Da´Il E´Ireann

Vol. 648 Wednesday, No. 3 27 February 2008

DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES

DA´ IL E´ IREANN

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

Wednesday, 27 February 2008.

Leaders’ Questions ……………………………… 519 Ceisteanna—Questions Taoiseach ………………………………… 525 Requests to move Adjournment of Da´il under Standing Order 32 ……………… 536 Order of Business ……………………………… 537 Limerick City Alteration Order 2008: Motion …………………… 543 Passports Bill 2007: Report Stage (resumed) and Final Stage ……………… 543 Civil Law (Miscellaneous Provisions) Bill 2006: Order for Report Stage …………………………… 550 Report Stage ……………………………… 550 Message from Select Committee ………………………… 570 Ceisteanna—Questions (resumed) Minister for the Environment, Heritage and Local Government Priority Questions …………………………… 570 Visit of Northern Ireland Assembly Commission Delegation ……………… 578 Ceisteanna—Questions (resumed) Minister for the Environment, Heritage and Local Government Priority Questions (resumed) ……………………… 578 Other Questions …………………………… 581 Adjournment Debate Matters …………………………… 593 Civil Law (Miscellaneous Provisions) Bill 2006 — Report Stage (resumed) and Final Stage … … 594 Student Support Bill 2008: Second Stage (resumed) 602 Private Members’ Business Broadband Services: Motion ………………………… 629 Adjournment Debate Schools Building Projects …………………………… 654 Educational Projects …………………………… 658 Questions: Written Answers …………………………… 661 DA´ IL E´ IREANN

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De´ Ce´adaoin, 27 Feabhra 2008. Wednesday, 27 February 2008.

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Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m.

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Paidir. Prayer.

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Leaders’ Questions.

———— Deputy Enda Kenny: I was tempted to raise the readmission of Deputy Edward O’Keeffe to Fianna Fa´il but——

(Interruptions).

Deputy Willie O’Dea: Deputy Kenny should go on.

An Ceann Comhairle: Deputy Kenny does not want to raise the temperature.

Deputy Michael P. Kitt: It is the race to the bottom

Deputy Enda Kenny: Fianna Faíl might need him shortly. I recognise that the Taoiseach is away on official business. I expect the Tańaiste will be in touch with him today and I would like him to remind the Taoiseach I have a number of serious questions I would like him to answer when he returns. In the Tańaiste’s less than 100% support for the Taoiseach in this House yesterday he claimed I was jumping to conclusions, that I had assumed the role of the Revenue Commissioners and that I was determining people’s guilt. I made the point that I was asking the Tańaiste questions about facts that had emerged from the Taoiseach’s mouth. Yesterday the Tańaiste came to a conclusion and an assertion and said in response to Deputy Gilmore that the Mahon tribunal had a “bogus dollar” claim. What evidence has the Tańaiste to back up that assertion? What proof has he that this is a bogus dollar claim? If he does not have that evidence, is he prepared to withdraw that remark? Speaking for the Government last night, Deputy Fahey said the Mahon tribunal is involved in a witch hunt against the Taoiseach. Does the Tańaiste believe that the Mahon tribunal is engaged in a witch hunt against the Taoiseach, yes or no?

The Ta´naiste: I am not aware that is an accurate reflection of what Deputy Fahey said. Fine Gael is conducting a witch hunt. It is a political witch hunt that runs into sand regularly.

Deputy Billy Timmins: There are many witches out there.

Deputy Kieran O’Donnell: It is going well. 519 Leaders’ 27 February 2008. Questions

The Ta´naiste: I would listen to what the tribunal has to say about its workings and how we can best assist it. It is the best arbiter of how we should conduct ourselves on the proceedings there. In a formal statement at the beginning of this year the tribunal made it clear that it does not regard as helpful continuing evaluations on a weekly and daily basis, mostly from Fine Gael members in an effort to draw some partisan political advantage that might emerge. The tribunal has made it clear that is not helpful to the conduct of its proceedings. It affects the perception of fair play which the tribunal is anxious to uphold and which it will and must uphold. The tribunals are not subject to the usual sub judice rules of court and hearsay and second- hand evidence can be brought forward. The allegation against the Taoiseach, on the basis of an assertion made by Mr. Tom Gilmartin, which has been of nine years standing, that he obtained a corrupt payment from Mr. Owen O’Callaghan, as far as I am aware has not been directly put to him yet. There is no supportive material in the interim to suggest it is true or has been corroborated. On the bogus dollar claim, counsel for the Taoiseach does not agree with the theory the tribunal put forward. I do not often read the transcripts, but on that occasion it made the point that it was simply putting forward propositions, not advocating positions. The suggestion Deputy Kenny contends, that the tribunal holds that view, is not something even counsel for the tribunal suggests. It is simply putting a proposition to the Taoiseach for him to rebut it.

Deputy Paul Kehoe: The Ta´naiste should read the transcripts.

Deputy Noel Dempsey: We have read them.

Deputy Enda Kenny: In Tullamore last weekend the Tańaiste said in one interview that the tribunal was able to do its work and was doing good work. The Taoiseach said the tribunal has a number of flaws. The Tańaiste did not answer the assertion he made yesterday that the tribunal has a bogus dollar claim. I understand it went through 1,200 permutations to arrive at its conclusion. How many did the Taoiseach’s legal team deal with if the Tańaiste states in this House as a matter of fact that this is a bogus dollar claim? The Tańaiste has not said whether he believes that, as Deputy Fahey said last night on behalf of the Government, the tribunal is involved in a witch hunt against the Taoiseach.

Deputy Willie O’Dea: It is not. He did not say that.

Deputy Enda Kenny: The statements made by Minister after Minister, including the greatest columnist of them all, the Minister, Deputy O’Dea, who has been making comments on this tribunal and its remit for a very long time, are the running commentaries.

Deputy Willie O’Dea: Deputy Kenny should keep it accurate. He should tell the truth for a change and try to be straight.

Deputy Enda Kenny: Let us move on from this.

Deputy Willie O’Dea: We will take no lessons in the truth from Fine Gael members. They would not know the truth if it bit them.

Deputy Ruairı´ Quinn: The Minister, Deputy O’Dea, takes his defence role seriously. Who is he defending?

Deputy Michael Ring: Fianna Fa´il would know a lot about the truth. 520 Leaders’ 27 February 2008. Questions

(Interruptions).

An Ceann Comhairle: Deputy Kenny, without interruption.

Deputy Willie O’Dea: The Opposition had its chance last year.

Deputy Kathleen Lynch: This is round two.

Deputy Enda Kenny: At last year’s Humbert summer school in Ballina, the Ta´naiste said that the Taoiseach, Deputy Bertie Ahern, was never the recipient of beneficial gain from his years in politics. Does the Ta´naiste believe the statement of the chairman of the tribunal that it is investigating two and a half times the Taoiseach’s known and admitted income in a 12- month period?

The Ta´naiste: What is that statement?

Deputy Enda Kenny: The statement from the chairman of the tribunal that it was investigating two and a half times the Taoiseach’s known and admitted income in a 12-month period.

The Ta´naiste: According to Deputy Kenny, it is half a million euro.

Deputy Enda Kenny: In today’s terms, it is the equivalent of half a million euro.

The Ta´naiste: No, it is not. That is more dishonesty on the part of the Deputy and it is disingenuous of him.

Deputy Enda Kenny: It is two and half times his known and admitted salary.

An Ceann Comhairle: Deputy Kenny should put his question to the Ta´naiste, who should then reply.

Deputy Willie O’Dea: We do not know the question.

Deputy Enda Kenny: Does the Tańaiste believe the statement of the chairman of the tribunal that it is investigating money received that was two and a half times his known and admitted income? In this House, the Taoiseach said that he had no tax issues, but at the tribunal he accepted that he had tax issues. In this House he said that there were no more accounts to be revealed, which is patently not the case given his evidence at the tribunal. He said that he would explain all the sources of all these monies, but at the tribunal he either cannot or will not explain them. As his anointed successor, as Tańaiste and Minister for Finance and the person who will have to clean all this up, does the Tańaiste believe the Taoiseach’s evidence, yes or no?

The Ta´naiste: In case he is under any misapprehension, I want to make it clear to Deputy Kenny that the Taoiseach is giving his evidence truthfully, the same as other people at the tribunal. The evaluation of that evidence will be decided upon by the judges who have been appointed by the Oireachtas, not by the Deputy who is neither qualified nor able to evaluate that evidence.

Deputies: Hear, hear.

(Interruptions).

Deputy Jimmy Deenihan: So the Ta´naiste believes it. 521 Leaders’ 27 February 2008. Questions

The Ta´naiste: Deputy Kenny is coming into the House every second day, asking whether I agree with this or that statement. If the man said it, I am sure it is true. That is what the judge is doing. That evidence has to be evaluated. It cannot be decided by Deputy Kenny. We will not have political mob rule in Parliament.

Deputies: Hear, hear.

Deputy Michael Ring: The mob was out in force a few weeks ago.

The Ta´naiste: All the Deputy’s efforts to try to distract the Government will not work. The Government will continue to do its work. The only person who is not doing anything apart from coming in and dealing with this matter is the Deputy. In fairness to this man, he has something to say about other things, but the Deputy has nothing to say.

(Interruptions).

A Deputy: Does the Ta´naiste believe him?

Deputy Billy Timmins: Beware the Trojan horse.

(Interruptions).

Deputy Eamon Gilmore: The Ta´naiste has made my day. I hope I will make his day too.

An Ceann Comhairle: Deputy Gilmore, without the chorus.

Deputy Eamon Gilmore: The Ta´naiste’s replies to Deputy Kenny and me yesterday and today are beginning to sound more and more like the chairman of the board of a club expressing full confidence in the manager. This time last year the FAI——

The Ta´naiste: That only happens with the Labour Party.

Deputy Eamon Gilmore: ——was expressing full confidence in Steve Staunton while he retained the confidence of the fans and the players. The Tańaiste commented yesterday and today on the length of time the tribunal is taking. One of the delays the tribunal will encounter is the legal challenge that has been mounted by the Taoiseach, which he claims is on the basis of protecting parliamentary privilege. Of course that is not the case. It is an attempt by the Taoiseach to buy time. Will the Tańaiste ask the Taoiseach to withdraw his legal challenge to the workings of the tribunal so that it can conclude all this business much more quickly than will otherwise be the case because it will take six to nine months more for the tribunal to do its work if that legal challenge proceeds. The Tańaiste also said yesterday — he referred to it again today — that the Taoiseach’s appearances at the tribunal, the embarrassment he is suffering there and the consequences of that for Government are not distracting from the work of Government. Last autumn we witnessed the sad spectacle of nine women being recalled to a hospital in the Tańaiste’s constituency because they were misdiagnosed. They had been given the all clear, but it turned out they had cancer. A woman in Galway was given the all clear on two occasions, but it also turned out she had cancer. There was the case of Ms Rebecca O’Malley, who was misdiagnosed in Limerick. We were promised reports on all those cases and those reports were to have been published before Christmas, outlining what happened, why these women were misdiagnosed and what went wrong. The last time I asked the Taoiseach about it, he said that the report dealing with the Portlaoise case would be published before the end of February. We are now at the end of February, so will that report be published in the next day or two? 522 Leaders’ 27 February 2008. Questions

The Ta´naiste: The second matter is an issue in which people are far more interested. The Minister for Health and Children has asked the chief executive officer of the HSE to request a report on the circumstances that led to the decisions of the HSE to suspend breast radiology services at the hospital, to place a consultant radiologist on administrative leave and to initiate a clinical review of breast radiology services. That report, which was carried out by a review group led by Ms Ann Doherty of the National Hospitals Office, has been completed and submitted to the chief executive officer of the HSE and the Department of Health and Chil- dren. The Minister has also asked for a report from the board of the HSE on the management of all events starting from and subsequent to those decisions. That report, which was produced by Mr. John Fitzgerald, has been completed and will be examined by the board at a meeting on Thursday of this week. A clinical report, conducted by Ms Ann O’Doherty — the other report was produced by Ms Ann Doherty — has been the subject of legal issues raised by some of the parties named in it. The case has not yet been resolved to the satisfaction of legal advisers to the various parties. The Minister for Health and Children will publish those reports as quickly as possible. Being from that constituency and knowing some of the people involved, I agree, as do other Deputies in the constituency, it is important that these reports are brought into the public domain as quickly as possible to find out what happened, how it happened and, as an exercise in accountability, make sure it does not happen again. We should also make sure that the best possible clinical support is available for the purposes of seeing how the treatment can be progressed and dealt with, hopefully, successfully. I made the point that, while Deputy Kenny can give his opinion on the tribunal, score a few political points and get some advantage if possible — that is the cut and thrust of politics and we all understand that — he is not authorised by the Oireachtas to evaluate the evidence. It is the job of the three judges to evaluate the evidence. Regarding the suggestion that the Taoiseach is in some way responsible for delays, the cor- ollary of that argument is that he has less rights than other citizens who come before the tribunal in the event that issues of substance arise, based on his legal advice. Incidentally, Deputy Gilmore suggested yesterday that one of the issues upon which the Taoiseach was seeking legal advice was that he was depriving the tribunal of a report by Mr. Paddy Strong, an adviser to his legal team on certain matters that arose in the tribunal. That is not correct. The tribunal has the report. The issue is that the tribunal has suggested it wants to go behind that privileged relationship and seek the communications between the legal advisers and the expert they employed to help deal with the Taoiseach’s side of the story regarding that matter. That is an issue of substance. I remind the Deputy that when Judge Mahon had a contretemps with the Taoiseach’s counsel last Friday, he made the point that it is open to any person before the tribunal to seek legal redress in the courts on any issue. The tribunal does not in any way regard that as a wrong thing to do or a course of action that compromises it in any way. In fact, it would advise such action should any of the people before it feel strongly about any particular matters where procedures and fair play are involved because, unlike some Members of this House, it wants to see an objective assessment and evaluation of all the evidence, with the full rights and entitlements of all those before it being respected. The Taoiseach is making the point in relation to one of the matters he is bringing for judicial review in a court action that he is obliged not to give the information he gives in this House. His legal advice, which is based on constitutional provisions in Bunreacht na hE´ ireann, is not that he should be obliged to give this information but that he is obliged not to give it. 523 Leaders’ 27 February 2008. Questions

[The Ta´naiste.]

These are matters of substance and other matters of substance brought by counsel for the tribunal and others have been adjudicated on by the High Court and Supreme Court. I invite Deputies to read the Supreme Court judgments in which strong views are expressed by eminent members of the Judiciary on certain issues that came before the court. There are fair procedures to be adjudicated on. The right to constitutional and natural justice is an unenumerated constitutional right in case law and before the courts. It is available to every citizen, however humble or eminent.

Deputy Eamon Gilmore: Two issues arise from the Ta´naiste’s reply. First, it is perfectly clear that the whole issue of the tribunal and the Taoiseach is transfixing the Government and distracting its attention from the issues which affect the people.

The Ta´naiste: It is transfixing the Opposition.

Deputy Eamon Gilmore: Last autumn, the country was scandalised by the problems experienced by a group of women and the sad case of these women walking into a clinic on a Saturday morning to find out if they had cancer. Now that the issue has disappeared from the headlines, it has been forgotten about. The report which was supposed to be produced by the Minister for Health and Children, Deputy Harney, has not materialised. It was promised for November but was not delivered. It was then promised for the end of February and it is clear it will not be delivered by then either. When I ask the Ta´naiste about the report the only response he can give is to read a prepared statement.

Deputy Willie O’Dea: The tribunal did not stop the report.

Deputy Eamon Gilmore: The women in question are entitled to a response. It is clear the Government is not giving the matter the priority it deserves. As for the position of the Taoiseach, it is as clear to the Ta´naiste as it is to every Deputy on this side of the House and most Members on the Government side that Deputy Ahern’s days as Taoiseach are numbered. The Minister for Defence, Deputy O’Dea, need not smile. He took an each way bet on Sunday by having two articles in the Sunday Independent, one defending the Taoiseach and the other praising the Minister for Finance. He cannot lose.

Deputy Willie O’Dea: It was nothing less than they deserve.

(Interruptions).

Deputy Eamon Gilmore: Every Member of the House and members of the general public now know that the Taoiseach’s days are numbered. The issue to be faced up to is whether his departure from office will be long and painful or whether the Tańaiste will act. What really matters now is not so much what the Tańaiste says as what action he will take. The half-hearted defence he has given the Taoiseach over the past two days does not fill me with a great deal of confidence that his support will continue. The sooner the Tańaiste acts by gathering around himself a couple of senior Ministers, knocking on the Taoiseach’s door and telling him the game is up and the country needs to move on from the scandalous and embarrassing position in which the Taoiseach has placed it as a result of the convoluted and unbelievable evidence he has given before the tribunal, the better for all of us.

The Ta´naiste: Given the adversarial nature of our political system, there is nothing I can say to the Deputy that would fill him with sufficient confidence. His job is to try to ebb confidence 524 Ceisteanna — 27 February 2008. Questions away from the Government. He is not interested in confidence in the Government. That is my first point. My second point is meant slightly humorously. If ever I want advice on coups or conspiracies, I can knock on the door of former Workers Party activists who would give me a lecture in democratic centralism.

Deputy Eamon Gilmore: The Ta´naiste is dredging the barrel.

Deputy Willie O’Dea: They know how to get rid of the evidence.

The Ta´naiste: I want to make a serious point, one which I made yesterday. I read comments by Deputy Gilmore in a good speech he made in May 1997 when the tribunal was being established.

Deputy Eamon Gilmore: The Ta´naiste must have very little to do if he is reading speeches I made in 1997.

The Ta´naiste: I have good researchers.

Deputy Eamon Gilmore: Even I do not read them.

The Ta´naiste: I did not do the hard left trick of repeating comments without attributing them, allowing the Deputy who made them to disagree with them and then pointing out to him that he made them. In 1997, Deputy Gilmore made a point that is relevant to today’s debate on what we should do in the current circumstances. He stated that if we are to lift the suspicions, serve the people properly and let the tribunal get on with its job and come to conclusions as expeditiously as possible, it is important that we get on with our job and allow the tribunal to get on with its job. We have a continuous effort to bring its work into the House for predictable, party political purposes under the guise of statesmanship and standards and all the old guff that emanates from that side of the House and is part of its tradition.

Deputy Richard Bruton: Who is obstructing the tribunal?

The Ta´naiste: We need to get on with business. We are here to do the business and are getting on with our job. We would like the Opposition to engage also because that is what people want. To address the issue that is more germane, as Deputy Quinn pointed out, the reports in question will be published as quickly as possible. A legal problem has arisen with regard to one of the reports, while another will come before the board of the Health Service Executive on Thursday. I see no reason it could not be published following consideration by the board.

Ceisteanna — Questions.

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Tourism Industry. 1. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach the manner in which the numbers of overseas visitors to Ireland are estimated; and if he will make a statement on the matter. [29233/07]

Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): The Central Statis- tics Office estimates the number of overseas visitors to Ireland using actual passenger numbers 525 Ceisteanna — 27 February 2008. Questions

[Deputy Tom Kitt.] supplied by the airport authorities and shipping companies combined with a large-scale sample survey conducted in Irish airports and seaports. The country of residence survey is a continuous large-scale sample survey where incoming and departing passengers are interviewed. This provides country of residence breakdowns for passengers which are applied to the total passenger numbers, giving estimates of overseas visitors to Ireland as well as Irish visits abroad. The survey was redesigned in 2005 in line with international best practice. The sample size of the country of residence survey in 2006 was slightly more than 665,500 passengers, equating to an overall sampling fraction of more than 2% of all passengers. The most recent results from the overseas travel release to the end of December 2007 showed trips to Ireland totalled 8,012,200 compared to 7,709,000 in the same period in 2006, an increase of 3.9%.

Deputy Caoimhghı´nO´ Caola´in: I thank the Minister of State for his reply. I have raised this issue on a number of occasions and I require clarification. Are the figures for overseas visitors based solely on the numbers entering this jurisdiction through airports and seaports with no distinction drawn between actual visitors and Irish people returning home? This was the case and if it is still the case, it means the figures are not at all indicative of the true factual position. Does the Minister of State accept that Irish people travel overseas in ever greater numbers and their return journeys are included as numbers accessing Ireland? Has any examination or methodology other than the return of numbers entering via airports and seaports been explored, employed or considered in order to have a more accurate picture of 11 o’clock the real throughput of visitor numbers? Does the CSO co-operate with Tourism Ireland in determining numbers? Will the Minister of State consider evaluating hotel, bed and breakfast and other accommodation bed-night numbers as a more certain indication of the real numbers visiting our shores on an annual basis? These figures reflect only visitor numbers coming through airports and seaports across the Twenty-six Counties. The Minister of State indicated previously that of necessity progress will be made on having an all-island approach to determine the true statistical visitor numbers and that the ports of Larne and Belfast and Belfast City and Belfast International Airports would all be included. The numbers already cited, which I believe are inaccurate, are further skewed given that a significant and perhaps growing number of visitors enter the island of Ireland through Northern access points. Will the Minister of State indicate what progress has been made in this regard? Will he come clean on the accuracy of the figures he presented? Does he agree with this Deputy that the figures are not reliable?

Deputy Tom Kitt: To answer the first question, Deputy O´ Caola´in is correct to state the figures include Irish people returning home. Two sample surveys are done on passengers. The first is the country of residence survey which asks two questions, namely, where people are from and the number of trips they made abroad. The second is the passenger card inquiry, PCI. These are carried out by the CSO. The country of residence survey provides estimates of the number of inbound and outbound passengers to the Republic of Ireland by country of residence. The PCI provides additional information regarding reasons for journeys, ticket type and expenditure. The country of residence survey is used to provide analysis of arriving and departing passengers by country of residence and the survey is conducted at the airports in Dublin, Cork, Shannon, Knock and Kerry and the ports at Rosslare, Ringaskiddy, Du´ n Laoghaire and Dublin. This selection is done in such a way as to ensure proper representation of airport and port pairing, day and night and weekday and weekend flights and sailings. On selected sailings and flights, a one in 526 Ceisteanna — 27 February 2008. Questions five systematic sample of passengers is selected and their countries of residence are recorded by a CSO interviewer. Sample results are grossed up to total passenger numbers travelling from each airport and port pairing in the Republic of Ireland as provided by the airports and ferry companies. Where an airport and port pairing was not covered in a survey month, results are imputed on the basis of nearest neighbour. The survey allows the CSO to measure the number of non-Irish residents travelling into the Republic of Ireland and the number of Irish residents travelling abroad. As the country of residence survey does not establish the reason for an individual’s trip or length of stay, those travelling for reason of remuneration for more than one year to this country cannot be excluded. Deputy O´ Caola´in has previously raised the matter of co-operation between North and South. Apart from joint work on statistical reports, such as Ireland North and South A Statisti- cal Profile, active contact also takes place between the statistical authorities North and South on matters of common interest. Unlike in the Republic where most surveys are conducted and published by the CSO, in Northern Ireland’s statistical system many departments have responsibility for publishing the official statistics on a given topic. In the case of tourism, the Northern Ireland Tourist Board has responsibility for collection and the CSO is in regular contact with its officials. A great deal more co-operation is taking place since we last spoke on this matter. I inquired about this issue and the Northern Ireland Tourist Board will conduct a pilot scheme similar to our country of residence procedure. It is vital to have co-operation on tourism and that our tourism board uses the material compiled. The bottom line is that the figures show that in December 2007 trips to Ireland totalled 8,012,200 compared to 7,709,000 in 2006. This is the most relevant figure. Comparing the first three quarters of 2006 to the first three quarters of 2007, one sees that visitors from Great Britain decreased by 1%, those from the USA and Canada increased by 1% and the number of visitors from other European countries increased by 15%. The number of those visiting from other areas increased by 2.5%. This shows an increase in visitors from Europe which is extremely positive. These figures are vital for our tourist bodies and are used to focus on where the markets need to be improved.

Deputy Caoimhghı´nO´ Caola´in: Does the Minister of State agree a far more scientific approach to determining these figures must be found? It is as reasonable to suggest the travel numbers from this island to the neighbouring island may have reduced, that more Irish people go to Europe on holidays and their return from destinations such as France, Spain and Portugal could explain the 15% increase. I do not mean to discredit the statistics. I understand the limitations, but another method must be found. Does the Minister of State agree that all-island analysis and co-operation is required and will he undertake to address this matter with the CSO and the tourist bodies and enable us to have confidence in the figures? I was concerned to note that last September the Minister of State at the Department of Community, Rural and Gaeltacht Affairs with responsibility for integration policy, Deputy Conor Lenihan, indicated the 2006 census seriously underestimated the number of foreign nationals here. He instanced his view of the Polish population in this State. Does the Minister of State recall his suggestion that the number of Polish residents in this jurisdiction was more of the order of 160,000 to 200,000 than the 62,495 reported in the 2006 census? On what was the Minister of State, Deputy Conor Lenihan, basing his figures?

Deputy Denis Naughten: A Cheann Comhairle, this relates to the next set of questions. 527 Ceisteanna — 27 February 2008. Questions

Deputy Emmet Stagg: A Cheann Comhairle, are we dealing with Questions Nos. 2 to 5, inclusive?

An Ceann Comhairle: We are dealing with Question No. 1 only. However, we are beginning to stray a little, to say the least, Deputy O´ Caola´in.

Deputy Caoimhghı´nO´ Caola´in: With the Ceann Comhairle’s indulgence I will conclude with the point that it is important that we have statistical accuracy across the board. That is the correlation I am drawing with the statistics of the Central Statistics Office. I would appreciate the Minister of State’s comments on this. Is it possible that our census statistics and report are as inaccurate as the figures he has already shared with us on annual visitor numbers to this State?

Deputy Tom Kitt: The Deputy’s last question, as other colleagues have pointed out, is the subject of the next set of questions. I look forward to dealing with the accuracy of the census figures in some detail then. I stand by the very good work by the Central Statistics Office, CSO. I will convey the Deputy’s views to our friends in the CSO on the need for more work on the detail of the census figures. Concerning people coming from, as we call it “other Europe”, an element of that consists of Irish people coming back. There is a greater two-way flow between many new accession states and ourselves because of the large numbers of residents from those countries who have come to Ireland to live and work. I will deal with this issue in the next set of questions.

Deputy Emmet Stagg: Has the Minister of State looked at systems to estimate visitor numbers in other countries? Are they the same as ours or do we have a special system?

Deputy Tom Kitt: The most basic way of examining visitor numbers is through passenger figures supplied by the airport authorities and shipping companies. After that, one has to dig deeper for specific information.

Deputy Emmet Stagg: I know that and I accept the Minister of State may not have the information I am seeking to hand.

Deputy Tom Kitt: I will raise the matter with the CSO. There is much contact between ourselves and the relevant agency in Northern Ireland — they do things differently there — and other statistical bodies in EU member states.

Census of Population. 2. Deputy Eamon Gilmore asked the Taoiseach if he is satisfied the level of immigration as recorded in the last census was accurate, having regard to views (details supplied) that the census seriously underestimated the number of foreign nationals living here; and if he will make a statement on the matter. [20597/07]

3. Deputy Denis Naughten asked the Taoiseach if he is satisfied the recent census gives an accurate record of the number of non-Irish nationals resident here; his plans to commission research in this area; and if he will make a statement on the matter. [22418/07]

4. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach if his attention has been drawn to concerns expressed that the last census does not give an accurate record of the number of immigrants in the State; and if he will make a statement on the matter. [29232/07] 528 Ceisteanna — 27 February 2008. Questions

5. Deputy Lucinda Creighton asked the Taoiseach if he is satisfied the last census has accu- rately recorded the number of non-Irish nationals living here; his views on whether there are significantly more living here than was recorded; the measures he will adopt to deal with this discrepancy; and if he will make a statement on the matter. [29518/07]

Deputy Tom Kitt: I propose to take Questions Nos. 2 to 5, inclusive, together. As the census is fundamental to planning the future of the country, it is extremely important it is conducted in a professional manner. The CSO employed a field force of close to 5,000 persons, of whom 4,400 were enumerators, to undertake a comprehensive field operation over nine weeks in April and May 2006. Individual and household forms were available in both English and Irish and could be completed in either of the two official languages. To facilitate recent immigrants, translations of census forms were provided in 11 foreign languages: Arabic, Czech, Chinese, French, Latvian, Lithuanian, Polish, Portuguese, Romanian, Russian and Spanish. Respondents could study the language version of their choice while completing either the English or Irish language form. The enumerated population in April 2006 amounted to 4.24 million persons, representing an increase of 323,000 persons, 8.2% compared with the April 2002 figure. The 2006 census form contained 34 questions relating to individuals which included questions on usual residence, nationality and place of birth. Of the 4.17 million usually resident persons present in the State on 23 April 2006, 420,000, 10%, had a nationality other than Irish, an increase from 224,000, 5.8%, four years earlier. By comparing the results of successive censuses and making due allowance for the number of births and deaths which occurred in the intervening period it is possible to derive a measure of net migration, that is the difference between inward and outward migration. Between 2002 and 2006 the estimated net immigration flow was 191,000, representing a figure of 47,800 on an average annual basis. It is estimated that just over two thirds of this net inflow occurred in the two years following the accession of the ten new member states to the EU in May 2004. On the basis of the census results, the CSO estimates between 2004 and 2006 our population increased by approximately 1.6% per annum due to migration alone. Such a rate of growth is unprecedented in our history and is also large by international standards. For example, the corresponding rate in the UK, where there was also significant immigration due to the EU accession, is estimated to have been about a quarter of the Irish level. On the basis of this rate of net immigration, the CSO estimates the labour force grew by approximately 5% per annum in the two years before the census. This is a high growth rate by any standards and, given the strong link between migration and the labour force, a higher rate of immigration would have resulted in an implausibly high growth in employment. On the basis of the care with which the census was undertaken and an overall assessment of the results, I am satisfied it provides an accurate measure of the level of the non-Irish national population in April 2006. Suggestions to the contrary are largely based on a misunderstanding of the difference between migrant flows and the population stock. The flow data are much higher as they include many short-term movements, both inward and outward, which do not add to the stock figures. This issue was addressed in a statistical release issued in December 2007 entitled, Foreign Nationals: PPSN Allocations and Employment, 2002-2006. It showed just under half of the 447,200 non-Irish nationals aged 15 years and over who were allocated a PPSN between 2002 and 2005 had employment in the State in 2006, according to Revenue P35 end-of-year returns. A comparison of the published census data and the Revenue P35 data for non-Irish nationals 529 Ceisteanna — 27 February 2008. Questions

[Deputy Tom Kitt.] indicates a high degree of consistency between both sources. The CSO will continue to monitor all relevant sources to ensure the accuracy of its ongoing population and migrations estimates. I am happy with the degree of coherence between the various CSO data sources dealing with non-Irish nationals and, specifically, with the accuracy of the recent census results relating to these numbers.

Deputy Emmet Stagg: I thank the Minister of State for his comprehensive reply. Will he accept that accurate census figures are absolutely essential for planning infrastructure, housing and education? Does the Government stand over the 2006 census figures? The Minister of State, Deputy Conor Lenihan, rubbished the census figures on immigrants and non-nationals working and living in Ireland. When challenged both in and outside the House, he repeated his claims. Has the Minister of State, Deputy Tom Kitt, asked his source of information? If Deputy Conor Lenihan’s claims are accepted, then the figures are inaccurate. Has the Minister of State any proposals to change the census compilation methodology?

Deputy Tom Kitt: I stand over the CSO’s figures. Just looking at the detail and amount of preparation for the census, the CSO’s staff are to be commended. They delivered question- naires to 1.5 million dwellings. As Deputies know, there were 400 field supervisors and 4,400 enumerators. The CSO, following consultation with the Office of the Chief State Solicitor, pursued a number of cases in which households refused outright to co-operate. There are a number of key points. I know from my contacts with the CSO that it is confident that its census coverage was close to the targeted 100%, to the extent that if there was any under-enumeration of the population it would be no more than 1%, or around 40,000 persons. From the feedback received from field staff, it was considered highly unlikely that non-Irish nationals would have accounted for more than 10,000 of this conjectured under-enumeration. The amount of work was enormous. For example, the figure that emerged with regard to the Polish population on census night was 63,276. The work was detailed and required much preparation, and a large number of staff was required. I stand by the figures that were given to me. I agree it is vital that we have accurate figures for the purposes of planning.

Deputy Emmet Stagg: Would the Minister of State agree that there was general acceptance of the accuracy of the census figures and that this matter would not have arisen at all were it not for his colleague’s publicly made statement that they were rubbish? Has the Minister of State talked to the Minister of State, Deputy Conor Lenihan, about this or instructed him on the accuracy of the figures, if he is satisfied as to their accuracy? Did he check whether the Minister of State, Deputy Lenihan, in fact had some special information that was not available to the Minister of State and the CSO? While I am on my feet I will ask another question. How did the enumerators deal with gated communities? As somebody who likes calling to people’s houses, I have found no method of reaching people who are inside the gates, especially in blocks that have swipe-card entrances. If there is a button, one can pester them long enough for them to come out, but I do not know how the census enumerators count these people. Did they leave them out and guess how many were inside? Usually there are only one or two people in each unit. I did not see any sign of large families.

An Ceann Comhairle: The Minister of State on whether the Minister of State for integration has special agents. 530 Ceisteanna — 27 February 2008. Questions

Deputy Tom Kitt: I have not managed to speak to the Minister of State as we are all very busy, but obviously after this debate we will be having a discussion. To be fair to the Minister of State, Deputy Lenihan, there is the issue of migrant flows, as I mentioned in my own contribution, of which we are all conscious.

Deputy Emmet Stagg: He is mixed up, is he?

Deputy Tom Kitt: A person can get the impression from the migrant flows that there are more Polish people, for example, in the country than there are really. I have given the factual position. The Minister of State in question, as I understand from his article, was speaking outside the Da´il about his contacts with various organisations representing immigrant bodies. In the case of gated communities and private apartment blocks, which is, as the CSO knows from some of its other surveys, a growing phenomenon, the field supervisors contacted management companies to obtain access codes. One of the duties of the enumerators was to list in their record books every building capable of being occupied. They were all given a certain number of apartments or houses to visit, and on census night they marked each building on an up-to-date map. They also had to make contact with householders over a nine-week period in April and May, first to distribute blank census forms and then to collect the completed forms. Given the increasing complexity of Irish society, with more people at work and greater mobility, the enumerators made extensive use of calling cards in cases in which contact with householders was not easy to achieve. The CSO issued each of the enumerators with a mobile phone whose number was printed on his or her calling card to facilitate texting or telephoning by the householder to inform the enumerator of the best time to reach the householder at home. Where contact proved very difficult, the CSO allowed mailing of forms. Around 16,000 forms were posted back to the CSO. Every enumerator had a select number of houses or apartments to visit. I accept there are new issues for enumerators with regard to gated communities.

Deputy Emmet Stagg: I thought they might have a solution to a problem that we all have.

Deputy Tom Kitt: We all have that problem in our political lives. Maybe we could learn from the census staff with regard to access to gated communities.

Deputy Denis Naughten: The Minister of State said in his response “to be fair to Deputy Lenihan”. The Minister of State, Deputy Lenihan, is quoted as saying that it is pretty much acknowledged in Government circles that the figures were a huge underestimate. Who is talking rubbish here? Is it Minister of State, Deputy Kitt, or Minister of State, Deputy Lenihan?

Deputy Fergus O’Dowd: It is the two of them.

Deputy Denis Naughten: Both of them cannot be telling the truth. Is it not the case that Minister of State Lenihan’s comments constitute an allegation either that the Polish community here was dishonest and was in serious breach of the law or that the enumerators were not up to the job? Which is it? Both of these are serious allegations. Minister of State Kitt is telling us that he has not asked Minister of State Lenihan where he got his figures from or sought clarity from him on this issue. I put it to the Minister of State that his colleague has questioned the competency of the CSO. He made these comments last September and they have not since been clarified. I would expect that enumeration of illegal migrants would be more difficult as these people do not rush to the door when they hear a knock. What specific steps were taken to obtain a figure for illegal migrants? Does this represent the 1% estimate given by the CSO of the number of people that were not actually included in the figures? 531 Ceisteanna — 27 February 2008. Questions

Deputy Tom Kitt: I made it clear at the outset that I totally stand by the CSO figures. I made the case with regard to——

Deputy Denis Naughten: Does that mean that Minister of State, Deputy Lenihan, is talking rubbish?

Deputy Tom Kitt: I am just suggesting that——

Deputy Emmet Stagg: One follows from the other.

Deputy Tom Kitt: Minister of State Lenihan spoke based on his contacts with immigrant groups. As I mentioned, one possible explanation for what he suggested — he was not speaking in the House——

Deputy Denis Naughten: It does not make any difference where he was speaking. He said that in Government circles it was pretty much acknowledged that the figures were off the wall.

Deputy Tom Kitt: He was not speaking with the knowledge of the figures that I have. I suggested that his opinion was possibly based on migrant flows. I also made the point that figures released on PPS numbers showed that just under half of the 447,200 non-Irish nationals aged 15 or over who were allocated a PPS number between 2002 and 2005 had employment in the State in 2006. There is obviously an issue with regard to PPS numbers and their reflection of the number of people really working here, as we are all aware. I am bringing actual figures before the House today. As I also stated, the possible error was as little as 1%. This is shown in the extensive data that I have presented as best I can to the House. I am standing by these figures. There are no two ways about it.

Deputy Denis Naughten: In light of the fact that the Minister of State is standing by the figures, will he ask his colleague, Minister of State Lenihan, to apologise to the enumerators and to the Polish community for the aspersions he cast on their characters?

Deputy Tom Kitt: My colleague said he believed that last year’s census gave a serious under- estimation of certain figures. He is entitled to a view if he is speaking outside the House. I am also entitled to give——

Deputy Denis Naughten: It does not make any difference where he is speaking.

Deputy Tom Kitt: Deputy Naughten is being very hard on the Minister of State. He has a view about this.

Deputy Denis Naughten: He made a serious allegation. It does not matter where he made it.

Deputy Tom Kitt: I am bringing clarity to it. He is a good colleague of mine and he is entitled to express his views.

An Ceann Comhairle: The next time he is around Deputies can ask him about it.

Deputy Caoimhghı´nO´ Caola´in: The reason I brought up this point during Question No. 1 was that I thought the grouping was Questions Nos. 1 to 5. I apologise. I was not pre-empting these questions. Due to the noise during the exit after Leaders’ Questions I did not hear the grouping of the questions and I made the assumption that these questions would be lumped together. I thank the Minister for his response but—— 532 Ceisteanna — 27 February 2008. Questions

An Ceann Comhairle: Now we understand.

Deputy Caoimhghı´nO´ Caola´in: The Minister of State, Deputy Lenihan, has responsibility for integration.

Deputy Denis Naughten: He obviously thinks he has a bigger job than he does.

An Ceann Comhairle: Whatever about it, he is not here anyway.

Deputy Caoimhghı´nO´ Caola´in: Is he integrating at a rate beyond the awareness of the Minister of State, Deputy Kitt, and his colleagues? We are talking about anything between 100,000 and 140,000 people of Polish origin alone. I wonder if Deputy Lenihan had offered his opinion, how many more hundreds of thousands of people of other nationalities he had secreted in other parts of the jurisdiction. In response to Deputy Naughten the Minister of State made a suggestion but, watching him, I have no doubt the Minister of State was thinking that Deputy Conor Lenihan was talking through his hat.

An Ceann Comhairle: That is an acute observation but Deputies must ask questions during Question Time.

Deputy Caoimhghı´nO´ Caola´in: Can the Minister of State confirm that? We speak of the undocumented in respect of Irish emigrants to the United States most particularly. Is there any method employed to gauge the numbers of undocumented in this country, particularly when one couples the CSO report on the census in 2006 with the information exposed this morning as very questionable? I refer to the number of visitors coming to our shores via airport and seaport access points. We have no idea of the numbers of people who access this jurisdiction on a North-South basis, coming through the ports of Larne, Belfast and the respective airports. What is the Minister of State proposing to get some sense of the percentage represented in respect of the undocumented people?

Deputy Tom Kitt: I will give a very brief answer regarding the Minister of State at the Department of Justice, Equality and Law Reform, Deputy Conor Lenihan.

Deputy Caoimhghı´nO´ Caola´in: He was talking through his hat.

Deputy Tom Kitt: I am reminded of Salvador Dali, who said: “I will be so brief I have already finished.”

Deputy Bernard J. Durkan: A dangerous thing in politics.

Deputy Tom Kitt: Minister Lenihan does not wear a hat. I know that for certain.

Deputy Denis Naughten: Maybe he should.

Deputy Tom Kitt: The best way to deal with the undocumented is through our embassies abroad. I have personal experience of it and it is a valid point in regard to the numbers, the contacts and the support network. I will raise the matter with the CSO on the Deputy’s behalf.

Legislative Programme. 6. Deputy Caoimhghı´nO´ Caola´in asked the Taoiseach if he will report on the work of the legislation committee; and if he will make a statement on the matter. [27529/07] 533 Ceisteanna — 27 February 2008. Questions

Deputy Tom Kitt: The Government legislation committee which I chair is an ad hoc body that has operated since 1985. It assists me in a practical way in compiling accurate information about the current status of legislation in preparation so that I can report to Government through the Taoiseach. It enables me to plan each Daíl session based on reports and information from the Office of the Parliamentary Counsel and Departments. Prior to the beginning of each Daíl session the committee, in consultation with Departments and the Office of the Parliamentary Counsel, assists me in preparing the legislative programme for that Daíl session, which is then approved by the Government and published. The programme is the main output of the committee. The committee also assists me on an ongoing basis in discharging my functions in regard to implementation of the legislative programme in ensuring a steady flow of legislation in the Houses. A key function of the committee is to identify and remove any blockages that may occur in the drafting and other preparatory stages. Through the work of the committee I am in a position to provide up to date information to the Taoiseach so he can respond to the many requests he receives from Deputies in the House about progress in the drafting of promised legislation. The committee does not address the substantive issues of the legislation, which are matters for the sponsoring Departments. The committee, which meets every few weeks, comprises the Attorney General, Chief Parliamentary Counsel, programme managers for each of the parties in Government, the Leader of the Seanad and a principal officer from the Department of the Taoiseach. Other officials and advisors attend as appropriate and, from time to time, Ministers attend to clarify their legislative priorities.

Deputy Caoimhghı´nO´ Caola´in: I thank the Minister of State for his reply, which referred to meeting on an ongoing basis and ensuring a steady flow of legislation. Does the Minister of State not agree we have had anything but a steady flow of legislation before this House since the general election last May? In fact the contrary is the case. Can the Minister of State tell us, as he has suggested, that the committee meets on an ongoing basis to assist the Minister of State in prioritising legislation and addressing barriers to legislative progress? When did it last meet? How often has it met since the publication of the legislative programme for the current session? How many times did it meet between the resumption after the summer recess and the Christmas break? What exactly does “ongoing basis” translate as? Can the Minister of State confirm that the committee recommends to Cabinet which legislation should receive priority? If that is the case, can the Minister of State clarify that when Deputies use the opportunity on the Order of Business to appeal, urge and highlight the need to have legislation speeded up because of specific need, greater demand or urgencies presenting that these calls by elected representatives are noted and addressed by the legislative committee? If not, why not?

Deputy Tom Kitt: The Opposition has responsibilities regarding the processing of legislation and the speedy passage of legislation through the Daíl. From time to time the Opposition wants to give additional time to certain Bills, for very good reasons in most cases. The Motor Vehicle (Duties and Licences) Bill is a good example. The Labour Party sought additional time to debate it and we granted it. As Chief Whip I could give many examples of debates on Bills where I granted additional time following requests from the Opposition. One must also consider the committee process and Seanad involvement. The length of time given to Bills is not simply a question of responsibility of the Government. I have already answered the Deputy on the beginning of a new Daíl. Ministers must prioritise their legislation. In the last Daíl we enacted 209 Bills. Coming back to Government with new 534 Ceisteanna — 27 February 2008. Questions partners we had a clean sheet environment and this is part and parcel of a certain degree of the preparation that took place in the first session. We are now into a free-flowing system of legislation. It is not my job to list the Bills that are being taken but they include the Student Support Bill, the Immigration, Residents and Protection Bill and the social welfare Bill. Many more have been outlined and we intend to publish them this session on section A of the Government legislative list. This will be dealt with on the Order of Business if required. A clear system of information is available to Opposition Deputies, who can ask questions. I cannot give the exact number of meetings of the committee. We meet as necessary and I keep a close watch on that. My reply refers to meeting every few weeks and it is certainly very regularly. I can provide the Deputy with the information if it is of interest to him. The purpose is to keep legislation flowing and keep Ministers focussed. They address the committee when required. My job is to keep it going and I am satisfied that we are in that situation now. I am conscious that I must work closely with Ministers but there is a good degree of free-flowing legislation and there is more online.

Deputy CaoimhghıńO´ Caolaín: Does the Minister of State accept that making the claim that the Government came back after the 29th Daíl with a clean sheet is absolute nonsense? Does he not accept that there is a continuing delay in respect of health legislation? I do not need to list them but the nurses and midwives Bill and the eligibility for health and personal social services Bill are from the last Daíl and have not been addressed 12 months later. Does the Minister of State accept that these are urgent requirements that the legislative committee should be highlighting? That is urgent and the committee should press the Department of Health and Children and the Minister, Deputy Harney, to have this legislation brought forward. Like every other Deputy, I would like to know the number of times and the dates of the sittings of the legislative committee in order to understand its work.

Deputy Emmet Stagg: While we accept it is the Government’s prerogative to propose the business of the House and the legislative programme, the 209 Bills passed by the last Da´il gave rise to a record number of guillotines being applied to standard, and not emergency or special, legislation. Half of the number of guillotines used since the foundation of the State were used in the last seven years. Given that there are flaws in the system and that people such as the Opposition Whips are left out of it, will the Minister consider including them in the planning of the legislative programme for the year, rather than for a week? It would give an opportunity to the Opposition spokespersons to prepare and would perhaps result in better informed debate in the Chamber. That is not to suggest that the debate is not well informed but there would be improved debate arising from better planning.

Deputy Tom Kitt: With regard to the number of Bills passed by the last Da´il and the use of the guillotine, we used the guillotine where necessary. Invariably it happened towards the end of a session. I accept that we should try to avoid the use of the guillotine as far as possible and I have endeavoured to do that. We have listened carefully to Deputy Stagg, Deputy Paul Kehoe and Deputy Aengus O´ Snodaigh at the Whips meetings regarding the need to give extra time to legislation and, indeed, debates on various issues. We are doing that this week on the pharmacy issue. With regard to giving notice about what is scheduled for the next few weeks, I gave the Deputy an undertaking that we will consider that. At present, we give the Whips notice of what is scheduled for the following week but priorities change from time to time.

Deputy Denis Naughten: The Minister is very generous; that is a week’s notice. 535 Requests to move Adjournment of 27 February 2008. Da´il under Standing Order 32

Deputy Tom Kitt: We give notice on the basis that it is important for the Opposition spokespersons.

Deputy Fergus O’Dowd: We know on Thursday what is coming up on Tuesday and Wednesday.

Deputy Tom Kitt: However, I will examine the matter and we will discuss it at the Whips meeting.

Requests to move Adjournment of Daíl under Standing Order 32. An Ceann Comhairle: Anois, iarratais chun tairiscint a dheánamh an Daíl a chur ar athlo´ faoi Bhuan-Ordu´ 32. Before coming to the Order of Business I propose to deal with a number of notices under Standing Order 32. I will call Deputy Ferris.

Deputy Martin Ferris: I seek the adjournment of the Da´il under Standing Order 32 to debate the following urgent matter: the effective closure of orthodontic services in Kerry from last Friday, despite the crying need in the county for such services and the long waiting list of patients, which comprises over 1,000 children, of whom 400 are waiting more than three years, for treatment for serious problems that require far more urgent attention than is currently being provided.

Deputy James Bannon: I seek the adjournment of the Da´il under Standing Order 32 to debate the following urgent matter: the shocking fact that Ireland has the highest death rate from respiratory disease in western Europe, surpassing the death rate for heart disease. Accord- ing to the Irish Thoracic Society, one fifth of people in Ireland now die from lung cancer and tuberculosis, with deaths among women from lung cancer nearly reaching the level of deaths from breast cancer.

Deputy Seymour Crawford: I seek the adjournment of the Da´il under Standing Order 32 to debate the following urgent matter: the need to discuss the north-east transformation programme which is intended by the HSE, with the support of the Taoiseach and the Minister for Health and Children, Deputy Harney, to implement the Hanly-Teamwork report. This will have extremely serious consequences for Monaghan General Hospital. On the one hand Mr. Stephen Mulvaney’s report states that the HSE has given a clear commitment that existing services in the north east will remain in place until they are replaced by higher quality, safer or more appropriate services, yet the last item on the same report declares that the HSE will transfer the Monaghan critical care unit to either Cavan or Drogheda — it does not yet know which. This is due to happen in 2008. It will also transfer the remaining acute care service from Monaghan to Cavan in 2008, with the virtual closure of the seven day, 24 hour accident and emergency unit in Monaghan. It will be replaced with a 12 hour minor injuries unit. In other words, the people of Monaghan must have an accident or get sick by the clock. This is the HSE and Government proposal for the rest of the country and people should be aware of it.

Deputy Fergus O’Dowd: I seek the adjournment of the Da´il under Standing Order 32 to debate the following urgent matter: the refusal of the HSE to grant, on appeal, a medical card for a seven year old boy who had a medical card from the age of four months until March 2007, who resides near Drogheda, has a serious heart condition, has undergone open heart surgery twice, is on beta blockers and who will require further medical procedures and possibly a heart transplant in the future.

An Ceann Comhairle: Tar e´is breithniu´ a dhe´anamh, nı´l na nithe in ord faoi Bhuan-Ordu´ 32. Having considered the matters raised, they are not in order under Standing Order 32. 536 Order of 27 February 2008. Business

Order of Business. The Ta´naiste: It is proposed to take No. 8, motion re the proposed approval by Da´il E´ ireann of the Limerick City Boundary Alteration Order 2008, back from committee; No. 15, Passports Bill 2007 — Report Stage (resumed) and Final Stage; No. 16, Civil Law (Miscellaneous Provisions) Bill 2006 — Order for Report, Report and Final Stages; and No. 2, Student Support Bill 2008 — Second Stage (resumed). It is proposed, notwithstanding anything in Standing Orders, that No. 8 shall be decided without debate. Private Members’ business shall be No. 30, motion re broadband services (resumed), to conclude at 8.30 p.m. if not previously concluded.

An Ceann Comhairle: There is one proposal to be put to the House. Is the proposal for dealing with No. 8 agreed? Agreed.

Deputy Enda Kenny: I am glad to see that the Ta´naiste gave the Taoiseach a ringing endorsement this morning. I hope that after my length of service in the House I am qualified to ask a question——

The Ta´naiste: Absolutely.

Deputy Enda Kenny: ——given the Tańaiste’s verdict on other people. The Whips have spoken about the value of debate in the House. Tomorrow it is planned to have statements on the difficulties between the HSE and the pharmacies. The Tańaiste is aware of the concern of elderly and vulnerable people about the availability of prescription medicines. The all-party committee on health and children met for three days on this issue. Two motions were put before the committee and both were voted down by the Government members of the committee. Having statements on the issue again tomorrow is a worthless exercise. The Tańaiste might invite the Whips to discuss putting down a motion on the issue so Members could speak for and against it. The statements planned for tomorrow are effectively useless, and the Tańaiste is aware of that. Second, when will the Cabinet make a decision in respect of a declaration of support or otherwise for Kosovo, which declared its independence last week? I have seen reports that the Government is about to make a decision in this regard. Third, the Tańaiste will recall the tragic bus accident in Kentstown, County Meath, three years ago in which five young girls lost their lives. Both Meath County Council and Bus E´ ireann have admitted liability. The case now rests with the garage where the bus underwent its NCT. This case commenced yesterday but the Courts Service of Ireland has a problem in that there is no courtroom to hear the case, so it has been postponed until January 2009. The parents involved are understandably devastated. In respect of the legal services Bill or the position of the Courts Service, will the Tańaiste undertake to find out if something can be done whereby a courtroom can be made available to hear this case? It is the first time the parents have spoken out about the matter and they are devastated. Deputy McEntee received a dozen telephone calls about it this morning.

An Ceann Comhairle: The Ta´naiste to reply on the Courts Service Bill.

The Ta´naiste: The legal services ombudsman Bill is scheduled for this session. I will ask that the Minister, Deputy Brian Lenihan, be contacted to see if he can find out from the Courts Service the reason for that rather long adjournment of the proceedings given the tragic nature of the event. The recognition of Kosovo is a matter for decision by the Government imminently—— 537 Order of 27 February 2008. Business

An Ceann Comhairle: That is not in order, Ta´naiste.

The Ta´naiste: On the first matter, the statements tomorrow will be beneficial to the House. As the Deputy has said, the Joint Committee on Health and Children has dealt with this matter extensively. As a result of its work and discussions, it has succeeded in bringing some clarity to the issues, unlike the advocacy positions of the various parties concerned. The establishment of a three-person committee under Mr. Dorgan to examine the prescription fee issue and determine how an independent process can take place, where all the parties can go and have the matter resolved on an arbitration basis, is the sensible way forward, given all of the discussion that has taken place. Regarding the HSE and the contract situation on 1 March, the Minister will be able to give an update tomorrow as to what the position is as we face into that date. It is important to point out that we are trying to arrive at a situation which will be more beneficial to the smaller community pharmacies, on the basis of the rearrangement of the fee structure for those who have large dispensing business practices, helping medical card people and so forth. Those with much larger pharmacies will be in a position to deal with the discount issue between the wholesalers and retailers, which is currently in addition to the mark-up and the prescription fee. It is a question of value for money for the taxpayer at the end of the day. That has to be part of the equation. We would not like to see any unnecessary disruption of the provision of pharmacy services and I do not see why that should be the case. It is an independent process that is now being arranged.

Deputy Eamon Gilmore: I wish to raise two matters with the Tańaiste. First, over the past two years, my colleague, Deputy Joan Burton has been drawing to the Minister’s attention a major loophole in our tax laws relating to stamp duty, under which large developers benefited to the tune of approximately \250 million in 2006. Last year, the Tańaiste and Minister for Finance, in the Finance Act, moved to close off the loophole and introduced section 110 of the 2007 Finance Act. However, the Minister has never commenced section 110. Therefore, we have a situation where the law is on the Statute Book to close the loophole, but the loophole is still alive and well. When does the Tańaiste and Minister for Finance intend to introduce the statutory instrument to commence section 110 of the 2007 Finance Act to close off that loophole? Second, I understand that the chairperson of the Revenue Commissioners, Mr. Frank Daly, is due to retire and I take this opportunity to thank him for his service and the fine job he has done. When does the Government intend to make the appointment of a new chairperson of the Revenue Commissioners?

An Ceann Comhairle: That is not relevant.

Deputy Eamon Gilmore: It is, actually. It is a Government——

An Ceann Comhairle: No it is not.

Deputy Eamon Gilmore: May I respectfully point out that this is one of the few positions where the Government makes the appointment without reference to TLAC? It is done by way of Government decision and announcement and it is relevant on the Order of Business..

An Ceann Comhairle: It is not relevant on the Order of Business.

Deputy Eamon Gilmore: Can the Ta´naiste assure the House that the Taoiseach will not have any involvement in the making of that decision, given the difficulties that he has—— 538 Order of 27 February 2008. Business

An Ceann Comhairle: That is not relevant.

Deputy Eamon Gilmore: ——himself with the Revenue Commissioners at the moment.

An Ceann Comhairle: That is not relevant. On the question of the secondary legislation, Ta´naiste.

The Ta´naiste: Regarding that matter, I made a provision, subject to a commencement order, as has been said. The question of changing the law in a certain area, which has been referred to by the Deputy as a loophole, relates to a practice that has been engaged in by builders in terms of how to secure the transfer of land and provide for land to be built upon——

Deputy Joan Burton: To avoid paying stamp duty, while first-time buyers and trader-uppers are being fleeced.

The Ta´naiste: It is to provide for land to be built upon.

An Ceann Comhairle: The Ta´naiste on the implementation of this legislation.

The Ta´naiste: I am not sure but I think I indicated, in the course of conversations on the Finance Bill on Committee Stage, that I commissioned an independent consultant’s report on whether it would be right to introduce the commencement order, given the state of the building industry and where it was in the cycle at this stage. The advice I obtained was not to proceed, in view of the present state of the building industry. That report was made available to the Deputy.

Deputy Eamon Gilmore: This law is already on the Statute Book. It is a law of the land and the only thing we are waiting for is the Minister to implement it.

The Ta´naiste: It is not the law of the land.

Deputy Eamon Gilmore: He has not done so and in the meantime, we have a situation where developers are avoiding paying stamp duty while people buying a family home have to pay it.

An Ceann Comhairle: We cannot go into that now. I call Deputy Crawford.

The Ta´naiste: On a point of information, it is not the law of the land until the commencement order issues. It is an enabling section. I obtained independent advice not to commence the section. The report recommended——

An Ceann Comhairle: I call Deputy Crawford.

Deputy Seymour Crawford: In light of the ongoing job losses in the food industry, when will the Government introduce legislation to deal with the labelling of food? There is a difficulty here between the Minister for Agriculture, Fisheries and Food and the Minister for Health and Children.

An Ceann Comhairle: To which legislation is the Deputy referring?

Deputy Seymour Crawford: Legislation to ensure proper labelling——

An Ceann Comhairle: Is legislation promised in this area?

The Ta´naiste: I am not aware it is promised. 539 Order of 27 February 2008. Business

Deputy Seymour Crawford: It has been promised for about ten years but has never materialised. In the context of the issue of the EirGrid line in counties Meath, Monaghan and Cavan, when will the electricity (transfer of transmission assets) Bill be introduced in the House to allow us to discuss the issue? This relates to the transfer of ESB properties to EirGrid. Finally, spouses of former health workers do not get any pensions in their own right——

An Ceann Comhairle: Stop, stop, stop.

Deputy Seymour Crawford: When will the Bill regarding eligibility for health and personal social services be introduced?

An Ceann Comhairle: There are too many prologues there, Deputy.

The Ta´naiste: It is not possible to indicate when the last item referred to by the Deputy will be introduced. The electricity (transfer of transmission assets) Bill on the EirGrid question is due this session. On the question of the labelling, our staff will have to revert to the Deputy to try to ascertain to which Bill he is referring.

Deputy Thomas P. Broughan: Among the Ta´naiste’s other attributes, he has some role in the licensing areas, with regard to late-night drinking and so on.

The Ta´naiste: I do not.

Deputy Thomas P. Broughan: His Department has a role, apparently. Does he have any intention of doing anything to reform that area or to deal with the proliferation of off-licences, for which more and more applications are being submitted every week?

An Ceann Comhairle: We will be discussing the weather next. The Deputy must be specific.

Deputy Thomas P. Broughan: This is an important issue.

An Ceann Comhairle: We must move on.

Deputy Charles Flanagan: It is a beautiful day today.

Deputy Thomas P. Broughan: We are seeing the impact of this——

Deputy Denis Naughten: Let’s talk about climate change.

Deputy Charles Flanagan: Or regime change.

Deputy Thomas P. Broughan: —— late night crime and all kinds of——

An Ceann Comhairle: To what legislation is the Deputy referring?

Deputy Enda Kenny: The Bill on free speech, perhaps.

Deputy Thomas P. Broughan: The Minister for Transport launched a consultation paper on sustainable transport. Will it be possible to allow time in Da´il E´ ireann to discuss it, given that yesterday a large chunk of this city was in total gridlock for two hours? There seem to be no arrangements, whatsoever, to do something about that. We also have grave concerns about safety issues in the Dublin Port tunnel, which need the Minister’s attention. I ask the Ta´naiste to deal with those two points. 540 Order of 27 February 2008. Business

An Ceann Comhairle: No, no. We are moving on. I call Deputy Naughten.

Deputy Thomas P. Broughan: The Ta´naiste has an answer for me.

The Ta´naiste: On the licensing issue, the Minister for Justice, Equality and Law Reform has asked for a report by 31 March, from Mr. Holmes, reviewing the on-licence, off-licence issue. I cannot say any more than that, to remain in line with the Chair’s ruling. That is as helpful as I can be, except to say that the Dublin Port tunnel is a great success.

Deputy Denis Naughten: Over the weekend, two members of the Polish community, one of whom subsequently died, were stabbed with a screwdriver. In that context, when will No. 29, the Criminal Justice (Miscellaneous Provisions) Bill be discussed? Can we also discuss the fact that the Minister of State with responsibility for integration has shelved the integration budget? Among the items funded by that budget was the Show Racism the Red Card campaign. Does the Ta´naiste agree that we need a specific budget to deal with the issue of racism?

An Ceann Comhairle: The Ta´naiste cannot deal with that. I ask him to just deal with the legislation.

The Ta´naiste: I understand the legislation to which the Deputy refers will be dealt with in the middle of this year, at the earliest.

Deputy Charles Flanagan: In the course of the 29th Da´il, considerable and, at times, robust debate took place in the House on the matter of reform of home defence law. A Private Member’s Bill from Fine Gael attempted to reform the law to strengthen the 12 o’clock position of home owners and occupiers in respect of trespassers and persons committing crimes on the premises. The former Minister for Justice, Equality and Law Reform, Mr. McDowell, promised numerous times that he would introduce reforming legislation. Now that the Progressive Democrats is no longer in government, does the commitment stand? Is there an initiative on the part of the Government to reform the law in respect of home defence?

The Ta´naiste: It is not on our legislative list. The Progressive Democrats is in government, but not in the Department in question.

Deputy Billy Timmins: Not very physical.

Deputy James Bannon: In light of the increase of anti-social behaviour, when can the House expect the social housing miscellaneous provisions Bill, which is needed urgently?

The Ta´naiste: It will probably be in the middle of this year.

Deputy Jan O’Sullivan: Yesterday, the Joint Committee on Health and Children met the Parents for Justice group and a decision was made to seek a meeting with the Attorney General in respect of the publication of the findings of the Dunne inquiry. Is the Government considering publishing the findings?

An Ceann Comhairle: The Deputy must put down a question. She is not in order.

Deputy Jan O’Sullivan: There has been a series of distressing revelations in the media. It is a matter for Government to decide whether it will publish the findings.

An Ceann Comhairle: It is not in order. 541 Order of 27 February 2008. Business

Deputy Jan O’Sullivan: The Ta´naiste is representing the Government.

An Ceann Comhairle: He is, but it is not in order.

Deputy Jan O’Sullivan: Having these details, including those concerning the sale of babies’ organs for as little as £1.50, come out in a drip-feed way in the media is distressing.

An Ceann Comhairle: There are other ways the Deputy can find to raise the matter, but I cannot allow it now because we must move on.

Deputy Jan O’Sullivan: It is a matter for the Government——

An Ceann Comhairle: Yes and it is important, but the Deputy must find another way to address it.

Deputy Jan O’Sullivan: ——and I hope the Government will seriously consider it. The Government should publish the report instead of allowing the matter to drag on in the media.

Deputy Thomas P. Broughan: Hear, hear.

Deputy Caoimhghı´nO´ Caola´in: We are at the 11th hour in respect of the difficulties presenting between the HSE and the Irish Pharmaceutical Union. In previous responses, the Minister for Health and Children indicated that she would consult the Attorney General to find——

An Ceann Comhairle: Does the Deputy have a question on legislation?

Deputy Caoimhghı´nO´ Caola´in: My question relates to legislation. She stated that she would consult with the Attorney General to find what measures could be introduced to overcome the interpretations placed on the Competition Act 2002.

An Ceann Comhairle: That is a tenuous link.

Deputy CaoimhghıńO´ Caolaín: Can the Tańaiste advise the House on whether the Attorney General has given his advice——

An Ceann Comhairle: This will not do because it is not on promised legislation.

Deputy Caoimhghı´nO´ Caola´in: ——and whether promised legislation is part of the address of the ongoing difficulties that affect not only the IPU, but the Irish Dental Association and others?

An Ceann Comhairle: No legislation is promised in that regard.

Deputy Caoimhghı´nO´ Caola´in: Will legislation be introduced and has the Attorney General reported back to the Minister on his deliberations on this matter? These questions are in order and I would appreciate if——

An Ceann Comhairle: They are not in order if legislation is not promised. Is legislation promised?

The Ta´naiste: While I am not aware of promised legislation, the issue is probably being examined. Tomorrow’s statements in the House will enable us to get an update in respect of all of these matters. 542 Passports Bill 2007: 27 February 2008. Report Stage (Resumed) and Final Stage

Deputy Billy Timmins: In the past three years, Zambia and Tanzania received \150 million through Irish Aid and it is projected that they will be given a combined \80 million in 2008. During the debate on the Finance Bill, the Ta´naiste stated we must be more prudent than previously, but is he satisfied that we have adequate measures in place to ensure that the aid we give to these countries gets to where it should go?

An Ceann Comhairle: No, that is not a question on the Order of Business, as the Deputy knows well.

Deputy Billy Timmins: Both countries have had serious medical difficulties in recent months. When can we expect the Ireland funds endowment Bill, No. 54 on the list, before the House?

The Ta´naiste: We hope to see it this year.

Deputy Billy Timmins: What of the other measure?

The Ta´naiste: Probably not this year.

Deputy Tom Sheahan: Has the Ta´naiste received a Supplementary Estimate from the Office of An Taoiseach to cover the moneys required in respect of Killarney House, as announced by Deputy Healy-Rae at the weekend?

An Ceann Comhairle: That horse will not run.

(Interruptions).

Deputy Tom Sheahan: We do not know whether they are for another dehumidifier or something else about the house.

Deputy Charles Flanagan: It is a non-starter.

(Interruptions).

