier 13,363.00

Galway Rossaveel FHC Safety and maintenance 265,426.63 Rossaveel FHC Development 20,390.13 Tı´r an Fhia Pier repair works 200,861.49 Ce´ibh na gCasla Widen pier access/extend pier 124,905.52 Inishboffin Repair of pier fenders 1,889.16 Tra´ Bha´n Pier and slipway 6,662.17 983 Questions— 9 March 2006. Written Answers 984

[Mr. Browne.]

Location Project DCMNR

\ Killary 34,000.00 Barna Improvement works 15,000.00 Aughrismore, Claddaghduff Pier improvements 162,000.00 Clifden Harbour Improvement works 40,000.00 Cleggan Install crane on pier 58,605.00 Cleggan 3,266.00 Derryinver Interim repairs 15,552.46

Sligo Mullaghmore Harbour breakwater works 674,577.00

Mayo Killala Slipway 114,393.00

Kerry Dingle Fender repairs 4,390.89 Dingle Navigation light, add. Pontoon 12,000.00 Dingle Breakwater 8,738.45 Cromane Pier development 1,815.00 Bunanear Slipway 16,512.59 Dromatoor Pier improvement works 134,643.89 Ballyheigue

Clare Kilkee Slipway upgrading 20,585.54 Liscannor Pier Safety works 4,805.00

Louth Clogherhead Port Oriel design 191,642.25 Clogherhead Replace crane, provide handrails 75,000.00

Dublin Howth FHC Safety & maintenance 106,197.64

Cork Castletownbere FHC Safety & maintenance, Dinish Wharf extension, mainland Quay upgrading 1,114,130.49 Schull Pier wave wall repairs 62,021.65 Keelbeg Dredging works (sediment sampling) 299.47 Cape Clear Replace crane 16,335.00 Cape Clear Subsidence of Duffy’s Pier 24,264.11 Cape Clear Safety & maintenance 6,104.50

Waterford Dunmore East FHC Safety & maintenance, cliff Stabilisation: Dock Rd/Island Rd, Engage consultants, security cameras, Road surfacing 602,240.37

Wexford Courtown Purchase of plant equipment 30,000 Misc. Piers, Lights & Beacons 39,139.25 985 Questions— 9 March 2006. Written Answers 986

Fishery Harbour Expenditure 2004

Location Project DCMNR

\

Donegal Killybegs Harbour Development Project 8,593,896.94 Killybegs Safety & Maintenance 270,833.33 Greencastle Harb. Dev. Project — Design/Planning 85,228.58 Ballyederland Raising deck level of pier 63,713.58 Buncrana Pier Dredging at pier 127,500.00 Mulroy Bay Navigational Aids 18,750.00 Ballyshannon Navigational Aids 37,500.00 Portsalon Remedial Works 52,500.00 Burtonport Provision of fenders 9,000.00 Portmore 885.78 Carrickaroary 604.58

Galway Rossaveel Development 40,868.82 Rossaveel Safety and Maintenance 292,938.66 Rossaveel New storage Unit at RV-Advance Works 16,093.00 Rinville Pier, Oranmore New slipway, breakwater, pier deck 76,733.84 Kilbricken Repairs 13,625.25 Ard Thoir 734.34 Ce´ibh na hAirde 54,557.61 Tı´r an Fhia 114,778.34 Derryinver 16,533.33

Mayo Blacksod D/CRGA project 500,000.00 Newport 70.64

Clare Ballyvaughan New slipway, Berthage clearance, pier repairs 12,224.11 Seafield, Quilty Raise storm wall, place rock armour 143,790.89 Liscannor Car Parking, surfacing & ladders 24,873.00 Doolin 1,875.50

Kerry Dingle Dredging Site Investigations 201,026.77 Dingle Weighbridge 84,932.42 Cromane Pier Development Design Review Rd Access 62,942.86 Scraggane Survey 5,797.90 Oysterbed, Sneem Working/storage area 61,038.80 Tahilla, Sneem Pier works 81,569.08 Knightstown D/CRGA project 63,567.99 Tarbert Pier repairs 61,436.31 Reenard Slipway underpinning 30,776.44 Dromatoor, Ballyheigue Channel marking 15,364.99 Portmagee/Caherciveen Pier-Repairs to fenders/ladders 11,382.97

Sligo Nil

Louth Clogherhead Detailed design stage, Preparation of statutory Permissions 224,529.75 987 Questions— 9 March 2006. Written Answers 988

[Mr. Browne.]

Location Project DCMNR

\ Dublin Howth FHC Safety & maintenance 184,683.21

Cork Castletownbere FHC Safety & maintenance Mainland quay rehabilitation, Effluent treatment upgrade, Dinish Wharf extension, Auction Hall Upgrading 1,941,042.89 Keelbeg Repairs to HI-Mast lighting and service blocks 9,928.13 Tragumna Slipway & access Road 116,844.95 Cape Clear Safety & maintenance 7,145.93 Cape Clear Harbour development 9,371.38 Cape Clear Duffy’s Pier 3,037.93

Waterford Dunmore East FHC Safety & maintenance, Harbour development, Security Infrastructure 909,257.64

Wexford Kilmore Quay Hydrographic Survey 11,414.25 Misc. Piers. Lights & Beacons 50,466.49

Fishery Harbour Expenditure 2005

Location Project 2005 Outturn

\

Donegal Killybegs FHC Safety & maintenance 173,500.24 Killybegs FHC Harbour Development 3,590,303.87 Ballyederland Raising Deck Level of Pier 173,164.12 Dungloe Pier Construct slipway and turning circle at pier 10,982.18 Buncrana Pier Improvement works 78,000.00 Buncrana Pier Temp. Lifeboat Mooring 14,625.00 Bundoran Pier Pier Improvement Works 30,000.00 Castleport Pier Provision of electrical lighting 3,525.00 Mulroy Bay Navigation Aids 30,000.00 Portmore Pier, Malin Head Works to address siltation problem 31,095.05 Rathmullen Pier Pier Improvements 50,000.00 Tullyillion Pier Provision of electrical lighting 4,500.00 Portaleen Glengad Upgrade crane 22,500.00 Burtonport Harbour Rock Excavation 165,231.00 Galway Rossaveel FHC Development & minor works 3,983,070.25 Blackweir Breakwater/holding tank 59.35 Rinville Pier, Oranmore New Slipway 243,610.07 Kilbricken, Rosmuc Repairs 1,785.68 Cleggan Pier extension & dredging SI and design 22,051.08

Mayo Killala Silt Study 37,500.00 Rosmoney Preliminary Report 37,500.00 Louth Clogherhead Port Oriel Upgrade & Extension 3,692,877.00 989 Questions— 9 March 2006. Written Answers 990

Location Project 2005 Outturn

\ Sligo Raghley Pier Upgrade 10,634.15

Dublin Howth FHC Safety & maintenance 181,741.33

Cork Castletownbere FHC Safety & maintenance 212,542.47 Castletownbere FHC Mainland Quay extension 147,568.04 Castletownbere FHC Effluent treatment 417,195.76 Castletownbere FHC Dinish Wharf extension & offices 1,306,995.22 Keelbeg Miscellaneous 7,040.73 Schull Relocation of services block & new lighting 1,364.88 Tragumna Slipway & access road 25,683.77 Cape Clear North Harbour development 457,660.31 Cape Clear Safety & maintenance 2,568.95 Garnish Pier Pier Improvement works 45,000.00

Clare Ballyvaughan New Slipway 339,722.32 Ballyvaughan Repairs 8,586.16 New Quay Pier Repair 78,491.95 Doonbeg Pier Extension 51,427.42 Seafield, Quilty Repairs 15,900.11 Liscannor Harbour works 1,134.37

Kerry Dingle Dredging works 18,941.41 Dingle Weighbridge 808.52 Tarbert Structural assessment 907.50 Cromane Pier Development 1,966.65 Tahilla Pier Improvement Works 8,174.45 Oysterbed, Sneem Working Storage Area 19,029.31 Scraggane Pier Survey of Pier 816.75 Renard Pier Study of repairs 106,798.50 Coonana Repairs 29,537.98 Kells Pier Safety Works & Concrete decking 4,243.57

Limerick Kilteery Pier Provision of Bollards 21,742.12

Waterford Dunmore East FHC Safety & maintenance & minor works 541,907.89 Ardmore Raising deck level of pier 47,656.86 Blackwater New Slipway 99,364.65

Wexford Kilmore Quay Hydrographic Survey 61,936.88 Misc. Piers, Lights & Beacons 11,380.76 991 Questions— 9 March 2006. Written Answers 992

[Mr. Browne.] Fishery Harbour Programme

Location Project DCMNR Contribution

\

Castletownbere FHC, Cork Dinish Wharf extension & offices 12,000,000 Castletownbere FHC, Cork Effluent treatment 700,000 Castletownbere FHC, Cork Mainland Quay 100,000 Clogherhead, County Louth Port Oriel development 4,127,451 Greencastle, Donegal Harbour development 2,400,000 Cromane, Kerry Development 200,000 Dunmore East FHC, Waterford Development 600,000 Dunmore East FHC, Waterford Repair to East Pier 300,000 Knightstown, Kerry Co-funded with DCRGA 400,000 Buncrana, Donegal Construction of breakwater 225,000 Burtonport, Donegal Harbour dredging Phase 2 585,000

Total 21,637,451

COAST PROTECTION EXPENDITURE 1997 TO 2005

1997 Coast Protection Programme

Location Project DCMNR

£

County Wexford Rosslare Strand Aerial Survey/ Mapping of Coastline 19,494.00 Courtown Rock Revetment 41,998.00 Rosslare Maintenance 66,919.00

County Waterford Tramore Strengthening of the clay cliffs and sand dunes and improvement works to main promenade 111,558.00

County Wicklow Murrough Rock Armour Revetment 35,593.00 Bray Beach Nourishment/ Groyne Protection 41,717.00 Murrough Maintenance 22.00

County Sligo Enniscrone Planting of Grass 4,735.00 Strandhill Wind Fencing 30,000.00

County Louth Annagassan Rock Revetment 9,846.00

County Donegal Inver Completion of Seawall 10,000.00 Rye/Rathmullan Seawall Protection 39,000.00 Teelin Seawall Protection 60,000.00

County Meath Laytown Study 14,996.00

County Mayo Bertra Dune Protection 41,250.00 Claggan Dune Protection 11,250.00 993 Questions— 9 March 2006. Written Answers 994

Location Project DCMNR

£ County Dublin Burrow Study 15,586.00

County Cork Glandore Seawall Protection 122,011.00

County Clare Rinevella Coast protection 100,000 General CZM Study Sensitivity Study ECOPRO Manual

1998 Coast Protection Programme

Location Project DCMNR

£

County Dublin Burrow Study 5,387.00

County Louth Annagassan Rock Revetment 141,004.00

County Wexford Rosslare Aerial Survey/Mapping of Coastline 7,721.00 Rosslare Maintenance 46,636.00

County Wicklow Bray Breakwater & Groyne 740,479.00 Murrough Rock Armour 2,682.00

1999 Coast Protection Programme

Location Project DCMNR

£

County Louth Annagassan Detailed design of Phase 2 Protection Scheme 15,000.00 County Dublin Vico Road Protection Works at Vico Road (Design) 10,508.85

County Wicklow Bray Coast Protection Phase 1 385,163.75 Bray Harbour Wall Protection 234,934.50

County Wexford Courtown Dune Protection 53,250.00 Curracloe Study for Coast management 22,500.00 Ballyconnigar Cliff Protection 75,000.00 Rosslare Strand Beach Protection Work 4,359.23 Rosetown Cliff Protection (Design) 3,774.52 Cullenstown Detailed Design for Protection Works 20,547.00

Rosslare Strand Maintenance 24,222.41 995 Questions— 9 March 2006. Written Answers 996

[Mr. Browne.]

Location Project DCMNR

£ County Cork Youghal Further Study of Protection Options 21,000.00 Roscarberry (Owennahincha) Road Protection 33,750.00 Roscarberry (Warren) Groyne 12,957.00 Barley Cove Study of Required Dune Protection Works 15,000.00

County Kerry Waterville Protection Works 120,000.00

County Clare Quilty Protection Works 607,989.75

County Galway Inishboffin Island Road Protection 77,828.00 Aughinish Is. Causeway Protection 30,000.00 Roundstone Dune Re-Instatement 16,368.00 Gorteen Bay/Dogs Bay Mweeloon/ Road Protection Ballynacloghy 116,250.00

County Mayo Claggan Is Dune Reinstatement 21,660.86 Belmullet-Elly Bay Study 17,345.00

County Sligo Mullaghmore Road Protection 17,926.00 Strandhill Study 27,225.00

County Donegal Bundoran Road Protection 90,000.00 Mountcharles Coast Protection 65,250.00 Inver Coast Protection 45,000.00

County Waterford Tramore Coast Protection 25,377.15

General County Louth Coastal Survey 52,535.01 GIS Initial Set up 31,561.14 Aerial Survey V Carnsore Pt to Killiney 40,882.22 Wavebuoys 9,421.67 National Coastline Survey 10,000.00

2000 Coast Protection Programme

Location Project DCMNR

£

County Louth Annagassan Phase 2 Protection Scheme 69,876.29

County Dublin Vico Rd. Cliff Protection Works 30,025.66 Bull Island Study of effects of breaching the causeway 30,000.00

County Wicklow Bray Phase 2 & Remedial Works 1,579,131.53 997 Questions— 9 March 2006. Written Answers 998

Location Project DCMNR

£ County Wexford Rosslare Beach Protection 44,699.36 Rosslare Maintenance 15,480.62 Cullenstown Revetment Works & training walls 86,025.00

County Waterford Tramore Promenade wall Strengthening 36,321.89 Cunnigar Design of Protection Works 20,910.38

County Kerry Rossbeigh Consultancy Study 30,000 Waterville Upgrade & Road Protection 63,452.52 Dingle-Castlemain Road Rock armour 1,100,000

County Clare Quilty Protection Scheme 159,216.75 Seafield Dune Protection Works 16,125.00 Ballyvaughan Road Protection Works 91,935.75

County Galway Auginish Island Causeway Protection Works 46,125.00 Cleggan Beach Road Protection 77,669.80 Tawin Island Beach Road Protection 39,000.00 Gorteen Beach Beach Protection 38,250.00 Renville Coast Protection to public recreation area 39,600.75 Clifden Beach Coast Protection to public recreation area 75,375.00 Inishmore Island Beach Road 45,000.00 Oranmore/Mweeloon Road Protection Works 46,929.00

County Mayo Achill Dune Protection Works 25,074.75 Elly Bay Seawall Repairs/Dune Protection 80,417.32 Bertra Beach Dune Protection Works 37,645.50 Fahy-Ballycroy Sea outfall renewal and Coast Protection 46,578.75 Bundoola Belmullet Repairs to seawall 15,864.75 Keel Beach Dune Protection works 14,266.50

County Sligo Strandhill Dune Protection works 13,725.00 Mullaghmore Road Protection works 88,986.29 Pollacheeney Protection Works 54,000.00

County Donegal Bundoran Road/Cliff Protection 233,255.25 Kerrykeel Repairs to sea wall 48,536.25 Mountcharles Rock armouring 79,621.15 Rye, Rathmullen Sea wall rock armouring 113,745.75 Inver Coast Protection 20,274.75

General Total Cost (all DCMNR)

£

Coastal Survey 35,955.99 GIS System/Maintenance 13,240.00 Wave Buoys 13,625.13 999 Questions— 9 March 2006. Written Answers 1000

[Mr. Browne.]

General Total Cost (all DCMNR)

£ Pilot Project for dissemination 2,994.75 Research Startup 4,523.59 Coastal Survey, County Louth 1,845.29 GIS initial setup 177.13

2001 Coast Protection Programme

Location Project DCMNR

£

County Donegal Drung, Quigley’s Pt Rock Armour 207,652.65 Keadue, Kincasslagh Seawall 31,746.80 Mountcharles Road Protection Works 233,435.54 Mahery, Dungloe Road Protection Works 23,662.38 Kerrykiel, Rossakill Road Protection Works 118,048.50 Kerrykeel Sea Wall Repairs 1,645.58 Inver Concrete Slab & Low level wall 36,186.58 Carrickarory Repointing existing Seawall 3,176.88 Bundoran Shoreline Protection 87,528.52 Rye, Rathmullan Sea Wall 5,482.41

County Sligo Strandhill Slipway 14,284.55 Strandhill Shoreline Protection 69,994.31 Mullaghmore Road Protection Wks. 385,546.76 Pollacheeny Study & Detailed Design 29,616.64

County Mayo Westport/Bertra Dune Protection 28,569.11 Carrowmore Beach Dune Protection 19,046.07 Roonagh, Louisburg Road Protection Works 28,569.11 Belmullet Town Repair Sea Walls 95,230.36 Mulranny Causeway Protection Works 85,707.32 Bundoola, Belmullet Repairs to Seawall 75,085.96 Claggan Island Dune Protection Works 53,759.02 Elly Bay Seawall Repairs & Dune Protection 76,673.56

County Galway Auginish Island Causeway Protection 38,092.14 Inishboffin Protection Works to south facing shore 95,230.36 Inishboffin Erosion Study of south facing shore 28,355.82 Renvyle Road Protection 47,615.18 Inishmore Airstrip Protection 8,281.87 Ballyconnelly Road Protection Works 85,707.32 Roundstone Pier Study 18,411.20 Cleggan 59.73

County Louth Annagassan Phase 2 Protection Works 149,908.10 Salterstown Protection Works 33,454.68 1001 Questions— 9 March 2006. Written Answers 1002

Location Project DCMNR

£ County Dublin Bull Island Study 63,880.52

County Wicklow Bray Phase 2 Coast Protection 647,673.60 Bray Remedial Works/Extension of harbour wall 792,131.26 Bray Coast Protection Scheme 20.02

County Wexford Courtown Revetment Works 86,899.68 Cullenstown Revetment Works 685,612.85 Rosslare Strand Study of North end of spit Rosslare Strand Maintenance Rosslare Strand Revetment Works 71,422.77 Rosslare Strand New Scheme 188.78

County Waterford Ballyvoile Study of Road Protection Works 31,484.01 Tramore Promenade Wall Strengthening 880,041.04

County Cork Durris to Ahakista Road Protection Works 66,314.61 Youghal Preparation of Tender And Planning 19,046.07 Youghal Sea Wall Repairs 28,569.11

County Kerry R561 Dingle to Castlemain Revetment Works 1,386,430.06

County Clare Quilty Protection Scheme 73,815.11 Clahanes Liscannor Concrete Wall 175,086.91 Rinvalla Bay Road Protection Works Aughinish Island Causeway Protection Works 39,276.27

General

Wave Buoys 2,989.61 Aerial Survey Carnsore to Killiney 63,281.12 GIS Maintenance 2,384.52 Coastal Surveys 2001 10,240.44 GIS Maintenance & Development 33,284.28

2002 Coast Protection Programme

Location Project DCMNR Cost

\

Strandhill, County Sligo Shoreline Protection 532,500 Mullaghmore, County Sligo Road Protection 67,286.25 Keadew, Kincaslagh, County Donegal Sea Wall 183,974.90 Maghery, Dungloe, County Donegal Road Protection 82,330.31 Mountcharles, County Donegal Road Protection 9,249.64 Kerrykeel, County Donegal Road Protection 1,180.65 Carrickaroary, County Donegal Repointing Existing Sea Wall 16,705.54 1003 Questions— 9 March 2006. Written Answers 1004

[Mr. Browne.]

Location Project DCMNR Cost

\ Drung, Quigley’s Point, County Donegal Rock Armour 11.606.83 Lagg, Malin Head, County Donegal Study of Coastal Processes 23,923.18 Inver, County Donegal Protection Works 991.29 Inisboffin, County Galway Protection Works to South Facing Shore 142,875 Salin to Silverstrand, County Galway Study 79,830.46 Tawin Island, County Galway Road Protection 53,913.51 Claggan Island, County Mayo Repair Works 33,160 Bunnafolly, County Mayo Protection Works 27,108 Lacken, County Mayo Cliff/Road Study 22,500 Elly Bay, County Mayo Installation of ECAB Units 148,608 Bellurgan, County Louth Embankment Reinstatement 170,151.75 Louth Coastline Survey of Coastline 7,568.25 Whitestown, County Louth Rock Armour Protection 37,335.64 Blackrock, County Louth Seawall Protection 32,487.75 Salterstown, County Louth Repairs & Protection to Road Verge 393,617.25 Seapoint, County Louth Dune Protection Works 75,000 Blackrock to Dundalk, County Louth Study 36,300 Shelling Hill/Gyles Quay, County Louth Protection Works 34,419 Carlingford Harbour, County Louth Repairs 623.25 Annagassan Harbour, County Louth Protection Works 26,068.50 Tramore, County Waterford Promenade Refurbishment 228,194.88 Cunnigar, County Waterford Rock Revetment 244,273.60 Rosslare Strand, County Wexford Study of North End of Spit 114,435 Courtown, County Wexford Design of Breakwater 133,810.34 Rosslare Strand, County Wexford Revetment Works 77,846.49 Rosslare Strand, County Wexford Maintenance 13,292 Cahore, County Wexford Rock Groynes & Beach Nourishment 42,966.58 Ballyconnigar, County Wexford Rock Revetment 21,750 Garretstown, County Cork Road Protection Works 209,259.83 Durris to Ahakista, County Cork Road Protection Works 135,179 Warren, County Cork Beach Groynes 112,500 Youghal, County Cork Planning Stage 37,500 Ballyheigue/Inch, County Kerry Road Protection Works 414,243.46 Knightstown, County Kerry Protection Works 37,856.12 Carrigaholt, County Clare Protection Works 45,897 Shanganagh, County Dublin Study 7,482.91 Bray, Co Wicklow Pier Repair Works 440,244 Du´ n Laoghaire, County Dublin Vico Road Revetment 212,718.05 Portmarnock, County Dublin Dune Protection Works 37,487.86 Coastal Study Consultancy Study 2,955 Coastal Surveys General Coastal & Project Related 4,212 GIS System Customisation, Maintenance & Training 9,537 Wave Buoys Maintenance & Deployment 7,391 Beach Monitoring Monitoring of Nourished Beach, Bray 5,816 East Coast Aerial Survey — Carnsore to Killiney 21,785 Value for money Review 37,368

2003 Coast Protection Programme

Location Project DCMNR Cost

\

Elly Bay, County Mayo Installation of ECAB Units 68,182.59 Devlin, County Mayo Rock Armour, Retaining Wall 60,000 Bellurgan, County Louth Embankment Reinstatement 5,736 1005 Questions— 9 March 2006. Written Answers 1006

Location Project DCMNR Cost

\ Salterstown, County Louth Repairs & Protection of Road Verge 90,000 Carlingford Harbour, County Louth Damaged Navigational Light 2,253 Shore Road, Dundalk, County Louth Sea Defence Embankment 58,500 Blackrock, County Louth Rock Armour 40,905 Annagassan, County Louth Protection Works 6,706.50 Cruisetown, County Louth Extend coastal protection 60,738 Salterstown Pier, County Louth Protection Works 22,527.25 Drung, Quigleys Pt., County Donegal Road Protection Works 40,277.59 Meenacross, County Donegal Rebuild Portion of Wall, Repoint Wall 15,000 Muckross, County Donegal Rock Armour Revetment to Protect Public Road 60,000 Carrigaholt Castle, County Clare Protection Works to National Monument 32,661.50 Cappagh, County Clare Road Protection Works 74,700 Carrigaholt, County Clare Reconstruction of Rock Revetment 21,753 Doonbeg, County Clare Rock Armour 17,011.50 Liscannor, County Clare Rock Armour 13,710.53 Rosslare Strand, County Wexford Study 8,616.23 Rosslare Strand, County Wexford Capital Works 14,290.46 Rosslare Strand, County Wexford Maintenance 7,957.54 Rosslare, County Wexford New Scheme 155.38 Cahore, Wexford Rock Groynes, Beach Nourishment 43,286.42 Rosslare, County Wexford Revetment Works 27,821.01 Ballyconnigar, County Wexford Rock Revetment 22,239 Warren Strand, County Cork Beach Groynes 120,000 Youghal, County Cork Coastal Protection Phase, Prep. Contract Docs. 22,687.50 Warren Strand, County Cork Complete Phase 2 Groyne 41,623.31 Tramore, County Waterford Promenade Refurbishment 17,572.30 Cunnigar, County Waterford Balance of 2001 Grant 1,004.40 Dublin City Council, Dublin Risk Assessment Study 80,000 Ballyheigue, County Kerry Road Protection Works 150,000 Ballyheigue, County Kerry Complete Phase 1 225,000 Ventry, County Kerry Coastal Protection Works 21,785.48 Kenmare, County Kerry Sea Wall 11,269.77 Brittas Bay, County Wicklow Update Study, Extension of Scheme 37,351.79 Burrow, Portrane, Fingal Repairs to Embankment, etc. 7,500 Portmarnock to Malahide Fingal Repairs to Coastal Walkway 3,750 Coast Protection Strategy Study 370,471 GIS System Maintenance and Customisation 26,726 Bray Beach Monitoring 4,646 Basic Research Tide Gauge Review Statistical Analyses 19,800

2004 Coast Protection Programme

Location Project DCMNR Cost

\ Inishboffin, County Galway Emergency Work 144,932.87 Laytown, Co Meath Laytown Study 30,000 Drogheda, County Louth Erosion of R167 28,986 Bellurgan, County Louth Erosion (Road) 8,226.34 Cooley, County Louth Replacement of rock armour 43,873.50 Kilfenora, County Kerry Revetment Works 117,292.49 1007 Questions— 9 March 2006. Written Answers 1008

[Mr. Browne.]