Limerick City Alteration Order 2008: Motion. Minister of State at the Department of the Taoiseach (Deputy Tom Kitt): I move:

That Da´il E´ ireann approves the following Order in draft:

Limerick City Boundary Alteration Order 2008,

copies of which have been laid in draft form before Da´il E´ ireann on 12th February, 2008.

Question put and agreed to.

Passports Bill 2007: Report Stage (Resumed) and Final Stage. An Ceann Comhairle: Amendment No. 24 has already been discussed with amendment No. 16.

Deputy Billy Timmins: I move amendment No. 24:

In page 13, between lines 31 and 32, to insert the following:

“(e) The Minister is notified by the Courts Services that an order has been made that a passport issued to a child should be cancelled for the purpose of securing the welfare of the child,”. 543 Passports Bill 2007: 27 February 2008. Report Stage (Resumed) and Final Stage

[Deputy Billy Timmins.]

Amendment No. 24 was discussed with amendment No. 16 and the Minister indicated he would take on board one of those amendments. I will withdraw amendment No. 24.

Amendment, by leave, withdrawn.

Amendment No. 25 not moved.

An Ceann Comhairle: Amendment No. 26 in the name of an tAire has been discussed with amendment No. 3.

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): I move amendment No. 26:

In page 14, between lines 6 and 7, to insert the following:

“(7) A reference to a passport in this section includes a reference to a document which was issued as a passport by the Minister before the commencement of sections 6 and 7 and which had ceased to be valid before the commencement of section 27(1).”.

Amendment agreed to.

Amendment No. 27 not moved.

An Ceann Comhairle: Amendment No. 27a in the name of the Minister arises out of Commit- tee Stage proceedings.

Deputy Michael P. Kitt: I move amendment No. 27a:

In page 14, line 9, to delete “(e)or(f)ofsubsection (1)” and substitute “(e), (f)or(g)of subsection (1)”.

This is a technical amendment to the wording of the Bill that arises from the acceptance of amendment No. 16 from Deputy Shatter. That acceptance incorporated into the Bill a further basis on which the Minister may refuse to issue a passport. The basis set out in section 12(1)(g) concerns cases where the Minister has been notified by the Courts Service that an order has been made to require the surrender of a child’s passport or to require any person to refrain from applying for a passport for a child. Following consultation with the Office of the Parliamentary Counsel, it has been agreed that a further minor consequential amendment is required to provide a corresponding provision for appeal in section 19 in respect of a refusal under section 12(1)(g). To do so, it is necessary to insert a reference to paragraph (g) in section 19(1) and to move the word “or”.

Amendment agreed to.

Deputy Kathleen Lynch: I move amendment No. 28:

In page 14, lines 14 and 15, to delete all words from and including “(other” in line 14 down to and including “citizen)” in line 15.

Question, “That the words proposed to be deleted stand”, put and declared carried.

Amendment declared lost. 544 Passports Bill 2007: 27 February 2008. Report Stage (Resumed) and Final Stage

An Ceann Comhairle: Amendments No. 29 and 30 in the name of Deputy Shatter are related and will be discussed together.

Deputy Billy Timmins: I move amendment No. 29:

In page 14, between lines 20 and 21, to insert the following:

“(4) A person who appeals a decision of the Minister pursuant to the provisions of this section shall within seven days of lodging such appeal be furnished with the reasons for the decision given in respect of which the appeal has been lodged.”.

This amendment relates to the situation of a person being refused a passport and being informed by the Minister. Further along, the Act provides an appeal mechanism. It is nearly impossible for someone to appeal a refusal if he or she does not know the grounds for the refusal. It is reasonable that, when a person’s application is refused, he or she is given the information concerning the reason. It is a basic requirement and the appeals mechanism will be rendered inadequate if this measure is not included.

Deputy Michael P. Kitt: Section 19(15) provides that the Minister may prescribe time limits for the making and determination of appeals under section 19. It provides for a prescription of such ancillary, supplemental or consequential matters as may be necessary for giving full effect to the section. In light of this provision, I do not wish to include specific time limits in the primary legislation. I agree with Deputy Shatter in his amendment that clear limits are necessary and I appreciate the constructive intention behind the amendments, but it would be preferable to specify these matters in regulations. The regulations will also address other time limits, such as the period of time within which a decision on appeal must be reached.

Deputy Kathleen Lynch: I will be brief because I understand Deputy Timmins’s point. I am not certain that this relates entirely to time limits, though specific time limits are important. Normally there is a 28 day period during which one may appeal, whether with regard to planning, social welfare or any such area. This is usually transposed from one piece of legislation to another so I do not understand why it has not been included in this case. Deputy Higgins’s proposed amendments Nos. 27 and 28 also addressed this matter, which relates to a lack of clarity on why a passport may be refused, withheld or withdrawn. A clear appeals system to an independent body applies in the case of social welfare and one’s passport is as valuable a document as one’s social welfare record. I do not understand the restrictions in this case and I think the Minister should have accepted any one of these amendments.

Deputy Billy Timmins: As Deputy Lynch correctly indicated, there are two aspects to this matter and the Minister of State at the Department of Foreign Affairs, Deputy Michael P. Kitt, only addressed one, the time aspect. He quoted section 19(15), which states that the Minister may prescribe time limits, but can this be amended on the floor of the House to state that the Minister shall prescribe time limits? We feel that if the word “may” stays in the legislation, time limits will probably not be applied. Many Departments have time limits and where there are none, such as in dealings with the Land Registry and the Health Service Executive, HSE, it is difficult to elicit information. Can the word “may” be replaced by “shall” in this case, although a specific amendment in this regard has not been tabled? The second aspect of this, which the Minister of State did not refer to in his response, is the reason for refusal. If I am denied planning permission I receive a letter explaining why it has been refused and I can get detailed information on the refusal from the local authority. A person refused a passport deserves this information, at the very least, particularly if he or she 545 Passports Bill 2007: 27 February 2008. Report Stage (Resumed) and Final Stage

[Deputy Billy Timmins.] is to make an appeal. If a person is denied a passport under this legislation, how is he or she to formulate an appeal without knowing the reason for the denial?

Deputy Michael P. Kitt: Reasons are given at the time of refusal or cancellation. Section 12(3) states that the Minister shall inform the person by notice in writing of the decision and the grounds for refusal. I agree with the Deputies on the need for reasons to be given and for time limits but we feel it is preferable to specify such matters in regulations and we will have the regulations ready before the Bill is enacted. Section 12(3) ensures that clear grounds are given at the time of a refusal or cancellation.

Amendment put and declared lost.

Deputy Billy Timmins: I move amendment No. 30:

In page 14, lines 42 and 43, to delete all words from and including “officer” in line 42 down to and including “appellant.” in line 43 and substitute the following:

“officer.

(10) The appellant shall within fourteen days of being furnished with the reasons given for the decision in respect of which an appeal is lodged furnish a statement of the grounds of appeal relied upon by the appellant.”.

Question, “That the words proposed to be deleted stand”, put and declared carried.

Amendment declared lost.

Amendments Nos. 31 and 32 not moved.

Deputy Kathleen Lynch: I move amendment No. 33:

In page 15, line 37, after “abroad),” to insert the following:

“otherwise than in circumstances referred to in subsection (2),”.

Deputy Higgins’s thinking on this is that using one’s sibling’s passport to get into a pub, as is specifically stated in section 5 of the legislation, or for another reason, will carry a fine of \500. His amendment would clarify this section because it appears that the fine is limitless. This is a technical amendment but an important one because Deputy Higgins feels strongly that legislation should be clear.

Deputy Michael P. Kitt: The maximum penalty for conviction on indictment for the most serious offences under section 20 is an unlimited fine and-or up to ten years imprisonment. Subsection (2) provides for a minor offence that involves the use, or attempted use, of a passport not issued to a person to gain entry to a licensed premises or club. The maximum penalty is a fine not exceeding \500. Section 21(d) is designed to prosecute serious offences relating to identity theft, regardless of whether it relates to travel abroad. As drafted, the legislation would, theoretically, permit the prosecution of a young person seeking to gain access to a licensed premises or night club by presenting a false passport. In theory this would permit the imposition, upon conviction, of an unlimited fine and up to ten years imprisonment. Section 22 reflects the reality that a passport is increasingly regarded as the principal and most secure form of identification and proof of age. Notwithstanding the existence of a system 546 Passports Bill 2007: 27 February 2008. Report Stage (Resumed) and Final Stage of identity cards designed to provide evidence of age for access to pubs and clubs, most such premises will accept a passport as an alternative form of evidence of age and in many cases a passport is a requirement. It is inevitable that on occasion a young person may seek to use another person’s passport, usually that of a relative or friend, to gain entry to a pub or club. While this is rightly defined as an offence under subsection (2) it is a lesser offence and the penalty is tailored accordingly. However, interference with or the falsification of a passport is an activity that cannot be condoned and it is important that provision remains to prosecute such offences. There is a risk that the proposed amendment could give rise to a loophole allowing a person who falsified a passport to plead that it was done to gain entry to a licensed premises or club, thereby potentially rendering him or her not guilty of an offence. It is not the Government’s intention that a person who commits such an offence solely to gain entry to a pub or club should face up to ten years imprisonment and an unlimited fine. I am confident that the Director of Public Prosecutions and the courts will take the circumstances and gravity of the offence into account in the normal way when deciding whether and on what basis to prosecute and, if a person is convicted, the penalty to be imposed. I appreciate and agree with the intentions behind the amendment but I do not consider that it should be approved.

Deputy Kathleen Lynch: It is wrong to leave the legislation as loose as this; it seems dracon- ian on one hand and on the other it can be interpreted that no offence has occurred. The Minister of State said that he will leave interpretation of the legislation to the good sense of the Judiciary and the Director of Public Prosecutions, and this worries me because, depending on one’s background, circumstances in life and experiences growing up, one person’s interpretation of something can differ entirely from that of another. The Minister of State has suggested that a passport is now the normal form of identification and proof of age when gaining entry to clubs but that should not be the case as it is too valuable a document to be used in such a way. If people think they must use a passport to gain entry to clubs they may feel vulnerable and exposed, but that is an argument for another day. Loose legislation built on the conviction that good sense will prevail may mean that good sense will not prevail. I am concerned there may be somebody who takes an entirely different view from the Minister or from the intention of the legislation. The intention of the amendment is to tighten up the legislation. I accept the law is always about interpretation but it should not be so loose as to leave it open to any interpretation one happens to arrive at on the day.

Deputy Michael P. Kitt: I understand the sentiments of Deputy Lynch’s proposals. We would all agree that changing information on a passport is more serious than pretending to be somebody else to get into a night club. I have confidence in the courts that they would take everything into account. I could reflect further on this matter and, if necessary, look at this issue when it is debated in the Seanad. I know the situation in regard to young people and night clubs and I know what Deputy Michael D. Higgins was getting at when he tabled this amendment.

Acting Chairman (Deputy Johnny Brady): Is the amendment being pressed?

Deputy Kathleen Lynch: If I do not press the amendment, does it automatically fall? If I press it does it carry on to the Seanad debate?

Acting Chairman: The amendment can be put in the Seanad.

Deputy Kathleen Lynch: Can it be re-entered? 547 Passports Bill 2007: 27 February 2008. Report Stage (Resumed) and Final Stage

Acting Chairman: Yes. It can re-entered in the Seanad.

Deputy Kathleen Lynch: In that case I will not press it.

Amendment, by leave, withdrawn.

Deputy Michael P. Kitt: I move amendment No. 34:

In page 17, between lines 11 and 12, to insert the following:

“(7) A reference to a passport in this section (other than subsection 1(a)) and section 21 includes a reference to a document which was issued as a passport by the Minister before the commencement of sections 6 and 7 and which had ceased to be valid before the commencement of section 27(1).”.

Amendment agreed to.

Deputy Kathleen Lynch: I move amendment No. 35:

In page 18, line 43, after “accordingly” to insert the following:

“, and a passport issued before the commencement of sections 6 and 7 shall not be deemed invalid solely on the grounds that it was not issued under any express power conferred by an enactment”.

Will the Minister of State explain if passports issued before the commencement of sections 6 and 7 are deemed to be invalid solely on the grounds that they were not issued under any express power conferred by the enactment of the Bill? The amendment is about clarifying the position in regard to these passports because many people could be left high and dry.

Deputy Michael P. Kitt: I thank the Deputy for raising this matter. Deputy Michael D. Higgins raised this issue previously. The position is that since the foundation of the State passports have always been issued by the Minister for Foreign Affairs, under the executive power of the State on the authority of the Government. This practice is perfectly legitimate. Enactment of the Passports Bill will simply add a legislative basis to the exercise of this function. Passports previously issued will not be invalidated because of the technical change in the basis on which passports are issued. Accordingly, the proposed amendment is not required.

Deputy Kathleen Lynch: Is the Minister of State saying that both systems will run parallel until the passports issued under a previous power expire and are renewed and reissued under the new legislation? Is that the position?

Deputy Michael P. Kitt: Deputy Michael D. Higgins talked about a saver in regard to previous passports. I am assured by the Office of the Parliamentary Counsel that there is no need to add a saver as proposed. Passports issued prior to the enactment of this legislation remain valid. That is the bottom line and there is no need to add a saver to the proposal.

Amendment put and declared lost.

Bill, as amended, received for final consideration.

Question proposed: “That the Bill do now pass.”

Deputy Billy Timmins: I note the Minister for Foreign Affairs has initiated a review of the passports system where Oireachtas Members could have a drop-off box. That is not the big 548 Passports Bill 2007: 27 February 2008. Report Stage (Resumed) and Final Stage issue for me. I do not get as taxed as some of my colleagues do on it. However, there is a related issue, namely, the opening hours of the Passport Office. It opens Monday to Friday but not on Saturday or Sunday. I do not believe it has late opening. We need to look at a system whereby the opening hours of the Passport Office are user friendly to meet the needs of modern society. We should also have an information kiosk at Dublin Airport and Shannon Airport for people who arrive and whose passports are out of date or who have lost their passport. It happens to us all. If that mechanism or lo-call help numbers were in place at airports we would not run into the present difficulties and the drop-off box would not be an issue.Ultimately it does not bestow any privilege on the Deputy having it. It just means an individual from one’s constituency does not have to come to Dublin because one can come in the morning and gets one’s passport if one joins the queue. As present that system takes two or three days. This benefits somebody who may not be able to come to Dublin due to the opening hours of the Passport Office.

Deputy Kathleen Lynch: I thank the Minister of State for his indulgence on my own behalf and on behalf of Deputy Michael D. Higgins. I thank also the staff who have put so much work into this legislation. From time to time it must be awful to hear the Opposition try to pick holes and find fault with legislation that has been worked on for a considerable time but we appreciate that and understand things have to be done properly. Our job is to ensure there are no flaws in the legislation. We have a full Passport Office in Cork for a number of years, which is an incredible resource. It has opened late at night and on Sundays in emergency cases. All of us have had people knocking on our doors who have either lost a passport and did not discover it until two hours before they were due to leave for the airport. The Passport Office staff are the most obliging group of people I have come across in many years. I thank them for their service and the manner in which they carry out their functions. Getting a passport for the first time is quite daunting but the staff do not make it seem like that. Nobody has a bad word to say about them. I thank the Minister of State, for his indulgence, and his staff and all who work on the issuing and regulating of passports.

Minister of State at the Department of Foreign Affairs (Deputy Michael P. Kitt): The review by the Secretary General of the Department has not yet commenced. I would be happy to convey to those involved in the review any views Deputies may have in regard to the Passport Office. Deputies Lynch and Timmins raised certain points. I am delighted the Passport Office in Cork is working so well as stated by Deputy Lynch. That strengthens my case for an office in the west and possibly one in the North. The office in Cork has shown how well the service works on a regional basis. I am not forgetting the points made by Deputy Timmins in regard to Dublin and Shannon Airports. I thank Deputies who have contributed to the debate today and on other Stages in the House. There is a great deal of consensus in regard to the Bill. I thank my staff in the Department and passport office staff throughout the country. I acknowledge the constructive approach taken by Deputies. The Government has accepted a number of amendments which serve to improve the Bill. I look forward to discussing the Bill with Members of the Seanad in the coming weeks. The Bill sets out a comprehensive statutory basis for the issuance and regulation of passports. It is the first specific legislation on passports and will replace the previous general power to issue passports under the Ministers and Secretaries Act 1924.

Question put and agreed to. 549 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

Civil Law (Miscellaneous Provisions) Bill 2006: Order for Report Stage. Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I move: “That Report Stage be taken now.”

Question put and agreed to.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage. Acting Chairman: Amendments Nos. 1, 8 and 14 are related and may be discussed together by agreement.

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I move amendment No. 1:

In page 7, line 11, after “ 1961,” to insert “THE COURTS ACT 1964,”.

The purpose of amendment No. 8 is to permit personal service of documents by persons other than an official summons server, as an alternative to service by registered post, in proceedings in the District Court to which that section applies and in Circuit Court proceedings. The amendment will provide for personal service of any document by which proceedings in the District Court are instituted and any other document relating to such proceedings which is a notice, order or witness summons other than proceedings by way of summons in which the complainant is a member of the Garda Sı´ocha´na, a Minister of State, an officer of such a Minister, the Attorney General or an officer of the Revenue Commissioners. Amendment No. 8 is in response to concerns which have been expressed regarding the difficulties encountered by practitioners in complying with the current District Court and Cir- cuit Court requirements applicable to the service of summons by persons other than the designated persons I have listed. A summons server is employed by the county registrar and paid per summons delivered. According to the Courts Service, which has responsibility for employment in this area, the position of summons server has more or less been phased out. As current servers are retiring, replacements are not being sought. In 2003, there were summons servers only in Clare, Cork, Donegal, Limerick, Meath and Roscommon. I have been told that at present only one summons server remains in position and in the absence of the availability of that summons server all documents to which the section relates may, as an initial option, only be served by registered post. Personal service is, therefore, at present effectively only available following an application for substituted service. This is in contrast to service of documents in the High Court and Supreme Court, where personal service of documents has been available since the enactment of the Courts Act 1971. In many cases, notification by An Post of a failure to deliver a document by registered post may not be received by the serving party until several weeks after the attempt to deliver, by which time the application to which the document relates may have been made to the court on the assumption, supported by production of the registered post certificate, that service was effected. In such cases, a further application to the court is then required. The proposed amendment is a practical solution to this problem and would place service arrangements for such documents on the same footing, effectively, as those obtaining in the High Court and Supreme Court. Amendment No. 14 relates to service of documents for the High Court and Supreme Court and will amend the 1971 Act. As with amendment No. 8, this provides a degree of “future proofing” to take account of future developments with regard to service of documents which can be dealt with by rules of court. 550 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

Amendment No. 1 is a technical amendment consequential on the acceptance of amendment No. 8.

Deputy Charles Flanagan: I agree with the amendment, which is sensible and accords with the practical situation. Given the Minister’s comments on personal service as opposed to service by way of registered post, are statistics available to the Courts Service or the Department with regard to service of documents? I would have thought that at this stage the vast majority of documentation is served by way of registered post. Indeed, applications for substituted service usually give rise to a situation where service is made by ordinary prepaid post rather than by personal service. Is it the case that a person so designated may in effect act as an appropriate or designated person in any part of the country? What we are doing in this instance is removing the boundaries for the service of different areas. As I understand it, servers were designated persons within the District Court or Circuit Court rules and were defined within court boundaries. From a reading of the amendment, it appears that any document can be served in any area at any time by any person involved. In effect, we are removing the constraints that were imposed by the court rules, which gave rise to personal service within areas or within boundaries. While Circuit Court boundaries, in country areas if not in the city, would appear to accord with county boundaries, there is a totally different designation of boundaries in District Court areas. I take it we are removing that designation. If so, I welcome it.

Deputy Brian Lenihan: I will arrange for the Courts Service to give the information to Deputy Flanagan on the statistics for the different forms of service. The Deputy is correct that we are removing any statutory basis for the suggestion that there should be a localised system of service in the different circuit counties or district areas. The District Court has made proposals to me which are in the course of implementation and which will rationalise the District Court areas in terms of county boundaries. This work is under way in the District Court.

Amendment agreed to.

Acting Chairman: Amendments Nos. 2 and 19 are related and may be discussed together by agreement.

Deputy Brian Lenihan: I move amendment No. 2:

In page 7, line 16, after “1954,” to insert “THE SOLICITORS (AMENDMENT) ACT 1960,”.

Solicitors appointed to the Solicitors Disciplinary Tribunal by the President of the High Court must be practising at the time of their appointment, which is a basic legislative requirement. This has been interpreted as requiring that the solicitor holds a practising certificate for each of the five years of his or her membership of the tribunal. To obtain a practising certificate, as I am sure Deputy Flanagan is aware, professional indemnity insurance is a prerequisite. There- fore, a solicitor member who wishes to retire from practice during the currency of his membership of the tribunal must nonetheless retain costly professional indemnity insurance. This is a disincentive, first, for tribunal members to stay on to complete their term on the tribunal on retirement from practice, and, second, with regard to taking on a position as a tribunal member as it is less attractive for a solicitor who may be planning to retire. It is fair to say that in a body such as a disciplinary tribunal, the experience of an older solicitor can often be very valuable. The chairman of the disciplinary tribunal has indicated to the Law Society that this has created practical difficulties for the tribunal. Some of the current solicitor members, who are 551 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian Lenihan.] quite senior, may at some stage during their five-year term retire from practice but remain on the tribunal. Amendment No. 19 amends section 6 of the Solicitors (Amendment) Act 1960 to ensure that no doubt exists in regard to the position of a solicitor who retires during a five-year term on the disciplinary tribunal. The provision will clarify that such a member who is a solicitor in good standing on appointment but who retires from practice, while still in good standing, during the course of membership of the tribunal will not be required to hold a practising certificate for the remainder of his or her term of membership. This would remove the requirement to retain professional indemnity insurance and make it more likely that the tribunal will not lose the benefit of the experience of valued members owing to this requirement. Amendment No. 2 is a consequential technical amendment on that basic proposal.

Deputy Charles Flanagan: The Minister has explained the circumstances well. I am not sure there is anything I can add, except to seek further clarity. The Minister makes an important point, particularly in the context of experienced persons or wise counsel, and particularly those who have served or are currently serving on the tribunal. I welcome the amendment. While I am not sure how many persons will be affected, I agree with the principle.

Deputy Brian O’Shea: I too see the amendment as sensible. Is there anything in the amendment that would prevent a person who no longer has a practising certificate from being appointed to the solicitor’s tribunal in the future?

Deputy Brian Lenihan: That is out of the question. One must have a practising certificate at the time of one’s appointment. A retired solicitor cannot be appointed. All we are providing for here is that if somebody is appointed while he or she is a solicitor, that person can serve out his or her term when he or she retires.

Deputy Brian O’Shea: I take what the Minister said, that it will require a change in legislation to cater for what I suggest here. I will deal with an amendment later that relates to ageism and juries. There can be a lot of talent out there that is precluded from being much more active. In this instance, I refer to people who are retired. I do not think there is any substantial reason the legislation cannot be examined in the context of allowing these people to participate. Go raibh maith agat, a Chathaoirligh.

Deputy Brian Lenihan: Deputy O’Shea raised an interesting but wider point. We are dealing with the Solicitors Disciplinary Tribunal. There are persons appointed to this tribunal who are not solicitors and there are persons appointed who are solicitors and they must be solicitors in virtue of their appointment. I am not sure it would be desirable to have someone appointed in that capacity who was not a solicitor at the time of his or her appointment. I will deal with the amendment raised by Deputy O’Shea at a later stage.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 3:

In page 7, lines 17 and 18, to delete “THE GAMING AND LOTTERIES ACT 1956,”.

This is a technical amendment to reflect a change in the Long Title following an amendment made to the Bill on Committee Stage. 552 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 4:

In page 8, line 13, to delete “section 23” and substitute “sections 23 and 24”.

Likewise, this is a technical change to the collective citation to reflect an amendment made to the Bill on Committee Stage.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 5:

In page 9, between lines 3 and 4, to insert the following:

6.—Section 88 of the Courts of Justice Act 1924 is amended by inserting the following after subsection (4):

“(5) For the purposes of this section (including any warrant under subsection (1))—

(a) subject to paragraphs (b) to (g), “county” means a county as referred to in section 10 of the Local Government Act 2001 and as its boundaries are in force from time to time under Part 8 of that Act,

(b) the city of Cork and the county of Cork shall be regarded as a single county, and a reference to the county of Cork shall include the city of Cork,

(c) the city of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin shall be regarded as a single county, and a reference to the county of Dublin shall include the city of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin,

(d) the city of Galway and the county of Galway shall be regarded as a single county, and a reference to the county of Galway shall include the city of Galway,

(e) the city of Limerick and the county of Limerick shall be regarded as a single county, and a reference to the county of Limerick shall include the city of Limerick,

(f) the city of Waterford and the county of Waterford shall be regarded as a single county, and a reference to the county of Waterford shall include the city of Waterford, and

(g) the counties of North Tipperary and South Tipperary shall be regarded as a single county.”.

This amendment is intended to clarify the meaning of “county” for the purposes of the appointment and powers of peace commissioners. This will ensure alignment with new local authority administrative areas while maintaining the links with the geographic areas familiar to most people. The amendment provides that a subsection be inserted into section 88 of the Courts of Justice Act 1924. Section 88 of the Courts of Justice Act 1924 provides for the appointment of peace commissioners in each county. Neither the Act nor the section itself currently defines what is meant by “county”. This has posed some difficulties in regard to the warrants of appointment of peace commissioners made since the commencement of the section. At certain stages the warrants of appointment referred to the “County of Dublin” or “County of Waterford” while at other 553 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian Lenihan.] stages reference is made to the “county borough of Dublin and County of Dublin” or to the “county borough of Waterford and county of Waterford”. The Local Government (Dublin) Act 1993 maintained the county borough of Dublin, the city, and divided what was County Dublin into three new administrative counties — Du´ n Laoghaire-Rathdown, Fingal and South Dublin. The Local Government Act 2001, however, abolished the concept of the county borough and replaced it with “administrative areas”,or cities, separate to counties. The Act also established a new list of counties. The proposed subsection (5)(a) provides that the local authority county and city administrative areas provided for in the Local Government Act 2001 will form the basis for counties for the purpose of the appointment and exercise of powers by peace commissioners. The intention is to remove any doubt that may exist regarding the meaning of county in section 88 of the Courts of Justice Act 2001. The proposed subsections (5)(b)to(g) provide that cities, such as Cork, Limerick and Galway, will be regarded as part of the county for the purpose of peace commissioners. This is consistent with existing practice and will remove any doubt about the jurisdiction of peace commissioners regarding city areas. Peace commissioners appointed after the commencement of the Local Government Act 2001 will be reappointed to the role to remove any doubt as to jurisdiction. The subsection also provides that Dublin will be regarded as one area, including the city area and the counties of Fingal, Du´ n Laoghaire-Rathdown and South Dublin. In addition, in line with current practice, north and south Tipperary will be regarded as one entity.

Deputy Charles Flanagan: Having regard to the huge level of mobility where, for example, my county is a commuter county, which would have been unthinkable in 1924, I would have thought it preferable to have a general application for the purposes of the signing or serving of warrants. I suggest that it could be done in any part of the country and that we would not differentiate between those who would be entitled to swear a document in any county, as opposed to another area, or persons who would be charged with a duty to take affidavits or statutory declarations in one county and maybe not in another. Are we just going halfway towards dealing with a problem that might be dealt with by way of accepting that it would be sufficient for a document to be authenticated in any part of the country rather than having different designated persons for different counties? Would it not be possible to have the Republic of Ireland as a designated place for the purpose of the documentation and to state that any document could be sworn before any peace commissioner in any part of the jurisdiction without the need to introduce this amendment? The only difficulty I have with the amendment is that it seems to just go halfway towards dealing with an inconvenience, rather than a problem.

Deputy Brian O’Shea: The thrust of the amendment is fine but there is a boundary issue I wish to bring to the Minister’s attention. I am sure it refers to other city and county situations but this is one with which I am familiar because it relates to Waterford city. Waterford City Council is building houses in County Kilkenny, which it rents. As the amendment is framed, it means that the writ of people who are just outside the borough boundary in Waterford city, will run as far as Castlecomer and Moneenroe in north Kilkenny, whereas the writ of people in the adjoining areas of the city such as the Ferrybank area of Waterford, would not run. I am not sure about the issue raised by Deputy Flanagan, as to whether it would be more sensible to have a general type of appointment for peace commissioners but from time to time I find it difficult to locate a peace commissioner in a particular area and there is a need to send somebody a distance to find one. It is not logical that, for instance, people can be 554 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage appointed as peace commissioners in south Kilkenny who cannot operate in the interests of people just across the border in Waterford.

Deputy Brian Lenihan: Interesting points have been raised by both Deputies. I agree with Deputy Flanagan; in a sense this is a halfway house. During the term of office of my predecessor, a doubt was raised about the validity of the appointment of peace commissioners in the Dublin area because of the tripartite division of the county and hence we have this amendment to put that issue beyond doubt. I agree with Deputy Flanagan that it is a halfway house and, in fact, I have initiated a review within the Department of the status and functions of peace commissioners. If one looks at the 1924 Act, one will see that the original intention of it was to provide an officer who would assist the District Court in the exercise of judicial functions. At the time of the 1924 Act, the State had decided to introduce a permanent, fixed, full-time magistracy in the form of the District Court but it was recognised that there were certain judicial functions which could not easily be performed by a full-time body. The issuing of warrants, the holding of remand courts and, in those days, the signature of summonses were identified as three functions which could usefully be performed by a layperson appointed as a peace commissioner. The Supreme Court handed down decisions some decades ago which indicated that a peace commissioner could not perform judicial functions of a criminal character. As a result of that, the former power which a peace commissioner had to conduct a court and remand a person to the next sitting of the District Court can no longer be exercised. The question of the issuing of a summons is no longer relevant with computerised technology. The issue of signing warrants has changed in the sense that, as a result of these court decisions, the peace commissioner is no longer a judicial officer whose search warrant cannot be questioned but an executive whose warrant can be subject to examination and cross examination in the court of trial in respect of which the warrant is an issue. All of this has effected a complete change in the original conception of what a peace commissioner was supposed to do under the 1924 Act. Apart altogether from those limited judicial functions, peace commissioners exercise wide powers in regard to the authentication of documents, and that has never been in issue. Again, I have decided to review all of these matters within the Department and I will bring proposals forward in due course. Deputies Charlie Flanagan and Brian O’Shea raised the boundary question and they make a fair point. The commissioners for Dublin are appointed for the city and the three suburban counties, an area with in excess of 1 million people, while the area of the person appointed for Waterford city and county under this system has 100,000 people. The question is why that person should not cover County Kilkenny too. If somebody sought appointment from, say, Sliabh Rua, it would seem appropriate to give him or her authority in Kilkenny and Waterford. I can examine that in practical terms and it would present no practical difficulty because one can appoint a peace commissioner to two counties. Deputy Flanagan asked why it should not be a national appointment. In every district head- quarters a list is held of the peace commissioners available to do business in that district and there is a sense in which the peace commissioner is rooted in a particular community and is a person of credit and trust in that community. The peace commissioner is not a person in full- time service of the State, therefore it is important that local link is preserved. However, I will examine that issue in the context of a general review.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 6: 555 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian Lenihan.]

In page 9, to delete lines 12 to 18 and substitute the following:

7.—Section 48 of the Court Officers Act 1926 is amended——

(a) in subsection (1)—

(i) by inserting “by regulations made under section 3 of the European Communities Act 1972” after “him by statute”, and

(ii) by inserting “by such regulations” after “provided by statute”,

and

(b) by inserting the following after subsection (2):

“(3) An assignment under subsection (1) of a district court clerk to a district court area may be—

(a) a permanent assignment,

(b) a temporary assignment, or

(4) Where subsection (3)(c) applies to a district court clerk, the temporary assignment concerned shall be without prejudice to the exercise of all such powers and authorities and the performance of all such duties and functions for the time being conferred or imposed on him or her by law in relation to any district court area to which he or she is permanently assigned.

(5) Where a temporary assignment under subsection (1) of a district court clerk to a district court area is made pursuant to a direction given orally under that subsection, the Courts Service shall cause a record in writing to be made and kept, in such manner as the Courts Service thinks fit, of the direction.

(6) A record in writing referred to in subsection (5) shall, in any proceedings, be evidence that the district court clerk to which the record relates was temporarily assigned to the district court area to which the record relates until the contrary is shown.”.

This amendment restates the amendment to section 48 of the Courts Officers Act 1926 as it currently stands in the Bill. It goes on to provide that District Court clerks can be temporarily reassigned from their regular areas of work to other areas at short notice, for example, to cover colleagues who may be sick or on leave. Reassignments of this type are now done by a formal direction in writing given by the Courts Service. The amendment contemplates that such a direction can also be given orally to a clerk and that a record of that direction is to be kept. This record is to be evidence of the temporary reassignment until the contrary is shown. The change will encourage greater flexibility. Traditionally the reassignment of District Court clerks was the responsibility of the Minister but was reassigned to the Courts Service in 1998 by section 29 of and Schedule 2 to the Courts Service Act 1998.

Deputy Charles Flanagan: This amendment is related to the Minister’s earlier point on the review of the District Court areas for the administration of justice. If the Minister does not have a reply for me now perhaps he will examine it and write to me about it. I understood this 556 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage review was well under way and had been completed a couple of years ago. I wonder why such a length of time has been taken to reorganise the districts on the basis of significant population changes from the west coast, in the same manner that constituency boundaries have been reviewed over the years. The effect of population increases on the workload of the Courts Service and the administration of justice should be reflected in the number of courts in any district. I would have thought consideration would be given to according the District Court boundaries with the county boundaries. That would give rise to a more consumer-friendly regime. For example, some districts in the midlands, districts Nos. 9 and 14, incorporate three and sometimes four counties, or portions thereof. That has given rise to the inconvenience or difficulty this amendment seeks to address through temporary assignments to other, perhaps adjoining, areas. There could be circumstances in which parts of one parish or town are in different court areas, like the example Deputy O’Shea gave in his constituency. A number of district court boundaries may encroach on an area, which would not accord with the county bounds. For ease of administration and to become more consumer and user-friendly, so that people might know, the designation could be along county bounds. If the review, which has been going on for a long number of years, does not require an in-depth study, I would have thought the matter might be dealt with expeditiously. The Minister will say the matter is primarily for the Courts Service, but perhaps he will determine the up-to-date position.

Deputy Brian O’Shea: My question is whether a court clerk could have a temporary assignment in addition to a permanent assignment. As the Minister indicated, this could arise due to illness. In my experience, court clerks are busy people. Is there a bottom line problem that two court areas could suffer under such an arrangement, that a person temporarily assigned leaves a permanent position that is not fully catered for? Is there logic in examining the idea of having locum court clerks that would be available to fill in at short notice when difficulties arise due to absence?

Deputy Brian Lenihan: What Deputy O’Shea advocates already happens; there is already pooling of District Court clerks. The temporary assignment is done by a formal document signed by a senior member of staff in the Courts Service who has due delegation from the board. This is a very inflexible, time-consuming and cumbersome arrangement. The amendment is necessary to allow for an oral direction with a written record to be sufficient to validly transfer a clerk. It is a legal matter. Under the proposed amendment, legally speaking, shorter notice can be provided. There is nothing to stop the pooling of clerks in an assignment as advocated by Deputy O’Shea. One can have two clerks if necessary. The section as currently drafted, “as the Courts Service shall from time to time direct”, does not specify how this direction is to be made or recorded. It could be argued that the Courts Service is at large to decide how to direct a clerk and make a record of it and that no change is needed. However the Attorney General’s office advised that we insert this to put the matter beyond doubt, that as a matter of administrative practice a simple direction be given provided a record is taken. On Deputy Flanagan’s point about the wider issue of the District Court boundaries, progress has been made and the relevant orders are being made this year and have already begun to come into operation. While I appreciate Deputy Flanagan made this point from a wider national perspective, it will involve the creation of a Laois-Offaly district. As the Deputy will appreciate, while the Government assigns judges to particular districts, there is the matter of consultation with the judges and I am satisfied that we are in a position to implement the county-based scheme. When the county-based scheme is introduced there will be anomalies. If a district judge is assigned to County Westmeath, that judge has no jurisdiction in the southern part of County 557 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian Lenihan.] Roscommon, adjacent to the town of Athlone. Similarly, Roscrea is adjacent to County Laois, but the judge assigned to Laois-Offaly will deal with that. For better or worse we should abide with the counties. Given that the counties have long been recognised as the basis of the Circuit Court jurisdictions, it is wise to use them for the District Court jurisdictions too.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 7:

In page 9, to delete lines 21 to 47 and in page 10, to delete lines 1 to 17 and substitute the following:

65.—(1) The Minister for Justice, Equality and Law Reform may, by order made with the consent of the Minister for Finance—

(a) prescribe the fees to be charged—

(i) in the several offices established by the Courts (Supplemental Provisions) Act 1961, or

(ii) in any other office of, or attached to, any court,

(b) subject to subsection (2), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is of unsound mind, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961,

(c) subject to subsection (2)(a), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is a minor, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961,

(d) prescribe the persons by whom such fees are to be paid, and

(e) prescribe the occasions upon which such fees are to be paid.

(2) An order made under subsection (1)—

(a) may prescribe general or special exemptions from the payment of fees prescribed under that subsection,

(b) may, in relation to income or funds referred to in paragraph (b) of that subsection, be made by way of variation or extension of or in substitution for all or any of the provisions of sections 109 to 114 of the Lunacy Regulation (Ireland) Act 1871.

(3) Subject to subsection (2), the Courts Service shall collect all fees chargeable under an order made under subsection (1) in accordance with the provisions of the order prescribed under paragraphs (d) and (e) of subsection (1).

(4) All fees collected under an order made under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(5) The Courts Service may— 558 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

(a) determine the manner or method of payment of any fees chargeable under an order made under subsection (1), and

(b) determine the form in which the payment of any such fees shall be recorded, including the provision of a receipt in respect of such payment.

(6) An order made under this section before the commencement of section 8 of the Civil Law (Miscellaneous Provisions) Act 2006 and in force immediately before that commencement shall, on and after that commencement, be deemed to be an order made under subsection (1) and, accordingly, be liable to amendment or revocation by another order made under that subsection.”.

This amendment relates to court fees. It replaces the amendment to section 8 of the Bill as it stands. As it stands, section 8 of the Bill seeks to replace section 65 of the Courts of Justice Act 1936 to ensure that the minutiae of the manner in which court fees are collected are left to the Courts Service rather than set out in fees orders made by the Minister. Unusually, responsibility for the collection of court fees was never formally transferred to the Courts Service when it became an independent agency. In practice, however, the CEO of the Courts Service operates on the basis that he or she is the accounting officer in respect of court fees. Notwithstanding this, it was considered prudent to remove the ambiguity as to who is the accounting officer in respect of fees. In addition, as the provision currently stands in the Courts of Justice Act 1936, the Courts Service is not entirely free to devise and implement new methods of payment, for example, taking advantage of new technology for this purpose. If, for example, the Courts Service wanted to provide an Internet-based system of fee collection, it would be required to operate any such system under the authority of the Minister. In practice, this would mean the Minister and the Department of Justice, Equality and Law Reform would be ultimately responsible for the arrangements and would have to issue the necessary Internet authorisations. It was decided that it would be far more sensible for the Courts Service to do the job itself, and the amendment at section 8 of the Bill 1 o’clock provides for that. The provision in the form now proposed in this amendment also allows for the operation of the fee-prescribing power, with significant flexibility to cater for present and possible future fund management approaches within the Courts Service to the business of safeguarding and investing the funds for which it is responsible, including those of minors and other vulnerable persons.

Deputy Charles Flanagan: I only received this amendment the day before yesterday. It is quite a lengthy, detailed amendment and having read through it, I wondered what is the current position. I would have thought that such a provision was already in law and that this is normal practice in any event. The Minister may have confirmed that. Why is there a need for the amendment? What will be the net practical change in the proposal? I agree that the setting of the fees will still be by ministerial order, which is important. There has been great work undertaken by the Courts Service since its inception and it has succeeded in bringing about a great improvement to the system, in spite of its huge workload. Nevertheless, I urge that the setting of fees be maintained by the Minister and I do not think any change is proposed in this amendment or in this Bill. The Minister may have dealt with my point already. Why is there a need for such an amendment if it was already normal practice? I cannot see why it should be amplified in statute law.

Deputy Brian O’Shea: From the Minister’s explanation, this seems to be an oversight that needs to be corrected from the time the legislation was enacted to set up the Courts Service. 559 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian O’Shea.]

In the amendment, the proposed section 65(4) states that all fees collected under an order made under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. I take it that all fees go back into the general coffers of the State and do not remain with the Courts Service. Would it not be more practical for that money to remain with the Courts Service, or does this make sure that the service has a more even flow of funding? What is the extent of these fees? How much do they realise in any given year?

Deputy Brian Lenihan: I would be delighted to raise that issue with the Ta´naiste and Minister for Finance. I understand that it is the traditional practice, but I will check it out. This is a restatement of the basic provision. The Courts Service was not in existence in 1936 and was not acknowledged in its own legislation to have a function in this area. Where fees are paid by franking machines, the courts policy division of the Department is responsible for the paper- work permitting solicitors to use franking machines. That is one of the consequences of not having a function for the Courts Service in this area. It is important that the function be in the Courts Service, and that will allow new forms of payment to be devised. It is also important that the accountability of these fees should be vested in the chief executive of the Courts Service as an Accounting Officer. That is really the purpose of this statutory restatement. I will check out the issue surrounding the fee-making power, but the general statutory practice is that items of this character are repaid to the Minister for Finance.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 8:

In page 12, between lines 23 and 24, to insert the following:

13.—Section 7 of the Courts Act 1964 is amended—

(a) by substituting the following for subsections (2) to (4):

“(2) This section shall apply in relation to the service of any Circuit Court document and any District Court document in any area notwithstanding the fact that a summons server may stand assigned to that area by the County Registrar for the county in which the area is situated.

(3) Subject to subsection (5), the service of a Circuit Court document or a District Court document may be effected by any of the following methods:

(a) the sending of a copy of the document by registered prepaid post in an envelope addressed to the person to be served at his last known residence or place of business in the State and the document may be posted by the person on whose behalf it purports to be issued or a person authorised by him in that behalf;

(b) personal service (including such service by a person other than a summons server) upon the person to be served, in such manner as may be prescribed by rules of court, or upon such person on behalf of the person to be served, and in such manner, as may be so prescribed; or

(4) The service of a Circuit Court document or a District Court document upon a person pursuant to subsection (3)(a) shall, upon proof that the envelope containing a 560 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

copy of the document was addressed, registered and posted in accordance with that subsection, be deemed to be good service upon the person unless it is proved that such copy was not delivered.”,

(b) by substituting the following for paragraph (a) of subsection (5):

“(a) Where—

(i) a person upon whom it is proposed to effect service of a document pursuant to subsection (3)(a)or(b) is outside the State or his whereabouts are unknown and cannot be ascertained by reasonable inquiries,

(ii) an envelope containing a copy of a document intended to be served upon a person pursuant to subsection (3)(a) is sent to the person by registered post and returned undelivered to the sender,

(iii) personal service in accordance with subsection (3)(b) cannot be promptly effected, or

(iv) in a case to which subsection (3)(c) is applicable, the circumstances, prescribed by rules of court for the purposes of this subparagraph, occur, the Circuit Court (and, in the case of proceedings before that Court, the County Registrar for the county in which the proceedings have been instituted) or the District Court, as may be appropriate, may make such order for substituted service or for the substitution for service of notice by advertisement or otherwise as it (or, in the case of the County Registrar, he or she) may think proper.”,

(i) in paragraph (a)—

(I) by substituting “person pursuant to subsection (3)(a)” for “person pursuant to subsection (3) of this section”, and

(II) in subparagraph (iii), by substituting “subsection (3)(a)” for “the provisions of subsection (3) of this section”,

and

(ii) in paragraph (b), by substituting “subsection (3)(a)” for “subsection (3) of this section”,

and

(d) in subsection (7), by substituting “subsection (3)(a)” for “subsection (3) of this section”.

Amendment agreed to.

Acting Chairman: Amendments Nos. 9 to 12, inclusive, are related and may be discussed together.

Deputy Brian Lenihan: I move amendment No. 9:

In page 14, line 30, to delete “6” and substitute “7”. 561 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian Lenihan.]

Amendment No. 11 brings about a proposed change to the membership of the Circuit Court rules committee. It will add a county registrar from outside Dublin, to be nominated by the chief executive of the Courts Service, to the membership of the rules committee. The aim is to make available to that rules committee a wider range of experience in respect of the operation of the Circuit Court outside Dublin. The proposal emanates from the County Registrars’ Association and has the support of the president of the Circuit Court and the county registrar for Dublin, who is the secretary to the committee. Amendments Nos. 9, 10 and 12 are consequential to amendment No. 11.

Deputy Charles Flanagan: I agree with that.

Deputy Brian Lenihan: It tended to diverge between Dublin and the rest of the country.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 10:

In page 14, line 42, to delete “and”.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 11:

In page 15, line 2, to delete “Ireland.” and substitute the following:

“Ireland, and

(d) one shall be a county registrar, not being the county registrar referred to in subsection (3)(d), nominated by the Chief Executive Officer of the Courts Service.”.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 12:

In page 15, line 11, to delete “or a practising solicitor” and substitute “, a practising solicitor or a county registrar”.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 13:

In page 17, to delete lines 12 to 33 and substitute the following:

14.“(1) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961, an order made on or after the commencement of this section recording a decision of a judge of the District Court shall, when signed by—

(a) any judge of the District Court assigned to the District Court district in which the order was made, or

(b) subject to subsection (2), any district court clerk assigned to the District Court area in which the order was made,

be evidence in any legal proceedings of the decision until the contrary is shown. 562 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

(2) Paragraph (b) of subsection (1) shall not apply in the case of an order sending an accused person forward for trial.

(3) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961, a warrant issued on or after the commencement of this section by a judge of the District Court shall, when signed by—

(a) any judge of the District Court assigned to the District Court district in which the warrant was issued, or

(b) subject to subsection (4), any district court clerk assigned to the District Court area in which the warrant was issued, be evidence in any legal proceedings of the matters to which the warrant relates until the contrary is shown.

(4) Paragraph (b) of subsection (3) shall not apply in the case of a search warrant or a warrant sending an accused person forward for trial.”.

This proposed amendment follows discussions between the Courts Service and the president of the District Court. It replaces the amendment to Sections 13A and 14 of the Courts Act 1971, which is currently at section 19 of the Bill. It aims to authorise district court clerks to sign orders or warrants — though not orders returning for trial or search warrants. The redrafting of the amendment is specifically to render the provision subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961. This makes it clear that the changes do not displace the provisions of the Sixth Schedule, which provides that in the case of illness or absence of the judge permanently assigned to a district, another judge may, with the consent of the Minister, exercise and perform, during such illness or absence, the privileges, powers and duties of the judge permanently assigned to that district.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 14:

In page 17, between lines 33 and 34, to insert the following:

20.—Section 23 of the Courts Act 1971 is amended by substituting the following for subsection (1):

“(1) The service of a superior court document may be effected—

(a) by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or a copy thereof (as may be appropriate) by registered pre-paid post to, the residence or place of business in the State of the person to be served or the place of business in the State of the solicitor (if any) acting for him or her in the proceedings to which the document relates, or

(b) by such other means as may be prescribed by rules of court.”.

Amendment agreed to.

Deputy Brian O’Shea: I move amendment No. 15:

In page 17, to delete lines 34 and 35.

This amendment seeks to delete section 20 of the Bill. It is not clear that it is an improvement to our jurisprudence to appeal the requirement that a District Court judge must keep a note 563 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian O’Shea.] of the evidence before or him or her. In the absence of any universal transcript system, why should there not be a formal judge’s note of evidence? This amendment had considerable support on Committee Stage and the requirement that it should be deleted was called into question. The Minister made the point that an appeal to the District Court is not by way of a rehearing. A note of evidence is not necessarily an appeal, but it might well be necessary in a case stated or in a judicial review, or to deal with a complaint against the judge or in an issue arising before the proposed judicial council, if it is established. I would be interested in the Minister’s response to this.

Deputy Brian Lenihan: This amendment proposes the removal of section 20 from the Bill. Section 20 as it currently stands deletes section 20(4) of the Petty Sessions (Ireland) Act 1851. This section requires the District Court judge to take or cause to be taken a note of the evidence when required to do so. In 2006, 560,155 cases were heard by the District Court. The vast majority of the cases heard in the District Court are summary, carrying a fine rather than a custodial sentence. The ability of a District Court judge to proceed through the large number of cases required to keep on top of his or her list of cases would be greatly reduced if section 20(4) of the Petty Sessions Ireland Act 1851 were strictly observed. As matters stand, I understand District Court judges do not in practice keep a note of the evidence for a number of reasons, not least of which is the sheer impracticality of attempting to do so. Were District Court judges to perform this function, the activity would have a detri- mental effect on their ability to hear cases. Deputy O’Shea fairly conceded that a District Court decision is subject to a right of appeal by way of full rehearing in the Circuit Court so there is no prejudice to the litigant before the Circuit Court in not having a note of the evidence. The Deputy referred to the position regarding a case stated. However, it is my understanding that the District Court judge draws up a case stated in consultation with the parties when there is a case stated to the High Court. In effect, the judge prepares a form of what happened before him or her for the purposes of the exercise of his or her legal review powers by the High Court. It is difficult to see what the generation of a note would achieve. The advice of the Attorney General is that this requirement is superfluous because every appeal of a decision of the District Court is by way of a complete rehearing in the Circuit Court. In fact, section 14(1) of the Courts Act 1971 provides that in any legal proceedings regard shall not be had to any record relating to a decision of a judge of the District Court in any case of summary jurisdiction. This means that even if a note had been kept of the evidence in the District Court, it would not be used in the appeal. Instead, the case must be completely reheard and the original note cannot be brought into the picture. I assume this provision was made to ensure the number of District Court appeals to the Circuit Court is not endless. It is clear the requirement set out in the 1851 Act is, as a matter of practice, no longer implemented in modern circumstances. Deputy O’Shea referred to general jurisprudence. It is important to note that it is intended to roll out digital audio recording in a number of phases, starting with the criminal courts where cases are brought on indictment, followed by the civil and family law courts in Dublin and, subsequently, by Circuit Court and District Court locations throughout the country. In other words, at the end of the programme of work, all courts in all jurisdictions will have digital audio recording implemented. The provisional timescale for the roll-out of digital audio recording is as follows. It is hoped to have all courts, except the District Court, covered by about March of 2009. It is then proposed to roll out digital audio recording in all District Courts, although some District Courts will be covered earlier because they are co-located with a Circuit Court or family law venue. 564 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

The Courts Service is not anxious to revisit a building to install further equipment and under its plan, all locations will be covered by the end of 2009. The current plan is scheduled to start in March of this year. In July, category 1, that is, the Circuit Courts, Special Criminal Court and Central Criminal Court, will begin to have digital audio recording installed. Following completion of this phase, digital audio recording will be installed in the civil and family law courts. The final phase will be implementation of digital audio recording in category 3, that is, all District Courts not covered by earlier roll-outs. I am glad of the opportunity provided by the amendment to point out that the programme of digital audio recording is a fundamental change in the operation of the courts. As Deputies are aware, at present a transcript is maintained in criminal and certain other proceedings. In general, a note must be taken by practitioners of other proceedings before the courts and evidence in them. Under the system of digital audio recording, a complete record of everything that happens in court will be kept in every court. This will be a valuable innovation which will allow us to reconsider the systems of appeal that obtain in the courts at present and enable us to put any system related to judicial conduct on a firm basis.

Deputy Brian O’Shea: The information provided by the Minister on plans to have complete digital audio recording of court proceedings by the end of 2009 puts this issue in a different context. I seek clarification on another issue. When is it proposed to establish a judicial council? Given that full digital audio recording will be in place in less than two years, there will be a certain overlap in this regard. It is important that the best possible record is available in the event that a complaint is made against a judge. I accept the Minister’s point that progress is being made.

Deputy Brian Lenihan: I am pleased to note that progress has been made on the judicial council. As the Deputy will be aware from replies to parliamentary questions, I was awaiting the views of the Chief Justice. The Chief Justice has agreed to the establishment of a small working group comprising one nominee of the Courts Service and one nominee of my Depart- ment to progress the drafting of the judicial council Bill.

Amendment, by leave, withdrawn.

Deputy Brian Lenihan: I move amendment No. 16:

In page 20, between lines 10 and 11, to insert the following:

23.—(1) Where a court is satisfied in proceedings before it that—

(a) a party appearing before the court in the proceedings, or

(b) counsel or a solicitor appearing before the court in the proceedings on behalf of a party,

is blind or partially sighted and for that reason requires assistance, the court may, at the request of the party, counsel or solicitor concerned and notwithstanding any enactment, statutory instrument made under any enactment or rule of law, authorise another person (in this section referred to as the “assistant”) to accompany the party, counsel or solicitor, as the case may be, in the proceedings and provide such assistance subject to such directions as the court may give to the assistant.

(2) The assistant in proceedings referred to in subsection (1)—

(a) shall comply with directions referred to in that subsection given to him or her, and 565 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian Lenihan.]

(b) shall not, by virtue of being the assistant, have any right of audience in the proceedings.”.

My attention has been drawn to the difficulties which may arise in a courtroom environment for a lawyer or a party to the proceedings who is blind or visually impaired. Currently, the use by such a lawyer or party to the proceedings of a reader may theoretically — apart from other considerations — be restricted by certain court rules, for example, the in camera rule. The proposed provision will make it abundantly clear that a blind or partially sighted lawyer or a party to the proceedings in need of the assistance of a reader in court has access to one. This proposed amendment emanates from representations made to the Chief Justice.

Deputy Charles Flanagan: I support the amendment.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 17:

In page 20, between lines 26 and 27, to insert the following:

24.—Section 9 (as amended by section 35 of the Court and Court Officers Act 1995 and section 23 of the Courts and Court Officers Act 2002) is amended by substituting the following for subsection (3):

“(3) (a) Whenever an officer is required under subsection (1)(a) to perform the duties, or any duty or duties, of another office equivalent to his or her office, he or she shall, while the requirement remains in force, have all the powers of the holder of that other office in respect of the duty or duties concerned as fully as if he or she held that other office.

(b) Whenever a County Registrar is required under subsection (1)(b) to perform the duties, or any duty or duties, of the office of any other County Registrar, he or she—

(i) shall, while the requirement remains in force, have all the powers of the holder of that office in respect of the duty or duties concerned as fully as if he or she held that office, and

(ii) may exercise such powers concurrently with their being exercised by the other County Registrar.”.

This amendment will allow for county registrars to take on additional functions of an equivalent office. It is envisaged that from time to time, in busier circuits, another county registrar will assist the sitting county registrar in relation to the exercise of these additional functions. This will have the effect of freeing up judicial time and should have a very positive impact on the timely disposal of a number of matters, not the least of which will be family law matters in the Circuit Court. The Courts Service takes the view that an amendment on the proposed lines is necessary to clarify the position regarding the authority of county registrars to perform functions concurrently in a circuit. I am pleased to ask the House to provide accordingly. I wonder if it will have any implications for the counting of votes.

Deputy Charles Flanagan: I agree with the amendment. Are reviews under way which could further enhance the powers of the county registrar? Changes introduced a few years ago to 566 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage allow registrars deal in some way with motions to engage in hearing ex parte applications and in the ordering of the list have ensured greater administration of justice at circuit level and given rise to more ordered lists. Matters which may have awaited judicial hearing for months could be dealt with simply and easily before the county registrar. I ask that ongoing reviews take place with a view to hearing submissions from county registrars and their association on the powers they would seek to be vested in them with a view to speeding up the courts system and ensuring justice is administered in an expeditious manner. The amendment is important.

Deputy Brian Lenihan: While I will take into account Deputy Flanagan’s comments, county registrars are busy under the additional functions we have asked them to perform.

Amendment agreed to.

Deputy Brian O’Shea: I move amendment No. 18:

In page 21, between lines 20 and 21, to insert the following:

26.—(1) If in any proceedings before a court it appears to the court that—

(a) costs have been improperly or without any reasonable cause incurred by a solicitor acting for a client who is a party to those proceedings, or

(b) by reason of any undue delay in proceeding under any judgment or order, or of any misconduct or default of that solicitor, any costs properly incurred have nevertheless proved fruitless to the client incurring those costs,

the court may, on its own motion or on the application of the client concerned—

(i) call on the solicitor of the person by whom such costs have been so incurred to show cause why such costs should not be disallowed as between the solicitor and the client and also (if the circumstances of the case require) why the solicitor should not repay to the client any costs which the client may have been ordered to pay any other person, and

(ii) make such order as the justice of the case may require.

(2) An order under subsection (1)—

(a) shall not be made in respect of a solicitor acting in good faith and without negligence,

(b) does not depend upon a finding by the court that the solicitor is guilty of professional misconduct or gross negligence in relation to their duty to the court.

(3) (a) Where a court is considering whether to make an order under subsection (1), the court may at any stage refer the matter—

(i) in the case of the High Court, to a Taxing Master,

(ii) in the case of the Circuit Court, to a county registrar,

for inquiry and report and may also appoint a solicitor to attend and take part in such inquiry.

(b) Notice of an order under paragraph (a) shall be given to the client in such manner as the court may direct. 567 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage

[Deputy Brian O’Shea.]

(4) In this section, “court“ includes the Master of the High Court.”.

I understand a similar amendment was ruled out of order on Committee Stage. However, the section which caused the problem has been removed. In essence, the amendment is designed to promote consumer protection and prevent the emergence of cosy cartels. The consumer would have greater protection and greater recourse to justice if a case involved simple negligence rather than gross negligence. The section is designed to ensure solicitors who incur costs due to negligence are required to pay those costs by empowering the court to so order. It is a long amendment but this is the essence of what we seek to achieve. Will the Minister accept the amendment?

Deputy Brian Lenihan: I accept the spirit in which the amendment was tabled but a Bill is in preparation to deal with the question of legal costs in a comprehensive way including the issue of consumer protection referred to by Deputy O’Shea. The issue of legal costs in all contentious cases is being examined by the Department. By “contentious” I mean any legal service provided in connection with legal proceedings before a court. A group was established by my Department to advise on the implementation of the Haran report of 2005. Officials from my Department have commenced work on drafting a Bill to reform the manner in which disputed legal costs are assessed with the allied objective of making the market for civil legal services more predictable, consistent and transparent to consumers. We cannot deal with this issue in isolation. The question of legal costs requires a comprehensive response and it is intended to provide this in separate legislation.

Deputy Brian O’Shea: It is encouraging to hear the Minister will undertake this major reform and intends to produce legislation to this effect. Will the Minister give the House an indication of the timescale involved? Da´il Deputies hear complaints from people about this issue and it would be helpful to be able to assure people that legislation is being developed. I hope it is not in the dim and distant future. The issue needs to be addressed and consumer protection is becoming more important in the type of economy we now have. Will the Minister assure the House that the proposed legislation will deal with the specific issue of making the distinction between gross negligence and simple negligence in a consumer friendly way?

Deputy Brian Lenihan: Yes, it will. I am glad Deputy O’Shea raised this question because on my appointment as Minister I examined the extremely detailed Haran report, much of which relates to the costs and expenses associated with substantial litigation. I raised concerns with my officials, and gave directions that the first priority with regard to costs should be precisely the type of circumstances referred to by Deputy O’Shea, such as where an easy remedy is available to a litigant complaining of overcharging in a family law matter. I gather the proposals will be available either later this year or early next year.

Deputy Brian O’Shea: After the proposals are ready the drafting of the legislation will begin. Does the Minister envisage the drafting phase will be prolonged or, bearing in mind the nature of the issues, that we can hope to see the Bill produced in 2009?

Deputy Brian Lenihan: One of my concerns is that if one examines the Haran report, one sees the legislation associated with its implementation would take a prolonged period because it proposes the establishment of an entirely new body to deal with costs. I am not satisfied the abolition and replacement of the taxing masters are essential to the process. It may be that the redefinition of the functions of the taxing masters as legal costs controllers and the development of a facility whereby clients have more ready access to measuring the costs of solicitors and 568 Civil Law (Miscellaneous Provisions) 27 February 2008. Bill 2006: Report Stage counsel would be a more desirable way forward. This would require a shorter Bill. I have attended to this matter and if Deputy O’Shea examines the Haran report he will see the full implementation of the model it envisages would take a number of years.

Deputy Charles Flanagan: If solicitors were farmers they would be claiming and receiving compensation.

Deputy Brian O’Shea: On the basis that the Minister will address this issue in a wider context I will withdraw the amendment.

Amendment, by leave, withdrawn.

Deputy Brian Lenihan: I move amendment No. 19:

In page 22, between lines 2 and 3, to insert the following:

28.—Section 6 (as substituted by section 16 of the Solicitors (Amendment) Act 1994 and amended by section 8 of the Solicitors (Amendment) Act 2002) of the Solicitors (Amendment) Act 1960 is amended by inserting the following after subsection (1A):

“(1B) Where a solicitor member of the Disciplinary Tribunal, during the course of his or her membership of the Disciplinary Tribunal, ceases to be a practising solicitor by virtue of not making an application for a practising certificate, that cesser shall not of itself—

(a) cause the solicitor member to cease to be a solicitor member of the Disciplinary Tribunal, or

(b) prevent the solicitor member from continuing to serve as a solicitor member of the Disciplinary Tribunal for the remainder of his or her appointment or reappointment as a solicitor member of the Disciplinary Tribunal.”.

Amendment agreed to.

Deputy Brian O’Shea: I move amendment No. 20:

In page 23, between lines 28 and 29, to insert the following:

“(2) Where a tenant has, on or after the 12th day of December 2007, effected a renunciation as referred to in subsection (1), the tenant shall be deemed not to be entitled to a new lease for a period of 20 years, and any lease for a shorter period effected on foot of such renunciation shall be deemed to be valid.”.

I understand the issue in question arose from a particular case on which Deputy Rabbitte had representations. I understand the person in contact with Deputy Rabbitte was also in contact with the Minister on this issue. The amendment is designed to ensure renunciations to the right to a new lease made pending the passing of the Bill will be recognised as valid. Otherwise, some tenants will have their tenancies terminated and hardship will ensue. Landlords who allow a lease to continue beyond a certain period may find their ownership of the property will become defunct and landlords do not want to leave tenants in situ because of this risk. In this particular case, questions were also raised about changes to the landlord and tenant legislation. The Minister indicated the specific matter would be dealt with either through this Bill or through changes to the landlord and tenant legislation. The concern is to safeguard tenants while dealing with the difficulty faced by landlords. 569 Priority 27 February 2008. Questions

Deputy Brian Lenihan: As Deputy O’Shea is aware, this Bill allows the tenant to renounce in writing, whether for or without valuable consideration, his or her entitlement to a new tenancy, having received independent legal advice with regard to the renunciation. This is of particular importance in the constituency represented by Deputy O’Shea, given the interest in developing the port in Waterford. I gather this section is important as an inducement to persons interested in investing in development there and in other similar developments throughout the State. However, a general problem exists with this amendment. In principle, retrospective legislation is undesirable. The amendment fixes on the date of 12 December 2007 and effectively facilitates people to reorder their transactions in advance of the commencement of the legislation and in the absence of a definite legislative framework. Acceptance of the amendment would privilege some categories of tenant, whose tenancies expire on or after the date in question, while discriminating all those whose tenancies expired before this date and who, in consequence, had to make alternative arrangements in their business activities. I understand the motivation underlying the amendment but I am slow to accept it. The purpose of these amendments is to establish a new legal framework but this must come into operation from the enactment of the legislation.

Deputy Brian O’Shea: As the Minister is aware, the reason this amendment was tabled is that without it some tenants will have their tenancies terminated and hardship will be caused. I understand the point on retrospective legislation. However, can the group about which Deputy Rabbitte is concerned be safeguarded? I take it the Minister is not favourable to accepting the amendment but its acceptance is not the primary issue, it is the protection of this group of people who could be subjected to hardship.

Debate adjourned.

Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.

Message from Select Committee. An Leas-Cheann Comhairle: The Select Committee on Health and Children has concluded its consideration of the Voluntary Health Insurance (Amendment) Bill 2007 and has made amendments thereto.

Ceisteanna — Questions (Resumed).

————

Priority Questions. Deputy Phil Hogan: With the Leas-Cheann Comhairle’s indulgence, before we proceed, I would like some clarity relating to a question I put down on climate change which, I was surprised to learn, was ruled out of order.

An Leas-Cheann Comhairle: I am not sure I can give that clarity off the top of my head. I am sure if the Deputy were to have a discussion with the Ceann Comhairle’s office, it could give him all the clarity he requires.

Deputy Phil Hogan: I did but I was not entirely satisfied. I cannot understand how a question on meeting our objectives on climate change in the programme for Government can be ruled out of order. 570 Priority 27 February 2008. Questions

An Leas-Cheann Comhairle: I will talk to the Ceann Comhairle’s office and ensure the Deputy receives a communication on it.

Waste Management. 13. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment if he has instructed local authorities to revisit their local waste strategies; and if he will make a statement on the matter. [8137/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I will sort out the matter on the question referred to by Deputy Hogan. The programme for Government includes a commitment to a review of waste management planning. The procurement process for such a review is under way. While respecting the statutory position of local authorities under the Waste Management Acts to make and review waste management plans, the review will inform the implementation of other commitments on waste management in the programme, particularly on how best to promote alternative technologies such as mechanical and biological treatment, MBT. The detailed implementation of waste policy will remain a matter for local authorities, consistent with their waste management plans, and private sector initiatives, regulated by the independent statutory waste licensing and physical planning processes. I have not instructed the local authorities to revisit their local waste management strategies in the context of their waste management plans as it would be premature to issue such an instruction pending the conclusion of the review. The review will chart a new way forward. I intend that it be completed and acted upon in months, not years, because time is not on our side. We need to accelerate dramatically the move away from landfill, to examine all technologies that can contribute to this and regulate the sector in a manner which supports optimal environmental performance at minimum cost. The review will not just be about technology. Its terms of reference are deliberately broad so as to promote a fundamental review of the legal, institutional and financial approach taken to waste management. If the review were to indicate the need for significant legislative changes, I would bring the necessary proposals to the Government. Inaction is not an option and the approach reflected in the current crop of waste management plans, while facilitating some progress, is simply not going far enough fast enough.

Deputy Phil Hogan: I am interested that the Minister indicated his review is a new way forward. Since Deputy Gormley became Minister, there have been many new ways forward. Indaver Ireland’s incinerator capacity for its proposed County Meath plant was 150,000 tonnes. It was recently given permission to increase this capacity to 250,000 tonnes. The proposed Poolbeg incinerator will have a capacity of 600,000 tonnes. An American firm has lodged a planning application for an incinerator in south Dublin with a 365,000 tonnes capacity. The system for thermal treatment of waste has already reached over-capacity. Will the Minister request local authorities under the relevant section of the Waste Manage- ment Acts to review their waste management strategies? We do not need eight incinerators at regional level, a view the Minister shares. Whether we like it, decisions will be made on the capacity for thermal treatment or incineration. Why is the Minister talking about a new way forward considering the figures available to us? 571 Priority 27 February 2008. Questions

Deputy John Gormley: I have given the preliminary figures on this to the Deputy and have made them known outside the House. These preliminary figures are based on waste of 3.2 million tonnes arising nationally. This can be reduced by 1.7 million tonnes through a recycling rate of 50%. I am confident we can reach such a recycling rate, if not beyond that, particularly in Dublin. Some 800,000 tonnes of this can be landfilled without exceeding our landfill directive targets. I believe the remainder can be further reduced by MBT. By 2016, it could stand at 400,000 tonnes. I am confident these figures stand up. However, when making any judgments we must get it scientifically and economically right. That is why this review is of such importance. I agree many of these planning applications have gone in but many pre-date my entry into Government. The Fine Gael Party, perhaps — I say “perhaps” because it is difficult to decide when reading its manifesto — has changed its position on incineration. Its track record——

Deputy Phil Hogan: We know the Minister has changed his position.

Deputy John Gormley: Fine Gael sure has changed its position. On reading its manifesto——

An Leas-Cheann Comhairle: I would like to allow a brief supplementary question.

Deputy John Gormley: I have seen how Fine Gael voted in the past on the 1996 Act. It voted for the 1998 waste plan for Dublin. The Dublin assistant city manager recently stated that this gave him the legal imprimatur to go ahead with a 600,000 tonnes incinerator in Dublin city. Fine Gael needs to get its own line straightened on this.

Deputy Phil Hogan: The Minister has changed his mind on many matters in the past eight months, one of which is incineration. He has powers to review waste management. He relied on public statements by himself rather than Government policy to instruct An Bord Pleana´la and others to make decisions. That is not the way to do business in government, as the Minister now knows. He has been hoodwinked on various matters, which is not surprising. A Leas-Cheann Comhairle, may I ask a final and brief supplementary?

An Leas-Cheann Comhairle: I wish the Deputy would do so.

Deputy Phil Hogan: What is the position regarding the amount of tonnage that will be required for MBT? Can we have certainty on the figures? When will the review be published? Will it be in July or will it be another bank holiday weekend job? Will we have to wait until all these planning applications in the system are approved and the Minister can wring his hands again before we know the answer?

Deputy John Gormley: I made my views known. If the Deputy looks at the planning Acts, they state the Government’s policy. I stated my policy clearly. I will meet the Environmental Protection Agency next Monday to discuss MBT. There are several complex issues surrounding MBT such as the moisture content of actual residual product and at what stage it can be regarded as landfill material or inert. I am confident we can complete the review in a matter of months, not years. I hope interim reports will emerge from the review so we can act as quickly as possible but with regard for scientific evidence and economic realities.

572 Priority 27 February 2008. Questions

Waste Disposal. 14. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government the position regarding the need for a national waste charge scheme, particularly in view of the 2005 review carried out for the Environmental Protection Agency with the assistance of his Department on domestic collection charges that found that almost half of local authorities have no waiver scheme in place for low-income families and pensioners who are thereby discriminated against; and if he will make a statement on the matter. [8050/08]

Deputy John Gormley: The review referred to is the nationwide review of pay-by-use domestic waste collection charges in Ireland, prepared for the EPA by the Department of Geography, Trinity College, Dublin. Waste management services have traditionally been provided at local level, with individual arrangements being locally determined and tailored to local circumstances. The present legal framework, as determined by the Oireachtas, reflects this. In accordance with section 52 of the Protection of the Environment Act 2003, the determination of waste management charges and any associated waiver scheme is a matter for the relevant local authority, where it acts as the service provider. Similarly, where a private operator provides the collection service, it is a matter for that operator to determine charges. I recognise that significant regulatory issues have emerged as waste management services have rapidly evolved in recent years. These issues, which are the subject of formal public consultation, include the need to ensure that necessary public service criteria in the provision of services in particular areas or of specific households are properly reflected. The existing regulatory framework requires modernisation. The identification of the changes necessary will be greatly assisted by the current OECD review of the public service, which includes a specific case study on waste management. This will be implemented in the context of the overall review of national waste management policy provided for in the programme for Government and now being initiated. In addition, the revised approach to the collection of household waste being taken by the Dublin local authorities will further inform the selection of the necessary measures to underpin sustainable waste collection services and infrastructure provision, whether delivered by the private or public sector. In this context the appropriate policy responses will be developed and elaborated.

Deputy Joanna Tuffy: I considered the figures in the report to which I referred and also did a survey to find out the variations in waste disposal charges around the country. There are major variations in the cost of waste charges, which raises issues of fairness. My local council, South Dublin County Council, charges \8 per bin lift, and that is the only charge. There is no flat charge. Other councils have a yearly flat charge as well as charging per lift. For example, in the Offaly County Council area, where there is no waiver scheme, one can be charged between \360 and \384 per annum, depending on the size of the bin, plus \5 per lift. That is considerably more expensive than in South Dublin. According to the 2006 report — charges may have increased since that time — Galway County Council, which also has no waiver scheme, has yearly charges of between \320 and \373.

An Leas-Cheann Comhairle: Does the Deputy have a question?

Deputy Joanna Tuffy: This does lead to a question. Galway County Council also charges between \4 and \6 per bin lift. In the Galway City Council area, there is a flat rate of \159 per year plus a charge per lift, but there is a waiver scheme. The average yearly charge is 573 Priority 27 February 2008. Questions

[Deputy Joanna Tuffy.] approximately \250, but for people on low incomes and pensions the entire cost is covered by Galway City Council.

An Leas-Cheann Comhairle: The time for the Deputy’s supplementary question is well gone.

Deputy Joanna Tuffy: When the Minister was in Opposition he said he was in favour of a national waiver scheme.

Deputy Ciara´n Lynch: That is correct.

Deputy Joanna Tuffy: Former Deputy Dan Boyle also called for one. What is the Minister going to do about this now? It is greatly unfair that charges are so high in some counties and so low in others, while some counties have waivers and others do not.

Deputy John Gormley: The Deputy has highlighted inconsistencies among local authorities. I am aware of inconsistencies across the board, in planning, waste management and a range of other areas. We are introducing efficiency criteria and considering how to obtain greater efficiencies and consistency in all areas. The most recent legal advice suggests that in an area serviced by the private sector the local authority may not provide a waiver or subsidy in respect of services it does not directly provide. However, the local authority does have discretion either to re-enter the collection service as a direct provider or to procure competitively a service provider to collect waste on its behalf. There is an example in Limerick city of how this power has been used to arrange for collection of household waste from certain customers judged unable to meet the cost of a commercially provided service. The difficulty is that, as the Deputy may know, there is to be a major court case in Dublin which will affect the future of these services. I have met with officials from SIPTU in this regard. Dublin is a cauldron of operators in that each week new private operators seem to appear. This needs to be sorted out and it will be shortly in the context of the court case. I also made reference to the OECD report which will be issued shortly. This will also inform our decision on how to proceed.

Deputy Joanna Tuffy: The reports mentioned by the Minister are a separate issue. There are local authorities, such as Limerick City Council, that provide a waiver scheme even though the service is totally privatised. The Minister should make sure this is copied everywhere. When the Minister was in Opposition he demanded a waiver scheme operated through the social welfare system which would involve a special waste allowance. He can achieve this now. There are people on pensions of \200 — which is their sole income — who must pay a waste charge equivalent to three weeks worth of pension payments. These are elderly people who cannot afford to buy a coat or pay for fuel. This is not something that can be put on the long finger with things that are not related to it. A review in Dublin has nothing to do with the fact that some people in Galway must pay hundreds of euro per year in waste charges they cannot afford.

Deputy John Gormley: Waste charges and waivers are recurring issues that have been raised in the context of social partnership. My Department has engaged with the Department of Social and Family Affairs to explore all of the issues involved. These discussions, unfortunately, did not identify a role for the social welfare system in providing income support for waste charges. However, there were further discussions with the County and City Managers’ Association and I have asked the relevant local authorities to engage with commercial waste collectors with a view to agreeing on a schedule of payments — that is, a phased pay-as-you-go system — which 574 Priority 27 February 2008. Questions would be preferable to a periodic lump sum payment. This will make use of a waste collection service for residual waste and will make it a more manageable option for households. That is where the discussions are going at the moment.

Planning Regulations. 15. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment if he has instructed local authorities on the way to spend the revenue raised from Part V building levies; and if he will make a statement on the matter. [8274/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): The vast bulk of the delivery to date under Part V of the Planning and Development Acts 2000-2006 has been in the form of completed homes, land and individual sites. Financial settlements account for only a small share of the delivery and any such moneys received by a planning authority must be used as capital for its functions under Part V or for its functions with regard to the provision of housing under the Housing Acts. My Department has issued comprehensive guidelines to local authorities on the operation of Part V, including advice on the use of Part V funds. Generally, I favour prioritisation of the funds for the provision of additional social and affordable housing units. Since January 2007, local authorities no longer require the prior sanction of my Department for the expenditure of Part V moneys in certain cases. This delegated sanction set out a number of purposes for which the funds could be utilised, including the purchase of completed turnkey units, acquisition of sites, supplementation of an authority’s housing land bank, procuring of additional accommodation units for the rental accommodation scheme and improvements in the general affordability of Part V units. While I do not propose to remove the discretion available to authorities in the use of such funds, I am determined to ensure that the funds are put to productive use as soon as possible after they have been received. In that regard, my Department has recently advised local authorities that where they have unused Part V funds, these will be taken into account when allocations to authorities for the main social housing programmes are being finalised following a round of meetings with housing authorities which are currently under way. Thereafter, I will continue to keep the issue under review.

Deputy Phil Hogan: The Minister indicated previously that there were between \70 million and \80 million of unspent Part V moneys among local authorities. I am glad the Minister has issued guidelines to local authorities on how to spend this money. The Minister has partly answered my question, but I ask him to clarify one point. The Minister intends to subtract Part V moneys brought in by local authorities from their capital allocations. The net outcome is that they will not be better off but there will be a line ball situation in terms of their Estimates for 2009 and beyond. Is that what the Minister is saying?

Deputy Batt O’Keeffe: At present, local authorities have \78 million in Part V funds, plus \11.4 million in withering levies, which allow an additional five years on planning applications. This is a once-off payment. Thus, the total is about \90 million, of which about \11.2 million had been spent up to the end of 2006. My understanding is that a fair amount of money was spent in 2007. Unfortunately I do not have the final figures for 2007 but I will make the Deputy aware of these. The Deputy is quite right in his interpretation. Local authorities must either use the funds or have them assimilated into the social housing allocation. While I do not want to lay down a 575 Priority 27 February 2008. Questions

[Deputy Batt O’Keeffe.] hard and fast rule, if local authorities have unspent money arising from Part V, they must make plans to spend the money for social and affordable housing and present plans to the Depart- ment. If the Department is satisfied, the local authority will receive its normal allocation as per the estimates. I am giving a timely warning that unless local authorities use the money it will be assimilated into the overall package.

Private Rented Accommodation. 16. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government the housing standards that apply to accommodation in the private rented sector and the local authority rented sector; the body that sets the standards; the body that enforces them; the applicable legislation; when it was introduced; and if he will make a statement on the matter. [8051/08]

Deputy Batt O’Keeffe: Standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 1993, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. The regulations specify requirements for matters such as structural repair, absence of damp and rot, sanitary facilities, heating, ventilation, natural light and safety of electrical and gas supply. All landlords have a legal obligation to ensure that their rented properties comply with these regulations. Failure to do so is an offence subject, on summary conviction, to a fine not exceeding \3,000 or a term of six months in prison, or both, and \250 for each day of a continuing offence. Responsibility for enforcing the regulations rests with the relevant local authority, supported by a dedicated stream of funding allocated by my Department. The regulations are currently being reviewed with a view to updating them as part of an action programme to promote improvement in standards of rental accommodation. I expect to be in a position to publish a draft of the revised regulations for consultation at the end of March 2008.

Deputy Ciara´n Lynch: I thank the Minister of State for his response, which acknowledges that this was last reviewed in 1992. Is he aware that in 2004, 15 county councils and one city council recorded that zero inspections were carried out despite his reference to dedicated funding? Surely information is being returned to his Department that no inspections are being carried out by local authorities on this matter. What is the indication of the standards set in the area? The legislation and the enforcement are two separate matters. We can legislate until the cows come home but we need enforcement. There is no enforcement at local level. The only enforcement is when a tenant in private or public rented dwellings makes a complaint. We do not have a driven service, we have a crisis- driven service, where those in bad accommodation approach local authorities to get something done. This is not acceptable for the maintenance of standards in the private or the public rental sector. Will we see a change in this operation in the legislation that the Minister of State suggests he will bring before the House?

Deputy Batt O’Keeffe: Obviously the situation was less than great——

Deputy Ciara´n Lynch: It was far from great.

Deputy Batt O’Keeffe: ——until the Private Residential Tenancies Board, PRTB, was set up. In 2006 the number of inspections increased by 44%—— 576 Priority 27 February 2008. Questions

Deputy Ciara´n Lynch: It was at a very low baseline.

Deputy Batt O’Keeffe: ——and stood at 2,000. Last year it improved to 9,825 and, while the final figures are not available for 2008, I expect at least an increase of 33% — I can say that with confidence. Local authorities were not acting as they might in this sector. As part of Towards 2016, it was agreed to upgrade the standards in private rented accommodation. Since the PRTB was set up, \7 million has been provided to carry out inspections and recompense local authorities with regard to maintaining standards in private rented accommodation. This year \3 million was granted, with \1.5 million spent on inspections of existing premises. I made a further \1.5 available provided the local authorities met targets in respect of inspections. I have every reason to believe the number of inspections carried out is increasing substantially. It increased by 44% last year and will increase by at least 33% this year.

Deputy Ciara´n Lynch: The Minister of State refers to a 33% increase. In some local authorities, if one inspection was carried out it would represent an increase of 100%. There is dedicated funding and the buck stops at the desk of the Minister of State. Rather than observing these figures he should be phoning county and city managers and inquiring what is happening when funding is provided but is not spent. Those responsible for enforcement are in some cases land holders. Local authorities are inspecting themselves. Will the Minister of State establish an independent body in this regard? Will health and safety matters be considered rather than an inspection of sinks and toilet bowls? The implementation of standards shows a serious shortfall in the quality of standards and strongly indicates that inspections are not being carried out. That is the core of what the Minister of State will bring before the House. It is not just a matter of legislation, there is a mountain of legislation but we need enforcement.

Deputy Batt O’Keeffe: I am not sure Deputy Lynch was listening to me. I am giving the local authorities \1.5 million to ensure they carry out inspections.

Deputy Ciara´n Lynch: The Department has given a fortune but local authorities are not carrying out inspections. There has been no activity.

Deputy Batt O’Keeffe: There has been a significant increase in the number of inspections. Some 80% of the inspections have found that houses are up to regulation standard. I will introduce new standards at the end of March. I will publish the standards so that people can make submissions on that and other ideas and suggestions they may have. Some 700,000 new units have been built in the past ten years so much of the private rented accommodation coming on the market is of top quality. That is not to say that some developments are not up to standard. Local authorities should be sensible and strategic and should target older developments that are not up to standard. Transferring 32,000 people from the community welfare rent allowance scheme on to the rental accommodation scheme means that local authorities examine each property that comes within the system.

Deputy Ciara´n Lynch: The Minister of State is aware that it is not possible to make the transfer from the rental allowance scheme to the rental accommodation scheme because the standards are not up to scratch.

Deputy Batt O’Keeffe: Where the standard is up to scratch there is no problem. Where a property is not up to scratch, it must be reported to the PRTB, which will make sure that the landlord is registered and that the accommodation is brought up to standard. The fines are clearly set out, up to \3,000 or six months in prison, and \250 per day after that. 577 Priority Questions 27 February 2008. (Resumed)

Visit of Northern Ireland Assembly Commission Delegation. An Leas-Cheann Comhairle: On behalf of all Members of Daíl E´ ireann and on my behalf, I welcome to the Chamber and offer a sincere ceád mı´le faílte, a hundred thousand welcomes, to the members of the Northern Ireland Assembly Commission. I hope you find your visit useful. The Houses of the Oireachtas Commission has one term under its belt and I hope, together, you will find useful progress for both Houses. You are very welcome.

Ceisteanna — Questions (Resumed).

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Priority Questions (Resumed).

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Water and Sewerage Schemes. 17. Deputy Phil Hogan asked the Minister for the Environment, Heritage and Local Govern- ment the length of time required to put in place the infrastructure for the water services programme; and if he will make a statement on the matter. [8275/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Water services investments have been undertaken for a number of years on the basis of three year rolling capital programmes of schemes. The schemes included respond to environmental and social-economic developmental needs and priorities identified by local authorities having regard to overall criteria set at national level and overall national resources. The length of time it takes from first proposal of any water or sewerage scheme to completion of construction largely depends on the nature and complexity of the scheme and the statutory processes involved. When a water or sewerage scheme is first proposed by a local authority in its assessment of needs it may take some time to be approved for inclusion in my Department’s water services investment programme, depending critically on the priority afforded to it by the elected members of the local authority and the funding available for the programme. In 3 o’clock the case of a scheme included in the water services investment programme, my Department’s involvement at individual stages can vary from two to four occasions depending on the value of the scheme. The Department approves the local authority’s design brief and preliminary report for all schemes and in some instances it also approves the contract documents. In the case of public private partnership contracts, it additionally approves the local authority’s tender recommendation. The Department’s objective is to deal with preliminary reports within six months of receipt, contract documents within four months and tender recommendations within two months. Design briefs are generally cleared within a few weeks. Local authorities have responsibility for all other aspects of a scheme, including appointment of consultants, statutory planning and other processes including public consultation and approval of elected members, site investigations, acquisition of lands and wayleaves, preparation of tender documents, tendering process, appointment of contractors and carrying out of works. The time taken to advance a scheme will depend largely on how quickly these processes are completed. The Department keeps the approval procedures for water services schemes under ongoing review and is committed to devolving as much responsibility as possible to local authorities, consistent with the 578 Priority Questions 27 February 2008. (Resumed) requirements of the Department of Finance’s capital appraisal guidelines and my Department’s obligations relating to management and oversight of Exchequer expenditure.

Deputy Phil Hogan: The experience on the ground is far different from what the Minister stated in his reply. It takes approximately four and a half years for a scheme of \2 million to \3 million in value to be expedited through the system. That is the reality. The Minister mentioned deadlines of six months for preliminary reports and four months for contractors’ documents to be submitted. I doubt that any local authority has met those targets. They should be evaluated for their performance. Officials of the local authorities would be indicted in their performance related pay on that issue alone if it was an accountable feature of their work. No local authority should be involved in polluting streams and rivers. The Minister regularly speaks about proper planning and development. All developments should incorporate the most basic facilities of water and sewerage services that are part of the council’s plans, but these are deliberately slowed down by the Department. The Minister is shaking his head but this is happening. In an effort to balance the books, the schemes are slowed down. The Minister puts everything into a plan or programme but they do not always emerge at the other end with the capital funding required. Will the Minister agree that the reality is far different from the six month and four month targets he mentioned? In my experience the total amount of time required for a scheme valued at \2 million to \3 million is four and a half years and that is without difficulties with legal title for sites for sourcing water supply or sewerage treatment plants.

Deputy John Gormley: I reject out of hand the allegation that my Department is deliberately slowing down schemes.

Deputy James Bannon: It definitely is. Any director of services in a local authority will confirm it.

Deputy Dan Neville: The Minister said that last year.

Deputy John Gormley: The Department is only involved in a maximum of four stage approvals for a scheme and it is committed to discharging its obligations on those stages within a given timetable. The Deputy referred to schemes costing \3 million to \4 million. With schemes that cost less than \5 million, which account for almost 60% of schemes, my Depart- ment’s approval is only required for briefs for appointment of consultants, which are usually cleared in a few weeks, and preliminary reports, where the approval target is six months.

Deputy Dan Neville: The Minister bundles them to make sure they will not happen.

Deputy John Gormley: Those are the facts. Look at the record. In 2007, there were 77 major schemes. We are increasing the number and in January 2008 the figure was up to 124 schemes. There is a plan to have 175 major schemes in progress by the end of this year, compared to just 59 in January 2006. That represents considerable progress. One of my responsibilities as Minister is officially to open sewage treatment plants in various places, so I have seen the tremendous progress. Deputy Bannon was present recently when I opened one such plant and he looked pleased on the day. I see he still has a smile on his face. That is the type of progress we wish to maintain. For that reason my Department is committed to ramping up the programme.

579 Priority Questions 27 February 2008. (Resumed)

Deputy Phil Hogan: The Minister should have another look at the Department’s file. The Department’s officials get around this by bundling the schemes

Deputy John Gormley: Bundling is used to speed up the schemes.

Deputy Dan Neville: No, it is there to slow them down.

An Leas-Cheann Comhairle: Allow Deputy Hogan to ask his question.

Deputy Phil Hogan: I will offer an example. In County Kilkenny, the schemes for Freshford, Johnstown and Goresbridge are bundled together. They cost \5.1 million and it has taken four and half years to get them through the system. That is not the council’s fault but the Depart- ment’s. A number of plans and capital programmes were reviewed after the election and have been delayed by two or three years. They were supposed to be started in 2008 or 2009 but now will not start until 2011. How will the Minister explain that? His brief states differently but that is what is happening on the ground. I ask the Minister to review how the systems operate and the bundling mechanisms, which are in place to slow schemes down rather than improve matters.

Deputy John Gormley: I have been in contact with local authorities and often the bundling takes place at the request of the local authority, not the Department.

Deputy Dan Neville: They want to slow them down too.

Deputy John Gormley: They want to slow them down.

Deputy Dan Neville: Some of the managers do.

Deputy John Gormley: So is the Deputy saying the local authority and my Department are to blame?

An Leas-Cheann Comhairle: The is the final priority question. I ask the Minister not to be drawn into replying to Members who have not submitted a priority question.

Deputy John Gormley: I am trying to engage with the Opposition.

An Leas-Cheann Comhairle: I would prefer if the Minister did not.

Deputy Dan Neville: He is from Limerick.

Deputy John Gormley: Since the beginning of the National Development Plan 2000-2006, more than 400 major water and sewerage schemes have been completed under the Depart- ment’s water services investment programme at a cost of \3.5 billion. The facts speak for themselves. I have visited many of these schemes, including a recent visit to a scheme in Galway where there was a cryptosporidium outbreak last year. As a result of our investment in the new Terryland plant, where a further \3.6 million has been invested, it will be possible to process a further 20,000 cu. m. of water. Not only will the water be of good quality, it will probably be the best quality drinking water in the country. That is progress.

Deputy Phil Hogan: The Minister should ask the Department how long it took the process to be completed in that case. 580 Other 27 February 2008. Questions

Other Questions.

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Proposed Legislation. 18. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if the Government is planning changes to the law governing financial donations to politicians of political parties; and if he will make a statement on the matter. [7734/08]

Deputy John Gormley: The programme for Government contains a commitment to establish an independent electoral commission which will take responsibility for a range of electoral matters including the functions currently exercised by the Standards in Public Office Com- mission relating to election spending. The electoral commission will also examine the issue of financing of the political system. In this regard, a procurement process is under way for the carrying out of preliminary research on issues arising in relation to the establishment of the electoral commission. In accordance with the programme for Government, my Department will publishing a Green Paper on local government reform shortly. The Green Paper will examine a number of issues with the objective of making local government more transparent and responsive, and will set out options for reform in advance of a subsequent White Paper. One of the issues which the Green Paper will address is the question of expenditure limits at local elections. There are currently no such limits, although expenditure, as well as donations over a \635 threshold, must be disclosed. I am satisfied that the proposals for the electoral commission, together with the initiatives which will emerge from the Green Paper, provide an appropriate framework to progress our extensive and complex agenda for electoral and local government reform.

Deputy Ciarań Lynch: I have an image of the Green Party inside the Fianna Faíl tent at the Galway Races and I am reminded of the observation of Lyndon Johnson regarding the water flow and its direction. It is apparent that the Green Party has given up on dealing with this issue. I will bring two points to the Minister’s attention and then ask a supplementary question. Mr. Justice Matthew P. Smith, chairperson of the Standards in Public Office Commission, in his report last summer said: “There is a strong case to be made for a new approach to the general funding of political parties and sound arguments to be made for increased transparency in such funding and for greater scrutiny of political party expenditure.” The Minister, Deputy John Gormley, then in Opposition, said that if the Taoiseach and the Tańaiste were serious about new ethics legislation they would accept the proposals put forward by the Green Party to ban corporate donations, restrict spending — not just at election time but between elections — and to severely restrict personal donations and advertising. My question is——

An Leas-Cheann Comhairle: I am loath to interrupt the Deputy but quotations are not allowed in questions either.

Deputy Ciara´n Lynch: My questions are simple. Has this report been brought to the Govern- ment? Does the Minister accept its recommendations? When will legislation be implemented to put in place these recommendations? Let us not mind the Green Paper, which is happening anyway — this is in the programme for Government. Is there a timeframe for this, given the proximity of the local elections? Considering that there will be local elections next summer, it is ridiculous that there is a cap on general election spending but no cap whatsoever — in fact, the sky is the limit — on local election spending. 581 Other 27 February 2008. Questions

[Deputy Ciara´n Lynch.]

The Minister for Finance, Deputy Brian Cowen, has already rejected pleas by the Standards in Public Office Commission to change the law to strengthen its investigation powers. Is the Government now saying that it is telling the commission to just buzz off on this issue as well?

An Leas-Cheann Comhairle: That is unparliamentary language.

Deputy Ciara´n Lynch: Is the Minister inside the Galway tent on this with Fianna Fa´il or is he going to do something about it?

An Leas-Cheann Comhairle: I will make a general observation before the Minister replies. Under Standing Orders, there is one minute to put a question and one minute for the Minister to respond.

Deputy John Gormley: The Labour Party is much closer to my colleagues in Fianna Fa´il with regard to corporate donations than the Green Party because it sees no problem at all with corporate donations. If the Government was to impose a ban on corporate donations, Labour Party members would be up from their seats, saying they did not want it. The Labour Party accepts donations from builders or anyone else, but my party does not. That is the situation.

Deputy Phil Hogan: Is the Minister sure about that?

Deputy John Gormley: Likewise with my colleagues in Fine Gael. There was an initiative at one stage from the former party leader, Deputy Michael Noonan, to stop the practice of accepting corporate donations——

Deputy Phil Hogan: We did a U-turn on that, just as the Minister did a U-turn yesterday.

Deputy Ciara´n Lynch: The Minister is being disingenuous, considering that the Labour Party introduced the current legislation——

Deputy John Gormley: The fact is that in my reply I said, very clearly, that the Green Paper will examine the question of capping expenditure at election time. I am committed to doing that and believe it is possible to do it between now and the local elections next year. The implication of Deputy Lynch’s question is that the Green Party is somehow turning its back on the Standards in Public Office Commission and its recommendations, but it is doing no such thing. The electoral commission is something this country has required for quite some time. I am committed to putting the electoral commission in place that will examine the entire question of funding. It may even suggest a ban on corporate donations and——

Deputy Ciara´n Lynch: Will it be in place for the next local elections?

Deputy John Gormley: ——at that stage, we will see what the Labour Party has to say.

Deputy Phil Hogan: Will the Minister give an assurance to the House that no member or public representative of the Green Party accepts corporate donations?

An Leas-Cheann Comhairle: The Minister has no responsibility to the House for his party role.

Deputy John Gormley: I have never come across an instance of it. That is the Green Party rule. I am speaking here as Minister for the Environment, Heritage and Local Government 582 Other 27 February 2008. Questions but I am happy to tell the Deputy that we have a rule in the Green Party that we do not accept corporate donations.

Deputy Phil Hogan: That is fair enough.

Deputy John Gormley: That is the rule, clear and simple. As I said, I know that Fine Gael had that rule. If the Deputy has information for me——

Deputy Phil Hogan: No.

Deputy John Gormley: Okay.

Deputy Phil Hogan: I might have, or I might not.

Deputy Joanna Tuffy: It is a bit rich to have to listen to a Minister who wanted to increase the amount of donations one could make to a political party so he could give more of his salary to his own party, which would then be spent on himself and his own election campaigns, berating other parties. The Labour Party introduced the limits on expenditure on elections and introduced the legislation dealing with accountability and transparency in relation to donations. It is a bit disingenuous to say what the Minister has just said.

Deputy John Gormley: I am more than happy to be generous to the Labour Party. In fact, former Deputy Eithne Fitzgerald introduced some very good legislation in the area. Fair play to her and I recognise that.

An Leas-Cheann Comhairle: It also introduced a very good Electoral Act in 1997.

Deputy Phil Hogan: That was proposed by the Leas-Cheann Comhairle.

Deputy John Gormley: I think the Leas-Cheann Comhairle, as Minister, had something to do with that and I compliment him on it. Let us work together. I have always said that as Minister I am more than happy to listen to any suggestions coming from the Opposition benches and if they are positive ones, I will act on them.

Deputy James Bannon: We are always positive on this side of the House.

Deputy Phil Hogan: The Minister did us a favour yesterday. He listened carefully to us.

Deputy John Gormley: I did indeed.

Planning Issues. 19. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government the steps he will take to remedy the situation where many housing developments are not being completed by developers up to the standard demanded by local authorities which result in local authorities not taking them in charge for a considerable length of time; and if he will make a statement on the matter. [8164/08]

Deputy John Gormley: The non-completion of any development in line with the planning permission for that development is unauthorised development, which is an offence under the Planning and Development Acts 2000 to 2006. As indicated in the reply to Question No. 227 of 7 February 2008, enforcement of planning control is a matter for the planning authorities, which have substantial enforcement powers and duties under the Planning Acts. 583 Other 27 February 2008. Questions

[Deputy John Gormley.]

The Planning Act 2000 also contains other relevant provisions related to the completion of housing estates, including provision for planning conditions requiring the giving of adequate security for the satisfactory completion of a development and conditions for the phasing of developments. I am satisfied that planning authorities have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission. In addition to this comprehensive legislative framework and in keeping with the programme for Government commitment, my Department yesterday issued updated policy guidance to planning authorities on the taking in charge of estates in the form of circular letter PD 1/08. Each planning authority is now being asked to develop or update, as appropriate, its policy on taking in charge by the end of June 2008 on the basis of the framework and wider housing and planning guidance, as set out in the annex to the circular. The new guidance is primarily focused on proactively addressing the issue of taking in charge at the pre-planning stage. The main principles now set out in the overall framework for taking in charge are as follows. A statement of the facilities that will be taken in charge and the maintenance services that will be provided must be set out and the issue of taking in charge must be addressed at the pre-planning stage with the approved design facilitating the taking in charge of core facilities. Developers will be required, through the development management process, to complete residential developments to a standard that is in compliance with the planning permission granted.

Additional information not given on the floor of the House. Planning authorities must take all necessary measures in this regard in particular through securing adequate bonds, inspection of construction and the taking of enforcement action when necessary. The procedures for taking in charge will begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate. Protocols, including timeframes, must be set out by planning authorities to respond to requests for taking in charge. In general, planning authorities must not attach the establishment of management companies as a condition of planning in respect of traditional housing estates. In relation to older estates, priority must continue to be given to resolving those estates that have been left unfinished or not taken in charge for the longest period. I am satisfied that this new approach, coupled with the extensive powers already available to planning authorities to deal with non-compliant developers, will appropriately address the issue of unfinished estates.

Deputy Terence Flanagan: I thank the Minister for his response. There is a major issue surrounding the taking in charge of housing estates and developer’s bonds, which are too low in some instances, with developers walking away from new housing estates and not finishing them properly. There are, for example, many unfinished roads and substandard houses throughout the country. While local authorities carry out some checks, there are not enough people in most planning enforcement sections, which are under-resourced and under-staffed, to adequately cover this area. I welcome the Minister’s circular letter issued to the various local authorities but it is not sufficient. We must make it compulsory for new developments to be regularly checked by local authorities. Will the Minister consider issuing a new circular to the effect that it is compulsory for new developments to be regularly inspected by planning authorities? I also ask him to 584 Other 27 February 2008. Questions standardise the taking in charge document and ensure there is strict enforcement, adherence to timetables and a reduction from seven to four years for the taking in charge of estates because the current system is not working.

Deputy John Gormley: The main elements of the policy guidance contained in my circular letter will be incorporated into the new sustainable residential development guidelines, which are currently available for public consultation. They will be issued under section 28 of the Planning and Development Act 2000 later this year, which will give them more teeth. The planning authorities are obliged to have regard to such guidelines in the exercise of their functions under the Planning Acts, which is important. The implementation of the new policy in this area will, as the Deputy pointed out, require the commitment of additional resources by planning authorities, particularly in terms of pre- application consultation and inspection of construction. I am aware that it will require extra resources and, therefore, my Department has completed a review of planning application fees, which were last increased in 1998. I am currently considering the review recommendations with a view to determining whether the increases are warranted and the level of any such increases.

Deputy Ciara´n Lynch: As has been the case in terms of the Adamstown project, we have all been approached by residents whose estates have not been taken in charge for eight or nine years. The builders may not be in business anymore. In the Adamstown case, specific quantities of housing needed to be completed and brought up to standard before the next development phase could occur. I urge the Minister’s Department to consider the issue in this context so that the situation of a series of housing estates being incomplete and necessitating taking in charge can be avoided. I urge the Department to take on board the suggestion that the development should be dealt with incrementally as it is being rolled out.

Deputy Terence Flanagan: I welcome the circular, but the issue is the compulsory enforcement by local authorities. Given that 61,127 units have not been taken in charge, a sizable portion of housing estates, the process is not working. Home owners do not know their rights, including that local authorities must take their estates in charge if a majority of owners agree. It must be communicated to the people.

Deputy John Gormley: Deputies have raised important points. Deputy Ciara´n Lynch’s point on Adamstown is particularly good. This year, a new local government service indicator will be introduced to provide benchmark data in 2009 for monitoring the taking in charge process. Priority will be accorded by individual authorities to the taking in charge of unfinished or legacy estates. While my circular will address the situation from now on, our legacy problem dates back many years and must be dealt with. Housing estates springing up all over the country is a Celtic tiger phenomenon. What has occurred in terms of planning and letting down so many individual house owners is disgraceful.

Social and Affordable Housing. 20. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if he has assessed the extent of vacant housing property in the Irish market; and its implications for public policy. [2120/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I am aware of information regarding vacant dwellings published by 585 Other 27 February 2008. Questions

[Deputy Batt O’Keeffe.] the Central Statistics Office as part of the 2006 census results, which was derived from analysis of cases where census forms were not received from dwellings by enumerators. The total number of dwellings reported vacant by the CSO on this basis on census night, 23 April 2006, was 266,000. This represented approximately 15% of the overall housing stock, slightly lower than the EU average according to data published by the International Monetary Fund and well below the reported vacancy rate in some individual member states. An estimated 50,000 of the dwellings reported vacant in the 2006 census were reported by CSO to be holiday homes. The remaining 216,000 represent approximately 12% of the total housing stock. Dwellings can be vacant at any given time for a variety of reasons and a significant level of vacancy can be expected in a dynamic society experiencing significant mobility and demographic change. An important element of the Government’s housing policy is to promote the availability of an adequate supply of housing to meet demand and to provide support to those who cannot meet their accommodation needs without assistance, as outlined in the Government’s housing policy statement, Delivering Homes, Sustaining Communities. My Department will continue to keep developments in the housing market, including trends in housing supply, under review in consultation with other relevant agencies.

Deputy Richard Bruton: The Minister of State’s reply is complacent given the evident background. Excluding holiday homes, the CSO figures show 46,000 houses vacant in Dublin city, 25,000 in Cork city, 9,000 in Limerick city and 16,000 in Galway city. The Minister of State would know better than anyone that the Government’s social and affordable housing programme has collapsed. According to Government data, the programme has delivered less than half of the amount set out in the national development plan. Does the Minister of State see a serious contradiction in the rental accommodation scheme, the Government’s latest initiative, in Dublin city being massively oversubscribed when 46,000 units are vacant? We cannot offer local authority tenancies to a housing list that is running into the thousands. Some 9,000 people are on the affordable housing list. For the 3,000 whose incomes justify their applications, only 300 houses are coming on stream. Is this not a serious mismatch in public policy, namely, tolerating a housing crisis despite so many vacant properties? Surely, the Department has the capacity to link them.

Deputy Batt O’Keeffe: I wish to address the vacant houses figure, which the CSO puts at 50,000. There is an acceptance that tax issues relate to many holiday homes and that there is a significant further number of holiday homes.

Deputy Richard Bruton: Not in Dublin, Cork, Galway or Limerick.

Deputy Batt O’Keeffe: The Deputy will understand the dual abode situation obtaining in Dublin. A significant number of people own second homes, particularly in Dublin, where they conduct business.

Deputy Richard Bruton: They are accounted for separately by the CSO.

Deputy Batt O’Keeffe: They have bases of work in Dublin and homes elsewhere. Given market trends, there is an overhang of approximately 30,000 vacant units in the country, of which 5,500 are in the Dublin area. It is important to remember that certain developers have generated significant buyer interest by reducing prices. The House will recall a 28% increase in house prices in the 18-month period between 2005 and 2006. The current situation shows 586 Other 27 February 2008. Questions that, when realistic prices are offered, people are willing to buy and weakened sales have improved dramatically as a result.

Deputy Richard Bruton: I was not asking about the overhang in the housing market, which is another’s day work that developers are well able to look after. Thousands of people on housing lists in Dublin are awaiting the rental accommodation scheme, the social and affordable scheme and so on despite the existence of the 46,000 houses in question owned by developers, individuals or whoever. Surely, there is an opportunity to consider creatively how to match them up. People in Dublin city cannot avail of the rental accommodation scheme, which was an interesting initiative.

Deputy Batt O’Keeffe: The question put by the Deputy concerned the overhang of houses, but he is discussing a separate issue.

Deputy Richard Bruton: On a point of order, I will read my question. It states: “if he has assessed the extent of vacant housing property in the Irish market; and its implications for public policy.” I did not mention overhanging.

Deputy Batt O’Keeffe: The Deputy is discussing RAS. As part of our development plan in the 2008 to 2010 period, we will transfer an additional 1,000 new units from the private sector. There is ample evidence that many developers are making private accommodation available to RAS if there is an overhang in the market. We will continue with our policy. This year, we will spend \2.5 billion in the affordable and social housing sector.

Deputy Richard Bruton: That is less than half the target set out in the national development plan.

Deputy Batt O’Keeffe: We will spend \18 billion in the period of the national development plan, which is unprecedented.

Deputy Richard Bruton: Has the Minister of State read the targets?

Deputy Batt O’Keeffe: Of course.

Deputy Richard Bruton: The rate should be double that now being sought.

Deputy Batt O’Keeffe: We achieved 2007’s social housing target.

Deputy Richard Bruton: The Government has not.

Deputy Batt O’Keeffe: We have.

Environmental Policy. 21. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the breakdown of the number of European Commission first written warnings, final warnings, referrals to the European Court of Justice, Court of Reasoned Opinions, court judgments and decisions to fine that are currently operational against Ireland in respect of breaches of environmental law; the breaches in respect of same; and if he will make a statement on the matter. [8035/08]

587 Other 27 February 2008. Questions

Deputy John Gormley: In areas for which my Department has responsibility, the European Commission is currently in correspondence in respect of 28 cases relating to possible infringe- ments of EU environmental legislation. The cases are at various stages of proceedings. Under Article 226 of the EU treaty, seven cases are at letter of formal notice stage, the initial stages of the formal proceedings. These are generally about transposition of directives on waste, environmental impact assessment, contained use of genetically modified organisms, GMOs, and the water framework directive. Six cases are at reasoned opinion stage under Article 226. These are about transposition of air quality and environmental liability directives, waste and urban waste water. The Commission has decided to refer three cases about waste, environmental impact assessment and habitats to the European Court of Justice and the Commission applications to the court on these are awaited. Three cases about environmental impact assessment, urban waste water treatment and public participation in plans and programmes relating to the environment are before the court awaiting hearing. Judgment is awaited in one case about environmental impact assessment heard on 14 February 2008. In eight cases about waste, water and habitats issues my Department is working to meet the requirements of judgments of the court. Of these, five have moved to the next stage in proceedings of which one, on waste, has been the subject of a letter of formal notice under Article 228 of the treaty and four, on water, habitats and wild birds, are the subject of reasoned opinions under Article 228 of the treaty. I propose to circulate with the Official Report a tabular statement listing the directives involved and setting out the various stages of proceedings in respect of these cases. There is no case awaiting a fines decision against Ireland, and fines have never been imposed on Ireland in relation to an environmental infringement.

588 Other 27 February 2008. Questions awaiting hearing or Implemented judgement 1000000 2110010 0000001 0000101 0000100 0000001 1012000 0101000 0010101 1000000 0100000 0001000 1000000 0100000 0100000 0100000 1000000 7634314 Notice Opinion Court of Justice of Justice for a Decision to be Notice Opinion Article 226 Article 226 Being Referred Before the European Court Article 228 Article 228 Letter of Formal Reasoned to the European European Court of Justice Letter of Formal Reasoned human consumption certain public and privateenvironment projects on the modified micro-organisms and programmes relating to the environment to the prevention andenvironmental remedying damage of Nickel and Polycyclic AromaticAmbient Hydrocarbons Air in reporting requirements Directive/Decision Number and General Reference Stage in Proceedings 75/439/EEC on the disposal of75/442/EEC waste the oils waste directive 76/464/EEC on dangerous substances in79/409/EEC water on wild birds 80/68/EEC on groundwater 80/778/EEC on the quality of drinking water for 85/337/EEC on the assessment of the effects of 91/271/EEC on urban waste water92/43/EEC treatment on habitats 98/81/EC on the contained use of genetically 99/31/ec on landfill 2003/35/EC on public participation in certain plans 2000/60/EC the water framework directive 2004/35/EC on environmental liability with regard 2004/107/EC on Arsenic, Cadmium, Mercury, 2005/33/EC on the sulphur contentDecisions of No marine 280/2004/EC fuels & 2005/166/EC – TOTAL NUMBER AT EACH STAGE

589 Other 27 February 2008. Questions

Deputy Joanna Tuffy: The tabular statement will be helpful because it is difficult to get a break down of cases, even if one goes to the European Commission. According to the European Commission’s latest survey, carried out in 2006 on the 2005 position, Ireland was the third worst offender with regard to open infringement procedures relating to environmental law. Ireland was the fourth worst offender in cases that had already been ruled on by the European Court of Justice under European law. We have a very bad record and I have put many parliamentary questions to find out the latest on particular cases. Today there is a parliamentary question relating to the Environmental Liability Act. It does not seem as though things have progressed much since the Minister came to office, though this is an issue he felt was important when he was in Opposition. Deputy Ciara´n Cuffe said the judgment on the public participation directive was another black mark against Ireland relating to environmental law. Dr. Mary Kelly of the Environmental Protection Agency said the EU has driven environmental law in Ireland. This issue revolves around people’s right to a good environment, clean water and the things they should be able to take for granted. What will the Minister do to make a difference and make progress that will allow Ireland become a leader in Europe in terms of compliance with environmental law?

Deputy John Gormley: The Deputy is correct that the European Union has made a tremendous difference and I am on record as saying that without it our environment would be in a far worse state. This is one reason the Lisbon treaty is so important, especially with regard to combatting climate change, though there are also other initiatives. I have made this subject a priority and when I became Minister I sought to examine all of the infringement proceedings. On looking at the large pile I inherited on my desk I made a point of visiting Commissioner Dimas. I have spoken to him and his officials on a number of occasions and I have made it clear that I am completely committed to dealing with these complex and difficult issues. The issues are difficult because we require extra resources. I succeeded in getting extra resources for the Environmental Protection Agency, which received a budget increase of 43%, and the National Parks and Wildlife Service, NPWS, which received a budget increase of 37%.

Deputy Phil Hogan: The Minister should take charge of those organisations, keep an eye on them and observe their reports.

Deputy John Gormley: They are doing well in keeping an eye on the environment. I observe all of their reports and compliment their staff on doing difficult work well. The EPA and NPWS required the resources because of the key issues of enforcement of and compliance with environmental law. Ireland’s full compliance will probably require further resources and I do not for a moment underestimate the extent of this difficult challenge.

Waste Management. 22. Deputy Kieran O’Donnell asked the Minister for the Environment, Heritage and Local Government his objectives for mechanical biological waste treatment as part of a national waste strategy; and if he will make a statement on the matter. [8193/08]

Deputy John Gormley: The EU landfill directive sets challenging targets for the diversion of biodegradable waste. It requires the attainment of specific diversion rates projected to equate to 59% for 2010, 73% by 2013 and 80% by 2016 for this waste stream. The recent National Waste Report for 2006, published in January 2008, by the EPA presents the scale of the chal-

590 Other 27 February 2008. Questions lenge in sharp focus. While the recovery rate for this waste stream increased to 38% from 35% in 2005, the quantity of this waste going to landfill rose by 15%. A national strategy on biodegradable waste was published in 2006 and sets out a range of measures aimed at progressing the diversion of biodegradable waste from landfill. The programme for Government is clearly committed to the effective implementation of the strategy. I have already placed on the record my position that over reliance on incineration is not the answer. In line with the commitment given in the programme, a major review of waste policy will be commencing shortly. The review will examine the potential role of mechanical and biological treatment and other technologies. In addition, my Department will be driving the roll-out by local authorities of segregated brown bin collections for biodegradable material. This will make a significant contribution to the diversion of household waste from landfill, as we have already seen in places like Waterford. It is clear from the National Waste Report that landfill has become more attractive as landfill gate fees have fallen and I recently announced my intention to increase the landfill levy to encourage recycling. I will shortly be making an order and amended regulations to give effect to that increase.

Deputy Phil Hogan: In the interest of hearing answers to more questions and because we have covered these matters in an earlier question I will not ask a supplementary question.

Planning Issues. 23. Deputy Michael Noonan asked the Minister for the Environment, Heritage and Local Government when the planning guidelines published in February 2008 will take effect; and if he will make a statement on the matter. [8191/08]

Deputy John Gormley: I published for public consultation the draft guidelines for planning authorities on sustainable residential development in urban areas on 10 February, together with an accompanying best practice urban design manual, which illustrates how these guidelines can be implemented. The 12 week public consultation period finishes on 6 May 2008 and I encourage all interested parties to submit their views within the consultation period. The objectives of these new guidelines are as follows: to set out stronger planning requirements to facilitate the development of sustainable communities through strengthening planning and the provision of necessary supporting services and amenities; to help achieve the most efficient use of urban land through housing densities that are appropriate to the location involved and availability of supporting services and infrastructure, particularly transport; and to set high standards in terms of space and facilities to meet the needs of the Irish context. The timescale for finalisation of the guidelines following the public consultation will be dependent on the volume and nature of the comments and submissions received. However, pending finalisation of the guidelines, planning authorities are asked to have regard to the recommended design standards for new residential developments in the draft guidelines when preparing or varying development plans and local area plans.

Deputy James Bannon: I welcome the guidelines. The Minister has spoken at length about his proposals regarding the capping of developments in villages but perhaps he could elaborate on this. The Green Party proposes to introduce local capital gains tax on zoned lands but will this be another stealth tax? What are the Minister’s proposals on lands that have been zoned in villages to date? Will a levy or tax be placed on them?

591 Other 27 February 2008. Questions

[Deputy James Bannon.]

As Deputy Hogan said, there is a need for proper infrastructure in our villages. In my county, Longford, sewerage schemes have been bundled together in Ardagh, Aughnacliffe and Ballinalee. Very little progress has been made on these schemes in the past decade because if one area failed to cross a “t” and another failed to dot an “i”, all schemes would be held up. It was not a great system that was operated by the Department. In every area where a community was involved, perhaps there were more progressive people in one particular area or another who wanted to get the development off the ground. On another issue relating to planning, I would like to see greater uniformity——

An Leas-Cheann Comhairle: I am sure you would, Deputy. I call the Minister.

Deputy James Bannon: ——throughout the country in regard to one-off houses. I have seen animalies on the outskirts of villages. In County Longford, 14% of applications were refused, while 25,000 were refused in County Westmeath.

An Leas-Cheann Comhairle: As a courtesy, will the Deputy please obey the Chair? Each Deputy has one minute but the Deputy has taken more than two minutes. Two other Deputies have indicated they would like to put a supplementary.

Deputy John Gormley: Will I take the other questions?

An Leas-Cheann Comhairle: Perhaps the Minister would take the questions put in case he loses track of the question.

Deputy John Gormley: I am trying to recall the question Deputy Bannon put to me.

Deputy Ciara´n Lynch: Constituency sprawl.

Deputy John Gormley: I recall a reference to capital gains tax on land. The Government has no such proposal. The Deputy mentioned villages and towns. The draft guidelines state that in villages and towns of between 400 and 5,000 people, which are not designated as growth towns in the county development plan, the number of existing dwellings should not be increased by more than 15%. That makes sense. For example, a town of 5,000 would comprise about 2,000 dwellings. Applying the new guidelines should restrict new residential development to about 300 new dwellings, about 750 people over the lifetime of the plan. I believe that makes sense. We spoke earlier about the legacy of bad planning and all the housing estates which have remained unfinished. I see examples of this as I go around Ireland. There are villages to which, quite inappropriately, a housing estate has been tacked on. Quite often there are no footpaths from the village to the housing estate. The whole idea behind taking in charge and the new guidelines is that this type of practice will cease. We will not get that again. The real losers are the people who live in those communities who do not have the facilities and are inconvenienced in a substantial way.

Deputy Joanna Tuffy: The problem with the guidelines is that they are just guidelines. I know the Minister wanted a formula where he would provide in the planning and development Act that councillors make decisions consistent with the guidelines. That still leaves a significant area open to interpretation by councillors, county managers and so on. Would the Minister consider setting out what he wants to do in the guidelines in the Act, similar to what was done by the previous Government when it set out what was required of strategic development zones, such as Adamstown? It was clearly set out in section 168 of the Planning and Development Act 2000 so that there was no room for manoeuvre. Developments had to be phased and tied

592 Adjournment 27 February 2008. Debate Matters to infrastructure. That worked very successfully. Also the guidelines will not stop people rezon- ing and that is the important thing.

Deputy Phil Hogan: I welcome the sustainable planning guidelines that have been issued for consultation. What the Minister said makes absolute sense in planning terms to avoid the type of willy-nilly development seen in many villages. Will the Minister agree we need to take account of the fact that one size does not fit all in regard to guidelines on these issues and that what might work in a large urban centre will not work in a village? High rise buildings beside a railway station may not be appropriate in a village setting. What does the Minister intend to do to ensure the guidelines are sufficiently robust while at the same time allowing for some latitude to cope with the different circumstances throughout the country?

Deputy John Gormley: I will take Deputy Tuffy’s question first. The new guidelines on sustainable residential development in urban areas will be issued under section 28 of the Plan- ning and Development Act 2000, which states that local authorities must have regard to them in carrying out their function. I am also looking at what further steps might be needed to strengthen the decision-making process by local authorities in the zoning of land so that decisions arrived at are evidence-based and secure the necessary economic environmental and social benefits for local communities. I am planning legislation along those lines. The point raised by Deputy Hogan is one that has been raised with me. People have asked how one can compare Leitrim to Dublin. There are different circumstances and, obviously, that is the case. Therefore, there is a degree of latitude there. Local planners will not confuse the fact that there is a low population in the Leitrim area and the level of density required would not be the same as Dublin. That is self-evident.

Written Answers follow Adjournment Debate.

Adjournment Debate Matters. An Leas-Cheann Comhairle: I wish to advise the House of the following matters in respect of which notice has been given under Standing Order 21 and the name of the Member in each case: (1) Deputy Michael Ring — the up-to-date position with the proposed new building for a national school in County Mayo (details supplied); (2) Deputy Leo Varadkar — the need to grant recognition to Carpenterstown Educate Together and sanction its establishment in September 2008; (3) Deputy James Bannon — to provide an urgent update on her plans for a realistic transport service for cancer patients in rural areas who are not being adequately provided for in terms of travelling to Dublin or other centres of excellence for treatment despite the Minister’s assurance that such provision would be made so that, in effect, these patients are falling between health clinics and the HSE and failing to get funding or compensation for such expenses, not to mention the exhaustion caused by inadequate transport provision; (4) Deputy Joe Costello — the need for the Minister for Health and Children to ensure there is full consultation with the organisations representing the elderly on the proposed “fair deal” legislation; (5) Deputy Joe Carey — the application of Barefield national school, Ennis, County Clare, for a major extension to the school and that the Minister of Education and Science would allow the project move to tender stage; (6) Deputy P. J. Sheehan — the position regarding the proposed new post-primary community school in Skibbereen, County Cork; (7) Deputy Martin Ferris — hospital services in Kerry; (8) Deputies Terence Flanagan — the need to include a school in Raheny, Dublin 5, immediately in her Department’s school building programme; (9) Deputy Seymour Crawford — to discuss the serious implications for County Monaghan now and the rest of the country for the future of the proposal contained in the north east transformation programme of 25 February (details supplied); (10) Deputy Fergus O’Dowd — to ask the

593 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage

[An Leas-Cheann Comhairle.] Minister for Health and Children to intervene in the case of a seven year old boy who resides near Drogheda and who has a very serious heart condition, who has undergone open heart surgery twice, who is on beta blockers and will need to have further medical procedures and possibly a heart transplant some time in the future and who has been refused a medical card on appeal by the HSE (details supplied); (11) Deputy Michael D. Higgins — the need to allocate funding to support the young mothers in education project in County Galway; (12) Deputy Richard Bruton — the need for the Minister for Education and Science to address the delay in the provision of a new school building for Springdale national school, Raheny; (13) Deputy Shane McEntee — the deferral of a case relating to the Kentstown, County Meath, bus crash tragedy in 2005 until 2009 because of the lack of court space; (14) Deputy Tom Sheahan — to address the situation regarding Killarney House, whereby this beautiful house is falling into disrepair rapidly since being incorporated into Killarney National Park, a house that is now the responsibility of the Minister, and if he is going to stand by and watch the local authority put a derelict site notice on this once fabulous house; (15) Deputy Tom Hayes — to tackle the number of rural gardaı´, raise the number of gardaı´ on the beat in villages like Fethard, Golden and Dundrum in Tipperary, increase the number of gardaı´ in the community gardaı´ scheme and on the divisional drugs scheme, as these are useful ways to tackle crime, given that the level of rural crime is rising quickly and it affects the security of people in rural Ireland; and (16) Deputy Jimmy Deenihan — the need to provide a full-time cardiologist at Kerry General Hospital in view of the very high rate of cardiovascular illness and related illnesses in Kerry. The matters raised by Deputies Leo Varadkar, P. J. Sheehan, Terence Flanagan and Richard Bruton, and Michael D. Higgins have been selected for discussion.

Civil Law (Miscellaneous Provisions) Bill 2006 — Report Stage (Resumed) and Final Stage.

Debate resumed on amendment 20: In page 23, between lines 28 and 29, to insert the following: “(2) Where a tenant has, on or after the 12th day of December 2007, effected a renunciation as referred to in subsection (1), the tenant shall be deemed not to be entitled to a new lease for a period of 20 years, and any lease for a shorter period effected on foot of such renunciation shall be deemed to be valid.”. —(Deputy Brian O’Shea). Deputy Brian O’Shea: The Minister is aware of the background to this amendment. I await his response.

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): There are good reasons retrospective legislation is only resorted to on very rare occasions. The particular instance which Deputy O’Shea has raised is that of a person who was in a normal landlord and tenant relationship. The relationship was terminated. The tenancy was terminated on the basis that the landlord would not extend the tenancy because the tenant would accrue rights under existing legislation by virtue of the renewal. Accordingly, the landlord and tenant relationship came to an end. The Deputy is inviting me to legislate retrospectively for that single instance. It has to be borne in mind that landlords and tenants plan their transactions on the basis of existing law. Were this worded to provide a specified future date, even in advance of the actual commencement of the legislation, I would be open to such an amendment but I cannot retrospectively apply the legislation in the way that is suggested in this amendment because I

594 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage cannot be certain of what implications that would have for other transactions and for the certainty of other transactions that have been reached.

Deputy Brian O’Shea: I take the points the Minister has made. As I said earlier, this is one solution we are suggesting. This is just one amendment to the Bill. I gather from what the Minister said that there is no course open to him where this case could be dealt with in isolation. I think he will agree that the situation in which this tenant finds herself gives rise to hardship.

An Leas-Cheann Comhairle: How stands the amendment?

Deputy Brian O’Shea: Obviously, the Minister will not accept the amendment so I will press it.

Amendment put and declared lost.

An Leas-Cheann Comhairle: Amendment No. 21 is in the name of Deputy Pat Rabbitte and arises from committee proceedings.

Deputy Brian O’Shea: I move amendment No. 21:

In page 28, between lines 12 and 13, to insert the following:

“37.—Section 6 of the Juries Act 1976 is amended by the deletion of “and under the age of seventy years” and the insertion of “and not incapable by reason of infirmity”.”

I referred to this issue earlier in the debate. The existing disqualification of those aged over 70 from jury service is age discrimination against senior citizens who wish to serve on juries, of whom there are many. Rather than having an arbitrary cut-off point at 70, there should be a more flexible test to allow capable persons over 70 to perform their civic duties. I would draw the Minister’s attention to the section on vision in Towards 2016, the ten-year framework social partnership agreement, which states: “Every older person would be encouraged and supported to participate to the greatest extent possible in social and civic life.” That is the essence of the amendment. I hope the Minister will be able to effectively meet what is sought by the Labour Party.

Deputy Brian Lenihan: While I did not take the Bill on Committee Stage, I had an opportunity to examine the Committee Stage discussion on this issue. I have some sympathy with the point of view expressed in this amendment. The law as it currently stands in regard to the age limit of jurors is that the upper age limit is 70 years with a right of persons aged between 65 and 70 to be excused. The proposed amendment tabled here seeks to have the upper age limit removed in respect of jury service and to take away any right of excusal by reason of age. The House is no doubt aware that the law on juries is one of the subjects included in the Law Reform Commission’s third programme of law reform, a programme designed to run from now until 2014. In other circumstances, I might ask the Deputy to hold off a proposed amendment to an area of the law that was slated for such a review so it could be addressed in that context. However, this Bill already contains some small but important changes to juries legislation, and I am well disposed towards the change now proposed. I am not, however, well disposed to the proposal that we should take away a right of excusal by reason of age. In my view, when a person attains the age of 65, he or she has given considerable service to the community and should not be required to serve on a jury. However, I accept there is an issue with regard to persons over 70 and whether we should permit them to serve on juries so juries would constitute a representative cross-section of the community — it is a

595 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage

[Deputy Brian Lenihan.] constitutional requirement that a jury be a reasonable cross-section of the community. Of course, when the original Act of 1935 and the subsequent Act of 1976 were enacted, the life expectancy of the individual in the community was not that far beyond 70 years of age. We are now in a very different position. I am prepared to review this issue. Unfortunately, the conclusions of my review would have to be presented to the other House. Nonetheless, a valid point has been raised by Deputy Rabbitte in his amendment. Rather than accept the tabled amendment at this stage, I would like to take a little further time to reflect on the detail of the proposal, to consult with the Courts Service and to consult with my colleagues in Government because it would be a change of such character that I would have to bring it to them and seek their approval as necessary. It is the case that the state of Victoria in Australia has done this, although it may be argued that many other common law jurisdictions have not yet done so. However, given the maturity of the country in which we live, it is something we should consider in a serious way. I thank Deputy Rabbitte for tabling the amendment and Deputy O’Shea for moving it. I will give it consideration.

Deputy Brian O’Shea: On the basis of what the Minister’s has said, which I take in absolute good faith, and the prospect that he will introduce a suitable amendment to meet the issue in the other House, I thank him for his positive response and withdraw the amendment.

Amendment, by leave, withdrawn.

An Leas-Cheann Comhairle: Amendment No. 22 is consequential on amendment No. 23 and the two amendments may be discussed together.

Deputy Brian Lenihan: I move amendment No. 22:

In page 33, in line 5, to delete “, and” and substitute “,”.

Amendment No. 23 is consequential to an amendment made to the Video Recordings Act 1989 which was inserted into the Bill on Committee Stage. The amendment to section 31 of the 1989 Act which was inserted by the select committee relates to the fees which the Minister for Justice, Equality and Law Reform may set for the censor, who is to become known as the director of film classification. The amendment has the strong support of the industry and industry commentators. The consequential amendment now proposed is a standard technical provision which ensures that the income generated from fees fully meets the costs associated with the operation of the Office of the Film Censor, to become known as the Office of the Director of Film Classification, in classifying and certifying video works. Amendment No. 22 is a technical drafting amendment consequential on the acceptance of amendment No. 23.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 23:

In page 33, line 19, to delete “purposes.” and substitute the following:

“purposes, and

(r) in section 33, by substituting the following for subsection (2):

596 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage

“(2) The fees charged under this Act shall not be fixed at a level calculated to produce an annual amount which is less than that sufficient to discharge the expenses incurred in the administration of this Act.”.

Amendment agreed to.

An Leas-Cheann Comhairle: Amendment No. 24 is consequential on amendment No. 25 and the two amendments may be discussed together.

Deputy Brian Lenihan: I move amendment No. 24:

In page 38, line 7, to delete “and”.

These amendments, the first of which, amendment No. 24, is a technical drafting amendment consequential on amendment No. 25, were signalled on Committee Stage. The purpose of the substantive amendment, amendment No. 25, is to implement an extension to the recommendations of the working group on insurance-related issues in the gender non-employment directive, Directive 2004/113/EC of December 2006. In doing so, it is adding a derogation, as allowed under Article 5(2) of the directive, in respect of health insurance traded internationally where gender differentiation is allowed under the law of the country in which the product is to be sold. This maintains the existing exemption enjoyed by Irish health insurance companies under section 2 of the Health Insurance Act 1994, as amended by section 2 of the Health Insurance (Amendment) Act 2001, to differentiate on gender grounds when selling in other countries in which the local regime permits gender differentiation in health insurance. This is a minor technical amendment to maintain the status quo. The Attorney General is of the view that the proposed amendment is compatible with the goods and services directive. This derogation is being made to support free movement of services and to allow Irish-based companies to compete equally in the internationally-traded health insurance market in other countries.

Deputy Charles Flanagan: While I am reluctant to open up a debate on the Health Insurance Act 1994, this is a Civil Law (Miscellaneous Provisions) Bill and, from that point of view, it covers a fairly wide range of issues. Notwithstanding the reason put forward by the Minister, which was put in somewhat technical terms, I will venture to ask him to give a practical example of a difficulty that has arisen to give rise to this amendment. We discussed this on Second Stage and Committee Stage but we are now back to a very technical and, dare I say, complex reading of an amendment which might have some practical application to which the Minister might advert.

Deputy Brian Lenihan: I understand it is a problem that has not arisen to date but that might affect an Irish insurer in the future, or the capacity of an Irish-based insurer to compete in the market of another member state.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 25:

In page 38, line 12, to delete “1994).” and substitute the following:

“1994), and

(c) those classes of insurance which are contracts of insurance, or other insurance arrangements, which fall within paragraph (d) of the definition of “health insurance

597 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage

[Deputy Brian Lenihan.] contract” (inserted by section 2 of the Health Insurance (Amendment) Act 2001) in the Health Insurance Act 1994 if, but only if, the differences in treatment referred to in paragraph (da) of subsection (2), in so far as they relate to such contracts or arrangements, as the case may be, are permitted by the law of the place where such contracts or arrangements, as the case may be, are marketed.”.

Amendment agreed to.

An Leas-Cheann Comhairle: Amendments Nos. 26 and No. 27 are related and may be discussed together.

Deputy Brian Lenihan: I move amendment No. 26:

In page 41, line 32, to delete “(iv)” and substitute “(v)”.

Amendments Nos. 26 and 27 are technical in nature and are required to correct the text of the Bill in the first instance and to clarify the text in the second.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 27:

In page 42, to delete lines 7 to 16 and substitute the following:

60.—Section 28(9)(c)(i) of the Civil Legal Aid Act 1995 is amended—

(a) by inserting “the Residential Tenancies Act 2004,” after “property),” and

(b) by deleting “the Rent Restrictions Acts, 1960 and 1967,”.”.

Amendment agreed to.

An Leas-Cheann Comhairle: Amendment No. 28 in the name of the Minister arises out of Committee proceedings.