Location Project DCMNR Cost

Baile an Rannaig, County Kerry Provision of rock armour 88,090.30 Du´ n Laoghaire/Rathdown CC Coastal Survey 19,239 Corbawn Lane, County Dublin Contract documents, etc. 30,855 Warren, County Cork Coast Protection Works 142,848.42 Youghal, County Cork Phase 1 379,458.88 Helvick Pier, Waterford Emergency Works & Diving Survey 70,092.76 Courtown, County Wexford Design of Breakwaters, etc. 368,204.08 Curracloe, County Wexford Dune Protection 31,030.92 Greystones, Co Wicklow Coast Protection Site Investigation 52,500 Coast Protection Strategy Study 174,220.62 GIS System Maintenance & Customisation 31,389.95 Wave Buoy Maintenance & Deployment 45,188.39 Beach Monitoring Monitoring of nourished beach at Bray 16,992.27 Tide Gauge Installation of gauge for monitoring mean sea level 11,335.64 Coastal Video Survey Video Survey of national coastline 30,991.50 Rosslare, County Wexford Maintenance 83,198.63

2005 Coast Protection Programme

Location Project DCMNR Cost 2005

\

Donegal Curransport, Meenlaragh Protection works 52,500.00 Gweebarra Bends Protection to Sea Wall 30,000.00 Inver Village Extension to protection wall 52,500.00 Lagg Beach Protection works 45,000.00 Moville Green amenity area and path 4,500.00 Rosbeg Protection works 15,000.00 Rye, Rathmullen Protection works 105,000.00 *Aranmore Protection works 31,875.00 *Maghery Protection works 37,500.00 *Muckross Protection works 9,375.00

Louth Annagassan Strand Road 28,377.27 Salterstown Road Protection works 48,193.50 Port Beach Study 11,253.00

Mayo Bertra Beach, Westport Protection Works 75,000.00 Sligo Mullaghmore Dune Management Scheme 11,340.75 Rathlee Coast Protection Works 31,352.88

Galway Inishboffin Road protection Works, Design, Tenders, etc; 108,280.47 *Inishboffin Road Protection Works 75,000.00

Cork Gyleen Village Protection Works 148,553.90 Youghal Phase 1 completion 232,892.50 1009 Questions— 9 March 2006. Written Answers 1010

Location Project DCMNR Cost 2005

\

Clare Ross/Kilbaha Rock gabions & Rock revetment 88,987.50 Carrigaholt Road Protection Works 54,232.50

Kerry Killelan Caherciveen Road Protection Works 15,000.00 Baile an Rannaig Provision of rock armour 1,968.88 *Reen Ballinskelligs Protection works 7,500.00 Maherees Road Protection Works 74,821.48 Kilfenora Revetment Works 21,100.12

Dublin City Council Merrion Gates Provide banking/ramping to seal opening 36,386.09 Clontarf Promenade Flood Defences Detailed Design 30,219.75 Spencer Dock Sea Surge Defence Barrier 120,894.16

Du´n-Laoghaire Rathdown Killiney Repairs to Beach Gabions 109,275.00 Corbawn/Shankill Repairs to Beach Access 29,947.50

Waterford Bunmahon Protection Works/Scheme Design 17,825.77 Cunnigar, Dungarvan Protection Scheme/Design 69,493.58

Wexford Cahore Continuation of Revetment works 16,616.87 Kilpatrick Soft engineering Works to Beach 15,271.43 Rosslare Soft Engineering Works to Beach 10,118.96

Wicklow Arklow South Beach 44,356.15 Bray to Greystones Cliff path works 69,665.25 Bray Promenade flood prevention wall at Bray 55,500.00

General Coastal Protection Strategy Study 132,816.27 GIS System Customisation, maintenance and training 18,929.16 Wave Buoys Maintenance and Deployment 8,556.06 Beach Monitoring Monitoring of nourished beach at Bray, County Wicklow 4,646.40 Tide Gauge Installation of gauge for monitoring mean sea level 60,728.74 Detailed survey of selected coastal areas 41,881.85 Rosslare Maintenance 14,832.08 Miscellaneous 5,133.26

abstentions or anybody who did not vote on it. Salmon Management Report. [9829/06] 112. Mr. Ring asked the Minister for Minister of State at the Department of Communications, Marine and Natural Resources Communications, Marine and Natural Resources if the salmon commission has finished its report; (Mr. Browne): The National Salmon Commission when this report will be published; if the report met on 27 February 2006 to give final consider- was adopted by the full committee; if there was a ation to the conservation measures for both the vote on same; and the breakdown on the vote commercial and angling sectors for the 2006-07 with regards to whether it was unanimous, any fishing season. The chairman submitted the 1011 Questions— 9 March 2006. Written Answers 1012

[Mr. Browne.] Fishing Vessel Licences. report of the commission to me by letter of 28 114. Mr. Broughan asked the Minister for February 2006. He has advised that the advice Communications, Marine and Natural Resources and recommendations of the commission is based the number of licences which have been issued in on a majority decision arising from a vote of nine relation to the razor shell fishing in the sea off in favour, eight against and two abstentions. Portmarnock, Baldoyle and Howth beaches; the It is my intention to publish the recom- locations prescribed in these licences; if the mendations of National Salmon Commission, method of fishing licensed is indicated; if it together with the advice I have received from the includes dredging; and his Department’s policies standing scientific committee of the commission and controls in relation to razor shell fishing. and the advice tendered by the fisheries man- [9894/06] agers, in the coming weeks when I publish my proposed amendments to the wild salmon and sea Minister of State at the Department of trout tagging scheme. This will afford all Communications, Marine and Natural Resources interested parties an opportunity to consider the (Mr. Browne): The licensing authority for sea advices prior to the introduction of the regu- fishing boats has informed me that sea fishing lations in April 2006. boat licences that permit the fishing for razor clams are not area or fishing method specific and Legislative Programme. that all licensed and registered vessels in the poly- 113. Mr. Lowry asked the Minister for valent general and specific segments are entitled Communications, Marine and Natural Resources to fish for this species and many others. if correspondence has been received by his As part of the work of the molluscan species Department (details supplied); his views on the advisory group, established under the shellfish contents of this letter; if the second phase of the management framework and which includes a review mentioned in same will be undertaken representative of the razor clam fishermen, a prior to the introduction of legislation; and if he razor clam local advisory committee is to be will make a statement on the matter. [9830/06] established in the near future. This will be facili- tated by BIM and will seek to develop a sus- Minister of State at the Department of tainable management framework for the fishery. Communications, Marine and Natural Resources Harvesting of razor shells is subject to legislat- (Mr. Browne): The Deputy will be aware that the ive controls and the areas in which such har- views of the chairpersons of the regional fisheries vesting can take place is classified by ministerial board were passed to this Department in mid- regulations every six months following consider- February. I am currently considering the views ation of the results of an ongoing sampling prog- expressed in this correspondence and hope to be ramme. A system of gatherers dockets is also in a position to respond in the not too distant implemented whereby important information is future. collected on the fishery in such aspects as the pre- The current intention is to implement phase cise location and date of harvesting, the quantities one and the Government has authorised the involved and the destination of the harvested drafting of a Bill to establish the new national razor shells. I also wish to inform the Deputy that inland fisheries authority and regional advisory the Department’s inspectorate staff carries out boards. The Department is working in close con- periodic inspections of fishing activity in this area sultation with the national fisheries management to ensure that harvesting activities are being executive in designing this new legislation and it undertaken in accordance with the prevailing is hoped to have it enacted this year. Publication regulations. will be dependent on the complexity of the legis- lation required and competing priorities on the Salmon Management Report. Oireachtas’s legislative programme for 2006. The 115. Mr. O’Shea asked the Minister for Government also decided that the consultants Communications, Marine and Natural Resources should be re-engaged in 2006 to identify in more when a decision will be made on the recom- detail the structures, resources, funding and mendations of the National Salmon Commission policy approaches needed to implement the regarding commercial drift net salmon fishing further restructuring of the sector. This process (details supplied); and if he will make a statement will involve full, transparent, comprehensive and on the matter. [9926/06] patient consultations with all of the stakeholders during which the principles and structures to Minister of State at the Department of deliver the new model will be fleshed out. Communications, Marine and Natural Resources It is my firm belief that the policy adopted will (Mr. Browne): The National Salmon Commission allow the sector to reach its full potential through met on 27 February 2006 to give final consider- more coherent and consistent policy making and ation to the conservation measures for both the resource allocation and use and will give the commercial and angling sectors for the 2006-07 whole range of stakeholders the opportunity to fishing season. The chairman submitted the be central to the development, promotion and report of the commission to me by letter on 28 protection of the inland fisheries resource. February 2006. A decision needs to be made 1013 Questions— 9 March 2006. Written Answers 1014 shortly to enable me to publish any proposed largely be funded by those stakeholders who amendments to the wild salmon and sea trout tag- would be the main economic beneficiaries of ging scheme. This will afford all interested parties more salmon being free to return to the rivers. I an opportunity to consider the advices prior to draw the Deputy’s attention to the committee’s the introduction of the regulations in April 2006. comment that “public moneys spent must have, as a primary aim, ensuring the survival of the Official Engagements. salmon species and that this precept must be regarded as more important than any economic 116. Mr. Kehoe asked the Minister for gain to any sector that may accrue”. Communications, Marine and Natural Resources It is clear that future policy must be designed if he will be travelling abroad for the St. Patrick’s to ensure the survival of the species, while balanc- Day festivities; and if so, the location he will be ing the interests of various stakeholders in regard visiting; the functions he will be attending; and to the quantum of catch that appears to be pos- the groups he will meet with. [9932/06] sible within the independent scientific advice and Minister for Communications, Marine and taking account of the detail of that advice in Natural Resources (Mr. N. Dempsey): I will rep- respect of location and types of fishing. I sound a resent the Government in Seattle, Washington, note of caution, however, about any possible during St. Patrick’s week. I will be availing of the scheme designed to address the financial hardship excellent opportunities to promote Ireland while associated with compliance with the scientific in the US by advancing Ireland’s economic advice. I am advised there is no legal requirement interests, meeting with influential political rep- to introduce any compensation scheme in the resentatives and the broad Irish community and event of a curtailment of fishing effort on conser- engaging in events to showcase Irish culture. vation grounds in accordance with the Fisheries While in the US, I will meet with various busi- Acts. In that context, expectations of high levels ness, political and Government representatives to of monetary compensation are unrealistic. Simi- exchange views on matters relating to energy and larly, and in consideration of equity in the matter, communications policy and other issues of mut- some meaningful contribution would be expected ual interest. from the economic beneficiaries of a reduction in I have set out a demanding work schedule for commercial fishing, whether that is delivered in the visit to Seattle with a series of business meet- cash or in kind. ings with a range of prominent companies includ- ing, among many others, Microsoft, Palm Treo, 118. Mr. O’Shea asked the Minister for Verizon, Logitel Corporation, Western Wireless, Communications, Marine and Natural Resources Speakeasy. Amazon and Starbucks. My itinerary if he has knowledge or evidence of subversive also includes meetings with Senator Erik Poulsen, involvement in salmon poaching; and if he will Senator Lloyd Levine, Senator Martha Escutia, make a statement on the matter. [10009/06] Assemblyman Guy Houston and the Seattle Irish Immigrants Support Group. Minister of State at the Department of I also look forward to meeting the broad Irish Communications, Marine and Natural Resources community and their representatives through my (Mr. Browne): I have no knowledge of subversive involvement in the St. Patrick’s Day festivities, involvement in salmon poaching. If the regional including the official parade, the Friends of St. fisheries boards, which are responsible for the Patrick Dinner and the St. Patrick’s Day Mass. protection of these fisheries, had such knowledge and were unable to deal with the matter them- Fisheries Protection. selves, I would expect it to be brought to the attention of the Garda Sı´ocha´na. 117. Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources Human Rights Issues. his proposals to introduce a voluntary buy-out scheme for commercial drift net salmon fisher- 119. Aengus O´ Snodaigh asked the Minister for men; and if he will make a statement on the Foreign Affairs if he will make a statement on matter. [10008/06] the steps the Government intends to take in response to the Council of Europe’s recommend- Minister of State at the Department of ation published in the week commencing 27 Communications, Marine and Natural Resources February 2006 calling for States to introduce (Mr. Browne): To date, the Government has con- tougher controls to ensure they can check sistently ruled out buy-out as an effective means whether aircraft passing through their territory of achieving the restoration of salmon stocks. are being used for illegal activity. [9999/06] Instead, it has, since 2002, promoted the appli- cation of quotas on commercial fishing and bag Minister for Foreign Affairs (Mr. D. Ahern): limits on angling as the best instrument available On 1 March 2006, the Secretary General of the to achieve catch reductions. Council of Europe, Mr. Terry Davis, published a The Oireachtas Joint Committee on Communi- report containing his preliminary analysis — as cations, Marine and Natural Resources has distinct from specific recommendations — of the advised that any compensatory schemes should 46 replies he received from member states in 1015 Questions— 9 March 2006. Written Answers 1016

[Mr. D. Ahern.] represent the Government at promotional St. response to his questionnaire on the possible Patrick’s Day events in Dallas before occurrence of the “unacknowledged deprivation accompanying the Taoiseach to Washington for of liberty” in those states. The Government’s the traditional ceremonies at the White House reply to this questionnaire was made public fol- and on Capitol Hill. This special opportunity, lowing its submission on 20 February 2006, and unique to Ireland, for direct and detailed dia- is available on the website of the Department of logue with the President of the United States and Foreign Affairs, at www.dfa.ie. his Administration, and also key players on Capi- I have already welcomed publication of the tol Hill, is exceptionally valued by the Govern- Secretary General’s analysis. From an Irish per- ment. I expect that the discussions will cover spective, it is particularly satisfying that ours was some key international issues, as well as bilateral one of a minority of only 13 replies he adjudged issues of mutual interest such as the peace process to be sufficiently comprehensive not to require and immigration reform. additional clarification. This report makes clear I also welcome the opportunity to promote that Ireland’s approach to the issues involved is Ireland in Texas during the St. Patrick’s Day very much in line with that of other states. period. My programme includes attendance at The Secretary General has identified in general Irish community events, an American Ireland terms some issues which he believes require Fund breakfast and the Dallas St. Patrick’s Day further attention but, as I have indicated above, Parade. In addition, I will have the opportunity has made no particular recommendations. He to meet with senior business representatives and has, however, indicated that he intends to make address a lunch event hosted by the Dallas more specific proposals to the Council of Chamber of Commerce. Europe’s Committee of Ministers in due course. In conjunction with our partners, the Govern- ment awaits these proposals and will examine UN Resolutions. them carefully once they are made. 122. Aengus O´ Snodaigh asked the Minister for Foreign Affairs if he will use this Government’s Presidential Visit. good offices with the US Administration to 120. Aengus O´ Snodaigh asked the Minister for encourage the US to approve the draft resolution Foreign Affairs the protocol for receiving visits for a new United Nations human rights council from foreign heads of State; if this protocol was presented by the president of the General followed in the case of the recent visit by US Assembly on 23 February 2006. [9952/06] President Mr. George Bush to Shannon Airport; and when he or his Department was notified that Minister for Foreign Affairs (Mr. D. Ahern): the US President intended to disembark from As the Deputy is aware, the negotiations on the Airforce One and meet US troops in Shannon draft resolution establishing the human rights Airport. [9854/06] council are still ongoing in New York. The Euro- pean Union has issued a statement on the text Minister for Foreign Affairs (Mr. D. Ahern): indicating that the draft resolution is acceptable There are a number of protocols which are fol- to the Union, even if it does not contain all that lowed in relation to State and official visits to we had hoped for. The statement also supports Ireland by foreign Heads of State. However, it the President of the General Assembly’s efforts should be noted that President Bush was not in to secure the broadest possible backing for the Ireland on a State or official visit. As I have said early establishment of the human rights council. in reply to a question earlier in the week, per- Ireland played an active role at an EU level in mission for President Bush’s aircraft to land was securing support for the text. granted by my Department in accordance with The United States has indicated that it wishes the normal procedures. to see certain changes to the draft resolution President Bush’s meeting with US military per- before it can support it. While the EU under- sonnel at the airport appears to have been a spon- stands the thinking of the United States, we have taneous act. Such personnel were, of course, in grave doubts about whether such changes are transit as part of a multinational force authorised achievable. Against that background, there have by the United Nations Security Council. Per- been ongoing discussions between the European mission for this meeting was not required. Union and the United States both in Washington and in New York to see if the United States might Official Engagements. be prepared to modify its position. 121. Mr. Kehoe asked the Minister for Foreign A human rights council established on the basis Affairs if he will be travelling abroad for the St. of this draft resolution would represent a marked Patrick’s Day festivities; and if so, the location he improvement on the current Commission on will be visiting; the functions he will be attending; Human Rights. In addition to important new and the groups he will meet with. [9933/06] elements, positive features of the Commission on Human Rights — such as effective access for civil Minister for Foreign Affairs (Mr. D. Ahern): society and the network of special procedures — My programme is being finalised. However, I will would be maintained. 1017 Questions— 9 March 2006. Written Answers 1018

In light of this, Ireland is committed to support- have been very happy to make a grant of \30,000 ing the text produced by the President of the available to the ILIR, which is actively rep- General Assembly and will continue to work for resenting the interests of our undocumented. its early adoption. I will take advantage of any I very much hope to meet personally with the opportunity which may arise during my visit to ILIR during my visit to Washington. In addition the United States next week to set out our to my earlier reply, I take it that this envisaged position. meeting with the ILIR subsumes the sense of the Deputy’s question. Undocumented Irish Emigrants. 123. Mr. Durkan asked the Minister for For- Sports Capital Programme. eign Affairs if he will use his influence with the 125. Dr. Cowley asked the Minister for Arts, US authorities with a view to regularisation of the Sport and Tourism the action his Department undocumented Irish in the US; if he will seek a intends to take in relation to the sports capital concession with a view to an amnesty; and if he grant application submitted by a club (details will make a statement on the matter. [10000/06] supplied) in County Mayo; if his attention has been drawn to the fact that this club which was Minister for Foreign Affairs (Mr. D. Ahern): established in 1957 is the only dedicated hurling As the Deputy will be aware, the resolution of club in County Mayo; and if he will make a state- the status of the undocumented Irish in the ment on the matter. [9827/06] United States has a very high priority for the Government. Minister for Arts, Sport and Tourism (Mr. In pursuit of this priority, the coming St. O’Donoghue): The national lottery-funded sports Patrick’s Day period provides a particularly valu- capital programme, which is administered by my able opportunity for the Taoiseach and myself to Department, allocates funding to sporting and discuss all aspects of the situation with the Pres- community organisations at local, regional and ident, with his Administration and with leading national level throughout the country. The prog- figures in Congress, and to seek to advance the ramme is advertised on an annual basis. agenda in every way possible. However, and as Applications for funding under the 2006 prog- Deputies from different sides of the House will ramme were invited through advertisements in have learned at first hand from visits to Wash- the press on 27 and 28 November last. The closing ington, the question of an amnesty is simply not date for receipt of applications was 20 January on the legislative agenda in Congress at this time. 2006. All applications received before the dead- line, including one from the organisation in ques- 124. Mr. Ring asked the Minister for Foreign tion, are currently being evaluated against the Affairs if he will meet a deputation of undocu- programme’s assessment criteria, which are out- mented Irish people living in America on his lined in the guidelines, terms and conditions of forthcoming visit for St. Patrick’s Day. the programme. I intend to announce the grant [10007/06] allocations for the programme as soon as possible after the assessment process has been completed. Minister for Foreign Affairs (Mr. D. Ahern): I refer the Deputy to my reply to his question on 126. Mr. Allen asked the Minister for Arts, this issue last Tuesday which was as follows. The Sport and Tourism when a decision will be made programme for the St. Patrick’s Day period in on the application made under the sports capital Washington for the Taoiseach and myself is now programme 2006 by an association (details being finalised. We both would hope to meet the supplied) in view of the fact that the association Irish Lobby for Immigration Reform, which is is unable to proceed with its capital project due actively representing the interests of the undocu- to a shortfall in funding. [9845/06] mented, during our visit. In my reply of 28 February to the Deputy’s Minister for Arts, Sport and Tourism (Mr. question, I emphasised that a particular priority O’Donoghue): The national lottery-funded sports of the Taoiseach’s and my visit to Washington capital programme, which is administered by my over the St. Patrick’s Day period would be to con- Department, allocates funding to sporting and vey to President Bush and his Administration, community organisations at local, regional and and to key players in Congress, the Government’s national level throughout the country. The prog- strong support for measures to address the posi- ramme is advertised on an annual basis. tion of our undocumented. I am certain that our Applications for funding under the 2006 prog- undocumented citizens would share this priority. ramme were invited through advertisements in I am, as I likewise conveyed in my reply of 28 the press on 27 and 28 November last. The closing February, acutely aware of the concerns of the date for receipt of applications was 20 January undocumented, not least from my own visits to 2006. All applications received before the dead- the United States. These concerns are also con- line, including one from the organisation in ques- veyed through regular reports from the embassy tion, are currently being evaluated against the and consulates, including of meetings with the programme’s assessment criteria, which are out- Irish Lobby for Immigration Reform, ILIR. I lined in the guidelines, terms and conditions of 1019 Questions— 9 March 2006. Written Answers 1020

[Mr. O’Donoghue.] For my part, I will travel to Britain — our larg- the programme. I intend to announce the grant est tourism market. In Manchester, I will attend allocations for the programme as soon as possible the Council of Irish County Associations’ dinner after the assessment process has been completed. and other traditional St. Patrick’s Day events in the city, including Mass at the Irish World Heri- Sports and Recreational Development. tage Centre and the St. Patrick’s Day parade. 127. Mr. Bruton asked the Minister for Arts, Sport and Tourism his views on the option of Consumer Information. making the new stadium in Tallaght open to all 129. Mr. Coveney asked the Minister for football and other codes; and the reason this was Enterprise, Trade and Employment the steps the not the option chosen. [9849/06] Government are taking to ensure that consumers can have access to information (details Minister for Arts, Sport and Tourism (Mr. supplied). [9851/06] O’Donoghue): I welcome the recent decision taken by South Dublin County Council to com- Minister for Enterprise, Trade and Employ- plete the stadium at Tallaght to the specification ment (Mr. Martin): Under consumer legislation originally planned. While facilitating Eircom the application of a description to a product as to league football the Tallaght stadium is a priority, its place of manufacture, production, processing, this would not preclude usage of the facilities at etc., is called a trade description under section 2 Tallaght for other sports whose organisers deem (1)(b) of the Consumer Information Act 1978. It the facility to be suitable. The completed stadium is an offence to apply a false trade description to will remain in the control of South Dublin County a product. However, there is no compulsion on Council and, therefore, the management and suppliers to provide information on the origin of additional usage of the stadium and any ancillary their products. facilities will be a matter for the council to decide. The EU Commission, however, published a draft Council regulation in December 2005 pro- Official Engagements. posing the introduction of an origin marking regime to be introduced for certain specific prod- 128. Mr. Kehoe asked the Minister for Arts, ucts including textiles, clothing and shoes coming Sport and Tourism if he will be travelling abroad from outside the EU. Discussions are at an early for the St. Patrick’s Day festivities; and if so, the stage on this proposal and are within the frame- location he will be visiting; the functions he will work of the Article 133 committee, the common be attending; and the groups he will meet commercial policy. The common commercial with. [9934/06] policy covers trade rather than consumer matters. Minister for Arts, Sport and Tourism (Mr. O’Donoghue): St. Patrick’s Day has traditionally Official Engagements. signalled the start of the tourism season in 130. Mr. Kehoe asked the Minister for Ireland. With the international tourism market- Enterprise, Trade and Employment if he will be place becoming increasingly competitive and as a travelling abroad for the St. Patrick’s Day festivit- result of continuing global uncertainty, 2006 will ies; and if so, the location he will be visiting; the prove to be another challenging year for Irish functions he will be attending; and the groups he tourism and we will need to avail of all oppor- will meet with. [9935/06] tunities offered to us to build on the successes of recent years. The international celebration of St. Minister for Enterprise, Trade and Employ- Patrick is a unique opportunity to ensure that ment (Mr. Martin): I have no plans to travel Ireland is presented as a top class tourist desti- abroad for the St. Patrick’s Day festivities. nation to a wide and receptive audience. The key message in Tourism Ireland’s marketing prog- Social Welfare Benefits. ramme this year is “Discover your very own Ireland”. 131. Ms Shortall asked the Minister for Social This year, the Government will be represented and Family Affairs his policy in regard to the in most of our key tourism markets and other extension of free travel on buses; and if he will countries with potential for future growth. In that make a statement on the matter. [9954/06] context, I have urged all Government representa- tives to use any opportunity available during the Minister for Social and Family Affairs (Mr. course of their visits to promote tourism to the Brennan): The free travel scheme is available to island of Ireland. Towards this aim, I have pro- all people living in the State aged 66 years, or vided all Ministers travelling with comprehensive over, and to all carers in receipt of carer’s allow- briefing packs on tourism, including speaking ance and to carers of people in receipt of constant points and relevant background material on the attendance or prescribed relative’s allowance. It specific markets they are visiting, which will is also available to certain people with disabilities enable them to exploit the tourism promotional and people who are in receipt of certain welfare opportunities these visits inevitably present. type payments. 1021 Questions— 9 March 2006. Written Answers 1022

The scheme provides free travel on the main means test has been eased and the duration of public and private transport services for those eli- payment increased from 26 weeks to 29 weeks. gible under the scheme. These include road, rail In addition to the fuel allowance, over 320,000 and ferry services provided by companies such as pensioner and other households qualify for elec- Luas, Bus A´ tha Cliath, Bus E´ ireann and Iarnro´ d tricity or gas allowances through the household E´ ireann, as well as services provided by over 80 benefits package, payable towards their heating, private transport operators. The vast majority of light and cooking costs throughout the year, at an private contractors providing services under the overall cost of \109 million in 2005. As currently scheme operate in rural areas. My Department is structured, these allowances are linked to unit always willing to consider further applications energy consumption, so that these people are from licensed private transport operators who protected against unit price increases in elec- may wish to participate in the free travel scheme. tricity or gas. The most recent development in the free travel There is also a facility available through the scheme relates to the time restrictions which have supplementary welfare allowance scheme to assist been a feature of the free travel scheme since its people in certain circumstances that have special inception. From next Monday the morning heating needs. If a person has an exceptional restriction on free travel will be reduced by 45 heating cost by virtue of a particular infirmity or minutes — 9.45 a.m. to 9.00 a.m. as the start of medical condition which he or she is unable to reform in this area. Time restrictions do not apply meet out of household income, it is open to him on any transport services in the case of people or her to apply to the local community welfare with learning disabilities, people attending long- officer for a special heating supplement under the term rehabilitation courses or certain work supplementary welfare allowance scheme. experience programmes and certain other people However, the supplementary welfare allowance with disabilities or visual impairment. These scheme is not intended to meet ongoing fuel costs people are issued with an unrestricted free travel or storage heater costs. pass which enables them to travel during the nor- The Department of Environment, Heritage mally restricted travel times. There are no peak and Local Government administer a scheme of time travel restrictions on Luas, DART, sub- special housing aid for the elderly. The scope of urban rail services, and on services provided by this scheme includes the provision of suitable private transport operators in other parts of the heating systems. Applications for this special country. housing aid can be made through the community I am continuing to keep this issue under review care department of the Health Service Executive. and to work towards the complete abolition of the time restrictions. 133. Mr. Naughten asked the Minister for Social and Family Affairs the rates for the dietary 132. Mr. Naughten asked the Minister for allowance; his plans to review this in view of the Social and Family Affairs his plans to increase the high cost of specialist foods; and if he will make fuel allowance, especially for elderly people with a statement on the matter. [9884/06] oil fired central heating who face large lump sum bills; if supplementary welfare allowance can be Minister for Social and Family Affairs (Mr. utilised for such purposes or for elderly people Brennan): Diet supplements are provided who wish to install storage heaters; and if he will through the supplementary welfare allowance make a statement on the matter. [9880/06] scheme which is administered on my behalf by the community welfare division of the Health Minister for Social and Family Affairs (Mr. Service Executive. Brennan): The aim of the national fuel scheme is Any person who is receiving a social welfare or to assist householders on long-term social welfare health service executive payment, who has been or health service executive payments with meet- prescribed a special diet as a result of a specified ing the cost of their additional heating needs dur- medical condition and who is unable to provide ing the winter season. Fuel allowances are paid for his or her food needs from within his or her for 29 weeks from end-September to mid-April. own resources, may qualify for a diet supplement The allowance represents a contribution towards under the supplementary welfare allowance a person’s normal heating expenses. In addition, scheme. many of the households concerned qualify for With effect from 1 January 2004 the diet sup- electricity or gas allowances. Some 264,400 plement scheme was restructured to take account customers — 145,800 with basic fuel allowance of increases in both social welfare payment rates and 118,600 with smokeless fuel supplement — and the rate of food inflation since 1996. will benefit in 2006 at an estimated cost of In the case of new applicants for diet sup- \125.1 million. plement the amount of supplement payable is Budget 2006 provided for an increase in the based on increased up-to-date diet costs, \44 for rate of fuel allowance of \5.00 from \9.00 to lower cost diets or \57 for higher cost diets, less \14.00, \17.90 in designated smokeless areas. This one third of the applicant’s income or one sixth is an increase of between 38% and 55%. The of the joint income in the case of a couple. The scheme has been improved in recent budgets. The assessment of individual entitlements takes 1023 Questions— 9 March 2006. Written Answers 1024

[Mr. Brennan.] Minister for Social and Family Affairs (Mr. account of the annual increases in primary social Brennan): In order to be entitled to unemploy- welfare rates since 2004. ment benefit, UB, or unemployment assistance, As diet supplements are subject to a means UA, social welfare legislation provides that, test, the amount payable in any individual case among other conditions, a person must satisfy the depends on the applicant’s income and other condition of genuinely seeking work. aspects of the household’s circumstances as well A table showing the number of customers who on the type of diet that has been prescribed. For made an application for unemployment assistance example, in the case of a single person on dis- in 2005 together with those who were disallowed ability allowance with no other income, who has as not genuinely seeking work is set out below. been prescribed a high cost diet, the amount pay- A deciding officer will take a number of factors able at present is \12.07 per week. The most typi- into account in deciding whether a customer is cal payments are in the range \5.00 to \7.99 per genuinely seeking work. Any steps that a person week which account for 42.5% of all payments. has taken to secure employment will be taken Because increases in the social welfare pay- into consideration, provided they offer a reason- ment rates were higher than food price inflation able chance of the person getting employment. since 1996, the shortfall to be met by the diet sup- The steps that are expected to be taken, to seek plement is less than it was in the past. However, work will vary from person to person and sea- as a special arrangement, people who were in sonal factors may also be a consideration. In receipt of a diet supplement prior to the introduc- determining what are reasonable steps, the decid- tion of the revised regulations on 1 January 2004 ing officer considers the nature and conditions of continue to receive their existing rate of sup- the employment sought and the individual cir- plement until such time as there is a change in cumstances of the persons concerned, including their circumstances that would warrant a review their level of skills and-or qualifications for the of their cases. employment in question having regard to the In order to inform a re-appraisal of the scheme, state of the labour market and existing labour my Department commissioned a study by an market opportunities. expert from the Irish Nutrition and Dietetic Any person who fails to satisfy the deciding Institute. officer that he or she is genuinely seeking work is The study examined the special diets pre- not entitled to an unemployment payment. scribed in legislation for which assistance is avail- Where a person is dissatisfied with a decision able through the existing diet supplement made by a deciding officer he or she may appeal scheme. The study also considered the appro- this decision to the social welfare appeals office. priate level of assistance required to cater for any The details requested by the Deputy have been additional costs involved in providing for neces- compiled from data that is maintained on a local sary special diets, relative to the cost of a normal office catchment area basis and these do not cor- healthy eating diet. This report was formally respond exactly with county boundaries. presented to me in January 2006. UA Applications My Department is finalising a revised scheme which will take account of the findings and recommendations of the study and I would hope County 2005 Not GSW to be in a position in the near future to introduce regulations to provide for this. Pending finalis- Carlow 1,340 33 ation of the revised scheme, diet supplements Cavan 1,133 11 continue to be provided for existing recipients Clare 2,274 24 and new applicants as heretofore. Cork 9,969 99 Donegal 5,674 41 134. Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) Dublin 24,797 292 in County Mayo will be approved and awarded Galway 5,730 37 the respite care grant. [9903/06] Kerry 3,199 20 Kildare 2,591 15 Minister for Social and Family Affairs (Mr. Kilkenny 1,716 10 Brennan): The application for a respite care grant from the person to whom the Deputy refers was Laois 1,022 13 successful. The payment issued on 28 February Leitrim 584 7 2006. Limerick 4,320 52 Longford 871 0 135. Mr. Ring asked the Minister for Social and Louth 3,580 18 Family Affairs the number of people on a county Mayo 2,943 80 basis who applied for unemployment assistance; the number of these who were refused on the Meath 2,255 7 basis that they were not genuinely seeking Monaghan 1,210 38 work. [9907/06] Offaly 1,482 2 1025 Questions— 9 March 2006. Written Answers 1026

County 2005 Not GSW Driving Tests. 138. Ms Shortall asked the Minister for Trans- Roscommon 919 11 port, further to his recent public comments, his Sligo 1,494 3 plans to require qualified drivers sit a re-test for Tipperary 3,434 27 renewal of their driving licence; the timescale he Waterford 3,194 16 is working to on this proposal; and if he will make Westmeath 1,893 4 a statement on the matter. [9813/06] Wexford 3,256 36 143. Mr. J. O’Keeffe asked the Minister for Wicklow 2,161 33 Transport his proposals for the re-testing of quali- fied drivers to include those with years of acci- Total 93,041 930 dent-free experience; and the details of such pro- Note: “UA Applications” refers to unemployment assistance posals and the rationale therefor. [9916/06] claims that were registered in the year 2005. “Not GSW” refers to decisions that were finalised in 2005 on claims regis- Minister for Transport (Mr. Cullen): I propose tered in 2005. to take Questions Nos. 138 and 143 together. I refer the Deputies to my reply to Question Official Engagements. No. 151 of 8 March 2006. I am keeping potential 136. Mr. Kehoe asked the Minister for Social revision of licensing regulations generally under and Family Affairs if he will be travelling abroad review. However, my priority is the elimination of for the St. Patrick’s Day festivities; and if so, the the present backlog. In terms of existing qualified location he will be visiting; the functions he will drivers re-sitting the test, my primary focus will be attending; and the groups he will meet be on the position in regard to drivers who have with. [9936/06] been disqualified, particularly as a result of drink driving. Minister for Social and Family Affairs (Mr. Brennan): I will be representing the Government Public Transport. in Boston at a number of engagements, events 139. Ms O. Mitchell asked the Minister for and festivities to celebrate and mark St. Patrick’s Transport if he will ensure agencies under his Day in the USA. remit such as the National Roads Authority, My itinerary includes an address that will focus Dublin Bus and Bus E´ ireann are aware of and on Ireland’s knowledge economy to the Irish implement national policy on facilitating and pro- Association at Massachusetts Institute of Tech- moting public transport and that where new roads nology, and an address at a breakfast to mark the require the relocation of bus stops, such stops are expansion of the operations of the Irish software located to encourage increased public transport company — Candidate Manager. I will also speak use, and to remind him that this is a policy issue at an Irish-American partnership breakfast, and for which he must take responsibility. [9852/06] address an Ireland Chamber of Commerce, Minister for Transport (Mr. Cullen): All the ICCUSA, St. Patrick’s Day brunch. agencies under the aegis of my Department are I will also be meeting Irish immigration organ- fully aware of their commitments to the pro- isations and support groups located in the Boston motion of public transport, with particular refer- area and attending the formal opening of a major ence to the implementation of Transport 21. new exhibition at the JFK Library on President The powers to determine the locations for the Kennedy’s visit to Ireland in June 1963. provision of bus stops is vested in the Garda Commissioner under section 85 of the Road State Property. Traffic Act 1961. Under that section, the Com- missioner may issue a direction to a bus operator 137. Mr. Boyle asked the Minister for Trans- identifying the specific location of bus stops and port if alternative premises are to be sourced for termini in respect of any bus route and, in that the Crosshaven unit of the Irish Coast Guard, due context, may determine that certain stops may to the impending sale by the Office of Public only be used for passengers boarding or leaving Works of the site from which the unit currently buses. I understand the Garda engages in a con- operates. [9950/06] sultation process with both the local authority and the bus service provider before issuing a Minister for Transport (Mr. Cullen): The direction under section 85. The NRA, Bus Office of Public Works, OPW, is currently E´ ireann and Dublin Bus are aware of these statu- engaged in the sale of property surplus to State tory provisions. requirements at the Coast Guard Cottages prem- ises in Crosshaven, County Cork. As part of State National Car Test. requirements, the OPW is reserving a site for a 140. Ms Shortall asked the Minister for Trans- modern station house for the Crosshaven coastal port further to Question No. 179 of 2 March 2006, unit on the property. 1027 Questions— 9 March 2006. Written Answers 1028

[Ms Shortall.] for the Department of Communications, Marine in relation to the supervision services contractor and Natural Resources, through the fishery har- engaged by his Department to oversee the NCTS bour development programme. contract, if minimum time allocations are set for each of the three parts of the test; if records are Driving Tests. available to show actual time spent on each part; and if he will request an examination of this and 142. Mr. J. O’Keeffe asked the Minister for make that information available to Da´il Transport the number of people on the waiting E´ ireann. [9878/06] list for driving tests; and the average delay in obtaining same. [9911/06] Minister for Transport (Mr. Cullen): The Department of Transport does not set minimum Minister for Transport (Mr. Cullen): At 27 time allocations for the three parts of the test. February 2006, 130,500 people were on the wait- ing list for a driving test. The average waiting time for a driving test is 32 weeks. Harbours and Piers. 141. Mr. J. O’Keeffe asked the Minister for Question No. 143 answered with Question Transport the proposed plans and options avail- No. 138. able to Kinsale Harbour Commissioners in relation to its future; the funding which will be Official Engagements. made available towards its development plans to 144. Mr. Kehoe asked the Minister for Trans- Adams Quay and otherwise; and if he will make port if he will be travelling abroad for the St. a statement on the matter. [9910/06] Patrick’s Day festivities; and if so, the location he will be visiting; the functions he will be attending; Minister for Transport (Mr. Cullen): Responsi- and the groups he will meet with. [9937/06] bility for Kinsale Harbour has transferred from the Department of Communications, Marine and Minister for Transport (Mr. Cullen): In line Natural Resources to the Department of Trans- with the Government decision this week, I will be port with effect from 1 January 2006. travelling to New York for the St. Patrick’s Day The Government’s ports policy statement, festivities over the day period 15 to 17 March. which was launched in January 2005, states that The speaking functions I will be attending the continued operation of many of the regional include the Jerry McCabe Fellowship breakfast at harbours under the outdated provisions of the John Jay College, the official opening of the Harbours Act 1946 is unsustainable on the second phase of the New York Irish Center in grounds of good governance. The policy state- Long Island City, the Shannon Airport-west of ment reiterated the view that these harbours Ireland Trade and tourism breakfast at the Irish would best achieve their potential through their Consulate, the Ireland-U.S. Council. the Top 100 transfer to local authority ownership or, where event at Central Park South, the Co-operation this is not possible, sale to the private sector Ireland dinner, The New York Mayor’s Patrick’s would be considered. In harbours where signifi- Day breakfast at Gracie Mansion, mass at St. cant commercial traffic exists consideration will Patrick’s Cathedral, the Governor’s Patrick’s Day be given to bringing them under the control of a event, the annual St. Patrick’s Day parade on port company. Fifth Avenue and a function with the Knights of The Department is working with the Depart- St. Patrick. In addition a number of press and ment of the Environment, Heritage and Local radio opportunities are scheduled over the course Government to advance the implementation of of the three days. I will be accompanied by both the ports policy statement with regard to the my private secretary and press officer on these transfer of the designated regional harbours to engagements their respective local authorities, where appro- priate, and to proceed individually in conjunction with the relevant local authorities and harbour Dublin Port Tunnel. authorities, having regard to local requirements 145. Mr. F. McGrath asked the Minister for in each case. Transport the reason for 30 workers being injured Kinsale Harbour is a candidate for transfer to recently; if he is satisfied with the water in the local authority control. As the harbour is situated port tunnel as it has a pH reading of over 10; and in the functional area of Cork County Council, if he will make a statement on safety issues on the Department of the Environment, Heritage this transport project. [9948/06] and Local Government requested the council to undertake an overall assessment of the potential Minister for Transport (Mr. Cullen): The plan- of the harbour for transfer. This report has been ning, design and implementation of national road received and is currently being assessed. improvement projects, including the Dublin Port Adams Quay is a fishery facility within Kinsale tunnel, is a matter for the National Roads Auth- Harbour. The question of any funding for the ority and the local authorities concerned. As development of Adams Quay would be a matter regards the issues raised by the Deputy, these are 1029 Questions— 9 March 2006. Written Answers 1030 day-to-day matters for Dublin City Council and Bus and Irish Rail services and between Luas and not for me to report on. some private operators. Separately, an integrated ticketing scheme using smart technology is being State Airports. developed. As we move more and more towards a multi- 146. Ms Shortall asked the Minister for Trans- modal and multi-operator transport system, and port his policy in relation to the return or disposal developing legislation in that regard, I will be of items confiscated by airport security personnel reviewing the extent to which current legal pro- at boarding checkpoints at the State’s airports; visions support integration in such an envir- the accounting system in place for confiscated onment. In this context, my mandate to the items; the retrieval-reclaim procedures in place Dublin Transportation Authority establishment for confiscated items; if a proceeds fund exists; if team asked it, when considering the remit of the so, its value and the way in which it is dispersed proposed authority, to have regard to the delivery and to whom; the statistics available to him on of an integrated system for the greater Dublin the quantity and value of confiscated items; and area. I expect to receive the team’s report shortly. if he will provide any further information avail- able to him on what happens to confiscated items. [9953/06] Dormant Accounts Fund. 148. Mr. O’Shea asked the Minister for Com- Minister for Transport (Mr. Cullen): The dis- munity, Rural and Gaeltacht Affairs if, further to posal or return of items confiscated by airport the dormant accounts fund, an estimate has been security personnel during security screening at made of the number of dormant accounts and the the State airports is a day-to-day operational amount of money involved which relate to Irish matter for the relevant airport authority and I emigrants who had opened bank accounts here have no function in this matter. but never returned to collect their money (details supplied); and if he will make a statement on the Public Transport. matter. [9927/06]

147. Ms C. Murphy asked the Minister for Minister of State at the Department of Com- Transport the consideration which has been given munity, Rural and Gaeltacht Affairs (Mr. N. to passenger issues in a multi-provider public bus Ahern): I refer the Deputy to my reply to Ques- service environment regarding timetabling, bus tion No. 913 on 25 January 2006 relating to stop, bus terminus provision and integrated tick- Exchequer funding for vulnerable Irish communi- eting; and if he will make a statement on the ties abroad. matter. [10001/06] Under the Dormant Accounts Acts 2001 to 2005, information regarding those who opened Minister for Transport (Mr. Cullen): The accounts that have been deemed dormant Department of Transport has adopted a set of accounts is maintained by the relevant financial guiding principles on integrated transport which institutions so that funds can be repatriated to inform its approach to policy and project devel- these persons or their successors where possible. opments across the Department. The guiding It is a matter for Government to decide how principles are set out in the Department’s state- moneys in the dormant accounts fund are to be ment of strategy 2005-07. disbursed in pursuit of broad objectives, and in There is also a major emphasis on integration accordance with procedures, as laid down in the in the Transport 21 investment programme. legislation. The legislation does not specify that There is a particular focus on the development of the address or status of the original account hold- an integrated multi-modal public transport ers should be taken into account as criteria for system in the greater Dublin area, with attention disbursal. Accordingly, no estimate of the nature being paid to the various facets of integration, referred to by the Deputy has been made and including service integration, interchange, park there are no plans at present to do so. and ride, ticketing and information. As regards the specific projects to which the Deputy refers, Bus E´ ireann is particularly con- Official Engagements. scious of timetabling its services to link to rail 149. Mr. Kehoe asked the Minister for Com- services and to provide integrated services across munity, Rural and Gaeltacht Affairs if he will be the country. travelling abroad for the St. Patrick’s Day festivit- The approval of bus stops is a matter for local ies; and if so, the location he will be visiting; the authorities who consult with operators and Garda functions he will be attending; and the groups he Sı´ocha´na and the achievement of integration as will meet with. [9938/06] far as possible at the local level is one of the con- siderations taken into account. Minister for Community, Rural and Gaeltacht There is a significant degree of integration of Affairs (E´ amon O´ Cuı´v): I will be travelling to ticketing at the present time. Integrated tickets New Zealand for the St. Patrick’s Day festivities. are available for transfer between Luas, Dublin I will visit Auckland, Wellington, Tauranga and 1031 Questions— 9 March 2006. Written Answers 1032