Deputy Brian Lenihan: I move amendment No. 28:

In page 42, between lines 16 and 17, to insert the following:

61.—Section 29 of the Civil Legal Aid Act 1995 is amended by substituting the following for subsection (2):

“(2) The Board may—

(a) in accordance with regulations under section 37, provide legal aid or advice to an applicant without reference to his or her financial resources,

(b) waive any contribution payable pursuant to this section and to any other regulations under section 37, or accept a lower contribution, on the ground that a failure to do so would cause severe hardship to the applicant.”.”.

Amendment No. 28 results from a request made by the Legal Aid Board to clarify the criteria the board should have regard to in waiving contributions in respect of legal aid or advice. At present, section 29(1) of the 1995 Act provides, among other things, that a person shall not

598 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage qualify for legal aid or advice unless he or she pays to the board a contribution towards the cost of providing the legal aid or advice determined in accordance with regulations under section 37. Section 29(2) provides that “The Board may, in accordance with regulations under section 37, provide legal aid or advice to an applicant without reference to his or her financial resources and may waive any contribution payable pursuant to this section and to any other regulations under section 37 or may accept a lower contribution.” Thus the current legislation 4 o’clock provides for a number of things. First, it provides that the board may, in accordance with regulations made under section 37, provide legal aid or advice without reference to a person’s financial resources. Second, the subsection provides that the board may waive any contribution payable pursuant to this section or any other regulation. Nothing in section 29(2) warrants the interpretation that a waiver of or acceptance of a lower contribution only applies where the contribution payable is the minimum. Confusion has arisen because implementing regulations of 1996 purported to limit the applicability of the provisions enacted by the Oireachtas. It limited the circumstances where the fees could be waived to those circumstances where only the minimum fee was payable. Consideration of this conflict by the Department and the Legal Aid Board has resulted in the proposed amendment to clarify the situation. The relevant change to the conflicting regulation to bring it into line with the policy of the Act will be brought about by means of a statutory instrument. The amendment provides that the grounds for the waiving of contributions are where not to do so would cause severe hardship to the applicant. This clarifying wording is in keeping with that used in Regulation 21(9) of the Civil Legal Aid Regulations 1996 and with the intention of the Act.

Deputy Charles Flanagan: I am sure the Minister will have received late representations on this issue, as I have. Perhaps there is an issue that may require some clarification. I note that the Leas-Cheann Comhairle prefaced his introduction of the amendment by saying it arose out of Committee proceedings.

An Leas-Cheann Comhairle: That was my advice.

Deputy Charles Flanagan: I am not sure whether that is the case because my understanding is that this is a new amendment to which reference was not made on Committee Stage. This is why it has given rise to some concern, that these are new amendments being tabled by the Minister that did not appear to have been part of the discussion on Committee Stage. For that reason I wish to seek clarification from the Minister on a submission that has been made by the free legal advice centres with particular reference to amendment No. 28 and the consequent amendment to section 61 of the Bill and, in turn, section 29(2) of the Civil Legal Aid Act 1995. I accept what the Minister said, that the amendment is in response to a submission by the Legal Aid Board. I hope if there is confusion that we can deal with it satisfactorily. In terms of the purpose of the proposed amendment to section 29(2), it appears that the board has the power to grant legal aid without reference to a person’s financial resources. This would require regulations under section 37 to be passed, given that reference in the amendment is to certain regulations. The proposed section 61(2)(a) states “in accordance with regulations under section 37, [the board may] provide legal aid or advice to an applicant without reference to his or her financial resources,” I am somewhat concerned at the fact that this is in accordance with regulations because I am given to understand there are no such regulations. If that is the case, there is no such power.

599 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage

[Deputy Charles Flanagan.] I may be mistaken in that and if I am, I am prepared to stand corrected. However, if there are no regulations it is difficult to see how that power might be vested. It was also put to me that there is another possible construction, that there is a general power under the subsection to provide legal aid without reference to a person’s resources of a financial nature and to waive or reduce any contribution for legal aid services, and specific regulations are not required to do so in any event. Is the Minister inadvertently or otherwise attempting to ensure that in future this point cannot be argued? As I understand it, there is an element of latitude at present, notwithstanding the means test, and that is well founded if not in statute law then certainly in precedent. I hope the import of this amendment will not give rise to a situation where such discretion or latitude no longer applies. I am somewhat concerned at the speed with which the amendment has been put forward and the fact that nothing similar appeared to have been in the Bill in an earlier construct. I accept the Minister’s good faith in the matter, that we must avoid a situation where, unwit- tingly or otherwise, hardship might accrue to an applicant on the basis that the amendment gives rise to a removal of the current latitude. I am concerned that if the circumstances in which contributions can be waived or reduced is narrowed to such an extent, it may cause difficulties.

Deputy Brian O’Shea: Go raibh maith agat, a Chathaoirligh. I, too, am in receipt of the same representations in regard to this amendment. The amended version and the existing wording in the Act are identical except for the following “or may accept a lower contribution.” in the existing subsection. The amended version is split into two paragraphs and ends with, “or accept a lower contribution, on the ground that a failure to do so would cause severe hardship to the applicant.” The proposed change would result in narrowing the circumstances where contributions can be waived or reduced. The representation which was received by Deputy Flanagan and which was passed on to me states: To understand the potential significance of this proposed amendment, some background might be useful. As part of its work, Free Legal Advice Centres campaign for improved civil legal aid services in Ireland. This involves speaking to people whose application for legal services has been refused and where such refusal results in an unmet legal need, potentially appealing that refusal on the applicant’s behalf. In one such appeal in 2007 where an applicant on low earnings had been refused legal aid because she exceeded the means test ever so slightly, one of two arguments advanced on her behalf [by the Free Legal Advice Centres] was that the board had the general power under section 29(2) of the Act above to grant legal aid without regard to a person’s financial resources where it would be appropriate to do so. This appeal did not succeed but the board was very slow to give grounds for the failure of the appeal on this ground and FLAC knows that it sought legal opinion on the question. In any case, for a variety of reasons, that appeal is now the subject of judicial review proceedings in the High Court.

The issue is before the court and I am interested in the Minister’s response. It is stated here that Deputy Charles Flanagan said this is a new amendment about which there does not appear to have been any discussion on Committee Stage. As I was not present for Committee Stage, I cannot say whether that is the case. The Minister is clear on the issues and I look forward to his response.

600 Civil Law (Miscellaneous Provisions) Bill 2006 27 February 2008. — Report Stage (Resumed) and Final Stage

Deputy Brian Lenihan: I will assist the House as much as I can. I have not had the opportunity of examining the representation referred to by the Deputies. It is worth examining the current provision, which is that the board may provide legal aid or advice to an applicant without reference to his or her financial resources and may waive any contribution payable pursuant to this section. The regulations of 1996 reflect the understanding of the board that the waiver can arise only where the minimum fee is payable. This means where the board has decided to provide legal aid or advice without reference to the person’s financial resources, because of the presence of the word “and” in the current section 29, the board can make the waiver only when the applicant already meets the requirement of having obtained legal aid without his or her financial resources. The amendment proposes that the board be given additional latitude so that it may give a person legal aid or advice without reference to his or her financial resources, waive a contribution payable under this section or accept a lower contribution. We are widening the latitude available to the board under this subsection and that is the motivation behind this amendment. The board’s understanding and its regulations of the existing provision is that it limits the circumstances where waiver can take place to those circumstances where only the minimum fee was payable.

Deputy Charles Flanagan: We are on Report Stage and before the conclusion of business we will be on Final Stage. Will the Minister give an undertaking that the matter might be revisited in the Seanad in the event that the clarification proffered by the Minister is not sufficient to meet the representations made? I accept that there is no ulterior motive here.

Deputy Brian Lenihan: The Deputy gave me the representation and I will have it examined and responded to.

Deputy Charles Flanagan: I regard that as sufficient and in the circumstances we will allow matters to proceed, unless Deputy O’Shea has another view.

Deputy Brian O’Shea: I do not have another view. That is fair. On Deputy Rabbitte’s behalf, I will see this is sent to the Minister so he can see it before he appears in the Seanad with the Bill.

Amendment agreed to.

Deputy Brian Lenihan: I move amendment No. 29:

In page 42, between lines 16 and 17, to insert the following:

62.—Section 30 of the Civil Legal Aid Act 1995 is amended—

(a) by inserting the following after subsection (6):

“(6A) Where the Board has granted a person a legal aid certificate for proceedings in any court or before any tribunal prescribed by the Minister under section 27(2), then, notwithstanding any enactment (including any provision of this Act), any statutory instrument made under any enactment, or any rule of law, the proceedings shall be issued in—

(a) the name of the law centre concerned where the law centre is responsible for providing the legal aid concerned,

(b) in any other case, the name of the solicitor or firm of solicitors responsible for providing the legal aid concerned.”,

601 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Brian Lenihan.]

and

(b) in subsection (7), by substituting “shall” for “may”.

This is a substantive amendment and will allow the Legal Aid Board to issue proceedings in the name of the law centre rather than, as at present, in the name of the individual solicitor who has seisin of the case. Administratively, this change will bring the law centres into line with private practices and ease the work load within the law centres as the professional staff will not necessarily have to see and sign all legal documents and it will not be necessary to file notices of change of solicitor with the courts when a solicitor leaves a law centre and is replaced by another. The current practice is that each solicitor in a law centre practises as a sole solicitor. In a partnership of solicitors, the name of the partnership can be affixed to court documents and all the solicitors in that firm can have authority to transact business for each other. That principle hitherto did not apply to the law centres. The purpose of this section is to empower law centres to conduct their business in the same way as a practice with a number of partners.

Amendment agreed to.

Bill, as amended, received for final consideration and passed.

Student Support Bill 2008: Second Stage (Resumed).

Question again proposed: “That the Bill be now read a Second Time.” Acting Chairman (Deputy Charlie O’Connor): I call Deputy Quinn to resume his speech. He has three minutes remaining.

Deputy Ruairı´ Quinn: That is barely time to warm up. I welcome the Minister of State. My comments are almost complete. The one area that this Bill does not address is physical accommodation for third level students. Since the Short Title of the Bill is the Student Support Bill, I want to give notice of my intention to bring in a series of amendments which I hope the Minister of State will accept as admissible on Committee Stage in this area. We probably have the lowest provision of dedicated accommodation for students attempting to get to college in northern Europe. It is a major issue for the USI. Mechanisms could be put in place to enable third level colleges, the Construction Industry Federation and the Depart- ments of Finance and Education and Science to ease part of the pain of the current down turn in the construction sector by the provision of dedicated student accommodation. This could be on campus land surplus to educational requirements or in conjunction with local authorities in areas unsuitable for family accommodation but which are required for urban renewal. It would tap into the section 23 sentiment and culture we have had for the last 20 years. That is all I have left to say in the time available. As I indicated to the Minister yesterday evening, the Labour Party will bring forward a series of amendments on Committee Stage. I again ask the Department to revisit the nonsense of having 33 VECs administering the same scheme and to examine the organisational efficiency of the Department of Social and Family Affairs, which is used to evaluating family income and performing means testing. This Depart- ment could provide a unilateral and similar quality of service across this Republic in a manner that a VEC, whether in Cork or Leitrim County Council, cannot do. We must bite that bullet and perhaps the Opposition can make it easier for the Government to bite it.

602 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

Deputy Timmy Dooley: I welcome the Minister of State and the introduction of this Bill. It has been quite some time in gestation and it is welcome that it has made its way to the House. Those of us who have been public representatives for some time, including the Minister of State, will be aware of the ongoing debate that takes place each summer when young adults are in the process of going to college and the difficulties that the lack of this legislation caused for them. It is important that the Bill sets out a single statutory system for the operation of the grant support system to students. It is better that the scheme reside in the VEC structure rather than the current system under which it is dispersed in a number of ways through the local authority. That does not take away from the capacity of the local authorities to deal with this matter, but it is better that it resides in the context of education within the environs of the VEC. We should pay tribute to all those people within the local authorities who worked very well to provide the public face of the grants system to students and their parents. They dealt with difficult situations as the staff were often at the coalface of delivering information to students, such as the denial of a grant or a follow up on further information. It would be opportune to recognise the work of all those people in the local authorities who will no longer be involved. I am hopeful that the practical implementation of this Bill will streamline the entire administration of the grant scheme, thereby removing some of the anomalies that currently exist. There is little doubt there is a huge burden on parents, especially when young adults are leaving secondary school and going into third level. While the costs are rather excessive in secondary school, it can be daunting for some parents, especially when they have a number of children receiving education. The burden that puts on pressure is very significant and it often goes below the surface. There are some families that will try to give their children the benefit of an education that they did not have. They will make sacrifices to give their children such an education, but may not want to show that financial strain. Many of them do not talk about it, but the burden on them is phenomenal. Therefore, the streamlining of the administration is helpful, welcome and necessary. I hope it relieves some of the anomalies that currently exist. We should take into account what this Bill tries to do along with the abolition of fees. I pay tribute to the former Minister for Education, Ms Niamh Bhreathnach, who was responsible for that. It was enlightened thinking by the Government of the time. It is rightly continuing under the current Administration. While there may be no fees, education is not free. We often delude ourselves in suggesting that education is free, but that is not the case as there are costs involved in its delivery and in participation by young adults. Notwithstanding that, we have a much better approach to delivering education by minimising the cost as much as possible. That has been central to the development of this economy. It has been central in assisting the IDA and other agencies in attracting the kind of foreign direct investment that has helped many of our young educated people to remain here, rather than emigrate as they did in the past. Our education system has been to the fore in doing that. Free fees and student support have helped to ensure that we are delivering the kind of graduates that provide the knowledge and the pool of education to attract these companies. The companies come to Ireland for a variety of reasons and I talked recently to representatives of Zimmer, a large multinational medical device company that has arrived in Shannon. They are in the region because Shannon is nestled between Limerick and Galway and they believe they will have an optimal pool of graduates and highly skilled people to perform the complicated duties associated with a high-tech company. The continuing support of this and successive Governments is responsible for the education delivery which ultimately provides jobs in the regions at a later stage. The continuing investment in education allows that to happen. We should compare this with other countries. It is incumbent on students in other countries to take out loans, putting a burden on them at a later stage in life. On entering the workforce,

603 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Timmy Dooley.] they are burdened with very considerable debt associated with paying their way through college. That is not to say that the level of support currently available is in any way sufficient to put a student through college, but it does make a major contribution. While students leaving college today carry some debt, it is nothing like the debt burden that students in the US and elsewhere have to contend with. The Department has dealt with this issue in a positive way. I welcome the notion of an independent appeals mechanism in the Bill. I am hopeful that it will be possible to apply to the appeals board during the course of an academic year, especially between semesters and when the fundamentals of an applicant’s means have changed. I refer to situations where the principal breadwinner in a family is deceased or has been made redundant. That fundamentally changes the funds available to the student. As the current system does not take into account a change of circumstances during the year, I am hopeful that this Bill will allow the appeals board to do that. A student whose parent loses his or her job during the year is not in a position to apply for a new means test until the following year, something which will hopefully be addressed in the Bill. There are a few anomalies that currently exist in the grant system and I would be grateful if the Minister could look at whether they will be addressed in this Bill. We must look at the area of grants as it currently applies to those returning to college, especially mature students. The age limit of 23 has been removed and it is now more about living independently or living dependently, but there are still anomalies. There is also an anomaly about where someone has lived prior to applying for the grant and whether or not that confers an independent or dependent status on that person. In order to obtain a grant, the person must also have been living in the country for three of the past five years. That is right and proper and I welcome the fact that it is set out here. I agree with Deputy Quinn’s point about querying the necessity of putting it into the primary legislation and asking whether it should be reserved for secondary legislation. It might be better if it were changed through a statutory instrument, rather than being brought back to the floor of this House. It is important to encourage those who may not have gone to college on leaving second level education or those who may have dropped out and who would wish at a later stage to come back. Anything that can be done to simplify their return by providing them with the necessary financial help would be welcome. It is particularly welcome because people who spend a few years working out of college find that their financial requirements are greater by virtue of their standing in life. Such people would be more dependent on financial assistance than somebody leaving secondary school. We need to look at this provision in terms of the funding we give to upskill our undergraduate mature programme. The system that currently exists can be frustrating and I have an example of this. A young constituent of mine finished school and found a job. He had left home and spent a few years living and working in Cork. He decided to go back to college and he got a place in a recognised course in a college in Limerick. He was over 23 at the time and living independently for five years. Under normal circumstances, he should qualify on the grounds of means and on independent grounds. Prior to taking up his place in the college in Limerick, he travelled to the United States for approximately 12 months. During this period he returned home several times to get his affairs in order and prepare for college. In his grant application he gave his parents’ residence in County Clare as his contact address. Although he had lived independently for the previous five years, he did not own a property or have a contact address other than that of his parents. The person in question intended to return to Ireland and rent accommodation close to the college in Limerick before commencing his course. He first stayed at his parents’ house for

604 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) about a fortnight while he found rental accommodation. However, as he had used his parents address as a point of contact, the Department deemed that he was not living independently and was, therefore, a dependant. For his grant application to proceed, he was required to submit income details for his parents, which were not such as to allow him to secure a grant. This difficult case highlights an unfair anomaly, which I hope will be addressed either in the text or during the implementation of the legislation. It is a clear case of how it can work against a person who is living independently to use the address of his or her parents as a contact point. In addition, as the person in question had previously lived independently in Cork, he was required to apply for a grant through the vocational education committee in Cork. I ask that provision be made to allow applications to be made to the offices of the closest or most con- venient vocational educational committee, irrespective of where the applicant lives. Given that the funding for grants comes from central Government rather than a specific pool of money assigned to the VECs, it is not necessary to impose a residency-type clause in grant applications. I hope the Minister of State will address this matter and ensure grant applications are processed in a uniform manner. This would remove some of the mystery and difficulty from the application process. It will also be necessary to examine the means test to find structured approaches that ensure applicants are fairly assessed, taking into account cases in which parents’ circumstances have changed significantly since their most recent P60 was issued. As the Minister of State is aware, the means test is based on the previous year’s earnings. For a student entering college in the academic year beginning in October 2008, the means test is calculated based on parents’ earnings in 2007. In some cases, a parent may have passed away, lost a job or earned a lower income as a result of illness. Furthermore, in some unfortunate cases a parent’s means may be significantly exaggerated in a particular year by virtue of overtime or other factors. This creates a peak in an otherwise elongated work cycle. To address the negative effect of such peaks, the assessment of means should be done over an average of three years, rather than one year. The self-employed and those working in industry may earn much more than usual in a given year. Such unique circumstances would best be addressed by removing the current rigorous rules and introducing in the appeals process a new set of criteria which provide for a degree of latitude. We need to find an approach which facilitates those who wish to return to college by taking into account changes in financial circumstances. The objective should be to prevent undue hardship on parents and students, as occurred in the cases I described. The certification of courses for grant purposes requires greater clarity and uniformity. The universities of Cork, Limerick and Galway offer postgraduate courses which confer on graduates the legal qualification, LLB. For grant purposes, the Department will not pay a graduate to undertake the LLB postgraduate programme at the University of Limerick, whereas it grant aids students at University College Cork and University College Galway. If three students, one at each university, were to complete the LLB postgraduate course, the outcome would be the same. However, a complication arises in the case of the University of Limerick because the LLB is also offered as an undergraduate programme. While entrance to the postgraduate stream requires a primary degree, the Department, for reasons I have failed to establish over a protracted period of discussion and correspondence, does not treat the programme as progression. The qualification awarded on completion of all three postgraduate courses is precisely the same. However, a number of students in County Clare have failed in their efforts to secure grant aid to attend the LLB programme at the University of Limerick. If they enrolled in the same programme in either Cork or Galway they would qualify for grant aid.

605 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Timmy Dooley.]

Work needs to be done in the area of certification. I am aware that discussions have taken place in the Department on educational accreditation with a view to finding a common purpose on this issue. It is disturbing that a person who decides to enrol on a course at the University of Limerick and completes the application process, having met the course lecturers, will be refused grant aid, whereas students enrolling on the same course at University College Galway will qualify for grant aid. Returning to college to complete a postgraduate programme requires significant commitment. We need to encourage those who pursue this option because advanced qualifications are beneficial in maintaining a region’s skill base and ensuring it continues to attract companies to locate in it. I welcome the Bill. While some of the points I raise may appear to be somewhat critical, that is not my intention. I have sought to highlight elements in the current structure which I would like the Minister to address in the primary legislation. I would be grateful if the Bill were amended or new provisions inserted to take account of these points. Alternatively, I would welcome secondary legislation to address the issues. I ask the Minister of State to comment.

Deputy Ulick Burke: Cuirim faílte roimh an mBille seo. Ta´ me´ cinnte go raibh na Teachtaı´ Da´la go leír ag fanacht leis le fada. Ta´ an iomarca ama caite gan athru´ a bheith curtha ar na rialacha a bhain leis an sean sceím. Mar sin, cuirim faílte roimh an mBille agus tugaim mo thacaıócht don Aire e´, agus an sceím seo, a chur trı´danDaíl chomh tapaidh agus is feídir. Everybody who has read the Bill has given it a warm welcome. Grants and student supports have not been changed since they were introduced in 1968. Many grant applications have been refused on a technicality. It is hoped this Bill will eliminate much of the red tape associated with the scheme and simplify its application. I welcome the reduction of the number of bodies which assess and provide grants to students throughout the country from 66 to 33. While I agree somewhat with Deputy Ruairı´ Quinn that 33 is still too many, it is a step in the right direction towards streamlining it. Aontas, the Irish national adult learning organisation, put on record that 3,500 people who wished to continue to third level education made contact with it during the past year. It found it difficult to access information or contact the bodies that organise the provision of grants to students. Every public representative has come across numerous hard cases where people lost out on grants. In many cases, those who made the assessment not to award a grant did so for justifiable reasons as the applicants were not within the criteria laid down under the old scheme. If this Bill provides for an effective and independent appeals mechanism it will make great progress. Deputy Quinn stated that the Department of Social and Family Affairs has experience in assessment and should take over the administration of the grants system, but that would not be fair. We see the confusion with regard to the Department of Health and Children and the HSE when it comes to the provision of services for children with autism and other disabilities. There is great confusion with the back to education scheme and the red tape has meant many people have been denied opportunities to return to education. I hope the VEC will have complete and comprehensive authority to provide for, dispense and deliver this scheme accu- rately and speedily. The most serious fault experienced in the past was the delay in delivering final sanction and approval for grants to students and the fault lay with the Department. Anybody who was a member of a vocational education committee or a local authority knows that neither body was notified until late July of the regulations and eligibility rules for the scheme for that year. This was followed by a mad rush of applications to meet a deadline, which all stacked up but could

606 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) not be touched prior to final acceptance and understanding of the rules and regulations which applied in a given year. As they changed every year, this was an annual hassle. Other relevant information for an application could not be provided until October or November and that caused great hardship. There is an onus on the Department and the Minister to provide at an extremely early stage, no later than the end of May, for the new awarding bodies the rules and regulations of the scheme for the following academic year. We have heard many hard stories with regard to assessment and people believe that there is great inequality between the PAYE and the self-employed sectors with regard to the awarding of student grants. Consideration of the net income of everyone would allow equity to prevail as it would eliminate the facility of using accountancy to its full extent. If the regulations and rules were adjusted to take into account net income, there would be greater equity in the system. The Minister of State, Deputy Haughey, has responsibility for lifelong learning, which is relevant to those who wish to return to third level education and part-time students. This issue must be tackled. However, the Bill does not satisfy the claim that it will be easier for people to access part-time education. It is important that the Minister of State influences his senior colleague, the Minister for Education and Science, Deputy Hanafin, on the necessity to provide part-time students with supports to pay their fees. As long as there is inequity there will be discontent and dissatisfaction with the scheme. If it takes as long again to make this change as it did for this Bill to come on stream it will be too late for many people. The economy cannot afford to prevent so many people from improving their capacity to better themselves. It is aspirational of the Minister, without follow-up, to make change. It is important that the suitability of courses in all institutions providing third level education is recognised and assessed in terms of providing student support. One glaring omission from this is Hibernia College, Dublin. Many of its students, who, unfortunately, are classified as part time, must pay high fees without any support from the Government to qualify as primary level teachers. So many students have availed of the courses available at the college in such a short time that it has become a tremendous success. I am open to correction but the Bill contains no facility to recognise an institution such as Hibernia College that provides the highest quality of teacher training, parallel to that provided by the established colleges such as St. Patrick’s College, Drumcondra and Mary Immaculate College, Limerick. Hibernia College is eliminated from supports for its students, albeit they are part-time. Many part-time students in other institutions have also been overlooked. I hope the Minister of State, Deputy Haughey, will take personal responsibility to influence the Mini- ster to reconsider this. Over the years, various Ministers for Education failed to recognise the importance of a support college to one of our largest industries, tourism. Students who attended the Shannon College of Hotel Management never got recognition or support in the same way as students in other institutions. I accept they could later transfer from Shannon to complete a commerce degree at University College, Galway. The fees at the Shannon college were exorbitant but the training was second to none. It is difficult to understand why this was not a recognised institution even though it serviced one of our most important industries. The provision for an independent appeals mechanism is to be welcomed. However, the first step in the process is an internal appeal. Considering the internal appeals mechanisms in the Departments of Agriculture, Fisheries and Food and Social and Family Affairs, it cannot be independent because somebody in the Department will overrule the decision of personnel at a lower level who gave the initial decision. The appeals process outlined in the Bill could take up to 60 days. A student having to wait 60 days for a final decision on an appeal could be

607 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Ulick Burke.] crucial. As Deputy Dooley stated, many parents have been forced to seek private loans through a credit union or elsewhere to tide over their children. This has also forced many students into part-time work which they are reluctant to do due to the pressures of the examination system at third level. Part-time work does not consist of just a few hours a week so students can survive and maintain themselves in the absence of their usual grants. It can often be similar to full-time work, which, it must be remembered, is often done after a day of lectures and participating in the normal college scene. It is important that the appeals mechanism is a fast-tracked process. As the Bill does not provide for this, will the Minister consider bringing the appeals mechanism within a reasonable timescale of, perhaps, a fortnight or three weeks? Provision of extra resources, capital and personnel for the initial transfer of awarding functions from the local authorities to the vocational education committees must be considered. If this falls at the first fence, we are in cloud cuckoo land. The Bill gives no indication as to what additional resources the Minister will provide for the transfer and provision of services necessary for the implementation and administration of the proposed scheme. Personnel in the VECs are already operating schemes for which they have responsibility. We know their offices are cramped with mountains of application forms. In 2008, a modern system for applications and quick assessment should be provided which will not happen in offices with poor facilities. Additional personnel will have to be recruited to the VECs or transferred from the local authorities to ensure a streamlined and timely decision-making process. An inspector with an overseeing capacity will be appointed to assess the workings of these offices. I do not believe such an appointment is justified. Every VEC and local authority is audited on a regular, albeit late, basis. This audit is the necessary watchdog that will ensure the application is as intended by the Minister. I urge the Minister to consider the position of supports for part-time students. A commitment was made in Towards in 2016 for the exemption of third level fees for part-time students. If this Bill were to do nothing else but recognise the entitlement of part-time students to fees exemption, it would be worthwhile. Nevertheless, Fine Gael welcomes the Bill and will give it full support though all Stages in the Da´il.

Deputy Eamon Scanlon: I wish to share time with Deputy Chris Andrews.

Acting Chairman: Is that agreed? Agreed.

Deputy Eamon Scanlon: I congratulate the Minister on introducing this Bill. Its changes will ensure awards to our third levels students will favour both students and their parents. Grant applications will be approved and paid in a more efficient and timely manner. This will reassure young people entering third level education and allow them to concentrate on 5 o’clock their studies from the beginning of the academic year. A child heading to college can be a strange time for parents, as it is usually his or her first time away from home. It is important they have the financial security from knowing at an early stage that a third level grant will be paid. The unification of four different grant schemes into one comprehensive scheme will ensure the whole process is more efficient and that the system can respond in a more timely fashion. This reduction in red tape will be of benefit to both administrators and students. I fully agree with the Minister on this and commend the Minister on the introduction of a one-stop shop for grants. There are VEC offices in every county town. The staff in the Sligo VEC office are very helpful, as are the staff in the county council, but there was total confusion there. People

608 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) did not know where to go. Now, at least, the system will be streamlined. There will be just one office and the same people will deal with everybody. Under this new system the VECs will oversee the administration of grants. In effect, the number of authorities responsible for awarding grants will be halved, from 66 to 33. The Bill also makes several provisions that will improve transparency, such as the ability to transfer functions away from a VEC that is not performing. It also gives the Minister the power to request a VEC to inform applicants of decisions within a certain timeframe. Furthermore, the process will be open to reviews and audits and an appeals process will be put in place. These provisions guarantee students and their families a certain degree of customer service, which is to be welcomed. The demands of college life are enough for students without the undue burden of worrying about when grant applications will be processed. Changes to the grant system in recent times have meant that third level is now a realistic option for many more young people. There are 140,000 students in full time third level education, which is more than three times the number in 1980. Of these, more than one third are receiving financial assistance from the State. This is a remarkable achievement. The changes to the income limits will attract more students from disadvantaged and less well off backgrounds to third level colleges. For this academic year, the income limits for maintenance grants have been extended so that students from families on a moderate wage of up to \48,355 will not have to pay the student charge of \825. The higher rate student grant, at \6,690, is now more than three times the 1997 level of \2,000. The means test is in need of consideration. As Deputy Dooley mentioned, and as I know from experience in dealing with constituents, there are people whose incomes in the year their children start college are not the same as they were in the previous year, which is the one assessed for means testing purposes. This should be reconsidered. Incomes change, and if a person is off work due to illness, for example, in the year the student starts college, that student should certainly qualify for a grant. The programme for Government includes a commitment to establish a new system of means-tested free fees for approved part-time courses. I look forward to seeing the implementation of this commitment. It will provide an opportunity for many people who missed out on the college experience the first time around to attend a third level facility to retrain and improve their job prospects. I recently had queries from some constituents about Open University courses. I wonder whether the Minister might consider changes in this area. There are many mature students who would like to avail of these courses, but they can be very expensive. The Department might consider some means by which these students could be facilitated, such as part-payment of the course fees. I acknowledge the great strides that have been made in the last ten years in third level education. The provision of an extra 45,000 college places since 1997 is worth mentioning. Sligo IT, in my constituency, has benefited from this, with the student population jumping by 36% during this period. More young people than ever are receiving a third level education and these highly skilled graduates are in no small way responsible for making this country an attractive place to do business. It is only fitting that we should support them as much as we can.

Deputy Chris Andrews: I am delighted to have the opportunity to speak on the Student Support Bill 2008. As the Minister of State has heard from previous speakers, this Bill is broadly welcomed. I also welcome it. It will streamline the student grant scheme by providing a statutory framework for the replacement of four different schemes operated by local authorities and VECs with one unified system. Having previously been a member of the CDVEC, which is based in Ballsbridge, I know from personal experience that the VECs are particularly

609 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Chris Andrews.] efficient and professional organisations in the provision of education services. The Acting Chairman, Deputy O’Connor, was a member of County Dublin VEC from 1985 to 1991, representing the Tallaght area, and he too speaks highly of the contribution made by VECs. The VECs have been flexible in the way in which they have managed to change the courses and services they provide to young people in third level education. They have met the needs of business and society. This Bill will reduce the number of grant-awarding authorities from 66 to 33. As somebody who becomes annoyed when I see the number of administrative bodies being increased, I am pleased to see the reverse occurring. This will leave VECs as the sole arbiter of grant allocation. The move has been welcomed by the Union of Students in Ireland and Aontas, the adult education group. In some respects, this is a housekeeping Bill that aims to tidy up the current administrative system. However, it does also make some significant changes, one of which is an independent appeals board, which will reduce the number of fraudulent claims. It also provides a new residence requirement of three years rather than one year, which will bring Ireland into line with other EU member states. The Bill is important because it shows the Government is committed to improving and providing education. It cares about equality of access to education. Education has always been important and will become even more so in the event of a slowdown in the economy. Education and human capital have been and will continue to be the linchpin of our economy. We have experienced unprecedented economic growth over the last 15 years. This has been led by the human capital of which I speak, although of course we also had a well managed fiscal regime and an economic environment which was conducive to foreign investment. However, our well educated people have always been the cornerstone of the success of our economy. Nobody would deny that the high level of education within the Irish workforce was central to the economic boom. Not only can high-tech firms base themselves here, but we also have the requisite educational assets to support such foreign and indigenous industries. It is vital that we continue to support and administer third level education in the best manner possible. It is all about people forming and shaping the backbone of our economy. In light of a possible slowdown in our economy people will become much more important. It is important to educate and upskill our workforce, particularly people in areas such as those represented by the Acting Chairman in Tallaght, and in Ringsend and Pearse Street in my constituency. It has been difficult to get people to move from work to education. Employment is the best social inclusion measure but to go beyond that we must ensure that people from disadvantaged areas build on the opportunity to take up education. Deputy Quinn mentioned that it is a long way from Ringsend and Pearse Street to college. In some ways it is further from Ringsend and Pearse Street than from Sligo or Roscommon because it is difficult to break down mindsets. Community leaders work hard to break that mindset where people see education and college as a distant dream. This Bill will address and change this. The change in the income limits will assist in changing the mindset. Society is judged by how it looks after its weakest members. No one in this country should be prohibited from attending third level education and obtaining skills and experience that are ultimately returned to society. It is a cliche´ to state that we are investing in our future when we educate people. Any move towards simplifying the grants system is welcome, particularly for mature students who deserve a second chance at education. When people return to college after a few years working it can be difficult. They may have children and they may need to be supported. My wife returned to third level education when we had two very young children. It required a

610 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) major effort on her behalf. Any measure that helps to attract people to upskilling and education must be applauded and the Government is to be applauded for doing so through this Bill. A recent report by the library and research service in the Oireachtas indicated that this Bill would have a positive impact on national competitiveness: “Those students who are supported will contribute to the intellectual capital of the State, and thereby improve the national competitiveness of the country by contributing to the further development of a knowledge based economy.” There are approximately 150,000 students in third level and 57,000 are in receipt of grants. That is a high number, one I hope will continue to grow. We need to encourage and promote people from inner city areas to enter education. If we are to compete on the international stage it is vital that we ensure a vibrant third level education system. I therefore welcome this Bill which creates a single application process, improves access and promotes greater transparency.

Deputy Deirdre Clune: I am delighted to speak on this Bill, which streamlines and consoli- dates payments of third level grants through one organisation, the VEC. The title of the Bill is important and covers support to third level students. One of the better moves we made in this country was free third level education. It was positive and opened doors to many people, whether they progressed from second level or were mature students who had not had access to third level education because of where they lived or for financial reasons. It is wonderful that we can have access at all levels. Lifelong learning is a term that everyone understands and can relate to. It means what it says literally, that at any stage one can take up education to fulfil one’s life, change workplace or upskill to facilitate moving through different levels in a career. The possibilities are there and, in terms of access, not everyone has the financial means to attain education. The various grants available are welcome and are an important principle. Some 40 years ago there were 20,000 students in third level education, while there are 150,000 today. I am fortunate to have been involved in a VEC, like the Acting Chairman, and was on the governing body of CIT. I was also involved in post-leaving certificate colleges such as the College of Commerce, Cola´iste Stiofa´n Naofa and St. John’s Central College. It was refreshing and exciting to be involved in these colleges, as well as in UCC. The latter caters for 17,000 students and is a great employer and support to the local economy as well as an icon of education. The post-leaving certificate colleges and CIT are flexible and can respond to the demands of the marketplace. One of the courses introduced was in child care and it was developed through various levels. This was responding to a need in the market, the need for students to gain accreditation. The certificate gave people recognition in the community and allowed them to seek employment. The courses were developed with employers and the various bodies that set regulations. They were valuable and viable. It is post-leaving certificate colleges, VECs and ITs that responded to the needs of, for example, the hospitality sector. These institutions are flexible and respond to the needs of the marketplace and employers. It works very well. I have admiration for these sectors, particularly VECs. I have every confidence in this Bill, which streamlines the process. Under the Bill the VECs will have sole responsibility for administering third level grants. If they are given the necessary staffing levels, I have every confidence they will carry out their functions. The Union of Students in Ireland supported transferring granting authority to the Department of Social and Family Affairs and I see the value in that proposal. However, VECs are educational bodies, involved in providing education. There are arguments for and against the change but this move has been welcomed by USI.

611 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Deirdre Clune.]

The Minister acknowledged that there have been delays and frustrations with higher education grants. A student or potential student attempting to access support is confronted with a bureaucratic maze. It is fine for people who understand the difference between the local authority, the VEC and the Department of Education and Science but the ordinary punter wants a one-stop-shop where they can make their case, give information on his or her income and on his or her parents’ income and go through a clear and understandable process. We hope that will be the case when the system is under a single body. Deputies are aware that there are variations in the speed with which applications are processed, depending on whether the awarding body is a local authority or a VEC and on the geographical area of the applicant. Obviously, when different organisations and people are involved there will not be uniform delivery of service. The Department has set up a website and published a booklet in an effort to respond to the difficulties people encounter and to facilitate their access to support. I hope it is with the objective of ensuring that as many as possible can access their entitlements so that lack of funding or a grant would not be an impedi- ment to them taking up their course. The Minister said late payments will be a thing of the past, decisions on applications will occur within three weeks of the closing date and that the grant cheque will be in post within a month of starting the course. That is most welcome. This year there was an improvement with payments. There is enough negativity and criticism about the system to show the way forward to the VEC. Perhaps it could start processing applications as soon as they are received rather than waiting for the closing date. That way, if VECs required further information they would not be waiting until after the closing date to get it. In that way the process could move forward and be accelerated. The issue is access. The country needs people to avail of third level education courses to improve their educational standards. Members were given an extensive briefing on this Bill. There are some outstanding issues, however, relating to student costs. While the grant will never cover everything, it is certainly a help and, in many cases, it makes the difference between a student taking up a course and not doing so. However, in some courses, such as in the arts and the sciences, the student might require special goggles, clothing, equipment and so forth which means additional expenditure. These courses could be identified — the information is easy to access — and it should be acknowledged that not all courses simply involve the student listening to a lecturer or instruc- tor. Some courses demand additional expenditure. Child care for parents of young children can be an additional cost. A total of 22% of the student assistance fund within the institutes of technology goes towards child care. Cre`che facilities are essential for the parents of small children so they can be certain they will be able to attend their courses. Institutes of technology, post-leaving certificate course providers and universities are responding in terms of providing on-site facilities and there are cost reductions in those cases. However, the cost of child care should be taken into account when assessing grant levels. It is not mentioned specifically in the Bill but it is an important issue, particularly for mature students trying to improve their skills and employment prospects. There is no need to outline to the Minister the value of additional learning. With regard to residency, the Bill provides that if a person has not lived in Ireland for three of the last five years, they will not qualify for a grant. There appears to be good reason for this provision. In some areas of the UK fees have been introduced and we do not wish to encourage people to come to this country to claim a grant without having been resident here. I welcome the provision. I also welcome the provision relating to independent third level students who are over 23 years of age. Some students are financially independent. They might have been

612 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) working for some time and wish to return to education. The Bill recognises they were previously financially independent and that their parents’ income need not be taken into account. It is an important point. A Member spoke earlier about this issue. While students might have been travelling abroad and can demonstrate they were financially independent, they might not have had a full-time address. They might have been renting accommodation and using their parents’ address for correspondence. I am aware of people who have been refused a grant because that is their address and they do not have current rented accommodation. I hope the appeals process under the Bill will recognise this and come to a sensible arrangement when the person can demonstrate to the appeals board that although they are using their parents’ address they are financially independent, are eligible for the grant and will not be living in their former family home. The appeals process is welcome. Under the local authority or the VEC the regulations are very restrictive. It is not fair to expect an individual with a book of rules and regulations before them to go outside their remit; they cannot do it. It is important that if somebody has made a decision about a student’s application for a grant, the decision can be appealed. It is not to encourage fraud but to facilitate students and give them every opportunity to put their case in a positive light. There is a need to support postgraduates. We have moved on from talking about post-leaving certificate courses, and PHD, fourth level and postgraduate are terms we will hear more of in future. We have pitched ourselves as a knowledge economy, one based on developing knowledge and encouraging people to take up third and fourth level education. The strategy for science, technology and innovation has a target to double the number of PHD students by 2013. To study for a PHD can take four to four to five years, on average. That can mean students who have gone through an undergraduate programme and completed a PHD could be in their late 20s before they are ready for the employment market. Some of them will receive support during their studies and will be financially rewarded, either through the university or by industry. However, if we are serious about encouraging people to go to that level and about developing the term “fourth level” as a currency when we speak of education, then we must recognise that it costs money to reach that level. Fine Gael, as part of its election manifesto, proposed the introduction of a package of subsidised loans for PHD students. I ask the Minister to examine that proposal and consider introducing something along those lines because it is important. We need to encourage more students in the areas of science, technology and engineering. The take up of science and technology is woeful and is actually dropping. The take up in computing has dropped by 58% since 2000. The uptake in engineering is also extremely low, particularly electrical engineering. The number of undergraduates doing science is down by 5%, while the number doing computer science is down by 19% since 2000. The take up of maths and science at a high level is declining. While maths and science are not everything, they are extremely important for this economy. We must do more to encourage students to take up those subjects. We do not have a history of acknowledging science in this country. The Minister’s title refers to education and science but I would like to see much more emphasis placed on the science aspect. It is vital for our economy. Furthermore, people become interested in the subject if they are exposed to it. Science Foundation Ireland is doing excellent work with primary school students but does not provide full science courses. We must encourage science and ensure it is part of the curriculum. We should examine the possibility of making science compulsory at second level. Approximately 13% of students who completed their junior certificate last year did not study science. Therefore, if they did not take up the subject in first year, they are never going to do so. We must increase the take up in computers, engineering, science and technology

613 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Deirdre Clune.] at third level. At primary level, we are not giving science the emphasis it requires. A cultural change is required to develop science in this country. While the postgraduate and fourth level area may not relate directly to this Bill, it is an issue deserving of further debate. I broadly welcome the Bill before us. I support the VECs and for the student or potential student, the Bill gives a very clear message that there will be one authority dealing with grants. I hope the VECs will further develop the expertise they already have in communicating with students and making it easy for them to negotiate their way through the various grants available. I hope the introduction of the Bill will streamline the process for the applicants and ensure grants are paid on time and with a certain degree of reliability, for the benefit of students.

Deputy Michael Moynihan: I welcome the opportunity to speak on the Student Support Bill. Many issues have been raised in this debate, including that of attending third level colleges right across the spectrum. Broadly, I welcome the Bill. The Government made a commitment in 2002 to introduce a unified system for the maintenance grants for higher education. Many of us, as public representatives, know of the difficulties students have had in accessing grants and funding for college. The objective of the Bill is to bring forward a more coherent administration system which should facilitate a consistency of application, improve student accessibility and ensure public confidence in an awards system which delivers grants on time and to those who are most in need. We have prided ourselves over the past 40 years, and particularly since the introduction of free secondary education, in the amount of people who have attained a third level education. The numbers have increased dramatically over the past 30 to 40 years. However, we must try to ensure that we get the maximum number of people into third level, from all socioeconomic backgrounds. Those who are well off or come from a reasonably comfortable background are always encouraged to go into further education. Education has been one of the lifelines for poverty-stricken families across the country for the past 40 or more years. A good quality education is vital. We initially provided an excellent primary education. Now we have one of the best post-primary education systems in the world. This Bill deals with the support for further education and the unifying of the various strands of student support provision. As with many Bills brought before the House, Deputies will welcome the general thrust of the Bill and the debate thereon but specific issues will crop up from time to time. I wish to draw the attention of the Minister, the Department and the House to the issue of postgraduate students, particularly those coming from low and middle income families. Such students are often given a stipend by the third level institution they are attending or by a corporate body to enable them to pursue a postgraduate course. Such courses can take up to four and a half years to complete, as earlier speakers mentioned. I am aware of students who have been denied the postgraduate grant because when they went to college, they were given a stipend by the college or, in one instance, by an external company, to secure their place on a course. In one case, in order to facilitate early enrolment, a company paid the fees for a postgraduate course, even though the student in question was entitled to the postgraduate grant. The grant had not been processed and the company was concerned that the student would lose his or her place on the course. Fees were paid on the understanding that the college and student grant awarding body would adjudicate on the matter and find that the student was entitled to free fees and that the fees would be reimbursed. The fees were reimbursed, but because of the strict view of the Department and the body that was administering the student support grant, the student was denied the grant, which was very unfair. The fees were only paid to make sure that the place would be kept for the student. The

614 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) grant awarding body and the Department should recognise that the student should have qualified for the grant in the first instance and it should be paid retrospectively. This is one of the anomalies in the system and we should use this debate as an opportunity to raise such anomalies so they can be ironed out. Included in the vigorous means test for awarding the student grant is a clause on exceptional circumstances, such as a dramatic change in parents’ incomes, a death in the family or any other misfortune that could befall a family. We should encourage the swifter evaluation of any circumstances that change a family’s income. The Government should encourage those who are not progressing to third level to do so. There is a large variety of excellent courses and we should ensure that the maximum number of people go on to third level education. While our economy has become knowledge based through the education system, we must continue to grow the economy and ensure it stays vibrant. People have created and funded scholarships in memory of those who, for example, fought in the War of Independence or participated in the foundation of the State. For some time, a number of the scholarships have continued thanks to the voluntary efforts of local groups and organisations and stood the test of time. Many are geared towards postgraduate students because there is a reluctance among bright and able people who have spent four years or so in college to go on to further education. The scholarships will ensure fourth level education, an important area funded by the Government in its 2006 budget. Some of the scholarships have been awarded to people from low to medium income families, allowing them to continue to third level and postgraduate education and to do excellent research work for the State. It may be time for the State to recognise the voluntary contributions made by the community groups and organisations providing these scholarships. A key element of the Bill gives effect to the 2006 announcement that the State’s 33 VECs will be given sole responsibility for administering the student maintenance grant, thereby reducing the number of grant awarding bodies from 66 to 33 and providing for greater consistency of application, clarity and accessibility for students and institutions. This provision is contained in section 2 and addresses a shortcoming, namely, that bodies interpreted the legislation and rules issued by the Department differently. I welcome that the number has been reduced. For too long, the Government has been accused inside and outside the House of creating organisations and groups to administer the system. A Bill ensuring less bureaucracy is no harm. Section 7 makes transitional arrangements and the Bill includes provisions on reviews and inspections. It gives the Minister the power to make regulations regarding applications, including the requirement that an awarding authority give notice of its decision to applicants within a specific period. Each application for a student grant takes a long time. The majority of students who apply know they are eligible from day one, but accessing their parents’ P21 information and collecting other information poses a significant difficulty in getting a grant. While the awarding bodies have the discretion to accept applications on the basis of when the students go to college and what courses they are taking, there is an appeals board. Such boards have been established across the public sector, including by the Departments of Agri- culture, Fisheries and Food and Social and Family Affairs, which was probably the first body to do so a number of years ago. The boards have been excellent because they allow someone with a grievance or who believes that he or she was unfairly treated by the administration of the scheme, in this instance the student support scheme, to engage in an appeals process. The person can sit down before an independent appeals body or person and make his or her case.

615 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Michael Moynihan.]

While we can point to the appeals board of the Department of Social and Family Affairs as being successful, the Department of Agriculture, Fisheries and Food’s appeals body has done good work. Many people have taken decisions made by the Department’s officials to the board and made their cases, putting forward the human side of the situations. It is important that appeal cases be heard and that we continue to provide appeals bodies across the spectrum, not just in respect of student support. The Bill provides for the retention of the existing definition of “spouses” as married couples and co-habiting heterosexual couples, pending the review of the Department of a social welfare scheme for compliance with the Equality Acts. The Bill makes a change in the residential requirement for eligibility for maintenance grants from the current one-year residence to three of the past five years residence in the State to ensure persons applying for grants will have more established links with and better integration in Ireland. This change in the residency requirement addresses the risk of “grant tourism”, a key concern of the Department of Finance. Provision has been made for a temporary absence for study purposes in the EU on the basis that the student was ordinarily resident in the State before commencing study. Some Deputies have referred to the issue of students, mature students in particular, studying outside the State who would ordinarily be entitled to grants. When they give the awarding bodies their home addresses for information and correspondence purposes, it is assumed that they are not living independently of their parents. A clear provision should be made in the Bill. Many of the people who will go before the appeals board in the first couple of years will bring this type of case. When the awarding body is given one’s parents’ address as one’s home address and disqualifies one from the grant, it is important that some understanding be shown. Had we debated the Bill’s provisions ten years, 15 years or 20 years ago, the flexible provision in respect of people living outside the State for up to two years out of five years, allowing for a gap year and so forth, would not have been an issue. However, as Ireland has become wealthier, people have taken gap years to travel before returning to education. It is a sign of our prosperity that should be welcomed and a sign of the times. The Bill outlines the designation of approved institutions; these are important elements of this proposed legislation and important issues that emerged from the original legislation. We should welcome the transition arrangements and implementation plans that have been outlined in the Bill. Some courses are approved as level five, level six or other levels. In the agriculture sector, completed level six courses allow participation in various agricultural schemes such as those relating to installation aid, stamp duty and so on. People leave college at around 22 years of age and become eligible for these schemes between 28 years of age and 35 years of age. However, a course that was then a level six course may become a level five or level four course over time which will bar students from particular grants. A clear indication should be given that when a course is completed at level six, it should recognised as such, irrespective of subsequent changes to modules that may see the course shifted to a lower level. I know people who are experiencing difficulties in getting grants because modules or schemes were removed from courses, which led to the course being moved to a lower level. We should be clear about these little anomalies because public representatives see such things time and again and must smooth them over. Transitional arrangements will be in place regarding this Bill for the 2008-2009 academic year. I understand the Minister hopes to shortly announce the schemes for the forthcoming academic year; she will ensure service level improvement through the early provision of the schemes. Application forms for the 2008-2009 academic year are available on the Department’s

616 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) website and for information purposes hard copies will be made available through local authorities and VECs. To ensure adequate notice for potential applicants, officials from the Department of Edu- cation and Science will work with the national office for equity of access to higher education at national level and with the VECs at local level on an information campaign that can be rolled out when the Bill is enacted. The core objective of any change is to enable improvements in the standard of service provided to the 56,000 students around the country who are in receipt of grants. The grants help further the potential of students in higher education who are considering their futures. There have been significant changes in this area over the years, particularly in the level of participation in third level education. Young people from well-off families are more likely to go to college. However, many people went who into employment early in their lives are now returning to education — not necessarily to college but through partnership groups across the country — and this has effected great change in their family circumstances. They have greater self-confidence and self-respect. We congratulate the Minister on introducing the Student Sup- port Bill but we should remember those who are accessing education for the second time and encourage them in every possible way. I commend the Bill to the House.

Deputy Martin Ferris: I seek to share time with Deputy Higgins.

Acting Chairman (Deputy Jack Wall): Is that agreed? Agreed.

Deputy Martin Ferris: After years of a fragmented grants system that has led to late payments and utterly confused students and after long-standing, justifiable criticism of the current student grants system, I welcome the belated publication of this Student Support Bill. It should be acknowledged, however, that a considerable number of students have dropped out due to the delay in its publication. Due to the lack of something similar to this Bill, gifted young people have been unable to avail of a full education. The Minister for Education and Science has stated that the objective of this Bill is to modern- ise and rationalise the student support scheme. This would, she says, give effect to the programme for Government commitment to introduce the payment of maintenance grants through a unified and flexible grant payment scheme. Many have called for this over the years and I welcome its place in the Bill. The Bill aims to do this by replacing the existing four different grant schemes with a single unified system that sets out to streamline and simplify the process of grants applications. According to the Union of Students in Ireland, the Bill represents a substantial improvement and a major step forward for students who depend on receiving timely grant payments. While it is a welcome improvement, there is, unfortunately, little in the Bill in its current state that will have any great impact on students. Most importantly the Bill fails to centralise the grants system at a national level. This would be the best way to maximise efficiency. One of the major issues relating to the grants system is that of late payments to students. Very often students get into debt, work too many hours and under-perform at exams or drop out because they did not get the grants they were promised within the crucial first six weeks of the term. I doubt there is a Deputy in the House who, over the years, has not encountered students who dropped out due to delays in grant payments. The Bill seeks to transfer the administration of grants to the VECs, but whether this will solve the problem of late payments remains to be seen. It should aim to cut delays in grant

617 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Martin Ferris.] payments and cut administrative errors and I hope this is the outcome. The Bill should be a stepping stone towards the full centralisation of the grants application system. It should deal with the need to increase the amounts paid out in grants, which are currently far below what a person would need to support himself or herself, taking into account accommodation, of which there is no mention in the Bill, transport and other general living expenses. The maintenance grants scheme at present caters only for the day to day costs of pursuing higher education. It fails to take into consideration the often huge costs of course equipment and child care, something that too often represents a major barrier to access and participation, particularly for mature students, lower income groups and single parents. This has made it almost impossible for those in lower income groups and single parents to break free of the poverty trap. I am greatly concerned by the fact that the Bill does not address this matter. The issue of accommodation is hugely worrying and it is disappointing that the Bill makes absolutely no reference to it. It is a matter that continues to cause massive problems, especially for students studying far from home. For instance, at UCD’s Merville student residence, the current cost of accommodation stands at \3,953 for 38 weeks, from 4 September 6 o’clock to 30 May, not including electricity or meals. I doubt whether those coming from backgrounds involving unemployment and low incomes could avail of a full education, given such costs. A person will only be able to meet such costs if he or she gets a job next to his or her place of study which he or she can marry with his or her education. The costs are enormous. A huge amount of money is involved for any student starting out in third level education, often forcing them to take out a loan or take on a job outside college, which can damage their studies. Currently, nobody is taking responsibility for this issue. We are unclear whether it is a local government or a Department of Education and Science issue and that matter needs to be clarified. The Minister for the Environment, Heritage and Local Government, Deputy Gormley, promised to establish a task force to deal with the issue of student accommodation but this has not materialised. The House deserves to know why. The Bill makes no reference to part-time students of which there are 35,000 in the State. The Minister said they will be provided for through ministerial orders. We see no difference between full and part-time students and we do not understand why the Bill makes them distinct groups. It is an education and a facility that should be in place right across the board. In the programme for Government, the Government promised it would introduce a new system of means tested free fees for approved part-time courses which, according to the Depart- ment of Education and Science, would be piloted in certain areas in September. Why is this not included in the Bill? That is another deficit. The establishment of an independent appeals board is a welcome and progressive development and something which should gain support. However, the length of time a student must wait for the board to reach its decision is far too long. The 90-day period of deliberation is needless and excessive. A student simply cannot wait that long for a decision if he or she is that dependent. We see no reason that an appeal cannot be decided in three weeks or less. The Union of Students in Ireland raised this issue recently. Surely, as the main body of student representatives on this island, it should have been consulted on this major issue. If not, I ask why and call for the issue to be readdressedas soon as possible. As I have already stated, this Bill is a welcome improvement on the system in place. However, unless the issues I have raised are taken on board, there is little in the Bill that will

618 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) be of any benefit to students applying for a grant. While I welcome any efforts to address this serious problem facing students, I fear this Bill merely scratches the surface.

Deputy Michael D. Higgins: I, with others, welcome this Bill, for which we have waited five years since the original study on supporting equality of access to higher education was published in 2003. In welcoming the Bill, I feel there are ways in which it can be improved and fine-tuned on Committee Stage. These include, for example, responding to the representations of students on the phasing of payments, that is, paying a greater proportion of the grant at the beginning of the year when the costs and expenses are at their highest. One needs to look at the method of transfer of payments to students through the banking system. While I do not have the time to dwell on this, I felt that in the past banks have abused their relationship with students by, for example, using the names and addresses of students to send them pre-approved loans that had not been sought. That was a disgraceful abuse of a relationship between a bank and students. In regard to the entire bureaucracy, there will be strong support for what was and is Labour Party policy that it would have been better to have one centralised unit, perhaps through the Department of Social and Family Affairs, which could have, with efficiency, answered all the questions about income and dependency probably better and with more staff than other units. In regard to the appeals board, it is important that people from the students organisation are represented on that body. That would only be reasonable. I want to use this opportunity to reply to some myths that I think are extraordinarily dangerous in Ireland. I read a recent economics book which suggested that the abolition of fees had not had much of an impact on reducing social inequality. This statement is factually wrong. It is also incredibly dangerous in relation to the way people think. I was a member of the Cabinet, along with my colleague, Niamh Bhreathnach, that took the decision to abolish fees. It was an inspired decision as was the decision a long time ago of Donough O’Malley to allow access to second level education. At the time Niamh Bhreathnach was making her proposal and being opposed on it, people suggested it was not a progressive measure. The reality was that the highly literate and well-heeled who were opposing her were people who could have back to back covenants between each other, which were allowed at the time, and effectively have the equivalent of the abolition of fees in their little ingenious tax arrangements with each other. There were many people who had that arrangement. Unfortu- nately, the recent comments and the earlier comments about the effect of removing fees does not square with the published research. This issue was studied in England after 2005 when the fee system was changed. It shows there has been a drop of just under 2% of people from the lower socio-economic groups participating in further education. As well as that, a more recent study, which was referred to in the BBC News on 21 June 2006, was done on 10,000 teenagers, 7,277 of whom replied. Just over a quarter, 27%, said tuition fees made it less likely that they would go university. I was a university teacher in Ireland and, briefly, in the United States. Putting third level education on the horizon of children is incredibly important. One cannot judge the effect of removing fees in a five year period or in a particular year. The issue is whether it is on the horizon of expectation of a child. A young child will say he or she wants to a teacher, engineer, doctor or whatever. Those people who opposed the removal of fees simply did not allow for that kind of thinking. The effect of removing fees has to be judged over a longer period. Studies have shown that the removal of fees has lifted expectations. I turn to another group who are very important. It is time the nonsense of assuming that if one had not used one’s opportunities by the age 18 years, one had lost them for life. Commit-

619 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Michael D. Higgins.] ment to life-long education is a matter of rights. I remember people coming back to education. Let me offer an interesting fact from my own experience. I was teaching for nearly 20 years. If students who came to third level got as far as Christmas in the first year, they actually made it. That is crucial period when they are making a transition either from the world of work or from second level into a new and often different and strange setting. It is at that level, in the first term of the first year, that the greatest amount of counselling and support is required. The Minister of State shares a constituency in County Galway with me. Later I will raise another matter on the Adjournment concerning mothers in education. There are 60 mothers who are facing the closure of their scheme of funding. Since 2004, more than 200 mothers have gone through a scheme, one of whom is doing a PhD, evidence of which I heard on Saturday last. Another has finished a Masters degree and so forth. The interesting aspect is that if one allows young married mothers, young mothers under the age of 25 and poor people, to have access to education, one raises not only their expectations, their employability and their income, but also the expectations that will prevail in the family. Bad economics, poorly researched, that looks at the notion of whether the change has happened in a year or two years is nonsense. There is a right wing view that perhaps there should be loans. In the United States, most people who leave third level carry with them a debt that is greater than the average mortgage in Ireland. If some want to suggest this is reasonable, I ask them to consider the situation in New Zealand and Australia, where many New Zealand graduates emigrate to Australia to get out of the debt they have acquired in the New Zealand system. We must accept that participation in education is no longer a luxury but a necessity for one’s full development and participation in society. We must move towards trying to establish as much universal access as we can. In the time remaining, I would like to outline a personal view. I was horrified a year or two ago to hear the heads of universities — perhaps they needed to say this to promote a pay claim — suggest they were not so much heads of universities as CEOs of corporations. On another occasion, I hope I will have an opportunity to outline what I believe is happening in the universities, in particular in the area with which I am most familiar. I believe the quality of academic work is degraded by an imposed neo-functionalism. I went to university at 21 years of age and was the only member of my family who had that opportunity. I respect what a university is. One should not judge a staff member only by the amount of money he or she brings into a college. Staff should be assessed in terms of their ability to be a good teacher, to be able to inspire students, to get along with colleagues, to work as part of a research foundation or undertaking a piece of research that may not yield results for ten years. It is interesting what has happened in this regard at Oxford and Cambridge. Some of the drug companies, driven by shareholder expectations, have, by requiring that a product must reach the market within a period of three or four years, caused the demolition of some of the finest research groups for the simple reason that the leaders of the research groups wanted a longer time period. I am not making a case for inefficiency with regard to academic work but that one can destroy academic work by a stupid interference. Turning to the Bill, it is important that we eliminate as much of the bureaucracy as possible. It will be necessary to increase the numbers of staff working in VECs if they are to expeditiously deal with their new functions. In addition, it is nonsense to suggest one would have to wait 45 days for an appeal. It should be possible to do this faster. I often think of the time Members of the Da´il and Seanad waste in writing meaningless letters about appeals processes that are long, stupid and cumbersome. I would prefer if some Department considered the cost of all this. I strongly suspect that if 10% or 15% of all the

620 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) claims in all the different appeals systems were bogus, it would cost less than the bureaucracy we are operating at present. We need to make systems simple, we need to make our processes faster and we need to make the representation on the appeals board genuinely representative. As the Minister of State, Deputy Michael Kitt, is aware, certain subjects are not treated fairly in terms of the position of postgraduates. For example, if one wanted to take a doctorate in philosophy, one would not get additional funding but if one enrolled for a higher diploma in education, one would. These are absurd contradictions. Many Deputies have referred to the cumbersome nature of the residence requirements. I will conclude by referring to a tragic aspect of the Bill which I hope will be amended, namely, the position of migrants and refugees. I remember meeting the young representative of a group of unaccompanied minors in the charge of the former Eastern Health Board, who got the leaving certificate and immediately qualified for deportation. Even if that youngster had stayed in Ireland, he could never enter third level education because he would not have residency for three years. There is some capacity for discretion in the Bill and I hope it will be expanded on Committee Stage.

Deputy Finian McGrath: I welcome the opportunity to speak on the Bill. Before coming to the detail of the Bill, I ask the Acting Chairman and all Members of the Oireachtas to join me in congratulating my local club, St. Vincent’s GAA club, on its magnificent victory last Sunday against Crossmaglen Rangers.

Acting Chairman: That is not related to the Bill.

Deputy Finian McGrath: I raise this issue because it is a great tribute to the young people of the northside of Dublin who are making a major contribution to sports and GAA. I congratulate St. Vincent’s, who won the county final and the Leinster final before last Sunday, qualifying for the all-Ireland club final which takes place on St. Patrick’s day.

Acting Chairman: The Deputy is wandering.

Deputy Finian McGrath: I congratulate them on their magnificent victory. The Bill gives us all an opportunity to discuss in depth student grants, the role of students in society and the issue of the modern student compared to the student of 20 years ago and to consider in detail their views and concerns, to which many of my colleagues referred. We must also consider the changing role of students and the changing nature of education, particularly at third level. I welcome the major improvements in first, second and third level education in recent years. However, we must keep our eye on the ball to ensure that students at all levels are given a right to education and that finances do not get in the way. It is very important we do not go down the road taken by other countries where students must pay huge sums for education. Every Member of the Oireachtas must remain focused on this issue. We recently witnessed a great day for students with disabilities when a group of adult students with intellectual disabilities graduated from Trinity College, Dublin. This is how far we have travelled in recent years and it is important to recognise we have moved in the right direction. While we need to do more, the work has begun. As an Independent Member of the Oireachtas, I will ensure the issues affecting students and education are looked after in the next couple of years. The purpose of the Bill is to provide for a unified grant payment scheme. Such a unified scheme would replace the four existing schemes. The Bill aims to place all student support

621 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Finian McGrath.] schemes on a statutory footing for the first time. It provides for awarding authorities to administer student grants in line with the provisions of the Bill and any regulations that may be issued thereunder by the Minister for Education and Science, with the agreement as necessary of the Minister for Finance. Decisions of awarding authorities are subject to a right of appeal to an appeals officer in the first instance and then to an independent appeals board, which is important. The Bill also provides for the making of grants to enable people to attend higher and further education courses. It will provide for the processing of grant applications through awarding authorities and will permit appeals against their decisions to an appeals officer and subsequently to an independent appeals board. The most important point is that it will enable people to attend higher and further education courses. When one deals with education, one deals with the broader issues of society and tackles issues such as disadvantage and poverty. A person with an education gets a better chance in life, which we must all accept, defend and protect. This country has a long history of introducing radical changes in education, whether with regard to free education at second level, free fees at third level or Breaking the Cycle, which tackled educational disadvantage and to which Deputy Michael D. Higgins referred with respect to the period he was in power. These issues must be dealt with. Let us look at the details, particularly of section 2. The explanatory memorandum states:

Section 2 is the Interpretation clause and defines common terms used in the Bill. It defines ‘awarding authority’ to be a Vocational Education Committee. In assessing a person’s means, account is taken of the number of dependants they may have, and accordingly a definition of dependant is included in the Bill. The definition of the term “grant” covers maintenance and fee grants.

This is important in the legislation. It also states: “Section 3 provides for the expenses incurred by the Minister in the administration of the Act to be paid out of monies provided by the Oireachtas.” That is something we must do also. I referred previously to students with disabilities and we all have a duty to ensure they get the maximum support. The way forward is to identify and support their needs at a very young age so they can go through first level and second level, and I hope many of them will get to third level. This is important. I welcome the extra \50 million provided in the budget for disability services. This was another investment. These are issues I raised in my agreement with the Taoiseach. I especially welcome the provision of an extra \18 million for special education services, which is a major investment for people, particularly students, with special needs. I accept some of the criticism and I agree that more must be done. Many students have health issues. When I campaigned for cystic fibrosis services I met a group of students who have cystic fibrosis and are attending third level colleges. I was struck by their dignity and courage and their ambition to get on in spite of their health problems. I welcome the fact that we are beginning to move in this direction following a long debate. I also welcome the provision of \2.5 million for Beaumont Hospital. We need to finalise the dedicated unit at St. Vincent’s hospital which will provide individual rooms for cystic fibrosis patients. I have been asked to push this agenda by students with cystic fibrosis. These are important issues. I raised the issue of students in my agreement with the Taoiseach. I welcome the fact that, as per section 7 of my agreement, we will have 4,000 extra teachers in the next five years to meet the democratic demands to reduce class sizes. We will also see significant improvements in special education and more supports will be provided to tackle educational disadvantage——

622 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

Deputy James Bannon: That is wishful thinking.