[E´ amon O´ Cuı´v.] Midnight Conclusion of banquet, return to hotel Christchurch, and my visit will focus on developing links with Irish community groups. I Sunday 12th March will participate in traditional St. Patrick’s Day 09.30 Depart hotel for Auckland Domestic Airport events, including the St. Patrick’s Day festival 10.45 Domestic flight Tauranga parade and banquet in Auckland. I will also 11.20 Arrive Tauranga Airport and transported to Hotel attend the Wellington Irish Society dinner and Hutt Valley Irish Society supper. 12.00 Attend Irish Fair Day — details to be confirmed New Zealand is a small economy but, like 15.00 Transported to Hotel Ireland’s, one of the most open economies in the 17.30 Mayoral Reception, His Worship Mayor Stuart world. There is great potential to enhance econ- Crosby omic ties between Ireland and New Zealand. 19.00 Dinner at venue to be confirmed Total trade with New Zealand in 2004 was valued 22.00 Return to hotel at approximately \83 million. The year 2004 wit- nessed a 34% increase on the 2003 figures for vis- Monday 13th March itors from New Zealand to Ireland, and there will 09.00 Depart hotel for Tauranga Domestic Airport be a significant economic and tourism focus to many of the events I will attend. I will also be 10.15 Domestic flight Wellington looking at developments in rural tourism, as New 11.30 Arrive Wellington Airport, transported to hotel Zealand is regarded as one of the premier desti- 12.30-14.00 Transfer to the Maori Language Commission, nations in this regard, as well as touching on New Level 14, Investment Centre, Corner Feather- Zealand strategies in support of their minority ston & Balance Streets, Wellington, for lunch meeting with the Chief Executive Officer, Mr. language. Haami Piripi to discuss preservation and I include my draft schedule for this visit for the development of languages Deputy’s information. 14.15 Walk to next meetings ´ 2006 St. Patrick’s Festival Visit — New Zealand 14.30 Minister O Cuı´v meets with Minister Luamanuvao Winnie Laban, Minister of the Community and Vol- Minister’s Draft Itinerary untary Sector — to be confirmed. (separate meeting) Friday 10th March 15.30 Minister returns to hotel 10.50 E´ amon O Cuı´v TD, Minister of Community, Rural 18.00 Dinner at location to be confirmed and Gaeltacht Affairs and his wife A´ ine Uı´ Chuı´v and Party arrive Auckland International Airport 19.45 Transported to the Wellington Irish Society Club- rooms for function hosted by the Wellington Irish Met by Honorary Consul General, Rodney HC Society Walshe and Vice Consul Darragh Walshe along with representative of Distinguished Visitors Division of 20.00 Irish Society Function Internal Affairs, Ross McLeod or Frances Reynolds 22.00 Return to Hotel 11.30 Depart airport for hotel Tuesday 14th March PM Rest 09.15 Transfer to Beehive from hotel Saturday 11th March 09.30 Hon. Damien O’Connor, Minister of Tourism at the Beehive, 5th Floor (5.3) to discuss New Zealand’s 11.30 Depart hotel for St. Patrick’s Festival Parade meet- experiences in visitor access to rural land and to sea ing point and lake shore 12.00 Participate in St. Patrick’s Festival Parade 10.30 Transfer from Beehive to Hotel 12.30 Parade concludes and Music Festival commences at 13.00 Lunch at a venue to be confirmed Aotea Square 13.45 Transfer to Beehive for presentation to Parliament 13.00 Join Mayor of Auckland City, His Worship Dick Hubbard in the opening of the St. Patrick’s Music 14.00 Presentation of Minister to Parliament to be Festival at Aotea Square, draw a prize for tickets to confirmed the U2 concert the following week. 14.30 Beehive tour 14.30 Return to hotel 15.00 Return to hotel 19.00 Depart hotel 15.45 Transfer to Beehive for meeting with Minister of 19.15 Attend the St. Patrick’s Festival Banquet. The Prime Conservation, Housing and Ethnic Affairs Minister Rt. Hon Helen Clark, or her Deputy will be 16.00 Meeting with the Honourable Mr. Chris Carter, in attendance. Also in attendance will be His Minister for Conservation, Housing and Ethnic Worship Garry Moore, Mayor of Christchurch, and Affairs, at the Beehive four of Auckland Region’s mayors; His Worship Dick Hubbard, Mayor of Auckland City, His 18.00 Return to hotel Worship, Bob Harvey, Mayor of Waitakere City, His 18.30 Dinner at hotel Worship Sir Barry Curtis, Mayor of Manukau City and His Worship George Wood, Mayor of North 19.15 Transported to the Hutt Valley Irish Society for Shore City along with Mike Lee, Chairman, Auck- Supper land Regional Council. Minister to respond to the 20.00 Hutt Valley Irish Society Supper at the Hutt Valley Toast to St. Patrick proposed by the Prime Minister Irish Society Clubrooms with a toast to “The Irish and the Friends of the Irish in New Zealand” 22.00 Return to Hotel 1033 Questions— 9 March 2006. Written Answers 1034

Wednesday 15th March Minister for Agriculture and Food (Mary 09.15 Depart hotel for Wellington Domestic Airport Coughlan): The person named submitted an application under the single payment scheme on 10.20 Domestic flight to Christchurch 12 May 2005. He also included an application to 11.15 Arrive Christchurch Airport, transported to Hotel consolidate his entitlements under the scheme. 17.00 Transported to the Christchurch Irish Society for Following an initial examination of the consoli- function attended by Mayor of Christchurch, His dation application, it was noted that the person Worship Garry Moore named declared 4.60 hectares of potatoes on his 19.30 Return to Hotel 2005 single payment application. In accordance 20.00 Dinner at location to be confirmed with Article 51 of Council Regulation (EC) No. 1782/2003, lands used for the production of Thursday 16th March potatoes and-or fruit-vegetables declared by 09.00 Depart hotel for Christchurch Domestic Airport applicants under the single payment scheme are not eligible to benefit from payment but these 10.30 Domestic Flight Auckland hectares must be included in the number of con- 11.50 Arrive Auckland Domestic Airport and transported solidated entitlements established for the appli- to Hotel cant. My Department issued a letter to the person PM Walkway site briefing — arranged by Auckland named on 7 March 2006 outlining the position Tourism and requesting that he indicate whether he wished to proceed or withdraw his consolidation Friday 17th March application. Upon receipt of a reply from the per- 06.30 Transported to Auckland Harbour Bridge, Transit son named, my Department will be in a position Services Area to complete processing of his application and 07.00 Climb Auckland Harbour Bridge to raise the Irish arrange for payment to issue. Flag 08.00 Return to hotel 152. Mr. Deenihan asked the Minister for Agri- culture and Food the reason a payment under the 08.20 TV Interview single farm payment scheme will not be made to 09.00 Transported to Claddagh Irish Bar, Newmarket to a person (details supplied) in County Kerry; and attend Starship Hospital Charity Breakfast if she will make a statement on the matter. 10.30 Attend Youth Mass and Auckland Irish Society [9826/06] function followed by lunch 14.30 Return to hotel Minister for Agriculture and Food (Mary Coughlan): My Department has no record of 16.45 Transfer to the Auckland Club receiving a 2005 single payment application from 17.00 Attend the Irish Consulate General cocktail recep- the person named. tion to be held at the Auckland Club 19.00 Transfer via hotel to attend Irish function 153. Mr. Naughten asked the Minister for Agri- TBC Return to Hotel culture and Food if a person (details supplied) in County Roscommon has received their REP Saturday 18th March scheme payment; if all outstanding issues have AM Rest been resolved; and if she will make a statement on the matter. [9883/06] 13.00 Depart hotel for Auckland International Airport 15.30 Delegation depart on International Flight Minister for Agriculture and Food (Mary Coughlan): Full payment issued to the person Grant Payments. named on 30 January 2006. 150. Mr. Deenihan asked the Minister for Agri- 154. Mr. G. Murphy asked the Minister for culture and Food when payment under the single Agriculture and Food the position regarding the payment scheme will be awarded to a person case of a person (details supplied); the single pay- (details supplied) in County Kerry; and if she will ment entitlements a person had; the amount a make a statement on the matter. [9802/06] person will be receiving from her Department; when the moneys will be paid out; and if she will Minister for Agriculture and Food (Mary make a statement on the matter. [9886/06] Coughlan): My Department has no record of receiving a 2005 single payment application from Minister for Agriculture and Food (Mary the person named. Coughlan): The person named submitted an application under the inheritance measure of the 151. Mr. Deenihan asked the Minister for Agri- single payment scheme 2005. This application has culture and Food when payment under the single been successfully processed and the entitlements payment scheme will be awarded to a person have been transferred to the person named. The (details supplied) in County Kerry; and if she will person named also submitted a private contract make a statement on the matter. [9803/06] clause to transfer to another farmer by lease 1035 Questions— 9 March 2006. Written Answers 1036

[Mary Coughlan.] Grant Payments. agreement 8.92 hectares and the corresponding 157. Mr. Kehoe asked the Minister for Agri- amount of entitlements. This application has been culture and Food if a person (details supplied) in successfully processed. The applicant is not County Wexford can appeal the single farm pay- entitled to benefit from the single payment in ment decision; and if she will make a statement 2005, as she did not declare any lands on her on the matter. [9955/06] application. An official from my Department has been in direct contact with the person named and Minister for Agriculture and Food (Mary explained the position to her. Coughlan): The 2002 area aid application of the person named was fully processed with a forage 155. Mr. Deenihan asked the Minister for Agri- area determined for payment purposes of 24.15 culture and Food when a payment under the sin- hectares. All of the land was deemed to be owned gle payment scheme will be made to a person by the herdowner. The statement of provisional (details supplied) in County Kerry; and if she will entitlements, which issued to all farmers in 2004, make a statement on the matter. [9909/06] provided for a review of the calculation of the entitlements, where the person concerned con- Minister for Agriculture and Food (Mary sidered that the calculation did not accurately Coughlan): While an application under the 2005 reflect the farming activity during the reference single payment scheme was received from the period. No such request was received from the person named on 9 May 2005, he also submitted person named. an application under the inheritance measure of Question No. 158 answered with Question the single payment scheme. Some queries arose No. 22. during the initial processing of the inheritance application and these have now been resolved. Question No. 159 answered with Question This transfer has been completed and payment No. 38. will issue to the person named shortly. Family Support Funding. Official Engagements. 160. Dr. Cowley asked the Minister for Justice, 156. Mr. Kehoe asked the Minister for Agri- Equality and Law Reform if he intends to provide culture and Food if she will be travelling abroad funding for the Fathers for Justice group in view for the St. Patrick’s Day festivities; and if so, the of the fact that their website currently has 5,000 location she will be visiting; the functions she will hits a month; and if he will make a statement on be attending; and the groups she will meet the matter. [9834/06] with. [9939/06] Minister for Justice, Equality and Law Reform Minister for Agriculture and Food (Mary (Mr. McDowell): There is a provision of \50,000 Coughlan): I will visit Prague in the Czech in my Vote for 2006 to make a one off grant avail- Republic from 16 to 19 March where I will be the able to the Separated and Unmarried Fathers of guest of honour at the ambassador’s St. Patrick’s Ireland. There are no further moneys in my Day reception for senior representatives from the Department out of which funding can be made business, trade and tourism and cultural sectors, available to this group. and the Irish community. I will also participate in a number of Bord Bia sponsored events to Garda Equipment. market Irish products in the growing Czech 161. Ms O. Mitchell asked the Minister for market, including an in-store promotion, media Justice, Equality and Law Reform if he will presentation and a business lunch for key Czech ensure the allocation of additional Garda moun- agents and distributors. I will be guest of honour tain bikes to the parts of south Dublin where the at the Czech-Irish Business Association St. population and area to be policed is expanding Patrick’s Day annual dinner on Saturday, 18 rapidly. [9843/06] March. On Sunday, I will attend a St. Patrick’s Day mass for members of the Irish community. In Minister for Justice, Equality and Law Reform addition, I will hold bilateral talks with the Czech (Mr. McDowell): I have been informed by the Minister for Agriculture on a range of issues, Garda authorities, who are responsible for the including WTO and CAP policy as well as with detailed allocation of resources, including person- local authorities on matters of mutual interest. nel, that the assistant commissioner of the DMR Irish exports to the Czech Republic grew by over is currently reviewing the deployment of moun- 10% in 2004 and showed a year-on-year expan- tain bikes in the DMR, including south Dublin sion of over 24% in the first half of 2005. There stations, with a view to the expansion and estab- lishment of new units. Garda management are already approximately 50 Irish companies further states that arrangements are in place for operating in the Czech Republic. training to be delivered nationally throughout 1037 Questions— 9 March 2006. Written Answers 1038

2006. The first delivery of mountain bikes for dation arrangements will be changed; and if he 2006 has been received and they will be deployed will make a statement on the matter. [9846/06] in the coming months to expand existing units and establish new units. Minister for Justice, Equality and Law Reform I have been informed by the Garda authorities, (Mr. McDowell): The reception and integration who are responsible for the detailed allocation of agency, RIA, of my Department is responsible resources, including personnel, that as of 31 for the accommodation of asylum seekers and January 2006, 118 Garda mountain bikes form the currently has a portfolio of 65 centres across the Garda mountain bike fleet, 11 of which are State for this purpose. attached to the training function. A total of 65 In March 2005, there a total of 8,080 asylum mountain bikes are allocated for operational duty seekers were accommodated by the RIA. in the Dublin Metropolitan Region, deployed as Approximately 3,500 residents applied for leave set out hereunder: to remain in the State under the Irish born chil- dren, IBC, measures announced on 17 December DMR South Central Division 2004. Almost all of these residents have now left the RIA accommodation and, as of 24 February Pearse Street 4 2006, 4,892 asylum seekers were resident in Kevin Street 3 accommodation centres. Within a relatively short Kilmainham 1 space of time, the numbers requiring accommo- Donnybrook 2 dation have reduced and it is incumbent on the RIA to use the accommodation at its disposal in DMR North Central Division the most effective way and to provide the best Store Street 6 value for money for the Department and the tax- Fitzgibbon Street 1 payer. In addition to the exodus of families with Mountjoy 1 IBC from RIA accommodation, the numbers and Bridewell 2 profile of persons seeking asylum have changed. DMR South Division The number of families seeking asylum in the State has dropped and RIA accommodation must Tallaght 6 reflect this reality. In order to address the Terenure 2 reduction in numbers and the change in profile, DMR North Division the RIA embarked on a programme of downsiz- Raheny 2 ing of its accommodation portfolio. This is Clontarf 3 intended to bring supply and demand into Howth 2 balance and will include the re-classification of some of the accommodation centres in order to Ballymun 2 optimise usage and obtain value for money. This Coolock 2 downsizing has included the closure of 15 centres DMR East Division with a combined capacity of 833 beds during Bray 3 2005. To date in 2006, four centres with a com- Blackrock 2 bined capacity of approximately 270 beds have Stepaside 1 been closed and further closures and re-classifi- Dundrum 1 cations are planned. Overall, the current downsiz- ing has led to the closure of two accommodation Du´ n Laoghaire 2 centres in County Mayo. There are now only two DMR West Division centres remaining in County Mayo, one of which Blanchardstown 6 is in Kiltimagh. Ballyfermot 2 In the case of the centre in Kiltimagh, the RIA Clondalkin 2 considered it to be suitable for possible re-classifi- Ronanstown 3 cation from family to single person accommo- dation. As part of the reclassification of this Finglas 2 centre, the RIA intended to relocate its families Lucan 2 to other centres where they could benefit from special facilities for children and young people I am further informed that 229 Garda personnel including pre-school facilities. For a number of allocated to the Dublin metropolitan region have reasons, the RIA has agreed that the families been trained and equipped for mountain bike with school going children who currently reside duties. at the centre will be allowed to remain there at least until the end of the current school year. Asylum Support Services. The centre consists of two buildings, the Rail- way Hotel and the annex, which is located across 162. Dr. Cowley asked the Minister for Justice, the road. The RIA has recently allocated nine Equality and Law Reform his plans for the town single males to this building and a number of of Kiltimagh, County Mayo with regard to accom- further placements will be made this week. Dis- modation for asylum seekers; if the accommo- 1039 Questions— 9 March 2006. Written Answers 1040

[Mr. McDowell.] criteria for entry to the Garda Sı´ocha´na in so far cussions have taken place with various groups as it related to the maximum age of entry to the such as Irish Rural Development, Le Che´ile Sup- Garda Sı´ocha´na. This arose from the need to port Group, Intercultural Ireland, Castlebar, and implement Directive 2000/78/EC, which, inter St. Aidan’s National School and we understand alia, prohibits discrimination in employment on that there is now a greater understanding of the the grounds of age. proposed new arrangements and the reasons for In November 2004, on foot of recom- these changes. mendations from the Garda Commissioner on the The RIA understands the degree of anxiety or matter, I increased the upper age limit for entry unease that a local population may feel if a centre to the Garda Sı´ocha´na from 26 to 35. This profile is changed from women, children and important change has extended the opportunity small babies to single persons. It is the RIA’s to many more people of a career in the Garda experience that such feelings dissipate as the local Sı´ocha´na and increases the pool of talent avail- population comes to know the individuals con- able to the force on an on-going basis. The cerned and their practical experience of the change has already had a beneficial effect, with a centre operation allays their initial concerns. The significant percentage of recent recruits coming RIA currently has in its accommodation portfolio within the extended age range. There are no 16 male only centres and no significant issues plans to make any further amendments to the age have arisen at these locations. In addition, the limit at this time. RIA has embarked on the re-classification of a portion of some of its larger family centres in order to accommodate single persons alongside Deportation Orders. families in counties Sligo, Meath and Monaghan. 165. Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will defer his pro- Citizenship Applications. posals to deport a person (details supplied) in Dublin 2 to facilitate a surgical procedure sched- 163. Mr. Penrose asked the Minister for Justice, uled in view of the fact that such a procedure will Equality and Law Reform the steps he will take not be available in the person’s homeland; and if to ensure that the letter relating the decision by he will make a statement on the matter. his Department to approve the application for a [9896/06] certificate of naturalisation by a person (details supplied) in County Westmeath is conveyed to Minister for Justice, Equality and Law Reform that person; and if he will make a statement on (Mr. McDowell): The person concerned arrived the matter. [9870/06] in the State on 17 May 2005 and claimed asylum. Her asylum claim was independently investigated Minister for Justice, Equality and Law Reform by the Office of the Refugee Applications Com- (Mr. McDowell): I informed the Deputy on 29 missioner and, on appeal, by the Refugee November that I had recently approved the appli- cation for a certificate of naturalisation by the Appeals Tribunal, both of which concluded that person referred to and that a letter conveying my she did not meet the criteria for recognition as decision as well as the procedures which must be a refugee. finalised before the certificate could issue would The person concerned had her case considered be sent to the person concerned within a week under section 3 of the Immigration Act 1999, as or so. Unfortunately the issue of this letter was amended, and section 5 of the Refugee Act 1996, overlooked in the citizenship section of my as amended, on the prohibition of refoulement Department and the letter only issued in the last following which I signed a deportation order in few days. I regret any inconvenience to the per- respect of her on 7 February 2006. The person son concerned by this error and I can assure the concerned was advised of this decision and of the Deputy and the person concerned that the finalis- requirement that she present herself at the ation of this matter will be afforded every Offices of the Garda National Immigration priority. Bureau on 2 March 2006 at 10 a.m. to make arrangements for her deportation from the State. Garda Recruitment. It is understood that the person concerned presented on that date and was given a further 164. Mr. Bruton asked the Minister for Justice, presentation date of 11 May 2006. The deport- Equality and Law Reform his plans to change the ation of the person concerned is now an oper- age limit of 35 for entry into the Garda Sı´ocha´na; ational matter for the Garda National Immi- and if he will make a statement on the matter. gration Bureau. [9876/06] Citizenship Applications. Minister for Justice, Equality and Law Reform (Mr. McDowell): As part of the preparation for 166. Mr. Ring asked the Minister for Justice, the Garda recruitment campaign in 2004, I asked Equality and Law Reform when an American the Garda Commissioner to review the eligibility person (details supplied) in County Mayo will be 1041 Questions— 9 March 2006. Written Answers 1042 approved Irish citizenship on the basis of mar- Minister for Justice, Equality and Law Reform riage. [9906/06] (Mr. McDowell): Entry to the Garda Sı´ocha´na is governed by the Garda Sı´ocha´na (Admissions Minister for Justice, Equality and Law Reform and Appointments) Regulations 1988, as (Mr. McDowell): In my response to Question No. amended. In September 2004, I obtained Govern- 169 on 9 February, I informed the Deputy that, ment approval to make certain changes to the as a large number of declarations of post nuptial criteria set out in these regulations. These citizenship was being dealt with by my Depart- changes will open up entry to the Garda Sı´ocha´na ment and the Department of Foreign Affairs, it to persons in Ireland from all parts of the com- was not possible at that stage to be precise as to munity and from all ethnic backgrounds. This is when the declaration of the person concerned significant step will help to ensure that future might be finalised. I have now been informed by intakes of recruits to the Garda Sı´ocha´na reflect officials in the citizenship section of my Depart- the composition of Irish society to the benefit of ment that consideration of the declaration will be the force and the people it serves. finalised within the next six months. To be eligible for selection as a trainee, an applicant must be of good character; be certified Garda Recruitment. by a registered medical practitioner nominated by 167. Mr. Stanton asked the Minister for Justice, the Commissioner after consultation with the Equality and Law Reform the number of new Minister to be of good health, of sound consti- gardaı´ recruited each year since 2000; the number tution and fitted physically and mentally to per- of these recruits who had graduate or postgradu- form the duties of a member of the service; have ate qualifications; the breakdown of same; the passed a physical competence test; be at least 18 age profile of these Garda recruits in each respec- and under 35 years on the first day of the month tive year; and if he will make a statement on the in which the competition was advertised; and be matter. [9914/06] a national of a European Union member state, a European Economic Area state or the Swiss Con- Minister for Justice, Equality and Law Reform federation, be a refugee under the Refugee Act (Mr. McDowell): I have been informed by the 1996, or have had a period of one year’s continu- Garda authorities, who are responsible for the ous residence in the State immediately before the detailed allocation of resources, including person- first day of the month in which the advertisement nel, that the number of Garda recruits in each for the Garda recruitment competition was pub- year from 2000 to 2005 was as set out in the fol- lished and, during the eight years immediately lowing table. preceding that period, have had a total residence in the State amounting to four years — periods Year Number of illegal residence or residence as an asylum seeker in the State do not count for this qualify- 2000 496 ing five year period. To be eligible for selection as a trainee an applicant must have obtained, in 2001 497 the Irish established leaving certificate examin- 2002 547 ation or Irish leaving certificate vocational prog- 2003 687 ramme a grade not lower than B3 at foundation 2004 518 level or D3 at another level in mathematics and 2005 1,125 a qualifying grade in two languages, at least one of which must be English or Irish, if Irish, a grade not lower than C3 at foundation level or D3 at Detailed statistics on the number of these recruits another level and if English or another language, who had graduate or postgraduate qualifications a grade not lower than D3 at ordinary level and and the age profile of same are not available at a grade not lower than D3 at ordinary level in not present. less than two other subjects, the merit grade in The phased increase in the strength of the the applied leaving certificate or like grades in Garda Sı´ocha´na to 14,000 will lead to a combined another examination, which, in the opinion of the strength of attested gardaı´ and recruits in training Minister for Justice, Equality and Law Reform, is of 14,000 by the end of this year. The college will not of a lower standard than the above. induct a further 1,100 recruits this year and again Among the qualifications which are considered in 2007 by way of intakes to the Garda College as acceptable alternatives to the leaving certifi- of approximately 275 recruits every quarter. This cate examination are the following: matriculation project is fully on target and will be achieved. of a recognised university; a general certificate of education, advanced level; NCEA or HETAC 168. Mr. Stanton asked the Minister for Justice, national certificate; or NCEA or HETAC Equality and Law Reform if having a masters National Diploma. Applicants with any such qualification is a disadvantage to somebody who alternative qualifications must hold qualifications wishes to become a member of the Garda Sı´och- equivalent to those referred to above in math- a´na; and if he will make a statement on the ematics, English or Irish and one other language. matter. [9915/06] 1043 Questions— 9 March 2006. Written Answers 1044

[Mr. McDowell.] I understand from the Garda National Immi- Any person who exceeds the minimum require- gration Bureau that the persons concerned were ments as to educational qualifications, which due to present themselves to that bureau again could include holding a masters qualification, is on 8 March 2006. However, the Deputy can be clearly not at any disadvantage in the Garda assured that no arrangements will be made for recruitment process. the removal of the persons concerned from the State until such time as the further represen- Deportation Orders. tations submitted on their behalf have been fully considered and a final decision taken by me in 169. Mr. O’Shea asked the Minister for Justice, the matter. Equality and Law Reform if he will review the case of persons (details supplied) in County Official Engagements. Waterford who are being called to the Garda National Immigration Bureau in Dublin to facili- 170. Mr. Kehoe asked the Minister for Justice, tate their deportation; and if he will make a state- Equality and Law Reform if he will be travelling ment on the matter. [9929/06] abroad for the St. Patrick’s Day festivities; and if so, the location he will be visiting; the functions Minister for Justice, Equality and Law Reform he will be attending; and the groups he will meet (Mr. McDowell): The persons concerned arrived with. [9940/06] in the State on 2 March 2001 and applied for asy- lum. Their applications were refused following Minister for Justice, Equality and Law Reform independent consideration of their cases by the (Mr. McDowell): St. Patrick’s Day is a unique Office of the Refugee Applications Com- event in the global calendar. On 17 March, the missioner and, on appeal, by the Refugee world’s attention turns to Ireland and all things Appeals Tribunal. Irish. Our national day is celebrated by millions They were informed in letters dated 28 August of people from Beijing to Brussels and Sydney 2002 that their asylum applications had been to Seattle. This goodwill and attention offers an refused and that, as a result, I proposed to make unrivalled opportunity to promote modern deportation orders in respect of them. This com- Ireland overseas and to engage directly on a var- munication also advised the persons concerned iety of issues. In deciding on Ministerial travel that, as their entitlement to be in the State had commitments for St. Patrick’s Day, the Govern- expired, they were being afforded three options ment has sought to maximise opportunities for showcasing Ireland as a world class economy and in accordance with the provisions of section tourism destination. Ministers travelling over the 3(3)(b)(ii) of the Immigration Act 1999, as period will promote Ireland at business, cultural amended, namely, to leave the State voluntarily, and community events in more than 35 cities in to consent to the making of deportation orders or all corners of the world. to submit, within 15 working days, written rep- In addition, this year there will be a particular resentations setting out reasons they should be focus on promoting Ireland as a “knowledge allowed to remain temporarily in the State, that economy”. Ideas and knowledge have transfor- is, why they should not be deported. med Irish business and industry. Our continued Following the receipt of such representations, economic development is dependent on further the cases of the persons concerned were exam- enhancing our position in the globally competi- ined under section 3(6) of the Immigration Act tive market for knowledge-driven investment and 1999, as amended, and section 5 of the Refugee innovation. Our success in this area is already evi- Act 1996, as amended, on the prohibition of denced by the growing international profile of top refoulement following which, on 26 August, 2004, level Irish scientists and entrepreneurs, and St. I signed deportation orders in respect of the per- Patrick’s Day provides an invaluable opportunity sons concerned. Notice of this order was served to reinforce this message. St. Patrick’s Day is by registered post requiring them to present equally an important occasion for enhancing our themselves to the member in charge, Garda links with Irish communities abroad. The National Immigration Bureau, 13 to 14 Burgh Government greatly values the opportunity to Quay, Dublin 2 on 13 January 2005, in order to express our appreciation for the important work make arrangements for their removal from the of Irish community and friendship groups, and State. attendance at their community events will form Since deportation orders were signed in respect an integral part of Ministerial programmes during of the persons concerned, further representations the period. on their behalf have been received in my Depart- I can confirm to the Deputy that I am travelling ment making a further case that the persons con- to London to participate in the St. Patrick’s Day cerned should be granted leave to remain in the celebrations. As well as being home to the largest State. I understand that these representations are Irish communities in the world, Britain is also being considered at present by Department Ireland’s largest trading partner with total trade officials following which the file will be passed to in 2004 showing a 2.2% increase over 2003. me for final decision. Ireland now accounts for about 11% of total food 1045 Questions— 9 March 2006. Written Answers 1046 and beverage imports into the UK. In addition, The second complaint was deemed inadmis- the Government has made the provision of emi- sible by the Garda Sı´ocha´na Complaints Board, grant services in Britain a priority and last year in accordance with section 4(3)(a)(iii) of the allocated over \7 million in financial support Garda Sı´ocha´na (Complaints) Act 1986, as the through the Dion fund to voluntary agencies that conduct complained of was not specified in the help vulnerable Irish people in Britain. The Fourth Schedule to the Act. primary emphasis continues to be the provision The third complaint was addressed to the of assistance to front-line Irish community care Garda Commissioner, and a Garda superin- organisations assisting the more marginalised tendent was appointed to investigate the alle- members of the community in Britain. gations. However, the complainant failed to co- I can assure the Deputy that I will be taking operate with the investigation and the matter full advantage of my visit to promote Ireland as could not be processed. He was informed of this an attractive tourist destination, to further in writing on 27 October 2004. I can inform the strengthen the links with our emigrant com- Deputy that some time ago I requested a Garda munity and to promote business. My itinerary report on the matters raised by the person includes: attending the mayor’s St. Patrick’s din- referred to and I understand that this is at an ner; attending the Council of Irish County advanced stage. Associations St. Patrick’s Day mass; attending brunch organised by Tourism Ireland; leading the Questions Nos. 173 to 175, inclusive, answered St. Patrick’s parade; and visiting the St. Patrick’s with Question No. 17. Day festival exhibition. Crime Prevention. Deportation Orders. 176. Mr. Durkan asked the Minister for Justice, 171. Mr. Boyle asked the Minister for Justice, Equality and Law Reform the steps he proposes Equality and Law Reform the number of US citi- to take to combat the increase in gun violence; zens who have been asked to leave this State and if he will make a statement on the matter. since 2002. [9949/06] [9975/06]

Minister for Justice, Equality and Law Reform Minister for Justice, Equality and Law Reform (Mr. McDowell): The number of nationals of the (Mr. McDowell): There is a particular overriding United States of America who have been served necessity, in view of the recent increase in violent with deportation orders between 2002 and to date crime involving firearms, to ensure that public is eight. safety and security are given priority in any review of policy and legislation in relation to fire- Garda Complaints Procedures. arms. With this in mind I propose to bring for- ward a wide range of amendments to the Fire- 172. Mr. Durkan asked the Minister for Justice, arms Acts 1925-2000 in the context of the Equality and Law Reform if he has received cor- Criminal Justice Bill 2004, which is currently respondence from a person (details supplied) in before the Da´il. Dublin 20 alleging repeated incidence of per- Included in these new proposals are measures secution; if he has investigated the situation with which will create mandatory minimum sentences, a view to clarification as to the reason this person of between five and ten years, for certain firearms has been summoned for countless minor offences; offences, including possession of a firearm in sus- if his attention has been drawn to the fact that picious circumstances, possession of a firearm failure to fully investigate the issues will lead to with criminal intent, possession of a firearm with referral to the EU courts; if his attention has intent to endanger life or cause serious injury to further been drawn to the severe stress caused to property, possession of a firearm while hijacking the family in question; the action he has taken or a vehicle, and use or production of a firearm to proposes; and if he will make a statement on the resist arrest. It will require all persons wishing to matter. [9971/06] legally hold a firearm to satisfy the Garda that they have provided secure accommodation for Minister for Justice, Equality and Law Reform the firearm. It will allow the Minister to deem (Mr. McDowell): I have received correspondence certain firearms as restricted by reference to spec- from and on behalf of the person referred to in ific criteria, including the calibre, action type and the Deputy’s question. I am informed by the muzzle energy of the firearm. In future, any per- Garda authorities that there are three complaints son wishing to obtain a certificate for such a fire- on record in respect of this matter. The first com- arm will have to apply directly to the Garda Com- plaint was deemed admissible by the Garda missioner. Sı´ocha´na Complaints Board and an investigating The legislation will introduce new offences officer was appointed. However, the Garda concerning the modification of firearms such as Siochana Complaints Board took no further “sawing-off” a shotgun, and increase fines and action as the complainant did not co-operate with penalties generally for offences under the Fire- the investigation of his complaint. arms Acts. I also intend to introduce a statutory 1047 Questions— 9 March 2006. Written Answers 1048

[Mr. McDowell.] publish crime statistics on a quarterly basis at the basis for an amnesty during which firearms may beginning of 2003, I have consistently emphasised be surrendered to the Garda Sı´ocha´na before that care must be taken in interpreting the statis- new penalties, and minimum mandatory sen- tics, especially when considering short-term fluc- tences, are introduced. This will enable those in tuations and extrapolating trends over short possession of firearms, who are not in compliance periods. The level of headline crime in 2005 is with the legal requirements, to regularise their actually lower than that for 2003 by 1.6% and for position, and thus enable the Garda Sı´ocha´na to 2002 by 4.4%. Furthermore, in 1995, with a popu- concentrate on more serious offenders. lation of almost 3.6 million people, there were 29 Every effort is made by the Garda Sı´ocha´na to crimes per 1,000 of the population, while in 2005, combat the illegal importation, sale and pos- with a population of over 4.1 million, there were session of firearms through intelligence-led oper- 24.6 crimes per 1,000 of the population. ations and activities. Operation Anvil, launched Our headline crime rate continues to compare in May last year, and aimed at those involved in very favourably with those of our nearest neigh- gun crime of any kind, is one of the most inten- bours. In England and Wales in the year April sive special policing operations ever undertaken 2003 to March 2004, the most recent for which in the State. It is intelligence-driven and has sig- figures are available, 113 crimes were committed nificant levels of Garda resources. The Garda per 1,000 population. In 2004 and 2005 in Scot- Sı´ocha´na are receiving resources this year to con- land there were 86.3 crimes per 1,000 population tinue Operation Anvil and I have asked the Com- and in Northern Ireland 69 per 1,000 population missioner to extend it to Garda divisions outside compared with our rate of 24.6 per 1,000. Dublin. I welcome in particular the significant decrease Operation Anvil contributed to the increase of of 27% in the number of incidents of robbery of 16% in the detection of possession of firearms in cash and goods in transit, down from 62 in 2004 2005. Up to 19 February 2006, Operation Anvil to 45 in 2005. This trend improved in the fourth resulted in over 1,600 arrests, including 23 for quarter, with a decrease of 47%. Operation murder, over 13,200 searches, including 360 Delivery, an initiative undertaken by the Garda searches for firearms that resulted in 359 firearms Sı´ocha´na to counteract the increase in cash in seized or recovered, and the recovery of property transit robberies which emerged in 2004, has con- with a value of \5.7 million. tributed significantly to this very welcome The Garda Sı´ocha´na this year has the highest decrease. Furthermore, the new code of practice level of resources in its history — \1,290 million, now being operated by the major financial insti- which is an increase of \146 million or 13% on tutions and security companies involved in the 2005. The provision for Garda overtime in 2006 cash in transit industry, has dramatically raised is \83.5 million, an increase of \23 million on the the standards in operation. I took a direct per- allocation for 2005. This increase will greatly sonal hand in dialogue with the leadership in the assist the planned deployment of a visible banking and security sectors in securing adoption policing service in a flexible, effective and tar- of this new code. It has made a significant contri- geted response to criminal activity and to crime bution to this decrease. These developments have prevention, including gun crimes. The \83.5 mil- been underpinned by the establishment of the lion in overtime will yield 2.725 million extra Private Security Authority, which has also taken hours of policing by uniformed and special units place “on my watch”. throughout the State. I also welcome the increase in the number of I take great satisfaction in the Government’s detections for possession of drugs for sale or sup- decision of October 2004 to approve the recruit- ply, up 20%, and possession of firearms, up ment of 2,000 additional gardaı´ to increase the 16%. In both cases these are offences which in strength of the force to 14,000. As a result there the main become known as a result of active will be a combined organisational strength, of police detection work. This trend continued in both attested gardaı´ and recruits in training, of the fourth quarter and, in the case of possession 14,000 by the end of this year and 14,000 attested of firearms, improved, with an increase of 24%. gardaı´ in two years’ time. I have already promised These are statistical crime figure increases which that the additional gardaı´ will not be put on we should welcome because they are detections administrative duties but will be put directly into flowing from increased police vigilance and a pro- frontline, operational and high-visibility policing. active approach. Operation Anvil, which the Commissioner 177. Mr. Durkan asked the Minister for Justice, introduced last May and for which I obtained sub- Equality and Law Reform the steps he intends to stantial additional resources, made a significant take to combat the increase in headline crimes; contribution to this level of detection. Operation and if he will make a statement on the matter. Anvil will continue as long as it is deemed neces- [9976/06] sary in operational and policing terms. At my request, the Commissioner has extended Oper- Minister for Justice, Equality and Law Reform ation Anvil to Garda divisions outside Dublin. (Mr. McDowell): Since I took the decision to The most recent figures available show that 1049 Questions— 9 March 2006. Written Answers 1050

Operation Anvil has contributed to encouraging lesser public order offences and the admissibility outcomes, with a total number of arrests of 1,641, of statements by witnesses who subsequently ref- which includes 23 arrests for murder, 411 arrests use to testify or who retract their original for serious assaults, 828 arrests for burglary and statements. 379 arrests for robbery offences. Furthermore, I also propose to bring forward a wide range of the total number of firearms seized to date under amendments to the Firearms Acts 1925-2000 in Operation Anvil is 359, and property to the value the context of the Criminal Justice Bill 2004, of more than \5.7 million has been recovered. which is currently before the Da´il. Included in While it is the case that a number of the these new proposals are measures which will increases in headline crime statistics reflect create mandatory minimum sentences, of increased enforcement activity on the part of the between five and ten years, for certain firearms Garda Sı´ocha´na, the overall picture indicates that offences, including possession of a firearm in sus- there is no room for complacency. The Govern- picious circumstances, possession of a firearm ment’s decision to continue to devote unpre- with criminal intent, possession of a firearm with cedented resources to the fight against crime is intent to endanger life or cause serious injury to clearly justified, as is my insistence that those property, possession of a firearm while hijacking resources be deployed at the front line of policing a vehicle, and use or production of a firearm to in this State. resist arrest. It will require all persons, wishing to The Garda Sı´ocha´na this year has the highest legally hold a firearm, to satisfy the Garda that level of resources in its history, \1,290 million, they have provided secure accommodation for an increase of \146 million or 13% on 2005. The the firearm. provision for Garda overtime in 2006 is \83.5 mil- The legislation will allow the Minister to deem lion, an increase of \23 million on the allocation certain firearms as restricted by reference to spec- for 2005. This increase will greatly assist the ific criteria, including the calibre, action type and planned deployment of a visible policing service muzzle energy of the firearm. In future, any per- in a flexible, effective and targeted response to son wishing to obtain a certificate for such a fire- criminal activity and to crime prevention. The arm will have to apply directly to the Garda Com- \83.5 million in overtime will yield 2.725 million missioner. The legislation will also introduce new extra hours of policing by uniformed and special offences concerning the modification of firearms units throughout the State. such as “sawing-off” a shotgun and increase fines I take great satisfaction in the Government’s and penalties generally for offences under the decision of October 2004 to approve the recruit- Firearms Acts. ment of 2,000 additional gardaı´ to increase the I also intend to introduce a statutory basis for strength of the force to 14,000. As a result there an amnesty during which firearms may be surren- will be a combined organisational strength, of dered to the Garda Sı´ocha´na before new penal- both attested gardaı´ and recruits in training, of ties, and minimum mandatory sentences, are 14,000 in 2006 and 14,000 attested gardaı´ in two introduced. This will enable those in possession years’ time. I have already promised that the of firearms, who are not in compliance with the additional gardaı´ will not be put on administra- legal requirements, to regularise their position, tive duties but will be put directly into frontline, and thus enable the Garda Sı´ocha´na to concen- operational, high-visibility policing. I am also trate on more serious offenders. pleased to state that an additional 55 members The Garda Sı´ocha´na policing plan for 2006, were allocated to augment the organised crime recently published by the Commissioner, includes unit at the National Bureau of Criminal Investi- a targeted reduction in the incidence of crime. It gation to address the problem of criminal gang also reflects the Government’s priorities in the activity. fight against crime and the actions which it wishes In addition to this increase in resources, I am to be taken. It will focus on crime prevention and also bringing forward proposals to strengthen sig- reduction, including the prevention, in co-oper- nificantly the legislative provisions available. The ation with local authorities through the joint Criminal Justice Bill 2004 provides a comprehen- policing committees and interaction with local sive package of anti-crime measures which will communities, of public order offences, with part- enhance the powers of the Garda in the investi- icular emphasis on those resulting from alcohol gation and prosecution of offences. It contains an and substance abuse. The committee’s function essential updating of our law to ensure that crimi- will be to serve as a forum for consultations, dis- nal offences can be investigated and prosecuted cussions and recommendations on matters affect- in a way which is efficient and fair and which ing the policing of the local authority’s adminis- meets the needs of modern society. It addresses trative area. I will shortly announce details of the such matters as the preservation of crime scenes, establishment of a number of committees on a increased periods of detention in the case of pilot basis. arrestable offences, search warrant powers for the It will also focus on high value white collar Garda Sı´ocha´na, amendments to the Criminal crime, including trading in contraband goods, in Justice (Forensic Evidence) Act 1990, provision co-operation with legitimate business interests for a fixed penalty procedure in respect of certain and other law enforcement services in the State 1051 Questions— 9 March 2006. Written Answers 1052