Acting Chairman: Deputy, please.

Deputy Finian McGrath: ——and enable children with autism to benefit from a range of teaching approaches, including ABA, PECS and TEACCH, as appropriate. On the north side of Dublin we have retained the Greendale community school for educational use and will ensure no part of it is sold. That was a big battle in which we fought hard. I commend the people directly involved in that campaign. At one stage it appeared that Green- dale community school would be sold off but now it will be used as an education centre. It is now up and running and it also caters for children with autism. In the context of student supports it is important that we deal with the issue of disadvantage. The new Government and the reappointment of Deputy Hanafin as Minister for Education and Science offer an opportunity for a renewed focus on intervention strategies to overcome educational disadvantage. The question arises as to where are the gaps in the current interventions and what more needs to be done. I wish to put forward some key emerging needs relating to students which, I hope, will become policy areas. We need emotional supports and a mental health strategy for education in the context of socio-economic disadvantage. We also need a ring-fenced budget for designated disadvantaged schools for in-service training for teachers in the areas of literacy, speech and language development in early primary education and conflict resolution skills at post-primary level in particular. It is also important to draw up a national strategy for out-of-school services focused on areas of social and economic disadvantage. I call for the consistent availability of school premises after school hours to make the school a focal point for community education. People often ask for ideas and I am putting ideas on the record. We must provide an adult and community education strategy to develop future community leaders in the areas of socio-economic disadvantage and more representatives of ethnic min- ority groups, including members of the Traveller community. We also need a national strategy to develop the arts in areas of disadvantage, giving recognition to the role of the arts in removing fear of failure and for the integration of drama with literacy strategies. Another area that requires attention is an investigation of how nutrition needs affect school work. We need to open up the idea to ensure we see education as a way of tackling poverty and disadvantage. I put forward these sensible proposals. The explanatory memorandum states:

Section 4 provides for the funding of the awarding authorities. The Minister advances to awarding authorities such amounts as the Minister, with the consent of the Minister for Finance, determines for the purposes of expenditure by the awarding authorities in the performance of their functions. This section also permits the Minister to advance an amount or amounts to a person with whom the Awarding Authority has entered into an arrangement pursuant to Section 10(2) for the purpose of assisting the awarding authority in the proper discharge of his functions. Section 8 provides for a definition of approved institution. Subsection (1) sets out a number of educational institutions in the State which are deemed to be approved institutions. It also deems publicly funded institutions outside the State, but within the EU, to be approved institutions. It allows the Minister to prescribe higher education institutions within the State to be approved institutions. The Bill sets out a number of matters the Minister is to have regard to in making such a determination.

623 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy Finian McGrath.]

In the context of approved institutions, we should not be afraid to acknowledge the many magnificent state-of-the-art third level colleges in this country. Many people come from abroad to go to college here. On the north side we have DCU and the Marino Institute of Education, which is an excellent teacher training college in my constituency. I commend the magnificent work of these colleges. They bring radical new ideas into education and the constituency of Dublin North-Central. This is a progressive development and is worthy of debate. The explanatory memorandum further states:

Section 12 defines a student and sets out the nationality and residence requirements in the State that a student must meet in order to qualify for a grant. The residence requirement in the State to qualify for a maintenance grant will be three out of the last five years. In addition, the residence requirement will have to be met by the student him/herself. It also sets out certain categories of persons who are entitled to benefit from student grants, subject to the other terms and conditions of the schemes. It provides the Minister with the power to prescribe other categories of non-nationals [I have concerns about the use of that word; we should be using the term “foreign nationals”] that will be eligible for student support. It also defines a “tuition student”, which enables the provision of fees grants for approved courses in the State where a person meets a residency requirement in the EU/EEA or Switzerland.

I welcome the foreign national students who make a major contribution to our country and the much needed investment they bring with them. In the context of future planning for the economic development of this country we must not only ensure that education is seen as a right for every citizen but we should also focus on the potential it has to create jobs and develop in other countries. These are radical new ideas that should be examined in this technological age and in view of the changes happening here. An educated workforce is needed to keep the Celtic tiger going. We should focus on the people who are here who are willing to work and provide services. I strongly condemn the recent murder of a young Polish man and the assault on his friend. It is a very sad day for this country when two decent young men who came here to work for their families and who made a major contribution were attacked, leading to the death of one man. I offer my sympathy to the families of these men and to the Polish community on the occasion of this terrible crime. Sadly, people are making a connection between this crime and under age drinking. It has been said that the Polish men refused to buy drink for under age Irish people. What happened to those two young men is an absolute disgrace, particularly given that they were decent lads who were making a contribution to society. It should go on the record that all Members of the House are extremely upset and we offer our sympathy to the families of these two Polish men. I mentioned the negative aspects of some elements of our young people, but the vast majority of our young people and students make a massive contribution to this country and they have a vision and a future. I would like to see many young people and students develop their interest in political science in third level education and see them get more involved in politics and community issues. We have a pool of talent in this country and we need to bring fresh faces and new blood into Irish politics. I urge students not to sit on the fence but to get involved through their college student unions or local clubs and community groups. These are important issues related to this legislation. We discussed the significance of disadvantage among students. It is important we tackle disadvantage at a young age. The first way to tackle educational disadvantage is to get in at

624 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) pre-school level. I commend the projects that have started but we have much work to do. If we do not tackle it between the ages of two and four, before children enter primary school, the damage has been done and by the time children reach sixth class they are beginning to consider dropping out. In the past few days I have seen a number of reports that 80,000 students have missed over a month in their schools. That is a worrying trend. The responsibility is with families, but also with schools, to be more pro-student and proactive. Many students and schools in disadvantaged areas are making great strides to ensure their schools are inclusive. Inclusive schools make everybody welcome and teach everybody at his or her level. We must ensure and protect the quality of education in this country. It is linked to the debate on student support. The key point is that everybody here has a duty to support students. I welcome the developments of the past few days. As a member of and activist with INTO for many years I welcome the fact that ASTI, the INTO and the TUI are considering forming one big union. I wish them well in their talks because if there are 60,000 teachers in one big union it will be progressive for education, students and teachers. I wish them all well with their negotiations, particularly the general secretary of the union of which I am a member, Mr. John Carr. I hope they get on well. In the student community, when students enter third level those with a particular interest in disadvantage should be sought after in the first year, particularly those in the teaching pro- fession. I have done some talks in the Marino Institute of Education where I have addressed 200 or 300 students and 20% are always focused on and want to work in disadvantaged schools. They should be encouraged and supported all the way because they will make a significant contribution to society. A good teacher in a disadvantaged school makes a major impact. I have seen it after working in the north inner city for 25 years. I have seen top-class, quality teachers in very difficult situations doing a great job and saving many children from ending up in Mountjoy Prison. We must ensure these students are supported financially as well. To tackle poverty one must deal with education, housing and employment. There is a connection between those three matters. We have moved on but a section of society still has not and it is the responsibility of all Members of the Oireachtas and all those involved in politics to ensure they get a leg up, not necessarily a hand-out. The majority of people want to have their self-esteem and dignity, and the way to go about that is to ensure the education system works. When one meets third level students during visits to the Da´il and in one’s constituency one sees a big pool of talent in music, arts, industry and commerce, and we must develop that. Today we had a progressive meeting at lunch time with the Gay and Lesbian Equality Net- work, GLEN. We need to keep an eye on gay and lesbian students because they need to be protected and defended, particularly those who are often ostracised and come under pressure. I commend GLEN on the magnificent work it has done. I commend my colleagues from all parties who attended that meeting in Leinster House. It was an interesting meeting and it was great to meet the people. There is a connection with the students. We must protect gay and lesbian students and ensure they feel very much part of our society and our education system. I welcome the debate on the Student Support Bill 2008. It is sensible legislation. We must focus and ensure all our students are given the maximum support, particularly financial support.

Deputy James Bannon: I wish to share my time with Deputy Tom Hayes. The question is not so much how to administer third level grants but rather how much should the Government provide for students in terms of financial assistance. How can the Minster for Education and Science consider third level education as free when the so-called “registration

625 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

[Deputy James Bannon.] fee” stands at almost \1,000? I agree with Deputy Higgins that the registration fee should be examined. It should be removed because it is very unfair to students throughout this land. Many students pay the registration fee and do not even complete the first term of their courses. It is grossly unfair and must be addressed. What about the hidden cost of education? Books and specialised equipment can place certain courses beyond the means of lower income students. Issues such as child care, particularly for mature students, need to be considered as does the appalling anomaly of mature students taking part-time evening degrees, which cover the same subject matter as courses for day-time students but they are not eligible for free fees or maintenance grants. This is a serious issue that needs to be resolved. Aontas, the national adult learning organisation, received 3,485 queries in 2007 from adults wishing to access further or higher education, of which 24% were from learners looking for information on funding, showing the lack of ease of sourcing such information and the need to centralise services. Every autumn, students enrol in colleges across the country and many of them will not even be able to complete the first term up to Christmas as family circumstances make it impossible to maintain these young people in education. I know of several students, young boys and girls, throughout the country who have to take up part time jobs in public houses late into the evening to supplement their education in college. In the time of the Celtic tiger this should not happen. As we all know, the opportunity cost of a college education is the lost salary the young person could be earning for the three or four years spent in university or a college of education. Given the current level of registration fees, combined with the low level of grant aid, the opportunity cost plus current expenditure proves to be a burden that many low-income, and better-off, families cannot sustain. I support this Bill in so far as it seeks to unravel the complexity of the student grant application process. The streamlining and simplification this Bill will bring to the grant application process is a step in the right direction but I do not consider halving the number of grant awarding authorities from 66 to 33 to be necessarily a cause for the Government to glorify itself. Given the undeniable success of the Central Applications Office, CAO, it would have made much more sense to have taken this Bill a step further and centralised the grants process to maximise efficiency. Centralisation would lead to a perception of uniformity and fairness, speed up the payment of grants and eliminate administrative errors. However, this is only half the problem. What better time than this to look at the whole area of grant aid for third level students and perhaps an equitable system of student loans for those who do not qualify for grant aid? The UK and Australia provide loans for students to cover their college education, payable upon commencement of employment. Surely this would be to the advantage of students and their families who are not eligible for maintenance grants. Under the current system, an unfair and inequitable penalty is brought to bear on families whose income is just over the limit for grant eligibility, especially those with a number of children in third level. The Minister should imagine how a family of three or four students living and studying away from home can possibly survive if they do not qualify for grant maintenance and she should consider the appalling pressure on their parents. The high cost of the hidden extras of third level education, including living in cities such as Dublin where accommodation is even beyond the reach of many young people working in relatively good jobs, is a frightening prospect for many people. While it may not be sufficient in itself, a grant is some support to those who qualify. However, living in a rural area without a third level college nearby, remaining just outside the income threshold for such a grant and

626 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed) trying to provide the best education possible for a number of children is a nightmare for parents. This is where an interest-free loan system, something that would not be universally popular, would remove the pressure from parents and ensure that each child has access to a college education. While it is not ideal to face the future carrying such a debt, the lack of opportunity to access a good career is even harder to contemplate. Fine Gael is committed to a package of subsidised loans of up to \10,000, payable within four years of graduation, to postgraduate students. These loans would go a long way to advancing a student’s employability and would remove the burden from the family. Deputy Higgins spoke about bureaucracy and red tape in the system. There is much discrimination towards students who must wait 45 days for an appeal to be heard. That is grossly unfair and it does not help their studies. They must wait and endure hardship and bureaucracy, going back and forth to the Department to try to obtain answers. From time to time we must make representations on behalf of students so we are aware of the nightmare through which they must go. This is very frustrating for our students and the bureaucracy in our educational system leaves a very sour taste. At this stage, I acknowledge the wonderful contribution to education made over the years by Athlone Institute of Technology. I compliment the management and the staff there, who are doing an excellent job and are very proactive in the development of the midlands. They have worked with companies and businesses that come into the area and they educate people to meet the needs of employers. Abbott set up in my county of Longford recently and provided a good number of jobs. The company was proactive in helping to set up an education for people coming into the company who needed that extra bit of experience. Attempts are being made under the national spatial strategy to develop three cities in the midlands. There is a population of over 350,000 within a 30 mile radius of Athlone. It is time to look at a university for the midlands. It is a necessity at this stage. Students could drive to the university and they would not suffer the great cost burden of accommodation and so on. There is plenty of fine accommodation in all the towns of the midlands. A university would bring more to the midlands than a large-scale industry. It is something that should be considered. We are the only country in Europe with a midland region that does not have a university. I have no doubt Fine Gael will be in government in the next two to three years and we will strongly consider a university for the midlands. Several students and parents have approached me about this issue, so why not? Such a facility would be of huge benefit to students in the midlands. Deputy McGrath spoke a few moments ago about students who get involved in politics. This is very welcome, but there is a great number of students involved with Fine Gael in all the educational institutions. The Fine Gael Party is the real hope for the future. It is the party of honesty, decency and integrity and I am delighted that young people are coming in their droves into our organisation. Well over 200 members have signed up and many signed up in Dublin and in Athlone Institute of Technology. This is very hopeful for the future as they will be the politicians of tomorrow. When we have a united Ireland, hopefully Fine Gael will reign for two, three or four decades. The party had among its members the founding fathers of democracy in this State and they have accounted extremely well for themselves over the years. There is a bright future for students who sign up to Fine Gael. They will not be dictated to, they will be allowed to voice their opinions and they will be part of policy formulation within the party. They will have opinions in their own right. We do not concentrate on having too many spin doctors. We leave it to the individual to make up his or her own mind and this is something that is very welcome.

627 Student Support Bill 2008: 27 February 2008. Second Stage (Resumed)

Deputy Michael P. Kitt: Is the party recruiting in the North?

Deputy James Bannon: We are recruiting all over the country. If the Minister of State wishes to rise me, I will tell him that we are aligned to the largest party in the EU, the European People’s Party.

Deputy Michael P. Kitt: You have not answered my question.

Acting Chairman: The Deputy should use the Chair if he wishes to make a comment.

Deputy James Bannon: We had wonderful success in the last European elections and we are now the largest party in Europe.

Acting Chairman: We are moving away from the Bill.

Deputy Dara Calleary: What about organising up North?

Deputy James Bannon: We have very good, influential MEPs who are promoting education in Europe. I am delighted to see this happening and everybody can look forward to a better Ireland under the leadership of Deputy Enda Kenny. He will bring a new team, new energy and new ideas to the development of our country, which is badly needed. He would be a breath of fresh air for the country.

Deputy Dara Calleary: That was last year’s speech.

Acting Chairman: The Deputy must stick to the Bill.

Deputy James Bannon: I welcome the Bill, but we will be putting down a number of amendments to it. There are provisions in it with which we are not happy. We should look after people who are taking part-time evening degree courses. I would like to see such people facilitated in this Bill. I am not happy with the decision to halve the number of grant-awarding authorities from 66 to 33. I oppose this decision. Over the years, the two bodies which administer grants in County Westmeath in my constituency have competed to see which of them would issue grants first. Students are the only beneficiaries of such competition.

Deputy Michael Fitzpatrick: I welcome the opportunity to speak on the Student Support Bill 2008, which provides for a single unified statutory grants scheme to replace the four existing schemes and places the scheme on a statutory footing. I welcome the proposal to bring unity, clarity and efficiency to the entire provision of the student grants scheme. The Bill defines and clarifies common terms, while making extensive provision for appeals to an appeals officer and independent appeals board. These provisions will act as a guarantee that transparency and fair play will prevail. In awarding sole responsibility for grant payments to vocational education committees, the Minister has extended a vote of confidence in the capacity of VECs to deliver an efficient and effective service. As locally based statutory education authorities, I have every confidence in VECs to deliver when it matters, although I am concerned about the lead-in timeframe for introducing such a complex delivery structure. Public funding for attendance at approved courses by means of VEC student grants is an essential support to deserving students. It is also a recognition that further and higher education courses will play a pivotal role in meeting the State’s explicit objective of upskilling up to 500,000 people by at least one level on the national qualifications framework before 2020. Access to further education must be available to all on an equal basis if we, as a nation, are to

628 Broadband Services: 27 February 2008. Motion deliver on equal opportunity for all. The legislation underpins in law our commitment to support all deserving students in terms of upskilling, retraining and advancing educational qualifications. Given that educational programmes must remain relevant, I welcome the provision to keep courses under annual review. The ongoing review of the performance of the granting authorities will satisfy the need for public accountability and is a welcome element of the Bill. Over the years, much concern has been expressed regarding the rights of students to apply for grant aid. The Bill recognises the need to clarify recognition and residency rights. Moreover, it sets out the criteria for eligibility for a grant. This detail is also welcome as it affords clarity regarding a person’s rights of qualification. I am particularly pleased at the provision placing an obligation on all parties — the applicant, awarding body and Minister — to fulfil their respective roles and obligations. I am sure the basis of any appeal will focus on these particular provisions. While the penalties provided are harsh, this measure is necessary to ensure legal compliance with procedures and legislative provisions. As a former student, member and chairman of a vocational education committee, I have been involved in the VEC sector for many years and have every confidence in its ability to deliver grant support for students. I compliment the Irish Vocational Education Association, IVEA, and its general secretary, Mr. Michael Moriarty, who has had extensive negotiations with departmental officials to prepare for the implementation of the legislation, once enacted. I acknowledge the great work the IVEA has done over the years and look forward to the legislation delivering a 7 o’clock successful outcome that will result in an efficient and effective statutory scheme. I also acknowledge the important role public representatives, students and teachers have played in the administration of vocational education committees. I pay particular tribute to the key role played by parents and voluntary and statutory agencies. The Depart- ment, in transferring responsibility for the student grant scheme to the VECs, will be well served in future. I extend my good wishes to all those involved in the preparation and delivery of the Bill.

Debate adjourned.

Sitting suspended at 6.55 p.m. and resumed at 7 p.m.

Private Members’ Business.

————

Broadband Services: Motion.

The following motion was moved by Deputy Simon Coveney in Da´il E´ ireann on Tuesday, 26 February 2008: That Da´il E´ ireann, — recognising the growth in the numbers subscribing to broadband services, noting the strong enthusiasm of Irish consumers for broadband services when they are available and acknowledging the potential for next generation broadband; — recognising the vital importance of high-speed broadband connectivity for the economic future of Ireland, and accepting that Ireland currently rates poorly against our international competitors on speeds and bandwidth;

629 Broadband Services: 27 February 2008. Motion

— insisting on the need to adopt a highly ambitious approach to the rapid roll-out of next generation broadband, and on the need for Government to work with and complement private sector activity to maximise next generation access roll-out; — noting that copper wire infrastructure between exchanges and cabinets nationwide needs to be upgraded to fibre as a matter of priority; — noting improvements in backbone infrastructure, but also the need to continually build on capacity and promote competitive pricing; — noting the need for further investment in international broadband connectivity and the opportunities that exist in this regard; — noting the unavailability of any broadband service in many parts of Ireland, in particular in rural isolated regions; — noting the concerns that have been expressed about the potential success of the national broadband scheme; and — recognising the potential of e-Government services, but noting the findings of the recent Comptroller and Auditor General’s report in this regard; calls on the Government to: — deliver on its commitment to provide as a matter of urgency adequate broadband availability to 100% of the population; — set clear ambitious targets on average speeds, availability and penetration rates to be achieved within set timeframes in the short and medium term; — require the Minister for Communications, Energy and Natural Resources to report in detail to the Committee on Communications, Energy and Natural Resources every six months on these targets and on Government policy; — commit to commencing, as a matter of priority, the following specific steps to achieve roll out of high-speed infrastructure: — revise the terms of the national broadband scheme to require that it provide a minimum service of at least three megabits per second; — undertake an immediate audit of all broadband telecommunications infrastructure under public and private ownership nationwide, in particular an audit of all ducting infrastructure capable of carrying fibre optic cable; — consult with the regulator on achieving “open access” to all privately and publicly- owned ducting; — draw up a detailed plan for state investment to expand on existing infrastructure where market failure exists; — build and roll out open-access ducting in appropriate areas while coordinating with private and public sectors; and — immediately pass regulations to require telecommunications ducting to be installed to all new buildings, to require ducting to be installed in new road developments where appropriate, and to ensure that all ICT-related infrastructure is subject to fast-track planning rules; — finance pilot projects in the wireless sector to promote new technologies; — prioritise the provision of free Wi-Fi connectivity on all State-owned public transport systems;

630 Broadband Services: 27 February 2008. Motion

— ensure connection of next generation access to all schools and third level institutions as a matter of urgency, to complement the Department of Education and Science’s ICT in education strategy; — relaunch efforts to achieve an ambitious programme of e-Government services online, with a clear budget, targets and timeframe; — introduce a range of new measures to drive demand for broadband services and IT usage; — commission a feasibility study on how to expose elderly and immobile people to the benefits of next generation access.

Debate resumed on amendment No. 1. To delete all words after “Da´il E´ ireann” and substitute the following: Recognising that: — broadband is a key enabler of the knowledge economy and a driver of balanced regional development and social equity; — Ireland has experienced the fastest growth in broadband penetration in the OECD in the last year; — broadband in Ireland is now offered over a multiplicity of platforms including fixed, cable, wireless and mobile networks; — a variety of companies offer numerous broadband products in the Irish market at a range of speeds, at different price points and aimed at all market segments including small medium enterprises (SME) and residential, indicating a strong market dynamic; — the Commission for Communications Regulation now has significantly enhanced powers under the Communications Regulation (Amendment) Act 2007, to enable it to enforce regulatory obligations; — agreement has been reached on local loop unbundling; — an innovative approach has been taken to wireless broadband licensing, with the higher take up of mobile broadband solutions in Ireland and our potential to promote greater access to spectrum for wireless broadband services; — there have been significant improvements in backhaul availability and pricing in recent years; and — high-speed broadband connectivity has vital importance for the economic future of Ireland, and acknowledging the potential for next generation broadband; commends: — the Government for its positive interventions, such as supporting the construction of metropolitan area networks, through investment of \175 million for networks built or under construction in 93 regional cities and towns and providing capital grants under the county and group broadband scheme; — the Government for the initiative in bringing broadband to almost every school in the country under the schools broadband programme; and

631 Broadband Services: 27 February 2008. Motion

— the planned national broadband scheme, which will facilitate the delivery of scalable broadband services to those areas in Ireland where it is currently uneconomic for the telecommunications sector to provide broadband connectivity; notes: — the work of the Minister for Communications, Energy and Natural Resources in the preparation of a policy paper on next generation broadband (NGB) to establish a framework for the development of access to next generation broadband services; — the purpose of this paper is to set out a clear policy framework for the roll-out by the private sector of NGB at an ambitious level and how Government action will support and complement this; — the establishment of an expert international advisory forum on next generation broadband to advise on the proposed approach; — that the Minister for Communications, Energy and Natural Resources intends, following the consultation with the advisory forum, to circulate the NGB paper for consultation with stakeholders with a view to urgently finalising the policy framework; and — that the Minister will engage with the Oireachtas Joint Committee on Communi- cations, Energy and Natural Resources as part of the consultation process on the NGB paper. —(Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan). Deputy Thomas P. Broughan: I wish to share time with Deputy Sherlock.

Acting Chairman: Is that agreed? Agreed.

Deputy Thomas P. Broughan: I am delighted to contribute to this important debate on Ireland’s broadband infrastructure. It is disappointing that we are having this debate once again. Standing up and telling Ministers how bad broadband roll-out has been seems to be an annual event. It is ironic that during the previous Da´il, the Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, sat on the Opposition side of the House, along with Deputy Coveney and myself, as a spokesperson on communications. If the Minister had listened from these benches to the speech he gave last night, he would have been extremely disappointed. It is often stated that in this sector, the regulator acting in the interests of the incumbent telecommunications company is due to regulatory capture. The Minister seems to have been subject to departmental capture. We see Ireland’s continued poor showing on the OECD international broadband league tables and other calculations. Last night, we heard the Minister dispute the findings of these reports, which seems particularly petty and disingenuous. The Minister stated that he had established an international advisory group to tell the Department what needs to be done to achieve national broadband roll-out. He will spend approximately \50,000 and will have a one-day briefing session on it. Most of what needs to be done is well known to the Department, Eircom and other operators and we simply need to get on with it. ComReg has recorded approximately 800,000 broadband subscribers in the country. However, the rate of increase remains far too slow. We could have expected a natural increase as the usage of broadband and IT continues. It is demoralising to find the latest OECD figures

632 Broadband Services: 27 February 2008. Motion put us in 22nd place out of 30 states. Portugal is the only one of the old 15 member states of the EU which ranks lower than Ireland. This is why we find many distinguished communications business people such as the managing director of eBay Ireland, Mr. John McElligott, stating frankly that he is comprehensively disappointed by what has been achieved in broadband roll-out to date and highly concerned about the future. He is embarrassed to tell his peers in Europe and the United States of the poor levels of broadband in this country. A key criticism which the Minister had in the previous Da´il when he was in Opposition was of the metropolitan area networks, MANs. He repeatedly told the then Minister of State at the Department of Enterprise, Trade and Employment, Deputy Michael Ahern, and the former Minister with responsibility for communications, Deputy Noel Dempsey, of the need for an early cost-benefit analysis of the MANs because while optical rings were being run around towns in the Dublin region, nothing was being achieved for ordinary households or businesses or for lower income groups. We will spend up to \175 million on the second phase of this project. The need for this arose because of the botched privatisation of Eircom, for which we still suffer four or five Ministers later. We will have a great deal of expenditure on a second shadow national telecommunications network which, in many parts of the country, is a white elephant. What will the Minister for Communications, Energy and Natural Resources, Deputy Ryan, do about the MANs? He has been Minister for nine months but has achieved little. The national infrastructure network roll-out needs firm leadership by the Minister. In the UK, under the former Prime Minister, Mr. Tony Blair, a supremo for broadband roll-out was appointed and the British got on with it and greatly improved their ratings. We have not achieved this. The group rural broadband scheme was abandoned after a substantial amount of money was spent but little was achieved. The Minister is a great disappointment when compared with his role as an Opposition spokesperson.

Deputy Sea´n Sherlock: In the five minutes allocated to me I will do my best to cover the issues I feel are pertinent. I welcome the opportunity to speak on this motion and to support it unequivocally. I wish to address a number of general points relating to the national broadband scheme, the lack of roll-out of broadband to rural areas and the need for the Government to adopt a universal service obligation similar to that which exists for postal and telephony services. With regard to a universal service obligation, on 7 February last I received a letter from the Commission for Communications Regulation following representations by me on the issue of inadequate or no broadband provision in villages such as Ballyhooly and Glanworth. I speak of these villages because they are typical of many rural areas throughout the country. I was told in this letter that ComReg imposed certain obligations on Eircom but these obligations stretch only to the rights of a citizen to a functional telephone line, capable of carrying voice and data over 28.8 kbits. While this obligation might have satisfied the Ireland of 20 or even ten years ago, it no longer goes far enough in terms of providing adequate telecommunications to the Ireland of today. Universal service obligation broadband must be enshrined in legislation as an entitlement. The politicians of my parent’s generation made representations on matters relating to the provision of telephones when no one could get access to a telephone line. Politicians of my generation make representations on the issue of broadband, when parts of this country are bereft of what is now considered an essential service. That people of my generation are being told that next generation networks are being rolled out when people living beyond the Pale

633 Broadband Services: 27 February 2008. Motion

[Deputy Sea´n Sherlock.] are still using dial-up and can only rely on that narrow bandwidth is a joke when the average modem for a computer is 56 kbits.

Deputy Simon Coveney: Hear, hear.

Deputy Sea´n Sherlock: A regional disparity exists and it has a negative effect both socially and economically for those living in rural areas which are not covered. The admission by ComReg that a universal service obligation applies under EU regulations only for the provision of telephones and not in respect of broadband belies a serious flaw in the system. Every citizen should have an entitlement to broadband in the same way they have entitlement to an operational phone line. Consequently, I propose a review similar to that carried out by the Euro- pean Commission in 2005 which would result in a legislative change and give a voice to the thousands of people living in rural Ireland denied access to what is an essential service by today’s standards. The broadband availability map found on the Department’s website simply does not reflect the situation on the ground. I would go so far as to state the map is largely a work of fiction and so would many of my constituents. There is a glaring disparity between those who will eventually be able to avail of the next-generation networks and others, many of whom I represent in a mixed urban and rural constituency, who must still dial up for Internet access. There is an inequality at play here. The criteria laid down in the national broadband scheme must ensure there is 100% broadband coverage. The Minister must ensure those white areas depicting no coverage on the departmental map will have broadband access by June 2008. Broadband access is a right in today’s Ireland.

Deputy Michael Lowry: I wish to share time with Deputies Collins, O’Connor, Nolan and Dooley.

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

Deputy Michael Lowry: I welcome the opportunity to speak on the vital issue of broadband services. It is obvious that an adequate broadband service is an integral component in ensuring the ongoing viability and sustainability of rural communities. Modern broadband is central to promoting entrepreneurship and developing a knowledge-based economy. While progress has been made on broadband roll out, extensive areas of north Tipperary, such as Templederry, Moyne, Rear Cross, Silvermines and Toomevara, still remain without this vital service. We have a duty and responsibility to ensure both the Government and private service providers guarantee these communities are connected at the earliest possible date. Lack of employment opportunities in our towns and villages mean that countless people must endure a daily long-distance commute to and from work elsewhere. This, combined with the stresses of modern life, has eroded many people’s quality of life. With changes in technology and communications, more people are able to work and run businesses from home. Broadband is central to providing this lifestyle alternative. Broadband Internet connection is vital in maintaining the competitiveness and attractiveness of the north Tipperary economy. Being able to communicate electronically at the fastest possible speed will ensure places like north Tipperary will be an attractive area to invest in for both foreign and indigenous companies. Having broadband access will enhance the regions for foreign investors. Broadband can, and will, play a significant part in securing future economic growth. The availability of high quality information technology is important in supporting industry and jobs.

634 Broadband Services: 27 February 2008. Motion

For some inexplicable reason, Thurles was omitted by the Department of Communications, Energy and Natural Resources from the second phase of MANs roll-out to enable the provision of high-speed and competitively priced broadband services. I am pleased that, in return for my agreement to support the Government, the Department is now committed to prioritising the construction of a MANs in Thurles which will include a link to the Archerstown industrial estate. The presence of this network in Thurles will make it feasible and commercially viable for licensed operators to offer the latest broadband services to businesses, commercial interests, public services and other users. It will ensure Thurles is on an equal par with any other town in Ireland and the world for broadband provision. I welcome the initiative by the Minister for Communications, Energy and Natural Resources to prepare a comprehensive paper on the provision of next-generation broadband options. His initiative with the national broadband scheme promises Government aid to ensure broadband for all unserviced areas by the end of 2009. His policy initiatives, however, must take into account new and developing forms of broadband technology with the excellent opportunities they present. Technologies such as WiMAX and mobile broadband have made significant advances in recent times. I urge the Minister to grasp the opportunities offered by these alterna- tives and initiate Government pilot schemes to assess their viability. I will put forward to the Minister communities in north Tipperary that would be ideal locations for the testing of such types of broadband.

Deputy Niall Collins: I thank Deputy Lowry for sharing time. This is an important motion and the more debates, both in and outside the Chamber, on the roll out of broadband, the better. I am open to another debate several months from now to monitor the progress made on broadband roll out. If a survey had been conducted of Members during the general election, the availability and roll out of broadband services would have emerged as a common theme and the most frequently raised issue on the doorstep. I have been critical of Eircom in this regard. I have publicly called on the company to improve its performance in broadband roll out on many occasions . So much so, its chief executive officer, at his request, met with me recently. The meeting, along with some of his staff, was informative. While I have been critical of the company, it is taking a proactive policy and offering to engage as much as it can with public representatives from all political parties. I found it had an open-door policy and was helpful. Recently in the parish of Kildimo, the offices of the community council organised a door-to- door survey asking if parishioners would take up broadband if it became available through Eircom. From this it was able to assess the potential take-up which was then presented to Eircom. On foot of this, Eircom agreed to prioritise the availability of fixed-line broadband in Kildimo. At our meeting Eircom pointed out other areas of the Limerick West constituency, such as Fedamore, Kilfinanne, O’Brien’s Bridge, Cappamore, Hospital, Knocklong, Ballylanders and Elton, that will be prioritised on foot of representations made by local community organisers. While we are rightly critical of Eircom, we can work constructively with it to raise its performance level. Public private partnerships, PPPs, are very much underutilised. Limerick County Council recently introduced a new initiative where it will enter a PPP with a wireless broadband provider to make available water towers in the county as transmission towers. Some 12 wireless providers expressed an interest when the council first advertised the proposal. Some 57 water

635 Broadband Services: 27 February 2008. Motion

[Deputy Niall Collins.] towers will be made available to the preferred partner, which will have exclusive use of them for 18 months. It is hoped the scheme will provide blanket coverage to the county. Other local authorities could follow suit on the lead taken by Limerick County Council. The Shannon Development Company has been proactive in providing a MANS for Newcastle West. I will be glad to participate in a debate in nine months to measure the progress that hopefully will be made broadband roll out.

Deputy Charlie O’Connor: I welcome the opportunity to make a brief contribution to this important debate. I compliment, as is traditional — I mean this sincerely — Deputy Coveney and his colleagues for putting down this motion. I am often sensitive about mentioning every street in Tallaght during a debate. Listening to my colleague from west Limerick and other speakers mentioning every townland in their constituencies, I am now not so afraid. I am charmed that so many heavy hitters from the Fine Gael Party are in the Chamber to hear my brief contribution, including two future leaders of the party. I am happy to——

Deputy Pat Breen: I thought it was one.

Deputy Charlie O’Connor: I said at least two. It could be three.

Deputy Leo Varadkar: We will have a split.

Deputy Noel J. Coonan: Which ones is the Deputy excluding?

Deputy Pat Breen: Is the Deputy excluding me?

Deputy Simon Coveney: Maybe it is me.

Deputy Charlie O’Connor: I said at least three. It could be all of the Deputies.

Deputy Simon Coveney: Is he our future leader?

Deputy Noel J. Coonan: Leadership is on the Deputy’s mind.

Deputy Charlie O’Connor: No, it is not. There is no contest in our party.

Deputy Simon Coveney: We have no leadership considerations in our party at the moment.

An Leas-Cheann Comhairle: Allow the Deputy to continue without interruption.

Deputy Charlie O’Connor: I thank the Leas-Cheann Comhairle for protection. I know Deputy Coveney was making a political point when he put down this motion, but it is important that we take the opportunity to deal with such issues in Private Members’ business. I would not wish my colleagues to think that those of us on the Government benches do not want to contribute to the debate on the roll-out of services and be a little critical when we have to be. We are always happy to do that. Deputy Collins mentioned the last general election. That was 286 days ago and all of us have become involved in different issues since then. I will talk about Tallaght and Dublin South-West for a minute. On a previous occasion, before the election, I prevailed upon Deputy Noel Dempsey, the former Minister for Communi- cations, Marine and Natural Resources, to come to Tallaght to visit some of my own local schools in Fettercairn, including St. Anne’s school and St. Mark’s junior and senior schools in

636 Broadband Services: 27 February 2008. Motion

Springfield estate where I live. The Minister saw for himself the worth of the schemes that are in place. I often mention that I come from a different generation in which we were lucky that the teacher had a little bit of chalk. Those are bygone days in Dublin. Now one can go into one’s local school — I am sure it is no different in Wexford or anywhere else — and see the progress that has been made. There will always be gaps and criticism of the facilities provided, but there has been much progress with regard to broadband and the use of computers in our schools. When one talks to the local principals, which I do on a regular basis, they are always eager to point out that the more resources that are available the better. I know some of this falls within the remit of the Department of Education and Science, but we must continue to exert pressure to ensure that these services are properly resourced and rolled out. I am sorry the Minister for Communications, Energy and Natural Resources is not here because I wanted to take the opportunity to congratulate him on his efforts in this regard. I do not want to be more parochial than anyone else, but I hope he will shortly take the opportunity to come to Dublin South-West and visit Tallaght. There are a few Green Party voters out there so he would be very welcome. He could then see for himself what is being achieved in our local schools. I visit schools throughout Dublin South-West on a regular basis and I see the excitement and enthusiasm that young people bring to the classroom nowadays, although it is a different generation to mine. My little granddaughter is able to access information on computers. I know this raises issues of safety and we should be careful. However, what happens in our classrooms nowadays is very positive. People can access all sorts of projects, information and programmes every day of the week. I am glad this is being done. I am also glad that school principals are saying that the roll-out of broadband under the Government programme has been positive. However, I am not afraid, as a Government Deputy, to make the point that this must continue. Again, I do not want to be too parochial, but I will make one point. The need for advances in technology and to ensure that young people coming out of primary school and later education are conversant with computers was brought home to me recently when jobs were lost in the Jacob’s factory in Tallaght. People made the point that we must continue, as an economy, to attract first-class jobs other than in the manufacturing sector, although I know there is much debate about this. In my generation students did not have be conversant with computer technology when they left school. In fact, we did not know what computers were. They were still far into the future. However, now we must ensure that this is the case. I am happy to support the Government amendment.

Deputy M. J. Nolan: It is important to note that an up-to-date communications system is critical for the continued economic and social prosperity of this country. Our discussion of this subject is timely. We have made great strides in the quality of broadband services throughout the country, but we must be honest with ourselves, on all sides of the House, and admit there have been shortcomings in the service. There are black spots. I do not think there is a constituency in the country without problems. Since everyone else is being parochial, I will be too. As late as today I had calls from constituents in Grange in County Carlow and Goresbridge in County Kilkenny — two rural communities — from individuals who feel they have been let down by the Department in the roll-out of broadband. I was glad to hear the Minister confirm last night that the provision of a broadband service is a major priority for this Government and that he will continue to invest significant resources in ensuring that those black spots are addressed. It is also important to note that an estimated 1 million customers across six platforms are now in receipt of a good-quality broadband service. Of our five mobile phone providers, three offer mobile broadband. It is also important to acknowledge the success of the metropolitan

637 Broadband Services: 27 February 2008. Motion

[Deputy M. J. Nolan.] area networks in our towns. Phase two, which will extend the service to 27 more towns, is currently in progress. In my own town of Carlow, if it were not for the significant investment in the provision of a high-quality broadband system by the Department of Communications, Energy and Natural Resources in tandem with the local authority, we would not have been successful in attracting significant foreign direct investment over the last six months. Without this first-class service, it would have been difficult for domestic and local industries and commercial operators to continue to operate competitively. It is also important to consider the provision of broadband from the point of view of commut- ing. We are all interested in our carbon footprints and so on. If we had an acceptable level of service throughout the country we could make great strides in ensuring that many more people could work from home. They would not have to take their cars to their places of employment, causing congestion on the roadways. We have invested a lot in our infrastructure. I would like to see the continuing success of decentralisation and that can only happen in areas with a high- quality broadband service. Local authorities have also benefited from investment in this area. Eircom has been singu- larly unhelpful in dealing with many of the problems involved in the provision of broadband services. In my communications with Eircom, it certainly could have done far better than it is doing. For example, I know of two houses side by side in a town of which one house can get broadband with no difficulty, while the subscriber next door cannot. I am talking about people in their 50s or 60s who may not be technically qualified to understand the details of why they can or cannot get a service. Eircom could do a lot more, on the PR side, in trying to explain the difficulties it is encountering in the provision of services. By the end of this month there will be almost 800,000 subscribers, which is a sixfold increase on four years ago. We may have had a slow start but we are now growing rapidly. I wish the Minister and his Department continued success.

Deputy Timmy Dooley: I welcome the opportunity to contribute to this debate. The Minister gave a clear and concise policy statement on broadband yesterday evening in which he set out the future of broadband services and provided an understanding of where we have come from. I will not stand here and suggest that all is rosy in the garden and that everything that should have been done has been done. That is certainly not the case. There is little doubt that there is still a large deficit in broadband throughout the country. There is no point dwelling on the past other than to learn from it. I am grateful for the Minister outlining how he sees the challenge in the future and how he plans to resolve it. We must take the information, recognise the problem and find a way through it to improve broadband. Other speakers have set out why we must improve broadband and infrastructure. The competitiveness of our economy will be largely dependent on our capacity to develop the knowledge economy we spend much time talking about. I am not sure we spend as much time implementing it. Broadband infrastructure is critical in terms of our competitiveness. At one level it is critical in terms of foreign direct investment. Everyone talks in terms of new technology but the truth is that broadband is available to these companies because large commercial, industrial or manufacturing operations can get access to broadband, through satellite or in other ways, because they have such magnitude. The cost will not prevent them receiving it. The difficulty is the lack of broadband for SMEs, particularly small family run businesses in rural areas. These are the businesses that give the greatest level of employment in the economy. Our focus must be on those companies rather than large multinationals. For reasons of size

638 Broadband Services: 27 February 2008. Motion and scale the latter are usually located in areas where high quality broadband is available. We must target SMEs. As other Deputies have mentioned, we must consider those who wish to work from home and have a different work experience to that of previous generations and those whose liveli- hoods are concentrated in the home. Deputy Breen is familiar with the Shannon Development concept of e-towns. They have identified a small village in west Clare where work-life units are being built. These will be enabled with high speed broadband so that people can live and work in the same complex. In order to do so one needs higher penetration of broadband, thereby allowing people to continue their lives in rural areas. We must concentrate on areas that are effectively dark at present. Those of us who represent rural constituencies are aware that one of the most consistent issues in rural areas during the election campaign was the lack of broadband facilities. Efforts were made to deal with this in the past but Eircom was less than helpful. It effectively tried to compete only where another competitor appeared. The community broadband scheme, enunciated and delivered by the last Administration, was very helpful and worked very well in some rural areas. It did not work so well in others. It is unfortunate that when a rural broadband community scheme was about to be rolled out, Eircom enabled the local exchange after sitting on its hands for many years before. These are the laws of commerce but I thought it would have concentrated on other areas and worked in co-operation. It will be beneficial to all service providers when everyone has access to broadband. Eircom has not played its part but took a leisurely approach to rolling out the service. Engineers in the telecommunications sector tell me that many exchanges are upgraded at present and it would take very little to roll out the service. However, Eircom is holding back in an effort to retain a dominant position, which is not helpful. There is a reasonable level of service in some of the urban areas such as Ennis and Shannon. There is also a metropolitan area network in Kilrush but we need to move to the next generation with higher speeds to provide SMEs with the most up to date information technology and a faster service. We do not need the same level of bandwidth in the rural areas but we need an effective service that will meet the needs of the diverse community. I welcome the fact that Eircom has rolled out the service in Scarriff and proposed to do the same in Feakle by the end of the year. While helpful, that is not as fast as it should be. The national broadband scheme, announced by the Government and which the Minister referred to in detail, will be helpful in filling the gaps that currently exist in the network. The quicker we can get to a position where every household can access broadband, the better. This is not the endgame but a primary objective. Then we must move to the next stage, with higher speeds and lower costs, along with the roll-out of new technology to enable people to develop home life, business and communities through access to enhanced technology and higher speeds. This allows people to carry out their business successfully. Other Deputies referred to the eTeams company in Scarriff, which is involved in translation of various languages for customers throughout the world. It is situated in a small village and through the use of broadband it allows people to work from home. This is the essence of the SME that we must support through the roll-out of broadband. Service providers must play a more important role. The Minister stated that we have six platforms but, unfortunately, the company that owns the local loop has been less than forthcoming in the unbundling of the loop. While there has been development, there is still no effective competition. The lack of competition is stalling the roll-out of the service. If we are serious about this we must find a system to allow this to happen quickly.

639 Broadband Services: 27 February 2008. Motion

[Deputy Timmy Dooley.]

The benefits are clear to see, particularly in terms of maintaining rural life in changed circumstances. Rural life no longer supports people living and working off the land or working in local manufacturing plants. People must do business in the electronic format, as well as conducting their personal business in this way. Some of the back to education programmes show how elderly citizens use the Internet and computers to do their personal business. Figures on the uptake of broadband show that it is not just the younger population who use broadband but also people who have retired and are undertaking back to education programmes. I am delighted we had one of the fastest per capita growth rates in broadband subscription in the year to September 2007, according to the OECD. By the end of the year, we will have 900,000 people connected but we must continue this.

Deputy Noel J. Coonan: I wish to share time with Deputies Varadkar, Crawford, Hogan, Terence Flanagan, O’Mahony, Breen, Sheehan and Bannon.

An Leas-Cheann Comhairle: That is agreed. There is a tight time limit on the speakers.

Deputy Simon Coveney: We will rely on the Chair.

Deputy Noel J. Coonan: I welcome the Minister of State, Deputy Killeen, and wish him well in his Department. Speaking about the end of the year returns for Shannon Development last January, the chief executive, Mr. Thompstone, said that to be truly competitive in the knowledge based economy, Ireland must have ultra high speed broadband available in every part of the country. Clients from major international corporations, he said, will not wait a few years for the private sector to provide a vital piece of communications infrastructure but will simply vote with their feet and go elsewhere. The chairman of ComReg said that Ireland’s broadband is two years behind what is available in other EU countries. Clearly we are playing catch up. There is an urgent need for investment in this area to bring Ireland into line with other countries. However, I am not sure that urgency is evident from the Government and its policies, despite the fact that this industry was worth \4.65 billion in 2007 in revenue to the State. In fact, the opposite appears to be the case with regard to investment in broadband. The Minister, when he was appointed, immediately took \10 million in capital funding out of broadband to allocate it to another area under his control. The telecommunications regulator, ComReg, which is funded from fees and levies it imposes on the industry, had a surplus in 2005 of \8.5 million and of \13.5 million in 2006. That is a total of \32 million of investment taken out of broadband. This problem must be addressed. Fine Gael has outlined urgent proposals and I urge the Minister to take them on board and work with us to ensure a better service for the country. Other speakers have been parochial in their contributions and I intend to follow suit. It is inexplicable that the provincial town of Thurles was left out of phase II of MANs. I had correspondence from the Department today which suggests that Thurles will be considered for the next phase, along with 30 other towns in the final roll out of broadband. Whatever price the Government is paying Deputy Lowry for his support, I call on the Minister to clarify this as the Deputy and I are at one in believing that Thurles urgently requires broadband. Accord- ing to the map provided by the regulator, north Tipperary has virtually full coverage but that is wrong and should be amended to identify the areas that cannot be served by Eircom or other providers. If it is wireless coverage, the wireless companies should be allowed to move into the area and be specific about what they can do. A number of exchanges are due to be upgraded. I tried to find out the timeframe for the upgrading. Areas such as Gortnagoona, my local area, and Gortnahoe, at the other end of the

640 Broadband Services: 27 February 2008. Motion constituency, are due to be upgraded but Eircom could not tell me when it would happen. It only said it will be done by 2009. However, the company also said it could not guarantee broadband to anybody living in excess of two kilometres from the exchange. This gives rise to a number of issues. If the Government put the same emphasis on and investment into the delivery of broadband as it has into the failed decentralisation scheme, it would provide a far better quality of life for people in rural Ireland by allowing them to live and work there and do away with two of the major costs to employment, child care and transport. There is a duty on the Government to provide broadband to everybody in Ireland, particularly in rural areas, and avoid creating a rural-urban divide.

Deputy Leo Varadkar: I thank Deputy Coveney for bringing this issue before the House. I commend the motion. A number of Deputies have discussed the availability of broadband in rural areas and I have had many conversations with them about it. Deputy D’Arcy, for example, told me that in parts of north Wexford it is impossible to get broadband. When one considers that this area lies on the Rosslare to Belfast axis, the key economic hub of the country, it is incredible that there is no broadband access there. When I visited the Athlone Chamber of Commerce and met Senator McFadden, she told me that during the election campaign the lack of access to broadband was the main issue in north Westmeath. The situation is that bad. If the Government is seeking a historical precedent for managing this, it should adopt the same approach to broadband availability as was adopted to rural electrification, which means every town and every village with no exceptions. I do not intend to be parochial in this debate. As the Fine Gael spokesperson on enterprise, trade and employment, it is my job to be the voice of business and enterprise. Broadband is a huge issue for business in Ireland; there is immense disquiet, from multinationals to small business, about the extent to which Ireland is falling behind in this area and in many others. We have spoken previously about Ireland’s loss of competitiveness. Since the Government took office, Ireland has fallen from being the fourth most competitive country in the world to being the 22nd. It is disappointing that the Minister for Enterprise, Trade and Employment is not present to make a contribution to this debate, given that it is such a key issue for business. It is also disappointing that Deputy O’Rourke, who is responsible for the botched privatisation of Eircom which has largely left us in this situation, did not think there would be enough publicity in coming to the House tonight to attack the Government on this issue and, indeed, her record on it. The Government’s narrative on the economy is that it is going through a downturn that is largely related to the downturn in the construction sector. Although there is some truth in that, there is also much untruth. The downturn in the construction sector is unmasking a more fundamental problem in the economy, the loss of competitiveness. That is driven by high inflation and infrastructure. Broadband is a key element of the infrastructure along with roads, railways and ports. A few examples will demonstrate how bad is our position. The average advertised speed for broadband in Ireland is 3mbps, which puts Ireland behind Hungary and Greece. In fact, the only OECD countries in a worse position than Ireland are Turkey and Mexico. One can quote Homer Simpson in a famous episode of “The Simpsons”: “Did we lose a war or something?” In France and Korea the average advertised speed is 40mbps while in Japan it is 99mbps. Broadband penetration is only at 15% in Ireland compared to 35% in Denmark. John McEllig- ott, managing director of eBay Ireland, whom I, Deputy Kenny and Deputy Coveney will be meeting tomorrow, has said he is embarrassed to tell his peers in other countries about Ireland’s interconnectivity problems. Michael O’Dwyer of Pigsback.com said that for such a supposedly advanced economy, our broadband situation is pathetic. Another key chief executive officer, Donal McGuinness, has spoken about how horrendously expensive broadband is in this coun-

641 Broadband Services: 27 February 2008. Motion

[Deputy Leo Varadkar.] try. In Germany, for example, a person can get broadband connection for \20 per month for four years. Ten or 12 years ago Ireland wanted to be the best, with the best education, the best cost base, the lowest taxes and the best technology. Since then we have become complacent, fat, lazy and uncompetitive. The Government must wake up to our situation, accept that it is a mess and implement the proposals in the Fine Gael document.

Deputy Seymour Crawford: I thank my colleague, Deputy Coveney, for bringing this issue before the House. The Taoiseach appeared to have a problem knowing where County Cavan is some weeks ago in the House and the Minister of State, Deputy Brendan Smith, said I did not know much about County Cavan either. However, the reason I raised the difficulties with broadband in County Cavan at that stage was that I received numerous representations from throughout my constituency and especially from County Cavan about the lack of broadband provision, particularly in rural areas. I am aware of a young couple who moved less than two miles away from the town of Cootehill only to find that no broadband was available, despite the fact that it was vital for their work. Other people in the Drum area also had serious problems. We are seeking a commitment from the Government and particularly from the Mini- ster, Deputy Eamon Ryan, that this issue will not just be examined but dealt with realistically. I spoke to a group of people in Carrickmacross last Friday who told me that although the system they wanted was available outside their doors, it would cost \6,000 to link to it. Com- munity groups simply cannot afford this money. With the winding down of employment in companies such as Kingspan Century and Grove Turkeys, to name but two in my constituency, many workers have an opportunity to start up a business on their own. However, this is being seriously curtailed by the lack of proper broadband facilities. I am in not technically minded, unlike some of my party colleagues or possibly the Minister, but I am clearly advised that while some people have broadband in name, it is totally different to what their competitors have available to them in other countries. I urge the Minister not to divide the House on this issue but to agree with Deputy Coveney that there is an urgent need to provide adequate broadband to 100% of the population and to set clear targets on average speed, availability and penetration rates, to be achieved within set timeframes in the short or medium term. Above all, I urge him to undertake an immediate audit of all broadband telecommunication systems, whether in public or private ownership, to improve the infrastructure for carrying fibre optic cables and to draw up a detailed plan of State investment to expand the existing infrastructure. I received a letter from a young man in Scotshouse, the home of the former Ceann Comh- airle, the late Deputy Tom Fitzpatrick. This young man has tried everything to get a broadband service for himself and his local community. That large rural community is being totally ignored and the people feel like they are living in the Third World. How many more years will that community continue to be isolated in this way?

Deputy Phil Hogan: I compliment Deputy Coveney on his initiative in bringing a very reasonable motion before the House. It is quite frustrating that the Minister and the Government cannot come to terms with a motion that is so reasonable and commonsensical in its approach to the issue of broadband, which is a problem in every part of the country. Broadband has such an important contribution to make to the future economic and social development of our country. We spend a considerable amount of time speaking about our national development plan and the rolling out of the national infrastructural plans. However, if we do not have high- speed broadband, we are missing out on the information highway, in the same way that we

642 Broadband Services: 27 February 2008. Motion would miss out on other aspects of economic development if we did not develop road, rail and transport networks. It is as important, if not more important, to have high-speed broadband facilities in all parts of the country if we are to remain competitive and be able to engage in service provision in the future. This is particularly true for small businesses. In the south-eastern region, an area close to the Leas-Cheann Comhairle’s heart, the metropolitan area network was introduced some years ago through the South-East Regional Auth- ority and local authorities. It has been implemented in 11 towns in the region. The South-East Regional Authority was ready to commence construction of a metropolitan area network in Tullow, Bagnelstown, Tramore and Dunmore East but the Department of Communications, Energy and Natural Resources refused funding approval recently. I have received a response to a parliamentary question from the Minister, Deputy Eamon Ryan, to the effect that the provision of telecommunications services, including broadband, is a matter for the private sector and that he has no responsibility, which is not borne out by the facts concerning the financing and roll-out of this important infrastructure in the south east. The question of backhaul and linking the system to Dublin and the outside world is a major problem and Eircom is not making a satisfactory contribution in that regard. The cost of a connection for small businesses in my constituency of Carlow-Kilkenny is \10,000. Public bodies are not even availing of the system. What message is being sent out if public bodies and agencies do not engage with the Department to gain access and provide broadband, which may assist in the provision of broadband in other areas? I appeal to the Minister to consider what Deputy Coveney has put forward in the motion, to withdraw the amendment and work in a consensus fashion to deal with a problem which is difficult but which must be resolved in the interests of future employment opportunities in all of our constituencies.

Deputy Terence Flanagan: I welcome the opportunity to speak on this important motion and commend my colleague, Deputy Coveney, for tabling it. The Fine Gael motion is very detailed, running to two pages, and seeks positive action from the Government to ensure the roll-out of broadband to all parts of the country, which is extremely important. Unfortunately, there has been no sense of urgency to date from the Government on this issue. Meanwhile, we are at the bottom of the league tables on broadband quality, penetration and price, which is simply not good enough. On broadband speed, an area in which Ireland’s performance is at its worst, the latest OECD figures from October 2007 place us in 33rd position out of 35 OECD countries, ahead only of Mexico and Turkey. Relative to our neighbours in the UK, who have 10.6 mbps, Ireland only has 3 mbps, which is very worrying. The lack of quality broadband is affecting our competitiveness, as stated by Fine Gael’s enterprise spokesman, Deputy Varadkar. It is causing great difficulty for businesses throughout the country. It is also outrageous that while broadband in Ireland is three times slower than the rest of the EU, it is far more expensive than in other countries. A proper broadband service is needed if companies are to operate efficiently. It would allow companies to communicate, via broadband, with their customers in many different parts of the world, which was unimaginable in the past. A proper broadband service is also a consideration when businesses are deciding where they will locate. The absence of such a service in many rural areas is not good for our competitiveness or for those particular areas. Fine Gael has drawn up a document outlining ten steps to making Irish broadband better. I urge the Government to read that document. In my own constituency of Dublin North-East, which is only seven miles from Leinster House, broadband service is very patchy, particularly

643 Broadband Services: 27 February 2008. Motion

[Deputy Terence Flanagan.] in the Howth area. Some of my constituents have to use the dial-up or the mobile service, although with the latter, calls often drop. It is not helpful for businesses trying to work in such an environment. We should also ensure that we learn lessons from the past and do not siphon off money for other initiatives, as with the \10 million that was taken from the broadband budget for the greener homes scheme last October. We should ensure that more money is invested in broadband to make us more competitive. It is no good giving us words, we on this side of the House want to see action.

Deputy John O’Mahony: I am glad to make a brief contribution to this debate and thank Deputy Coveney for highlighting the issue. All of the relevant figures have been given over the last two nights with regard to speed, availability and quality, so I will not re-hash that information now. The one common factor running through all of that information, however, is the fact that we are very much in the relegation zone and there is only one way we can go. We all agree that broadband, if it were available in all parts of the country to all of the population, would transform our economy. It would be a particular advantage in rural Ireland, especially in peripheral areas because it would give such areas a chance to compete successfully with the core regions which have superior physical infrastructure and easier access. In the west of Ireland, and Mayo in particular, we do not have motorways, the DART, the Luas, or the metro but broadband is one piece of technology that could even the playing field somewhat. It should be a major vehicle for balanced regional development, allowing individuals and businesses to operate successfully in peripheral areas. People could have the benefits of rural life, away from gridlock and traffic jams. It would also breathe life into rural landscapes, which have lost their post offices, local shops and pubs. Every job in a disadvantaged area is worth ten in the large cities. Sadly, the same deficit exists as with the physical infrastructure. One constant issue in my constituency of Mayo is the unavailability of broadband. I could give numerous examples, but a number of recent contacts will illustrate the point. I was contacted last week by a constituent from a small village, Toreen, County Mayo, which was one of the villages iden- 8 o’clock tified for broadband under the broadband rural scheme in 2005. However, the town is still waiting. Eircom told this constituent last week that broadband is not available and is not in line to be installed in the village. What makes it more frustrating is that the towns on each side of Toreen have broadband, but the village and its surrounds have no such access. Recently, the same village lost its post office and shop. Broadband is an essential part of business, large and small craft industry and rural life. My constituent came from England to set up a business in Mayo to get the benefits of rural life. She has no broadband availability and would need to pay \2,900 per annum for a satellite connection even though she was paying £9.99 per month in England. Another difficulty is that some of the initial Government-funded metropolitan area networks do not have fibre-based backhaul and, as such, are not in a position to be made active. Kiltim- agh in County Mayo and Carrickmacross and Gweedore in County Donegal are examples. Ireland West Airport, Knock is also waiting. What is needed is Government intervention through the provision of the necessary fibre infrastructure. It makes no sense to allow the infrastructure provided using taxpayers’ money to remain idle for the want of the additional component, which should have been provided at the same time as the MANS. I commend the motion to the House.

644 Broadband Services: 27 February 2008. Motion

Deputy Pat Breen: I commend Deputy Coveney for tabling this motion and on his recent policy document, Creating a Fibre Nation, which charts the way forward for broadband availability. Yesterday, the European Competitive Telecommunications Association issued a report showing that Ireland is lagging behind our European competitors, ranked 12th out of 15, ahead only of Italy, Portugal and Greece. This comes as no surprise. During the election campaign, broadband was raised with us as a significant issue on every doorstep. We all remember the bridge at Lenane in County Galway that collapsed and cut off communication last year. However, many communities have been cut off from the broadband superhighway. For many people, booking a flight on-line takes just a few minutes. For others with a bad dial-up connection, it could take hours. Next Friday is work-life balance day, yet many of my constituents and those in other constituencies are unable to take up the option of combining work and family responsibilities due to the lack of broadband. When I asked Eircom last year about the lack of broadband in County Clare, it advised me that 23 exchanges remain to be upgraded. Eircom told me that, in my neighbouring parish of Kildysart with which the Minister of State, Deputy Killeen, is familiar, broadband will be delivered in the second quarter of 2008. Last week, it told me that the roll- out would be delayed until 2009. This delay is typical of what is occurring in many communities. Eircom told me that broadband is being delayed in Kildysart because the radio link upgrade required to provide capacity for broadband at the exchange needed further investment. This is a significant problem. In Deputy Dooley’s contribution, he referred to E-Training International based at Scarrif, which introduced a satellite broadband pilot scheme. The cost of satellite broadband is a deter- rent for many. Many communities are taking the initiative, such as the Loop Head Broadband Group, a proactive group bringing broadband to local communities, and eTown in Miltown Malbay, a template for how economic development can be enhanced in rural communities. The lack of MANS in many areas is a problem. While there is a network in Kilrush, there is none in Ennis or Shannon. The Minister of State is a constituency colleague of mine, but I urge the Department to fast-track MANS for the areas in Clare without it. I urge the Government to reconsider and support the motion.

Deputy P. J. Sheehan: I thank Deputy Coveney for tabling this important motion. Where is the Minister for Communications, Energy and Natural Resources, Deputy Ryan, who is responsible for answering this motion? Has he gone to the airport to meet the Taoiseach after his grand European tour? It is evident that the Government is dragging its feet on its commitment to make broadband available to 100% of the population as a matter of urgency. Every citizen should be treated equally as enshrined by the Constitution whether they live in Ballsbridge or Ballydonegan in Allihies on the Beara Peninsula. It is vital that the Minister provide an up-to-date report on progress, if any, every six months on the promised targets as outlined in Government policy on broadband. It is of paramount importance that the Minister ensures connections of next generation access quality to all schools and third level institutions to complement the Depart- ment of Education and Science’s ICT and education strategy. The Government must invest sufficient money if broadband service is to be made available throughout the entire nation. In May 2007, the former Minister for Communications, Marine and Natural Resources, Deputy Dempsey, launched the procurement process for the Government’s new national broadband scheme. NBS will provide broadband services to reach the remaining areas of the country that are not broadband enabled. Later this week, the tender will move to the next phase, but it was hoped that a final decision would have been taken by the Department by the end of December 2007. Has the Department made its final decision, was Eircom’s tender

645 Broadband Services: 27 February 2008. Motion

[Deputy P. J. Sheehan.] successful or will the people need to wait another decade before they get broadband in their areas?

Deputy James Bannon: According to a report published today by the pro-competition body, ECTA, Ireland is still the broadband poor relation to Europe’s knowledge economies, namely, Denmark, the Netherlands, Sweden and Finland. ECTA has called for stronger powers for regulators to implement competition rules as it publishes the findings of its bi-annual survey on broadband take-up and competitiveness in Europe. The survey reveals that there is a serious threat to the primary source of competition, local loop unbundling, as incumbents seek a freeze on unbundling next generation fibre access lines, which could result in incumbent operators controlling a staggering 80% of broadband lines across Europe or close to 100% in many countries. In a direct indictment of the Government, the report places Ireland 12th out of 15 European countries in terms of broadband connection ahead only of Italy, Portugal and Greece. In my area of Longford-Westmeath, I am a case in point when it comes to the lack of broadband roll- out in rural Ireland. I have made numerous attempts to have broadband installed in my home to no avail. I am keenly aware of the fact that rural areas are suffering economic setbacks in terms of foreign investment and the retention and expansion of home-grown industries and businesses due to lack of high-speed broadband. Taking myself as an example, conducting my Da´il and constituency business is dependent on the availability of high-speed broadband. Per- haps it is a Government conspiracy to curtail my political activities. The fact that my constituency’s Fianna Fa´il representatives voted last October to re-allocate funds for broadband roll- out could give this credence. The bottom line is that, in 2008, I have no broadband access, which is commonplace across the whole of my constituency. I receive daily representations from people in similar situations asking what the Government is doing and why there is still no broadband roll-out in their areas. It is a significant blow to rural communities where the issue concerns sustainable living. Our prospects for increased economic development are not looking good. According to Fin- tan O’Toole in The Irish Times:

We have, in this country, a great talent for fiction. So great, indeed, that it cannot be confined to the realms of James Joyce, Kate O’Brien and John McGahern. Our fictions are too important to be left to the novelists, so they burst through into public policy. The finest example of this creative flair is in the story we are telling ourselves about where we go after the Celtic Tiger. We’re moving towards “a vibrant, knowledge-based economy”.

I would like the Government to explain why it has let down the people so badly on the roll- out of broadband.

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Tony Killeen): I welcome the opportunity to contribute to this important debate on broadband services and to speak in support of the Government counter-motion, which details recent progress in the area of broadband and signals the Government’s intent to further ambitiously improve Ireland’s position. A planned investment of \8 billion for science, technology and innovation in the National Development Plan 2007-2013 shows the Government’s commitment to the further development of the knowledge economy. The importance of broadband to the Irish economy has been demonstrated by the vigorous debate here in the Da´il and by our experiences outside this House. Ireland is a knowledge economy and needs high quality broadband services to underpin its continued growth.

646 Broadband Services: 27 February 2008. Motion

Broadband services are provided in the Irish market by the private sector, with appropriate regulation from the Commission for Communications Regulation, ComReg. ComReg’s powers have been strengthened by the Communications Regulation (Amendment) Act 2007, which provides it with additional competition powers and increased fines to enforce regulatory obligations. Deputies on all sides outlined why this had to happen. I welcome the recent agreement between Eircom, ComReg and the other operators on local-loop unbundling, which means there are now no material obstacles in this regard. Also, the announcement in the last few weeks of new broadband products, with speeds up to 12 mbps, is a welcome improvement in the quality of broadband services available here. The latest figures from the OECD show Ireland experienced the fastest growth in broadband take-up in the OECD and had a penetration rate per capita of over 18%.

Deputy James Bannon: We were 33rd of 35.