[Mr. McDowell.] reach 14,000 members as outlined in the prog- and abroad. It will expand significantly Garda ramme for Government. youth diversion schemes targeted towards at risk The provision for Garda overtime has young people with a view to having 100 of these increased by over \22 million, bringing the total community-based schemes in operation by end overtime provision to \83.5 million for 2006. This 2007. will facilitate, among other things, the continu- I can assure Deputies that the legal, oper- ation of operations targeted at the prevention and ational measures and resources in place to tackle detection of crimes such as gangland murders, crime are kept under continuing review and any organised crime, racketeering and other criminal further measures and resources which are activity which gives rise to serious community required will be made available. The Garda Com- concern. The Government’s top policing priority missioner informs me that he is at this time satis- for 2006 is to continue to target organised crime, fied with the level of resources available to him. including drug trafficking, and the gun culture associated with it through the use of specialist 178. Mr. Durkan asked the Minister for Justice, units and targeted, intelligence-led operations. Equality and Law Reform his proposals to com- As a specific response to the problem of gun bat organised crime; when he expects such crime in Dublin, the Government decided to measures to have effect; and if he will make a provide funding for Operation Anvil. This oper- statement on the matter. [9977/06] ation was undertaken, not as the sole response to this problem, but as a targeted response to aug- 180. Mr. Durkan asked the Minister for Justice, ment the work which the Garda was doing each Equality and Law Reform the way in which he day to address gun crime. Operation Anvil tar- proposes to combat the growth of drug gangs; and gets active criminals and their associates through if he will make a statement on the matter. the use of measures such as overt patrolling, static [9979/06] checkpoints, uniformed mobile and foot patrols supported by armed plain-clothes patrols and 183. Mr. Durkan asked the Minister for Justice, covert operations. Equality and Law Reform if organised criminal Operation Anvil has resulted in a number of or drug gangs are on the increase; and if he will very successful outcomes, including the seizure of make a statement on the matter. [9982/06] 359 firearms. In addition, 24,758 checkpoints and 7,705 drugs searches have been carried out. It is Minister for Justice, Equality and Law Reform intended to extend this operation nationwide dur- (Mr. McDowell): I propose to answer Questions ing this year. In addition, I am informed by the Nos. 178, 180 and 183 together. Garda authorities that Operation Delivery was The Garda Sı´ocha´na employs a range of tech- set up to combat robberies of institutions and to niques in the fight against serious crime. The target those involved in robberies of high value establishment of specialist Garda units, operating goods in transit. under the assistant commissioner in charge of I am also informed by the Garda authorities national support services, has enabled the Garda that strategies are in place for dealing with drug Sı´ocha´na to tackle organised crime effectively. offences and are designed to undermine the The National Bureau of Criminal Investigation is activities of organised criminal networks involved the Garda specialist unit tasked with the role of in the trafficking and distribution of illicit drugs. tackling organised crime. It carries out this role These strategies include gathering intelligence on by conducting intelligence-driven operations in individuals and organisations involved in the dis- close co-operation with other specialist units tribution of drugs, conducting targeted operations including the Garda national drugs unit, the on criminal networks based on intelligence gath- Garda Bureau of Fraud Investigation and the ered and working in collaboration with other law Criminal Assets Bureau. enforcement agencies both within and outside the An additional 55 officers were allocated to the jurisdiction to address the national and inter- organised crime unit of the National Bureau of national aspects of drug trafficking and dis- Criminal Investigation to augment the effort to tribution. target groups involved in organised crime in the The Garda authorities further inform me that Dublin metropolitan region. The unit is headed these strategies continue to result in operational by a detective chief superintendent and works successes. The trafficking and distribution of all closely with Garda deployed on Operation Anvil illicit drugs at local, national and international and with other specialist units. levels is constantly monitored by the Garda. I am The Garda Sı´ocha´na is now better resourced informed by the Garda authorities that Irish than at any time in its history. I am particularly organised criminal groupings can be divided into pleased to have secured a \144 million increase, two general categories. The first category consists 13.2%, in the Garda Vote for this year from of individuals or groups that are well-established Government. The Garda budget is now at an all- and tightly structured and are involved in drug time high and will exceed \1.2 billion for 2006. trafficking, armed robbery and firearms offences. This year the strength of the Garda Sı´ocha´na will The second category involves groups whose 1053 Questions— 9 March 2006. Written Answers 1054 activities are characterised by less cohesive group Garda Sı´ocha´na is fully on target and will be structures and criminal activities which are achieved. mainly confined to Ireland. I am further informed The Garda Commissioner will now be drawing that there are no indications to suggest any major up plans on how best to distribute and manage increases in either of these categories. these additional resources. Clearly, the additional It is widely acknowledged that our legislative resources will be targeted at the areas of greatest package for tackling serious and organised crime need, as is envisaged in the programme for is already one of the toughest in Europe. The Government. The programme identifies part- Criminal Justice Bill, which is currently before icular areas with a significant drugs problem and the Houses of the Oireachtas, provides a compre- a large number of public order offences, but it hensive package of anti-crime measures which will be possible to address other priorities as well, will enhance the powers of the Gardaı´ in the such as the need to very significantly increase the investigation and prosecution of offences. In number of gardaı´ allocated to traffic duties as November last year, I obtained Government part of the new Garda traffic corps. I have approval to draft a range of amendments to the already promised that the additional gardaı´ will Bill. Proposed amendments include the creation not be put on administrative duties. They will be of criminal offences with regard to participation put directly into frontline, operational, high- in organised crime, the strengthening of existing visibility policing. They will have a real impact. provisions for the ten year mandatory minimum sentence for drug trafficking and a range of Question No. 180 answered with Question amendments to the Firearms Acts. No. 178. I can assure the House that I am in regular con- tact with the Garda Commissioner in order to Question No. 181 answered with Question keep the measures and resources for tackling No. 22. serious crime under continuing review. Firearms Regulations. Garda Deployment. 182. Mr. Durkan asked the Minister for Justice, 179. Mr. Durkan asked the Minister for Justice, Equality and Law Reform his proposals to limit Equality and Law Reform when the 2000 extra the availability of handguns; and if he will make gardaı´ promised in the general election of 2002 a statement on the matter. [9981/06] are likely to be deployed; the specific locations to which they are to be posted; when they will take Minister for Justice, Equality and Law Reform (Mr. McDowell): Under the Firearms Acts, 1925- up duty; and if he will make a statement on the 2000, it is unlawful for any person to possess, use matter. [9978/06] or carry a firearm unless authorised by a firearm certificate granted by a superintendent of the Minister for Justice, Equality and Law Reform Garda Sı´ocha´na. Before granting such certificate (Mr. McDowell): The timescale for achieving the the superintendent must be satisfied that the per- target strength of 14,000 members of the Garda son seeking it has a good reason for requiring the Sı´ocha´na, in line with the commitment in An firearm in question, does not pose a danger to Agreed Programme for Government, remains as public safety or the peace and is not a person dis- when I announced the Government’s approval in entitled, under the Acts, to hold a firearms certifi- October 2004 for my proposals to achieve this cate. Only a superintendent may grant a firearms objective. The phased increase in the strength of certificate and I, as Minister for Justice, Equality the Garda Sı´ocha´na to 14,000 will lead to a com- and Law Reform, have no statutory function in bined strength, of both attested gardaı´ and the matter. recruits in training, of 14,000 by the end of this In the Criminal Justice Bill, 2004, which is cur- year, with a fully attested strength of 14,000 by rently before the House, I propose to bring for- 2008. ward a range of measures to strengthen the law As part of the accelerated recruitment cam- governing the control of firearms. These new paign to facilitate this record expansion, 1,125 measures include provisions whereby I may, by Garda recruits were inducted to the Garda order, specify certain firearms as “restricted fire- College during 2005. The college will induct a arms” by reference to the category, calibre, further 1,100 recruits this year and again in 2007, muzzle energy, working mechanism and descrip- by way of intakes to the Garda College of tion of the firearm. A firearms certificate may approximately 275 recruits every quarter. I am only be granted by the Garda Commissioner in informed by the Garda authorities that the first respect of firearms deemed restricted. In incremental increase of newly attested gardaı´ due addition, I am providing that the matters which to the programme of accelerated recruitment into must be considered when deciding whether to the Garda Sı´ocha´na will take place on 16 March. grant a firearms certificate be extended to cover, On that day some 270 trainees will be attested to among other things, the appropriateness of the the force, a figure that provides concrete proof firearm for the purpose for which the certificate that the project to increase the strength of the is sought, the safe storage of the firearm, proof of 1055 Questions— 9 March 2006. Written Answers 1056

[Mr. McDowell.] Dublin 1; if such information is in fact available; competence in the use of the firearm and consent and if he will make a statement on the matter. to inquiries as to the applicant’s medical history. [9988/06] I am also providing for increases in fines and penalties generally for offences under the Fire- Minister for Justice, Equality and Law Reform arms Acts and the creation of mandatory mini- (Mr. McDowell): I have been informed that no mum sentences, of between five and ten years, for further information has been received from the certain firearms offences, including possession of person in question relating to his marital status. a firearm in suspicious circumstances, possession The person in question was married according to of a firearm with criminal intent, possession of a a traditional marriage ceremony. I understand firearm with intent to endanger life or cause that information received by my Department serious injury to property, possession of a firearm indicates that the marriage is not recognised as a while hijacking a vehicle and use or production civil marriage in the country where it took place. of a firearm to resist arrest. The onus is on the applicant to show that the marriage is valid and recognised for the purpose Question No. 183 answered with Question of family reunification. The applicant was No. 178. informed by letter on 17 January 2006 that he may seek a declaration from the Irish courts Question No. 184 answered with Question under section 29 of the Family Law Act 1995, that No. 60. the marriage in question is a valid marriage.

Asylum Applications. 187. Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in the 185. Mr. Durkan asked the Minister for Justice, application for family reunification in the case of Equality and Law Reform if he will review the a person (details supplied) in County Clare; and application for refugee and residency status in the if he will make a statement on the matter. case of a person (details supplied) in view of the [9989/06] fact that compelling evidence exists indicating a serious threat to her life and well-being in the Minister for Justice, Equality and Law Reform event of deportation to her homeland; and if he (Mr. McDowell): I refer the Deputy to his ques- will make a statement on the matter. [9987/06] tion, reference number 2667/06, answered on 26 January 2006. This application is still with the Minister for Justice, Equality and Law Reform Refugee Applications Commissioner for investi- (Mr. McDowell): The person concerned arrived gation as required under section 18 of the Refu- in the State on 7 March 2005 and claimed asylum. gee Act 1996. Her asylum claim was independently investigated by the Office of the Refugee Applications Com- 188. Mr. Durkan asked the Minister for Justice, missioner and the Refugee Appeals Tribunal, Equality and Law Reform the position in the both of whom concluded that she did not meet matter of residency and refugee status in the case the criteria for recognition as a refugee. The per- of a person (details supplied) in Dublin 15 in view son concerned had her case considered under of the evidence indicating danger to personal section 3 of the Immigration Act 1999, as amen- safety in the event of deportation; and if he will dedm and section 5 of the Refugee Act, 1996, as make a statement on the matter. [9990/06] amended, on the prohibition of refoulement, fol- lowing which I signed a deportation order on 27 Minister for Justice, Equality and Law Reform February 2006. The person concerned was (Mr. McDowell): The person concerned arrived advised of this decision and of the requirement in the State on 9 August 2002 and applied for that she present herself at the offices of the asylum. His application was refused following Garda National Immigration Bureau on 9 March consideration of his case by the Office of the 2006 at 2.00 p.m. to make arrangements for her Refugee Applications Commissioner and, on deportation from the State. The deportation of appeal, by the Refugee Appeals Tribunal. Sub- the person concerned is now an operational sequently, in accordance with section 3 of the matter for the Garda National Immigration Immigration Act, 1999, as amended, he was Bureau. informed by letter dated 29 August 2003 that the I am satisfied that the applications made by the Minister proposed to make a deportation order person concerned for asylum and for leave to in respect of him. He was given the option, to remain in the State have been comprehensively be exercised within 15 working days, of making examined and, as such, it is not my intention to representations to the Minister setting out the further review her case. reasons he should be allowed to remain tempor- arily in the State; leaving the State before an 186. Mr. Durkan asked the Minister for Justice, order is made or consenting to the making of a Equality and Law Reform if he has received the deportation order. His case file, including all rep- necessary information to verify the marital status resentations submitted, will be considered under in the case of a person (details supplied) in section 3(6) of the Immigration Act 1999, as 1057 Questions— 9 March 2006. Written Answers 1058 amended, and section 5 of the Refugee Act, 1996 to make a deportation order in respect of him. on the prohibition of refoulement. I expect the file He was given the options, to be exercised within to be passed to me for decision in due course. 15 working days, of making representations to the Minister setting out the reasons he should be 189. Mr. Durkan asked the Minister for Justice, allowed to remain temporarily in the State, leav- Equality and Law Reform if he has received and ing the State before an order is made or con- studied the medical reports in the case of a per- senting to the making of a deportation order. son (details supplied) in County Dublin; his views His case file, including all representations sub- on the seriousness of the information provided; if mitted, will be considered under section 3(6) of he will consider these submissions; and if he will the Immigration Act 1999, as amended, and make a statement on the matter. [9991/06] section 5 of the Refugee Act 1996 on prohibition of refoulement. The fact that he is now married Minister for Justice, Equality and Law Reform can be considered in the context of represen- (Mr. McDowell): The person concerned arrived tations made in the above context. I expect the in the State on 22 October 2003 and applied for file to be passed to me for decision in due course. asylum. His application was refused following consideration of his case by the Office of the Deportation Orders. Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Sub- 191. Mr. Durkan asked the Minister for Justice, sequently, in accordance with section 3 of the Equality and Law Reform the position in the Immigration Act 1999, as amended, he was matter of the residential status of a person informed by letter dated 16 February 2006, that (details supplied) in Dublin 11 in view of the con- the Minister proposed to make a deportation siderable evidence provided to the effect that if order in respect of him. He was given the option, returned to his or her homeland, he or she would to be exercised within 15 working days, of making be in a life threatening situation and in further representations to the Minister setting out the view of the fact that he or she has provided sub- reasons he should be allowed to remain tempor- stantial information to this effect; and if he will arily in the State; leaving the State before an make a statement on the matter. [9993/06] order is made or consenting to the making of a deportation order. His case file, including all rep- Minister for Justice, Equality and Law Reform resentations submitted, will be considered under (Mr. McDowell): The person concerned arrived section 3(6) of the Immigration Act, 1999, as in the State on 1 July 2005 and claimed asylum. amended, and section 5 of the Refugee Act, 1996 His asylum claim was independently investigated on prohibition of refoulement. I expect the file to by the Office of the Refugee Applications Com- be passed to me for decision in due course. missioner and the Refugee Appeals Tribunal, both of which concluded that he did not meet the 190. Mr. Durkan asked the Minister for Justice, criteria for recognition as a refugee. Equality and Law Reform the post-nuptial resi- The person concerned had his case considered dency status in the case of persons (details under section 3 of the Immigration Act 1999, as supplied) in Dublin 7; and if he will make a state- amended, and section 5 of the Refugee Act 1996 ment on the matter. [9992/06] on prohibition of refoulement, following which I signed a deportation order in respect of him on Minister for Justice, Equality and Law Reform 27 February 2006. The person concerned was (Mr. McDowell): The second named person con- advised of this decision and of the requirement cerned was granted leave to remain in the State that he present himself at the offices of the Garda on 24 January 2005 on the basis of being a family National Immigration Bureau on 9 March 2006 at dependant of a person who had permission to 10 a.m. to make arrangements for his deportation remain in the State based on parentage of an Irish from the State. The deportation of the person born child. The fact that the second named per- concerned is now an operational matter for the son is now married will not effect her residency Garda National Immigration Bureau. I am satis- in the State. As there is no separate procedure fied that the applications made by the person con- for considering residency based on marriage to a cerned for asylum and for leave to remain in the person who already has permission to remain in State have been comprehensively examined and, the State, the first named person cannot claim as such, it is not my intention to further review residency status on that basis. his case. The first named person concerned arrived in the State on 25 April 2003 and applied for asy- 192. Mr. Durkan asked the Minister for Justice, lum. His application was refused following con- Equality and Law Reform if he will reconsider sideration of his case by the Office of the Refugee the best practice to adopt in the case of a person Applications Commissioner and, on appeal, by (details supplied) in County Dublin; if his or her the Refugee Appeals Tribunal. Subsequently, in interests are best served by transferring him or accordance with section 3 of the Immigration Act her to Belgium or processing his or her case here; 1999, as amended, he was informed by letter the Minister’s views on whether due to his or her dated 30 August 2005 that the Minister proposed traumatic, life threatening torture, persecution, 1059 Questions— 9 March 2006. Written Answers 1060

[Mr. Durkan.] in the State on 4 October 2003 and applied for physical and sexual abuse to date he or she asylum. Her application was refused following requires the full support of family members; his consideration of her case by the Office of the further views on whether the attempts to date to Refugee Applications Commissioner and, on effect transfer to Belgium to be in accord with appeal, by the Refugee Appeals Tribunal. best humanitarian practice in a modern European Subsequently, in accordance with section 3 of state; and if he will make a statement on the the Immigration Act 1999, as amended, she was matter. [9994/06] informed by letter dated 23 March 2005 that the Minister proposed to make a deportation order Minister for Justice, Equality and Law Reform in respect of her. She was given the options, to (Mr. McDowell): I would refer the Deputy to my be exercised within 15 working days, of making replies to Questions Nos. 149, 181, 249, 215 of 26 representations to the Minister setting out the January, 9 February, 16 February and 2 March, reasons why she should be allowed to remain respectively, and a reply given to a Da´il Adjourn- temporarily in the State, leaving the State before ment debate on 23 February in relation to this an order is made or consenting to the making of case. a deportation order. It must be again emphasised that the person Her case file, including all representations sub- concerned is not being returned to her country of mitted, will be considered under section 3(6) of origin but rather to Belgium. She had lodged a the Immigration Act 1999, as amended, and previous asylum claim in Belgium and, in accord- ance with the Dublin II Regulations, it is entirely section 5 of the Refugee Act 1996 on prohibition appropriate that she be returned to have her asy- of refoulement. I expect the file to be passed to lum claim determined there. It can hardly be me for decision in due course. argued that Belgium’s welfare, medical and social protection systems are inferior to ours or that any 194. Mr. Durkan asked the Minister for Justice, international protection she requires cannot be Equality and Law Reform if he will further defer provided by the Belgian authorities. on compassionate grounds the intention to deport The person concerned is currently illegally a person (details supplied) in County Kildare to present in this State but her removal to Belgium obtain residency status given the validity of the will, nonetheless, be handled with sensitivity and situation in his or her homeland and the serious care, particularly as I understand that she is cur- danger to his or her health safety and well-being rently in receipt of hospital treatment. Officials in in the event of his or her deportation; and if he my Department have asked the legal representa- will make a statement on the matter. [9996/06] tives of the person concerned, the Refugee Legal Service, to keep the Garda National Immigration Minister for Justice, Equality and Law Reform Bureau informed of the whereabouts and up-to- (Mr. McDowell): I would refer the Deputy to my date medical condition of the person concerned replies to Questions Nos. 726 and 781 of 26 and I have been assured that the bureau will not January 2005, No. 129 of 14 April 2005, No. 143 effect her transfer to Belgium until such time as of 19 May 2005 and No. 470 of 31 January 2006. she is discharged from hospital. Additionally, the The person concerned applied for asylum and Belgian authorities will be informed of her medi- had her claim refused following the independent cal status prior to her arrival and if necessary, examination of her claims by the Refugee Appli- medical escorts will be provided to accompany cations Commissioner and, on appeal, by the her on her journey. Refugee Appeals Tribunal. The person con- I do not believe that the procedure being cerned then had her case considered under adopted in this case is in any way contrary to best section 3 of the Immigration Act 1999, as humanitarian practice. Indeed, the fact that she is amended, and section 5 of the Refugee Act 1996 being returned to Belgium to have her asylum on prohibition of refoulement, following which I claim considered in the State where she first signed a deportation order in respect of her on 3 sought protection is fully in accord with humani- August 2004. tarian principles. The person concerned presented herself, as 193. Mr. Durkan asked the Minister for Justice, required, at the offices of the Garda National Equality and Law Reform if extended residency Immigration Bureau but her deportation from will be favourably considered in the case of a per- the State was postponed as she was at an son (details supplied) in County Dublin to facili- advanced stage of pregnancy at that time. She tate necessary specialist medical treatment in subsequently made an application to have her view of the fact that such treatment will not be deportation order revoked based on her relation- readily available if he or she returned to his or ship with a man granted refugee status in the her homeland; and if he will make a statement on State and their parentage of a child born in the matter. [9995/06] Ireland on 10 June 2005. This application is under consideration by Department officials and I Minister for Justice, Equality and Law Reform expect the file to be passed to me for decision in (Mr. McDowell): The person concerned arrived the near future. 1061 Questions— 9 March 2006. Written Answers 1062

Residency Permits. Among the reforms agreed was the establish- ment of a youth justice service on a non-statutory 195. Mr. Durkan asked the Minister for Justice, basis as an executive office of the Department of Equality and Law Reform the residential status Justice, Equality and Law Reform. The service in the case of a person (details supplied) in will focus on developing a national youth justice Dublin 15; and if he will make a statement on the strategy, achieving the full implementation of the matter. [9997/06] Children Act 2001, assuming responsibility for children’s detention and improving the delivery Minister for Justice, Equality and Law Reform of services for young offenders. The Government (Mr. McDowell): The person in question arrived also agreed to the drafting of legislative amend- in the State on 19 December 1999 and claimed ments to provide for the introduction of anti- asylum. He withdrew his application for refugee social behaviour orders, ASBOs, for those aged status on 17 April 2000 and applied for residency under 18 years to address anti-social behaviour in the State based on his parentage of an Irish by children. Under these provisions, a child will born child. Permission to remain on this basis was first be dealt with under the Garda diversion initially granted to the person in question on 13 programme and parents will be involved from an September 2000. This permission was renewed on early stage. a number of occasions. The last period of legal residency in the State granted to him was from 2 The Garda juvenile diversion programme was June 2002 to 1 June 2003. Registration with the introduced to provide an opportunity to divert Garda National Immigration Bureau was refused juvenile offenders from criminal activity. It in June 2003 due to a change in this person’s cir- operates under the supervision and direction of cumstances. The person concerned subsequently the Garda national juvenile office, Harcourt served a custodial sentence and was released on Square, and is implemented throughout all Garda ´ the 3 March 2006. A decision on his residency divisions by 94 specially trained gardaı known as status will be made after full consideration of all juvenile liaison officers, JLOs. The Children Act circumstances particular to this case. 2001 places the Garda juvenile diversion prog- ramme on a statutory basis and incorporates into it as new features restorative cautioning and con- Question No. 196 answered with Question ferencing. In addition, under the Act, the age No. 23. limit for inclusion in the programme was increased from 17 to 18 years of age. The prog- Juvenile Offenders. ramme is used to its greatest extent in relation to 197. Mr. Durkan asked the Minister for Justice, minor offences and-or for those with no or only Equality and Law Reform if a dedicated section one or two experiences of offending. exists in his Department to cater for children Garda youth diversion projects are community deemed to be at risk due to non-attendance at based, multi-agency crime prevention initiatives school, being under the undesirable influence of which seek to divert young people from becoming non-family persons, being involved in petty involved or further involved in anti-social and-or crime, and refusing to accept parental control as criminal behaviour by providing suitable activities in the case of persons (details supplied) in County to facilitate personal development, promote civic Kildare; the action proposed or intended; and if responsibility and improve prospects of employ- he will make a statement on the matter. ability. The projects are funded by the Depart- [10002/06] ment of Justice, Equality and Law Reform and administered by the community relations section Minister for Justice, Equality and Law Reform of the Garda Sı´ocha´na. A budget of \6.6 million (Mr. McDowell): Offending behaviour by chil- has been provided for the Garda youth diversion dren including petty crime is a serious matter and projects and local drugs task force projects in improving the State’s response to this problem is 2006. I am committed to the continuing develop- a priority within my Department. I have recently ment and the expansion of Garda youth diversion established a dedicated section to address issues projects. It is my intention to ensure that 100 of youth offending. schemes will be established nationwide before the In October 2004, an internal project team was end of 2007. established within my Department to examine While matters relating to school attendance the scope for rationalising and restructuring the and child care and protection issues are the delivery of the State’s services in the area of responsibility of the Ministers for Education and youth justice in accordance with the legislative Science and Health and Children respectively, the basis provided for in the Children Act 2001. Pub- report on the youth justice review recognised that lication of the report on the youth justice review cross-departmental co-operation is essential to was approved by Government in December 2005 meet the needs of at risk children. The youth and the Government agreed to the implemen- justice service is developing links with other rel- tation of the report’s recommendations in evant Departments and agencies and will operate addition to a number of other youth justice within the strategic environment of the office of reforms. the Minister for children under the Minister of 1063 Questions— 9 March 2006. Written Answers 1064