Deputy Tony Killeen: ComReg found that 40% of Irish households had a broadband connection at the end of September 2007. I expect that ComReg data for the current quarter will confirm that we are now at the 50% household penetration mark. Significant Government investment has given Ireland excellent international connectivity and helped reduce the cost of regional backhaul to allow private sector investment in the regions. The continued roll-out of the metropolitan area networks, MANs, programme will see networks serving 93 towns throughout the country by the end of this year. The recent group and county broadband scheme brought competitive broadband services and 127 projects have been completed. The decision to replace this scheme with the national broadband scheme will address remaining areas that are uneconomical for the private sector and meet all reasonable requests for broadband by the end of 2009. The winning bidder for the scheme is currently being selected through a competitive tender process and will provide a future-proofed, bandwidth scalable service. The Government has made \435 million available for communications in the National Development Programme 2007-2013 and broadband, which includes funding for the MANs and national broadband scheme. Internationally, communications are moving to next generation broadband to deliver greater quality, speed and service for the consumer and this is happening where there is strong competition and incentives for innovation. Cross-platform competition is important and improvements in fixed, cable, wireless and mobile broadband networks are continuing apace in Ireland. Past experience teaches us that demand for bandwidth will continue to increase and supply must not constrain this. It is, therefore, important that we get future policy right. Innovative actions by the Government and effective regulation can help the private sector make the right investment decisions. The Government must ensure the appropriate regulatory framework is in place and will also invest directly, for example in the case of the national broadband scheme, when the market fails. There are uncertainties around the most appropriate technology choices and developments internationally are following varying choices and standards. The wrong choice could be detri- mental to future development in Ireland. The Department of Communications, Energy and Natural Resources has prepared a draft policy paper on next generation broadband and today completed a meeting of the expert international advisory forum to examine the issues, options and recommendations for future policy. The draft paper examines developments in the Irish market and internationally, the challenges Ireland faces in the development of next generation broadband and possible approaches. A number of issues face the Government, including how to make the optimum use of State infrastructure, such as ducting and spectrum, to facilitate private sector investment. The

647 Broadband Services: 27 February 2008. Motion

[Deputy Tony Killeen.] Department will incorporate the advice of the forum as appropriate and publish the revised paper shortly for consultation with all stakeholders. The Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, and I encourage and welcome the views of all interested parties on the paper. We are now at a crossroads in terms of the future direction of the State’s telecommunications policy. The Government is determined that Ireland will build on recent improvements so that it is properly positioned in this key area to compete in the global economy. Our policy will be based on sound evidence and clear principles that will guide Ireland’s move towards next generation broadband. Contributions from Members on all sides of the House have made it clear that this issue exercises constituents in the business sector and the general public. I commend the Government motion to the House.

Deputy Lucinda Creighton: I seek to share time with Deputies McHugh, Charles Flanagan and Coveney. We have heard much hyperbole from the Government benches on this matter but very little on the action that needs to be taken. I am particularly disappointed to see the Government amendment as it waters down and neutralises the excellent proposals put forward by Deputy Coveney. I commend him on the work he has done in this area and the efforts he has made to highlight this key infrastructural area of our economy. Ireland has a great opportunity to develop a knowledge-based economy, something that has been an aspiration since the early 1990s. However, the Government has failed miserably to achieve this. In terms of investment in job creation and competitiveness, broadband access is now as important as the infrastructural projects we hear of relating to transport and so on. I even suggest that broadband is more important than such projects in certain rural areas and Deputy O’Mahony gave a good example of this relating to tourism in County Mayo. The issue of discrimination against children, in terms of educational opportunities lost through a lack of broadband access, has not been dwelt on in this debate. It is not acceptable that access to quality broadband is available in certain schools and to certain children while other schools and children are left behind. This is not in the interest of equality in society and it is not in the interest of our economy’s future. The Minister for Communications, Energy and Natural Resources, Deputy Eamon Ryan, agrees with us and, effectively, accepts our facts, which are based on OECD and EU statistics, because he cannot argue against them. He also agrees that something must be done on this matter. He has been in office for eight months but in that period his only concrete proposal relating to this subject appears to be to set up a forum to discuss the problem further. I disagree with the Government in this regard because discussion forums, task forces and so on appear to have replaced governance. No decision making is evident and the only leadership on critical issues such as broadband comes from this side of the House. I think it is fair to say that the bright-eyed and bushy-tailed Green Party Ministers have failed to take action and deliver on the policies they committed to at the beginning of this term of Government. This is unfortunate and I commend the motion to the House.

Deputy Joe McHugh: Since 1997 people on the other side of the House have spoken of the knowledge economy and the information superhighway. For some 11 years the Taoiseach, Deputy Bertie Ahern, has been very proactive in his jargon and rhetoric in this regard. In 1999 the Minister for Health and Children, Deputy Mary Harney, launched a task force report in Donegal on moving towards a service-based economy, which noted that manufacturing is not the way forward. However, such sentiments must be supported by critical infrastructure like

648 Broadband Services: 27 February 2008. Motion broadband. It has been mentioned in every report of the past ten years and I believe this is empty rhetoric. In 2002 my colleague, Deputy Coveney, became our chief spokesperson on communications and he was not full of empty rhetoric. He put forward policies and guidelines on what should be done. We have missed opportunities to work on broadband in tandem with the construction sector and the private sector, especially regarding roads, and we should have taken every chance to lay down fibre optic cables to increase bandwidth. We still have opportunities and we still have time to address this issue. If the Minister for Finance, Deputy Brian Cowen, is serious in his rhetoric on front-loading infrastructure and not reducing capital spending he must apply these sentiments to broadband. We must work closely with Ofcom in Northern Ireland and ComReg and I welcome the fact that BT may soon penetrate this market and create more competition in this part of the island. The same goes for Eircom in Northern Ireland. That is what is needed. We have signed up to the Belfast Agreement. Enshrined in that Agreement is a responsibility to have communications across the Border. My colleague, Deputy Seymour Crawford, referred to the absence of broadband infrastructure in Cavan and Monaghan. The same applies in my own County Donegal. We have missed opportunities but there is still time to do something about it. People in the industry use the jargon, “virtual assistant”. I googled it today and got 2.9 million examples of the virtual assistant programmes. This is where it is at. Countries such as Slovenia and Slovakia, that have recently become members of the EU, are at the races when it comes to broadband, we still have to pull up our socks in this game in places such as Meenlet- terbale in north east Inishowen, Carrowmenagh and Churchhill where people wish to work and live at home within the realm of best work-life balances, thus taking heavy traffic off the road. This would lead to better work practices. Opportunities have been missed during the past 11 years but we have to be serious and fast forward to create a critical infrastructure to provide critical mass.

Deputy Charles Flanagan: I merely want to record the current chaotic state of broadband infrastructure in my constituency of Laois-Offaly. During the lifetime of the country and group broadband scheme, which the Government abolished in 2006, a substantial amount of money was given to various Internet providers to help them meet the costs of providing Internet access on broadband in the midlands. A broadband co-ordinator for the midlands was appointed but a short time after the appointment the post was abolished. Under the GBS, a number of towns and villages in counties Laois and Offaly allegedly gained access to broadband. This merely was a work of fantasy. The so-called broadband mapping which was subsequently undertaken by the Department will show that broadband is available in much, if not all, of my constituency. However, this is far from the case because the methodology used for the mapping means that in areas where some homes and businesses have broadband, all homes and businesses in the area are deemed to have broadband. This is hugely problematic as many people in areas where broadband is theoretically available do not have de facto access to it. This is because the fixed wireless broadband provided can be obstructed by objects such as trees and buildings. One house may have broadband access where a neighbour is deprived of the facility. Depriving hard working people who pay their taxes of what is, in effect, a basic necessity in this day and age is simply not acceptable. A disjointed, ill-thought out approach by the Government has left us at the bottom of the pile in terms of broadband availability. The latest survey, as outlined by Deputy Coveney, shows us ranking 12 out of 15, a dismal record for a country as wealthy as Ireland with such an open economy and such close ties to transnational companies.

649 Broadband Services: 27 February 2008. Motion

[Deputy Charles Flanagan.]

For the people I represent in Laois and Offaly, broadband is necessary for so many aspects of day-to-day existence — education, work, research, simple things like renewing insurance, booking flights, applying for a driving test, keeping in touch with friends and family. Above all, good broadband access is essential if rural areas in the midlands are to be thriving communities rather than commuter ghost towns. There are a number of small businesses in my constituency. These people are dependent on the Internet for the success of their business. They simply cannot survive in rural locations without the global research the Internet gives them. If we want entrepreneurs to locate in rural areas of the midlands in Laois-Offaly to provide employment and renewed vitality to areas we must ensure we have world class broadband infrastructure. That is why the policy published by Deputy Coveney is so valuable and that is why the initiative undertaken by the Deputy is so important. I appeal to the Minister to take its recommendations on board.

Deputy Simon Coveney: I thank everyone who contributed to this debate on all sides but in particular my Fine Gael, Labour and Sinn Fe´in colleagues who are supporting the motion. This was a genuine effort by Fine Gael to move the broadband debate forward in a positive way by proposing practical actions that were not difficult for the Government to agree to. The response from Government was to produce an alternative motion which it will vote through later which offers nothing to this debate except to offer self praise and to support more consultation and more forums looking for answers. Last night the Minister opened his speech by saying he welcomed the opportunity to make a detailed contribution to the debate on the broadband challenge. I expected something new from him. I expected some ambition and some passion, the kind of passion we get all the time when he speaks about climate change. Instead, what we got was a history lesson by and large; a history lesson on the metropolitan area networks and how they came about; a history lesson on the performance of the regulator in unbundling local loops; a history lesson on the group broadband scheme even though it has not been in place since 2006 and a history lesson on the successful connection for many schools to broadband. He did not tell us a single thing we did not already know. Instead of adding to the broadband debate, in terms of new thinking, he wasted everybody’s time for 30 minutes. Not only that, but much of what he said last night and much of what is proposed in the Government’s motion totally contradicts his own views of less than a year ago. Let me look at the MANS and the group broadband schemes in particular. The Government’s amendment states that it:

commends:

— the Government for its positive interventions, such as supporting the construction of Metropolitan Area Networks, through investment of \175 million for networks built or under construction in 93 regional cities and towns and providing capital grants under the County and Group Broadband Scheme. Less than a year ago, before the Minister took office, when he frontbench spokesperson for the Green Party on communications he said:

The MANS project, in particular, has been a spectacular waste of public money. The first phase of MANS was built at a cost of \85 million and it became immediately apparent that the scheme was not working. Despite this spectacularly poor return on the State’s investment, the Government continued to plough a further \118 million into the second phase of MANS, digging holes around the country to lay fibre cable which will never be lit up.

650 Broadband Services: 27 February 2008. Motion

The Government’s group broadband scheme which was meant to provide broadband access to more remote areas of the country has been a total failure. They have thrown good money after bad and have left us without the broadband services our industries need, if we are to continue to thrive as a knowledge economy.

How things have changed in eight months. He now gives the Department’s view and the Department’s rhetoric. The new and ambitious thinking he had when on this side is nowhere to be seen. In this debate we need solutions. We need solutions on the immediate issues of availability for everybody and speeds in terms of next generation access. I believe that last night the Minister misled the Da´il by raising expectations of the national broadband scheme, saying it would deliver broadband in every area that does not have broadband connectivity by 1 July 2008. I hope he is right but I think he is wrong. This is the map that he and the Department use for deciding where there is to be broadband provision and where there is no provision. I will take two counties on which I have some information. Last night I pointed to County Leitrim where a survey was taken of 1,200 people which showed that 50% of people who responded to this survey have no access to broadband. Yet the Department’s map shows that Leitrim has almost full connectivity. In terms of Kilkenny, an area in which Deputy Hogan will be interested, I have here a file of broadband correspondence only from Kilkenny. The map shows full connectivity for that county. We need a review of that and we need to be very wary of raising expectations that the national broadband scheme will bring broadband to every part of the country that does not currently have it because we are talking about hundreds of thousands of people. In terms of next generation access we need to deliver on speeds and put actions in place, not have endless consultation. This motion is about what we want Ireland to look like in five or ten years. We need a Minister and a Government who can look and plan ahead for what industry, households and consumers need. Instead, we have a Government which just wants to protect itself through its amendment. We propose actions that can prepare for the future, light up Ireland in terms of broadband connectivity and anticipate the technologies that will provide the solutions of the future to rural as well as urban parts of Ireland. We need a Minister to work with us to buy into that but we do not have one. I commend the motion to the House.

Amendment put.

The Da´il divided: Ta´, 68; Nı´l, 58.

Ta´

Ahern, Michael. Cowen, Brian. Ahern, Noel. Cuffe, Ciarań. Andrews, Barry. Cullen, Martin. Andrews, Chris. Curran, John. Aylward, Bobby. Dempsey, Noel. Behan, Joe. Dooley, Timmy. Blaney, Niall. Fahey, Frank. Brady, A´ ine. Finneran, Michael. Brady, Cyprian. Fitzpatrick, Michael. Brady, Johnny. Fleming, Seań. Brennan, Seámus. Flynn, Beverley. Browne, John. Gallagher, Pat The Cope. Byrne, Thomas. Gogarty, Paul. Calleary, Dara. Gormley, John. Carey, Pat. Hanafin, Mary. Collins, Niall. Harney, Mary. Conlon, Margaret. Haughey, Seań. Connick, Seań. Healy-Rae, Jackie. 651 Broadband Services: 27 February 2008. Motion

Ta´—continued

Hoctor, Ma´ire. Mulcahy, Michael. Kenneally, Brendan. Nolan, M.J. Kennedy, Michael. O´ Cuı´v, E´ amon. ´ Killeen, Tony. O Fearghaı´l, Sea´n. Kirk, Seamus. O’Connor, Charlie. Kitt, Michael P. O’Dea, Willie. O’Keeffe, Batt. Kitt, Tom. O’Keeffe, Edward. Lenihan, Brian. O’Rourke, Mary. Lowry, Michael. O’Sullivan, Christy. McEllistrim, Thomas. Sargent, Trevor. McGrath, Finian. Scanlon, Eamon. McGrath, Mattie. Smith, Brendan. McGrath, Michael. Treacy, Noel. McGuinness, John. Wallace, Mary. Moloney, John. White, Mary Alexandra. Moynihan, Michael.

Nı´l

Allen, Bernard. Kehoe, Paul. Bannon, James. Lynch, Ciarań. Barrett, Seań. Lynch, Kathleen. Breen, Pat. McEntee, Shane. Broughan, Thomas P. McHugh, Joe. Bruton, Richard. McManus, Liz. Burke, Ulick. Mitchell, Olivia. Burton, Joan. Naughten, Denis. Carey, Joe. Neville, Dan. Noonan, Michael. Clune, Deirdre. O´ Caolaín, Caoimhghıń. Connaughton, Paul. O´ Snodaigh, Aengus. Coonan, Noel J. O’Donnell, Kieran. Costello, Joe. O’Mahony, John. Coveney, Simon. O’Shea, Brian. Crawford, Seymour. O’Sullivan, Jan. Creighton, Lucinda. Penrose, Willie. D’Arcy, Michael. Reilly, James. Deenihan, Jimmy. Ring, Michael. Doyle, Andrew. Shatter, Alan. Durkan, Bernard J. Sheahan, Tom. Enright, Olwyn. Sheehan, P.J. Feighan, Frank. Sherlock, Seań. Ferris, Martin. Shortall, Ro´ isıń. Flanagan, Charles. Stagg, Emmet. Flanagan, Terence. Timmins, Billy. Hayes, Tom. Tuffy, Joanna. Higgins, Michael D. Upton, Mary. Hogan, Phil. Varadkar, Leo. Howlin, Brendan.

Tellers: Ta´, Deputies Tom Kitt and John Curran; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Amendment declared carried.

Question put: “That the motion, as amended, be agreed to.”

652 Broadband Services: 27 February 2008. Motion

The Da´il divided: Ta´, 68; Nı´l, 57.

Ta´

Ahern, Michael. Haughey, Seań. Ahern, Noel. Healy-Rae, Jackie. Andrews, Barry. Hoctor, Maíre. Andrews, Chris. Kenneally, Brendan. Aylward, Bobby. Kennedy, Michael. Behan, Joe. Killeen, Tony. Blaney, Niall. Kirk, Seamus. Brady, A´ ine. Kitt, Michael P. Brady, Cyprian. Kitt, Tom. Brady, Johnny. Lenihan, Brian. Brennan, Seámus. Lowry, Michael. Browne, John. McEllistrim, Thomas. McGrath, Finian. Byrne, Thomas. McGrath, Mattie. Calleary, Dara. McGrath, Michael. Carey, Pat. McGuinness, John. Collins, Niall. Moloney, John. Conlon, Margaret. Moynihan, Michael. Connick, Seań. Mulcahy, Michael. Cowen, Brian. Nolan, M.J. Cuffe, Ciarań. O´ Cuı´v, E´ amon. Cullen, Martin. O´ Fearghaı´l, Seań. Curran, John. O’Connor, Charlie. Dempsey, Noel. O’Dea, Willie. Dooley, Timmy. O’Keeffe, Batt. Fahey, Frank. O’Keeffe, Edward. Finneran, Michael. O’Rourke, Mary. Fitzpatrick, Michael. O’Sullivan, Christy. Fleming, Seań. Sargent, Trevor. Flynn, Beverley. Scanlon, Eamon. Gallagher, Pat The Cope. Smith, Brendan. Gogarty, Paul. Treacy, Noel. Gormley, John. Wallace, Mary. Hanafin, Mary. White, Mary Alexandra. Harney, Mary.

Nı´l

Allen, Bernard. Higgins, Michael D. Bannon, James. Hogan, Phil. Breen, Pat. Howlin, Brendan. Broughan, Thomas P. Kehoe, Paul. Bruton, Richard. Lynch, Ciarań. Burke, Ulick. Lynch, Kathleen. Burton, Joan. McEntee, Shane. Carey, Joe. McHugh, Joe. Clune, Deirdre. McManus, Liz. Connaughton, Paul. Mitchell, Olivia. Coonan, Noel J. Naughten, Denis. Costello, Joe. Neville, Dan. Coveney, Simon. Noonan, Michael. Crawford, Seymour. O´ Caolaín, Caoimhghıń. Creighton, Lucinda. O´ Snodaigh, Aengus. D’Arcy, Michael. O’Donnell, Kieran. Deenihan, Jimmy. O’Mahony, John. Doyle, Andrew. O’Shea, Brian. Durkan, Bernard J. O’Sullivan, Jan. Enright, Olwyn. Penrose, Willie. Feighan, Frank. Reilly, James. Ferris, Martin. Ring, Michael. Flanagan, Charles. Shatter, Alan. Flanagan, Terence. Sheahan, Tom. Hayes, Tom. Sheehan, P.J. 653 Schools Building 27 February 2008. Projects

Nı´l—continued

Sherlock, Sea´n. Tuffy, Joanna. Shortall, Ro´ isı´n. Upton, Mary. Stagg, Emmet. Varadkar, Leo. Timmins, Billy.

Tellers: Ta´, Deputies Tom Kitt and John Curran; Nı´l, Deputies Paul Kehoe and Emmet Stagg.

Question declared carried.

Adjournment Debate.

————

Schools Building Projects. Deputy Leo Varadkar: I thank the Ceann Comhairle for the opportunity to raise this issue. It relates to the newly established Carpenterstown Educate Together national school. It is in Carpenterstown, of which I am a resident, but affects the broader area of Porterstown. The Minister will be familiar with the area where there were two schools, St. Patrick’s in Diswells- town and St. Mochta’s in Clonsilla. Last year in an emergency scenario the Department had to establish a new school, Scoil Choilm, which operates in temporary premises in Connolly Hospital Blanchardstown. That school will be moved to the Porterstown area and a planning application has been submitted. I recognise that and, although it is belated, I recognise the work the Minister and the Minister of State, Deputy Conor Lenihan, have done on this. However, it is clear that there will very soon be a requirement for a fourth school. The three schools, Scoil Choilm, St. Mochta’s and St. Patrick’s, have 11 classes. Land is already zoned for the provision of at least another 1,100 houses in that area at Diswellstown and Porterstown and a proposal is very soon to be put forward for the zoning of a similar amount of land.

An Ceann Comhairle: We cannot have conversations in the Visitors Gallery while Deputy Varadkar is making his contribution. This has been a recent development.

Deputy Leo Varadkar: There is no question that there is a demand for a fourth school in that area. Parents have the right to a choice in education. There is a Roman Catholic school and there will be a VEC school, but there is not a choice of Educate Together in that area. The nearest Educate Together is Castleknock Educate Together, which is full and turns away almost half the applicants. While I appreciate it is with the advisory body, I would like to hear the Minister indicate that such a school will be recognised and sanctioned as soon as possible. I would like to raise St. Mochta’s school in the same area. The Minister of State, Deputy Pat Carey, recently claimed in a response to Deputy Burton that the extension of the school has gone to architectural planning and I understand that is incorrect. The principal of the school has been in touch with me to say the information given by the Minister of State, Deputy Pat Carey, to Deputy Burton was incorrect and the extension has not gone to architectural planning. I would be interested to hear the Minister’s comments on that.

Minister for Education and Science (Deputy Mary Hanafin): I thank Deputy Varadkar for raising this matter and giving me the opportunity to outline to the House the actions being taken by the Department to address the school accommodation needs of the Porterstown, Caperterstown and Clonsilla areas of Dublin 15.

654 Schools Building 27 February 2008. Projects

I am very conscious that the Dublin 15 area as a whole is one of the most rapidly growing areas in the country and, as a result, there has been a marked increase in the demand for primary school places. The Department is taking a number of measures to increase the capacity of existing schools in the area concerned along with the development of new schools to meet this growing demand. All building projects arising from these interventions are awarded a band one priority rating under the Department’s prioritisation criteria for large-scale building projects to ensure that they are delivered as expeditiously as possible. With particular reference to the Porterstown, Carpenterstown and Clonsilla areas, a number of interventions have been made to ensure adequate school provision. Three schools serve the area. St. Patrick’s National School moved into a new 24-classroom school last year. This school facilitates an annual three stream intake, while St. Mochta’s National School was expanded in 2006 to cater for an annual four-stream intake. The school planning section liaised closely with the local authority and these schools and determined that up to an additional 90 children would require junior places for September 2007. In that context a third school, Scoil Choilm, was opened in Diswellstown, Dublin 15 under the temporary patronage of the Roman Catholic Church in September 2007 and enrolled three streams of junior infants. The school is temporarily accommodated in a VEC-owned building, the Institute of Horology in Blanchardstown. Given the age of the children, transport has been made available. As the Deputy will be aware, in December 2007 I announced that a new State model of community national school, under the patronage of County Dublin Vocational Education Com- mittee, VEC, is to be piloted in the Phoenix Park Racecourse and Phibblestown from September 2008. In addition, Scoil Choilm is to transition to the new community national school model. Since then, following recent consultations with the school community, the temporary patron and County Dublin VEC, it has been agreed that Scoil Choilm should come under the new pilot patronage model arrangements from September 2008. The new model has been developed following a period of consultation with all of the main education partners and church groups. As in the primary school system generally, the schools will operate under the management of an independent board of management. The VEC will be represented on the board of management as patron and will provide relevant practical management supports to the school. Arrangements will be in place to enable the VEC to meet its general financial accountability responsibilities. I also indicated that I would bring proposals to Government to provide necessary amending legislation to underpin the VEC role in the primary sector. Pending the enactment of the legislation, I, as Minister for Education and Science, will act as interim patron for the new schools. Regarding the Carpenterstown Educate Together parents group that has been established, I understand that an application for recognition of a new school in Carpenterstown in September 2008 has been received by the new schools advisory committee, NSAC. No advice has been received from that group and therefore no decision has been taken yet on the number of new multi-denominational schools which will open in Fingal in the 2008-2009 school year. However, Educate Together has lodged with the NSAC a number of notifications of intention to apply for the recognition of new schools in the north Dublin area for next September. The NSAC is an independent advisory group established to process applications for the recognition of new primary schools and to make recommendations to me. I expect that the NSAC will produce its report in April 2008. All options will be considered to ensure there are enough school places in September. Owing to the level of demand emanating from the Dublin 15 area, the need to make further provision at primary level in addition to that outlined by me is being kept under continuous review by

655 Schools Building 27 February 2008. Projects

[Deputy Mary Hanafin.] the Department. I am confident that the measures outlined will assist in alleviating the immediate demand for school places in the area and I thank the Deputy for allowing me the opportunity to respond to this issue.

Deputy P. J. Sheehan: I thank the Ceann Comhairle for the opportunity to raise with the Minister for Education and Science the important matter of post-primary school facilities in Skibbereen. The Department of Education and Science and the OPW are drag- 9 o’clock ging their collective feet on this project. That is clearly evident by the replies to two parliamentary questions which I put down on 4 July 2007 and 26 September 2007. The OPW is not treating the acquisition of a school site as a serious matter. There are greenfield sites available that would clearly be suitable for this post-primary community school in Skibbereen. Is the Minister aware that there are nearly 700 post-primary pupils in Skibbereen town trying to survive in completely overcrowded conditions in three sub-standard schools? There are no playing facilities or recreational facilities of any description. How long more must the people of Skibbereen and its hinterland wait for a decision from the Department and the OPW? Is this proper treatment for a town the size of Skibbereen? I ask the Minister to act before it is too late. The people of Skibbereen cannot imagine why a suitable site cannot be found in the area, when the board of management proposed seven different sites to the OPW for consideration. Surely the time is right for the Minister to act and to influence the OPW to clear some suitable site in the town of Skibbereen.

Deputy Mary Hanafin: I thank the Deputy for raising the matter of a new post-primary school in Skibbereen, County Cork.The property management section of the Office of Public Works was requested to source a suitable site to facilitate the proposed new school in Skib- bereen. However, the sourcing of a greenfield site has proved very difficult to date. Following an advertisement, a number of sites were identified and examined. Those considered potentially suitable were then discussed with Cork County Council. No site was deemed suitable from the perspective of the Department, the OPW and Cork County Council. Owing to the difficulty in sourcing a greenfield site, the Department decided to investigate the possibility of utilising the Rossa College site to facilitate the proposed building project. A feasibility study of the site and the building was commissioned in order to determine how best to provide for the long-term accommodation needs of the proposed school. While the outcome of the feasibility study was positive with regard to the provision of a new school, there were some access issues to be resolved and the Department requested the OPW actively to pursue a solution in this regard. However, this option is no longer being pursued owing to opposition from the trustees of the proposed new community school to the Rossa College site. The Department will continue to work to identify a suitable site for this project and will keep the trustees informed of progress. Once a suitable site has been secured, development of this project will be considered in the context of my Department’s school building and modernisation programme. I again thank the Deputy. With the information that he has now obtained, perhaps he might be able to figure out a resolution to local opposition to particular sites.

Deputy P. J. Sheehan: I have provided information on three suitable sites in the town.

An Ceann Comhairle: The Deputy will have to discuss that afterwards.

656 Schools Building 27 February 2008. Projects

Deputy Terence Flanagan: It is a national disgrace that a new school, which was promised for Springdale national school in Raheny, does not even appear on the school building list for 2008. Springdale is just one school of many that are in dire need of refurbishment. Teachers and students have to operate in what can only be described as Third World conditions. The walls are damp and mouse traps have to be set every night. The roof on the infants’ classroom leaks whenever it rains. There is insufficient space available. The principal has to use her car as an office. The school has no gym hall or staff room. The secretary has to conduct business at the back of a classroom. The plight of Springdale national school was highlighted recently in an article in The Sunday Tribune. It is unacceptable that a school should have to operate in these dire conditions. The school has been trying since 1997 to acquire a new building. In July 1999, a formal application was made by the school to the Department of Education and Science. In March 2001, the Department confirmed the project would be sanctioned. In February 2003, the school was described as “sub standard” following a school general inspection. In May 2005, the school was advised that the building project was being assessed as a priority project. In March 2006, the school board met with the building unit at stage three of the building process and the school was informed that the money was still available. In June 2007, the school board was advised that the project must be started no later than February 2008. In June 2007 the planning permission was granted. In November 2007, the school was contacted by the Department and told to await further written approval before proceeding. In December 2007, following numerous calls, the principal was told to wait until after the budget, when the Minister would “make an announcement in her own good time”. In February 2008, a list of projects was announced and Springdale national school was not included in this list. The school received planning permission for a new school building in June 2007 and was hoping to put it to tender, but instead its board of management was told by the Department to wait. I submitted a parliamentary question seeking clarification on when the school would be built. I am still awaiting a response. I hope the Minister can respond tonight.

Deputy Richard Bruton: I thank the Minister for coming into the House to answer these questions personally. This has not always been the case, but I think the Ceann Comhairle is having an influence there. Deputy Flanagan has outlined the history of all this. It has been a history of nothing but dashed hopes. I represented this area in 2002, before the constituency boundary changed. Now that it has come back into my area again six years later, I am appalled to see that the new school, which was then thought to be imminent, has still not been built. I have a press release from the Department in 2006 stating that the Minister, Deputy Hanafin, had approved the tender for this particular school. That is nearly two years ago, but it has never happened. People feel really let down. There are 150 pupils in the school. The principal has to set mouse traps and the junior infants’ classroom leaks when it rains. There is no hot water in the building. Every weekend something falls off the wall because of the dampness. The school is in a chronic state and the Department’s own inspector stated in 2003 that it was totally inadequate, yet no decision has been taken. This school seems to have fallen behind other schools for whatever reason, in spite of the Minister’s personal announcement in 2006. I hope she has some good news for us at this point.

657 Educational 27 February 2008. Projects

Deputy Mary Hanafin: I thank the Deputies for raising the issue of Springdale national school in Raheny. They will be well aware of the scale of investment that is going into school buildings this year. Under the national development plan, almost \4.5 billion will be invested in schools. That shows the commitment of the Government to continue its programme of sustained investment in primary and post-primary schools. Springdale national school is currently at an advanced stage of architectural planning. The proposed project will consist of the demolition of the existing school and the construction of a new six-classroom school of approximately 1, 024 square metres, with a new ball court and children’s play area, as well as the provision of temporary accommodation for the duration of the contract. We are working on our large-scale building projects on a phased basis, from initial design stage right through to construction. We obviously must take budget and other demands into account. The list I announced earlier this year was only the list of schools that were immediately ready to go to construction. Since this school has not gone to tender yet, it did not qualify to be on that list. However, I will be making further announcements during the year on school projects. I assure the Deputies that I am fully committed to the new school building for Spring- dale national school.

Educational Projects. Deputy Michael D. Higgins: I raise this issue because it is incredibly important for the inclusion, prospects and efforts of 60 young mothers to escape from the cycle of poverty. I refer to the Young Mothers in Education project in Galway city.Question No. 442 in my name was tabled in on 12 February 2008 and answered with Question No. 465 tabled by Deputy Pa´draic McCormack. The Minister’s reply indicated that she regarded the project as duplication in light of her Department’s funding of teenage parenting support projects. Unfortunately, the facts are different. The Young Mothers in Education project precedes the projects to which the Minister referred and has been in place since 1999. It was funded through the hospital in Galway until 2004, while from 2004 until 2006 it received funding under the special projects for youth in the Department of Education and Science. A further contradiction is that the teenage pregnancy programme frequently used the Young Mothers in Education project for the education component of its project. The latter programme was in place before the former project and had a remarkable success rate. Last Saturday, many of the mothers who had been through the programme reported on their experience. The mothers in question are aged up to 25 years and are not all teenagers. Some of them are married, while others are in different types of relationship. One is enrolled for a PhD in Univer- sity College Galway, while a second is doing a master’s degree at the college. Participants have had considerable success. The Young Mothers in Education programme advises participants on all the options available to them in education, arranging child care, form filling and other matters. The mothers attending the meeting spoke about the time, space and energy needed in the evening to study. The project has applied to the Department for funding since 2002. Having received special funding in 2004, 2005 and 2006, it had a reasonable expectation that the plug would not be pulled in 2007-08. I understand the funding required amounts to \50,000 to \60,000, which is used by the project officer and would trigger funding from other sources to enable the scheme to continue. The future of the project is at stake.

658 Educational 27 February 2008. Projects

I urge the Minister not to read out again the reply to my parliamentary question, which contains some factual errors in that it fails to recognise the true history of the project. When I was requested to table a question, I was asked what project 60 mothers could go to if the Young Mothers in Education project is left unfunded. I appeal to the Minister to reconsider. The project could be funded for the period 2007-08, after which a review could be carried out to determine how it could be integrated with another project. It should not be left without funding as this would put 60 mothers and their families at risk of being dumped back into a cycle of poverty. The achievements of the project have been incredibly valuable and it is deeply appreciated. Last Saturday, when former participants in the project returned to report on their experiences, they all gave a testament to this fact. I ask the Minister to review the position to determine whether funding can be provided in some form to enable this good work to continue.

Deputy Mary Hanafin: I thank Deputy Michael D. Higgins for raising this matter on the Adjournment. It offers me an opportunity to clarify my Department’s funding measures and other support measures in place with the objective of assisting vulnerable groups such as the group in question to further their education. In assessing applications for funding my Department gives consideration to interventions already in place and supported by my Department in the areas concerned so as to avoid duplication of effort and resource. The Department supports the educational element of eight teenage parenting support projects under the Health Service Executive’s teenage parenting support initiative——

Deputy Michael D. Higgins: The Minister is repeating her reply to my parliamentary question.

Deputy Mary Hanafin: This is the answer which sets out the facts.

Deputy Michael D. Higgins: No, it sets out a refusal.

An Ceann Comhairle: The Minister must be allowed to conclude.

Deputy Mary Hanafin: It would be inappropriate to support a second initiative in an area which provides a similar service to the same target group. Funding has been committed in 2008 to the eight teenage parenting support projects as a specific gender element of the school completion programme under DEIS in preventing early school leaving among teenage mothers. Links have been established between local school completion projects in these areas, assisted by the national co-ordination team and the teenage parenting support initiative co-ordinators. The aim of these projects is to enable young women who are pregnant and young mothers to stay in second level education and progress to third level education or training. The project does this by providing individual support, information and grinds where necessary. Young people participating in teen parenting support programmes are targeted in school, out of school and in higher and further education, giving them the opportunity to reach their full potential through continued participation in education and training. This will improve their life opportunities and reduce the likelihood of the young family experiencing poverty and social exclusion and being long-term dependants on State support. Single parents are target-groups of two further education programmes, the back to education initiative and vocational training opportunities scheme. Grants towards the cost of child care are given to VECs to be used to assist with the provision of child care support for learners in the vocational training opportunities scheme, Youthreach, senior traveller training centres and

659 The 27 February 2008. Adjournment

[Deputy Mary Hanafin.] back to education initiative. The aim of this support is to attract people whose attendance is currently prevented by child care responsibilities to enrol on these programmes. Parents and guardians generally may avail of these grants. Greater affordability of child care, linked to the creation of additional child care places, has been a key principle in the previous and current national development plans. The Government has provided unprecedented levels of funding for child care in recent years. A sum of \499.3 million was allocated to the Equal Opportunities Childcare Programme, EOCP, 2000-2006 and some 41,000 places will have been created by the time the programme finishes. Child care provision will continue to attract substantial investment under the new National Child Care Investment Programme2006-2010. A sum of \575 million has been allocated to the new programme, which will be administered by the Office of the Minister for Children and aims to provide a proactive response to the development of quality child care services by supporting the creation of an additional 50,000 places. The Government also introduced the early childhood supplement of \1,000 per child under six years to help parents with child care costs. The Government discussion paper, Proposals for Supporting Lone Parents, put forward proposals for the expanded availability and range of education and training opportunities for lone parents; the extension of the national employment action plan to focus on lone parents; focused provision of child care; improved information services for lone parents; and the introduction of a new social assistance payment for low income families with young children. A sub-group of the senior officials group on social inclusion, on which my Department is represented, is working on an implementation plan to progress the non-income recommendations. Work on the development of this implementation plan is progressing. Issues, including access to child care support, education, training and activation measures, continue to be discussed with the relevant Departments and agencies.

Deputy Michael D. Higgins: To which project will the 60 mothers go?

Deputy Mary Hanafin: In this regard, my Department is co-operating with the Department of Social and Family Affairs, the Office of the Minister for Children and FA´ S in testing the non-income activation proposals in Coolock in Dublin and Kilkenny. My Department also received an application on behalf of the group in question to be considered for funding in 2008 under my Department’s special projects for youth scheme in the youth work sector, which comes under the remit of the Minister of State, Deputy Sea´n Haughey. Pending completion of the 2008 funding allocations process for the youth work sector and owing to budgetary constraints and the high level of existing commitments in the youth work sector, I am not in a position to make any commitments with regard to funding for the group in question on the youth work side.

Deputy Michael D. Higgins: That was a disgraceful reply.

The Da´il adjourned at 9.20 p.m. until 10.30 a.m. on Thursday, 28 February 2008.

660 Questions— 27 February 2008. Written Answers

Written Answers.

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

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Questions Nos. 1 to 6, inclusive, answered orally.

Questions Nos. 7 to 12, inclusive, resubmitted.

Questions Nos. 13 to 23, inclusive, answered orally.

Legislative Programme. 24. Deputy Bernard Allen asked the Minister for the Environment, Heritage and Local Government when he expects the Green Paper on Local Government Reform to be published; and if he will make a statement on the matter. [8124/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Programme for Government contains a commitment to publish a Green Paper on Local Government Reform, which will examine a number of issues with the objective of making local government more transparent and responsive. The Green Paper, which I am currently finalising and which will be published shortly, will present options for reform in advance of a subsequent White Paper. I established a Consultative Committee, which met for the first time in September 2007, to advise me on the production of the Green Paper. The Committee’s members included local government interests, Government Departments and others with an interest in local government. The Committee had initially intended to conclude its work by early December 2007. However, given the breadth of the issues involved, the Committee decided to have a further meeting on 20 December to consider its work. Since then I have been engaged with my Depart- ment in reviewing the public submissions and the work of the Consultative Committee, and in preparation of the text of the Green Paper. The Green Paper represents the initial phase of a transparent, inclusive policy formulation process. Its purpose is not to arrive at a single solution, but to present options for further consideration. It is my objective that it should initiate a broad and lively debate on the future of local government. 661 Questions— 27 February 2008. Written Answers

Waste Management. 25. Deputy Alan Shatter asked the Minister for the Environment, Heritage and Local Government if he has plans to reduce waste from packaging; and if he will make a statement on the matter. [8204/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Ireland has a successful track record in packaging waste recycling. Under the EU Packaging Directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005. The Environmental Protection Agency (EPA) has reported in its National Waste Report 2006 — published in January 2008 — that packaging waste recovery stood at 57.3% in that year, indicating that Ireland continues to exceed the current recovery target of 50% set by the Packaging Directive and is well on the way to achieving the new 60% target by end 2011. A National Strategy Group on Packaging Waste Recycling — which is co-chaired by my Department and Repak and involves key public and private sector stakeholders — was established in late 2004 to develop a packaging waste strategy for the period to 2011. Measures aimed at reducing the amount of packaging waste arising through prevention and minimisation will form an integral part of the Strategy which will be published later this year. In October 2007, I challenged the packaging industry to develop appropriate measures to promote packaging waste prevention and minimisation similar to the Courtauld Commitment in the UK. The Courtauld Commitment is an agreement between the UK’s Waste & Resources Action Programme (WRAP) and major grocery retailers in the UK with the aim of reducing packaging waste. In response to this challenge, many of the major Irish retailers have given a commitment to work with their suppliers to reduce the amount of packaging used in their stores and have agreed to set a timeframe to accomplish these reductions. Retail Ireland and Repak Limited, who are co-ordinating this initiative, envisage that a voluntary agreement covering a three to five year horizon will be developed and signed off in the latter part of 2008.

Ministerial Appointments. 26. Deputy Enda Kenny asked the Minister for the Environment, Heritage and Local Government if he will appoint a national waste regulator; when such an appointment will be made; the powers such a regulator will have; and if he will make a statement on the matter. [8177/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I recognise that significant regulatory issues have emerged as waste management services have rapidly evolved in recent years, including through the rapid growth in, and consolidation of, the private waste management sector. These issues, which have been the subject of a formal public consultation, include the dual role of local authorities as regulators and service providers, the need to ensure that waste services are provided in a manner consistent with the achievement of national and EU environmental objectives and targets, and the need to ensure that necessary public service criteria in relation to the provision of services in particular areas or in respect of specific households are properly reflected. The existing regulatory framework requires modernisation. The identification of the changes necessary will be greatly assisted by the current OECD review of the Irish public service, which includes a specific case study on waste management, and will be implemented in the context of the overall review of national waste management policy provided for in the Programme for Government and now being initiated.

662 Questions— 27 February 2008. Written Answers

Health and Safety Regulations. 27. Deputy Kathleen Lynch asked the Minister for the Environment, Heritage and Local Government the actions taken as a result of any reports concluded to date (details supplied); when reports not completed are due to be completed; when the committees groups and commissions are due to commence and complete their work; and if he will make a statement on the matter. [8048/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The scope of this question covers the commissioning of 16 reports and the setting up of 10 committees, commissions and other working groups details of which were included in the reply to Question No. 1383 of 30 January 2008. Of the 16 reports commissioned, 4 reports have been received. The recommendations of the report in relation to the Department’s supervisory and management role in relation to a civil works contract undertaken by Limerick City Council will be implemented in full. The recommendations of three reports in relation to the stability of an esker at Rath Lugh, Co. Meath; the need for “Living over the Shop” tax incentives to support Urban Regeneration in NSS Gateways and an Intertidal Survey of Sandflats in 7 Bays are under consideration. 12 reports are still in preparation and will be submitted at various dates up to November 2010. All 10 committees, commissions and other working groups have commenced their work and have been meeting on a regular basis. The Limerick City Boundary Committee has completed its report and its recommendations are being implemented with effect from 1 March 2008. The High Level Group on Climate Change is a standing committee and the timescale for the completion of the work of the remaining committees varies considerably depending on their nature.

Planning Issues. 28. Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government if he will abolish the \20 fee that has to be paid by members of the public wishing to make a submission to a local authority regarding a planning application; and if he will make a statement on the matter. [8031/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The \20 fee for making a submission on a planning application was introduced in the context of the comprehensive review of planning legislation which culminated in the Planning and Development Act 2000 and the Planning and Development Regulations 2001. The fee was introduced in tandem with the increased rights given to third parties in the planning process in the revised legislation. Since the enactment of the 2000 Act planning authorities are statutorily obliged to acknowledge submissions on planning applications and to consider those submissions before making decisions on planning applications. Persons who make submissions are also entitled to be notified of:

• any new information provided;

• the decision of the planning authority;

• an appeal against the decision of the planning authority.

My Department is currently examining the costs of the planning service with a view to reviewing the Regulations relating to planning application fees in the context of improving further service delivery. Any proposed changes to the current fees structure, including the fee for making a submission on an application, will require the endorsement of the Oireachtas.

663 Questions— 27 February 2008. Written Answers

EU Directives. 29. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government the steps that have been taken to transpose the Environmental Liability Directive into Irish law to hold operators who cause damage to the environment financially liable for remedying the damage; and if he will make a statement on the matter. [8037/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department has prepared a Screening Regulatory Impact Analysis on the options for transposing the EU Environmental Liability Directive. This document is available on my Department’s website (www.environ.ie), and the views of interested parties have been sought on it. These views have now been received and assessed. Preparatory work on drafting the legal instrument for transposing the Directive is underway in consultation with the Office of the Attorney General. I will publish the draft instrument for public consultation as soon as possible.

Planning Issues. 30. Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government if it is permissible for a local authority to facilitate a Part VIII development, if the local authority has no stake hold itself in the development; and if he will make a statement on the matter. [8046/08]

38. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government the regulations in place regarding Part VIII developments by local authorities; the liability a local authority has to advertise a Part VIII development; the liability a local authority has to make the public aware of the distinct characteristics of a Part VIII submission; and if he will make a statement on the matter. [8045/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 30 and 38 together. Section 179 of the Planning and Development Act 2000 and the associated Part 8 of the Planning and Development Regulations 2001, set out the legal requirements in relation to local authority own development which does not require environmental impact assessment. Where a planning authority proposes to carry out development in accordance with Part 8 the Manager of the planning authority must consult the public and prescribed authorities. In doing so, the planning authority must:

• Erect a site notice and publish a newspaper notice indicating the location, nature and extent of the development;

• State in these notices that plans and particulars of the proposed development are available for inspection at the offices of the local authority for a specified period;

• Send notice of the proposed development to a list of prescribed bodies; and

• Invite the making of submissions or observations on the proposed development.

In addition, proposals for developments to be carried out by local authorities are subject to review by the elected members. The members can decide, by resolution, to vary or modify the proposed development, other than as recommended by the manager, or can decide not to proceed with the development. Local authorities are then required to give notice of their decision to any persons or bodies who made submissions or observations.

664 Questions— 27 February 2008. Written Answers

These public consultation procedures also apply to proposed development under section 179(1)(d) of the 2000 Act where development is proposed to be carried out on behalf of, or in partnership with, the local authority in its own functional area, pursuant to a contract with the local authority, for example, by way of public private partnership.

31. Deputy John Perry asked the Minister for the Environment, Heritage and Local Govern- ment if he has plans to make the provision of architectural services a necessity in local authority planning offices; if he has plans to increase resources to local government in this regard; and if he will make a statement on the matter. [8201/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements, including the provision of architectural services, necessary for carrying out the functions of the local authorities for which he or she is responsible. My Department makes an annual General Purpose Grant to local authorities to meet the gap between the cost to them of providing a reasonable level of day-to-day services, including staff and related costs, and the income they obtain from other sources. The amount that has been provided this year represents an increase of \52 million, or 5.4%, over the record amount provided in 2007 and is some 195% above the amount provided in 1997.

Legislative Programme. 32. Deputy Joan Burton asked the Minister for the Environment, Heritage and Local Government if, in view of the pending review of local government and the revision of local election boundaries, he will introduce regulations in regard to election spending in local elections; and if he will make a statement on the matter. [8040/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In accordance with the Programme for Government, my Department will be publishing a Green Paper on local government reform shortly. The Green Paper will examine a number of issues with the objective of making local government more transparent and responsive, and will set out options for reform in advance of a subsequent White Paper. One of the issues which the Green Paper will address is the question of expenditure limits at local elections. There are currently no such limits, although expenditure, as well as donations over a \635 threshold, must be disclosed.

Electronic Voting. 33. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his views and proposals in the ongoing matter of the costly storage of the e-voting technology; if he will examine, review or otherwise revise the storage contracts involved; if he has carried out an investigation into the circumstances surrounding the major capital expenditure involved in the manufacture, development and promotion of the technology; if it is intended to advertise the equipment on the international markets with a view to cutting the losses incurred; and if he will make a statement on the matter. [8102/08]

39. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government when he plans to dispose of the e-voting machines that are being stored by the Government at the expense of the taxpayer; and if this is not his intention, the future role he envisages for them to justify the expense of storing them. [7699/08]

665 Questions— 27 February 2008. Written Answers

197. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if other countries that currently use e-voting might be persuaded to accept e- voting technology in storage here, for a particular sum; and if he will make a statement on the matter. [8407/08]

198. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he has had discussions within his Department, with other Departments or representatives of other jurisdictions, with a view to the disposal of the e-voting technology; if other jurisdictions with confidence in such a system might be willing to pay the full capital costs and storage costs to date in the event of an agreed sale; and if he will make a statement on the matter. [8408/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 33, 39, 197 and 198 together. Responsibility for storage of manual voting equipment has always been a matter for the local returning officers and so similar responsibility was assigned to them in regard to the electronic voting equipment. In the majority of cases, leases were entered into by them for the storage of the machines, which have a 20-year lifespan. The Government decision to centralise storage of the electronic voting equipment was made taking into account a range of factors, including costs of local and centralised arrangements and the likely benefits to be realised; the majority of the electronic voting machines are now stored in containers at Gormanston Camp. My Department engaged consultants with valuation expertise in May 2007, following a competitive tendering process, to examine individual lease arrangements and to make recommendations as to termination of the leases, where appropriate. The consultants’ recommendations are currently under consideration in the Department. I am at present considering the next steps to be taken in relation to this project. In this, I am taking into account the work of the Commission on Electronic Voting which has examined the system, relevant experiences and developments internationally, and the need to maintain public confidence in the electoral process, as well as the provisions in the Programme for Government relating to electoral reform generally. My Department has not made or received enquiries or approaches, relating to other jurisdictions, along the lines referred to in the Questions.

Flood Risk Assessment.. 34. Deputy Liz McManus asked the Minister for the Environment, Heritage and Local Government the position regarding the need to prevent future housing development on flood plains and in particular areas identified under the Office of Public Works flood hazard mapping programme as being at significant risk of flooding; if he will bring forward legislation that would give a special designation to such areas that would prevent inappropriate housing development; and if he will make a statement on the matter. [8032/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): As I stated in reply to Question No. 272 of 31 January 2008, the First Schedule of the Planning and Development Act 2000 specifies, inter alia, that planning authorities may include in their development plans objectives regulating, restricting or controlling development in areas at risk of flooding. Where development is proposed in an area at risk of flooding, it is a matter for each planning authority to evaluate such risk, on the basis of a flood risk assessment where appropriate, and planning permission may either be refused, or, if granted, can be made subject

666 Questions— 27 February 2008. Written Answers to conditions requiring the implementation of measures necessary to alleviate or avoid damage due to flooding. Guidelines for Planning Authorities on Development Plans were published by my Depart- ment in June 2007 to further assist planning authorities in the preparation of development plans. The guidelines recommend that flood risk should be considered at relevant stages of the planning and development process and that the aim should be to ensure that existing flood risks are either reduced or addressed and that new development does not individually or cumu- latively give rise to new flood risks, particularly in the context of potential impacts arising from climate change. My Department, in conjunction with the OPW, is preparing more comprehensive guidance on flooding and the planning system, which it is intended to issue for public consultation and finalisation this year. Preparation of these guidelines, and the mapping resources already available to planning authorities on the OPW’s National Flood Hazard Mapping website (www.floodmap.ie), are two of the key actions arising from the work of the Flood Policy Review Group. I intend to issue these guidelines under Section 28 of the Planning and Development Act 2000 and planning authorities and An Bord Pleana´la will be required to have regard to them in the performance of their functions. I have no current proposals to bring forward legislation on this issue.

Planning Issues. 35. Deputy Michael D. Higgins asked the Minister for the Environment, Heritage and Local Government the policy directives given to local authority planners as regards density levels in high rise apartment developments; and if he will make a statement on the matter. [8047/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under section 29 of the Planning and Development Act 2000, I have powers, as Minister, to issue policy directives to planning authorities regarding any of their functions under the Act, and planning authorities are required to comply with any such directives in the performance of their functions. No such policy directives have been issued to planning authorities in relation to density levels in high-rise apartment developments. On 18 September 2007, I published Guidelines for Planning Authorities on Sustainable Urban Housing: Design Standards for New Apartments, under section 28 of the Planning and Development Act 2000. In accordance with section 28, planning authorities and an Bord Pleana´la must have regard to the guidelines in the performance of their functions. The aim of these guidelines is to promote successful apartment living by setting minimum standards for well-designed apartments, particularly in terms of internal space standards, including storage space. While the guidelines set a range of minimum standards for the design and layout of new apartments, there is no reference in them to density levels within apartment developments or to building heights. I also published for public consultation, on 10 February 2008, Draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, together with an accompanying best practice Urban Design Manual which illustrates how these guidelines can be implemented. These new draft guidelines, which were issued under section 28 of the Act, are intended to replace the 1999 Guidelines for Planning Authorities on Residential Density, and are focused on creating sustainable communities by incorporating the highest design standards and providing a co-ordinated approach to the delivery of essential infrastructure and services. The objectives of the new guidelines are to:

667 Questions— 27 February 2008. Written Answers

[Deputy John Gormley.]

• set out stronger planning requirements to facilitate the development of sustainable communities through strengthening planning and the provision of necessary supporting services and amenities;

• help achieve the most efficient use of urban land through housing densities that are appropriate to the location involved and availability of supporting services and infrastructure, particularly transport; and

• set high standards in terms of space and facilities to meet the needs of the Irish context.

The 12-week public consultation period for the receipt of submissions ends on 6 May 2008.

EU Directives. 36. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the steps being taken to ensure that people here have access to justice in respect of environmental matters in accordance with Ireland’s obligations under European Union law and signing up to the Aarhus Convention; and if he will make a statement on the matter. [8033/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Ireland signed the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters on 25 June 1998. Progress towards ratification of the Convention is closely aligned with work at EU level and, in that context, the European Union has adopted two Directives as part of the ratification process for the Convention. These deal with public access to environmental information (2003/4/EC) and public participation in certain environmental decision-making procedures (2003/35/EC). Regulations transposing the European Communities (Access to information on the Environment) Directive 2003/4/EC were signed and came into effect on 1 May 2007. The process to transpose Directive 2003/35/EC is well advanced with legislation completed to amend the majority of the relevant consent systems pertaining to that Directive within the Irish legislative framework. Work is continuing on the outstanding issues, and will be finalised by the Departments concerned at the earliest possible date. The system of judicial review gives effect to the third, or access to justice, pillar of the Aarhus Convention. Other forms of redress — such as appeals against decisions of planning authorities to An Bord Pleana´la and recourse to the Ombudsman where applicable — also partially satisfy the access to justice requirements.

Local Government Elections. 37. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if the recently established Commission on the local electoral area boundaries will take cognisance of requested boundary extensions when reviewing electoral areas; and if he will make a statement on the matter. [8043/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On 8 January 2008 I announced that I had established two committees to review local electoral areas. The Electoral Area Committees are operating under statutory terms of reference given to them under the provisions of the Local Government Act 1991 and are independent in the performance of their functions. Without prejudice to the independent role of the Committees,

668 Questions— 27 February 2008. Written Answers it is envisaged that their recommendations will take account of local authority administrative boundaries which are in operation at the time of the submission of the Committees’ reports.

Question No. 38 answered with Question No. 30.

Question No. 39 answered with Question No. 33.

Motor Taxation. 40. Deputy Sea´n Barrett asked the Minister for the Environment, Heritage and Local Government if he has plans to reconcile the new motor taxation scheme commencing on 1 July 2008 with the existing motor taxation scheme, in order to prevent inequalities in the treatment for taxation purposes of identical vehicles purchased prior to July 2008, and in the resale values of otherwise perfectly good cleaner motor vehicles; and if he will make a statement on the matter. [4025/08]

52. Deputy Richard Bruton asked the Minister for the Environment, Heritage and Local Government if he is satisfied that the delay in implementing changes in motor tax charges has not created perverse incentives in the short term. [2140/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 40 and 52 together. As the Deputies will be aware the Motor Vehicle (Duties and Licences) Bill 2008 is currently before the House and I refer to the reply to the second stage debate on Tuesday 26 February 2008.

Water Quality. 41. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he can guarantee an adequate and secure supply of domestic drinking water over the next 10 years; if current storage and treatment facilities are adequate; his plans for conservation and quality control; his proposals to eliminate any possible threat of pollution from inefficient, overloaded or otherwise inferior municipal waste water treatment systems; and if he will make a statement on the matter. [8103/08]

200. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to ensure the adequate supply and storage of drinking water here with particular reference to the Greater Dublin Area having particular regard to the fact that most of the local authorities are of the opinion that storage, future supplies and current requirements are at a critical balance; when it is expected that he will be in a position to address these issues; and if he will make a statement on the matter. [8410/08]

201. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he will provide an assurance that adequate steps have been taken to prevent a recurrence of the pollution of drinking water such as occurred in 2007 in Galway; and if he will make a statement on the matter. [8412/08]

202. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he will provide the necessary funds to augment, upgrade or otherwise improve or replace sewage treatment plants here with a view to eliminating pollution of the waterways by municipal authority sewage treatment systems; and if he will make a statement on the matter. [8413/08]

669 Questions— 27 February 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I propose to take Questions Nos. 41, 200, 201 and 202 together. Management of public drinking water supplies is generally the responsibility of the local authorities, which have a range of instruments and measures available to them to produce and conserve sufficient supplies to meet anticipated needs and to ensure quality standards. In addition, my Department coordinates and finances a major programme of investment in improved water supply infrastructure, active leakage control, telemetry and rehabilitation of watermains. The Environmental Protection Agency’s (EPA) most recent report on drinking water supplies “The Provision and Quality of Drinking Water in Ireland — A Report for the Years 2006-2007” is available in the Oireachtas Library. The report has identified 339 public water supply schemes that require detailed profiling from catchment to consumer to determine whether the supply needs to be replaced or upgraded, or where operational practices need to be improved to ensure that the water supplied to the general public is clean and wholesome. The Agency has asked the local authorities concerned to draw up action plans to address the issues raised in each of these cases. My Department is simultaneously assessing the implications for the Water Services Investment and Rural Water Programmes and I have already indicated that a contingency funding arrangement is in place that will be available to implement any necessary remedial measures. The Drinking Water (No. 2) Regulations, 2007, have strengthened the enforcement provisions in relation to drinking water standards. The Regulations provide for the supervision of local authority drinking water supplies by the EPA. Local authorities continue to be responsible for supervising group water scheme supplies but all monitoring programmes are now subject to approval by the Agency, which is also required to supervise the performance by local authorities of their monitoring functions. Penalties for non-compliance with the requirements of the Regulations have been increased considerably with the inclusion of indictable offence provisions, and supervisory authorities now have powers of direct intervention if necessary to ensure compliance with their directions. The most up-to-date information in relation to the operation of local authority waste water treatment facilities may be obtained from the EPA’s publication “Urban Waste Water Dis- charges in Ireland — A Report for the Years 2004 and 2005”. The Agency’s report “Water Quality in Ireland 2007” sets out the factors adversely impacting on water bodies, including wastewater discharges. These publications are also available in the Oireachtas Library. The Waste Water Discharge (Authorisation) Regulations, 2007, provide for an authorisation system for urban wastewater discharges by local authorities and for the purpose of giving further effect to the Dangerous Substances Directive and the Water Framework Directive. The authorisation system is being administered by the EPA and applies to all discharges to waters from sewage treatment plants or collection systems owned or controlled by local authorities. The Government’s commitment to improving water services infrastructure to meet the highest international standards is reflected in the very substantially increased funding of some \4.7 billion provided for water services in the National Development Plan 2007-13, an increase of 27% on the previous NDP. Details of currently approved water supply and wastewater projects are set out in my Department’s Water Services Investment Programme 2007-2009 which is available in the Oireachtas Library. The schemes included in the Water Services Investment Programme are derived mainly from regular assessments of needs undertaken by local authorities, at my Department’s request, as an input to the overall strategy for meeting water supply and treatment requirements. New

670 Questions— 27 February 2008. Written Answers assessments were carried out in 2006 and the priorities adopted by the local authority elected members were taken into account in the preparation of the current Programme. Among the criteria local authorities are required to take into account in preparing assessments of needs is compliance with national and EU drinking water and wastewater treatment standards and future long-term capacity requirements. The Water Services Act 2007 provides for each local water services authority to prepare a strategic water services plan for its area every 6 years at least. Such plans will outline the situation in relation to water services provision, both current and projected, and identify appropriate responses. It is envisaged that the new process will ensure that planning for water services is fully integrated into national investment planning for social and economic development. The relevant provisions will be brought into force as soon as related guidelines and training are in place, early in 2009. Overall, the resources being put in place by my Department will ensure that the coverage and quality of the national water services infrastructure is adequate to meet current and anticipated demands.

Energy Conservation. 42. Deputy Ruairı´ Quinn asked the Minister for the Environment, Heritage and Local Government the steps he will take, in view of the fact that electricity consumption at the Custom House has increased by 5% over the past three years, to ensure that this trend is reversed; and if he will make a statement on the matter. [8038/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In accordance with its Environmental Policy Statement, my Department is fully committed to the conservation and effective management of resources, including resources utilised through electricity consumption. This is a critical element of our accreditation to ISO 14001 in respect of the Custom House. To minimise energy consumption, my Department uses a number of energy saving devices such as energy efficient lights, powersave function on electrical office equipment and photocopiers with duplex facilities etc.. Staff are encouraged on an ongoing basis to avail of all opportunities to reduce wastage within offices, and we are also working with the Office of Public Works (OPW) and Sustainable Energy Ireland with a view to introducing further energy saving measures. My Department will be among the first Departments to participate in the recently launched OPW Optimising Power @ Work, Staff Energy Awareness Campaign. This campaign, which will begin in my Department in early March, aims at achieving a minimum of 15% reduction in total annual carbon dioxide emissions through an intensive staff energy awareness initiative towards optional efficiency in respect of all energy consuming processes.

Architectural Heritage. 43. Deputy James Bannon asked the Minister for the Environment, Heritage and Local Government the reason he is overlooking the national inventory of heritage sites, which is leading to places of heritage value being omitted from world heritage status to the detriment of the tourist industry here and national heritage; and if his attention has been drawn to the sites he is overlooking. [7698/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Nominations for World Heritage Status will only be considered if the site has already been included on the State Party’s tentative list, which is an inventory of those cultural and natural heritage properties considered to be of outstanding universal value. This is in line with the

671 Questions— 27 February 2008. Written Answers

[Deputy John Gormley.] ‘Operational Guidelines of the World Heritage Convention’. (A copy of these guidelines is available on the UNESCO website). The current tentative list was compiled in 1992 by an internal Departmental committee, following a public consultation process, and formally submitted to UNESCO in accordance with the UNESCO World Heritage Convention. The tentative list includes the Western Stone Forts, Cashel, Killarney National Park, North West Mayo Boglands, Clara Bog, Clonmacnoise, the Burren and Ce´ide Fields. The World Heritage Committee recommends that tentative lists be reviewed every ten years. It is my intention to review Ireland’s tentative list of sites this year. The preparation of any additional applications for inscription of any new sites will be considered in the context of that review. The structures on the National Inventory of Architectural Heritage (NIAH), which currently number in excess of 25,000, would not automatically satisfy the criteria of “outstanding universal value” in World Heritage terms.

Waste Management. 44. Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government the status of the Poolbeg incinerator; the role his Department has had in the project; and if his Department plans on playing a part in the process to prevent it from going ahead. [8075/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The facility in question is provided for in the Dublin regional waste management plan for which the four Dublin local authorities have statutory responsibility under the Waste Management Acts. Section 60(3) of the Waste Management Act, 1996 specifically precludes the Minister, and therefore the Department, from any involvement in anything for which a local authority or the EPA has statutory responsibility. This includes the waste licensing system for which the EPA is responsible. The facility is the subject of a waste licence application and a final decision by the EPA is awaited. It has already been granted planning permission by An Bord Pleana´la, a process from which the Minister is also precluded under planning legislation. In view of its status as a prospective public private partnership, my Department was involved in certifying that the procurement was conducted in accordance with public policy on the procurement of infrastructure in this way. My Department also grant-aided the costs of the consultants retained by the local authorities to advise them in the procurement process for this and other projects provided for in the Dublin Regional Waste Management Plan. The Department by letter dated 14 September 2005 advised Dublin City Council, which acts as lead authority for the project, that having considered the submissions received in respect of the procurement process there was no objection to Dublin City Council proceeding to enter into contractual arrangements with the selected private partner. The Department has no further role in the matter.

Environmental Protection Agency. 45. Deputy Martin Ferris asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the review and revision of the role of the Environ- mental Protection Agency. [8027/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question Nos. 500 and 501 of 26 February 2008. I am considering the form that the review of the role, procedures and governing legislation of the Environmental Protec- tion Agency, as provided for in the Programme for Government, should take.

672 Questions— 27 February 2008. Written Answers

Parking Regulations. 46. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the way in which his Department is liaising with the Department of Transport and An Garda Sı´ocha´na to address illegal parking in disabled car parking spaces through enforcement, increasing fines and public awareness as outlined in the Department of Transport Disability Act 2005 Sectoral Plan; and if he will make a statement on the matter. [8120/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Department of Transport’s Sectoral Plan, prepared under the Disability Act 2005, proposes that it will ensure that access to bus stops and disabled parking bays is not obstructed by illegal parking by substantially increasing fixed charge fines for such offences and through better enforcement by An Garda Sıóchańa and local authority traffic wardens. The plan further indicated that the Department of Transport would liaise with An Garda Sıóchańa and my Department concerning improved enforcement. A meeting between the Department of Transport and my Department to review the respective objectives in this area in both Sectoral Plans will be held shortly.

Social and Affordable Housing. 47. Deputy Lucinda Creighton asked the Minister for the Environment, Heritage and Local Government if he will to amend Part V of the Planning and Development Act 2000 to ensure that the social and affordable aspects of housing developments will be provided on site in future; and if he will make a statement on the matter. [8076/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): A review of Part V of the Planning and Development Act 2000, undertaken by my Department in 2002 in consultation with a wide range of interested bodies including local authorities and representatives of the house building industry, professional institutes and voluntary housing providers, concluded that greater flexibility in the operation of the Part V mechanism was required. Measures to achieve this were contained in the Planning and Development (Amendment) Act 2002, which introduced a range of options for compliance with Part V including the provision of social and affordable housing off-site. These options are designed to ensure that the Part V objectives set in relation to the provision of social and affordable housing are met. They enable local authorities and approved voluntary housing bodies to provide such housing more efficiently and effectively. I am satisfied that Part V is operating effectively, evidenced by its increased delivery of both social and affordable housing. Accordingly, I have no plans to amend the legislation.

Planning Issues. 48. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment the interaction he has had in relation to the development of either county development plans town plans or area action plans by local authorities in relation to the community aspect of such plans; and if he will make a statement on the matter. [5573/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The National Spatial Strategy and Regional Planning Guidelines identify improved social, amenity and cultural infrastructure as being key to achieving improved quality of life and providing better places for people to live in. In turn, these aims are translated into concrete policies and actions in county and city development plans, as well as through local area plans.

673 Questions— 27 February 2008. Written Answers

[Deputy John Gormley.]

I am a statutory consultee in relation to all city and county development plans and local area plans, and take due account of all planning aspects of the draft plans, both in terms of ensuring that the plans reflect appropriately national and regional policies and priorities and assessing whether they provide for the proper and sustainable planning of the area. In addition, Guidelines for Planning Authorities on Development Plans, which were published by my Department in June 2007, emphasise the objectives for the provision of community facilities as required by the Planning and Development Act 2000. Under the Act, local authorities must have regard to the need for community facilities in preparing their development plans. For example, section 10(2) of the Act requires development plans to include objectives for the provision, preservation, improvement and extension of amenities and recreational amenities and also the provision, or facilitation of the provision, of services for the community including, in particular, schools, cre`ches and other educational and childcare facilities. The Act also requires local area plans to be consistent with the objectives of the development plan for the area. As indicated in reply to Question No. 23 on today’s Order Paper, on 10 February 2008 I published for public consultation the Draft Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, together with an accompanying best practice Urban Design Manual which illustrates how these guidelines can be implemented. These new guidelines are intended to replace the 1999 Guidelines for Planning Authorities on Residential Den- sity, and further strengthen the emphasis of the 1999 guidelines in relation to the quality of open space including spaces suitable for children’s play and passive amenity. Moreover, the new draft guidelines provide greater detail on the need for quality community and recreational facilities to be fully integrated into the planning of new residential developments. The 12-week public consultation period for the receipt of submissions ends on 6 May 2008.

Local Authority Housing. 49. Deputy Joe Costello asked the Minister for the Environment, Heritage and Local Government when, in view of the 2008 legislative programme and the Social Housing (Miscellaneous Provisions) Bill, he anticipates that the legislative framework will be in place to enable tenants of council flats to purchase their homes under the tenant purchase scheme; and if he will make a statement on the matter. [8044/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): I refer to the reply to Question No. 1404 of 30 January 2008. A scheme for the tenant purchase of local authority apartments will be introduced as soon as practicable after enactment of the necessary legislation.

Wildlife Protection. 50. Deputy Brian O’Shea asked the Minister for the Environment, Heritage and Local Government the steps being taken to implement the Birds and Habitats Directive and to comply with the judgement of the European Court of Justice in Case C-418/04 and in particular to ensure that habitats and species of birds covered by the directives are protected appropriately; and if he will make a statement on the matter. [8034/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): On 13 December 2007, the European Court of Justice passed Judgment in case C 418/04, Com- mission v Ireland which identified a number of shortcomings in Ireland’s transposition and

674 Questions— 27 February 2008. Written Answers implementation, up to 2004, of the Birds Directive 79/409/EEC and its implementation of Article 6 of the Habitats Directive 92/43/EEC. My Department met with Commission officials recently to discuss the substantive steps already taken by Ireland in anticipation of the ruling, including changes to the relevant regulations in 2005 and a substantial number of designations or re-designations of large areas as Special Protection Areas for birds. The additional measures that will now need to be taken were also discussed, including revisions to the regulations implementing the Directives, further designations for specific species and an increased emphasis on assessment of proposals for their potential impacts on areas important for birds. My Department will continue actively to engage with the Commission in this regard over the coming months.

Planning Issues. 51. Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if he will re-examine his decision to impose a local needs restriction for building houses in the non CLA´ R areas of County Monaghan; his views on the fact that County Monaghan has one of the lowest population increases in the country and that this restriction is unjustified, unfair and takes away the rights of people in a totally unnecessary way; and if he will make a statement on the matter. [8097/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Monaghan County Development Plan 2007-2013 was adopted in March 2007 following public consultation at draft and material amendment stages. At both stages, my Department expressed serious concerns that the draft plan did not support the objectives of the National Spatial Strategy, the Regional Planning Guidelines for the Border Region, or the Sustainable Rural Housing Guidelines. The Council’s draft plan did not adequately identify areas under strong urban pressure, particularly in those parts of the County close to the main towns of Monaghan, Carrickmacross and Castleblayney and along the N2 National Primary Route. This runs counter to the approach set out in the Sustainable Rural Housing Guidelines published in April 2005. These Guidelines apply to all planning authorities and are aimed at striking a balance between providing a sustainable planning framework for rural housing and making it easier for those who are part of, or have links to, local rural communities to build a house. The Guidelines provide that reasonable planning proposals on suitable sites in rural areas for persons who are part of, contribute to, or have links with the rural community should be accommodated. They thus affirm a presumption in favour of quality one-off housing for rural communities, provided proposals meet normal standards in relation to matters such as proper wastewater disposal and road safety. The Guidelines also classify rural areas for housing purposes, and specifically address those locations, such as CLA´ R areas, suffering from de-population. The rural planning policies proposed in the Monaghan County Development Plan 2007-2013 were without any objective assessment of housing needs, and could have facilitated inappropriate development of one-off houses in rural areas under significant urban pressure without the provision of sufficient essential infrastructure services. The Council has amended the County Development Plan to take account of the Ministerial Direction which I issued on 23 July 2007 under section 31 of the Planning and Development Act 2000 to address this issue, and I have no plans to re-examine my Direction to the Council in this regard. It is a matter for Monaghan County Council, in the first instance, to ensure its County Development Plan, and any variations to the plan, meets the proper planning and sustainable

675 Questions— 27 February 2008. Written Answers

[Deputy John Gormley.] development of its area, supported by proper assessment of the scope and extent of rural housing needs.

Question No. 52 answered with Question No. 40.

Local Government Reform. 53. Deputy Jack Wall asked the Minister for the Environment, Heritage and Local Govern- ment if, in view of the pending review of local government, he will amend the Standards in Public Office Act 2001 to prevent officeholders facilitating decisions from which they will derive personal benefit in the future; and if he will make a statement on the matter. [8041/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The position remains as set out in the reply to Question Nos. 90 and 101 of 18 December 2007. I am open to considering any changes that could improve and strengthen the ethical framework for local authorities, in the context of the reform of the local government system on which a Green Paper is due to be published shortly. Furthermore, in relation to the general issue of the zoning of land, my Department is examining whether changes are required to strengthen the decision making processes by local authorities so that decisions are clearly arrived at, are evidence based and secure the necessary economic, environmental and social benefits for local communities.

Planning Issues. 54. Deputy Seymour Crawford asked the Minister for the Environment, Heritage and Local Government if he will re-examine the structures where increased capital charges are being sought from industries and businesses in rural areas such as Cavan and Monaghan towards the provision of water and sewerage systems, thus putting undue pressure on industries, tourism and so on which could be the means of job loses and further indirect charges to the Exchequer through necessary social welfare payments and loss of PAYE; and if he will make a statement on the matter. [8098/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under Section 48 of the Planning and Development Act 2000, planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of the local authority that benefit development in the area, based on a scheme of contributions adopted by the elected members of the authority. Income from the schemes must be applied to pay for facilities, such as wastewater and water treatment facilities, drains and watermains, servicing new development. The Act requires planning authorities to base the contributions on the actual cost of providing the infrastructure in question. While there has been an increase in receipts from development contribution schemes in recent years, this is reflective of very significant intensification in construction activity which has led in its turn to increased demands for infrastructure, a fairer application of contributions across all development sectors and more accurate estimates by local authorities of their anticipated expenditure on infrastructure works. In May 2007 my Department published a report arising from the deliberations of an Inter- Departmental Committee on Development Contribution Schemes. This report was also accompanied by a guidance circular to all planning authorities which focused on a number of key issues identified by the Committee, including the importance of transparency in relation to the extent to which linkages between the development levies paid and the infrastructure

676 Questions— 27 February 2008. Written Answers projects funded from those revenues are demonstrated, and the importance of consultation with County Development Boards on draft schemes. The guidance also highlighted the potential impact of excessive charging on local and national competitiveness. In this context, planning authorities were reminded that securing future income streams from development contributions depends on achieving the appropriate balance between the necessary levels of funding now, and the need for local authority areas to continue to represent an attractive location for future inward investment.

Local Authority Housing. 55. Deputy Olwyn Enright asked the Minister for the Environment, Heritage and Local Government his views on proposed developments outlined in the National Action Plan for Social Inclusion 2007 to 2016 in respect of increases in budget allocations to local authorities to improve heating in rented dwellings; and if he will make a statement on the matter. [5042/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): My Department is actively engaged in improving heating standards in local authority housing. Since the introduction of the central heating programme in 2004, my Department has provided grants worth \ 94 million for the installation of central heating in some 19,600 local authority houses. In line with our commitments in the National Action Plan for Social Inclusion 2007-16, this scheme will continue in 2008 with funding of \ 30 million available for a further 5,000 central heating installations.

Planning Issues. 56. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the action he will take to ensure that developers are reminded at preplanning stage of their obligations to make buildings accessible; and if he will make a statement on the matter. [8119/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): My Department’s Development Management Guidelines for Planning Authorities, published in June 2007, available on my Department’s website at www.environ.ie, emphasise the importance and value of pre-application consultations between developers and planning authorities. Pre- application consultations are stated to be of value for, among other things, advising applicants of procedural requirements, including:

• the implications of Building Control legislation, including provisions in relation to fire safety and access for the disabled (including, following the enactment/commencement of the Building Control Act 2007, provisions regarding Disability Access Certificates); and

• the necessity to ensure that the design implications of accessibility for all are addressed in the approach routes to buildings, including the location of car parking and other related issues.

The Guidelines also refer to the National Disability Authority’s publication “Building for Everyone” which offers good practice on the accessibility issue, and suggest that consultation with organisations representative of people with disabilities may also be of assistance. In 2003 my Department also issued a Circular Letter titled “Public Awareness of Building Regulations” which requested Planning Authorities to issue a copy of the Department’s Plan- ning Information Leaflet PL 11 — Guide to the Building Control System — to every recipient of planning permission for housing developments.

677 Questions— 27 February 2008. Written Answers

Water Charges. 57. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government if he has undertaken discussions with other Departments, such as the Department of Education and Science and the Department of Health and Children, with regard to the metering of water and related charges; and if he will make a statement on the matter. [8042/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): There have been numerous discussions between my Department and the Department of Edu- cation and Science in relation to water charges for schools, most recently in the context of the government announcement in January 2008 in relation to transitional arrangements which will apply to schools water services over the period 2007-09 as part of the implementation of the EU Water Framework Directive. There have been no recent discussions between my Depart- ment and the Department of Health and Children regarding water charges.

Private Rented Accommodation. 58. Deputy Ciara´n Lynch asked the Minister for the Environment, Heritage and Local Government if it is his intention to amend the legislation governing the Private Residential Tenancies Board such that all owners of rental properties are required to register with the PRTB; if he will close the loophole whereby some landlords evade registration by being declared as licensees; and if he will make a statement on the matter. [8030/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): Landlords are obliged to apply to the Private Residential Tenancies Board (PRTB) to register tenancies of their dwellings, in accordance with the Residential Tenancies Act 2004. Under section 144 of the Act, if the PRTB considers that a tenancy exists which ought to be registered and has not been the subject of a registration application, it must serve statutory notice to the landlord in relation to registration. Failure to comply with registration requirements is an offence and, on conviction, is subject to a fine of up to \3,000 or up to six months imprisonment. The PRTB has a function of reviewing the operation of the Residential Tenancies Act 2004 and making recommendations for the amendment of the Act and any other related enactments, where this is considered necessary. My Department has not received any communication from the PRTB which would indicate that licensing arrangements are being used to adversely affect the implementation of the tenancy registration provisions of the Act.

Planning Issues. 59. Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if reform of the Planning and Development Act 2000 is planned in order that it is clearly set down in law that future housing development must be tied to the delivery of infrastructure, that flood plains must be preserved from development and that development plans must be climate proofed; and if he will make a statement on the matter. [8029/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Section 10 (1) of the Planning and Development Act 2000 requires a development plan to set out an overall strategy for the proper planning and sustainable development of the plan area. Section 10 (2) of the Act sets out the mandatory objectives of a development plan which include, inter alia: the zoning of land for particular purposes (residential, commercial, industrial, agricultural, recreational etc.); the provision or facilitation of the provision of infrastructure

678 Questions— 27 February 2008. Written Answers such as transport and water; the provision or facilitation of the provision of services for the community such as schools, cre`ches and other education and childcare facilities; the preservation, improvement and extension of amenities and recreational amenities; and the conservation and protection of the environment. Furthermore, section 9(6) requires that development plans be consistent with national plans, policies and strategies. Guidelines for Planning Authorities on Development Plans were published by my Depart- ment in June 2007. The guidelines, which have a statutory basis under section 28 of the Act, state that development plans must offer clear guidance on sustainable development policies and objectives, both national and local, which address the various issues involved such as the provision of infrastructure, services and amenities, climate change and the sustainable use of natural resources. I have recently published for public consultation the Draft Guidelines for Planning Auth- orities on Sustainable Residential Development in Urban Areas, together with an accompanying best practice Urban Design Manual which illustrates how these guidelines should be implemented. The guidelines are focused on creating sustainable communities by incorporating the highest design standards and providing a co-ordinated approach to the delivery of essential infrastructure and services. In this regard, the draft guidelines clearly set out the need for infrastructure, services and amenities to be provided in tandem with new residential development. When finalised, these guidelines will be issued under section 28 of the Planning and Development Act 2000, giving them statutory force and requiring planning authorities and An Bord Pleana´la to have regard to them in the performance of their functions. The Developing Areas Initiative which is assigned to my colleague, Minister of State Batt O’Keeffe, is also supporting work at central and local government levels to secure better co- ordination and timely delivery of key infrastructure and services in fast growing developing areas in parallel with housing development. The initial focus is on strategic locations which are experiencing significant development pressures within the gateways and hubs. Insofar as the management of development on flood plains is concerned, I refer to the reply to Question No. 34 on today’s Order Paper. In addition, in accordance with section 9 (6), the guidelines also indicate that development plans should be consistent with the objectives of the National Climate Change Strategy 2007-12 and with other related Government initiatives and commitments to reducing energy consumption and modifying the impacts of climate change.

Water Charges. 60. Deputy Sea´n Sherlock asked the Minister for the Environment, Heritage and Local Government if her attention has been drawn to the fact that farmers have faced increasing water charges from local authorities as a result of new pricing arrangements and of the financial hardship that this is causing; if she has any power to intervene on this matter; and if he will make a statement on the matter. [7090/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Local authorities are required to recover from non-domestic consumers all costs incurred in the provision of water services to those consumers. The application of the polluter pays principle, as required by the EU Water Framework Directive, entails the metering of non-domestic consumers so that a volumetric charge can be applied, with the cost of meter installation being borne by the metered consumer. This policy has been in place since 1998 but as the meter installation programme has progressed, local authorities have been moving from fixed rate bills to volumetric bills whereby the customer is required to pay on the basis of the actual volume of water supplied. Water and

679 Questions— 27 February 2008. Written Answers

[Deputy John Gormley.] waste water charges are required to reflect the actual cost to the local authority of supplying that level of service to the customer concerned, as authorities are not allowed to make a profit on their water services charges. In response to concerns expressed by farming representatives in relation to the cost of metering, and following a pilot billing project in one local authority area, my Department issued billing guidance to local authorities in December 2006, which included a request that authorities consider the necessity for special discounting arrangements in the case of multiple water meters on fragmented farm holdings. The guidance recommends that the total metering charge in such instances should not exceed 180% of the cost of the first connection irrespective of the number of meters. This represents a very significant concession to farm holders with fragmented holdings. Where a case of personal hardship arises, an approach may be made directly to the local authority seeking a waiver of the water services charge on personal hardship grounds.

Waste Management. 61. Deputy Willie Penrose asked the Minister for the Environment, Heritage and Local Government the steps that have been taken to comply with the Waste Framework Directive and the European Court of Justice ruling in Case 494/01 and in particular the need to clean up illegal waste sites, deter illegal waste activities and have sufficient waste disposal facilities; and if he will make a statement on the matter. [8036/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A formal response by Ireland to the judgment of the European Court of Justice issued to the European Commission on 21 October 2005 detailing the measures being taken in terms of structures, legislation and policy approach to ensure the implementation of the provisions of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, and thereby fulfil the obligations imposed by the Directive. There has been subsequent correspondence and bilateral meetings have been held with the Commission by way of clarifying aspects of Ireland’s response. That response included information on the establishment of the Office of Environmental Enforcement and its National Enforcement Network, which has greatly raised awareness and brought a more coordinated and systematic approach to environmental enforcement. Special training has been rolled out, procedures for site visits have been developed, a new national complaints procedure was launched on 22 September 2005 and an illegal dumping information line was also launched in June 2006. This has been supported by State funding of over \7.5m which has led to over 120 additional enforcement officers being appointed across the local authorities. Further correspondence from the Commission acknowledged the progress made in addressing the Court’s concerns and drew attention to aspects still of concern to the Commission. A bilateral meeting with the Commission was held on 21 February 2008 aimed at addressing these concerns and both sides agreed to work towards bringing matters to a satisfactory conclusion in the coming months.

Programmes for Government. 62. Deputy Lucinda Creighton asked the Taoiseach if a commitment to vote in favour of the Referendum Bill on the Lisbon Reform Treaty is part of the agreement reached between the Government parties and the independent Deputies supporting his Government. [8229/08]

680 Questions— 27 February 2008. Written Answers

The Taoiseach: These are political agreements that I have entered into as Leader of the Fianna Fa´il Party with individual independent Deputies. These agreements are confidential but they are, as always, based on the Programme for Government which incorporates the National Development Plan, approved Government Programmes and Annual Estimates for capital and current expenditure. As the Deputy will be aware, such arrangements have existed for over ten years and in all instances, I have used my best endeavours to deliver them.

Flood Relief. 63. Deputy Bernard J. Durkan asked the Ta´naiste and Minister for Finance the extent to which his Department has examined the need for the cleaning of rivers or tributaries with view to eliminating the potential for flooding; and if he will make a statement on the matter. [8411/08]

Minister of State at the Department of Finance (Deputy Noel Ahern): Responsibility for maintenance of rivers and tributaries rests with a range of State bodies and riparian landowners. Cleaning of rivers and tributaries is just one of a range of measures that can be used to mitigate flood risk. It is not always the most appropriate solution. OPW has had to take account of substantial constraints arising from ecological and environmental considerations in a number of cases where cleaning work was considered the appropriate solution but the river or tributary was in an Area of Scientific Interest, or a Special Area of Conservation or carried other protected status. The National Flood Policy, which was adopted in 2004, appointed the Office of Public Works the State’s lead agency for implementing policy in relation to flood risk management. The OPW is pursuing a broad-ranging strategy, including programmes that may consist wholly or partly of works to channels, to mitigate the effects of existing flood risk and to prevent the creation of future flood risk. Where appropriate major schemes carried out under OPW’s ongoing Flood Relief programme include channel works and the benefit and appropriateness of such works is invariably examined as part of the appraisal of scheme options. OPW is also assisting Local Authorities though the provision of advice, funding or the execution of works as appropriate in each case, to deal with localised flooding problems where economic, social and environmental considerations support such measures. OPW carries out an annual programme to ensure that channels that were improved by the Office as part of completed Arterial Drainage or Flood Relief schemes are maintained in proper repair and effective condition. The Commissioners also monitor generally the level of maintenance of channels forming part of schemes known as Drainage Districts for which Local Authorities have responsibility. Proposals are currently being developed, for designating for maintenance by OPW, channels which the Office does not currently have responsibility for that could give rise to significant flood risk, subject to the availability of resources. OPW has commenced a programme of Catchment Flood Risk Assessment and Management Studies, in conjunction with other stakeholders, that will identify for each catchment options for managing significant risk, including channel works where appropriate. The Flood Hazard Mapping website maintained by OPW displays information in relation to flood prone areas that can assist Local Authorities and other interested individuals to identify locations where risk mitigation may be required.

681 Questions— 27 February 2008. Written Answers

Tax Code. 64. Deputy Jack Wall asked the Ta´naiste and Minister for Finance the reason a person (details supplied) in County Kildare is paying DIRT tax on an income when their combined income does not exceed their tax credit; and if he will make a statement on the matter. [8223/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I have been advised by the Revenue Commissioners that DIRT is payable on investment income, regardless of the amount of tax credits available to a taxpayer unless the individual is 65 years of age or over or is permanently incapacitated, and their total income (including the gross DIRT income) is less than the relevant exemption limit. Based on the limited information supplied, the taxpayer is under 65 years of age and is single. On reaching the age of 65 and provided the taxpayer’s total income for the year is below the annual exemption limit, currently \20,000 for a single person, the taxpayer may apply directly to their Financial Institution to have interest arising on the investment account payable without deduction of DIRT. The application is made by completion of Form DE1, available from all Financial Institutions, from some Citizens’ Information Centres, from any Revenue Office or by phoning LoCall 1890 306 706.

Proposed Legislation. 65. Deputy Ro´ isı´n Shortall asked the Ta´naiste and Minister for Finance the sections and subsections of the Finance Act 2007 that have been commenced; and the dates when they came into force. [8236/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The commencement dates of all the sections and subsections of the Finance Act 2007 are specified within the Act, except for those sections which are subject to commencement order by the Minister for Finance. Sections which are subject to commencement order and have come into force are:

Section 19(1), commenced on 6 September 2007,

Section 104(1), commenced on 3 December 2007, and

Section 109(1), commenced on 1 October 2007.

Tax Code. 66. Deputy Aengus O´ Snodaigh asked the Ta´naiste and Minister for Finance the criteria for receiving a VRT reduction on a vehicle due to a disability or physical impairment; and if the vehicle in question can be used for commercial activity, such as use as a taxi, in any circumstances. [8237/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The Disabled Drivers and Dis- abled Passengers (Tax Concessions) Scheme provides relief from VAT and VRT (up to certain limit) on the purchase of a car adapted for the transport of a person with specific severe and permanent physical disabilities, to those who meet certain disability criteria. The disability criteria for eligibility for the tax concessions under this scheme are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get the Primary Medical Certificate, an applicant must be severely and permanently disabled and satisfy one of the following conditions:

682 Questions— 27 February 2008. Written Answers

(a) be wholly or almost wholly without the use of both legs;

(b) be wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs;

(d) be without one or both legs;

(e) be wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg;

(f) have the medical condition of dwarfism and have serious difficulties of movement of the lower limbs.

The Senior Medical Officer (SMO) for the relevant local Health Service Executive administrative area makes a professional clinical determination as to whether an individual applicant satisfies the medical criteria. An unsuccessful applicant can appeal the decision of the SMO to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin which makes a new clinical determination in respect of the individual. I would point out that the Medical Board of Appeal is independent in the exercise of its functions. Statutory Instrument No.353 of 1994 (Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994, provides that the vehicle which is the subject of the relief under the scheme be used for personal use only. Accordingly, the commercial use of a vehicle by a person (as a taxi or otherwise) who has acquired a vehicle under the scheme is not permitted.

67. Deputy Ruairı´ Quinn asked the Ta´naiste and Minister for Finance the number of taxpayers currently availing of the seed capital scheme; the cost of relief granted under the scheme; and if he will make a statement on the matter. [8258/08]

68. Deputy Ruairı´ Quinn asked the Ta´naiste and Minister for Finance the number of companies currently availing of the seed capital scheme qualifying on the basis that they are engaged in the cultivation of mushrooms; the cost of relief granted to these firms; and if he will make a statement on the matter. [8259/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I propose to take Questions Nos. 67 and 68 together. I am informed by the Revenue Commissioners that, under the Seed Capital Scheme, income tax refunds of \2.3 million were issued to 76 individuals in respect of investments in 63 separate companies in 2007. I am further informed by the Revenue Commissioners that income tax refunds amounting to \300,000 have been issued to individuals that invested in nine separate companies engaged in the cultivation of mushrooms since the inception of the Seed Capital Scheme in 1993. The last such refunds were made in 2004.

69. Deputy Ruairı´ Quinn asked the Ta´naiste and Minister for Finance the number of VAT registrations here in 2007, and for each of the past ten years; and if he will make a statement on the matter. [8260/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I am informed by the Revenue Commissioners that the number of VAT registrations in 2007 and for each of the past ten years

683 Questions— 27 February 2008. Written Answers

[Deputy Brian Cowen.] is as set below. The figures for the years 1997 to 2006 have been published in the annual Statistical Reports of the Revenue Commissioners.

VAT Registrations (effective on 31 December of Year)

Year Total

2007 287,181 2006 270,663 2005 253,980 2004 236,090 2003 224,118 2002 205,760 2001 204,032 2000 195,282 1999 178,570 1998 162,602 1997 146,180

70. Deputy James Reilly asked the Ta´naiste and Minister for Finance if, in view of the recommendations of the Report of the National Task Force on Obesity, his Department has carried out research to examine the influence of fiscal policies on consumer purchasing and their impact on overweight obesity; and if he will make a statement on the matter. [8313/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): I presume the Deputy is referring to one of the 93 recommendations of the National Taskforce on Obesity report “Obesity: the Policy Challenges” published in 2005. Primary responsibility in relation to policy on health promotion including healthy eating, active living and obesity rests with the Minister for Health and Children and the HSE. I understand that the Department of Health and Children is currently finalising a National Nutrition policy which will provide strategic direction on nutrition for the next ten years. The policy will be published in the coming months. As regards tax, I would be of the strong view that little value could be gleaned from such research since the tax system, through the VAT regime, already favourably differentiates between different food products. Ireland applies a zero VAT rate on the purchase of unpre- pared food products and to fresh fruit. A positive VAT rate is applied for example to biscuits, takeaway food, chocolate and soft drinks. In this context Irish VAT law must comply with EU VAT law. Ireland also uses price signals for items such as cigarettes and alcohol through excises and VAT at 21%.

EU Funding. 71. Deputy Thomas P. Broughan asked the Ta´naiste and Minister for Finance the levels of funding received from the EU and EEC by Ireland since 1973 to date in 2008; the level of contributions by Ireland to the EU and EEC over the same period; the net balance presently between funding received and Irish contributions and projections for these receipts and payments up to 2020; and when Ireland will become a net contributor. [8361/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): Since joining the Community in 1973 to the end of the financial year 2007, Ireland has received euro 59.9 billion in payments and made contributions to the EU Budget amounting to euro 19.5 billion. Thus in overall terms 684 Questions— 27 February 2008. Written Answers

Ireland has been a net beneficiary from EU funding to the tune of around euro 40.5 billion. Table 1 sets out information for each of the years since 1973. It should be noted that the receipt figures for 2006 and 2007 are estimates. The current Financial Framework for the EU Budget, agreed by the European Council in December 2005, covers the period 2007-2013. While it is difficult to predict at this stage, Ireland is expected to become a net contributor in the second half of the financial period 2007-2013, with Ireland’s receipts expected to exceed payments by a small margin over the period as a whole. The difficulties in forecasting Ireland’s cash flow from the EU stem mostly because the Financial Framework, a political agreement by all Member States, provides the overall context and ceilings for the given multi-annual financial period, but it is the annual budget procedure that determines the level of spending in any one year for each EU measure. It should be borne in mind that various factors impact on the outcome of the annual EU Budget, for example the drawdown capacity of all Member States. While programmes can be committed to the full ceiling, in any given year payment claims by Member States can be much less, and the balance then falls to later years. This is difficult to predict. For the post-2013 period it can be expected that Ireland will become a substantial net contributor to the EU Budget. At this stage it is impossible to predict the actual outcome of the next political agreement on the Financial Framework for post-2013, not least because the agreement reached on the current framework for 2007 to 2013 includes a commitment to undertake a comprehensive review of the EU Budget. The review will cover all aspects of EU expenditure and revenue, including the future of the Common Agriculture Policy (CAP).

Table 1: Ireland’s Net EU Receipts from 1973 to 2007

Total Receipts Total Payments Net Receipts

\ million \ million \ million 1973 47 6 41 1974 86 7 79 1975 138 12 126 1976 152 17 135 1977 347 28 319 1978 521 59 462 1979 672 77 595 1980 712 113 599 1981 644 134 510 1982 765 174 591 1983 924 235 689 1984 1,100 257 843 1985 1,433 271 1,162 1986 1,456 305 1,151 1987 1,397 324 1,073 1988 1,475 315 1,160 1989 1,645 363 1,282 1990 2,210 359 1,851 1991 2,795 442 2,353 1992 2,532 449 2,083 1993 2,850 576 2,274 1994 2,338 642 1,696

685 Questions— 27 February 2008. Written Answers

[Deputy Brian Cowen.] Total Receipts Total Payments Net Receipts

\ million \ million \ million 1995 2,566 689 1,877 1996 2,820 687 2,133 1997 3,190 652 2,538 1998 3,015 989 2,026 1999 2,679 1,051 1,628

Sub-total 40,509 9,233 31,276

2000 2,602 1,075 1,527 2001 2,489 1,220 1,269 2002 2,508 1,011 1,497 2003 2,575 1,190 1,385 2004 2,602 1,186 1,416 2005 2,383 1,497 886 2006 (estimate) 2,201 1,530 671

Sub-total 17,360 8,709 8,651

2007 (estimate) 2,078 1,570 508

Total 59,947 19,512 40,435 Note: The size of the increase in total payments from 2005 relative to previous years is due a combination of different factors including, higher GNI rates in Ireland and a larger EU Budget (closer to the end of the Structural Fund programming period).

Departmental Schemes. 72. Deputy David Stanton asked the Ta´naiste and Minister for Finance when he will review the eligibility criteria for the disabled driver and disabled passenger scheme and other vehicle adaptation schemes; and if he will make a statement on the matter. [8512/08]

Ta´naiste and Minister for Finance (Deputy Brian Cowen): The Disabled Drivers and Dis- abled Passengers (Tax Concessions) Scheme provides relief from VAT and Vehicle Regis- tration Tax (up to a certain limit), and exemption from motor tax, on the purchase of an adapted car for transport of a person with specific severe and permanent physical disabilities. The disability criteria for these concessions are set out in the Disabled Drivers and Disabled Passengers (Tax Concessions) Regulations 1994. To get a Primary Medical Certificate, an applicant must be permanently and severely disabled within the terms of these Regulations. There was an interdepartmental review of the Scheme which also considered the Motorised Transport Grant and the Mobility Allowance schemes. The Deputy might wish to be aware that some 12,500 people benefited under the scheme in 2007 at an overall estimated cost of \74 million. Any changes would have to be considered in the context of the annual Budget.

Eating Disorders. 73. Deputy James Reilly asked the Minister for Health and Children the steps she has taken to take the lead responsibility in providing an integrated and consistent proactive approach to addressing overweight and obesity; the action taken to monitor and evaluate the implemen- 686 Questions— 27 February 2008. Written Answers tation of recommendations of the National Strategy on Obesity; and if she will make a statement on the matter. [8312/08]

100. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the curriculum for undergraduates and postgraduates in relevant health sciences provide training in appropriate and sensitive obesity prevention and management; if not, the steps being taken to introduce such training; and if she will make a statement on the matter. [8303/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): I propose to take Questions Nos. 73 and 100 together. Within the health sector, the Health Service Executive (HSE) has been allocated \3 million to commence implementation of those recommendations of the Task Force on Obesity for which it has the lead responsibility. A Working Group has been established and an action plan developed to ensure implementation of these recommendations. Curriculum development is not the responsibility of my Department. However, I have asked my Department to pursue the matter raised by the Deputy with the relevant authorities.

74. Deputy James Reilly asked the Minister for Health and Children if, in view or the recommendations of the Report of the National Task Force on Obesity, as part of pro-active approach in addressing overweight and obesity, her Department has sought the views of children and young people who are at present overweight or obese; and if she will make a statement on the matter. [8314/08]

106. Deputy James Reilly asked the Minister for Health and Children the steps taken to support parents attending antenatal visits in developing skills which encourage healthy eating and active living in view of the recommendations of the Report of the National Task Force on Obesity; and if she will make a statement on the matter. [8309/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): I propose to take Questions Nos. 74 and 106 together. The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Div- ision of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

75. Deputy Damien English asked the Minister for Health and Children if her Department is providing funding to the Irish Osteoporosis Society in 2008; the amount of funding committed; if the funding has been paid out; if there is a long term funding assistance package for the IOS from her Department; and if she will make a statement on the matter. [8210/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

687 Questions— 27 February 2008. Written Answers

Home Help Service. 76. Deputy Denis Naughten asked the Minister for Health and Children the steps she is taking to address the home help crisis in County Roscommon; and if she will make a statement on the matter. [8225/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Accommodation. 77. Deputy Jan O’Sullivan asked the Minister for Health and Children the permanent bed capacity of St. Camillus Hospital, Limerick; the number of long-stay beds; the number of respite beds; the categorisation of any other beds in the hospital; if these numbers have changed in the past year; and if she will make a statement on the matter. [8238/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 78. Deputy Emmet Stagg asked the Minister for Health and Children the number of home care packages that were funded in each month of 2007 in County Kildare; and the number of such allocated and funded since 1 January 2008; the number on the waiting list for such services; and when it is expected that the backlog will be cleared. [8242/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular matter raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Nursing Homes Repayment Scheme. 79. Deputy Pat Rabbitte asked the Minister for Health and Children if her attention has been drawn to a claim under the health repayments scheme by persons (details supplied) in Dublin 24 where irreplaceable documents have been mislaid; the action that can be taken in this regard; if the claim will still be processed; the status of the application; and if she will make a statement on the matter. [8243/08]

688 Questions— 27 February 2008. Written Answers

My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Medical Cards. 80. Deputy Ciara´n Lynch asked the Minister for Health and Children if her Department will investigate the case of refusal by the Health Service Executive to grant a medical card to a person (details supplied) in County Cork who has a long term illness and is in receipt of a social welfare payment; her views on the present income qualifying thresholds for the granting of medical cards; and if she will make a statement on the matter. [8244/08]

Minister for Health and Children (Deputy Mary Harney): Under Section 59 of the Health Act 1970 the Health Service Executive (HSE) may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, Parkinsonism, conditions arising from thalidomide and acute leukaemia. This is a non-means-tested benefit. The assessment of eligibility to medical cards is statutorily a matter for the HSE and is determined following an examination of the means of the applicant and his/her dependants. Under Section 45 of the Health 1970 medical cards are provided for persons who, in the opinion of the HSE, are unable without undue hardship to arrange general practitioner medical and surgical services for themselves and their dependants. Section 58 of the Health Act 1970, as amended, provides for GP visit cards for adult persons with limited eligibility for whom, in the opinion of the HSE, and notwithstanding that they do not qualify for a medical card, it would be unduly burdensome to arrange GP medical and surgical services for themselves and their dependants. Persons aged 70 and over are statutorily entitled to a medical card, regardless of income. In all other cases an assessment of means is undertaken. In recent years there have been significant improvements to the way in which people’s eligibility for medical cards and GP visit cards is assessed. Since the beginning of 2005, the qualification guidelines have increased by a cumulative 29%. Assessment is now based on an applicant’s and, where relevant, his/her spouse’s income after tax and PRSI, and takes account of reasonable expenses incurred in respect of rent or mortgage payments, childcare and travel to work. In June 2006, there was a further increase in the qualification threshold for the GP visit card to 50% above that for a medical card. Furthermore, under the assessment guidelines, applicants whose weekly incomes are derived solely from Department of Social and Family Affairs payments or HSE payments, even if these exceed the stated threshold, qualify for a medical card. The Programme for Government commits to the following:

• Indexing the income thresholds for medical cards to increases in the average industrial wage;

• Doubling of the income limit eligibility of parents of children under 6 years of age, and trebling them for parents of children under 18 years of age with an intellectual disability.

My Department is currently reviewing all legislation relating to eligibility for health and personal social services with a view to making the system as fair and transparent as possible. As part of this exercise, a review of the eligibility criteria for medical cards in the context of

689 Questions— 27 February 2008. Written Answers

[Deputy Mary Harney.] financial, medical and social need is being undertaken and is expected to be completed by autumn 2008. As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Service Staff. 81. Deputy Mary O’Rourke asked the Minister for Health and Children if her attention has been drawn to the number of posts left unfilled in the ambulance technician area and the vital work carried out by these people; and when it is hoped to fill some of these vacant positions. [8245/08]

Minister for Health and Children (Deputy Mary Harney): Subject to overall parameters set by Government, the Health Service Executive has the responsibility for determining the composition of its staffing complement. In that regard, it is a matter for the Executive to manage and deploy its human resources to best meet the requirements of its Annual Service Plan for the delivery of health and personal social services to the public. The Executive is the appropriate body to consider the matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 82. Deputy Mary O’Rourke asked the Minister for Health and Children when a home care package will be provided for a person (details supplied) in County Westmeath; if her attention has been drawn to the fact that this Deputy wrote a letter seven weeks ago to Health Service Executive on this case and has not received a reply or an acknowledgement; and if she will make a statement on the matter. [8246/08]

83. Deputy Mary O’Rourke asked the Minister for Health and Children if her attention has been drawn to fact that the allocation of \750,000 for the eating disorders sector within the mental health area has not been allocated and that the reason given is that the finance is time delayed; if she will explain this term; and the position regarding the money which is badly needed for these services. [8247/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The Executive, therefore, is the appropriate body to consider the particular matter raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

690 Questions— 27 February 2008. Written Answers

Nursing Homes Repayment Scheme. 84. Deputy Mary O’Rourke asked the Minister for Health and Children the reason for the long delay in the payment of a claim for a person (details supplied) in County Westmeath; and when this payment will be made. [8248/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive has responsibility for administering the Repayment Scheme and the information sought by the Deputy relates to matters within the area of responsibility of the Executive. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Long-Term Illness Scheme. 85. Deputy Richard Bruton asked the Minister for Health and Children her views on extending the long term illness card to persons suffering from Lupus; the reason this illness which is very debilitating, is treated in a discriminatory way compared to other long-term conditions which have been listed; and if she has considered establishing a dedicated centre for the study and treatment of this illness which affects very many women. [8257/08]

Minister for Health and Children (Deputy Mary Harney): Under the 1970 Health Act, the Health Service Executive may arrange for the supply, without charge, of drugs, medicines and medical and surgical appliances to people with a specified condition, for the treatment of that condition, through the Long Term Illness Scheme (LTI). The LTI does not cover GP fees or hospital co-payments. The conditions are: mental handicap, mental illness (for people under 16 only), phenylketonuria, cystic fibrosis, spina bifida, hydrocephalus, diabetes mellitus, diabetes insipidus, haemophilia, cerebral palsy, epilepsy, multiple sclerosis, muscular dystrophies, Park- insonism, conditions arising from thalidomide and acute leukaemia. No new conditions have been added to the LTI since its establishment in 1975 and there are currently no plans to extend the list of eligible conditions. Products which are necessary for the management of the specified illness are available to LTI patients. Other products are available according to the patient’s eligibility. People who cannot, without undue hardship, arrange for the provision of medical services for themselves and their dependants may be entitled to a medical card. In the assessment process, the Health Service Executive can take into account medical costs incurred by an individual or a family. Those who are not eligible for a medical card may still be able to avail of a GP visit card, which covers the cost of general practice consultations. Non-medical card holders and people whose illness is not covered by the LTI can use the Drug Payment Scheme, which protects against excessive medicines costs. Under this scheme, no individual or family unit pays more than \90 per calendar month towards the cost of approved prescribed medicines. The scheme is easy to use and significantly reduces the cost burden for families and individuals incurring ongoing expenditure on medicines. In addition, non-reimbursed medical expenses above a set threshold may be offset against tax. My Department has asked the Parliamentary Affairs Division of the Health Service Execu- tive to respond to the Deputy with regard to the study and treatment of this condition.

Medical Cards. 86. Deputy Jack Wall asked the Minister for Health and Children the position of an appli-

691 Questions— 27 February 2008. Written Answers

[Deputy Jack Wall.] cation for a medical card for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [8267/08]

Minister for Health and Children (Deputy Mary Harney): Medical cards are made available to persons and their dependants who would otherwise experience undue hardship in meeting the cost of General Practitioner (GP) services. In 2005, the GP visit card was introduced as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card, would not be deterred on cost grounds from visiting their GP. The assessment of eligibility to medical cards and GP visit cards is statutorily a matter for the Health Service Executive (HSE) and, with the exception of persons aged over 70, who have an automatic entitlement to a medical card, is determined following an examination of the means of the applicant and his/her dependants. As the Health Service Executive has the operational and funding responsibility for these benefits, it is the appropriate body to consider the particular case raised by the Deputy. My Department has therefore requested the Parliamentary Affairs Division of the Executive to arrange to address this matter and to have a reply issued directly to the Deputy.

Health Services. 87. Deputy Mary Upton asked the Minister for Health and Children if the tendering process for home care packages scheduled to take place for specific health board areas in February 2008, but deferred, will take place on a nationwide basis in May 2008 as promised; and if she will make a statement on the matter. [8268/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Execu- tive is the appropriate body to consider the particular issue raised by the Deputy. My Depart- ment has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 88. Deputy Sea´n Fleming asked the Minister for Health and Children the number of patients who, having been discharged from hospital, were re-admitted within 14 days with a similar or related condition in 2007 on a hospital basis throughout the country. [8279/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matters investigated and to have a reply issued directly to the Deputy.

Medical Cards. 89. Deputy Brian Hayes asked the Minister for Health and Children the number of people with medical cards in 2005, 2006, and 2007; the number of people who proved to be ineligible

692 Questions— 27 February 2008. Written Answers for medical cards for each of these years; and if she will make a statement on the matter. [8280/08]

Minister for Health and Children (Deputy Mary Harney): Details of the numbers of medical card holders are provided to my Department each month by the Health Service Executive (HSE). The figures are provided on a net basis showing the balance after new cards have been issued and other cards, as appropriate, have been deleted from the Executive’s database, e.g. following a review of a person’s circumstances. I set out a table for the Deputy showing the number of medical cards at year-end in 2005, 2006 and 2007.

Year Number of Medical Cards

31 December 2005 1,155,727 31 December 2006 1,221,695 31 December 2007 1,276,178

I introduced the GP visit card in 2005 as a graduated benefit so that people on moderate and lower incomes, particularly parents of young children, who do not qualify for a medical card would not be deterred on cost grounds from visiting their GP. The qualification threshold for the GP visit card is 50% above that for a medical card. The most recent figure provided by the HSE to my Department shows 76,094 GP visit card holders as at 1st February, 2008. As the HSE does not routinely provide my Department with statistics on the number of applicants who prove to be ineligible for medical cards, the Parliamentary Affairs Division of the Executive has been requested to arrange to address this matter and to have a reply issued directly to the Deputy.

Private Rented Accommodation. 90. Deputy Brian Hayes asked the Minister for Health and Children the amount of money the Health Service Executive has spent on private rented accommodation in 2007; the number of properties it regularly rents; if it requires landlords to provide tax clearance certificates; and if she will make a statement on the matter. [8281/08]

Minister for Health and Children (Deputy Mary Harney): This is an operational matter and as such is the responsibility of the Health Service Executive (HSE) under the Health Act 2004. My Department has requested the Parliamentary Affairs Division of the HSE to reply directly to the Deputy.

Hospital Services. 91. Deputy Jimmy Deenihan asked the Minister for Health and Children the number of cystic fibrosis patients living in Kerry; the measures that the Health Service Executive propose to put in place to look after the needs of these patients; and if she will make a statement on the matter. [8285/08]

Minister for Health and Children (Deputy Mary Harney): I have identified the enhancement of services to persons with cystic fibrosis as a key priority over recent years. Development funding of \6.78m has been allocated to the Health Service Executive since 2006 to facilitate the recruitment of specialist staff in this area. 693 Questions— 27 February 2008. Written Answers

[Deputy Mary Harney.]

The detailed application of this funding across the various hospital networks is a matter for the Executive and accordingly, my Department has asked the Parliamentary Affairs Division of the Executive to reply directly to the Deputy with regard to the services in Kerry.

Hospital Staff. 92. Deputy Enda Kenny asked the Minister for Health and Children the number of consultant neurologists in the country; her views on the appointment of a specialist consultant in the area of myasthenia gravis; and if she will make a statement on the matter. [8288/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular issues raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Hospital Services. 93. Deputy Dinny McGinley asked the Minister for Health and Children if her attention has been drawn the fact that demand for dialysis services in Letterkenny General Hospital exceeds supply which leads to Donegal patients being referred for dialysis to Northern Ireland; if she has plans to extend dialysis facilities in Letterkenny General Hospital or elsewhere in the county; and if she will make a statement on the matter. [8290/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services is a matter for the Health Service Executive and funding for all health services has been provided as part of its overall Vote. Therefore, the Executive is the appropriate body to consider the particular issue raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Execu- tive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Eating Disorders. 94. Deputy James Reilly asked the Minister for Health and Children the steps the health services have taken to promote a change in emphasis from the primacy of individual responsibility to environments that support healthy food choices and regular physical activity in view of the recommendations of the Report on the National Taskforce on Obesity; and if she will make a statement on the matter. [8297/08]

104. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, guidelines for physical activity, food and nutrition have been developed according to age and gender; if these guidelines have been independently proofed by the relevant authority; and if she will make a statement on the matter. [8307/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): I propose to take Questions Nos. 94 and 104 together.

694 Questions— 27 February 2008. Written Answers

A number of national food consumption surveys have been carried out over the last 15 years, which now provide valuable information on what the Irish population is eating. Two of these are commissioned every four years by my Department, these are the National Health and Lifestyle Survey (SLA´ N) and Health Behaviour in School Children (HBSC) surveys. Other surveys of the food and nutrition behaviours of children, teenagers and adults are carried out by the Irish University Nutrition Alliance. My Department will soon be publishing our first National Nutrition Policy which will look at all the whole population while making special mention of age and gender groups. My Department and the Department of Education and Science have been involved in developing healthy eating guidelines for schools. Guidelines for pre-schools and primary schools are already developed and appropriate healthy eating training by community dieticians with preschool and primary school staff is currently underway. A number of schools are already implementing the guidelines. Post primary school guidelines are being printed and will be launched in March. Guidelines and recommendations on levels of physical activity are currently being devised by the Population Health Directorate of the Health Service Executive and I am referring the Deputy’s question to the Executive for direct reply on that aspect of the Deputy’s question.

95. Deputy James Reilly asked the Minister for Health and Children the steps the health services and health care providers have taken in supporting the population in healthy eating and active living in the prevention of overweight and obesity in view of the recommendations of the Report of the National Task force on Obesity; and if she will make a statement on the matter. [8298/08]

96. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task force on Obesity, the health services have introduced a measurement of height, weight, waist circumference and calculation of body mass index as part of routine clinical health care practice in primary care and in hospitals; and if she will make a statement on the matter. [8299/08]

97. Deputy James Reilly asked the Minister for Health and Children the steps taken by the Population Health Directorate to develop a national database of growth measurements for children and adults in view of the recommendations of the Report of the National Task force on Obesity; and if she will make a statement on the matter. [8300/08]

98. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task force on Obesity, an education and training programme for health professionals in the appropriate and sensitive management of overweight and obesity has been developed and implemented; if a practical framework for implementation of the education and training programme has been developed; and if she will make a statement on the matter. [8301/08]

99. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task force on Obesity, detection, prevention and treatment programmes have been evaluated and implemented; and if she will make a statement on the matter. [8302/08]

101. Deputy James Reilly asked the Minister for Health and Children the procedures that have been put in place by appropriate experts and relevant support groups to assess individuals

695 Questions— 27 February 2008. Written Answers

[Deputy James Reilly.] at risk of developing an eating disorder in view of the recommendations of the Report of the National Task Force on Obesity; and if she will make a statement on the matter. [8304/08]

102. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the north south communication and public awareness programme on overweight and obesity has been developed; and if she will make a statement on the matter. [8305/08]

103. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the Population Health Directorate has reviewed guidelines for physical activity, food and nutrition gender; and if she will make a statement on the matter. [8306/08]

105. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, all overweight and obesity prevention and management strategies have been coordinated and reviewed by the Population Health Directorate; the regularity with which these strategies have been reviewed; and if she will make a statement on the matter. [8308/08]

107. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, the proposed growth assessment for underweight or overweight children has introduced nationally; the regularity with which assessments are carried out; and if she will make a statement on the matter. [8310/08]

108. Deputy James Reilly asked the Minister for Health and Children if, in view of the recommendations of the Report of the National Task Force on Obesity, her Department has carried out formative research to ensure programmes are being implemented as planned; if this included stake holder input at developmental, implementation and evaluation stages to ensure programs are being tailored to meet the needs of the target population; and if she will make a statement on the matter. [8311/08]

Minister of State at the Department of Health and Children (Deputy Pat The Cope Gallagher): I propose to take Questions Nos. 95 to 99 inclusive, 101 to 103, inclusive, 105, 107 and 108 together. The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Div- ision of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Question No. 100 answered with Question No. 73.

Questions Nos. 101 to 103, inclusive, answered with Question No. 95.

Question No. 104 answered with Question No. 94.

Question No. 105 answered with Question No. 95.

Question No 106 answered with Question No. 74.

696 Questions— 27 February 2008. Written Answers

Questions Nos. 107 and 108 answered with Question No. 95.

Health Services. 109. Deputy Damien English asked the Minister for Health and Children when a child (details supplied) will have orthodontic treatment in advance of the two-year wait advised of in Navan, County Meath; and if she will make a statement on the matter. [8364/08]

Minister for Health and Children (Deputy Mary Harney): The Deputy’s question relates to the funding, management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Care of the Elderly. 110. Deputy Mattie McGrath asked the Minister for Health and Children the reason there was an embargo placed on a caring provider (details supplied) in South Tipperary, from allowing evening or night-time respite workers to relieve carers, who care for family members and loved ones full time; and if she will make a statement on the matter. [8368/08]

Hospital Services.. 111. Deputy Michael Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo can expect to be called for a urology appointment. [8369/08]

Minister for Health and Children (Deputy Mary Harney): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the case investigated and to have a reply issued directly to the Deputy.

Care of the Elderly. 112. Deputy Pat Breen asked the Minister for Health and Children the number of people over the age of 66 in County Clare; the number of public bed facilities available for elderly people in the county; and if she will make a statement on the matter. [8373/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): The 2006 Census of Population records that there were 12,921 people in the age category 65 plus living in the Clare region. The recently published 2006 Survey on Long Stay Activity Statistics (available on the Department’s website) provides a summary of individual long stay units, including the geographical information requested. A copy of the report has been posted directly to the Deputy.

697 Questions— 27 February 2008. Written Answers

Housing Aid for the Elderly. 113. Deputy Finian McGrath asked the Minister for Health and Children if she will assist in the case of a person (details supplied) in Dublin 5. [8384/08]

Minister of State at the Department of Health and Children (Deputy Ma´ire Hoctor): Oper- ational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive (HSE) under the Health Act 2004 and funding for all health services has been provided as part of its overall vote. The HSE’s responsibility includes the operation of the Housing Aid Scheme for the Elderly, on behalf of the Department of Environment, Heritage and Local Government. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. The Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Health Services. 114. Deputy Finian McGrath asked the Minister for Health and Children the position regarding the case of a person (details supplied) in Dublin 5. [8385/08]

Special Educational Needs. 115. Deputy Finian McGrath asked the Minister for Health and Children if she will support the issues raised in correspondence from a person (details supplied). [8388/08]

Minister of State at the Department of Health and Children (Deputy Jimmy Devins): As the Deputy is aware the education of a child, irrespective of their disability, is a matter for my colleague the Minister for Education and Science. Where applicable my Department, through the Health Service Executive, supply support services to enable the particular person to avail fully of the educational system being offered. Representatives of the Department of Health and Children, Department of Education and Science, the Health Service Executive and the National Council for Special Education meet on a monthly basis to address issues arising in relation to the implementation of the Disability Act 2005 for children under 5 years, which commenced on 1 June last. The group is also planning for the roll out of Part 2 of the Disability Act, 2005 and the Education for Persons with Special Needs Act, 2004 to children between 5 and 18 years and to adults. Issues in relation to the timely and appropriate provision of health and education supports to children with a range of disabilities including autism are being considered in the context of these discussions. The Government is also honouring its commitment in relation to the Multi-Annual Invest- ment Programme for people with disabilities, with a further \50m investment which was announced in the 2008 Budget. The Deputy’s question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the

698 Questions— 27 February 2008. Written Answers

Executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Home Help Service. 116. Deputy Bernard J. Durkan asked the Minister for Health and Children when arrangements for home help visits to a person (details supplied) in County Kildare will take place; and if she will make a statement on the matter. [8397/08]

Minister of State at the Department of Health (Deputy Ma´ire Hoctor): Operational responsibility for the management and delivery of health and personal social services was assigned to the Health Service Executive under the Health Act 2004. Therefore, the Executive is the appropriate body to consider the particular case raised by the Deputy. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Pension Provisions. 117. Deputy Bernard J. Durkan asked the Minister for Health and Children when pension pay and a lump sum in the case of a person (details supplied) in County Kildare will be concluded; and if she will make a statement on the matter. [8398/08]

Minister for Health and Children (Deputy Mary Harney): The Health Service Executive administers the Local Government Superannuation Scheme and therefore is the appropriate organisation to address the Deputy’s query. My Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued to the Deputy.

Departmental Reviews. 118. Deputy David Stanton asked the Minister for Health and Children if a review of the cost of disability payment has been commenced; if so, when he will publish such a review; and if she will make a statement on the matter. [8509/08]

Minister of State at the Department of Health (Deputy Jimmy Devins): The social partnership agreement, Towards 2016, includes a commitment that the issues around the introduction of a cost of disability payment will be considered following the development of a needs assessment system under the Disability Act. This follows an inter-departmental examination of the issue by a working group and research commissioned on its behalf by the National Disability Authority. Part 2 of the Disability Act 2005 establishes a system for the assessment of individual needs for people with a disability. The assessment of need process has been implemented for persons aged under 5 years of age with effect from 1st June 2007. It is intended that the assessment of need process for all persons with a disability will be in place by 2011. In the meantime, there is already significant assistance available to mitigate the impact of the additional costs incurred by people with a disability. These measures include weekly/monthly allowances, additional income supports, other benefits such as medical cards/free travel/mobility allowance and tax concessions.

State Airports. 119. Deputy Pat Breen asked the Minister for Transport further to Parliamentary Question No. 339 of 11 December 2007, when he expects legislation to be published to give effect to the

699 Questions— 27 February 2008. Written Answers

[Deputy Pat Breen.] extension of the US Customs and Border Protection facility at Shannon Airport; and if he will make a statement on the matter. [8374/08]

Minister for Transport (Deputy Noel Dempsey): Further to my reply to Parliamentary Ques- tion No. 339 of 11 December 2007, I can say that the U.S. proposals for the provision of pre- clearance facilities at Dublin and Shannon Airports were submitted to my Department in late December 2007. Formal negotiations on the proposals commenced with the U.S. authorities on 29 January last and further discussions are envisaged. Given that the matter is still under negotiation it is too early to say when I will be in a position to publish the necessary legislation.

Parking Regulations. 120. Deputy David Stanton asked the Minister for Transport the way he will address illegal parking in disabled car parking spaces through enforcement, increasing fines and public awareness as per his Department’s Disability Act 2005 Sectoral Plan; and if he will make a statement on the matter. [8510/08]

121. Deputy David Stanton asked the Minister for Transport when he will review the eligibility criteria for the disabled driver and disabled passenger scheme and other vehicle adaptation schemes; and if he will make a statement on the matter. [8511/08]

Minister for Transport (Deputy Noel Dempsey): I propose to take Questions Nos. 120 and 121 together. A review of the disabled persons’ parking scheme is ongoing in my Department with a view to ensuring that the designated parking bays are reserved for use by persons for whom those bays are a necessity. Measures have been put in place through amendments made to the Road Traffic Acts from 2004 to 2007 to strengthen enforcement against illegal use of disabled persons parking permits. It is an offence to submit a false declaration in the application for a permit and in relation to forgery, alteration or other illegal use or lending of a permit. On-street enforcement against illegal use of permits has been strengthened in that Gardaı´ and local authority traffic wardens have been given power to inspect permits and to detain any permit that is invalid or is being used in an illegal manner. Under the fixed charge system that was introduced in April 2006 the fixed charge of \80 (increasing to \120 after 28 days) that applies to illegal parking in a designated disabled persons parking bay is double the amount of fixed charge that applies to any other illegal parking offence. The focus of the elements of the review completed to date has been on enforcement to safeguard against illegal use of permits. The issue of eligibility is the next element to be addressed this year. The concession scheme in place for vehicle adaptation is a matter for the Minister for Finance and I have no role in that regard.

Road Network. 122. Deputy David Stanton asked the Minister for Transport the progress made in con- structing a linked metropolitan corridor from Waterford through Cork, Limerick/Shannon to Galway as outlined in the Programme for Government; and if he will make a statement on the matter. [8517/08]

700 Questions— 27 February 2008. Written Answers

Minister for Transport (Deputy Noel Dempsey): As Minister for Transport I have responsibility for overall policy and funding in relation to the national roads programme element of Transport 21. As the Deputy is aware, the implementation of individual national road projects, including the Atlantic Road Corridor, is a matter for the National Roads Authority (NRA) under the Roads Act, 1993 in conjunction with the local authorities concerned.

Consumer Protection. 123. Deputy Mary Upton asked the Minister for Enterprise, Trade and Employment the reason a company (details supplied) imposes a penalty charge on customers who cannot or do not choose to pay their bill by direct debit; and if he will make a statement on the matter. [8266/08]

Minister for Enterprise, Trade and Employment (Deputy Michea´l Martin): The Deputy’s question refers to the practice of the company concerned imposing a charge on customers who pay their bills by means other than direct debit. I note the concerns expressed by a number of commentators that this charge could impact disproportionately on certain groups of vulnerable consumers. I understand that the National Consumer Agency (NCA) received a number of complaints from consumers as far back as November 2006 in relation to the intention of the company concerned to impose a charge on consumers who pay their bills after the due date and to introduce a charge on customers who pay their bills by other than direct debit. I am advised that the Agency subsequently met with the senior management of the company concerned on a number of occasions. Arising from these discussions the company concerned undertook to only impose the late payment charge following a written reminder to the customer and notification of the application of the charge should the customer’s bill not be cleared within a specified timeframe. With regard to the charge for paying other than by direct debit, I am advised that this charge only applies to new customers of the company recruited after 1st April 2007, and that such customers are made fully aware before signing up for the company’s services that a charge will be imposed if they do not choose to pay their bill by direct debit. I understand that the National Consumer Agency continues to meet with the company concerned in relation to a range of issues.

Employment Rights. 124. Deputy Brian Hayes asked the Minister for Enterprise, Trade and Employment the mechanisms in place to ensure that migrant workers are not exploited in the services sector of the economy; and if he will make a statement on the matter. [8208/08]

Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I suggest that the matter at issue here relates to all workers and not just to workers from outside the State, since our laws apply equally to all who are in employment here, including persons working in the services sector. I assume that the Deputy is referring to breaches of employment law, or of employment-related legislation. A large body of employment rights legislation covering areas as diverse as terms of employment, organisation of working time, payment of wages, part-time workers, maternity leave etc has been put in place over recent years. These provisions apply to all in employment, regardless of sector and employees in the services sector can, of course vindicate their rights under these provisions through the use of the State’s dispute resolution machinery, such as the Rights Commissioner Service, the Labour Court and the Employment Appeals Tribunal.

701 Questions— 27 February 2008. Written Answers

[Deputy Billy Kelleher.]

Nevertheless, experience has shown that the unprecedented expansion of the economy over the last decade has provided opportunities for exploitation, particularly in the case of those newly arrived in the country and not aware of their very extensive employment rights. Combat- ing such abuses requires action not only from government agencies but also by other representative groups in broader society. The Government’s response to this changing reality has been to avail of the social partnership process to agree with the social partners a new framework to bring about greater compliance with employment law and to provide the administrative means to give effect to these commitments. Already, the National Employment Rights Authority – NERA — has started work, with a significant increase in staff and a new regional structure. NERA is publishing material to promote employment rights in up to eleven languages and ten of the 90 officers that form the Inspectorate will have specialist foreign language skills. When setting up the National Employment Rights Authority the Government made a very significant additional investment in the areas of promoting compliance with employment law and in ensuring that, in the event of non-compliance, there are effective mechanisms for redress and, where appropriate, for prosecution. I would urge anyone who has specific complaints to contact NERA immediately, to enable these to be investigated. Alternatively, and where appropriate, employees should refer their complaints directly to the dispute settling agencies for redress.

Arts Council. 125. Deputy Mary Upton asked the Minister for Arts, Sport and Tourism the funding level for the Arts Council for 2008; if this is \82 million as stated in the Budget 2008 document; the location where the figure of \85.1 million as stated in the Arts and Culture Plan 2008 came from; the figure that is correct; and if he will make a statement on the matter. [8320/08]

Minister for Arts, Sport and Tourism (Deputy Se´amus Brennan): Funding for the Arts Council in the calendar year 2008 is \82.102m outlined in Subhead D7 of my Department’s Vote. The figure of \85.1m referred to (once) in the Arts and Culture Plan reflects the total funding for the Arts Council for the period 1 December 2007 to 31 December 2008 which includes a supplementary estimate provision of \3m granted in December 2007.

Social Welfare Benefits. 126. Deputy Catherine Byrne asked the Minister for Social and Family Affairs if a person (details supplied) in Dublin 8 is entitled to rent supplement; if so, when they can expect to receive payment; and if he will make a statement on the matter. [8233/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Rent supplement is administered on my behalf by the Health Service Executive (HSE) as part of the supplementary welfare allowance scheme. Rent supplement is subject to a limit on the amount of rent that an applicant may incur. Rent limits are set at levels that enable the different eligible household types to secure and retain basic suitable rented accommodation, having regard to the different rental market conditions that prevail in various parts of the State. The objective is to ensure that rent supplement is not paid in respect of overly expensive accommodation having regard to the size of the household. The Health Service Executive has advised that while no formal decision has been made, the person concerned was informed that she was unlikely to qualify for rent supplement as her rent was substantially in excess of the rent limits prescribed for a person in her circumstances.

702 Questions— 27 February 2008. Written Answers

Not withstanding these limits, under existing arrangements the HSE may, in certain circumstances, exceed the rent limits. The person was advised that the community welfare officer would consider payment of rent supplement for a short period of time, subject to her sourcing alternative accommodation within the prescribed rent limits. She has not followed up on this proposal.

Pension Provisions. 127. Deputy Michael Ring asked the Minister for Social and Family Affairs the number of people in a sector (details supplied) who have been refused a State non-contributory pension due to the habitual residence regulation since it was introduced, with details on a yearly basis. [8294/08]

128. Deputy Michael Ring asked the Minister for Social and Family Affairs the number of people in a sector (details supplied) who applied for a State non-contributory pension in each of the past ten years, with details on an annual basis; and the costs of those pensions annually. [8295/08]

129. Deputy Michael Ring asked the Minister for Social and Family Affairs the effect the habitual residence regulations have on a sector (details supplied); the way the pension needs of these people can be addressed while they are here; and if he will make a statement on the matter. [8296/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): I propose to take Questions Nos. 127 to 129, inclusive, together. The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1st May 2004. The State Pension (Non Contributory) (formerly Old Age Non Con Pension) is one such scheme. The restrictions were introduced in the context of the Government’s decision to open the Irish labour market to workers from the new EU Member States without the transitional limitations which were being imposed at that time by many of the other Member States. Irish Missionaries, had prior to the introduction of the habitual residence condition (HRC), been paid State Pension (Non Contributory) when returning to Ireland for holidays or medical treatment. Since the introduction of the HRC all applicants for the schemes covered by the HRC have to satisfy the condition and it is not possible to make an exception in favour of any group or nationality. Members of religious orders who come back to Ireland on a permanent basis, for example, to retire may still qualify for a State Pension (Non Contributory) on the grounds that their centre of interest is now in this State. Details of the occupation of claimants assessed under the habitual residence condition are not maintained, however, the number of State Pension (Non Contributory) claimants who were refused pension since the inception of the habitual residence condition which would include the sector mentioned are as follows:

Year 2004 2005 2006 2007 Total

Number Refused 27 37 21 22 107

Social Welfare Code. 130. Deputy James Reilly asked the Minister for Social and Family Affairs if his Department 703 Questions— 27 February 2008. Written Answers

[Deputy James Reilly.] has conducted a review of social welfare assistance payments to take account of the relatively high cost of health foods for socially disadvantaged groups; and if he will make a statement on the matter. [8315/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Where people on low incomes have particular medical conditions or dietary requirements, diet supplements are available through the supplementary welfare allowance scheme which is administered on my behalf by the Community Welfare division of the Health Service Executive. Expenditure on diet supplements in 2007 amounted to \5.5m with over 10,000 people benefiting. In that regard, the Department commissioned a study on healthy eating and specialised diets from the Irish Nutrition and Dietetic Institute on healthy eating. The study — Examination of the Cost of Healthy Eating and Specialised Diets for a Single Individual in Ireland — was carried out to inform policy on diet supplement arrangements and incorporated a costing for a healthy eating diet. It was published in January 2006. Revised diet supplements arrangements were introduced in April 2006 reflecting the findings of the study and subsequently updated in January 2007. This report was updated in November 2007 in the light of changing prices and ongoing research on nutritional issues. One of the key findings in this update is that a balanced healthy eating diet can be purchased for between 18% and 30% of a person’s social welfare allowance. I am satisfied that the policy of providing substantial real increases in primary social insurance and assistance payment rates has been effective in ensuring that those who depend on social welfare income have sufficient income for healthy food and I do not consider that a review of social welfare payments in this regard is required.

Anti-Poverty Strategy. 131. Deputy James Reilly asked the Minister for Social and Family Affairs his views on whether access to a healthy diet should be included as an indicator to measure food poverty as part of the National Anti-Poverty Strategy Inclusion process; if so, the action he has taken in this regard; and if he will make a statement on the matter. [8316/08]

Minister for Social and Family Affairs (Deputy Martin Cullen): Access to a healthy diet and tackling food poverty is a clear priority for this Government and the approach being adopted is linked to a wide range of policy initiatives which are reinforced in the Agreed Programme for Government. Towards 2016 contains targets relating to the development of the Schools Meals Programme, a new Health Promotion Policy and action on children’s food poverty and obesity. Building on this, the National Action Plan for Social Inclusion 2007-2016 (NAPinclusion) contains a number of targets aimed at providing access to a healthy and affordable diet. Commitments in relation to food and nutrition include:

• a National Nutrition Policy to address children’s food poverty and obesity. This will be launched shortly by the Department of Health and Children; and

• the initiation, by the Department of Health and Children working in partnership with other stakeholders, of specific community and sectoral initiatives to encourage healthy eating and physical activity among adults, with a particular focus on adults living in areas of disadvantage.