[Mr. McDowell.] The Criminal Justice Bill, which is currently State with special responsibility for children to before the Houses of the Oireachtas, provides a ensure that a joined-up approach to service deliv- comprehensive package of anti-crime measures ery is achieved. I have requested a report from that will enhance the powers of the Garda in the the Garda authorities in respect of the named investigation and prosecution of offences, includ- persons and I will contact the Deputy again when ing drug offences. It includes provisions relating the report is to hand. to search warrant powers for the Garda. In November 2005, I obtained Government National Drugs Strategy. approval to draft a range of amendments to the Bill, which I intend to table during its passage 198. Mr. O’Shea asked the Minister for Justice, through the Oireachtas. Proposed amendments Equality and Law Reform the evidence he has include the creation of criminal offences in that the supply of crack cocaine here is increas- relation to participation in organised crime and ing; and if he will make a statement on the the strengthening of existing provisions for the matter. [10006/06] ten year mandatory minimum sentence for drug trafficking. Minister for Justice, Equality and Law Reform (Mr. McDowell): I am informed by the Garda Question No. 199 answered with Question authorities that while the number of seizures of No. 23. freebase or crack cocaine continues to represent a very small proportion of the total number of Citizenship Applications. cocaine seizures recorded annually, there has been an increase in the number of such seizures 200. Mr. Durkan asked the Minister for Justice, in this jurisdiction over the past three years. This Equality and Law Reform the position on the is a matter of concern and the Garda authorities application for naturalisation in the case of a per- have taken a number of measures to address the son (details supplied) in County Kildare who with problem. their family has lived and worked here since 1998; The Garda national drugs unit and local drugs and if he will make a statement on the matter. units conduct intelligence-driven operations to [10012/06] target individuals suspected of involvement in the distribution of freebase cocaine. Drug units and Minister for Justice, Equality and Law Reform community policing personnel are engaged in (Mr. McDowell): The Irish Nationality and intelligence gathering on individuals and groups Citizenship Act 1956, as amended, provides that suspected of involvement in the sale and distri- the Minister for Justice, Equality and Law bution of the drug. There is also targeted patrol- Reform may, in his absolute discretion, grant an ling by uniformed and plain clothes personnel of application for a certificate of naturalisation pro- problem areas in order to detect and disrupt per- vided certain statutory conditions are fulfilled. sons involved in such activity. Those conditions are that the applicant must be As the Deputy is aware, the National Drugs of full age, or by way of exception, be a minor Strategy 2001-08 addresses the problem of drug born in the State; be of good character; have had misuse across a number of pillars — supply a period of one year’s continuous residency in the reduction, prevention, treatment rehabilitation State immediately before the date of the appli- and research — and implementation of the cation and, during the eight years immediately strategy across a range of Departments and agen- preceding that period, have had a total residence cies is co-ordinated by the Department of Com- in the State amounting to four years; intend in munity, Rural and Gaeltacht Affairs. The good faith to continue to reside in the State after Government is aware of the increased prevalence naturalisation; and have made, either before a of cocaine usage in recent times and efforts to judge of the District Court in open court or in tackle it are broadly based to include measures such a manner as the Minister, for special aimed at both supply and demand reduction, reasons, allows, a declaration in the prescribed including awareness initiatives. manner, of fidelity to the nation and loyalty to It is a key objective of the national drugs the State. strategy to reduce access to all drugs, particularly It should be noted that in the context of natu- those drugs that cause most harm, to young ralisation certain periods of residence in the State people especially in those areas where misuse is are excluded. These include periods of residence most prevalent. The strategy specifies a number in respect of which an applicant does not have of supply reduction targets for the Garda Sı´och- permission to remain in the State, periods a´na in terms of all drug seizures and the Garda granted for the purposes of study and periods have achieved considerable successes in relation granted for the purposes of seeking recognition to these targets to date. The trafficking and distri- as a refugee within the meaning of the Refugee bution of all illicit drugs, including hydrochloric Act 1996. and freebase cocaine, at local, national and inter- The person referred to by the Deputy arrived national levels will continue to be vigilantly moni- in the State in March 1998 and claimed asylum. tored by the Garda. That application was refused in June 1999. An 1065 Questions— 9 March 2006. Written Answers 1066 appeal against that decision was lodged in July themselves with the terms of the school transport 1999 but was withdrawn in August 1999. Per- scheme as transport cannot be guaranteed for mission to remain in the State on foot of parent- such pupils. age of an Irish born child was granted on 26 August 1999. Schools Building Projects. The person concerned applied for a certificate of naturalisation in December 2002. Since he did 202. Mr. Lowry asked the Minister for Edu- not meet the statutory residency requirement at cation and Science the reason for the delay in that time, his application was deemed ineligible. moving a building project forward at a school He was informed of this in writing in January (details supplied) in County Tipperary; when the 2005. issues impeding this work will be rectified; and if I have been informed that the person con- she will make a statement on the matter. cerned now meets the statutory residency criteria [9832/06] and, consequently, it is open to him to submit a new application at any time. Any such application Minister for Education and Science (Ms will be examined against the statutory criteria of Hanafin): My Department is in receipt of an the Irish Nationality and Citizenship Act before application for capital funding towards a refur- being passed to me for a decision. bishment project at the school. The project is being considered in the context of the school building and modernisation programme 2006-10. School Transport. 201. Mr. J. O’Keeffe asked the Minister for 203. Dr. McDaid asked the Minister for Edu- Education and Science the consequences in terms cation and Science the status of an application for of availability of school transport for the next a school (details supplied) under the school build- school year for catchment boundary children as a ing programme. [9861/06] result of the improved safety measures on school transport buses; and if her Department will Minister for Education and Science (Ms ensure that as a result of these safety measures, Hanafin): The school referred to by the Deputy no student is left without transport to the school originally applied for an extension and refur- of their choice once they have made their way to bishment to provide improved ancillary accom- the catchment boundary. [9814/06] modation. The project proposed initially did not provide for any additional mainstream Minister of State at the Department of Edu- classrooms. cation and Science (Miss de Valera): Under the In the process of assessment in accordance with terms of my Department’s post-primary school the prioritisation criteria put in place following transport scheme, a pupil is eligible for transport consultation with the education partners, increas- if he or she resides 4.8 km or more from his or ing enrolments and the consequent need for her local post-primary education centre, that is, additional mainstream accommodation became the centre serving the catchment area in which he clear. A detailed assessment of demographic or she lives. The scheme is not designed to facili- trends, housing developments and enrolment tate parents who choose to send their children to trends was initiated in order to ensure that any a post-primary centre outside of the catchment capital funding provided will deliver accommo- area in which they reside. However, children who dation appropriate to the school’s need into the are fully eligible for transport to the post-primary future. This assessment has recently been com- centre in the catchment area in which they reside pleted and a decision will be taken shortly on how may apply for transport on a concessionary basis best to provide for the school’s long-term accom- to a post-primary centre outside of their own modation needs. The application will then be catchment area, otherwise known as catchment considered for progression in the context of the boundary transport. These children can only be school building and modernisation programme facilitated if spare seats are available on the bus 2006-10. after all other eligible children travelling to their The school has recently applied for a main- post-primary centre have been catered for. Such stream classroom to cater for an additional teach- children have to make their own way to the near- ing post to be appointed from September 2006. est pick up point within that catchment area. This application is under consideration at present The number of spare seats available will not be and the school authority will shortly be advised known until all other eligible children travelling of the outcome. to the post-primary centre in the catchment area in which they reside have been assessed for trans- Capitation Grants. port. Every effort will be made to determine the number of such seats available well in advance of 204. Mr. Perry asked the Minister for Edu- the next school year. cation and Science if extra funding will be made Parents who have enrolled or intend to enrol available to schools to cover the costs of water their children in schools outside of the catchment charges as these charges have to be paid out of area in which they reside are advised to acquaint capitation; if she will clarify if there are avenues 1067 Questions— 9 March 2006. Written Answers 1068

[Mr. Perry.] erect a new school at Coralstown; when same is open to this sector to avail of grant aid for such likely to commence; and if she will make a state- expenses; and if she will make a statement on the ment on the matter. [9872/06] matter. [9869/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): This project was on the 2005 school Hanafin): Funding is provided to primary and building programme to go to tender and construc- secondary schools by way of per capita grants, tion. Tenders for this project were received on 24 which afford schools considerable flexibility in February 2006 and are currently being examined the use of these resources to cater for the needs by my Department’s technical staff. It is expected of their pupils. that this examination will be completed shortly Primary schools’ running costs are met by my and the school management contacted in the Department’s scheme of capitation grants. These matter without delay. grants are intended to contribute towards the general operating costs of national schools. The 206. Mr. Penrose asked the Minister for Edu- capitation grant has been increased substantially cation and Science if she will provide a progress in recent years. Since 1997 the standard rate of report on the status of the application of a school capitation grant has been increased from \57.14 (details supplied) in County Westmeath; and if per pupil to \133.58 with effect from 1 January she will make a statement on the matter. 2005 and has been further increased by \12 per [9873/06] pupil with effect from 1 January 2006 bringing the standard rate to \145.58. This represents an Minister for Education and Science (Ms increase of almost 155% in the standard rate of Hanafin): The building project for the school capitation grant since 1997. referred to by the Deputy is at an early stage of At second level, the standard per capita grant architectural planning. Following an assessment which stood at \256 per pupil in the school year of the accommodation needs of the school in 2001-02 has been increased by a further \12 to question, a revised schedule of overall accommo- \298 per pupil from January 2006. Under the dation issued to the school in July 2005. The school services support fund initiative, secondary school’s design team were requested to submit a schools will also benefit from the further signifi- revised stage one-two, developed sketch scheme, cant increases. The grant that was increased for based on the new accommodation brief. secondary schools from \131 per pupil in January Several submissions were made to my Depart- 2005 to \145 per pupil, has been increased by a ment between July 2005 and January 2006 in an further \14 per pupil to \159 per pupil from effort to get the project moving but none January 2006. These grants are in addition to the addressed the matters raised in the letter of July per capita funding of up to \40,000 per school that 2005. Following a site meeting on the 20 January is provided by my Department to secondary 2006, a submission was made to my Department schools towards secretarial and caretaking which is currently under review. When this is services. A secondary school with 500 pupils now completed my officials will be in further contact receives annual grants of up to \270,000 towards with the school authorities regarding the next general expenses and support services as against steps involved in progressing this project. annual grants of up to \237,000 in 2002. A decision on which school building projects Local authority service and other charges pay- will advance to tender and construction will be able to the various local authorities do not come considered in the context of the school building within the remit of my Department. It would be a and modernisation programme 2006-09. matter for the local authorities to decide whether schools are liable to pay such charges. In the case Home Tuition Grant. of waste charges, some local authorities have a flat fee for schools while others waive the fee 207. Mr. Penrose asked the Minister for Edu- where the school has achieved the green flag cation and Science if, regarding her Department’s status. Where it is decided that schools are liable decision to discontinue the tuition grant for a per- for such charges, the cost would form part of the son (details supplied) in County Westmeath why normal running costs of schools and would fall to in the correspondence dated 28 February 2006 be met from the capitation funding which schools furnished to the said child’s parents the reasons have received from my Department. were not given for taking the decision to end It would not be feasible for my Department to home tuition; if there is mechanism provided for introduce specific schemes whereby grant assist- an appeal against this decision; and if she will ance would be provided to schools in respect of make a statement on the matter. [9874/06] individual charges such as water charges. Minister for Education and Science (Ms Hanafin): Home tuition is primarily intended to Schools Building Projects. provide compensatory instruction for pupils with 205. Mr. Penrose asked the Minister for Edu- a medical ailment that is likely to cause major cation and Science the status of the application to disruption to their attendance at school on a con- 1069 Questions— 9 March 2006. Written Answers 1070 tinuing basis. In recent years home tuition has accommodation and with amalgamation facilita- been extended as an interim support for children tors in supporting amalgamating schools in a with a significant special educational need pend- number of locations in relation to whole school ing the provision of an appropriate school based planning. educational service. Grant approval is based on I understand that in this particular instance the the application details of each case and a recom- support service has provided facilitation services mendation from my Department’s professionals, for the amalgamation project in the school and if required. the regional co-ordinator for the area has visited However, my Department considers that the school in this regard. Further assistants will school-based education provision is the most be provided if required. appropriate intervention for all children, includ- ing those with special educational needs. In this Special Educational Needs. regard, home tuition is only intended as an interim measure until a suitable school placement 209. Caoimhghı´nO´ Caola´in asked the Minister is secured. In the circumstances, my Department for Education and Science if her Department has discontinued the practice whereby children intends providing an independent assessment for who are in full-time education provision would persons (details supplied); if so, when this assess- also be able to avail of home tuition grants. My ment is expected to take place; if not, if it is Department asked the National Council for intended that the children will be left out of Special Education, NCSE, to have a special edu- school unless and until they accept a place in cational needs organiser to insure in each case another school; and if she will make a statement that the child is getting the appropriate support on the matter. [9885/06] in their school. The pupil in question is enrolled in a main- Minister for Education and Science (Ms stream primary school with five hours resource Hanafin): I understand from my officials that the teaching and the added support of a special needs local special educational needs organiser is liais- assistant. As the pupil is in full-time education, ing with the family in question in the context of the matter of the continuance of home tuition no arranging an early meeting to discuss the issues longer arises and the parents were informed from in question. My Department is continuing to fund September of this year onwards that it was being a home tuition grant to the family concerned discontinued with effect from 10 February 2006. pending the provision of an appropriate edu- cational placement. Schools Amalgamation. 208. Mr. Carey asked the Minister for Edu- School Enrolments. cation and Science the role the school develop- 210. Mr. Ring asked the Minister for Education ment planning unit of her Department can play and Science if she intends to restore equity and to assist a second level school (details supplied) fair play and end the discrimination against ordi- in Dublin 9, where three schools have been amal- nary national schools with four to 13 teachers by gamated into one co-educational comprehensive bringing appendix A of circular 15/05 into line school; if the issues arising out of the amalgama- with appendices B and C of the same circular. tion will be addressed for example the need to [9904/06] assist the school in staff development and team building, the need to develop a five year plan for Minister for Education and Science (Ms the school, the need to provide a favourable staff Hanafin): The mainstream staffing of a primary allocation both mainstream and resource, the school is determined by applying the enrolment need to provide additional guidance and coun- of the school on 30 September of the previous selling services, in view of the fact that the area school year to a staffing schedule which is issued in which the school is located experiences lower annually to all primary schools. than the national levels of transfer from primary to second level and has a high drop out rate in Under current arrangements the enrolment fig- the early years of second level and has a poor ure required for the appointment of a mainstream retention rate to leaving certificate; and if she will class teacher in an ordinary school is the same as make a statement on the matter. [9877/06] that which applies in the case of Gaeltacht primary school. However the enrolment figure Minister for Education and Science (Ms for appointment of a mainstream class teacher in Hanafin): The school development planning a Gaelscoil is lower in the case of posts from the initiative, SDPI, is a support service established third up to and including the eleventh main- by my Department to assist schools in furthering stream class teacher. the process of whole school planning. Primary circular 0023/2006 outlining the The initiative has a team of ten regional co- revised staffing schedule for the 2006-07 school ordinators, who provide advisory services to year is available on my Department’s website and schools at no charge. SDPI regional co-ordinators hard copies will issue to schools as soon as have co-operated with the commission on school possible. 1071 Questions— 9 March 2006. Written Answers 1072

211. Ms C. Murphy asked the Minister for Edu- Day functions from 21 March 2006 to 23 March cation and Science if there is an agreed enrolment 2006. The itinerary has not been fully finalised policy for primary schools in a town in County yet but it includes the following engagements; Kildare; if she will review the enrolment policy meeting with Minister for Education; visit to for a school (details supplied) within that town; higher colleges of technology; lunch meeting with and if she will make a statement on the educationalists hosted by higher colleges of tech- matter. [9924/06] nology; meeting committee of Irish Society; meet- ing EI office and proposed visa office; visit Know- Minister for Education and Science (Ms ledge Village Dubai; meeting with Irish business Hanafin): The school to which the Deputy is a people; visit Aer Lingus local handler — Dnata; new school which opened in September 2005. It tourism promotion events; meeting Irish currently accommodates two junior infant classes. thoroughbred marketing; reception for Ireland When fully occupied, the school will operate as UAE business network;attend GAA tournament; a two-stream 16-classroom school. To enable it and guest speaker at Irish Society ball; The accel- develop in this manner, it can only enrol two jun- erated development of Dubai as a regional hub ior infant classes annually. This incremental for the Gulf and surrounding markets and as a development is common to all newly established distribution, marketing, manufacturing and infor- schools to ensure that a shortage of accommo- mation and communications centre, has resulted dation at the school is avoided by an over enrol- in a number of Irish companies establishing their ment in the early stages and crucially, to ensure regional headquarters in Dubai. I will be meeting that the enrolments and staffing levels in other with local Irish business leaders in the course of schools in the area, where older pupils would my visit to Dubai. inevitably be drawn, are not adversely affected. There is an active young Irish community in My Department is awaiting details of an agreed the UAE, mainly in the education, service and enrolment policy from the primary providers in construction sectors. I will attend the committee the area to ensure that the development of the of the Irish Society dinner and Irish Society ball new school is underpinned as envisaged. It is where I will present the prizes for a GAA tourna- satisfied that, in accordance with its remit, the ment taking place in Dubai. totality of the primary accommodation available Also in late March, Aer Lingus will commence in the area provides sufficient places to cater for its new direct flight service to Dubai and I will all those seeking places. use my visit to the UAE to actively promote Ireland as a tourism destination. Schools Refurbishment. 212. Mr. J. O’Keeffe asked the Minister for School Staffing. Education and Science when the application for 214. Mr. Bruton asked the Minister for Edu- capital funding for the extension to a school cation and Science the threshold for appointing (details supplied) in County Cork was received; teachers in primary schools by size of enrol- and the steps being taken by way of consideration ment. [9958/06] of the project at the moment. [9928/06] Minister for Education and Science (Ms Minister for Education and Science (Ms Hanafin): The staffing of a primary school is Hanafin): An application for capital funding determined by reference to the enrolment of the towards the provision of an extension has been school on 30 September of the previous school received from the school in June 2000. The appli- year. The actual number of mainstream posts cation has been assessed and the long-term pro- sanctioned is determined by reference to a staff- jected enrolment figure on which the accommo- ing schedule which is issued annually to all dation needs will be based has been determined primary schools. and schedules of accommodation have been The general rule is that the schedule provides drawn up in consultation with the school auth- at least one classroom teacher for every 29 pupils ority. The project is being considered for pro- in the school. Schools with only one or two gression in the context of the school building and teachers have much lower staffing ratios than that modernisation programme 2006-2010. — with two teachers for just 12 pupils in some cases and so on — but the general rule is that Official Engagements. there is at least one classroom teacher for every 213. Mr. Kehoe asked the Minister for Edu- 29 children in the school. Next year this is being cation and Science if she will be travelling abroad reduced to 28 children per classroom teacher and for the St. Patrick’s Day festivities; and if so, the in 2007-08 it will be reduced to 27 children per location she will be visiting; the functions she will classroom teacher. Officials of my Department be attending; and the groups she will meet have drawn up the revised staffing schedule with. [9941/06] necessary to achieve this. Schools will be asked to use the extra class teachers provided as a result Minister for Education and Science (Ms of the revised schedule to provide for smaller Hanafin): I will be in Dubai for the St. Patrick’s classes in the junior grades. 1073 Questions— 9 March 2006. Written Answers 1074

Primary circular 0023/2006 outlining the cational Welfare Board, NEWB, was established revised staffing schedule for the 2006-07 school as the single national body with responsibility for year is available on my Department’s website and school attendance. The NEWB is a statutory hard copies will issue to schools as soon as agency operating under the aegis of the Depart- possible. ment of Education and Science. The Education (Welfare) Act 2000 provides a 215. Mr. Bruton asked the Minister for Edu- comprehensive framework promoting regular cation and Science if concessions are made in the school attendance and tackling the problems of instance of boys and girls schools amalgamating absenteeism and early school leaving. The in respect of teacher appointments within quota general functions of the NEWB are to ensure that or ex-quota appointments as for example in the each child attends a recognised school or other- case of a school (details supplied). [9959/06] wise receives a certain minimum education. The board is developing a nationwide service that is Minister for Education and Science (Ms accessible to schools, parents-guardians and Hanafin): Where schools are amalgamating there others concerned with the welfare of young is provision for the allocation of a concessionary people. For this purpose, educational welfare mainstream teaching post in cases where the officers, EWOs, have been appointed and approved number of mainstream teachers serving deployed throughout the country to provide a in the schools at the time the amalgamation takes welfare-focused service to support regular school place exceeds the number warranted by the total attendance and discharge the board’s functions enrolment on the basis of the staffing schedule. locally. The continued allocation of the concessionary The service is developing on a continuing basis. post is dependent on the teachers concerned The total authorised staffing complement of the remaining on the staff of the school and the board is 94 comprising 16 headquarters and sup- appropriate enrolment figures being maintained. port staff, five regional managers, 12 senior edu- cational welfare officers and 61 educational wel- Schools Refurbishment. fare officers. Towns which have an educational 216. Mr. Bruton asked the Minister for Edu- welfare officer allocated to them include Dun- cation and Science the refurbishment works dalk, Drogheda, Navan, Athlone, Carlow, planned for the summer at a school (details Kilkenny, Wexford, Bray, Clonmel, Tralee, supplied); and the critical steps to completion. Ennis, Sligo, Naas, Castlebar, Longford, Tuam, [9960/06] Tullamore, Letterkenny and Portlaoise. In addition, the board will follow up on urgent cases Minister for Education and Science (Ms nationally where children are not currently Hanafin): In January of this year, I announced receiving an education. Since September 2005 details of 62 projects which were being given the every county in Ireland is served by an edu- go ahead to proceed with major works such as cational welfare service. new school building projects, extensions or refur- A key focus of the Government’s education bishment. The first step for these schools is the policy is to prioritise investment in favour of appointment of an architectural team that will those most at risk and to optimise access, partici- design and plan the works. To aid the schools in pation and educational outcomes at every level of appointing these architectural teams and to brief the system for disadvantaged groups. In addition them on the steps involved in progressing their to the NEWB staff there are some 490 staff in projects, the school building section will host an education disadvantage programmes whose work information seminar for the boards of manage- involves a school attendance element. My ment in Tullamore on Wednesday, 22 March. Department is anxious to ensure that the Letters of invitation to the seminar have already maximum benefit is derived from these substan- issued to all boards of management. tial personnel resources. Consequently work is ongoing to develop appropriate protocols for School Attendance. integrated working between the different 217. Mr. Durkan asked the Minister for Edu- services involved. cation and Science if a dedicated section exists in Last year I launched DEIS, Delivering her Department to cater for children deemed to Equality of Opportunity in Schools, an action be at risk due to non-attendance at school; the plan for educational inclusion. The action plan action proposed or intended; and if she will make aims to ensure that the educational needs of chil- a statement on the matter. [10003/06] dren and young people from disadvantaged com- munities are prioritised and effectively addressed. Minister of State at the Department of Edu- The new action plan will place a renewed empha- cation and Science (Mr. B. Lenihan): The Depart- sis on the involvement of parents and families in ment of Education and Science does not have a children’s education in schools. The Department dedicated section dealing with the non-attend- and the National Educational Welfare Board, ance of children at school. However under the NEWB, will work together to ensure that an inte- Education (Welfare) Act, 2000 the National Edu- grated approach to children at risk is adopted. 1075 Questions— 9 March 2006. Written Answers 1076