704 Questions— 27 February 2008. Written Answers

The school meals schemes for children in disadvantaged areas funded by my Department — the urban school meals scheme and the local projects scheme — can make an important contribution to ensuring that children receive better nutrition. It is a criterion of schemes that funding is used for healthy, nutritious food only and schools are encouraged to include fruit with each meal. In 2007, some 185,000 pupils in 1, 800 schools benefited from the scheme at a cost of some \27m. The number of meals being provided on a daily basis through the school meals local projects scheme doubled from 89,915 in the school year 2005/2006 to 179,660 in the school year 2006/2007. In addition, my Department is involved with a Healthy Food for All initiative to develop a code of best practice for school meals. Healthy eating is affected by dietary and nutritional awareness, cultural attitudes and access to good quality grocery shopping, as well as to the adequacy of social welfare income supports. A costing for a healthy eating diet was incorporated in the study entitled the Examination of the Cost of Healthy Eating and Specialised Diets for a Single Individual in Ireland which was undertaken by the Irish Nutrition and Dietetic Institute for my Department to inform policy on diet supplement arrangements. Over 10,000 people received such supplements through the supplementary welfare allowance scheme at a cost of \5.5 million in 2007. The study was updated in November 2007 in the light of changing prices and ongoing research on nutritional issues. One of its key findings is that a balanced healthy eating diet can be purchased for between 18% and 30% of a person’s social welfare allowance. In line with the Government’s targets in the NAPinclusion, increases in social welfare payment rates have consistently exceeded increases in the cost of living in recent years. This has helped to ensure that those depending on social welfare experience real improvement in their ability to meet their basic needs, including provision of adequate food, heating, etc. There is no one indicator or measure of poverty that gives a complete picture of the situation regarding deprivation, poverty and social exclusion. The official Government approved consistent poverty measure was developed independently by the Economic and Social Research Institute (ESRI). The main objective of this poverty measure is to clearly identify those who are most deprived and vulnerable in society i.e. the proportion of people, from those with less than 60 per cent of median income, who are deprived of goods or services considered essential for a basic standard of living. Deprivation of food is reflected in two out of the eleven indicators used to obtain the measure of consistent poverty measure. The overall goal in the National Action Plan for Social Inclusion (NAPinclusion) is to reduce the proportion of the population experiencing consistent poverty to between 2 per cent and 4 per cent by 2012, with the aim of eliminating consistent poverty by 2016. The latest results from the EU SILC survey, released November 2007, indicate that the Government is on target to achieve this goal. It showed that the rate of consistent poverty in the population in 2006 was 6.5 per cent, down from 8.2 per cent in 2003. A reduction in food poverty is being achieved as part of the overall reduction in consistent poverty.

Community Development. 132. Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his proposals to meet the concerns of a project (details supplied) in County Waterford; and if he will make a statement on the matter. [8231/08]

134. Deputy Brian O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his proposals regarding the concerns of a committee (details supplied) in County Waterford in relation to the cessation of funding to their support agency framework; and if he will make a statement on the matter. [8379/08]

705 Questions— 27 February 2008. Written Answers

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): I propose to take Questions Nos. 132 and 134 together. I refer the Deputy to my reply to question 433 on 19 February 2008.

133. Deputy Tony Gregory asked the Minister for Community, Rural and Gaeltacht Affairs if a voluntary organisation (details supplied) in Dublin 2 will qualify for grant assistance; and the maximum amount of grant involved. [8270/08]

Minister of State at the Department of Community, Rural and Gaeltacht Affairs (Deputy Pat Carey): My Department funds the Programme of Grants for Locally-Based Community and Voluntary Organisations, which supports the activities of local voluntary and community groups. The most recent Programme offered three schemes of once-off grants and applications are assessed under the guidelines and criteria set out for the Programme. The group to which the Deputy refers applied unsuccessfully for funding under the 2005 Programme. The group sought funding for a counselling service, which was deemed as an ineligible activity under the published guidelines. In the next few weeks, I will be launching a new Programme of grants for community and voluntary organisations. In this context, I have arranged for the group to be provided with a copy of the new application form and guidelines when available, should they have an eligible project for which they wish to seek funding. Full information in respect of the Programme will be available on my Department’s website www.pobail.ie. Question No. 134 answered with Question No. 132.

Departmental Surveys. 135. Deputy David Stanton asked the Minister for Community, Rural and Gaeltacht Affairs the way in which he will conduct an enterprise audit to review the use of existing and redundant agricultural buildings under action plans in rural areas; and if he will make a statement on the matter. [8515/08]

Minister for Community, Rural and Gaeltacht Affairs (Deputy E´ amon O´ Cuı´v): I have no function in this matter.

Question No. 136 withdrawn.

Grant Payments. 137. Deputy Billy Timmins asked the Minister for Agriculture, Fisheries and Food the position in relation to a company (details supplied) in County Wicklow; if this company obtained State grants; if so, the amount of same; and if she will make a statement on the matter. [8227/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): This company did not receive forestry related grants from my Department.

Departmental Appointments. 138. Deputy Dan Neville asked the Minister for Agriculture, Fisheries and Food the number of appointments made to the position of agriculture inspector general in 2007. [8234/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The number of appointments made to the position of Agriculture Inspector (general) in 2007 was 11. Twenty

706 Questions— 27 February 2008. Written Answers three appointments to the post of Assistant Agriculture Inspector (general) were made during the same period.

Grant Payments. 139. Deputy Denis Naughten asked the Minister for Agriculture, Fisheries and Food when she will publish the revised costings for farm buildings; if she will ensure that such costings are based on the date of construction of the farm building rather than the date that the grant was approved; and if she will make a statement on the matter. [8317/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): The review of the Standard Costings used in the calculation of grants under my Department’s on-farm investment schemes is currently being considered within my Department. By virtue of the conditions of these schemes, the Standard Costings applicable on the date of approval to proceed with the investment works are used in the calculation of the grants concerned. I have no plans to change this procedure.

140. Deputy Michael Ring asked the Minister for Agriculture, Fisheries and Food if she will clarify the payment arrangement to apply to REP scheme four contracts commencing in 2008; the number of applicants affected by this; and if she will make a statement on the matter. [8318/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): Payments to farmers in REPS 4 are governed by a new Commission Regulation which reflects the Commission’s objective of integrating and harmonising the operation of the various farm payment schemes including the Single Payment Scheme, REPS and the Disadvantaged Areas Scheme. Inevitably, for all farmers with contracts in REPS 4 starting on or after 1 January this year, the new rules will result in some changes from the previous payment pattern. My officials are in detailed technical discussions with the Commission services and both sides are committed to introducing any new arrangements in a way that will alleviate the impact of these changes on farmers. I expect the matter to be clarified shortly.

141. Deputy Paul Connaughton asked the Minister for Agriculture, Fisheries and Food the reason a person (details supplied) in County Galway has not been awarded their full single farm payment; and if she will make a statement on the matter. [8355/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): As previously indicated in a reply to Parliamentary Question No. 407 on 12th February 2008, an application was received under the 2005 Single Payment Scheme year requesting the transfer of 17.88 standard entitlements by way of lease from the second person named to the first person named. This application was successfully processed and full payment issued on foot of the leased entitlements to the first person named for the Scheme years 2005 and 2006. The lease in question had an expiry date of 27 April 2007 and the entitlements in question automatically reverted to the second person named on that date. Consequently they were not available to the first person named for the 2007 Scheme year. In response to contact from an official from my Department, a 2007 Transfer of Entitlements application has been received on 14th February 2008. As essential elements of this form were unfilled, it has been returned to the applicants for completion. It will be processed even though the closing date for submission of 2007 Transfer of Entitlement application forms was 15th May 2007. The persons named will be notified in writing on completion of processing of the Transfer application form.

707 Questions— 27 February 2008. Written Answers

142. Deputy Billy Timmins asked the Minister for Agriculture, Fisheries and Food the position is in relation to the suckler herd scheme (details supplied); and if she will make a statement on the matter. [8523/08]

Minister for Agriculture, Fisheries and Food (Deputy Mary Coughlan): To be eligible to participate in the Scheme, a farmer shall

• Be aged 18 years or over.

• Be farming a holding within the State, which is declared under the EU Single Payment Scheme for every year of his/her participation in the Suckler Scheme.

• Undertake to implement all the relevant measures of the scheme.

• Record all details of each undertaking in each measure through the Animal Events SystemThere is no upper age limit for the Scheme. The lower age limit of 18 years is common to all the direct payment schemes and is in line with the requirements for getting a herd number.

One of the measures in this Scheme is the requirement to attend a training course before the end of year 2. There is an exemption for persons who are under 35 and who hold at least a National Framework of Qualifications (NFQ) level 6 Agricultural Qualification or higher. This exemption is common to a number of Department schemes and is justified on the basis that young trained farmers under 35 are regarded as having been sufficiently trained in the latest technology of breed improvement and best practice in animal welfare and animal handling.

Special Educational Needs. 143. Deputy Andrew Doyle asked the Minister for Education and Science if her Department is legally responsible for the provision of supported education for autistic children; and if she will give the Minister for State for Children a role in coordinating the inter-Departmental programme for the supported education of autistic children. [8363/08]

Minister for Education and Science (Deputy Mary Hanafin): My Department provides for the education of all children, including those with autism, through the provision of home tuition and through the primary and post-primary school network. The Health Service Executive is responsible for the provision of health supports such as therapies to children.

1 My Department provides for educational provision for children with autism from 22 years of age up until they leave school. Parents of younger children receive a home tuition grant to enable them to put in place a home programme until the child starts school. My Department has also put in place a number of early intervention classes. In school, depending on each child’s abilities, there are options of mainstream, special class placement or a special school placement where children have access to fully qualified teachers, special needs assistant support, assistive technology and specialist equipment if required. Special school transport is also available. Teachers have been, and continue to be, trained in a wide range of autism-specific interventions including TEACCH, PECS and ABA. There is now a nationwide network of autism-specific education places in place with over 275 special classes approved. This network has been the culmination of much work including the consideration of the available research, the Task Force Report, advice from autism experts, NEPS and the Inspectorate on the provision of education for these children who have such individual needs.

708 Questions— 27 February 2008. Written Answers

The Deputy will be aware that my colleague, Jimmy Devins T.D., is the Minister of State for Disability and Mental Health. A key role of the Office for Disability and Mental Health is, through formal interdepartmental links, to facilitate the delivery of integrated health and education support services for all children with special needs, including those with autism.

Schools Building Projects. 144. Deputy Brian Hayes asked the Minister for Education and Science her plans to provide new premises for a school (details supplied) in Dublin 1; and if she will make a statement on the matter. [8209/08]

Minister for Education and Science (Deputy Mary Hanafin): The school in question has an application with my Department for a new school building. The school is currently located in temporary accommodation in the Dublin 7 area. The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered on an on-going basis in the context of my Department’s Multi-Annual School Build- ing and Modernisation Programme.

School Accommodation. 145. Deputy P. J. Sheehan asked the Minister for Education and Science the status of an application by a national school (details supplied) in County Cork to build additional classrooms; when she expects the application process to be completed and building contracts to be awarded; when she expects these classrooms to be available for use by the children of the school; and if she will make a statement on the matter. [8213/08]

151. Deputy Jimmy Deenihan asked the Minister for Education and Science when the technical assessment of the existing accommodation at a school (details supplied) will be carried out, in order to best provide for the schools future accommodation needs; and if she will make a statement on the matter. [8283/08]

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 145 and 151 together. An application for capital funding towards the provision of an extension at the school to which the Deputy refers was received and assessed. The long term projected staffing, on which the future accommodation needs of the school will be based, has been determined and notified to the school authority. In order to determine how best to provide for the school’s accommodation needs into the future, it will be necessary to have a technical assessment of existing buildings carried out. Officials from my Department will be in contact with the school authority to arrange a date in due course.

Schools Building Projects. 146. Deputy Olwyn Enright asked the Minister for Education and Science the progress of building works at a school (details supplied) in County Offaly; and if she will make a statement on the matter. [8218/08]

147. Deputy Olwyn Enright asked the Minister for Education and Science the position regarding a building project at a school (details supplied) in County Offaly; and if she will make a statement on the matter. [8221/08]

709 Questions— 27 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): I propose to take Questions Nos. 146 and 147 together. The schools referred to by the Deputy are two of four schools that make up the First Bundle of the Department’s current Public Private Partnership Programme. This bundle consists of two new schools in Portlaoise, Co. Laois and two new schools in Co. Offaly. The two schools in Portlaoise will be built on the one site — St. Mary’s CBS, and Scoil Chrı´ost Rı´ and the two schools in Co. Offaly which are the subject of the Deputy’s questions comprise of a new community school and a new community college. Macquarie Partnership for Ireland (MPFI) has been selected as the preferred tenderer for the provision of this Bundle. Negotiations between the National Development Finance Agency (NDFA), who are responsible for the procurement of the schools, and MPFI are well advanced. Assuming a successful conclusion to these negotiations MPFI will be in a position to submit planning applications for all four schools to the relevant local authorities, and that the contract will be ready for signing on receipt of planning permission. Subject to the outcome of the planning process with the relevant authorities, construction of the four schools is expected to start in the summer and it is anticipated that they will be available before the end of 2009.

148. Deputy Timmy Dooley asked the Minister for Education and Science the status of the proposed capital works project at a school (details supplied) in County Clare. [8224/08]

Minister for Education and Science (Deputy Mary Hanafin): The project to which the Deputy refers is currently at stage 4/5 of architectural planning. The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department’s Multi-Annual School Building and Modernis- ation Programme. The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The progression of all school building projects, including the one in question, will be considered in this context. On 1 February, I announced a list of schools which are due to go to construction in 2008. It is also my intention to make a further announcement after Easter to allow a further batch of schools to commence construction and to update progress on the new schools planned for September 2008 delivery in developing areas.

School Accommodation. 149. Deputy Ruairı´ Quinn asked the Minister for Education and Science the number of prefabricated classrooms installed in schools during 2007; the average cost per prefabricated classroom; and if she will make a statement on the matter. [8261/08]

Minister for Education and Science (Deputy Mary Hanafin): The information sought by the Deputy is not readily available. While comprehensive information is held on individual school files, the Department does not yet have these details available in a format that provides readily accessible cumulative information on the overall position. It is, however, intended to address this issue as part of a general review of rental policy that is currently being undertaken. I assure the Deputy that every effort is made by the Department to keep expenditure on prefabricated accommodation as low as possible. Where accommodation is needed at very short notice, however, a temporary solution can be the only option. Such accommodation may also be used where the need is short-term, such as

710 Questions— 27 February 2008. Written Answers when a school requires a temporary building while it is awaiting the completion of construction of permanent facilities. Last year, only 5% of the total investment in school buildings went on the rental of temporary accommodation. This year nearly \600 million will be invested in school buildings and construction work will take place which is expected to provide permanent accommodation for about 20,000 pupils when complete. The Deputy will be aware that in the past newly-recognised schools have generally had to open in temporary accommodation. I have been anxious to move away from this approach in developing areas and this year we are working hard to open as many new schools as possible in permanent accommodation. Department officials have been working in partnership with local authority staff to acquire sites needed for new schools next September. Considerable effort has also been invested in pre-planning discussions with a view to ironing out any difficulties that might otherwise have been experienced at planning permission stage. I also held very productive meetings with a number of county managers and their senior planners and appreciate the effort that they have put into working with us on this. Sites for each of the September 2008 projects have been identified and site master-plans have been developed by the technical teams. Our aim, where possible, is to put permanent solutions in place on a phased basis to meet the immediate September 2008 needs with a second phase to follow as required. Permanent solutions will be possible where a long-term site has been secured. A significant amount of building work on the new schools is being done off-site. The successful tenderers for the construction of each individual project have been notified. Project teams which were recruited from the private sector in October 2007 have been tasked with preparing the planning applications, undertaking the necessary surveys and overseeing the delivery of the schools on each site. To conclude, expenditure on temporary accommodation has tended to represent a very small proportion of the overall investment in school buildings in recent years. The use of prefabs is avoided where possible but sometimes they can be the only feasible option. And we are now working to ensure that, where possible, new schools in developing areas will open in permanent accommodation from the start.

150. Deputy Ruairı´ Quinn asked the Minister for Education and Science the number of permanent classrooms built in schools during 2007; the average cost per classroom of these projects; and if she will make a statement on the matter. [8262/08]

Minister for Education and Science (Deputy Mary Hanafin): During 2007 over 300 additional permanent classrooms were completed while construction work was underway to deliver up to a further 400 additional permanent classrooms. Under the Permanent Accommodation Scheme an allocation of \120.000 is provided for an additional permanent classroom, however costs may be higher in the event of difficult site conditions or planning permission conditions. As the provision of classrooms in large scale new school and extension projects represents only part of an overall project, costings on classrooms in such instances are unique to each project.

Question No. 151 answered with Question No. 145.

Schools Amalgamation. 152. Deputy Jimmy Deenihan asked the Minister for Education and Science if the assessment of projected enrolment trends, demographic trends and housing developments has been completed in the case of the amalgamation of schools (details supplied) in County Kerry; when the project will move onto the next stage of planning; and if she will make a statement on the matter. [8284/08]

711 Questions— 27 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): An assessment of projected enrolment trends, demographic trends and housing developments to determine the long term projected staffing for the project to which the Deputy refers is on-going. When this matter has been finalised progress on the building project itself will be considered in the context of the multi-annual School Building and Modernisation programme.

Schools Building Projects. 153. Deputy Dinny McGinley asked the Minister for Education and Science the number of schools in south west Donegal who applied for a grant under the devolved schools scheme; the number of applications outstanding; when it is expected that allocations will be made; and if she will make a statement on the matter. [8291/08]

Minister for Education and Science (Deputy Mary Hanafin): Decisions regarding the allocation of funding in respect of the devolved scheme referred to by the Deputy will be taken in due course, in the context of my Department’s School Building and Modernisation Programme.

Vocational Training Opportunities Scheme. 154. Deputy Dan Neville asked the Minister for Education and Science when the meal and travel allowance for students attending the VTOS course in a centre (details supplied) in County Limerick will be increased to at least \20 per week as the current rate of \4 per week is outdated. [8292/08]

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The Vocational Training Opportunities Scheme (VTOS) is a second — chance education initiative, which is funded by my Department, for unemployed persons who are at least 21 years of age and in receipt of certain social welfare payments for at least six months. It is operated through the Vocational Education Committees. The aim of the Scheme is to give unemployed people education and training opportunities which will develop and prepare them to go into paid employment, or on to further education opportunities leading to paid employment. A training allowance is paid by the VECs to students who previously drew unemployment benefit or assistance. The student ceases to receive an unemployment payment and, instead, receives a VTOS training allowance at a rate equivalent to the maximum rate of unemployment benefit, plus a payment for an adult or child dependant, if appropriate. VTOS students also retain their social welfare secondary benefits. The allowances for VTOS students for meals and travel referred to in the question are equivalent to these paid to participants on FA´ S training courses. VTOS students may be entitled to a travel allowance if they reside more than 3 miles from a centre. These allowances are increased periodically in line with increases in FA´ S rates. The current rates are in operation since 2002. There are no plans to increase them in the near future.

Schools Building Projects. 155. Deputy Willie Penrose asked the Minister for Education and Science the position in relation to an application for the erection of a new primary school at Rathwire, Killucan, County Westmeath; the stage same is at; and if she will make a statement on the matter. [8350/08]

Minister for Education and Science (Deputy Mary Hanafin): The Department is aware of the current and planned housing developments for the area to which the Deputy refers and that additional accommodation will be required to cater for a consequential increase in enrolments.

712 Questions— 27 February 2008. Written Answers

As the Deputy will be aware, all applications for large scale capital funding are assessed against published prioritisation criteria and assigned a band rating. Progress on individual projects is then considered in the context of the multi-annual School Building and Modernisation Programme consistent with that band rating. This is the case for the project in question. The new National Development Plan (NDP) includes funding of \4.5 billion for investment in school building infrastructure. This will be the largest investment programme in schools in the history of the State and it will enable the Department to ensure that school places are available where needed as well as continuing to upgrade existing school facilities. This investment will allow the Department to continue the acceleration of the school building programme which commenced during the lifetime of the last NDP when well over \2.6 billion was invested on school development, delivering over 7,800 projects.

156. Deputy Thomas P. Broughan asked the Minister for Education and Science the progress made to provide a much needed new school building at a school (details supplied) in Dublin 5. [8358/08]

Minister for Education and Science (Deputy Mary Hanafin): The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department’s Multi-annual School Building and Modernisation Programme. The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The progression of all school building projects, including the one in question, will be considered in this context. The new National Development Plan (NDP) includes funding of \4.5 billion for investment in school building infrastructure. This will be the largest investment programme in schools in the history of the State and it will enable the Department to ensure that school places are available where needed as well as continuing to upgrade existing school facilities. This investment will allow the Department to continue the acceleration of the school building programme which commenced during the lifetime of the last NDP when well over \2.6 billion was invested on school development, delivering over 7,800 projects.

157. Deputy Thomas P. Broughan asked the Minister for Education and Science the level of progress regarding the proposed building project at a school (details supplied) in Dublin 5; and if she will make a statement on the matter. [8359/08]

Minister for Education and Science (Deputy Mary Hanafin): The building project for the school referred to by the Deputy is at stage 3 (i.e. Developed Sketch Scheme) of the architectural planning process. This stage has been received and reviewed in my Department. Additional information is being sought from school’s Design Team. As soon as this information has been received a review meeting will be organised between the Board of Management, it’s Design Team and the Department to assess the submission. Further progress on the project will then be considered in the context of my Department’s multi-annual School Building and modernisation Programme.

158. Deputy Deirdre Clune asked the Minister for Education and Science if a school (details supplied) in County Cork is considered by her Department to be in a rapidly developing area; and if she will make a statement on the matter. [8365/08]

713 Questions— 27 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): The area to which the Deputy refers is not currently designated as a rapidly developing area by my Department. As the Deputy will probably be aware, the particular emphasis for my Department’s Building Programme in 2008 is on providing sufficient school places in developing areas, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The progression of all school building projects, including the one in question, will be considered in this context.

Schools Refurbishment. 159. Deputy John O’Mahony asked the Minister for Education and Science the funding in place for schools in County Mayo for them to upgrade their outdoor play areas; and if she will make a statement on the matter. [8367/08]

Minister for Education and Science (Deputy Mary Hanafin): The scope of works to which the Deputy refers would ordinarily be appropriate for consideration under the Summer Works Scheme. As the Deputy may be aware, the Summer Works Scheme was introduced in 2004. Since then, over 3,000 projects costing in excess of \300 million have been completed. Considerable extra investment has been provided in the Budget to increase funding for school buildings to almost \600 million this year. With so many small projects having been completed over the past few years, I intend to focus on delivering as many large projects as possible in 2008. There will not, therefore, be a new Summer Works Scheme as part of my Department’s building programme this year. Primary school authorities may, however, use their annual minor works grant to address the type of works to which the Deputy refers. In November 2006 I increased funding for the minor works grant by 44% on the previous year. Around \27m was paid out to primary schools throughout the country late last year to enable thousands of small scale works to be completed without the need to interact with my Department.

School Accommodation. 160. Deputy Pat Breen asked the Minister for Education and Science the status of an application for a school (details supplied) in County Clare; and if she will make a statement on the matter. [8375/08]

Minister for Education and Science (Deputy Mary Hanafin): I can confirm to the Deputy that the school to which he refers has applied to my Department for temporary accommodation. The application is being assessed and a decision will issue to the school authority as soon as possible.

Schools Building Projects. 161. Deputy Pat Breen asked the Minister for Education and Science the status of an application for a school (details supplied) in County Clare; and if she will make a statement on the matter. [8376/08]

Minister for Education and Science (Deputy Mary Hanafin): The project to which the Deputy refers is currently at stage 4/5 of architectural planning.

714 Questions— 27 February 2008. Written Answers

The progression of all large scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department’s Multi- Annual School Building and Modernisation Programme. The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The progression of all school building projects, including the one in question, will be considered in context. On 1 February, I announced a list of schools which are due to go to construction in 2008. It is also my intention to make a further announcement after Easter to allow a further batch of schools to commence construction and to update progress on the new schools planned for September 2008 delivery in developing areas.

Computerisation Programme. 162. Deputy Enda Kenny asked the Minister for Education and Science the allocation of money made in 2006 and 2007 for the purpose of the provision of a computer room at a school (details supplied); the allocation of money made available for the purchase and provision of computers to equip this room in 2006 and 2007; the moneys she will make available in 2008 for further provision of computers for this computer room; and if she will make a statement on the matter. [8377/08]

Minister for Education and Science (Deputy Mary Hanafin): The two major investment priorities under the ICT in Schools Programme over the past few years have been the provision of grant aid to schools to develop their computer networks and the establishment of the Schools Broadband Network and the provision of broadband access to schools. The school in question received a grant of \11,500 under the ICT in Schools Programme to develop its internal networking facilities and the school has confirmed its expenditure of this grant in 2006. The school has also been provided with broadband connectivity under the Schools Broadband Access Programme. I am aware of the benefits that good use of ICT can bring to our children’s education and I am conscious of the need for further investment to realise the full potential of integrating ICT into teaching and learning. As the Deputy will be aware, the Programme for Government sets out our commitment to implementing a comprehensive Schools ICT Strategy which will be underpinned by the investment of \252m which is provided for in the National Development Plan 2007-2013. I have appointed a Strategy Group to advise me on the prioritisation of measures under the planned investment over the period of the NDP. Among the issues which the new strategy will address are the upgrading and renewal of hardware, the provision of software and digital content for learning, teacher professional development, curriculum development, the maintenance of the national broadband network for schools and technical maintenance and support requirements. I will be shortly publishing the report of the Strategy Group together with my implementation plan.

Schools Building Projects. 163. Deputy Darragh O’Brien asked the Minister for Education and Science the progress regarding the provision of a new school for a school (details supplied) in County Dublin; the stage the project is at; the expected time scale for the delivery of this new school; and if she will make a statement on the matter. [8380/08]

715 Questions— 27 February 2008. Written Answers

Minister for Education and Science (Deputy Mary Hanafin): A revised technical submission for the project to which the Deputy refers is currently being examined by my Department’s technical staff. The progression of all large-scale building projects from initial design stage through to construction phase is considered on an on-going basis in the context of my Department’s Multi- Annual School Building and Modernisation Programme. The particular emphasis in 2008 is on providing sufficient school places in developing areas, while also showing the Government’s commitment to delivering improvements in the quality of existing primary and post-primary school accommodation throughout the country. The progression of all school building projects, including the one in question, will be considered in this context.

Physical Education Facilities. 164. Deputy David Stanton asked the Minister for Education and Science her plans to initiate a financial support package aimed at introducing primary school children to swimming as outlined in the Agreed Programme for Government; the amount she plans to make available through such a package in 2008; and if she will make a statement on the matter. [8518/08]

Minister for Education and Science (Deputy Mary Hanafin): The commitment referred to by the Deputy is in the sports chapter of the Programme for Government and the Government is committed to implementing it by 2012. The curriculum in Physical Education at Primary level provides for activity across six strands, athletics, dance, gymnastics, games, outdoor and adventure activities and aquatics. Five of the strands are outlined for implementation at all levels from junior infants to sixth class, while the aquatic strand is outlined for implementation at any one of the class group levels or over a number of levels. The Physical Education curricula at both primary and second level have been developed on the understanding that facilities available to schools vary. Consequently, they offer a level of flexibility that allows each individual school to design a programme that can be delivered using the resources and supports available to it. Schools can use their capitation funding to pay for swimming lessons. The primary school capitation grant has been increased substantially in recent years. Since 1997 the standard rate of capitation grant has been increased from \57.14 per pupil to \178.58 with effect from 1st January, 2008. This represents an increase of over 212.5% in the standard rate of capitation grant since 1997. This year, schools are getting \15 more per child than they got in 2007. Enhanced rates of capitation funding are paid in respect of children with special educational needs who attend special schools or special classes attached to mainstream schools. The current rates range from \457 to \880 per pupil. Under the Programme for Government, we are committed to doubling the standard capitation grant for primary schools over the next five years.

Vocational Training Opportunities Scheme. 165. Deputy Enda Kenny asked the Minister for Education and Science if, in respect of flexibility for adults returning to education, she will make arrangements to consider applicants for VTOS courses who have not been in a position to sign on for unemployment assistance for a six month period; and if she will make a statement on the matter. [8521/08]

716 Questions— 27 February 2008. Written Answers

Minister of State at the Department of Education and Science (Deputy Sea´n Haughey): The Vocational Training Opportunities Scheme (VTOS) was introduced in 1989 to encourage people in receipt of unemployment payments to return to education and training. VTOS courses are full-time and can last up to two years. Over the following years, the Scheme was opened up to people in receipt of other payments, such as single parent allowances and illness benefit, disability allowance and invalidity pension. The requirement of a six month minimal qualifying period continued to apply. There are currently 5,000 approved places for the Scheme. As the programme was designed for long-term unemployed people who have had minimal or no qualifications, and as demand for places at present exceeds supply, there are no plans to change the qualifying conditions for VTOS. It is open to persons who wish to return to education who are not eligible to enrol on the VTOS to apply for a place on the Back to Education Initiative (BTEI). The BTEI provides part-time Further Education programmes for young people and adults. The aim is to give participants an opportunity to combine a return to learning with family, work and other responsibilities.

Higher Education Authority. 166. Deputy Enda Kenny asked the Minister for Education and Science if, under Section 9 of the Universities Act 1997, a deciding authority has to take cognizance of Government policy; and if she will make a statement on the matter. [8522/08]

Minister for Education and Science (Deputy Mary Hanafin): Section 9 of the Universities Act, 1997 provides that the Government may appoint a body, which will include national and international experts to advise the Higher Education Authority on whether, having regard to the objects and functions of a university, an educational institution should be established as a university. On the advice of the body and the recommendation of the Authority, the Govern- ment may, by order, provide that the institution shall be a university for the purposes of this Act.

Overseas Missions. 167. Deputy Rory O’Hanlon asked the Minister for Defence the number of UN peace support operations worldwide in which the Irish Defence Forces participated; and if he will make a statement on the matter. [8216/08]

Minister for Defence (Deputy Willie O’Dea): Ireland has a long and honourable history in providing personnel to support peacekeeping operations throughout the world. This year marks the fiftieth anniversary of Ireland’s first participation in a United Nations peacekeeping mission. A central tenet of Irish foreign policy is support for the multilateral system of collective security represented by the United Nations. In this regard, Ireland has worked to uphold the primary role of the Security Council in the maintenance of international peace and security. This commitment has found expression in Ireland’s longstanding tradition of participation in UN peacekeeping operations. Ireland has participated continuously in UN peacekeeping operations since 1958, a service which has comprised more than 56,000 individual tours of duty and involved 54 missions. The Defence Forces have served all over the world in Europe, Africa, the Middle East, the Far East and South America with UN or UN authorised missions. Cur-

717 Questions— 27 February 2008. Written Answers

[Deputy Willie O’Dea.] rently, Ireland has a total of 474 Defence Forces personnel serving overseas with 14 different missions.

Pension Provisions. 168. Deputy Ro´ isı´n Shortall asked the Minister for Defence if he will clarify the pension record of a person (details supplied) in Dublin 11 and the pension entitlement of this person’s spouse. [8269/08]

Minister for Defence (Deputy Willie O’Dea): The matter is being examined at present and I will be in touch with the Deputy as soon as possible.

Drugs in Prisons. 169. Deputy Catherine Byrne asked the Minister for Justice, Equality and Law Reform if an evaluator has been appointed to carry out a review of the prison strategy, as detailed in the National Drugs Strategy Critical Implementation Path (details supplied); when this review will be published; and if he will make a statement on the matter. [8228/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Irish Prison Service is currently rolling out its Drugs Policy and Strategy, entitled Keeping Drugs out of Prison. This drugs strategy was launched in May 2006 and significant progress has been made to date in its implementation. Mechanisms for the monitoring and evaluation of the Policy and Strategy are being developed as it is rolled out.

Residency Permits. 170. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will respond to correspondence from a person (details supplied); and if he will make a statement on the matter. [8214/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Immigration Division of my Department that an application from the person concerned for residence in the State based on EU Treaty Rights was received on 4th February 2008. Subsequent correspondence dated the 13th February from the applicant was also received relating to his application. The status of the applicant cannot be determined until his application is fully processed. The statutory time frame for issuing a decision in EU Treaty Rights applications is six months from the date of receipt. The applicant cannot enter employment until such time as he is issued with a positive decision.

Asylum Applications. 171. Deputy Joe Costello asked the Minister for Justice, Equality and Law Reform if he will respond to the case of a person (details attached) in Dublin 1; and if he will make a statement on the matter. [8215/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person referred to applied for asylum on 19 June 2006. He was provided with accommodation in Dublin to facilitate the processing of his asylum application by the Office of the Refugee Applications Commission (ORAC) and subsequently by the Refugee Appeals Tribunal (RAT). The person has since initiated a judicial review of the process and, as a result, there is no immediate prospect of his case being brought to a conclusion. Consequently, there is no longer a requirement for his continued accommodation in Dublin and he was transferred, in accordance with

718 Questions— 27 February 2008. Written Answers the standard dispersal policy under the Direct Provision system, to Lisbrook accommodation centre in Galway city on 12 February, 2008. To put this case in context, accommodation in Dublin centres is reserved in the main for newly arrived asylum seekers; asylum seekers whose asylum applications are being processed through the accelerated procedure process; and other asylum seekers who require special processing arrangements. The requirement to be initially accommodated in Dublin is to facilitate interviews and associated scheduling, medical screening, registration for direct provision allowance and other procedural requirements. Dispersal of asylum seekers from Dublin centres is critical to the asylum process and is a key part of the remit of the RIA.

Asylum Support Services. 172. Deputy Ro´ isı´n Shortall asked the Minister for Justice, Equality and Law Reform his intentions to increase the rate of the direct provision allowance; and if he will make a statement on the matter. [5262/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Direct Pro- vision system seeks to ensure that the accommodation and ancillary services provided by the State meet the requirements of asylum seekers in the period during which their applications for asylum are being processed. This system provides asylum seekers with full board accommodation free of utility or other costs. In addition to meeting these basic living costs, a Direct Provision allowance of \19.10 per adult and \9.60 per child was introduced some years ago and is paid by Community Welfare Officers (CWO’s), operating under the aegis of the Department of Social and Family Affairs. CWO’s also have discretion to make once-off exceptional needs payments in relation to, for example, back to school clothing. The Direct Provision allowance seeks to reflect the value of the above-mentioned services to the asylum seeker and there are no plans to increase the allowance. It should also be noted that asylum seekers in Direct Provision also qualify for medical cards and can access the public health service in the same way as an Irish citizen and that children are entitled to free education at Primary and Post-Primary level.

Garda Reserve. 173. Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform the number of Garda Reserve members who are currently employed in County Galway; the number who have successfully applied for An Garda Sı´ocha´na; the number of Garda Reserve members currently in training; and if he will make a statement on the matter. [8352/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The number of Garda Reserve members employed in the Galway West Division as at 31st January 2008 was 14. Up to the 31st January 2008, a total of 217 people had been fully attested as Garda Reserve members. In addition, a further 74 people were in training. Recruitment is continuing and regular promotional efforts to attract potential Reserve members are being undertaken.

Crime Levels. 174. Deputy Paul Connaughton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the spate of larceny in the south Galway area, in particular the theft of car livestock trailers; the number that have been reported missing to the Garda; and if he will make a statement on the matter. [8354/08]

719 Questions— 27 February 2008. Written Answers

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda authorities that incidents of theft of livestock trailers in the South Galway area are the subject of ongoing Garda investigations. One person has been arrested, and an investigation file is being prepared for submission to the Director of Public Prosecutions. Local Garda management has directed frequent mobile patrols by uniformed and plain clothes personnel, supplemented by the Divisional Traffic Corps and Task Force Units, in the area concerned. In addition, close liaison is maintained with adjoining Divisions, including the exchange of information and intelligence gathered during such patrols. All operations and initiatives are reviewed on a regular basis and adjusted as local circumstances dictate. In addition, local Garda management have undertaken a number of initiatives, under Oper- ation Anvil, targeting criminals travelling through the Division. These include additional patrol- ling of identified isolated locations and targeted checkpoints, involving uniformed and armed plain-clothes personnel, at strategic locations. Crime prevention and security advice is also provided by the Divisional Crime Prevention Officer who makes regular presentations to various community-based groups, including Community Alert groups and meetings of the Irish Farmers Association. These presentations address local matters including crime prevention and security advice, particularly in respect of farm equipment, valuable livestock and trailers. Local media outlets area are also utilised to provide crime prevention advice, as well as requests for witnesses to come forward.

Residency Permits. 175. Deputy Damien English asked the Minister for Justice, Equality and Law Reform when his Department will decide on an application by a person (details supplied) in County Meath for renewal of permission to remain in the State; and if he will make a statement on the matter. [8378/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person in question submitted an application to my Department for renewal of permission to remain in the State based on their parentage of their Irish born child under the terms of the IBC/05 scheme. Processing of the application has been completed and the renewal documentation will issue shortly.

Public Order Offences. 176. Deputy Finian McGrath asked the Minister for Justice, Equality and Law Reform the position regarding an issue (details supplied). [8383/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I am informed by the Garda authorities that the location referred to is in the Clontarf Garda sub-District and is patrolled by foot and mobile patrols from that Garda station. I am further informed that local Garda management is aware of a number of incidents of public disorder in the area concerned. Additional Garda patrols, including patrols by the District Detective and Drug Units, the Community Policing Unit and the Mountain Bike Units, supplemented as required by the Divisional Crime Task Force and Traffic Corps personnel, have been directed to pay particular attention to this area, with a view to ensuring a visible Garda presence. I am informed that these initiatives appear to be having a positive result. Current policing policy in the area is predicated on the prevention of crime, including crimes of violence against persons and property, the prevention of public order offences and the

720 Questions— 27 February 2008. Written Answers maintenance of an environment conducive to the improvement of the quality of life of the residents. This strategy is, and will continue to be, central to the delivery of the policing service in this area.

Residency Permits. 177. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform if he will respond to the long-term residency application from a person (details supplied) in Dublin 16; and if he will make a statement on the matter. [8386/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The position in relation to granting long-term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. An application for long-term residency from the person referred to by the Deputy was received in November 2006. I understand that applications received in July 2006 are currently being dealt with. As soon as a decision is made on the case, the person concerned will be notified.

178. Deputy Olivia Mitchell asked the Minister for Justice, Equality and Law Reform the length of the typical wait for a decision on a long-term residency application following the completion of the statutory period of five years legal residency; and if he will make a statement on the matter. [8387/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Long-term residency is an administrative scheme that was introduced in May 2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authorisation / work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. I understand that applications received in July 2006 are currently being dealt with.

Succession Rights. 179. Deputy James Bannon asked the Minister for Justice, Equality and Law Reform the reason a legacy left under the provision of a legally executed will to a person who predeceased

721 Questions— 27 February 2008. Written Answers

[Deputy James Bannon.] the signatory (details supplied) should revert the State, rather than being considered the inheritance of the next of kin of the intended beneficiary. [8389/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Section 91 of the Succession Act 1963 provides that, unless a contrary intention appears from the will, in cases where a gift under a will fails to take effect for any reason, e.g. because the intended beneficiary did not survive the testator, and the property is not otherwise disposed of, it falls into the residue and passes with any residuary gift contained in the will. Where there is no residuary gift provision in the will, the estate is distributed under the intestacy rules set out in Part VI of the 1965 Act. Section 73 of the 1965 Act provides that in default of any person taking the estate of an intestate person, under the provisions of Part VI of the Act or otherwise, the State shall take the estate as ultimate intestate successor. However, section 73 also provides that the Minister for Finance may waive the right of the State under this section in favour of such person, and upon such terms, as he thinks proper having regard to all the circumstances of the case. The Deputy will appreciate that I can make no comment in relation to specific cases.

Residency Permits. 180. Deputy Richard Bruton asked the Minister for Justice, Equality and Law Reform the procedures in place for persons claiming residency once they have been here five years; the waiting time in relation to same; if priority is given to persons who are seeking to establish a business but need certainty of status before gaining finance; and if he will make a statement on the matter. [8392/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): Long-term residency is an administrative scheme that was introduced in May2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit / work authorisation / work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The dependants of the aforementioned, who have been legally resident in the State for over five years may also apply for long-term residency. This particular long-term permission does not grant an exemption from employment permit requirements to any such dependants. Time spent in the State on student conditions cannot be counted towards long-term residency. While applications for long-term residency are under consideration, the person concerned should ensure that their permission to remain in the State is kept up to date. I understand that applications received in July 2006 are currently being dealt with. Appli- cations are generally dealt with in chronological order which is deemed fairest to the applicants.

Asylum Applications. 181. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform if he will grant indefinite residency status in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [8393/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): It is not the practice to comment in detail on individual asylum applications. As the Deputy will be aware, applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and

722 Questions— 27 February 2008. Written Answers the Refugee Appeals Tribunal which make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. A final decision on this application will be made upon receipt of the recommendation of the Refugee Applications Commissioner.

Deportation Orders. 182. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the circumstances in relation to the case of a person (details supplied); if an effort has been made to follow up on their welfare and well-being since their deportation; if there is information regarding their welfare; and if he will make a statement on the matter. [8394/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The person concerned arrived in the State on 5 September 2002. She claimed asylum on 1 October 2002 and her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. The person concerned was informed by letter dated 19 November 2004 that the Minister proposed to make a Deportation Order in respect of her and afforded her three options in accordance with Section 3(3)(b)(ii) of the Immigration Act, 1999 (as amended), namely to leave the State voluntarily, to consent to the making of a Deportation Order or to submit, within 15 working days, written representations to the Minister setting out the reasons why she should be allowed to remain temporarily in the State i.e. why she should not be deported. Her case was examined under Section 3(6) of the Immigration Act, 1999 (as amended), and Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement. Consider- ation was given to all representations submitted on her behalf for permission to remain in the State. On 4 May 2005 my predecessor refused permission to remain temporarily in the State and instead signed a Deportation Order in respect of her. Notice of this order was served by registered post requiring the person concerned to present herself at the Garda National Immi- gration Bureau (GNIB),13-14 Burgh Quay, Dublin 2 on Tuesday 7 June 2005 in order to make travel arrangements for her removal from the State. She presented as required and given further presentation dates which she kept. On 5 July 2005, she was removed from the State to Nigeria. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter out of the State. The Deputy might wish to note that, in addition to the eleven factors contained in Section 3 (6) of the Immigration Act, 1999 (as amended), I must, as stated earlier, also have regard for Section 5 of the Refugee Act, 1996 (as amended) on the Prohibition of Refoulement before making a deportation order. This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a deportation order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources, including the United Nations High Commission for Refugees (UNHCR), in evaluating the safety of making returns to Nig- eria and other third countries. In this case, I am entirely satisfied that there were no refoulement related reasons to prevent the deportation of the person concerned.

723 Questions— 27 February 2008. Written Answers

[Deputy Brian Lenihan.]

Further, I am satisfied that the applications made by the person concerned for asylum and subsequently for temporary leave to remain in the State, together with all refoulement issues, were fairly and comprehensively examined and, as such, the decision to deport her was justified.

Citizenship Applications. 183. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform when it is expected naturalisation will be completed in the case of persons (details supplied) in County Kildare; and if he will make a statement on the matter. [8395/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): I refer the Deputy to my reply to Parliamentary Question 1249 on 30 January 2008. The position remains as stated.

Asylum Applications. 184. Deputy Bernard J. Durkan asked the Minister for Justice, Equality and Law Reform the current or expected residency status in the case of persons (details supplied) in County Cork; and if he will make a statement on the matter. [8396/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The immigration case histories and up to date positions of the two persons concerned, a husband and wife, are almost identical. As a result, for the purposes of this Parliamentary Question, I will deal with the two cases as one. Both of the persons concerned arrived in the State on 17 August 2004 and applied for asylum the following day. Their respective asylum applications were refused following the individual consideration of their cases by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. The persons concerned then lodged Judicial Review Proceedings in the High Court challenging the decision of the Refugee Appeals Tribunal to reject their asylum appeals. These Proceedings were successful. The persons concerned were afforded a re-hearing of their cases by the Refugee Appeals Tribunal. The re-hearing took place but again the Tribunal concluded that the persons concerned did not meet the criteria for recognition as refugees. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), both were informed, by separate letters dated 20 February 2008, that the Minister proposed to make deportation orders in respect of them. They were each given the options, to be exercised within 15 working days, of leaving the State voluntarily, of consenting to the making of a deportation order or of making representations to the Minister setting out the reasons why they should be allowed to remain temporarily in the State. In addition, both were separately notified of their entitlement to apply for Subsidiary Protection in accordance with regulations known as the European Communities (Eligibility for Protection) Regulations, S.I. No. 518 of 2006, which came into force on 10 October 2006. Both of the persons concerned submitted applications for Subsidiary Protection in the State in accordance with these Regulations and these applications are under consideration at present. When consideration of these applications has been completed, the persons concerned will be individually notified, in writing, of the outcome. In the event that the Subsidiary Protection applications are refused, the individual case files of the persons concerned, including all representations submitted, will then be considered under Section 3(6) of the Immigration Act 1999 (as amended) and Section 5 of the Refugee Act

724 Questions— 27 February 2008. Written Answers

1996 (as amended) on the prohibition of refoulement. When this latter consideration has been completed, the case files of the persons concerned will be passed to me for decision.

Community Service Orders. 185. Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his plans to introduce a community payback scheme that will require prisoners who are not subject to automatic long prison terms to provide real services for the community that they have damaged; the time scale for the introduction of such a scheme as outlined in the Agreed Programme for Government; and if he will make a statement on the matter. [8519/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): The Deputy will be aware that under the Criminal Justice (Community Service) Act, 1983, a Court may make a Community Service Order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the Order being made. The Community Service Order requires an offender to perform unpaid work for between 40 and 240 hours, usually to be completed within 12 months. The aim of a Community Service Order is to rehabilitate the offender through the discipline of having to work in the community and the making of meaningful reparation to that community for his or her crime. The Probation Service of my Department has responsibility for the supervision and management of Community Service Orders. The Programme for Government provides for a Community Pay Back Scheme which will build on the Community Service Scheme, currently the subject of a Value for Money and Policy Review by an Independent Evaluator. The findings of that Review, which will be available mid year, will influence how best to progress this aspect of the Programme for Government currently under examination by my Department.

Garda Deployment. 186. Deputy David Stanton asked the Minister for Justice, Equality and Law Reform his plans to conduct a regular detailed analysis of the Garda to population ratios to ensure every region of the country has appropriate policing as outlined in the Agreed Programme for Government; the time scale for same; and if he will make a statement on the matter. [8520/08]

Minister for Justice, Equality and Law Reform (Deputy Brian Lenihan): It is the responsibility of the Garda Commissioner to assign members of the Force throughout the country. In doing this he takes into account all relevant factors, including of course population but also including other factors such as crime rates and trends as well as operational priorities. The attested strength of An Garda Sıóchańa as at the 31 January 2008, the latest date for which figures are readily available was 13,732. In addition 1,310 student Gardaı´ were at various stages of their training on that date making a total of 15,042. The attested personnel strength of the Garda Reserve as at 31 January 2008 was 206 with a further 71 in training. It is anticipated that approximately 1,100 Student Gardaı´ will be attested to the Force during 2008. The significant increase in the strength of the Garda Sıóchańa has meant that, despite the increase in population, the ratio of Garda to population has increased significantly.

725 Questions— 27 February 2008. Written Answers

Community Wardens. 187. Deputy David Stanton asked the Minister for the Environment, Heritage and Local Government the progress in extending the pilot scheme of community wardens; the number of community wardens currently; and if he will make a statement on the matter. [8516/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The pilot community warden service, which was established in five local authorities in 2002, has since been placed on a permanent footing. There are currently 45 warden posts across these authorities. Following a process of adjudication, the practical issues concerning the extension of the service to other local authorities have recently been settled. Accordingly it is now open to other local authorities to introduce the scheme, having regard to local circumstances.

Water and Sewerage Schemes. 188. Deputy P. J. Sheehan asked the Minister for the Environment, Heritage and Local Government if his Department has received a revised preliminary report from Cork County Council regarding the need for improvement works to the sewage system for the Courtmacsh- erry area of County Cork; if he will confirm that funding is available for improvement works to this area; the works involved and the expected time scale for completion for these works; and if he will make a statement on the matter. [8217/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Courtmacsherry/Timoleague Sewerage Scheme, which will provide a new wastewater treatment plant in Courtmacsherry and upgrade the collection systems in both villages, has been included in my Department’s Water Services Investment Programme 2007 – 2009 as a scheme to start construction in 2009 at an estimated cost of \2.47m. My Department is awaiting submission of Cork County Council’s revised Preliminary Report for this scheme.

Waste Management. 189. Deputy Michael Ring asked the Minister for the Environment, Heritage and Local Government his plans in relation to education and the explanation of EU directives in relation to waste here. [8241/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Race Against Waste Campaign, which commenced in 2003, has been the most extensive waste information campaign ever run in Ireland. The campaign combined a multi-media national awareness campaign and a supporting communications strategy which aimed to stimulate the prevention, reduction, reuse and recycling of waste. It featured initiatives and practical measures that could be taken by individuals and businesses in helping to solve waste management problems. The campaign directly engaged specific audiences who are creating waste — communities, businesses, large organisations and homes — with the objective of improving environmental behaviour. It provided advice and information directly to the public through a lo-call telephone line and e-mail; ran a programme of action for businesses, including nationwide seminars; and informed the public through on-going public relations and advertising campaigns.

726 Questions— 27 February 2008. Written Answers

The main campaign concluded in October 2006 but certain elements have continued and a number of initiatives under the Race Against Waste campaign have been undertaken since then. My Department also provides significant funding to the Green Schools Initiative which is administered by An Taisce. The programme encourages environmentally sound waste management practices. Over 2,800 schools are participating in the programme which represents 65% of all schools in the State. Aspects of waste management will also be addressed as part of the Government’s new major communications and public awareness campaign focusing on climate change. My Department constantly assesses the need for additional awareness initiatives in relation to waste issues, including the need to raise awareness of policy development at national and EU levels.

Building Regulations. 190. Deputy Thomas P. Broughan asked the Minister for the Environment, Heritage and Local Government the measures he is taking, in conjunction with the Dublin City and Fingal county managers, to address ongoing serious problems with recently constructed homes (details supplied) in Dublin 13. [8360/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): I refer to the reply to Question No. 397 of 19 December, 2007. As indicated in that reply, the certification of products is the responsibility of the National Standards Authority of Ireland (NSAI). When the issue of pyrite arose, and following an intervention from my Department, the NSAI moved quickly to reconvene their Aggregates Panel in order to give urgent consideration to publication of additional guidance in relation to appropriate protocols for testing underfloor infill material. My Department is represented on this Panel, as is the construction industry. Following a public consultation process, the National Standards Authority of Ireland (NSAI) has now published a new Standard Recommendation, which is a definitive amendment to SR 21 — Guidance on the use of (Irish Standard) I.S. EN 13242:2002 — Aggregates for unbound and hydraulically bound materials for use in civil engineering work and road construction, and incorporating amendment 1:2007. The Standard Recommendation came into effect on 7 December 2007 and the intention is that it will address the quality standards of new homes insofar as problems relating to pyrite are concerned. It is now my intention to adopt this NSAI Standard Recommendation in the relevant Technical Guidance Document to the Building Regulations. The national Building Regulations set out the legal requirements for the construction of houses. The related Technical Guidance Documents (TGD) provide technical guidance on how to comply with the Regulations. Responsibility for compliance with the Building Regulations rests with the builder and the owner of the building. Enforcement is a matter for the 37 local Building Control Authorities, which are empowered to carry out inspections and initiate enforcement proceedings, when considered necessary. I understand that Fingal County Council has been in direct contact with the developers and the quarry concerned in relation to problems encountered following the use of pyrite as an underfloor infill material in certain developments.

727 Questions— 27 February 2008. Written Answers

[Deputy John Gormley.]

Having consulted the statutory Building Regulations Advisory Body, my Department issued a circular letter, BC 6/2007, to each County Manager and local Building Control Authority, on 16 August 2007, to bring the issue to their notice and to request their co-operation in the enforcement of the relevant requirements. The Circular letter also brought to their attention a notice issued by Fingal County Council on 26 July 2007 on this matter. Any problems arising between home owners and their builders are ultimately matters for resolution between the parties concerned — the homeowner, the relevant developer and the builder’s insurer. Where the construction of a house is the subject of a contract between the client and the builder, enforcement of this contract is a civil matter.

Departmental Bodies. 191. Deputy John Curran asked the Minister for the Environment, Heritage and Local Government the number of members that currently sit on the board of the Private Residential Tenancies Board; when they were appointed and the different backgrounds they were appointed from; if there are currently vacancies on this board; the length of time these vacancies have existed; when he expects to fill such vacancies; the sectors from which new appointments to the board might come; and if he will make a statement on the matter. [8362/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Batt O’Keeffe): The Board of the Private Residential Tenancies Board must number not less than nine and not more than fifteen members, including the Chairman. Board membership currently consists of thirteen people from legal, academic and relevant sectoral backgrounds, along with one local authority official and one official from my Department. Nine of the Board members were appointed on 28 October 2004, one member was appointed on 21 December 2007, and three members were appointed on 22 February 2008. While there is scope for two possible further appointments arising from the expiration of the terms of office of outgoing members on 31 December 2007, the current Board membership exceeds the minimum number required under section 153 of the Residential Tenancies Act 2004. Any further appointments to the Board would be made in accordance with that section, which requires that members of the Board shall be persons who, in the Minister’s opinion, have experience in a field of expertise relevant to the Board’s functions and that the Minister shall, in so far as is practicable, ensure gender balance in appointing members.

Water and Sewerage Schemes. 192. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government when he expects to increase the capital allocation to the various local authorities throughout County Kildare to bring about the upgrading or replacement of the various sewage treatment plants with a view to eliminating the threat of pollution and meeting the requirements of the expanding population; and if he will make a statement on the matter. [8402/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): A provision of \207m has been included for new water and wastewater infrastructure in County Kildare under my Department’s Water Services Investment Programme 2007 — 2009 which I published in September 2007 and which is available in the Oireachtas Library. The schemes in the Programme are derived from the Assessment of Needs drawn up by Kildare County Council in 2006 at my Department’s request and adopted by the elected members.

728 Questions— 27 February 2008. Written Answers

Environmental Policy. 193. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government if he is satisfied that methane gas trapping at landfills throughout the country is in accord with his Department’s policies and monitored by the Environmental Protection Agency; and if he will make a statement on the matter. [8403/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Under Section 60(3) of the Waste Management Act, 1996 I am specifically precluded from any involvement in any matter for which a local authority or the EPA has statutory responsibility. This includes the waste licensing system for which the EPA is responsible, including licensing of landfills and the application of any criteria governing gas emissions.

Water and Sewerage Schemes. 194. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government when he expects the necessary remedial action to be concluded in the matter of methane gas emissions from the sewage treatment system at Leixlip, County Kildare; if his attention has been drawn to the ongoing existence of this problem and the public’s dismay at the fact that despite proposals and promises the nauseating odour continues; and if he will make a statement on the matter. [8404/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): In July 2007, my Department approved Kildare County Council’s proposals to carry out works to eliminate odours from the waste water collection system in Leixlip as an advance section of the Lower Liffey Valley Sewerage Scheme. I understand that the Council has now appointed a contractor and that work will commence shortly.

Waste Management. 195. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of landfills currently in operation here; if it is his intention to continue with the use of landfills in the future; and if he will make a statement on the matter. [8405/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Landfills within individual local authority areas are developed and operated either by local authorities or private sector service providers. All are required to have a waste licence issued by the Environmental Protection Agency, which is statutorily independent of the Minister in discharging this function. My Department has no function in the provision or management of landfills. Data in respect of waste management, including in respect of the volume of waste sent to landfill, are published annually by the Agency in the National Waste Report. Waste management policy is centred on the Government’s continued support for the internationally recognised waste hierarchy which places major emphasis on the prevention, reuse and recycling of waste while minimising reliance on landfill and other disposal options. This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years. It is likely that there will be a continuing need for landfill capacity to deal with residual waste that cannot be recycled or reused. The determination of the capacity required is a matter for each of the waste management planning regions.

729 Questions— 27 February 2008. Written Answers

Fire Service. 196. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the number of part time and full time firemen currently employed here by the various local authorities; if he proposes to increase the number of full time staff or otherwise restructure the service; and if he will make a statement on the matter. [8406/08]

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Tony Killeen): Information supplied by fire authorities indicates that, at 1 January 2007, the total number of full-time and retained personnel employed in the fire service as Fire- Fighter/Leading Fire-Fighter/Driver/Mechanic is 1,057 and 1,692 respectively. The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, is a statutory function of individual fire authorities under section 10 of the Fire Services Act 1981. The Department’s role is one of supporting and assisting local authorities in delivering fire services through the setting of general policy and the provision of capital funding. Under the Fire Services Change Programme a Risk Based Approach to Fire Safety Management is being developed. When this system is available it will assist fire authorities in carrying out a risk analysis in their functional areas to inform the allocation of resources.

Questions Nos. 197 and 198 answered with Question No. 33.

Air Quality. 199. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which he has studied air pollution reports from the various monitoring stations here; if these reports suggest particular measures that might be taken in cases where significant increases of pollutants are indicated; and if he will make a statement on the matter. [8409/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Air quality assessment is the responsibility of the Environmental Protection Agency and air quality management a matter for local authorities informed by air quality measurement data. Where the indicative level for any pollutant is exceeded, the Air Quality Standards Regu- lations 2002 require the local authority concerned, following notification by the Agency, to develop a long-term air quality management plan to ensure compliance with the thresholds for the relevant pollutant or pollutants. The EPA published its report on Air Quality in Ireland 2006 in October 2007. It contains details of the monitoring and assessment of national air quality, and incorporates data from all air quality monitoring stations operated by the EPA. Monitoring in 2006 showed that air quality in Ireland is good and complied with the air quality standards in force for all pollutants.

Questions Nos. 200 to 202, inclusive, answered with Question No. 41.

Illegal Dumping. 203. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government the measures he proposes to deter illegal dumping or fly tipping; and if he will make a statement on the matter. [8414/08]

730 Questions— 27 February 2008. Written Answers

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): Actions against illegal waste activity are a matter for the local authorities and the Office of Environmental Enforcement (OEE). I am satisfied that appropriate powers are available to these enforcement authorities. The 2005 report of the OEE, The Nature and Extent of Unauthorised Waste Activity in Ireland, identifies the unauthorised collection and fly-tipping of waste as one of the problem areas in regard to waste management which needs to be further tackled. The report draws attention to the measures already being taken, including the appointment of over one hundred additional enforcement officers across the local authorities funded by my Department, and the stepped up enforcement activity generally being led by the Office and the local authorities. The report also identifies additional actions which would further support the effort to stamp out this socially and environmentally unacceptable practice. The implementation of these actions is being coordinated by the OEE through its National Enforce- ment Network.

Waste Management. 204. Deputy Bernard J. Durkan asked the Minister for the Environment, Heritage and Local Government his preferred options to meet waste management requirements; the extent to which he will put in place the necessary measures in the near future; and if he will make a statement on the matter. [8415/08]

Minister for the Environment, Heritage and Local Government (Deputy John Gormley): The Programme for Government clearly sets out the approach to waste management that will be reflected in national policy in the years ahead. It is firmly grounded in a continuing commitment to the waste hierarchy with a renewed drive towards the achievement of international best practice in the reduction, re-use and recycling of our waste. This, coupled with an increasing emphasis on technologies for the mechanical and biological treatment of waste, will significantly reduce potential reliance on landfill and incineration. This commitment to the waste hierarchy has added significance in the context of the requirements of the EU Landfill Directive to divert waste from landfill. Meeting this obligation will entail doubling the existing level of diversion from landfill by 2010 and further increases in diversion in subsequent years. To assist the process of ensuring that our waste management system can act in support of these objectives my Department has initiated the major review of waste management policy foreseen in the Government’s policy programme. This will be designed to support the necessary legal, institutional and policy framework to achieve international best practice in the management of our waste.

Inland Fisheries. 205. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources the number of pike removed from Lough Sheelin in 2007 by the Shannon Regional Fisheries Board using gill nets; the full cost to the fisheries board for this work; and if he will make a statement on the matter. [8211/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): Under the Fisheries Acts, primary responsibility for the management, conservation, protection and development of inland fisheries stocks rests with the Central and Regional Fisheries Boards. As this is a day-to-day operational matter for the Shannon Regional Fisheries Board, I have no function in the matter.

731 Questions— 27 February 2008. Written Answers

Departmental Expenditure. 206. Deputy James Bannon asked the Minister for Communications, Energy and Natural Resources the amount of travel and subsistence payments paid to each member of the seven regional fisheries boards and to each of their Chief Executive Officers in 2006 and 2007; and if he will make a statement on the matter. [8212/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The payment of expenses to board members is a day-to-day operational matter for each of the regional fisheries boards and I have no function in the matter.

Telecommunications Services. 207. Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources when broadband will be available in the area (details supplied) in County Mayo particularly as the village was identified in 2005 in the broadband rural scheme; and if he will make a statement on the matter. [8219/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of broadband services is, in the first instance, a matter for the private sector. Broad- band service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. A project was approved under the second phase of the Group Broadband Scheme (GBS) for Aghamore, Tooreen and Kilkelly in County Mayo, with Westnet as the proposed service provider. However, the service provider did not proceed with this project due to implementation difficulties. The GBS has now been superseded by the National Broadband Scheme (NBS) and the procurement process for this scheme is now under way. The NBS will provide broadband services to areas that are currently unserved and will ensure that all reasonable requests for broadband in unserved areas of County Mayo are met. The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. The four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates have now commenced “Competitive Dialogue” with my Department and are developing their proposed solutions to meet my Department’s requirements for the delivery of broadband to the unserved areas of Mayo. It is anticipated that a preferred bidder will be selected and appointed in June 2008, with rollout to commence as soon as possible thereafter.

Electricity Generation. 208. Deputy Thomas P. Broughan asked the Minister for Communications, Energy and Natural Resources further to Parliamentary Question No. 280 of 31 January 2008, the national surveys he is referring to; if the surveys are available to the public; if so, the locations where they are available for public inspection; and if he will make a statement on the matter. [8220/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The surveys referred to in my reply to Parliamentary Question No. 280 of 31 January 2008, are

732 Questions— 27 February 2008. Written Answers surveys undertaken some decades ago, prior to the selection of a suitable site for a pumped hydro facility and the commencement of works at Turlough Hill in 1968. The studies were undertaken by ESB, which is best positioned to advise whether the studies can be made publicly available. The studies are not retained by the Department.

Telecommunications Services. 209. Deputy Jack Wall asked the Minister for Communications, Energy and Natural Resources the position of the provision of broadband rollout in County Kildare and specifically in the Kilcullen, Calverstown, Ballyshannon and Brannockstown areas of the county; if all areas are within the last programme agreed with the providers; if so, when the rollout will take place; and if he will make a statement on the matter. [8222/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The provision of broadband services is, in the first instance, a matter for the private sector. Broad- band service providers operate in a fully liberalised market, regulated, where appropriate, by the independent Commission for Communications Regulation, ComReg. The role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services, by competing private sector service providers. The widespread provision of broadband services continues to be a priority for the Government. In that regard my Department has undertaken initiatives to address the gaps in broadband coverage. These include providing grant-aid under the recently concluded Group Broadband Scheme and investment in Metropolitan Area Networks (MANs). There are still some parts of the country where the private sector will be unable to justify the commercial provision of broadband services. Accordingly, the procurement process for a National Broadband Scheme (NBS) is under way. The NBS will provide broadband services to areas that are currently unserved and will ensure that all reasonable requests for broadband in unserved areas, including any unserved areas in County Kildare, are met. The first phase of the procurement process (Pre-Qualification Questionnaire (PQQ)) is now complete, and four candidates pre-qualified to enter the next phase of the procurement process. The four candidates were, in alphabetical order, BT Communications Ireland Ltd Consortium, eircom Ltd, Hutchinson 3G Ireland Ltd and IFA/Motorola Consortium. Following the withdrawal of the IFA/Motorola Consortium as a candidate the remaining three candidates have now commenced “Competitive Dialogue” with my Department and are developing their proposed solutions to meet my Department’s requirements for the delivery of broadband to the unserved areas of Kildare. It is anticipated that a preferred bidder will be selected and appointed in June 2008, with rollout to commence as soon as possible thereafter.

Departmental Projects. 210. Deputy Michael Ring asked the Minister for Communications, Energy and Natural Resources when he will make a decision on a project (details supplied) in County Mayo; and if he will make a statement on the matter. [8370/08]

Minister of State at the Department of Communications, Energy and Natural Resources (Deputy Tony Killeen): The application is currently under consideration and I expect a decision on this matter will be made in the near future.

733 Questions— 27 February 2008. Written Answers

Postal Services. 211. Deputy David Stanton asked the Minister for Communications, Energy and Natural Resources his plans to ensure that An Post addresses access issues at company owned post offices within two years, as outlined in the Agreed Programme for Government; and if he will make a statement on the matter. [8513/08]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): The delivery of commitments by An Post in regard to access issues at company-owned post offices is an operational matter for the board and management of An Post and one in which I have no statutory function.

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