Bullying-Sexual Harassment Allegations. mainstream investment programmes. Eligible expenditure by local authorities included feasi- 218. Mr. Broughan asked the Minister for bility studies, planning and design costs, the pres- Defence if he intends to examine the establish- entation of business plans, procurement costs and ment of a compensation process and fund for independent specialist advice on private sector members of the Defence Forces allegedly abused proposals. during their services to the State in view of the report that structures in the Defence Forces were The fund closed to new applications on 31 very inadequate up to recent times to enable vic- December 2004. In the period 1999-2004 my tims to complain and have their complaints inde- Department sought grant applications on a pendently investigated; and if he will make a number of occasions from local authorities. statement on the matter. [9895/06] Assessment of grant applications took account of: the importance of the services or assets provided Minister for Defence (Mr. O’Dea): Since for the community; commercial viability; value for money; innovation; and replicability. January 1997, my Department has received 18 \ legal claims in relation to allegations of bullying Funding of 545,987 was awarded to Wicklow and sexual harassment within the Defence County Council in June 2000 for the appointment Forces. Of theses, 11 claims refer to alleged bully- of a client’s representative to advance an inte- ing, three of these claims have been settled and grated and comprehensive harbour-marina-coas- eight are outstanding. There were seven claims tal erosion protection related development alleging sexual harassment, two of these are including leisure, amenity and open space facili- settled and five are outstanding. ties and residential units at Greystones Harbour Occasionally, correspondence is received in the and north beach. The significant product from Department from former members of the this phase of the project was a feasibility study. \ Defence Forces who served back as far as the In December 2004 further funding of 375,000 1940s. In a few cases, such correspondence may was awarded to Wicklow County Council for the make some reference to an alleged incident of project. This related to retention of the client’s abuse within the Defence Forces. Every effort is representative to consider the bids received from made to examine these allegations very carefully. the public tendering process, preparation of pro- The person would also be advised to contact the curement documentation including contract, bid- Garda Sı´ocha´na directly in the matter and to der meetings, bid evaluation and evaluation make a formal complaint. reporting, and preparation of EIS and planning The incidence of legal claims and other con- permission application. tacts would not suggest a requirement to establish a new compensation scheme or process. In com- Water and Sewerage Schemes. mon with all other citizens, members and former 221. Mr. Sherlock asked the Minister for the members of the Defence Forces enjoy the full Environment, Heritage and Local Government if rights of access to the courts. he will provide a progress report on the Buttev- ant, County Cork sewerage scheme collection Official Engagements. system; if a tender has been accepted; and when 219. Mr. Kehoe asked the Minister for Defence work will commence. [9806/06] if he will be travelling abroad for the St. Patrick’s Day festivities; and if so, the location he will be Minister for the Environment, Heritage and visiting; the functions he will be attending; and Local Government (Mr. Roche): The Buttevant the groups he will meet with. [9942/06] sewerage scheme has been approved for funding in my Department’s water services investment Minister for Defence (Mr. O’Dea): I will not programme 2005-2007 under the rural towns and be travelling abroad for the St. Patrick’s Day fes- villages initiative. A tenderer whose bid for the tivities. collection system contract has been disqualified by Cork County Council on grounds of non-com- Local Authority Funding. pliance with the instructions to tenderers has exercised his entitlement under procurement pro- 220. Mr. Timmins asked the Minister for the cedures to refer the disqualification for review Environment, Heritage and Local Government and recommendation by my Department. The the funding he allocated to the Greystones matter it is being dealt with as quickly as possible marine project; and what this funding is for. by my Department and the council will be in a [9805/06] position to complete its assessments of tenders on receipt of the Department’s recommendation. Minister for the Environment, Heritage and Local Government (Mr. Roche): The local auth- Local Authority Funding. ority PPP fund was established on 1 December 1999 to provide funding to local authorities to 222. Mr. P. Breen asked the Minister for the enable them to investigate the potential for, and Environment, Heritage and Local Government, promote, PPP projects outside the Department’s further to Question No. 555 of 7 February 2006, 1077 Questions— 9 March 2006. Written Answers 1078 if payment has been made to a person (details of EMCs, a reduction to zero euro of the EMCs supplied) in County Clare; and if he will make a for clocks and watches was implemented by statement on the matter. [9818/06] WEEE Register Society on 5 December 2005. EMCs are input costs and how these are dealt Minister for the Environment, Heritage and with in the pricing of products is part of the nor- Local Government (Mr. Roche): Contracts sub- mal negotiations between producer and retailer. mitted by the solicitor for the person named in The WEEE scheme has been operating for six relation to the sale of bog to my Department are months and the real benefits of this new system currently being examined in the Chief State Sol- for consumers and the environment are becoming icitor’s office, in preparation for completion of apparent. WEEE is now being collected from the transaction. over 180 collection points nationwide. Early indi- cations are that significant quantities of this waste Recycling Policy. type are being returned for recycling. In the first 12 weeks alone 4,800 tonnes, equivalent to an 223. Mr. Lowry asked the Minister for the annual rate of almost 20,000 tonnes, of household Environment, Heritage and Local Government WEEE was collected. This points to a fourfold further to Question No. 504 of 28 February 2006, increase in the recycling of household WEEE as if watches and clocks which are battery operated 5,510 tonnes of this waste type was recovered in are subject to the WEEE producer recycling 2004, and indicates widespread public support for scheme; if not, the levy that is imposed on these the implementation of the directive. items; and if he will make a statement on the matter. [9831/06] Health Service Schemes. Minister for the Environment, Heritage and 224. Ms Shortall asked the Minister for the Local Government (Mr. Roche): As stated in the Environment, Heritage and Local Government reply to Question No. 504 of 28 February 2006, the statutory basis for the disabled person’s top- battery operated watches and clocks with a volt- up grant scheme operated by the Health Service age rating not exceeding 1,500 volts for direct cur- Executive; if he will provide a copy of the qualify- rent, DC, are within the scope of the WEEE ing criteria and administrative rules and pro- directive. Consequently, retailers are required to cedures governing the processing of grant appli- take back such items at end of life on a one-for- cations to this Deputy and to the Houses of the one basis when selling a similar product. Alterna- Oireachtas Library; and if he will make a state- tively members of the public can deposit waste ment on the matter. [9853/06] battery operated watches and clocks at any local authority civic amenity facility catering for Minister of State at the Department of the WEEE free of charge. Producers placing these Environment, Heritage and Local Government products on the market are responsible for (Mr. N. Ahern): The scheme referred to is recycling them at end of life. operated by Health Service Executive and my There is no levy on electrical and electronic Department has no function in the matter. products placed on the market. The WEEE directive allows producers to show the cost of End-of-Life Vehicles. recovering and recycling “historic” waste, that is waste arising from electric and electronic prod- 225. Ms O. Mitchell asked the Minister for the ucts put on the market before 13 August 2005. Environment, Heritage and Local Government These costs are referred to as environmental the means by which it is proposed to impose the management costs, EMCs. They are not imposed full cost of dismantling, treating and recycling end by, or remitted to, the Government, but are paid of life vehicles on manufacturers as per the by producers to the two collective compliance recently published draft waste management, end- schemes operating in Ireland, WEEE Ireland and of-life, vehicle regulations 2006. [9862/06] the European Recycling Platform. These schemes are operating a producer responsibility initiative. Minister for the Environment, Heritage and The purpose of the EMCs is to enable the Local Government (Mr. Roche): Directive schemes to pay for the environmentally sound 2000/53/EC on end-of-life vehicles, ELVs, incor- management of all household WEEE taken back porates measures aimed at: meeting new recovery by retailers or deposited by members of the and recycling targets for ELVs; ensuring that all public at local authority civic amenity sites. end-of-life vehicles are deposited, dismantled, The EMCs currently applied show the costs of treated and recovered by industry at no cost to recycling based on data submitted by producers the final holder or owner of that vehicle and in a to the WEEE Register Society Limited, the manner that does not cause environmental pol- industry-based national WEEE registration body, lution; producers meeting the costs of free take- which has an independent committee of manage- back of end-of-life vehicles with no market value; ment. The WEEE Register Society assessed and introducing systems whereby certificates of approved the EMCs and my Department has no destruction are notified to the vehicle registration function in the matter. Following a partial review authorities on the deposit of end-of-life vehicles 1079 Questions— 9 March 2006. Written Answers 1080

[Mr. Roche.] his Department to local authorities which is des- by their registered owners at authorised treat- ignated for the maintenance of the public water ment facilities, ATFs, for appropriate treatment supply; if the percentage is calculated on a per and recovery; and minimising the use of specified capita or actual cost basis for each local authority; hazardous substances in vehicles. and if he will make a statement on the matter. Enabling legislative provisions were included in [9887/06] the Protection of the Environment Act 2003, which inserts a new part in the Waste Manage- Minister for the Environment, Heritage and ment Act 1996, to facilitate the development of Local Government (Mr. Roche): In 2004, the lat- regulations concerning implementation of the est year for which complete information is avail- directive. I recently published draft waste man- able, the estimated expenditure by local auth- agement, end-of-life, vehicle regulations 2006 orities in respect of the operation and which will fully transpose and provide the frame- maintenance of public water supplies was some work for the implementation of the ELV \214 million. Such expenditure is funded from a directive. The regulations have been published in combination of non-domestic user charges, draft form to allow for a period of public consul- general purpose grants and specific grants. tation until 24 March. In line with the polluter pays principle and the Under the draft regulations, responsibility for water services pricing framework adopted by the putting in place a national network of authorised Government, the operation and maintenance treatment facilities providing take-back of end-of- costs of water supplies in respect of the non- life vehicles of any particular brand will rest with domestic sector are recoupable from that sector. the producer of that brand. As is the case in a General purpose grants from the local govern- number of European Union member states, ment fund are discretionary block grants paid to issues in relation to cost of take-back of end-of- local authorities as a contribution to their current life vehicles will be the subject of contractual costs, including domestic water services. In calcu- arrangements between each producer and the ATFs that form part of that producer’s national lating these grants a wide range of relevant network. factors are taken into consideration, including population and the cost of operating and main- taining the domestic element of water supplies. Water and Sewerage Schemes. In 2006, I allocated some \875 million to local 226. Mr. Naughten asked the Minister for the authorities in general purpose grants. This rep- Environment, Heritage and Local Government resents an average increase of about 7%, more the status of an application (details supplied); and than double the rate of inflation, over the corre- if he will make a statement on the matter. sponding figure for 2005. [9882/06] In addition, I have also been able to provide special assistance from the local government fund Minister for the Environment, Heritage and in recent years to help local authorities to meet Local Government (Mr. Roche): The north east the operating costs arising on newly com- Roscommon water, augmentation scheme is missioned water and wastewater treatment plants included in my Department’s water services pending the reflection of these costs in the needs investment programme 2005-2007 as a scheme to and resources model which is used in the allo- commence construction this year. The west cation of general purpose grants. Some \7.5 mil- Roscommon regional water supply scheme, which lion has been allocated to local authorities for this will serve north Roscommon, is approved in the purpose in 2006. My Department is also providing programme to advance through planning. substantial funding to local authorities to reduce Roscommon County Council’s preliminary unaccounted for water in public water supply report for the north east Roscommon scheme, systems and to improve the efficiency of such received earlier this week, is under examination systems, thereby reducing the level of operational in my Department and is being dealt with as and maintenance costs falling to be met by the quickly as possible. Following approval of the local authorities. preliminary report the Council will be in a posi- tion to proceed with the preparation of contract 228. Mr. Naughten asked the Minister for the documents. The council’s brief for the appoint- Environment, Heritage and Local Government ment of consultants to prepare a design review the reason the annual budgets allocated to each report for the west Roscommon scheme has been local authority are not broken down on a service approved by the Department and it is now a matter for the council to proceed with the report. basis by his Department; his views on whether this would provide a more transparent and accountable system; and if he will make a state- Local Authority Funding. ment on the matter. [9888/06] 227. Mr. Naughten asked the Minister for the Environment, Heritage and Local Government Minister for the Environment, Heritage and the percentage of the annual budget provided by Local Government (Mr. Roche): I assume that 1081 Questions— 9 March 2006. Written Answers 1082 the question refers to general purpose grant allo- demands including domestic water services pro- cations from the local government fund. vision in 2006 and beyond. General purpose grants are discretionary block grants paid to local authorities as a contribution Housing Grants. towards their current costs. These costs are also funded by specific State grants and income from 230. Mr. Walsh asked the Minister for the local sources such as commercial rates and Environment, Heritage and Local Government charges for goods and services. It is a matter for the position regarding the 2004 affordable hous- each local authority, in the context of its annual ing scheme (details supplied) in County Cork; budgetary process, to determine its own spending and if he will make a statement on the matter. priorities having regard to the amount of funding [9908/06] available to it and local needs and circumstances. I have no proposals to introduce greater central Minister of State at the Department of the prescription into this process by directing local Environment, Heritage and Local Government authorities in relation to the spreading of their (Mr. N. Ahern): Following the approval by Cork general purpose grants. County Council of the comprehensive feasibility assessment carried out on this site, an amendment to the local area plan was advertised on 20 229. Mr. Naughten asked the Minister for the February 2006 and will remain on public display Environment, Heritage and Local Government for inspection until 3 April 2006 in the two rel- his views on whether the huge variances that exist evant divisional areas. In parallel with this pro- between local authorities’ commercial water cess, the council is also engaging with consultants charges is at least in part attributable to the inad- to draw up plans for the relevant tender docu- equate amount of funding allocated by his mentation. Department; and if he will make a statement on The measures being undertaken by the council the matter. [9889/06] are necessary to ensure the transparency of the process and will hopefully result in a develop- Minister for the Environment, Heritage and ment that will be acceptable to all interested par- Local Government (Mr. Roche): The Govern- ties. Commencement of construction on the site ment’s national water services pricing policy will be contingent on the outcome of the plan- framework requires local authorities to recover ning process. the cost of providing water services from the users of these services, with the exception of households using the services for domestic Planning Issus. purposes. 231. Ms C. Murphy asked the Minister for the The unit cost of water services provision will Environment, Heritage and Local Government differ between sanitary authorities given the dif- the consideration he has given to the regulation ferences in the costs of water production across of management companies in mixed housing each local authority area and the economies of developments; and if he will make a statement on scale that apply. Sanitary authorities are in the matter. [9917/06] accordance with Government policy moving to a more uniform system for determining and apply- Minister for the Environment, Heritage and ing these charges. It is however a matter for each Local Government (Mr. Roche): A Law Reform sanitary authority to set the appropriate level of Commission working group is currently examin- charges for non-domestic users of water services ing a range of legal issues in relation to the man- subject to the policy framework provision for the agement of multi-unit structures. The Govern- full recovery of actual costs and water and waste ment will consider the recommendations in its water charges being determined having regard to final report, including the need for any new legis- this principle. lation in this area. I do not consider that current arrangements for Following a request for information from my the funding of water services have contributed to Department, I understand that the majority of the variances in the cost of water services planning authorities do not attach conditions to between sanitary authorities. In this regard, the planning permissions requiring management capital cost of domestic water services is funded companies to be set up in the case of housing in full by the Exchequer and has benefited from estates. A number do in specified circumstances, a significant investment of \2.7 billion since 2000. for example, where there is a shared waste water The operational cost of providing water services treatment plant between a number of houses. for domestic purposes is met by grants from the The Department issued circular letter PD 1/06 local government fund, in particular through the on 25 January 2006 reminding local authorities of general purpose grant which will amount to some their obligations under section 180 of the Plan- \875 million in 2006. I believe that with prudent ning and Development Act 2000 in relation to use of this funding and the pursuit of further taking in charge of estates. The circular letter also efficiencies and expenditure rationalisation, local clearly states that the existence of a management authorities will be adequately resourced to meet company to maintain elements of common build- 1083 Questions— 9 March 2006. Written Answers 1084

[Mr. Roche.] The results of my Department’s subsequent ings, carry out landscaping, etc. must not impact national water study, which involved an audit of upon the decision by the authority to take in all public water supplies outside the greater charge roads and related infrastructure where a Dublin area serving more than 5,000 consumers, request to do so is made. were published in March 2000. The study exam- I am considering whether any further guidance ined 91 water supply schemes operated by some should issue to planning authorities regarding 38 local authorities and reported on all aspects of planning conditions in relation to management water supply including availability of raw water, companies. treatment capacity, water distribution systems and associated management issues. It found, inter Housing Grants. alia, that unaccounted for water levels varied sig- nificantly between regions but were generally in 232. Ms C. Murphy asked the Minister for the the range of between 40% to 50%. Environment, Heritage and Local Government if In May 2003 the Department allocated a he intends to respond to the recommendations of further \276 million to local authorities to iden- the Indecon report regarding the disabled per- tify and substantially reduce unaccounted for sons grant; and if he will make a statement on the water in public supply networks. The bulk of the matter. [9918/06] allocation, \194 million, was provided for net- work rehabilitation or replacement works by Minister of State at the Department of the authorities that had carried out water manage- Environment, Heritage and Local Government ment system studies under the earlier pilot phase. (Mr. N. Ahern): The recommendations of the The balance of \82 million will enable the Indecon report regarding the disabled persons remaining authorities to complete water manage- grant scheme have been noted and will be con- ment system studies as a necessary precursor to sidered in the context of the review of the scheme structural rehabilitation works. In November being finalised in my Department at the moment. 2005, I increased the recoupment available to local authorities from the Department for certain Water and Sewerage Schemes. water conservation activities from 75% to 90% to encourage and facilitate greater progress on the 233. Ms C. Murphy asked the Minister for the national water conservation programme gener- Environment, Heritage and Local Government ally. Details of allocations to individual auth- the measures he intends to introduce in relation orities are set out in my Department’s water to water conservation; and if he will make a state- services investment programme 2005-07, which is ment on the matter. [9920/06] available in the Oireachtas Library. Detailed information on the cost of unac- Minister for the Environment, Heritage and counted for water in the public water supply Local Government (Mr. Roche): While local system generally is not available in my Depart- authorities are responsible for the operation and ment. There are variations in the production costs maintenance of their public water supply systems, of water between local authorities and, in my Department has undertaken a number of addition, not all unaccounted for water is lost initiatives over the years to assist authorities to through leakage. A significant proportion relates optimise the management, quality and efficiency to unauthorised or unrecorded connections. The of such systems. universal metering of all non-domestic consumers In 1996, following publication of the greater which is scheduled for completion by end 2006, Dublin water supply strategic study, a new of coupled with the local authorities’ ongoing water capital funding line was introduced to help reduce management system studies, will significantly unaccounted for water levels in local authority improve the range of data available in this area distribution networks, to improve the quality of and further help to reduce the levels of unac- supply to consumers, to lower operating costs and counted for water. to maximise the value of investment in capital works. A series of pilot schemes to identify 234. Ms C. Murphy asked the Minister for the potential improvements, as well as some physical Environment, Heritage and Local Government work on network rehabilitation, was undertaken the progress which has been made on the leak as a first measure. Project locations included detection project for water supplies in the greater Dublin, Cork, Galway, Waterford, Limerick, Dublin area since it commenced; the further work Athlone and Clonmel. All of these schemes have which is planned; and if he will make a statement now been completed with the aid of capital fund- on the matter. [9921/06] ing of \63 million from my Department. The results show that unaccounted for water rates Minister for the Environment, Heritage and have reduced considerably. For example, in Local Government (Mr. Roche): Exchequer Dublin they have fallen from 42.5% to 28.7%, in funding for leak detection works and other infras- Donegal from 59% to 39%, in Meath from 47% tructural measures to improve the management to 34% and in Kilkenny from 45% to 29%. of water supplies in the Dublin region was pro- 1085 Questions— 9 March 2006. Written Answers 1086 vided under my Department’s water services Planning Issues. investment programme as part of the Dublin 236. Ms C. Murphy asked the Minister for the region water conservation project between 1996 Environment, Heritage and Local Government and 2000 during which unaccounted for water lev- the guidelines, instructions or advice which has els were reduced from 42% to below 29%. Fol- been received from institutions of the EU regard- lowing completion of this project in 2000, the ing unauthorised developments and the appropri- local authorities concerned have assumed ateness of granting retention of such devel- ongoing responsibility for leakage detection and opments; and if he will make a statement on the repair as an operational function. Further infor- matter. [9923/06] mation in this regard may appropriately be sought from Dublin City Council which is acting Minister for the Environment, Heritage and as lead authority for the region. \ Local Government (Mr. Roche): I refer to the A further allocation of 118.3 million has been reply to Question No. 39 of 8 March 2006. provided under my Department’s water services investment programme 2005-07 for the rehabili- Official Engagements. tation of defective and unserviceable water mains in the Dublin region as part of a national water 237. Mr. Kehoe asked the Minister for the conservation sub-programme. I understand that Environment, Heritage and Local Government if Dublin City Council, also acting as lead authority he will be travelling abroad for the St. Patrick’s in this case, has now appointed consultants to Day festivities; and if so, the location he will be produce contract documents and to oversee the visiting; the functions he will be attending; and implementation of the relevant works in the the groups he will meet. [9943/06] region. Minister for the Environment, Heritage and 235. Ms C. Murphy asked the Minister for the Local Government (Mr. Roche): It is intended Environment, Heritage and Local Government that I will visit Malaysia, Thailand and Japan dur- the current water supply demand in the greater ing St. Patrick’s week. Dublin area; the sources which currently supply In Kuala Lumpur I expect to meet the vice- that demand; the project need up to 2010; the president of the St. Patrick’s Society and attend courses which will satisfy that demand; and if he the St. Patrick’s ball. I also expect to meet my will make a statement on the matter. [9922/06] Malaysian ministerial counterpart, attend an Irish business network function, co-hosted by the Irish Minister for the Environment, Heritage and Ambassador and Enterprise Ireland, and attend Local Government (Mr. Roche): The current out- a function for business partners by Irish Univer- put of the water production plants in the greater sities Medical Consortium. I propose to spend Dublin area — including Kildare, Meath and one day in Bangkok where I will be attending the Wicklow — is approximately 582 million litres Festival of Ireland 2006, organised by the Thai per day. The main water treatment plants provid- Chamber of Commerce. ing water to the region are located at Ballyboden, The programme for my visit to Tokyo and Ballymore Eustace, Leixlip and Vartry. Osaka is being finalised. However, I expect to A range of projects to further expand capacity attend meetings at Takeda Pharmaceuticals and is being advanced under my Department’s water Matsushita Electrics and meet the Irish communi- services investment programme 2005-07. These ties in both cities. I also hope to meet the include the Kildare Wellfield development, the Japanese Foreign Minister, the Vice-Foreign Leixlip water treatment plant extension, Navan Minister and a number of parliamentarians, the water supply scheme, Wicklow town water supply Minister for the Environment and attend a func- scheme and the expansion of the Ballymore Eus- tion organised by the American Ireland Fund of tace water treatment plant. The Ballymore Eus- Japan in addition to attending the St. Patrick’s tace scheme will increase capacity by a further 44 Day parade in Toyko. million litres per day. A recently completed interim upgrade to the plant has already secured EU Directives. 22 million litres per day of this increase. In 238. Mr. Stanton asked the Minister for the addition, the programme includes funding to sup- Environment, Heritage and Local Government port the identification of new sources to meet the way in which the nitrates directive will be projected demand in the greater Dublin area up enforced; the bodies that will be charged with to 2031. enforcement; and if he will make a statement on Since 1996, over \55 million has been spent on the matter. [9944/06] ongoing water conservation works in the region to reduce unaccounted for water and water losses Minister for the Environment, Heritage and in the distribution system. These measures, taken Local Government (Mr. Roche): The European together, are designed to ensure the availability Communities (Good Agricultural Practice for of adequate water supplies to meet the needs of Protection of Waters) Regulations 2005 provide the greater Dublin area in the medium term. that local authorities and shall carry out such 1087 Questions— 9 March 2006. Written Answers 1088

[Mr. Roche.] relation to the performance of their environmen- inspections of farm holdings as are necessary for tal protection functions. the purposes of the regulations. The regulations also provide that local authorities should aim to co-ordinate their inspection activities with inspec- 239. Mr. Stanton asked the Minister for the tions carried out by other public authorities and Environment, Heritage and Local Government further provide for an inspection protocol which the progress being made in relation to nitrates is to be drawn up between my Department and directive and derogation; and if he will make a the Department of Agriculture and Food. Farm statement on the matter. [9945/06] inspections will be carried out by the Department of Agriculture and Food in the context of cross- Minister for the Environment, Heritage and compliance under the single payment scheme. Local Government (Mr. Roche): I refer to the It should also be noted that local authorities replies to Questions Nos. 51, 76 and 93 of 8 act under the general supervision of the EPA in March 2006.